Circular No. 61/2014/TT-BCT guides the implementation and provides specific provisions for certain Articles of Decree No. 76/2014/NĐ-CP dated July 29, 2014 of the Government detailing certain provisions of the Ordinance amending and supplementing some provisions of the Ordinance on Management and Use of Weapons, Explosives Materials, and Supporting Tools.

CIRCULAR

Guidelines for implementation and specific provisions of certain Articles of Decree No. 76/2014/NĐ-CP

dated July 29, 2014 of the Government detailing certain provisions of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Equipment

Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Equipment No. 16/2011/UBTVQH12 dated June 30, 2011; Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Equipment No. 07/2013/UBTVQH13 dated July 12, 2013;

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Pursuant to the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Equipment No. 16/2011/UBTVQH12 dated June 30, 2011; Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Equipment No. 07/2013/UBTVQH13 dated July 12, 2013;

Pursuant to Decree No. 76/2014/NĐ-CP dated July 29, 2014 of the Government detailing certain provisions of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Equipment;

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;

At the proposal of the Director of the Chemicals Administration,

The Minister of Industry and Trade issues this Circular providing detailed regulations and guidance for implementing certain provisions of Decree No. 76/2014/NĐ-CP dated July 29, 2014 of the Government detailing certain provisions of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Explosives, and Auxiliary Equipment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of business conditions for explosive precursors; specifies the necessary documents and materials to meet business conditions for explosive precursors; provides sample forms and licenses; and sets forth reporting and inspection regimes for organizations engaged in the business of explosive precursors.

Article 2. Applicability

This Circular applies to organizations participating in the business of explosive precursors; and organizations related to the business of explosive precursors in Vietnam.

Chapter II

GUIDELINES FOR IMPLEMENTING BUSINESS CONDITIONS AND ISSUING BUSINESS LICENSES FOR EXPLOSIVE PRECURSORS

Section 1

GUIDELINES FOR IMPLEMENTING BUSINESS CONDITIONS FOR EXPLOSIVE PRECURSORS

Article 3. On Material and Technical Facilities

1. An organization conducting high-nitrate ammonium business (98.5% or more) must have a Certificate of Compliance with Security and Public Order Conditions as stipulated in Circular No. 33/2010/TT-BCA dated October 5, 2010 of the Minister of Public Security regarding security and public order for certain conditional business sectors.

2. The storage warehouse location, port, or place of receipt and handling of explosive precursors must comply with fire prevention and firefighting conditions as stipulated in Circular No. 11/2014/TT-BCA dated March 12, 2014 of the Minister of Public Security detailing certain provisions of Decree No. 35/2003/NĐ-CP dated April 4, 2003 and Decree No. 46/2012/NĐ-CP dated May 22, 2012 of the Government detailing certain provisions of the Law on Fire Prevention and Fighting.

3. Containers and equipment for storing explosive precursors must ensure no leakage or water seepage, and must be cleaned and dried before storing explosive precursors.

Article 4. On Chemical Safety

1. There must be a Vietnamese-language Safety Data Sheet for explosive precursors provided by the business entity and kept at the location where explosive precursors are stored.

2. There must be internal rules on chemical safety and appropriate warning systems corresponding to the level of danger of chemicals in areas where explosive precursors are stored and preserved. In cases where explosive precursors have multiple dangerous characteristics, warning symbols must fully reflect all such dangerous characteristics.

3. Explosive precursors must not be stored outdoors; they must not be stored together with flammable materials, reducing agents, or substances and materials that generate heat upon absorbing moisture.

4. Where explosive precursors fall under the category requiring the establishment of a Prevention and Response Plan for Chemical Accidents as stipulated in Decree No. 26/2011/NĐ-CP dated April 8, 2011 of the Government amending and supplementing certain provisions of Decree No. 108/2008/NĐ-CP dated October 7, 2008 of the Government detailing and guiding the implementation of certain provisions of the Chemicals Law, the Prevention and Response Plan for Chemical Accidents must be approved or confirmed by the competent authority as stipulated in Circular No. 20/2013/TT-BCT dated August 5, 2013 of the Minister of Industry and Trade on Prevention and Response Plans for Chemical Accidents in the industrial sector.

Article 5. Requirements for Personnel

Individuals directly managing and operating, as well as workers and personnel related to the business of explosive precursors must be trained in chemical safety techniques in accordance with Circular No. 36/2014/TT-BCT dated October 22, 2014, issued by the Minister of Industry and Trade on training in chemical safety techniques and issuing Certificates of Chemical Safety Training.

Section 2

ISSUANCE OF LICENSE FOR EXPLOSIVE PRECURSORS BUSINESS

Article 6. Issuance of License for Explosive Precursors Business

1. Documents for Application for License for Explosive Precursors Business

a) Application for License for Explosive Precursors Business;

b) Copy of Enterprise Registration Certificate or Investment Certificate or Business Registration Certificate, which includes the relevant chemical or industrial explosives business sector, issued by the competent state authority;

d) Copies of documents proving ownership or lease agreements or official documents from the competent authority regarding the storage warehouse, port, reception, and loading/unloading sites for explosive precursors;

đ) List of storage warehouses, ports, and workshops at each facility containing explosive precursors;

e) Chemical Safety Data Sheet in Vietnamese for all explosive precursors provided by the business entity;

g) Emergency Response Plan for chemical accidents or Measures for Preventing and Responding to Chemical Accidents approved or confirmed by the competent authority for explosive precursors listed in the category requiring such plans or measures;

h) List of individuals directly managing and operating, as well as workers and personnel involved in the business of explosive precursors;

i) List of transportation means for explosive precursors (if any) and copy of the Circulation Permit;

2. The procedure for issuing the License for Explosive Precursors Business shall be carried out in accordance with Clause 2, Article 13 of Decree No. 76/2014/NĐ-CP dated July 29, 2014, of the Government detailing certain provisions of the Ordinance amending and supplementing certain provisions of the Ordinance on the Management and Use of Weapons, Explosives, and Auxiliary Equipment (hereinafter referred to as Decree No. 76/2014/NĐ-CP);

3. For enterprises that have been granted a Certificate of Eligibility for Industrial Explosives Production or a Certificate of Eligibility for Explosive Precursors Production or a License for Industrial Explosives Business, the application documents for a License for Explosive Precursors Business only need to include the application form accompanied by a copy of the Certificate of Eligibility for Industrial Explosives Production or the Certificate of Eligibility for Explosive Precursors Production or the License for Industrial Explosives Business. In cases where the enterprise belongs to the Ministry of National Defense, it must also include a request letter from the Ministry of National Defense or an agency authorized by the Ministry of National Defense to manage the organization;

4. For the License for Explosive Precursors Business after its expiration period, if the business entity of explosive precursors wishes to continue the business, the application documents will include:

a) Application for License for Explosive Precursors Business after the expiration period;

b) Report on the results of conducting the explosive precursors business, the quantity of explosive precursors exported and imported since obtaining the License for Explosive Precursors Business, and the current inventory quantity.

Article 7. Reissuing and Amending Business Licenses for Explosive Precursors

The reissuing and amending of Business Licenses for Explosive Precursors shall be carried out in accordance with the provisions of Clause 5, Article 13 of Decree No. 76/2014/NĐ-CP.

Article 8. Forms

Forms: Application form for issuing, reissuing, and amending Business Licenses for Explosive Precursors; application form for issuing Export and Import Licenses for Explosive Precursors; Business License for Explosive Precursors; Export and Import License for Explosive Precursors; report forms are specified in the Appendix attached to this Circular.

Chapter III

REPORTING AND INSPECTION REGIME FOR EXPLOSIVE PRECURSOR BUSINESS ACTIVITIES

Article 9. Reporting System

1. Reports from Organizations

a) Before June 15 and December 15 each year, organizations engaged in business, export, and import of explosive precursors shall submit reports on their business activities involving explosive precursors to the Ministry of Industry and Trade (Chemical Department) while simultaneously submitting them to the Department of Industry and Trade where such business activities take place for coordination and monitoring;

b) For enterprises under the Ministry of National Defense, in addition to submitting reports to the authorities specified in Point a of this Clause, they must also report to the management agencies under the Ministry of National Defense.

2. Reports from State Management Agencies

a) When requested by authorized authorities to provide reports, the Department of Industry and Trade shall be responsible for reporting on the business activities involving explosive precursors of organizations within its jurisdiction;

b) Before June 30 and December 31 each year, the Ministry of Industry and Trade shall act as the lead agency to compile and report to the Government on the situation of business activities involving explosive precursors, and shall also submit ad hoc reports on business activities when required by the Government.

Article 10. Inspection Regime for Explosive Precursor Business Activities

1. The Ministry of Industry and Trade (Chemical Department) shall take the lead and coordinate with relevant agencies to conduct annual inspections of the business, export, and import activities involving explosive precursors in accordance with this Circular and related legal documents.

2. During the course of supervision or through individual or organizational complaints or media reports, if violations of the provisions of Decree No. 76/2014/NĐ-CP and this Circular are discovered, the Ministry of Industry and Trade (Chemical Department) shall take the lead and coordinate with relevant agencies to conduct ad hoc inspections.

3. Content of inspection

a) Legal status of organizations engaged in business activities involving explosive precursors;

b) Compliance with regulations on business, export, and import of explosive precursors as stipulated in this Circular and related legal documents;

c) Record-keeping and documentation systems;

d) Reporting systems;

đ) Management of Business Licenses and Export and Import Licenses for explosive precursors.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Responsibility for Implementation

1. Chemical Department

a) Take the lead and coordinate with relevant state management agencies to be responsible for directing, guiding, inspecting, urging, and organizing the implementation of this Circular;

b) Receive and coordinate with relevant agencies to review applications for Business Licenses and Export and Import Licenses for explosive precursors;

c) Regularly summarize and report on business activities involving explosive precursors as prescribed, and propose solutions for the Minister's direction.

2. Departments of Industry and Trade

a) Be responsible for coordinating the management of business activities involving explosive precursors for organizations within their jurisdiction; inspect, check, and handle violations of laws regarding the management of business activities involving explosive precursors within their jurisdiction according to legal provisions;

b) Lead the inspection and issuance of certificates of technical safety chemical training for explosive precursors for the subjects specified in Article 5 of this Circular;

c) Receive reports from organizations engaged in business, export, and import of explosive precursors within their jurisdiction as prescribed in this Circular.

Article 12. Transitional Provisions

1. Organizations currently engaged in business activities involving explosive precursors must meet and supplement all conditions as prescribed in Article 11 of Decree No. 76/2014/NĐ-CP and this Circular.

2. Organizations starting business activities involving explosive precursors must comply with the regulations on business activities involving explosive precursors from the date this Circular takes effect.

Article 13. Effective Date

1. This Circular shall take effect from February 24, 2015.

2. This Circular replaces the provisions on business, export, and import of explosive precursors in Circular No. 23/2009/TT-BCT dated August 11, 2009, issued by the Minister of Industry and Trade detailing certain provisions of Decree No. 39/2009/NĐ-CP dated April 23, 2009, of the Government on industrial explosives; and Circular No. 26/2012/TT-BCT dated September 21, 2012, issued by the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 23/2009/TT-BCT.

3. When legal normative documents, Vietnamese Standards, National Technical Regulations, and referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the new provisions.

4. In the course of implementation, if there are difficulties or issues arising, organizations and individuals shall promptly reflect them to the Ministry of Industry and Trade for appropriate amendments and supplements./.