Circular No. 45/2013/TT-BCT stipulates the List of permitted industrial explosives for production, business, and use in Vietnam.

CIRCULAR

Specifies the List of Permitted Industrial Explosives for Production, Business, and Use in Vietnam

___________________________

Pursuant to Ordinance No. 16/2011/UBTVQH12 dated June 30, 2011 of the Standing Committee of the National Assembly on the management and use of weapons, explosives, and auxiliary tools;

Pursuant to Ordinance No. 07/2013/UBTVQH13 dated July 12, 2013 supplementing and amending certain articles of Ordinance No. 16/2011/UBTVQH12 on the management and use of weapons, explosives, and auxiliary tools;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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;

In accordance with the proposal of the Director of the Science and Technology Department, the Minister of Industry and Trade hereby promulgates the List of Permitted Industrial Explosives for Production, Business, and Use in Vietnam (referred to as the List of Industrial Explosives) as follows:

Article 1. Scope of Regulation

Article 1. This Circular promulgates the List of Permitted Industrial Explosives for Production, Business, and Use in Vietnam (referred to as the List of Industrial Explosives) pursuant to Clause 6, Article 3 of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives (annexed as Appendix I to this Circular); it also stipulates the procedures and formalities for registering new products of industrial explosives to be included in the List of Industrial Explosives.

Article 2. Industrial explosives imported specifically for use in oil exploration and exploitation are not within the scope of regulation of this Circular.

Article 2. Applicability

This Circular applies to organizations and individuals involved in research, production, business, storage, transportation, and use of industrial explosives within the territory of Vietnam.

Article 3. Principles for Establishing the List of Industrial Explosives

Point 1. Products of industrial explosives currently being imported, produced, and used in Vietnam according to Decision No. 03/2006/QĐ-BCN dated March 14, 2006 of the Ministry of Industry on the issuance of the List of Permitted Industrial Explosives for Production and Use in Vietnam and decisions allowing production and importation issued by the Minister of Industry and Trade (previously the Ministry of Industry) shall continue to be included in the List of Industrial Explosives promulgated by this Circular.

Point 2. New products of industrial explosives to be produced, traded, and used in Vietnam and added to the List of Industrial Explosives must complete the registration procedures for new products of industrial explosives as stipulated in Articles 4 and 5 of this Circular.

Point 3. Products of industrial explosives already listed in the List of Industrial Explosives, if they have not been produced or imported for two consecutive years from the date of publication of the List of Industrial Explosives, will be removed from the List of Industrial Explosives. When there is a need to resume production or importation of these products, the organization or individual producing or importing them must register as required for new products of industrial explosives.

Point 4. The review, amendment, and supplementation of the List of Industrial Explosives shall be conducted every two years. During the period between reviews, based on actual needs, the Minister of Industry and Trade may issue a decision allowing pilot production or importation of new products of industrial explosives after completing the registration procedures for new products of industrial explosives as stipulated in Articles 4 and 5 of this Circular.

Article 4. Documents for requesting registration to supplement new industrial explosive products to be included in the List of Industrial Explosives

1. Application form for registering new industrial explosive products of organizations and individuals researching, producing, or importing industrial explosives according to the Model prescribed in Appendix II of this Circular;

2. Written approval from the Ministry of Industry and Trade allowing organizations and individuals to research, produce, or import industrial explosives for testing new industrial explosive products, accompanied by the application of organizations and individuals researching, producing, or importing new industrial explosive products regarding the registration of research and production topics or importing new industrial explosive products to introduce in Vietnam.

3. Vietnamese translation of technical specifications, detailed description of characteristics, functions, and usage instructions of new industrial explosive products (for newly imported products); Table of technical specifications, detailed description of characteristics, functions, and usage instructions of new industrial explosive products (for technology transfer projects of new investment projects); Scientific report on the research topic of new industrial explosive products (for research topics).

4. Technical files and design of the product.

5. Declaration of conformity with regulations.

6. Scientific report on the research topic of new industrial explosive products, Minutes of acceptance of the research project/investment project by the funding management level.

7. Project implementation report (for new industrial explosive products from technology transfer projects).

8. Testing and inspection results of technical specifications at designated testing and inspection organizations.

Article 5. Procedure for requesting registration to supplement new industrial explosive products

1. Organizations and individuals producing or importing industrial explosives submit one (1) set of documents to the Ministry of Industry and Trade (Science and Technology Department). In case of submission through postal service, organizations and individuals must submit certified copies; in case of direct submission, organizations and individuals must submit copies along with original documents for verification.

2. Within no more than three (3) working days from the date of receipt of the registration file, if the file is incomplete or invalid, the Ministry of Industry and Trade will issue a written notice requiring organizations and individuals to supplement or complete it.

3. Within no more than ten (10) working days from the date of receipt of a complete and valid file, the Ministry of Industry and Trade establishes a National Science and Technology Council on Industrial Explosives (Council) including the Ministries of Public Security, Science and Technology, Labor, Invalids and Social Affairs to assess the inclusion of the product in the List of Industrial Explosives.

4. Within no more than twenty (20) working days from the date of the Decision establishing the Council, the Council organizes the assessment of new industrial explosive products according to the following contents:

a) Evaluation of new industrial explosive products through scientific reports, technical characteristic introduction of the product; usage instructions and related materials;

b) On-site inspection, inspection of production process of industrial explosive products (if it is a first-time produced product) and inspection of test result records of technical parameters of industrial explosive products;

c) Direct supervision of testing some important technical indicators or request retesting some technical indicators of new industrial explosive products.

The retesting can be conducted immediately at the production unit or at the designated testing and quality inspection unit.

d) Voting to evaluate the quality of new industrial explosive products according to the model prescribed in Appendix III of this Circular;

e) Preparing the inspection minutes according to the model prescribed in Appendix IV of this Circular as the basis for the Chairman of the Council to decide on industrial blasting tests or suspension of industrial blasting tests;

g) For new industrial explosive products used in hazardous gas and dust environments; high temperature environments must be tested under actual conditions in addition to completed laboratory tests at designated testing facilities.

Article 6. Industrial blasting test of new industrial explosive products

1. The dossier for the industrial blasting test of new industrial explosive products shall include: b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:

a) The industrial blasting plan for new industrial explosives (to be tested at two blasting sites with different geological conditions) approved by the managing authority;

b) Approval of the industrial blasting plan by the management unit of the blasting site;

c) Blasting permit according to the industrial blasting plan at the two approved blasting locations issued by the management unit of the blasting site.

2. Within no more than three (03) working days from the date of receipt of the dossier for the industrial blasting test of new industrial explosive products, if the dossier is incomplete or invalid, the Chairman of the Scientific and Technical Council will issue a written notice requesting organizations and individuals producing or importing to supplement or complete it.

3. Within no more than twelve (12) working days from the date of receipt of the complete dossier for the industrial blasting test of new industrial explosive products, the Scientific and Technical Council supervising the industrial blasting test shall follow the following procedures:

a) Organizations and individuals researching, producing, or importing industrial explosives shall present their blasting plan and procedure to the Scientific and Technical Council;

b) Conduct industrial blasting tests at the approved locations;

c) Each industrial blasting site must prepare a record of the blasting results according to the Model specified in Appendix V of this Circular;

d) Upon completion of the industrial blasting test, a record of the industrial blasting results must be prepared according to the Model specified in Appendix VI of this Circular;

e) After completing the industrial blasting test, the managing unit of the blasting site must report on the effectiveness of using the new industrial explosive product and send it to the Scientific and Technical Council.

5. Within no more than ten (10) working days from the date the industrial blasting test meets the requirements, the Minister of Industry and Trade shall issue a decision allowing the production and importation of the new industrial explosive product for trial purposes according to the Model specified in Appendix VI of this Circular. The new industrial explosive product will be considered for formal inclusion in the List of Industrial Explosives during the next review, adjustment, and supplementation phase.

Article 7. Responsibilities of specialized agencies under the Ministry of Industry and Trade

1. The Department of Science and Technology shall take the lead and coordinate with relevant agencies to be responsible for:

a) Receiving registration dossiers for new industrial explosive products in accordance with Article 4 of this Circular; submitting to the leadership of the Ministry to establish the Scientific and Technical Council to evaluate and approve new industrial explosive products for inclusion in the List of Industrial Explosives;

b) Periodically reviewing and amending the List of Industrial Explosives every two (02) years, coordinating with related units to submit to the Minister of Industry and Trade for publication.

2. The Agency for Safety and Environmental Technology shall take the lead and coordinate with relevant agencies to be responsible for:

a) Compiling reports on the production and use of industrial explosives by production, trading, and using units;

b) Coordinating with the Department of Science and Technology to review the List of Industrial Explosives.

3. The Chemicals Agency shall take the lead and coordinate with relevant agencies to be responsible for:

a) Compiling reports on the export and import of industrial explosives by trading units.

Article 8. Reporting responsibilities of organizations and individuals researching, producing, and importing industrial explosives

3. The Chemicals Agency shall take the lead and coordinate with relevant agencies to be responsible for:

1. Regularly every six (06) months (before July 15) and annually (before January 20 of the following year), or at any time upon request of the competent authority, organizations and individuals researching, producing, or importing industrial explosives must report on the production, trading, and use of industrial explosives of their own units according to the Model specified in Appendix VII of this Circular to the Ministry of Industry and Trade.

2. Research, production, and trading units of industrial explosives under the Ministry of National Defense shall report according to the provisions of Clause 1 of this Article to the agency assigned by the Ministry of National Defense to manage industrial explosives to compile and report to the Ministry of Industry and Trade according to the Model specified in Appendix VIII of this Circular.

1. This Circular takes effect from March 6, 2014, and replaces Decision No. 03/2006/QD-BCN dated March 14, 2006, of the Minister of Industry regarding the issuance of the List of Industrial Explosives.

Article 9. Effective Date

2. During implementation, if there are difficulties, agencies, organizations, and individuals are requested to reflect them to the Ministry of Industry and Trade for consideration and resolution./.

2. During the implementation process, if there are any difficulties, it is recommended that agencies, organizations, and individuals reflect them to the Ministry of Industry and Trade for consideration and resolution./.