Circular No. 26/2012/TT-BCT amending and supplementing certain provisions of Circular No. 23/2009/TT-BCT dated August 11, 2009, issued by the Minister of Industry and Trade detailing certain provisions of Decree No. 39/2009/NĐ-CP dated April 23, 2009, of the Government on industrial explosives.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 23/2009/TT-BCT dated August 11, 2009 August 2009

issued by the Minister of Industry and Trade detailing certain provisions of Decree No. 39/2009/NĐ-CP

dated April 23, 2009 of the Government on industrial explosives

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Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade and Decree No. 44/2011/NĐ-CP dated June 14, 2011 of the Government amending and supplementing Clause 3 of Decree No. 189/2007/NĐ-CP;

Pursuant to Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives;

Pursuant to Decree No. 54/2012/NĐ-CP dated June 22, 2012 of the Government amending and supplementing certain articles of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives;

Implementing Resolution No. 59/NQ-CP dated December 17, 2010 of the Government on simplifying administrative procedures within the scope of functions of the Ministry of Industry and Trade;

The Minister of Industry and Trade promulgates this Circular amending and supplementing certain provisions of Circular No. 23/2009/TT-BCT dated August 11, 2009 detailing certain provisions of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives,

Article 1. Amending and supplementing certain provisions stipulated in Circular No. 23/2009/TT-BCT

1. Replacing the phrase "certified copy" and "notarized copy" in Circular No. 23/2009/TT-BCT with the phrase "copy".

2. Amending Clause 5 of Article 3 as follows:

"5. A copy is a certified copy (for cases where the application is submitted via postal service/administrative correspondence); a photograph attached to the original for comparison (for cases where the application is submitted in person); a scanned copy from the original (if the administrative procedure allows submission via electronic network)."

"1. The Director must have a bachelor's degree; the Deputy Director of Technical Affairs and persons managing departments directly related to the production of industrial explosives must have a bachelor's degree in one of the following majors: chemical substances, weapons and ammunition, pyrotechnic technology, explosives; mining and geology; construction of transportation and hydraulic works."

4. Abolishing the requirement to submit the Certificate of Fire Prevention and Fighting Conditions for houses and facilities producing and storing industrial explosives as stipulated at Point a, Clause 1, Article 7.

5. Abolishing the requirement to submit documents regarding the conditions of personnel producing industrial explosives and explosive precursors, including: List of leaders and managers directly involved in the production, storage, and transportation of industrial explosives and explosive precursors; Personal files of the Director and Deputy Directors: personal history forms; graduation certificates; Labor permits for foreign employees working at the enterprise (if applicable) in the technical documents stipulated at Point b, Clause 1, Article 7.

6. Amend and supplement Clause 2 Article 7 as follows:

"2. For organizations requesting adjustment of the Certificate of Conditions for Producing Industrial Explosives and Explosive Precursors, the application dossier shall include the request form and the following documents:

a) Copy of the Certificate confirming compliance with security and public order conditions newly issued based on business registration in cases of changes in business registration or business registration;"

b) Corresponding documents to the changed conditions stipulated in Clause 1 of this Article in cases of changes in location, scale, or production conditions."

7. Abolishing the requirement to submit the Certificate of Fire Prevention and Fighting Conditions for warehouses and specialized transport vehicles for industrial explosives and explosive precursors as stipulated in Clause 1, Article 8.

8. Abolishing the requirement to submit the documents stipulated at Points a, b, c, and e of Clause 2, Article 8.

9. Amending and supplementing Clause 4 of Article 8 as follows:

"4. For organizations requesting adjustment of the Business License for Industrial Explosives and the Business License for Explosive Precursors, the application dossier shall include the request form and the following documents:

a) Copy of the Certificate confirming compliance with security and public order conditions newly issued based on business registration in cases of changes in business registration or business registration;"

b) Corresponding documents to the changed conditions stipulated in Clauses 1 and 2 of this Article in cases of changes in location, scale, or business conditions."

10. Amend and supplement Clause 2 Article 9 as follows:

"2. For organizations requesting reissue or adjustment of the Permit for Using Industrial Explosives, the application dossier shall include the request form and the following documents:

a) Report on the use of industrial explosives during the validity period of the previously issued permit and the documents stipulated in Clause 1 of this Article, if there are changes for organizations requesting reissue of the Permit for Using Industrial Explosives;

b) Copy of the Certificate confirming compliance with security and public order conditions newly issued based on business registration in cases of changes in business registration or business registration; c) Corresponding documents to the changed conditions stipulated in Clause 1 of this Article for organizations requesting adjustment of the Permit for Using Industrial Explosives in cases of changes in location, scale, or usage conditions."

11. Abolishing Points b and c of Clause 2, Article 10.

12. Amending and supplementing Clause 4 of Article 10 as follows:

"4. For organizations requesting reissue or adjustment of the Service License for Blasting, the application dossier shall include the request form and the following documents:

a) Report on blasting services during the validity period of the previously issued license and the documents stipulated in Points b and c of Clause 1, Point d of Clause 2 of this Article if there are changes for organizations requesting reissue of the Service License for Blasting;

b) Copy of the Certificate confirming compliance with security and public order conditions newly issued based on business registration in cases of changes in business registration or business registration for organizations requesting adjustment of the Service License for Blasting;

c) Corresponding documents to the changed conditions stipulated in Point b of Clause 1, Point d of Clause 2 of this Article for organizations requesting adjustment of the Service License for Blasting in cases of changes in location or operational conditions."

13. Amend and supplement Article 12 as follows:

"12. Procedures for issuing Certificates and Licenses for Industrial Explosives

1. Procedure for issuing the Certificate of Conditions for Producing Industrial Explosives and Explosive Precursors

Within five (5) working days from the date of receipt of a complete and valid application, the Department of Industrial Safety and Environmental Protection will examine and issue the Certificate of Conditions for Producing Industrial Explosives and Explosive Precursors according to the model specified in Appendix 1 of this Circular. In case of non-issuance, a written response must be provided to the applicant organization, clearly stating the reasons.

2. Procedure for issuing the Business License for Industrial Explosives and Explosive Precursors

Within five (5) working days from the date of receiving complete and valid application materials, the Industrial Safety and Environmental Technology Department shall examine and issue the Explosive and Chemicals Business License; the Chemicals Department shall examine and issue the Explosive Precursor Business License according to the form prescribed in Appendix 1 of this Circular. In case of non-issuance, a written response must be provided to the requesting organization, clearly stating the reasons.

3. Procedures for issuing Export and Import Licenses for Explosives and Chemicals, Explosive Precursors

Within five (5) working days from the date of receiving complete and valid application materials, the Chemicals Department shall conduct examination and issuance of Export and Import Licenses for Explosives and Chemicals, Explosive Precursors according to the form prescribed in Appendix 1 of this Circular. In case of non-issuance, a written response must be provided to the requesting organization, clearly stating the reasons.

4. Procedures for issuing Usage Licenses for Explosives and Blasting Services

Within five (5) working days from the date of receiving complete and valid application materials, the competent authority specified in Chapter V of this Circular shall conduct examination and issuance of Usage Licenses for Explosives and Blasting Service Licenses according to the forms prescribed in Appendix 1 of this Circular. In case of non-issuance, a written response must be provided to the requesting organization, clearly stating the reasons.

5. In cases where the application for certification or license is submitted directly to the licensing authority, the organization or individual requesting the certification or license shall be responsible for bringing the original for verification.

In cases where the application is submitted via postal service or electronic declaration, when collecting the certification or license, the organization or individual requesting the certification or license shall be responsible for bringing the original for verification."

14. Replace Appendix 1 of Circular No. 23/2009/TT-BCT with the Model for Operating Explosive Materials (Appendix 1 attached).

15. Repeal the Technical Review Officer provision in Appendix 6 of Circular No. 23/2009/TT-BCT - Open Pit Blasting Passport Model.

16. Supplement Appendix 7 of Circular No. 23/2009/TT-BCT with the Underground Mining Shift Blasting Passport Model (Appendix 2 attached).

Article 2. Implementation Provisions

This Circular takes effect from November 5, 2012./.