Decree No. 45/2023/ND-CP amends and supplements some articles of Decree No. 137/2020/ND-CP detailing and guiding the implementation of the Fireworks Law. It specifies contents regarding certificates of sufficiency of security and public order conditions; seal models; issuance of export and import permits for explosive fireworks, explosive firecrackers, accessories for explosive fireworks, and fireworks, firecrackers. The Decree takes effect from August 15, 2023.
Đối tượng áp dụng
Applies to agencies, organizations, enterprises under the Ministry of National Defense, Ministry of Public Security, Ministry of Culture, Sports and Tourism, People's Committees of provinces and centrally governed cities in managing production, business, export, and import activities of explosive fireworks, explosive firecrackers, and fireworks.
Các điểm cốt lõi
- Specifies provisions regarding certificates of sufficiency of security and public order conditions.
- Amends seal models according to new regulations.
- Completes procedures for issuing export and import permits and transporting explosive fireworks and fireworks.
- Adds models of documents requesting permits and certification of training on safety techniques in production, management, storage, and use of fireworks, explosive fireworks, and firecrackers.
- Provides transitional provisions for files being reviewed and resolved under Decree No. 137/2020/ND-CP.
🌐 Tác động xã hội từ văn bản này
- Enhances state management effectiveness over the production and business activities of explosive fireworks and fireworks.
- Reduces risks of disorder in the process of producing and trading explosive fireworks and fireworks.
- Improves the investment and business environment for organizations and enterprises operating in this field.
❓ Câu hỏi thường gặp
What contents does Decree No. 45/2023/ND-CP replace in Decree No. 137/2020/ND-CP?
Decree No. 45/2023/ND-CP amends and supplements some provisions of Decree No. 137/2020/ND-CP concerning certificates of sufficiency of security and public order conditions; seal models; issuance of export and import permits for explosive fireworks, explosive firecrackers, and accessories for explosive fireworks; export, import, purchase, transportation of fireworks, firecrackers; training on safety techniques in production, management, storage, and use of fireworks, explosive fireworks, and firecrackers.
When does the Decree take effect?
Decree No. 45/2023/ND-CP takes effect from August 15, 2023.
Toàn văn
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 56/2023/NĐ-CP |
Hanoi, July 24, 2023 |
DECREE
Provincial People's Committees set specific pricesAmendingsupplementing some articles of Decree No. 96/2016/NĐ-CPdated July 1, 2016 on conditions related to security and public orderfor certain business sectors and occupations subject to conditions,Decree No. 99/2016/NĐ-CP dated July 1, 2016 on management and use of seals,Decree No. 137/2020/NĐ-CPdated November 27, 2020 on management and use of fireworks,
Pursuant to the Government Organization Law dated June 19, 2015;the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;
Pursuant to the Investment Law dated June 17, 2020;
Pursuant to the Law on Enterprises dated June 17, 2020;
Pursuant to the Law on People's Police dated November 20, 2018;
At the proposal of the Minister of Public Security;
The Government promulgates Decree amending and supplementing some articles of Decree No. 96/2016/NĐ-CP dated July 1, 2016 on conditions related to security and public order for certain business sectors and occupations subject to conditions, Decree No. 99/2016/NĐ-CP dated July 1, 2016 on management and use of seals, Decree No. 137/2020/NĐ-CP dated November 27, 2020 on management and use of fireworks.
Article 1. Amending and supplementing some articles of Decree No. 96/2016/NĐ-CP dated July 1, 2016 on conditions related to security and public order for certain business sectors and occupations subject to conditions (hereinafter referred to as Decree No. 96/2016/NĐ-CP)
1. Amending and supplementing Article 9 as follows:
"Article 9. Conditions related to security and public order for pawnshop services
In addition to the conditions stipulated in Article 7 of this Decree, pawnshop service establishments must meet the following conditions:
During the five consecutive years immediately preceding the date of registration for business, the person responsible for security and public order at the pawnshop service establishment has not been penalized by competent authorities for any of the following violations: obstructing public officials in the performance of their duties, disrupting public order, intentionally causing bodily harm, usurious lending, gambling, organizing gambling or arranging gambling opportunities, theft, fraud, or unlawful possession of property."
2. Amending and supplementing Article 14 as follows:
"Article 14. Certificate of Compliance with Security and Public Order Conditions
The Certificate of Compliance with Security and Public Order Conditions (Model No. 01 attached hereto) is a document issued by the competent police authority to establishments engaged in businesses and occupations specified in Article 3 of this Decree. The Certificate of Compliance with Security and Public Order Conditions may be issued in paper form or electronic form, both having equal legal validity. If requested by the business establishment, both paper and electronic versions will be issued simultaneously once the National Public Service Portal and the information system for administrative procedures of the Ministry of Public Security are fully operational."
3. Amending and supplementing point a, b Clause 3; point a Clause 4 Article 19 as follows:
a) Amending and supplementing point a, b Clause 3 as follows:
"a) A document approving the acceptance of fire prevention and firefighting inspection results from the Fire Prevention and Fighting Police Department for projects and constructions within the scope defined in Appendix V of Decree No. 136/2020/NĐ-CP dated November 24, 2020 detailing certain provisions and implementing measures of the Law on Fire Prevention and Fighting and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Fighting (hereinafter referred to as Decree No. 136/2020/NĐ-CP);
b) An inspection report on fire safety from the competent authority in charge of fire prevention and fighting for business establishments not covered by point a Clause 3 of this Article but within the scope defined in Appendix I of Decree No. 136/2020/NĐ-CP."
b) Amend and supplement Point a of Clause 4 as follows:
"a) For Vietnamese citizens residing in Vietnam who are responsible for security and public order at business establishments named in the Certificate of Compliance with Security and Public Order Conditions, they must have a Personal Background Statement; Judicial Record (except those currently serving in the armed forces);
The Personal Background Statement of individuals mentioned herein, if currently serving in the armed forces, must be confirmed by the directly managing authority (excluding business establishments)."
4. Amending and supplementing point d Clause 1; Clause 2 and adding Clauses 5, 6 after Clause 4 Article 23 as follows:
a) Amend and supplement point d clause 1 as follows:
"d) For branches and affiliated business establishments located outside the main business location and not under the jurisdiction of the police authority specified in Clause 1 Article 24 of this Decree, the application shall be submitted to the police authority with jurisdiction over the location where the branch or affiliated business establishment is situated for issuance of the Certificate of Compliance with Security and Public Order Conditions and direct management."
b) Amend and supplement Clause 2 as follows:
"2. Methods of submitting applications:
Business establishments may choose one of the following methods to submit applications:
a) Submitting directly to the competent police authority;
b) Submitting through the postal service;
c) Submitting through the National Public Service Portal or the Public Service Portal of the Ministry of Public Security (except for documents and papers that are not allowed to be uploaded via the network according to the law)."
c) Adding Clauses 5, 6 after Clause 4 as follows:
"5. Implementation of administrative procedures in an electronic environment in accordance with Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on the implementation of administrative procedures in an electronic environment.
6. Business establishments applying for new issuance or renewal of the Certificate of Compliance with Security and Public Order Conditions as stipulated in Articles 19, 20 and Clause 1 Article 21 of this Decree shall not need to submit the documents specified in Clauses 2, 3, 4 Article 19; Clause 4 Article 20 and points b, c Clause 1 Article 21 when the relevant state management agencies complete the connection and sharing of data on these documents in an electronic environment.
The Minister of Public Security is responsible for announcing the new issuance and renewal procedures for the Certificate of Compliance with Security and Public Order Conditions when the relevant state management agencies complete the connection and sharing of data in an electronic environment."
5. Amending and supplementing point a Clause 1 Article 24 as follows:
"a) Issuing the Certificate of Compliance with Security and Public Order Conditions and managing business establishments, including:"
Handguns for military use; industrial explosives and explosive precursors (excluding transportation of industrial explosives and explosive precursors); blasting services; hotels rated five stars or higher; support tools; paintball guns (excluding paintball service provision); casinos; electronic games with rewards for foreigners; security service businesses with foreign investment and security service businesses with training functions for security personnel; businesses under the Ministry of Public Security.
6. Amend and supplement Clause 2 and Clause 3 of Article 24 as follows:
"2. The Provincial Police Administrative Management Department shall be responsible for:
a) Issuing Certificates of Adequate Security and Order Conditions for business establishments (excluding those specified in point a, Clause 1 of this Article), including: Fireworks sales; transportation of industrial explosives; transportation of explosive precursors; seal production; industries and trades using industrial explosives; production, purchase, and sale of military uniforms, insignia, badges, rank insignias, and serial numbers of the People's Army and the People's Public Security; betting services; printing service enterprises; accommodation service establishments with more than 20 rooms; equipment causing interference to mobile communication signals; beauty surgery services; nightclub services; security services; machines and equipment (including spare parts, accessories, and production equipment): vehicle speed detection devices on motorways; GSM mobile phone monitoring devices and other mobile phone monitoring devices; breath alcohol testing devices.
Business establishments under the Military and income-generating units of central and provincial-level agencies and organizations within their jurisdiction.
Other business establishments not specified in point a, Clause 1 and Clause 3 of this Article; business establishments authorized by the Administrative Management Department of Social Order under the Ministry of Public Security through written authorization.
b) Organizing examinations and issuing Security Service Professional Certificates for security personnel who have been trained and professionally developed by units organized by the provincial public security organs.
3. County-level police departments under provinces and centrally-administered cities shall be responsible for issuing Certificates of Adequate Security and Order Conditions for business establishments (excluding those specified in point a, Clause 1, point a, Clause 2, and Clause 4 of this Article), including: Accommodation service establishments with between 10 and 20 rooms; paintball service provision establishments; karaoke services; massage services; pawnshop services; signal-emitting devices for priority vehicles; gas; non-printing service enterprises; income-generating units engaged in conditional business activities concerning security and order at county-level agencies and organizations.
7. Add Clause 4 following Clause 3 of Article 24 as follows:
"4. Commune-level police departments shall be responsible for issuing Certificates of Adequate Security and Order Conditions for business establishments, including: Accommodation service establishments with fewer than 10 rooms; gas business establishments that are individual traders.
8. Amend and supplement Point b, Clause 1 of Article 32 as follows:
"b) A personal history statement (Form No. 02 attached to this Decree).
9. Replace the phrase "General Administration of Police, Ministry of Public Security" with the phrase "Administrative Management Department of Social Order, Ministry of Public Security" in Clause 4 of Article 37.
10. Replace Forms No. 01, No. 02, No. 03, and No. 04 issued together with Decree No. 96/2016/NĐ-CP with Forms No. 01, No. 02, No. 03, and No. 04 issued together with this Decree.
Article 2. Amending and supplementing some articles of Decree No. 99/2016/NĐ-CP dated July 1, 2016 on management and use of seals (hereinafter referred to as Decree No. 99/2016/NĐ-CP)
1. Amending and supplementing Clause 12 of Article 3 as follows:
"12. The certificate of seal registration model is a document issued by the seal registration authority certifying that a state agency, organization, or state position has registered the seal model before its use, which is issued to the state agency, organization, or state position in paper form or electronic form and has equivalent legal effect; if requested by the state agency, organization, or state position, both paper and electronic versions will be issued simultaneously when the National Public Service Portal and the Ministry of Public Security's administrative procedure resolution information system are completed and put into operation."
2. Amending and supplementing Clause 3 of Article 7 as follows:
"3. The Government, ministries, ministerial-level agencies, government agencies, General Departments, or units equivalent to General Departments."
3. Amending and supplementing Clauses 1, 2, and 3 of Article 11 as follows:
"1. A state agency, organization, or state position shall submit one set of application dossier for seal-related procedures as prescribed in Articles 13, 14, 15, 16, and 17 of this Decree to the seal registration authority specified in Article 12 of this Decree through one of the following methods:
a) Submitting directly at the dossier reception section of the seal registration authority;
b) Submitting through the postal service;
c) Submitting through the National Public Service Portal or the Ministry of Public Security's Public Service Portal (except for documents and papers not permitted to be uploaded via the network according to the provisions of the law).
2. The dossier reception officer shall be responsible for checking the information, documents, and papers in the dossier and shall implement the following regulations:
a) In case the dossier is valid, the dossier reception officer must issue a receipt for the dossier, clearly stating the date of receiving the dossier, the date of delivering the result, and hand it directly to the person sent by the state agency, organization, or state position to submit the dossier;
b) In case the dossier is incomplete, the dossier reception officer shall immediately notify and guide the state agency, organization, or state position to complete the dossier;
c) In case the dossier does not meet the conditions stipulated in Article 5 of this Decree, the seal registration authority must issue a written response to the state agency, organization, or state position within the time limit prescribed in Clause 7 of this Article regarding the refusal to process the dossier.
3. The person sent by the state agency, organization, or state position to submit the dossier as prescribed in Article 13, Article 14, and Clause 1 of Article 16 of this Decree must have an introduction letter or power of attorney."
4. Supplementing Clause 8 after Clause 7 of Article 11 as follows:
"8. The implementation process of administrative procedures in the electronic environment as prescribed in Decree No. 45/2020/NĐ-CP dated April 8, 2020 of the Government on the implementation of administrative procedures in the electronic environment."
5. Amending and supplementing Clause 2, Clause 3 of Article 16 as follows:
"2. For state agencies, organizations, or state positions registering additional raised seals, reduced seals, or embossed seals: The request for additional seal registration from the head of the state agency, organization, or state position, specifying the reasons and the person delegated to submit the dossier.
3. For economic organizations registering additional raised seals, reduced seals, or embossed seals: The request for additional seal registration from the head of the economic organization, specifying the reasons and the person delegated to submit the dossier."
6. Replacing and supplementing some phrases in Decree No. 99/2016/NĐ-CP as follows:
a) Replacing the phrase "Public Order Management Police Department under the Criminal Police General Department, Ministry of Public Security" with the phrase "Public Order Management Police Department, Ministry of Public Security" in Clause 1 of Article 12.
b) Supplementing the phrase "and the person delegated to submit the dossier" after the phrase "specifying the reasons" in Clause 1, Point a of Clause 2, Point a of Clause 3 of Article 15, and Article 17.
7. Amending and supplementing Clause 8 of Article 24 as follows:
"8. State agencies, organizations that are divided, separated, merged, consolidated, dissolved, terminated operations, concluded tasks, had their establishment and operation licenses, registration certificates, operation permits revoked, or were temporarily suspended, suspended operations, or lost seals and found them after the seals' usage value was canceled as stipulated in Points b, c, d, đ of Clause 1 of Article 18 of this Decree must return the seals and the certificate of seal registration model to the issuing authority along with a document specifying the reasons and the person delegated to carry out the task."
8. Replacing Model No. 01 promulgated together with Decree No. 99/2016/NĐ-CP with Model No. 01 promulgated together with this Decree.
Article 3. Amending and supplementing some articles of Decree No. 137/2020/ND-CP dated November 27, 2020 on the management and use of fireworks and pyrotechnic substances (hereinafter referred to as Decree No. 137/2020/ND-CP).
1. Amending and supplementing Clause 4 of Article 10 as follows:
"4. The procedures for issuing export and import permits for fireworks, pyrotechnic substances, and equipment and accessories for fireworks include:
a) A request letter clearly stating the name and address of the organization or enterprise under the Ministry of National Defense; business registration number; certificate number and date of issuance of the certificate of eligibility for security and public order conditions; full name, position, citizen identification card number, identity card number or passport number of the legal representative; type and quantity of fireworks and pyrotechnic substances and equipment and accessories for fireworks; means of transport and license plate number; export and import customs checkpoints according to the model specified in Appendix VI attached to this Decree;
b) The request letter specified in point a of this clause shall be submitted through the National Public Service Portal, the Ministry of Public Security's Public Service Portal, or sent via postal service to the Department of Administrative Police under the Ministry of Public Security. In cases where organizations or enterprises directly submit the request letter at the Department of Administrative Police, the request letter must also include the full name, citizen identification card number, identity card number or passport number of the person making the contact;
c) Within three working days from the date of receipt of the request letter, the Department of Administrative Police under the Ministry of Public Security will issue export and import permits according to the model specified in Appendix I attached to this Decree; if not issued, a written response with detailed reasons must be provided;
d) Export and import permits have a validity period of sixty days."
2. Amending and supplementing Clause 8 of Article 11 as follows:
"8. Other cases shall be decided by the Ministry of Culture, Sports and Tourism after reaching a consensus with the Ministry of Public Security and the Ministry of National Defense through written exchanges."
3. Amending and supplementing Clause 2 and Clause 3 of Article 12 as follows:
"2. In cases where organizations fire fireworks as stipulated in Clauses 7 and 8 of Article 11 of this Decree and other cases involving changes in firing range and duration of fireworks, such decisions shall be made by the Minister of Culture, Sports and Tourism after reaching a consensus with the Ministry of Public Security and the Ministry of National Defense.
3. Provinces and centrally-administered cities that wish to organize fireworks displays as stipulated in Clauses 7 and 8 of Article 11 of this Decree or want to change the firing range and duration must submit a written request to the Ministry of Culture, Sports and Tourism thirty days before the planned date of the fireworks display. The content of the request must clearly state the quantity, firing range, number of firing points, time, duration, and location of the planned fireworks display.
Within five working days from the date of receipt of the request, the Ministry of Public Security and the Ministry of National Defense will provide written responses to the Ministry of Culture, Sports and Tourism for consolidation and decision-making."
4. Amending and supplementing Clause 3 of Article 13 as follows:
"3. The procedures for issuing transportation permits for fireworks and pyrotechnic substances for organizations and enterprises under the Ministry of National Defense permitted to produce and supply fireworks for display as stipulated in Article 11 of this Decree shall be carried out as follows:
a) Request documents, including: A request letter clearly stating the name and address of the organization or enterprise transporting; full name, position, citizen identification card number, identity card number or passport number of the person responsible for transportation; type and quantity of fireworks and pyrotechnic substances and equipment and accessories for fireworks; means of transport and license plate number; transportation time; full name, citizen identification card number, identity card number or passport number of the driver; departure point, destination, and route of transportation according to the model specified in Appendix VIII attached to this Decree. Copies of orders from state agencies or export and import permits from competent authorities. In cases of transportation of fireworks as stipulated in Clauses 7 and 8 of Article 11 of this Decree, the request documents must include a decision from the Minister of Culture, Sports and Tourism;
b) The request documents specified in point a of this clause shall be compiled into one set and directly submitted to the General Staff of the Vietnam People's Army;
c) Within three working days from the date of receipt of all documents, the General Staff of the Vietnam People's Army will issue transportation permits according to the model specified in Appendix IV attached to this Decree. If not issued, a written response with detailed reasons must be provided;
Transportation permits are valid for one trip; within seven days from the completion of transportation, they must be returned to the issuing authority."
5. Amending and supplementing Clause 1 of Article 15 as follows:
"1. A request letter clearly stating the name and address of the organization or enterprise under the Ministry of National Defense; business registration number; certificate number and date of issuance of the certificate of eligibility for security and public order conditions; full name, position, citizen identification card number, identity card number or passport number of the legal representative; type and quantity of fireworks and pyrotechnic substances; means of transport and license plate number; export and import customs checkpoints according to the model specified in Appendix VI attached to this Decree."
6. Supplementing Clause 4 after Clause 3 of Article 15 as follows:
"4. The request letter specified in Clause 1 of this article shall be submitted through the National Public Service Portal, the Ministry of Public Security's Public Service Portal, or sent via postal service to the competent authority issuing export and import permits for fireworks and pyrotechnic substances as stipulated in Clause 2 of this article. In cases where organizations or enterprises directly submit the request letter at the competent authority issuing export and import permits for fireworks and pyrotechnic substances, the request letter must also include the full name, citizen identification card number, identity card number or passport number of the person making the contact."
7. Amending and supplementing Article 16 as follows:
"Article 16. Procedures for issuing purchase permits and transportation permits for fireworks for business purposes
1. The procedures for issuing purchase permits for fireworks for business purposes shall be carried out as follows:
a) The application shall clearly state the name and address of the organization or enterprise under the Ministry of National Defense; business code; certificate number and issuance date for meeting security and public order conditions; full name, position, Citizen Identification Card number, Identity Card number, or Passport number of the legal representative; type and quantity of fireworks; name and address of the production and trading enterprises of fireworks according to the model prescribed in Appendix VII issued together with this Decree;
b) The document specified in point b of this clause shall be submitted on the National Public Service Portal, the Ministry of Public Security Public Service Portal, or sent via postal service to the agency issuing the certificate for meeting security and public order conditions for fireworks trading enterprises. In cases where organizations or enterprises directly submit the application at the agency issuing the certificate for meeting security and public order conditions, the application must include the full name, Citizen Identification Card number, Identity Card number, or Passport number of the person making contact;
c) Within three working days from the date of receipt of the application, the competent authority issuing certificates for meeting security and public order conditions shall issue a fireworks purchase permit according to the model prescribed in Appendix III issued together with this Decree; if not issued, a written response must be provided with clear reasons stated;
d) The fireworks purchase permit has a validity period of thirty days.
2. Procedures for issuing a fireworks transportation permit for trading purposes
a) The application shall clearly state the name and address of the organization or enterprise under the Ministry of National Defense; full name, position, Citizen Identification Card number, Identity Card number, or Passport number of the person responsible for transportation; type and quantity of fireworks; means of transport and license plate number; full name, Citizen Identification Card number, Identity Card number, or Passport number of the driver; transportation time; departure location, destination, and transportation route according to the model prescribed in Appendix VIII issued together with this Decree;
b) The document specified in point a of this clause shall be submitted on the National Public Service Portal, the Ministry of Public Security Public Service Portal, or sent via postal service to the agency issuing certificates for meeting security and public order conditions for organizations and enterprises. In cases where organizations or enterprises directly submit the application at the agency issuing certificates for meeting security and public order conditions, the application must include the full name, Citizen Identification Card number, Identity Card number, or Passport number of the person making contact;
c) Within three working days from the date of receipt of the application, the competent authority issuing certificates for meeting security and public order conditions shall issue a fireworks transportation permit according to the model prescribed in Appendix IV issued together with this Decree; if not issued, a written response must be provided with clear reasons stated;
d) The transportation permit is only valid for one trip; within seven days from the completion of transportation, it must be returned to the issuing agency.";
8. Amend and supplement Article 18 as follows:
"Article 18. Training on safety techniques in the production, management, storage, and use of fireworks, explosive fireworks, and pyrotechnic drugs
1. Persons required to undergo training on safety techniques in the production, management, storage, and use of explosive fireworks and pyrotechnic drugs
a) Managers;
b) Workers directly involved in the production of explosive fireworks and pyrotechnic drugs;
c) Persons assigned to manage explosive fireworks and pyrotechnic drug warehouses;
d) Fireworks display commanders;
đ) Users of explosive fireworks;
e) Guards, loaders at explosive fireworks and pyrotechnic drug warehouses; escorts and drivers of vehicles transporting explosive fireworks and pyrotechnic drugs.
2. Persons required to undergo training on safety techniques in the production and trading of fireworks
a) Managers;
b) Workers directly involved in the production of fireworks and pyrotechnic drugs;
c) Persons assigned to manage fireworks and pyrotechnic drug warehouses;
d) Guards, loaders at fireworks and pyrotechnic drug warehouses and retail stores selling fireworks; fireworks sales staff; escorts and drivers of vehicles transporting fireworks and pyrotechnic drugs.
3. Content of training
a) Legal provisions governing the production, management, storage, and use of explosive fireworks and pyrotechnic drugs; activities related to the production and trading of fireworks;
b) Safety requirements when handling fireworks, explosive fireworks, and pyrotechnic drugs; measures for managing and ensuring safety in the production, management, storage, and use of explosive fireworks and pyrotechnic drugs, as well as in the production and trading of fireworks; destruction of fireworks, explosive fireworks, and pyrotechnic drugs; warning signs and symbols on packaging, containers, and transport vehicles; proper arrangement and storage of fireworks, explosive fireworks, and pyrotechnic drugs; safety requirements for loading, storing, and transporting within warehouses and on transport vehicles;
c) Identifying risks, dangerous factors, and assessing security and safety risks, fire and explosion prevention, and natural disaster risks in the production, management, storage, and use of fireworks, explosive fireworks, and pyrotechnic drugs;
d) Organizing emergency response drills in the production, management, storage, and use of fireworks, explosive fireworks, and pyrotechnic drugs;
đ) Safety requirements for operating production machinery and equipment and safe work methods;
e) Requirements for storage facilities, equipment, and devices to ensure safety, fire prevention, lightning protection, and static electricity control in storage facilities;
g) Composition, properties, classification, and quality of fireworks, explosive fireworks, and pyrotechnic drugs; regulations on testing and inspection and measures to ensure the quality of fireworks, explosive fireworks, and pyrotechnic drugs; requirements for packaging and labeling of fireworks, explosive fireworks, and pyrotechnic drugs;
h) Procedures for exporting, importing, and inventorying fireworks, explosive fireworks, and pyrotechnic drugs;
i) Methods of launching fireworks and safety measures during the launch of explosive fireworks; impact of launching explosive fireworks on structures, the environment, and people; determining safe distances for launching explosive fireworks; developing plans for launching explosive fireworks.
4. Based on the subjects specified in Clause 1 and Clause 2 of this Article, the agencies, organizations, and enterprises authorized to conduct training under Clause 7 of this Article shall develop appropriate training content and programs for each subject.
5. The procedures for requesting training are as follows:
a) The application file shall include: A request document clearly stating the name and address of the agency, organization, or enterprise under the Ministry of National Defense; the Citizen Identity Card number, Identity Card number, or Passport number of the legal representative; the content, number of people, time, and location of training according to the model prescribed in Appendix IX issued together with this Decree. Prepare a list of individuals participating in training, clearly stating their full name, date of birth, position, professional level, Citizen Identity Card number, Identity Card number, or Passport number, and two color photographs measuring 3 cm x 4 cm in portrait style, wearing the prescribed uniform (the photograph must not be more than six months old as of the date of receiving the application file).
b) The application file shall be established in one set and sent to the Department of National Defense Industry, Ministry of National Defense.
c) Within three working days from the date of receipt of the application file, the competent authority shall examine the file and organize training in accordance with the regulations or issue a document agreeing to allow the organization or enterprise to organize training.
6. The organization of training by the agencies, organizations, or enterprises specified in Clause 6 of this Article shall be carried out as follows:
a) Develop a plan, content, and program for training and issue a decision on opening a training class, reporting to the Department of National Defense Industry, Ministry of National Defense;
b) Arrange training staff to ensure the standards for conducting training;
c) Within three working days from the date the Department of National Defense Industry, Ministry of National Defense issues a decision to open a training class for the subjects specified in points a and d of Clause 1 and point a of Clause 2 of this Article, the organization or enterprise proposing the training shall have the responsibility to notify in writing. For the subjects specified in points b, c, e of Clause 1 and points b, c, d of Clause 2 of this Article, within three working days from the end of the training, the organization or enterprise must submit a written request to the Department of National Defense Industry, Ministry of National Defense for inspection and issuance of a training certificate.
7. The Department of National Defense Industry, Ministry of National Defense shall take the lead and coordinate with relevant agencies to organize training, inspect, and issue technical safety training certificates for the subjects specified in points a and d of Clause 1 and point a of Clause 2 of this Article. Organizations and enterprises permitted to research, produce, export, import, supply fireworks and explosive firecrackers, and organizations and enterprises permitted to produce and trade fireworks shall be responsible for organizing training, reporting to the Department of National Defense Industry for inspection and issuance of technical safety training certificates for the subjects specified in points b, c, e of Clause 1 and points b, c, d of Clause 2 of this Article.
8. The technical safety training certificate shall be in the form prescribed in Appendix V issued together with this Decree and shall be valid for four years.
9. Amend and supplement Article 22 as follows:
"Article 22. Responsibilities of the Ministry of Culture, Sports and Tourism
1. Monitor, inspect, and compile information on the organization of fireworks displays by localities, report to the Prime Minister to direct ministries, sectors, and localities in organizing fireworks displays.
2. Take the lead and coordinate with the Ministry of National Defense, Ministry of Public Security, and People's Committees of provinces and centrally governed cities to direct the organization of fireworks displays as stipulated in Clauses 7 and 8 of Article 11 of this Decree."
10. Replace Appendices I, II, III, and IV issued together with Decree No. 137/2020/NĐ-CP with Appendices I, II, III, and IV issued together with this Decree.
11. Supplement Appendices VI, VII, VIII, and IX after Appendix V issued together with Decree No. 137/2020/NĐ-CP, including:
a) Appendix VI - Model request for export and import permits for fireworks, explosive firecrackers, accessories for launching fireworks, fireworks, and firecracker powder;
b) Appendix VII - Model request for purchase permit for fireworks for trading;
c) Appendix VIII - Model request for transportation permit for fireworks, explosive firecrackers, and fireworks;
d) Appendix IX - Model request for training permit on technical safety in production, management, storage, and use of fireworks, explosive fireworks, and firecracker powder.
Article 4. Effectiveness and Transitional Provisions
1. This Decree shall take effect from August 15, 2023.
2. Certificates of eligibility for security and public order and security business certificates that have been issued before this Decree takes effect shall continue to be valid; in cases of renewal or reissue after this Decree takes effect, they shall be processed in accordance with the provisions of this Decree.
3. For new applications, renewals, or reissues of Certificates of Eligibility for Security and Public Order that have been received and are being reviewed and processed under Decree No. 96/2016/NĐ-CP, such applications shall be processed according to Decree No. 96/2016/NĐ-CP, and the Certificates of Eligibility for Security and Public Order issued shall follow the format specified in this Decree.
4. For applications to reregister seals, applications to register additional seals, and applications to renew or reissue Certificates of Registration for Seals that have been received and are being reviewed and processed under Decree No. 99/2016/NĐ-CP, such applications shall be processed according to Decree No. 99/2016/NĐ-CP.
5. For applications for export permits, import permits, transportation permits for fireworks, explosive fireworks, and accessories for firing explosive fireworks; exports, imports, purchases, and transportation of fireworks and explosive fireworks; and training records on safety techniques in production, management, storage, and use of fireworks and explosive fireworks that have been received and are being reviewed and processed under Decree No. 137/2020/NĐ-CP, such applications shall be processed according to Decree No. 137/2020/NĐ-CP, and the permit formats shall follow the specifications set out in this Decree.
Article 5. Responsibilities for Implementation
The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree and announcing administrative procedures within their respective areas of functional management./.
PRIME MINISTER
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau: