Decree No. 54/2012/ND-CP Amending and supplementing some articles of Decree No. 39/2009/ND-CP dated April 23, 2009 of the Government on industrial explosives.

DECREE

Amending and supplementing certain articles of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives Pursuant to the proposal of the Minister of Industry and Trade.

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

Pursuant to Ordinance No. 16/2011/UBTVQH12 dated June 30, 2011 on the management and use of weapons, explosives, and auxiliary equipment;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives,

Article 1. Amending and supplementing certain articles of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives as follows:

1. Supplement Clause 1 of Article 16 as follows:

"1. An organization engaged in trading explosive precursors must be a business enterprise as provided for at Point a Clause 4 Article 25 of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools No. 16/2011/UBTVQH12 dated June 30, 2011.

The production, export, import, storage, transportation, purchase, and sale of explosive precursors must ensure security and public order requirements under regulations governing industrial explosives and safety requirements under laws on dangerous chemicals."

2. Amend Clause 1 of Article 17 as follows:

"1. An organization producing industrial explosives must be a business enterprise as provided for at Point a Clause 3 Article 25 of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools No. 16/2011/UBTVQH12 dated June 30, 2011."

3. Amend Clause 1 of Article 18 as follows:

"1. Import or entrust import, purchase explosive precursors from enterprises with a Business License for Trading Explosive Precursors; ensure raw material reserves and precursor levels according to plans agreed upon with organizations using industrial explosives."

4. Amend Clause 1 of Article 19 as follows:

"1. An organization trading industrial explosives must be a business enterprise as provided for at Point a Clause 4 Article 25 of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Tools No. 16/2011/UBTVQH12 dated June 30, 2011."

5. Amend and supplement Clause 1 of Article 34 as follows:

"1. Organizations requesting issuance of Certificates and Licenses pursuant to Clauses 1, 2, 3, 4, and 5 of Article 33 shall prepare and submit applications to competent state agencies as prescribed in Article 36 of this Decree.

Applications for Certificates and Licenses shall include:

a) A request for issuance of Certificates and Licenses in accordance with the prescribed form;

c) Documents and evidence proving compliance with conditions and requirements stipulated in Chapter II of this Decree corresponding to the type of activity requested for the Certificate or License.

b) Copy of Business Registration Certificate;

The Ministry of Industry and Trade shall provide detailed guidelines on application documents for proof of compliance with conditions and requirements for production, trade, storage, use, and blasting services for organizations specified in Clauses 1 and 2 of Article 36 of this Decree.

The Ministry of National Defense shall provide detailed guidelines on application documents for proof of compliance with conditions and requirements for the use of industrial explosives for organizations under its jurisdiction."

6. Amend Clause 2 of Article 34 as follows:

"2. The Ministry of National Defense shall provide detailed guidelines on application documents for proof of compliance with conditions and requirements for the transportation of industrial explosives for entities within its management scope.

The Ministry of Public Security shall provide detailed guidelines on application documents for proof of compliance with conditions and requirements for the transportation of industrial explosives for other entities."

7. Amend Clause 3 of Article 34 as follows:

"3. Organizations requesting issuance of Certificates and Licenses are not required to submit documents specified in Point c Clause 1 of this Article if the necessary information has already been fully provided and published on the official website of the agency issuing the relevant documents."

8. Amend and supplement Clause 5 of Article 34 as follows:

"5. Within no more than five working days from the date of receipt of complete and valid applications as prescribed in Clause 1 of this Article, the competent state agency shall issue Certificates and Licenses to the requesting organizations; if issuance is denied, it must respond in writing and specify the reasons.

Within no more than three working days from the date of receipt of complete and valid applications as prescribed in Clause 2 of this Article, the competent state agency shall issue Transportation Licenses for industrial explosives to the requesting organizations; if issuance is denied, it must respond in writing and specify the reasons."

9. Amend Clause 2 of Article 35 as follows:

"2. There is no provision regarding the validity period of Trading Licenses for industrial explosives and Production Certificates for industrial explosives and explosive precursors. Annually, the issuing authority shall take the lead and coordinate with related agencies to inspect organizations holding Trading Licenses and Production Certificates for compliance with conditions stipulated in the Licenses and Certificates; violations shall be handled according to current regulations on administrative penalties in the field of industrial explosives management."

10. Amend Point a Clause 3 of Article 35 as follows:

"3. The validity period of Licenses is as follows:

a) Not exceeding five years for Licenses for the use of industrial explosives for mineral extraction."

11. Amend Point d Clause 3 of Article 35 as follows:

"d) As requested in the application but not exceeding six months for Transportation Licenses for industrial explosives."

12. Amend and supplement Clause 4 of Article 35 as follows:

"4. The Ministry of Industry and Trade shall provide detailed guidelines on the format of Certificates and Licenses for production, trade, storage, use, and blasting services.

The Ministry of National Defense shall provide detailed guidelines on the format of Transportation Licenses for industrial explosives and specific procedures and processes for issuing and temporarily suspending such Licenses for entities under its jurisdiction.

The Ministry of Public Security shall provide detailed guidelines on the format of Transportation Licenses for industrial explosives and specific procedures and processes for issuing and temporarily suspending such Licenses for other entities."

The Ministry of Public Security shall specify in detail the model of the Permit for Transporting Industrial Explosives and prescribe specifically the procedures and formalities for issuing and temporarily suspending the issuance of the Permit for Transporting Industrial Explosives for the remaining entities.

13. Amend and supplement Article 36 as follows:

“1. The specialized management agency under the Ministry of Industry and Trade shall issue, adjust, and revoke the Certificate of Eligibility for Explosive Material Production, Business License for Explosive Materials and Explosive Precursors, Export and Import Permit for Explosive Materials and Explosive Precursors, and Service Blasting Permit; issue, adjust, and revoke the Permit to Use Explosive Materials for state-owned enterprises holding controlling shares represented by central ministries, agencies, or State Capital Investment Corporation, oil and gas enterprises, foreign-invested enterprises, training, instruction, and scientific research institutions.

2. Provincial People's Committees shall organize the issuance, adjustment, and revocation of the Permit to Use Explosive Materials for organizations within their jurisdiction other than those specified in Clause 1 of this Article, which have been privatized with the state not holding controlling shares, when the Permit to Use Explosive Materials issued by the Ministry of Industry and Trade has expired.

3. The Ministry of Public Security shall specify the agency responsible for issuing, adjusting, and revoking the Permit to Transport Explosive Materials for entities not under the purview of the Ministry of National Defense.

4. The Ministry of National Defense shall specify the agency responsible for issuing, adjusting, and revoking the Permit to Use Explosive Materials and the Permit to Transport Explosive Materials for entities under its purview.”

14. Amend and supplement Clause 2 of Article 37 as follows:

“2. In cases where an organization engaged in explosive materials and explosive precursors business changes any of the registered business contents, location, scale, or operational conditions stipulated in the Certificate of Eligibility or Business License, the competent authority prescribed in Article 36 of this Decree shall adjust the Certificate of Eligibility or Business License. The application for adjustment shall include a request form and evidence proving the adjustment of any of the registered business contents, location, scale, or operational conditions. The review period and issuance of the Certificate of Eligibility or Business License shall be carried out according to the provisions of Clause 8 of this Article.”

15. Amend and supplement Clause 1 and Clause 3 of Article 42 as follows:

“1. Organize inspections and issue Certificates of Eligibility for Public Order and Safety, and Fire Prevention and Control for organizations engaged in explosive materials and explosive precursors business before the competent authority issues the Business License or Certificate of Eligibility for Engaging in Explosive Materials and Explosive Precursors Business. Organize inspections and issue Permits to Transport Explosive Materials for entities not under the purview of the Ministry of National Defense. Issue Permits to Transport Explosive Precursors in accordance with laws on transporting dangerous goods.

3. Take the lead and coordinate with the Ministry of National Defense to stipulate and guide the suspension of issuance of Permits to Transport Explosive Materials in situations requiring political security and social order and safety during national-level activities or in sensitive areas regarding political security.”

16. Amend and supplement Clause 2 and Clause 3 of Article 43 as follows:

“2. Organize inspections and issue Permits to Use Explosive Materials for defense enterprises and military units engaged in economic activities. Organize inspections and issue Permits to Transport Explosive Materials for entities under the purview of the Ministry of National Defense. Coordinate with the Ministry of Industry and Trade to inspect compliance with legal regulations in explosive materials business operations.

3. Coordinate with the Ministry of Public Security to stipulate the suspension of issuance of Permits to Transport Explosive Materials in situations requiring political security and social order and safety during national-level activities or in sensitive areas regarding political security.”

Article 2. Implementation clause

1. This Decree takes effect from August 10, 2012.

2. Business Licenses for Explosive Precursors granted to organizations in accordance with the law prior to the effective date of this Decree shall continue to be valid until the expiration date specified in the License.

Article 3. Responsibility for Implementation

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.