Circular No. 25/2008/TT-BQP guiding the implementation of certain provisions of the Government's Decree No. 148/2006/NĐ-CP dated December 4, 2006 on planning, construction, management, and protection of safety zones around ammunition depots, explosive materials warehouses, and ammunition production plants under the management of the Ministry of National Defense.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 148/2006/NĐ-CP dated December 4, 2006 of the Government on Planning, Construction, Management, and Protection of Safety Zones around Ammunition and Explosive Material Warehouses and Ammunition and Explosive Material Production Plants Managed by the Ministry of National Defense

Pursuant to Decree No. 148/2006/NĐ-CP dated December 4, 2006 of the Government on Planning, Construction, Management, and Protection of Safety Zones around Ammunition and Explosive Material Warehouses and Ammunition and Explosive Material Production Plants Managed by the Ministry of National Defense (hereinafter referred to as Decree No. 148/2006/NĐ-CP), the Ministry of National Defense issues guidelines for implementing certain provisions as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

2. Applicability:

Ammunition and explosive material warehouses, ammunition and explosive material production plants (referred to hereafter as ammunition warehouses) shall be implemented in accordance with Article 1 of Decree No. 148/2006/NĐ-CP, which includes: Army ammunition warehouses, anti-aircraft missile and air combat weapon warehouses, naval ammunition warehouses, divided into levels:

a) Ammunition warehouses at the level of the Ministry of National Defense;

b) Ammunition warehouses at the level of military regions, corps, services, arms;

c) Ammunition warehouses at the level of divisions, Naval Zone, provinces, centrally governed cities;

d) Raw material, product, and explosives production line warehouses, ammunition production and repair plants of national defense enterprises;

e) Ammunition warehouses at the level of regiments, battalions, district airbase bases, towns, and equivalent units.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Circular applies to all agencies, organizations, and individuals operating and residing within the territory of Vietnam.

3. Principles of Planning, Construction, Management, and Protection of Safety Zones around Warehouses

The principles of planning, construction, management, and protection of safety zones around warehouses shall be carried out in accordance with Article 3 of Decree No. 148/2006/NĐ-CP, specifically as follows:

a) All ammunition warehouses mentioned in points a, b, c, d, e of Section 1, Part I of this Circular located within the territories of localities nationwide and all related organizations and individuals must have the responsibility to construct, manage, and protect the safety zone around the warehouse.

b) Any organization or individual when planning, constructing projects, exploiting, and using land and airspace within the safety zone around the warehouse within the permitted scope stipulated in Clause 2, Clause 3, Article 7 of Decree No. 148/2006/NĐ-CP must obtain the opinion of the head of the direct superior unit managing the ammunition warehouse and comply with regulations on construction, management, and protection of the safety zone around the warehouse. Outside the permitted scope stipulated in Clause 2, Clause 3, Article 7 of Decree No. 148/2006/NĐ-CP, the opinion of the Prime Minister must be obtained.

II. SAFETY ZONE AROUND WAREHOUSE REGULATIONS

1. The safety zone around the warehouse shall be implemented in accordance with Article 5 of Decree No. 148/2006/NĐ-CP, including:

a) All ammunition warehouses mentioned in points a, b, c, d, e of Section 1, Part I of this Circular must determine the safety zone around the warehouse. The safety zone around the warehouse must ensure the prevention of harmful factors that cause loss of safety for the ammunition warehouse and must ensure the safety of lives and property of organizations and individuals outside the safety zone around the warehouse if an accident occurs in the ammunition warehouse.

b) The safety zone around the warehouse is determined on-site through fences, markers, signs, and cadastral maps, clearly indicating the location and land area occupied by the ammunition warehouse and the safety zone around the warehouse.

c) In addition to the management files for defense works and military areas, ammunition warehouses must also maintain management files for the safety zone around the warehouse. If the current safety zone around the warehouse does not fall within the scope of defense land management, the direct management unit of the ammunition warehouse will cooperate with local functional agencies to establish and manage the safety zone around the warehouse file. When there is a decision to transfer the purpose of use to defense land, the establishment and management of the file shall be carried out according to the regulations on defense land management and the Land Law.

2. The safety radius of ammunition warehouses shall be implemented in accordance with Article 6 of Decree No. 148/2006/NĐ-CP, specifically as follows:

a) All types of ammunition stored in each warehouse must be calculated and converted into TNT equivalent (DTNT);

b) Based on DTNT, referring to the Vietnamese Standard TCVN 4586:1997 "Industrial Explosives - Safety Requirements for Storage, Transportation, and Use"; Decision No. 338/QĐ-QP dated September 16, 1991 promulgating "Regulations on Ammunition Warehouses (Army) of the Vietnam People's Army" and technical documents on anti-aircraft missiles, air combat weapons, naval weapons to calculate safe distances:

- Safe distance from shock waves;

- Safe distance from air pressure effects;

- Safe distance from flying debris effects.

c) After calculating the safe distances mentioned in point b, the largest value among the calculated safe distances shall be selected as the safety radius for each warehouse. The largest safety radius among the warehouses shall be selected as the safety radius for the warehouse.

d) The safety zone around the warehouse is the area surrounding the warehouses within the ammunition warehouse, including both surface and underground areas, lying between the inner and outer limits with a distance equal to the largest safety radius of the warehouses. The inner limit of the safety zone around the ammunition warehouse is a closed fence or wall surrounding the ammunition warehouse area. If there are multiple layers of closed fences or walls surrounding the ammunition warehouse area, the inner limit of the safety zone around the ammunition warehouse is the closest fence or wall to the warehouse. For district, county, town, and equivalent-level warehouses, the inner limit of the safety zone around the ammunition warehouse is the outer edge of the warehouse foundation.

e) The safety radius of each level of warehouse depends on the type of ammunition, DTNT but must be within the following limits:

- Level of the Ministry of National Defense, military region, corps, service, arm, naval zone, and equivalent: The safety radius must not exceed 1500 meters.

- Level of division, province, centrally governed city, and equivalent: The safety radius must not exceed 1000 meters.

- For regiment, battalion, and equivalent-level warehouses; airbase bases, raw material, product, and explosives production line warehouses, ammunition production and repair plants of national defense enterprises: The safety radius must not exceed 1000 meters.

- For county-level ammunition warehouses and equivalent: The safety radius must not be less than 14 meters. If the warehouse has surrounding walls made of reinforced concrete with a thickness of 200mm to 300mm, a reinforced concrete ceiling, and a fence or barrier around the warehouse that is at least 2 meters from the outer edge of the warehouse's foundation, then the safety radius for the county-level warehouse must not be less than 7 meters.

e) In cases where ammunition warehouses are constructed solidly, with blast barriers installed according to the specifications set out in Industry Standard 06 TCN 584:1996 "Strategic and Campaign Ammunition Warehouses" or if there are hills or mountains surrounding the warehouse area that provide shielding, and if the lowest point of the hill or mountain creates an angle greater than 45 degrees when a straight line is drawn from its peak to the base of the farthest warehouse wall, then the safety radius for each warehouse or the ammunition warehouse towards the direction of the hill or mountain shielding may be reduced by 50%, but it must still ensure that the top of the hill or mountain lies within the inner and outer limits of the warehouse safety zone.

f) If ammunition warehouses do not meet the requirements specified in point d of this Section, subordinate units under the Ministry shall report to the General Staff Department to adjust accordingly with combat defense tasks and Decree No. 148/2006/NĐ-CP.

3. Protection of the warehouse safety zone shall be carried out in accordance with the provisions of Article 7 of Decree No. 148/2006/NĐ-CP, specifically as follows:

a) Within the warehouse safety zone, strictly prohibit:

- Persons without responsibility from entering the warehouse safety zone;

- Construction of residential buildings, economic works, and public facilities;

- Use of fire, explosives, equipment, flammable and explosive materials, and objects carrying fire;

- Agricultural, forestry, and fishery activities within a range of 50 meters from the inner limit of the warehouse safety zone outward;

- Exploration and exploitation of mineral resources;

- Hunting and blasting;

- Docking of transportation vehicles;

- Tourism and collective activities (except for firefighting, explosion prevention, rescue, and relief activities);

b) Within the warehouse safety zone, the following activities are permitted:

- Outside the radius of 50 meters from the inner limit of the warehouse safety zone outward, construction of works directly serving the warehouse operations; agricultural, forestry, and fishery activities; construction of small and medium-sized irrigation works, works for firefighting, explosion prevention, rescue, and relief; construction of small and medium-sized infrastructure works for transportation directly serving the warehouse operations and for firefighting, explosion prevention, rescue, and relief;

- Outside the radius of 500 meters from the inner limit of the warehouse safety zone outward, construction of high-voltage power lines below 110KV is allowed;

c) Apart from the prohibitions mentioned in point a above, all activities within the warehouse safety zone must comply with laws on the protection of national defense works and military areas;

d) The permitted activities within the warehouse safety zone as stated in point a above must have prior agreement with the direct superior unit managing the ammunition warehouse regarding compliance with regulations on construction, management, and protection of the warehouse safety zone;

đ) Any organization or individual with rights and obligations related to the warehouse safety zone, upon discovering violations of regulations concerning construction, management, and protection of the warehouse safety zone, must immediately report to local authorities or competent agencies for prompt handling;

e) Any acts infringing upon the warehouse safety zone must be dealt with in accordance with the law;

4. Planning and construction of ammunition warehouses shall be carried out in accordance with the provisions of Article 8 of Decree No. 148/2006/NĐ-CP, specifically as follows:

a) Planning and constructing the ammunition warehouse system throughout the military must be based on defensive combat tasks for each region and area as stipulated by the General Staff Department. It is necessary to plan and construct the warehouse safety zone comprehensively in accordance with the provisions of Article 6 of Decree No. 148/2006/NĐ-CP, while also meeting the needs for socio-economic development and complying with land laws;

b) When planning, designing, and constructing new ammunition warehouses and arranging storage facilities, priority should be given to selecting locations with terrain and objects providing cover; ensuring the safety radius specified in Section 2 Part II of this Circular for areas near civilian populations and economic public facilities; considering the impact of earthquakes, floods, landslides, and other natural phenomena;

c) Construction, management, and protection of the warehouse safety zone must be closely linked to the protection of mineral resources, the environment, historical and cultural relics, scenic spots, and must respect the legitimate rights and interests of organizations and individuals;

d) Explosive ammunition and explosives must not be stored in warehouses near densely populated areas. Ammunition warehouses currently located near concentrated population centers, urban areas, industrial zones, national highways, national power grids, and other important facilities must adjust their ammunition types and quantities to ensure compliance with the safety radius specified in point d of Section 2 Part II of this Circular; in cases where adjustments cannot be made, they must report to the General Staff Department for relocation to another location to ensure compliance with the warehouse safety zone range. Ammunition warehouses that do not meet the standards for fire and explosion prevention and spread prevention must be strengthened, supplemented, repaired, or rebuilt;

đ) New ammunition warehouses shall not be constructed in urban areas or densely populated areas. In cases where it is truly necessary for national defense tasks, when deciding to construct, calculations and designs must ensure safe distances from civilian populations and economic public facilities nearby; for county-level ammunition warehouses, approval by the Military Region Commander is required; for raw material, product, and production lines for explosive materials, ammunition production, and repair of defense factories, battalion-level, regiment-level, and equivalent warehouses, approval by the Minister of Defense is required; for ammunition warehouses at the Ministry of Defense level, military region, corps, service branch, division, naval region, airbase base, provincial, and centrally governed city levels, approval by the Prime Minister is required;

III. RESPONSIBILITIES FOR PLANNING, CONSTRUCTION, MANAGEMENT, AND PROTECTION OF THE WAREHOUSE SAFETY ZONE

1. The responsibility of the Ministry of National Defense shall be carried out in accordance with the provisions of Article 9 of Decree No. 148/2006/NĐ-CP, specifically as follows:

a) Responsibilities of the General Staff:

- To take the lead in coordinating with the General Department of Technology to review the planning of the ammunition storage system throughout the military; adjust the arrangement in accordance with defensive combat tasks and regulations on construction, management, and protection of the Safety Belt around ammunition storage facilities as stipulated in Decree No. 148/2006/NĐ-CP, and report to the Ministry for approval.

- Based on the approved planning of the ammunition storage system throughout the military, develop plans for the planning of the ammunition storage system and the Safety Belt around each facility nationwide. The part of the plan concerning the Safety Belt around the ammunition storage system at the level of the Ministry of National Defense, Military Region, Corps, Arm, Branch, Division, Naval Zone, Airbase Base, Province, and centrally governed city shall be reported to the Ministry for submission to the Prime Minister for approval. The remaining parts of the plan concerning the Safety Belt around the ammunition storage system shall be reported to the Ministry for approval.

- To direct and guide the entire military in planning, constructing, managing, and protecting the Safety Belt around ammunition storage facilities in accordance with regulations on defense land management and laws on land.

b) Responsibilities of the General Department of Technology:

- To coordinate with the General Staff to review the planning of the ammunition storage system throughout the military; propose adjustments in arrangement in accordance with defensive combat tasks and regulations on construction, management, and protection of the Safety Belt around ammunition storage facilities as stipulated in Decree No. 148/2006/NĐ-CP.

- To direct and guide the technical sector of the entire military to calculate and determine and plan the construction of the Safety Belt around ammunition storage facilities in accordance with the provisions of Decree No. 148/2006/NĐ-CP.

- To calculate and determine and plan the construction of the Safety Belt around ammunition storage facilities at the level of the Ministry of National Defense and report to the General Staff.

c) Responsibilities of the technical sectors of units: The organization, direction, guidance, calculation, and determination of safety radius and Safety Belt around ammunition storage facilities are classified as follows:

- For ammunition storage facilities at the level of the Ministry of National Defense, the Directorate of Armament shall implement and the Chief of Technical Service shall approve;

- For ammunition storage facilities at the level of Military Region, Corps, Arm, and Branch, the technical sectors of the respective headquarters shall implement and the Commanders of Military Region, Corps, and Arm shall approve;

- For ammunition storage facilities at the level of Division, Naval Zone, and equivalent units directly subordinate to Division and Naval Zone, the technical sectors of Division and Naval Zone shall implement and the Commanders of Division and Naval Zone shall approve;

- For ammunition storage facilities at airbase bases and independent Division-level and equivalent units, the technical sectors of the units shall implement and the Commanders of the directly superior units shall approve;

- For ammunition storage facilities at provincial and centrally governed city levels and districts, the technical sectors of the Provincial Military Commands shall implement and the Commanders of Provincial Military Commands shall approve;

- For raw material storage facilities, product storage facilities, and production lines of explosive materials, ammunition production, and repair facilities of defense factories, the technical sectors of the General Department of Defense Industry shall implement and the Chief of the General Department shall approve.

d) Responsibilities of units under the Ministry of National Defense that have ammunition storage facilities:

- To plan the overall Safety Belt around ammunition storage facilities within their management scope, compile reports to the General Staff, and cooperate with relevant agencies of the Ministry of National Defense to develop plans for the planning of the ammunition storage system and Safety Belt around ammunition storage facilities nationwide.

- Based on Section 2, Part II of this Circular, review the ammunition stockpile at each facility. If the Safety Belt around the facility does not ensure safety for surrounding civilian areas and economic infrastructure, compile proposals for appropriate relocation plans and report to the General Staff for implementation. If the Safety Belt around the facility still complies with regulations but is not within the management scope of defense land, direct subordinate units to closely cooperate with local People's Committees where the units are stationed to review, unify, and manage the current status of the area within the Safety Belt around the facility, preventing encroachment or the emergence of factors violating Decree No. 148/2006/NĐ-CP.

- After the planning proposal for the ammunition storage system and Safety Belt around each facility has been approved by the Prime Minister and the Ministry of National Defense, direct and guide subordinate units to cooperate with relevant agencies of the Ministry of National Defense and local People's Committees at all levels where the units are stationed to establish boundary markers, complete land ownership procedures, prepare cadastral maps, relocate houses and economic infrastructure violating Decree No. 148/2006/NĐ-CP, and establish regulations for joint management and protection of the Safety Belt around ammunition storage facilities within their management scope.

đ) Responsibilities of the Finance Department of the Ministry of National Defense: To take the lead in coordinating with relevant agencies of the Ministry of National Defense and related ministries and sectors to prepare and implement state budget estimates to ensure construction, management, and protection of the Safety Belt around ammunition storage facilities, and submit to the competent authority for decision in accordance with the State Budget Law. To guide the mobilization, management, and use of budget resources to implement planning, construction, management, and protection of the Safety Belt around ammunition storage facilities in accordance with Decree No. 148/2006/NĐ-CP.

2. The responsibilities of the People's Committee of provinces and centrally governed cities shall be carried out in accordance with the provisions of Article 13 of Decree No. 148/2006/NĐ-CP, specifically as follows:

a) To direct the People's Committees of districts, towns, and cities under the province to coordinate with ammunition storage management agencies to determine the Safety Belt around ammunition storage facilities, prepare cadastral maps of the area, and organize the establishment of boundary markers; plan construction, management, and protection of the Safety Belt around ammunition storage facilities in accordance with Decree No. 148/2006/NĐ-CP.

If the Safety Belt around ammunition storage facilities is not within the management scope of defense land, the local People's Committee shall be responsible for cooperating with the main management unit of the ammunition storage facility to review, unify, and manage the current status of the area within the Safety Belt around the facility, preventing encroachment or the emergence of factors violating Decree No. 148/2006/NĐ-CP.

After the project for planning the ammunition storage system and the Safety Zone for each storage facility has been approved by the Prime Minister and the Minister of National Defense, and there is a decision from competent authorities, direct relevant local agencies to organize the relocation and resettlement of households and economic and social facilities currently existing within the Safety Zone that do not comply with Decree No. 148/2006/NĐ-CP for the construction, management, and protection of the Safety Zone according to the provisions of the law.

Take the lead and coordinate with the Ministry of National Defense to carry out procedures for land allocation for constructing storage facilities, organizing land management and use within the Safety Zone according to the provisions of the Land Law.

b) Take the lead and coordinate with the Ministry of National Defense and related ministries and sectors to review, adjust, and supplement the socio-economic development plan of the locality in conjunction with the construction, management, and protection of the Safety Zone. Direct member organizations to strictly enforce regulations on the construction, management, and protection of the Safety Zone.

c) Handle violations of regulations on the construction, management, and protection of the Safety Zone according to their authority.

3. Inspection, supervision, and handling of violations in the Safety Zone shall be carried out in accordance with Article 14 of Decree No. 148/2006/NĐ-CP, specifically as follows:

a) The unit directly managing the ammunition storage facility shall take the lead and coordinate with local authorities and related functional agencies to develop plans and organize inspections of compliance with regulations on the construction, management, and protection of the Safety Zone; take the lead and coordinate with local authorities and related agencies in the area to prevent and take appropriate measures to promptly stop actions that harm or pose a risk of harm to the ammunition storage facility and violate regulations on the construction, management, and protection of the Safety Zone.

b) Annually, the Inspectorate of the Ministry of National Defense shall be responsible for organizing inspections and reporting to the Minister on the implementation of regulations concerning the construction, management, and protection of the Safety Zone.

IV. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. During the implementation process, any difficulties encountered should be reported to the Ministry of National Defense for guidance and resolution./.