Circular No. 31/2020/TT-BCT amends and supplements certain provisions of Circular No. 13/2018/TT-BCT dated June 15, 2018 on the management and use of industrial explosives and explosive precursors used to produce industrial explosives.

CIRCULAR

AMENDING AND ADDING CERTAIN PROVISIONS OF CIRCULAR NO. 13/2018/TT-BCT DATED JUNE 15, 2018 ISSUED BY THE MINISTRY OF INDUSTRY AND TRADE ON MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR CHEMICALS USED FOR PRODUCTION OF INDUSTRIAL EXPLOSIVES

BASED ON THE LAW ON WEAPONS, EXPLOSIVES, AND ASSISTANCE TOOLS DATED JUNE 20, 2017;

BASED ON DECREE NO. 71/2018/NĐ-CP DATED MAY 15, 2018 OF THE GOVERNMENT PROVIDING GUIDELINES FOR CERTAIN PROVISIONS OF THE LAW ON WEAPONS, EXPLOSIVES, AND ASSISTANCE TOOLS REGARDING INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR CHEMICALS;

BASED ON DECREE NO. 98/2017/NĐ-CP DATED AUGUST 18, 2017 OF THE GOVERNMENT PROVIDING MISSIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INDUSTRY AND TRADE;

AT THE PROPOSAL OF THE DIRECTOR OF THE CHEMICALS DEPARTMENT,

THE MINISTER OF INDUSTRY AND TRADE ISSUES THIS CIRCULAR AMENDING AND ADDING CERTAIN PROVISIONS OF CIRCULAR NO. 13/2018/TT-BCT DATED JUNE 15, 2018 ON MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR CHEMICALS USED FOR PRODUCTION OF INDUSTRIAL EXPLOSIVES.

ARTICLE 1. AMENDING AND ADDING CERTAIN PROVISIONS AND REPLACING CERTAIN CONTENTS OF CIRCULAR NO. 13/2018/TT-BCT DATED JUNE 15, 2018 ON MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR CHEMICALS USED FOR PRODUCTION OF INDUSTRIAL EXPLOSIVES

1. AMENDING ARTICLE 1 AS FOLLOWS:

“ARTICLE 1. SCOPE OF APPLICATION

THIS CIRCULAR REGULATES THE LIST OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR CHEMICALS; AUTHORITY TO ISSUE LICENSES AND CERTIFICATES FOR MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR CHEMICALS; ESTABLISHMENT, MANAGEMENT, UPDATE, AND UTILIZATION OF THE DATABASE ON INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR CHEMICALS FOR ENTITIES UNDER THE MINISTRY OF INDUSTRY AND TRADE’S ADMINISTRATIVE SUPERVISION; RESPONSIBILITIES OF ORGANIZATIONS AND BUSINESSES ENGAGED IN RESEARCH, PRODUCTION, DISTRIBUTION, TRANSPORTATION, USE, AND DISPOSAL OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR CHEMICALS.”

2. AMENDING AND ADDING ARTICLE 4 AS FOLLOWS:

“ARTICLE 4. LIST OF EXPLOSIVE PRECURSOR CHEMICALS

THE LIST OF EXPLOSIVE PRECURSOR CHEMICALS INCLUDES: EXPLOSIVE PRECURSOR CHEMICALS USED FOR PRODUCTION OF INDUSTRIAL EXPLOSIVES AND DANGEROUS CHEMICALS WITH NAMES, MOLECULAR FORMULAS, CAS NUMBERS, HS CODES, AND PERCENTAGE THRESHOLDS NOT LESS THAN THE THRESHOLD LEVELS SET OUT IN ANNEX III ISSUED TOGETHER WITH CIRCULAR NO. 13/2018/TT-BCT.”

3. AMENDING AND ADDING POINT b OF SUBARTICLE 3 OF ARTICLE 20 AS FOLLOWS:

“RECEIVING REGISTRATION FOR NEW INDUSTRIAL EXPLOSIVES; ESTABLISHING A NATIONAL SCIENTIFIC COUNCIL TO REVIEW TECHNICAL CHARACTERISTICS IN LABORATORIES AND MONITOR FIELD TESTS TO ACKNOWLEDGE REGISTRATION RESULTS, CONSIDERATION, AND RECOMMENDATION FOR ADDITION TO THE LIST OF INDUSTRIAL EXPLOSIVES.”

4. REPLACING ANNEX I ISSUED WITH CIRCULAR NO. 13/2018/TT-BCT WITH ANNEX I ISSUED WITH THIS CIRCULAR.

5. REPLACING THE PHRASE “EXPLOSIVE PRECURSOR CHEMICALS USED FOR PRODUCTION OF INDUSTRIAL EXPLOSIVES” IN ARTICLE 2; SUBARTICLE 2, 4, AND 6 OF ARTICLE 5; ARTICLE 6; CHAPTER II; SUBARTICLE 1 OF ARTICLE 7; SUBARTICLE 2 OF ARTICLE 10; CHAPTER III; SUBARTICLE 1, POINT b OF SUBARTICLE 4 OF ARTICLE 14; SUBARTICLE 2 OF ARTICLE 18; POINT a OF SUBARTICLE 1 AND SUBARTICLE 2 OF ARTICLE 19; POINTS a, b, c, đ, e, g OF SUBARTICLE 1, POINTS a, c, d, đ OF SUBARTICLE 2, AND POINT a OF SUBARTICLE 3 OF ARTICLE 20; SUBARTICLES 1, 3, 4, AND 5 OF ARTICLE 21; ANNEX IV; ANNEX IX; AND ANNEX X ISSUED WITH CIRCULAR NO. 13/2018/TT-BCT WITH THE PHRASE “EXPLOSIVE PRECURSOR CHEMICALS.”

6. REPLACING THE REFERENCE TO “NATIONAL TECHNICAL REGULATION ON SAFETY IN STORAGE, TRANSPORTATION, USE AND DISPOSAL OF INDUSTRIAL EXPLOSIVES QCVN 02:2008/BCT” AND “NATIONAL TECHNICAL REGULATION ON SAFETY IN PRODUCTION, TESTING AND ACCEPTANCE OF INDUSTRIAL EXPLOSIVES QCVN 01:2012/BCT” IN SUBARTICLE 3 OF ARTICLE 3 AND ANNEX IV ISSUED WITH CIRCULAR NO. 13/2018/TT-BCT WITH “NATIONAL TECHNICAL REGULATION ON SAFETY IN PRODUCTION, TESTING, ACCEPTANCE, STORAGE, TRANSPORTATION, USE AND DISPOSAL OF INDUSTRIAL EXPLOSIVES AND STORAGE OF EXPLOSIVE PRECURSOR CHEMICALS QCVN 01:2019/BCT.”

Article 2. Implementation Provisions

          1. This Circular takes effect from January 15, 2021./.

2. During the course of implementation, if referenced legal regulatory documents are amended, supplemented or replaced by new documents, then such references shall be applied in accordance with the new documents./.

3. In case any difficulties arise during implementation, they should be reported to the Ministry of Industry and Trade for study and resolution./.