Decree No. 39/2009/NĐ-CP on industrial explosives

DECREE

Regarding industrial explosives

__________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Trade dated June 14, 2005;

The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates activities related to industrial explosives, safety in such activities, rights and obligations of organizations and individuals participating in industrial explosive activities, and state management over such activities.

This Decree does not apply to industrial explosive activities for security, defense purposes, and in emergency situations as prescribed by law.

Article 2. Applicability

This Decree applies to organizations and individuals participating in industrial explosive activities in Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. "Explosive" is a chemical or mixture of chemicals produced and used to create an explosion reaction under the influence of mechanical, thermal, chemical, or electrical stimuli.

2. "Detonating accessories" includes detonators, fuse wires, slow-burning cords, igniters, and items containing explosives that serve to initiate the explosion of explosive charges or specialized equipment containing explosives.

3. "Explosive Precursors" refers to direct raw materials for producing explosives, including ammonium nitrate (NH4NO3)₄NO₃, nitromethane (CH3NO2)₃NO₂, sodium nitrate (NaNO3)₃, potassium nitrate (KNO3)₃, sodium chlorate (NaClO3)₃, potassium chlorate (KClO3)₃, and potassium perchlorate (KClO4).₄).

4. "Industrial Explosives" refers to explosives and detonating accessories used for civilian purposes.

5. "New industrial explosives" refers to types of industrial explosives first produced or imported into Vietnam and not yet included in the List of Industrial Explosives of Vietnam. Industrial explosives already listed but with any changes in their composition are also considered new industrial explosives.

6. "List of Industrial Explosives of Vietnam" is a list of types of industrial explosives permitted for circulation and use in Vietnam. The content of the list includes information on classification, packaging specifications, quality standards, and the origin of industrial explosives.

7. "Industrial explosives production" refers to the process of manufacturing explosives and detonating accessories, including the production of explosives at the point of use, recycling processes, packaging, and labeling of industrial explosive products, but excluding the division and packaging aimed at creating specific quantities of explosives for blasting needs.

8. "Storage of industrial explosives" refers to the activity of storing industrial explosives in warehouses during transportation to the place of use or at the place of use.

9. "Transportation of industrial explosives" refers to the activity of transporting industrial explosives from one location to another.

Internal transportation is the transportation of industrial explosives within the boundaries of mines, construction sites, or facilities for the production and storage of industrial explosives on roads that do not intersect with public waterways or roads.

10. "Use of industrial explosives" refers to the process of detonating industrial explosives according to established technological procedures.

11. "Destruction of industrial explosives" refers to the process of eliminating or rendering incapable of causing an explosion reaction of industrial explosives according to established technological procedures.

12. "Trading in industrial explosives" refers to the implementation of one, several, or all activities of purchasing, selling, exporting, importing, temporarily importing, re-exporting, and transit transport of industrial explosives.

13. "Research and development of industrial explosive technology" refers to the entire process of creating new industrial explosive products or only one step in the process to determine components, improve technological processes, production lines, and equipment, and assess the applicability of the product.

14. "Blasting services" refers to the use of industrial explosives to perform blasting contracts between organizations authorized to provide blasting services and organizations or individuals requiring such services.

15. "Testing of industrial explosives" refers to technical operations conducted in laboratories or designated locations to determine the technical characteristics and risk levels under actual usage conditions of industrial explosives.

16. "Activities related to industrial explosives" refers to the implementation of research, testing, production, purchase, sale, export, import, storage, transportation, use, destruction, and impact monitoring of blasting activities.

17. "Safe distance" is the minimum necessary distance, measured in all directions from the blasting site or from the factory, warehouse, or means of transport containing industrial explosives to protected objects (people, houses, structures, or other warehouses, public roads, means of transport containing industrial explosives...), ensuring that these objects are not affected beyond permissible levels of vibration, air shock waves, and flying debris as prescribed by current standards and regulations when blasting occurs or in case of accidents involving fires or explosions of means of transport or warehouses containing industrial explosives.

18. "Blasting supervisor" refers to a person who meets the required qualifications and experience, responsible for guiding, directing, and supervising all activities related to the use of industrial explosives in the blasting area.

19. "Impact monitoring of blasting" refers to the use of tools and equipment to measure, analyze, and evaluate the level of vibration and the impact of air shock waves caused by blasting.

Article 4. Principles for Managing Industrial Explosive Activities

1. The State has a monopoly on the production and trading of industrial explosives. The quantity, scope, and scale of enterprises engaged in the production and trading of industrial explosives shall be decided by the Prime Minister based on the suitability to the planning for the development of industrial explosives and the specific economic and social conditions of each period, preventing the abuse of the monopoly position, and ensuring national interests and legitimate rights of businesses.

2. Building and developing a modern and complete industrial explosive industry from raw material production to finished products, meeting the needs of the national economy and export. Closely combining economics with defense, maximizing the capacity of the defense industry and chemical industries in the development of the industrial explosive industry.

3. Organizations and individuals participating in industrial explosive activities may only operate after being permitted by competent authorities, must strictly comply with legal regulations, technical safety standards, fire prevention and firefighting standards, and other relevant regulations ensuring social security, public order, human safety, property, and natural environment.

Article 5. Prohibited Acts in Industrial Explosive Activities

1. Researching, testing, producing, trading, storing, transporting, and using industrial explosives without a permit or certification of compliance with the conditions stipulated in this Decree.

2. Circulating and using industrial explosives that are unsafe and not included in the List of Vietnamese Industrial Explosives as prescribed in this Decree.

3. Transferring, leasing, lending, mortgaging, giving away, hiding, or illegally possessing industrial explosives.

4. Using industrial explosives to hunt, illegally exploit flora and fauna, harm human health, destroy the ecological environment, and cause harm to national security, public safety, and social order.

5. Employing minors under the age of majority, persons without valid character certificates, persons with limited civil capacity, persons without civil capacity, persons currently under criminal prosecution, or persons convicted but not yet rehabilitated to participate in industrial explosive activities.

6. Misusing positions and powers to illegally obstruct, harass, or extort organizations and individuals engaged in production and trading activities, or covering up violations of laws related to industrial explosives.

7. Failing to provide or providing false information about industrial explosives. Failing to report promptly, concealing, or distorting information regarding theft, loss, accidents, or incidents involving industrial explosives.

8. Other prohibited acts as prescribed by law.

Chapter II

INDUSTRIAL EXPLOSIVES ACTIVITIES

Section 1. GENERAL REQUIREMENTS FOR INDUSTRIAL EXPLOSIVE ACTIVITIES

Article 6. Technical Safety Management System

Organizations and individuals engaged in industrial explosive activities must establish a technical safety management system directly led, directed, and assigned to persons with appropriate qualifications and experience to be responsible for implementing technical safety work at each high-risk location prone to accidents and fires.

Article 7. Requirements for Security, Public Order, Fire Prevention, and Firefighting Work

Organizations and individuals engaged in industrial explosive materials must have security and public order protection plans and fire prevention and firefighting plans and measures for production facilities, warehouse systems, loading and unloading sites, and transportation means of active industrial explosive materials, regularly organizing drills as prescribed. Industrial explosive material storage warehouses must develop emergency response plans.

Article 8. Documents and Records of Industrial Explosive Materials Activities

Organizations and individuals engaged in industrial explosive materials activities must preserve and store books and certificates for each type of industrial explosive materials produced, purchased, exported, imported, used, transported, stored, destroyed for a period of ten years from the date of production, purchase, export, import, use, transport, storage, and destruction.

Article 9. Requirements for Training Work

Organizations and individuals engaged in industrial explosive materials activities must conduct training on safety techniques, fire prevention and firefighting, and emergency response in industrial explosive materials activities and request competent authorities to inspect and issue Certificates as prescribed in Section 8 of this Decree.

Article 10. Registration of Loading and Unloading Sites for Industrial Explosive Materials

Organizations and individuals engaged in industrial explosive materials activities must register and obtain permission from the People's Committees of provinces and centrally governed cities for loading and unloading sites of industrial explosive materials.

Article 11. Requirements for the Destruction of Industrial Explosive Materials

Expired, deteriorated, and non-reusable industrial explosive materials must be destroyed according to current technical standards and regulations on industrial explosive materials. The destruction of industrial explosive materials must be carried out by organizations with permits for the production and use of industrial explosive materials.

Chapter 2. EVALUATION AND CLASSIFICATION OF INDUSTRIAL EXPLOSIVE MATERIALS

Article 12. Requirements for Industrial Explosive Material Products

Types of industrial explosive materials before entering circulation and use must be tested, evaluated, and classified to ensure compliance with safety, quality, packaging, and labeling requirements as stipulated by current standards and regulations on industrial explosive material products.

Article 13. Classification of Industrial Explosive Materials

1. Industrial explosive materials are classified based on their level of danger and stability under external environmental impacts during storage, transportation, and use. Classification must be based on tests and evaluations as prescribed in Article 14 of this Decree.

2. Standards and regulations serving as the basis for classifying and evaluating industrial explosive materials must comply with the Global Harmonized System of Classification and Labelling of Chemicals (GHS) and be suitable for Vietnam's actual conditions.

3. Standards for classifying and evaluating industrial explosive materials are mandatory standards.

Article 14. Testing and Evaluation of Industrial Explosive Materials

1. Testing and evaluation of industrial explosive materials shall be conducted in the following cases:

a) Newly produced industrial explosive materials in Vietnam;

b) Newly imported industrial explosive materials into Vietnam without recognized test and evaluation results as prescribed by law.

c) To serve state inspections as prescribed by law regarding product quality.

2. Production and import organizations are responsible for conducting testing, evaluation, and classification of new industrial explosive materials before submitting them to competent authorities for review and inclusion in the List of Permitted Industrial Explosive Materials for Circulation and Use in Vietnam.

3. Testing and evaluation of industrial explosive materials shall be carried out by designated conformity assessment organizations. Recognition of test and evaluation results of foreign testing organizations shall be regulated by the Ministry of Industry and Trade.

4. The content of testing and evaluation of new industrial explosive materials shall be conducted according to current standards and regulations. New industrial explosive materials used in environments hazardous to gases and dust explosions; high-temperature environments must be tested under actual conditions in addition to completed laboratory tests.

5. The content of testing and evaluation of industrial explosive materials for state inspections shall be carried out according to the requirements of the competent authority responsible for state inspections of industrial explosive material quality.

6. The Ministry of Industry and Trade shall specify details about the List of Industrial Explosive Materials, technical standards and regulations, testing, evaluation, classification, and procedures and formalities for recognizing and reviewing new industrial explosive materials for inclusion in the List of Permitted Industrial Explosive Materials for Circulation and Use in Vietnam.

Section 3. RESEARCH AND PRODUCTION OF INDUSTRIAL EXPLOSIVES MATERIALS

Article 15. Research and Development of Industrial Explosives Technology

1. The research and development of industrial explosives technology shall be carried out by scientific and technological organizations or industrial explosives production enterprises that have the necessary conditions in terms of expertise and infrastructure.

2. Organizations conducting research and development of industrial explosives technology must establish a research project to propose for review and approval by the competent authority in accordance with regulations.

3. Organizations conducting research and development of industrial explosives technology may only implement projects in accordance with the approved scale and content.

4. The implementation of industrial-scale production or transfer of industrial explosives production technology can only be carried out at production facilities that meet the required conditions as stipulated.

Article 16. Management of Explosive Precursors

1. The production, export, import, storage, transportation, and sale of explosive precursors must ensure security requirements according to the management regulations for industrial explosives materials and safety requirements according to laws on dangerous chemicals.

2. Organizations engaged in the production, export, import, and sale of explosive precursors may only carry out these activities after obtaining a permit from the competent authority.

3. Permission for the production, export, import, and sale of explosive precursors for teaching, research, and testing purposes with quantities less than five (5) kilograms per year is exempted.

4. Mixtures containing more than forty-five percent (45%) of explosive precursors must be managed in accordance with the security and safety requirements set forth in Clause 1 of this Article.

Article 17. Conditions for Producing Industrial Explosives Materials

1. Organizations producing industrial explosives materials must be state-owned enterprises with 100% state capital, assigned tasks by the Prime Minister based on proposals from the Ministry of Industry and Trade and the Ministry of National Defense.

2. The location of production facilities, workshops, and warehouses storing industrial explosives materials must meet security and public order conditions, ensuring safe distances from protected structures and objects in accordance with current standards and relevant regulations.

3. Product types and production scales must align with national planning for the development of industrial explosives materials. Products must have been researched, tested, and meet current quality and technical safety standards.

4. Workshops, warehouses, technology, equipment, tools, and means serving production must be designed and constructed in accordance with the scale and characteristics of raw materials and products of industrial explosives materials, satisfying requirements for fire prevention, explosion prevention, lightning protection, static electricity control, worker safety, and environmental protection according to technical safety standards for industrial explosives materials and related regulations.

5. There must be sufficient measuring instruments and equipment meeting standards to monitor technological parameters and serve quality control of raw materials and finished products during production; there must also be a separate, safe area for testing industrial explosives materials in compliance with current standards and regulations.

6. Managers, workers, and personnel involved in the production of industrial explosives materials must meet security and public order requirements; they must have corresponding professional qualifications for their positions and responsibilities, and be trained in technical safety, firefighting, and emergency response in activities related to the production of industrial explosives materials.

Article 18. Rights and Obligations of Organizations Producing Industrial Explosives

In addition to other rights and obligations prescribed by law, organizations producing industrial explosives shall have the following rights and obligations:

1. To import or entrust others with importing explosive precursors from enterprises trading in industrial explosives or production and business enterprises holding a permit for producing and importing explosive precursors; ensuring the level of raw material reserves and precursor materials according to the plan committed to trading organizations using industrial explosives.

2. Only to produce and sell products in accordance with the designed type and capacity to enterprises trading in industrial explosives. To implement the purchase of explosive precursors and sale of industrial explosives through written contracts.

3. To comply with standard declarations for industrial explosive products and apply quality management systems to ensure product quality according to declared standards; to implement packaging and labeling of industrial explosive products in accordance with current regulations on goods labeling and technical standards and norms for packaging and labeling of industrial explosive products.

Section 4. TRADING IN INDUSTRIAL EXPLOSIVES

Article 19. Conditions for Trading in Industrial Explosives

1. Organizations trading in industrial explosives must be state-owned enterprises with 100% state capital, assigned tasks by the Prime Minister upon the proposal of the Ministry of Industry and Trade and the Ministry of National Defense.

2. Storage warehouse locations, port terminals, and reception/dispensing sites for industrial explosives must meet conditions for security and public order, ensuring safe distances from protected facilities and objects according to current standards and norms and related regulations.

3. The distribution system and quality assurance for customers must have appropriate technical infrastructure in line with the mission and scale of business operations; meeting market consumption needs and providing blasting services.

4. Storage warehouses, loading/unloading equipment, transportation means, and tools/equipment serving business activities must be designed and constructed in accordance with the scale and characteristics of business operations, satisfying requirements stipulated in Section 6 of this Decree; in cases where there are no storage warehouses or transportation means, written contracts for leasing from organizations permitted to store and transport industrial explosives must be established.

5. Management leaders, workers, and personnel related to trading in industrial explosives must meet requirements for security and public order; having professional qualifications commensurate with their positions and responsibilities, and being trained in safety techniques, fire prevention and extinguishing, and emergency response in activities related to trading in industrial explosives.

Article 20. Rights and Obligations of Organizations Trading in Industrial Explosives

In addition to other rights and obligations prescribed by law, organizations trading in industrial explosives shall have the following rights and obligations:

1. To develop plans for the quantity and types of explosive precursors and industrial explosives needed for reserve and supply, export, and import annually according to commitments made with industrial explosive manufacturing enterprises and organizations holding permits to use industrial explosives; implementing national reserves as prescribed.

2. To carry out the task of trading in explosive precursors and industrial explosives in accordance with the provisions of the Business License, Export/Import Permit for explosive precursors and industrial explosives. Trading in explosive precursors and industrial explosives through written contracts.

3. Only to sell types of industrial explosives listed in the Vietnam Industrial Explosives Catalogue to organizations holding a permit to use industrial explosives. Must repurchase surplus unused industrial explosives from legitimate users who wish to sell them.

4. To comply with standard declarations for imported explosive precursors and industrial explosives and apply quality management systems to ensure product quality, packaging, and labeling according to declared standards when putting them into circulation and use.

Section 5. USE OF INDUSTRIAL EXPLOSIVES

Article 21. Conditions for Using Industrial Explosives

1. Be an organization established in accordance with the law, having registered business or activities in sectors or fields that require the use of industrial explosives.

2. Engage in mineral extraction, oil and gas operations, or construction projects, research, and testing facilities that require the use of industrial explosives. The location where industrial explosives are used must meet safety conditions regarding public order and ensure safe distances from protected structures and objects according to current technical standards and relevant regulations.

3. Have storage facilities, technology, equipment, means of transportation, and tools serving the work of using industrial explosives that satisfy the requirements set forth in current technical standards and regulations stipulated in Section 6 of this Decree; in cases where there is no storage facility or means of transportation, a written contract for leasing services from organizations permitted to store and transport industrial explosives must be entered into.

4. Leaders managing, directing blasting, blasters, and other personnel related to the use of industrial explosives must meet security and public order requirements; possess professional qualifications commensurate with their positions and responsibilities, and have been trained in safety techniques, fire prevention and extinguishing, and emergency response procedures in activities involving the use of industrial explosives.

Article 22. Rights and Obligations of Organizations Using Industrial Explosives

In addition to other rights and obligations prescribed by law, organizations using industrial explosives shall have the following rights and obligations:

1. Only purchase industrial explosives listed in the Vietnamese Catalogue of Industrial Explosives from legitimate explosive trading enterprises. Excess or unused industrial explosives must be resold to legitimate explosive trading organizations.

2. Appoint blasting directors and fully comply with current technical standards on safety when conducting blasting operations.

3. Develop blasting designs and plans appropriate to production scale, natural and social conditions at the blasting site; specify in the blasting design and plan specific safety measures, guard duty against unauthorized entry in the blasting area; warning procedures, initiation procedures, storage procedures, and monitoring procedures for the consumption and destruction of industrial explosives at the blasting site, and other contents according to current technical standards.

4. Blasting designs or plans must be approved by the authority issuing the Permit for the Use of Industrial Explosives and obtain permission from the People's Committee of the province or management agency when blasting occurs in residential areas, medical facilities, historical and cultural sites, nature reserves, national security and defense facilities, or other important national facilities, and other protected areas as prescribed by law. Implement supervision of the impacts of blasting on protected structures and objects within the blast range.

Section 6. STORAGE AND TRANSPORTATION OF INDUSTRIAL EXPLOSIVES

Article 23. Storage of Industrial Explosives

1. Only organizations with permits for production, business, and use of industrial explosives and blasting services may invest in constructing warehouses for storing industrial explosives. The investment, construction, expansion, and renovation of warehouses for storing industrial explosives must comply with legal regulations on investment and construction projects, current technical standards, and related legal provisions.

2. Industrial explosives must be stored in warehouses or locations that meet security requirements, ensuring safe distances from protected structures and objects; they must also meet current standards and technical regulations regarding structural materials and construction, as well as requirements for fire prevention, explosion prevention, lightning protection, static electricity control, worker safety, and environmental protection.

3. Leaders managing the warehouse, warehouse keepers, guards, and other personnel involved in the storage of industrial explosives must satisfy security and order requirements; they must have professional qualifications corresponding to their positions and responsibilities, and be trained in safety techniques, firefighting, and emergency response in activities related to the storage of industrial explosives.

4. During operations, in addition to rights and obligations prescribed by law, organizations and individuals managing warehouses for industrial explosives must implement the following provisions:

a) Equip devices and means for guarding, fire prevention, explosion prevention, communication, loading and unloading, and distribution of industrial explosives according to current standards and technical regulations and relevant legal provisions. The warehouse for storing industrial explosives shall not be used for other purposes during the validity period specified in the operating permit for industrial explosives.

b) Develop fire extinguishing plans, security and order protection plans, measures for handling emergencies, and coordination with local authorities in cases of fires, unauthorized intrusions, and other urgent situations. Register lists of managers, warehouse keepers, and service personnel with local police agencies.

c) Based on current standards and technical regulations, establish procedures for guarding, inspection, and control of people entering and exiting the warehouse, as well as procedures for handling and destroying substandard industrial explosives. The export, import, and distribution of industrial explosives must follow approved procedures and target groups by unit leaders.

Article 24. Transportation of Industrial Explosives

1. Conditions for Operating Transportation of Industrial Explosives

a) An economic organization established in accordance with the law, registered for transportation activities, or an organization holding a Permit for Production, Business, and Use of Industrial Explosives;

b) Transport vehicles meeting operational conditions, participating in traffic in compliance with traffic laws, and satisfying current standards and technical regulations for transporting industrial explosives, fire prevention, firefighting, and related provisions;

c) Leaders managing transportation, vehicle drivers, escorts, and other personnel involved in the transportation of industrial explosives must meet security and order requirements; they must have professional qualifications corresponding to their positions and responsibilities, and be trained in safety techniques, fire prevention, firefighting, and emergency response in activities related to the transportation of industrial explosives;

d) Except for internal transportation, the transportation of industrial explosives on public roads must be reviewed and granted a transportation permit by the competent authority. The procedures for issuing the Transportation Permit are stipulated in Chapter III of this Decree.

2. During operations, in addition to rights and obligations prescribed by law, organizations and individuals transporting industrial explosives have the following rights and obligations:

a) Carry out transportation of industrial explosives in accordance with the provisions of the transportation permit. Before departure or after each stop, check the condition of goods and transport vehicles, and immediately repair any damage found.

b) Only proceed with transportation when the transport vehicle has all required warning signs and markings, and the packaging and labeling of transported hazardous goods comply with legal regulations for transporting dangerous goods and related regulations and standards for transporting industrial explosives.

c) Develop preventive measures for emergency responses, security and order protection plans, and firefighting measures, as well as measures for handling, contacting, and coordinating with local authorities in cases of emergencies during the transportation of industrial explosives.

d) Must have sufficient escorts equipped with support tools when transporting industrial explosives. Escorts and vehicle drivers are responsible for protecting the goods throughout the transportation process.

đ) Except for urgent situations as provided in point e of this clause, it is prohibited to transport industrial explosives through urban centers and densely populated areas during peak hours; transport vehicles shall not be parked in densely populated areas near fuel stations; loading, unloading, transferring goods, or changing parking points or routes specified in the transportation permit is forbidden.

e) In cases where transport vehicles encounter accidents, fires, explosions, or traffic obstructions, escorts and vehicle drivers must immediately establish a safe perimeter, set up warnings to prevent gatherings and unauthorized entries, eliminate potential sources of ignition in the affected area, avoid danger to traffic participants, and promptly notify local authorities in the affected area for assistance in handling the situation.

Section 7. BLASTING SERVICES

Article 25. Forms and requirements for blasting service activities

1. Blasting services include:

a) Local blasting services with operational scope limited to the land territory of a province or centrally governed city;

b) Blasting services on the continental shelf;

c) Blasting services with operational scope throughout the entire territory of Vietnam and the region.

2. The number, scope, and scale of blasting service organizations must be commensurate with the tasks, needs of construction activities, concentrated mineral resource activities, and the special socio-economic conditions of the locality.

3. In cases where necessary to ensure security and social order, the state management agency for industrial explosives may designate or compel the implementation of blasting services in areas and locations with special characteristics regarding security and social order.

Article 26. Conditions, rights, and obligations of organizations engaged in blasting service activities

1. An economic organization established in accordance with the provisions of the law, registered to operate the supply of blasting services. Organizations providing services as stipulated in point c, Clause 1, Article 25 must be a state-owned enterprise.

2. Must meet the conditions prescribed by this Decree regarding the use, storage, and transportation of industrial explosives. Minimum facilities, technology, and personnel sufficient to provide services for five (5) hiring organizations.

3. In addition to the rights and obligations prescribed by law, organizations engaged in supplying services have all the rights and obligations as prescribed by this Decree when using, storing, and transporting industrial explosives to perform blasting services.

Article 27. Rights and obligations of organizations hiring blasting services

In addition to the rights and obligations prescribed by law, organizations hiring blasting services have the following rights and obligations:

1. Not required to obtain a permit for industrial explosive activities already hired for service.

2. Shall not hire multiple service organizations to provide the same type of service at one location.

3. To follow the direction of the service provider in specific activities related to the storage, transportation, and use of industrial explosives.

4. To cooperate and create conditions to support the service provider in issues related to security and safety in industrial explosive activities.

Section 8. TRAINING ON SAFETY TECHNICAL SKILLS IN INDUSTRIAL EXPLOSIVE ACTIVITIES

Article 28. Training subjects

1. Leaders of organizations, managers of departments directly related to industrial explosive activities.

2. Blasting commanders, miners.

3. Warehouse keepers, vehicle operators, escorts transporting industrial explosives.

4. Personnel directly serving activities related to industrial explosives, including guarding, patrolling, loading/unloading, or other activities at blasting sites not involving assembly, inspection, or triggering of blasting networks.

Article 29. Content of training on safety technical skills in industrial explosive activities

1. Subjects specified in Clause 1 of this Article shall be trained in legal knowledge on the management of industrial explosives, legal knowledge related to fire prevention, firefighting, and security maintenance in industrial explosive activities; business management practices; methods for developing and implementing emergency response plans, methods for organizing inspections and supervision of blasting activities.

2. Subjects specified in Clauses 2, 3, and 4 of this Article shall be trained in contents as prescribed by current technical standards and regulations on safety technical skills in industrial explosive activities.

3. The Ministry of Industry and Trade shall detail the training programs and contents for the subjects specified in Clause 1 of this Article and promulgate technical safety standards containing training programs and contents for the subjects specified in Clauses 2, 3, and 4 of Article 28 of this Decree.

Article 30. Issuing Technical Safety Certificates for Industrial Explosives

1. The licensing authority for industrial explosives shall inspect and issue Technical Safety Certificates for industrial explosives to entities within its licensing jurisdiction.

2. The Certificate is valid for a period of two years and is effective nationwide. In cases where there are changes in operating conditions, the industrial explosives management agency at the location of the industrial explosives activities shall be responsible for providing additional training on matters related to the changed operating conditions; inspecting and issuing the Certificate.

Section 9. REPORTING ON INDUSTRIAL EXPLOSIVES ACTIVITIES

Article 31. Reporting in Abnormal Cases

Organizations, individuals, and persons involved in industrial explosives activities shall have the responsibility to report to the competent authorities in the following situations:

1. Within twenty-four hours, report to the local public security agency where the industrial explosives activities take place when unauthorized intrusion occurs in the area storing industrial explosives or when theft or loss without clear reasons or suspected loss of industrial explosives occurs.

2. Within twenty-four hours, report to the People's Committee of the district and the Department of Industry and Trade of the province or centrally-administered city where the industrial explosives activities take place regarding the cessation of industrial explosives activities or accidents and incidents occurring during such activities. A written report must be submitted within forty-eight hours from the time of cessation of the activities or occurrence of accidents and incidents.

Article 32. Periodic Reporting on Industrial Explosives Activities

1. Organizations conducting industrial explosives activities shall have the responsibility to report to the Department of Industry and Trade and the provincial public security agency before June 25 for the six-month report and before December 25 for the annual report on the quantity and types of industrial explosives stored, transported, and used, as well as related issues.

2. Every six months, nine months, and annually, organizations engaged in the business of industrial explosives shall have the responsibility to compile statistical reports on the business operations, supply, export, import, and inventory of industrial explosives and submit them to the Ministry of Industry and Trade.

3. Every six months and annually, the Department of Industry and Trade shall have the responsibility to report to the Ministry of Industry and Trade on the management, business operations, and usage of industrial explosives in their respective provinces before June 30 for the six-month report and before December 31 for the annual report. The Ministry of Industry and Trade shall aggregate these reports and submit them to the Government regarding the national situation of management and usage of industrial explosives as prescribed.

4. The Ministry of Industry and Trade shall specify the format of the reports on industrial explosives.

Chapter III.

ISSUING LICENSES FOR INDUSTRIAL EXPLOSIVES ACTIVITIES

Article 33. Types of Certificates and Licenses for Industrial Explosives Activities

1. Certificate of Qualification for Production of Industrial Explosives and Explosive Precursors.

2. Business License for Industrial Explosives and Explosive Precursors.

3. Export and Import License for Industrial Explosives and Explosive Precursors.

4. Usage License for Industrial Explosives.

5. Blasting Service License.

6. Permit for transporting industrial explosives.

Article 34. Application Documents, Procedures, and Formalities for Issuing Certificates and Licenses

1. Organizations applying for Certificates and Licenses shall prepare application documents and submit them to the competent state agencies as stipulated in Article 36 of this Decree.

2. The application documents for Certificates and Licenses shall include:

a) An application form for Certificates and Licenses according to the prescribed model.

b) Copy of Business Registration Certificate;

c) Documentation proving compliance with the conditions and requirements set forth in Chapter II of this Decree, corresponding to the type of activity for which the Certificate or License is being applied for.

The Ministry of Industry and Trade shall detail the application documents for proof of compliance with the conditions and requirements for production, business operations, storage, usage, and blasting services for the entities specified in Clauses 1 and 2 of Article 36 of this Decree.

The Ministry of Public Security shall detail the application documents for proof of compliance with the conditions and requirements for transportation of industrial explosives.

The Ministry of National Defense shall detail the application documents for proof of compliance with the conditions and requirements for usage of industrial explosives by enterprises under the Ministry of National Defense.

3. Organizations applying for Certificates and Licenses are not required to submit the documents specified in Point c Clause 2 of this Article if the necessary information has already been fully provided and published on the official website of the agency issuing those documents.

4. The agency receiving the application documents shall be responsible for checking and issuing a receipt to the applicant. The receipt must clearly state the status of the application documents and any supplementary or corrective actions required.

5. Within no more than seven working days from the date of receipt of complete and valid application documents as stipulated in Clause 2 of this Article, the competent state agency shall be responsible for issuing the Certificate or License to the organization applying for it; if issuance is denied, a written response must be given stating the reasons.

6. Organizations applying for Certificates and Licenses must pay fees and charges as prescribed by law. The Ministry of Finance shall stipulate the rates, collection procedures, management, and utilization of fees and charges for Certificates and Licenses.

Article 35. Content and Validity Period of the Certificate and Permit

1. The Certificate and Permit shall include the following main contents:

a) Name and address of the headquarters of the organization operating industrial explosives;

b) Location and scope of operation of industrial explosives;

c) Type of activity, quantity, and types of industrial explosives, explosive precursors;

d) Technical conditions according to security and safety requirements stipulated in this Decree and current standards and technical regulations;

đ) Obligations of the entity granted the Certificate and Permit.

2. There is no provision on the validity period of the Certificate meeting the conditions. Annually, the agency issuing the Certificate meeting the conditions shall take the lead and coordinate with relevant agencies to inspect organizations granted the Certificate meeting the conditions on their compliance with the conditions specified in the Certificate meeting the conditions.

3. The validity period of the Permit is prescribed as follows:

a) Not exceeding five (5) years for the Permit for trading industrial explosives, Permit for using industrial explosives for mineral exploitation;

b) According to the project duration but not exceeding two (2) years for the Permit for using industrial explosives for construction projects, research trials, oil and gas activities, and blasting service Permit;

c) According to the duration requested in the application but not exceeding three (3) months for the Permit for exporting and importing industrial explosives, explosive precursors;

d) According to the duration requested in the application but not exceeding six (6) months for the Permit for transporting industrial explosives. In cases where it is necessary to ensure political security and social order in national-level activities or in sensitive areas regarding political security, the Ministry of Public Security shall specify and guide the specific suspension period for granting transportation permits for industrial explosives; the suspension period shall not exceed two (2) days during the activity period.

4. The Ministry of Industry and Trade shall specify the model of the Certificate and Permit for production, trading, storage, use, and blasting services. The Ministry of Public Security shall specify the model of the Permit for transporting industrial explosives and provide detailed guidelines on the dossier, procedures, and formalities for issuing the Permit for transporting industrial explosives.

Article 36. Issuing Authority of the Certificate and Permit

1. The specialized management agency under the Ministry of Industry and Trade shall issue, adjust, and revoke the Certificate for meeting the conditions for production, Permit for trading industrial explosives, Permit for exporting and importing industrial explosives, explosive precursors, and blasting service Permit; issue, adjust, and revoke the Permit for using industrial explosives for state-owned enterprises holding controlling shares by central ministries and sectors or State Capital Investment Corporation, oil and gas enterprises, foreign-invested enterprises, training, education, and scientific research institutions.

2. People's Committees of provinces and centrally-administered cities shall implement the issuance, adjustment, and revocation of the Permit for using industrial explosives for other organizations within their jurisdictional management and issue the Permit for using industrial explosives for enterprises specified in Clause 1 of this Article that have been privatized when the Permit for using industrial explosives issued by the Ministry of Industry and Trade has expired.

3. The Ministry of Public Security shall specify the authority issuing, adjusting, and revoking the Permit for transporting industrial explosives.

4. The Ministry of National Defense shall specify the authority issuing, adjusting, and revoking the Permit for using industrial explosives for enterprises under the Ministry of National Defense.

Article 37. Reissuing, Amending, Revoking the Certificate and Permit

1. One month before the Permit expires, the organization that wishes to continue operating industrial explosives must submit an application to the competent authority specified in Article 36 of this Decree.

In cases where the operation of industrial explosives does not change in location, scale, or operational conditions, the competent authority specified in Article 36 of this Decree shall reissue the Permit; the validity period of the Permit shall not exceed the initial issuance period, and the licensing review fee shall be half of the new licensing review fee for the Permit.

2. Where there is a change in business registration, location, scale, or operational conditions of the organization operating industrial explosives, the competent authority specified in Article 36 of this Decree shall issue an amended Certificate or Permit. The procedures and requirements for issuing an amended Certificate or Permit shall be carried out according to the procedures for applying for a new Certificate or Permit.

3. Organizations whose Certificates or Permits are damaged or lost must submit an application for reissuance to the competent authority specified in Article 36 of this Decree. After three (3) announcements within one (1) week on the official website of the licensing authority, if there is no evidence found of the lost Certificate or Permit, the authority shall reissue the Certificate or Permit without changing its content or validity period; the reissued Certificate or Permit must include a provision nullifying the effect of the lost Certificate or Permit.

4. Organizations shall have their Certificates or Permits revoked in the following cases:

a) Giả mạo hồ sơ đề nghị cấp phép;

b) No longer meeting or failing to comply with the conditions stipulated in the Certificate or Permit;

c) Violating the provisions of the Certificate or Permit without rectification within the prescribed time limit by the competent authority;

d) Lending, renting out the Certificate or Permit; arbitrarily modifying the content of the Certificate or Permit;

đ) Seriously violating the provisions of this Decree and current technical safety standards and regulations in the operation of industrial explosives;

e) Ceasing operations involving industrial explosives;

g) The Certificate or Permit was issued beyond the authority's jurisdiction.

The licensing authority shall carry out the revocation of the issued Certificate or Permit. The organization whose Certificate or Permit has been revoked shall be responsible for submitting the Certificate or Permit and all existing copies thereof to the licensing authority within seven (7) days from the date of the revocation decision.

Article 38. Announcing and Providing Information about the Certificate and Permit

1. The licensing authority is responsible for announcing on its official website (Website) necessary information regarding the content of the issued Certificate or Permit, except for information related to national security and defense secrets as prescribed by law. The announced information shall have the same legal value as the original information stored in the licensing authority's files.

2. Relevant management agencies shall not require organizations that have obtained a Certificate or Permit to report, notify, or provide information that has already been published as stipulated in Clause 1 of this Article.

Article 39. Management and Registration of Certificate and Permit

1. The Certificate and Permit shall not be transferable.

2. The Certificate and Permit must be kept at the main office as registered by the organization to which they were issued.

3. Not later than three (3) days before commencing activities involving the use of industrial explosives, the organization to which the Permit was issued must register with the Department of Industry and Trade of the provinces and centrally governed cities where such activities will take place:

a) The registration dossier includes a copy of the Permit for use, a list of blasting supervisors and directly related persons, blasting design or plan, time, and date of implementation;

b) Within three (3) days from receiving the dossier, the Department of Industry and Trade of the provinces and centrally governed cities shall have the responsibility to confirm the registration for the requesting organization. In case of non-confirmation, a notification letter specifying the reasons must be issued;

c) The requesting organization or individual must pay the prescribed fee according to the regulations of the Ministry of Finance;

d) The Ministry of Industry and Trade shall specify the format of the Registration Confirmation Certificate.

Chapter IV

STATE MANAGEMENT OF INDUSTRIAL EXPLOSIVES

Article 40. Responsibilities for State Management of Industrial Explosive Activities

1. The Government shall uniformly manage state affairs concerning industrial explosive activities throughout the country.

2. The Ministry of Industry and Trade shall be responsible before the Government for implementing state management over industrial explosive activities.

Article 41. Responsibilities of the Ministry of Industry and Trade for State Management of Industrial Explosives

Within its assigned tasks and authorities, the Ministry of Industry and Trade shall implement the following state management contents regarding industrial explosive activities:

1. Issuing by authority or leading the coordination with the Ministry of National Defense, the Ministry of Public Security, and relevant ministries and sectors to submit to the Government for issuance of legal normative documents, strategies, planning, and development plans for the industrial explosive industry and explosive precursors.

2. Establishing, amending, and publishing the List of Vietnamese Industrial Explosives. Specifying procedures for issuing, adjusting, and revoking permits for industrial explosive activities and explosive precursors.

3. Directing the implementation of legal provisions in industrial explosive activities and explosive precursors; specifying detailed conditions for persons directly involved in industrial explosive activities, technical safety training; setting standards and technical regulations on industrial explosive safety, quality standards, packaging, labeling, and procedures for declaring conformity of industrial explosive storage records and emergency response.

4. Leading and coordinating with the Ministry of Public Security, the Ministry of National Defense, and relevant ministries and sectors to organize inspections of legal provisions implementation in industrial explosive activities, inspecting emergency prevention and response plans in industrial explosive activities; coordinating with relevant agencies in preventing, responding to, and mitigating emergencies.

5. Summarizing and statistically analyzing the situation of industrial explosive activities nationwide.

6. Implementing international cooperation in industrial explosive activities;

7. Conducting inspections of industrial explosive activities; resolving complaints and reports related to industrial explosive activities;

Article 42. Responsibilities of the Ministry of Public Security

1. Organizing security and fire safety condition checks, issuing certificates confirming compliance with security and fire safety conditions for organizations engaged in industrial explosive activities before the competent authority issues the Permit and Certificate of Compliance for industrial explosive activities. Checking and issuing Permits for transporting industrial explosives and explosive precursors.

2. Coordinating with the Ministry of Industry and Trade to inspect compliance with security and fire safety regulations by organizations and individuals participating in industrial explosive activities.

3. Leading and coordinating with the Ministry of Industry and Trade and the Ministry of National Defense to establish regulations ensuring security and fire safety during the transportation of industrial explosives.

Article 43. Responsibilities of the Ministry of National Defense

1. Coordinate with the Ministry of Industry and Trade to build strategies, planning, plans, projects for the development of the industrial explosives industry to submit to the Government for approval.

2. Organize inspection, issue Permits for the use of industrial explosives for defense enterprises, military units engaged in economic activities. Coordinate with the Ministry of Industry and Trade to inspect the implementation of legal provisions in the operation of industrial explosives.

3. Coordinate with the Ministry of Industry and Trade, Ministry of Public Security to stipulate regulations on the transport of industrial explosives ensuring security, fire prevention and firefighting safety.

Article 44. Management responsibilities of Ministries and agencies at the level of Ministries directly related to the operation of industrial explosives

Ministries, agencies at the level of Ministries, and agencies under the Government within their respective duties and authorities shall responsibly coordinate with the Ministry of Industry and Trade to implement state management over the operation of industrial explosives.

Article 45. State management responsibilities regarding the operation of industrial explosives of People's Committees at all levels

1. People's Committees at all levels within their respective duties and authorities shall manage, inspect, supervise, resolve complaints and denunciations, and impose administrative penalties for violations in the operation of industrial explosives in their localities according to the classification of the Government, this Decree, and other relevant legal provisions.

Issue Regulations on the management of industrial explosives, explosive precursors on the local territory in accordance with legal provisions and local conditions. Organize the implementation in the locality of emergency response to incidents involving industrial explosives during transportation and in storage areas.

2. The Department of Industry and Trade is the specialized agency assisting the Committee in managing the operation of industrial explosives in the locality.

Article 46. Inspection of the operation of industrial explosives

1. The Ministry of Industry and Trade, related Ministries and agencies at the level of Ministries, and People's Committees at all levels shall perform inspection tasks concerning the operation of industrial explosives within their assigned management scope.

2. The organization, tasks, and powers of inspection of industrial explosives shall be carried out in accordance with the legal provisions on inspection.

Article 47. Handling Violations

1. Organizations and individuals who violate the provisions of this Decree and other relevant legal provisions on the operation of industrial explosives, depending on the degree of violation, will be subject to disciplinary action, administrative penalties in accordance with the provisions of Government Decree No. 64/2005/NĐ-CP dated May 16, 2005 on administrative penalties for violations in the management of industrial explosives, or criminal liability may be pursued, and if damage occurs, compensation must be provided in accordance with the law.

2. Individuals who abuse their positions and powers, create difficulties and harassment for organizations and individuals operating industrial explosives; cover up for violators of the law on the operation of industrial explosives or fail to fulfill their responsibilities resulting in serious consequences, depending on the nature and degree of violation, will be subject to disciplinary action or criminal liability may be pursued; if damage occurs, compensation must be provided in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 48. Effective Date

This Decree takes effect from June 22, 2009.

This Decree replaces Government Decree No. 27/CP dated April 20, 1995 on the management, production, supply, and use of industrial explosives; replaces Article 9 of Government Decree No. 47/CP dated August 12, 1996 on the management of weapons, explosives, and auxiliary tools; replaces Chapter IV of the Regulations on the management of weapons, explosives, and auxiliary tools issued together with Government Decree No. 47/CP dated August 12, 1996. Abolishes Clause 3 of the List of Goods and Services Restricted for Business (Appendix II) issued together with Government Decree No. 59/2006/NĐ-CP dated June 12, 2006 detailing the implementation of the Law on Trade regarding prohibited goods and services, restricted business, and conditional business; abolishes provisions contrary to this Decree.

Article 49. Transitional Provisions

1. Certificates and permits issued to organizations and individuals engaged in industrial explosives in accordance with the provisions of the law before the effective date of this Decree shall continue to be valid for the duration specified in the Certificate or Permit.

2. Organizations and individuals currently engaged in industrial explosives must develop emergency response plans in accordance with the provisions of this Decree within six months from the date this Decree takes effect.

Article 50. Implementation organization

The Ministry of Industry and Trade shall be responsible for coordinating with relevant ministries and sectors to guide the implementation of this Decree.

The ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and chairpersons of provincial people's committees under central cities are responsible for implementing this Decree./.