This Decree details and guides the implementation of the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment in the field of industrial explosives and explosive precursors in Vietnam. It includes contents such as scope of regulation, management organization, production and business activities, transportation, storage, quality management, public security and order, fire prevention and fighting, training and certification issuance, international cooperation, responsibility for enforcement, and effectiveness.
适用范围
This Decree applies to organizations and individuals participating in industrial explosives and explosive precursor activities in Vietnam.
要点
- Provisions regarding the scope of regulation.
- Specifies the management responsibilities of the Ministry of Industry and Trade, the Ministry of Public Security, the Ministry of National Defense, and local authorities.
- Details the registration procedures for new industrial explosives.
- Specifies detailed regulations on production and business activities, transportation, storage, quality management, public security and order, fire prevention and fighting.
- Training and issuing certificates for workers in this field.
- Regulations on international cooperation in the field of industrial explosives and explosive precursors.
🌐 本文件的社会影响
- To strictly manage production, business, transportation, and storage activities of industrial explosives and explosive precursors.
- Improve public security and order and fire prevention and fighting in this field.
- Strengthen training and certification issuance for workers to ensure safety.
- Support international cooperation in managing industrial explosives.
❓ 常见问题
When does this Decree take effect?
From July 1, 2018.
Which previous regulations are abolished by this Decree?
Abolishes Decree No. 39/2009/NĐ-CP, Decree No. 54/2012/NĐ-CP, and relevant provisions on explosive precursors in other Decrees.
Who is responsible for managing industrial explosives activities?
The Ministry of Industry and Trade is responsible, coordinating with the Ministry of Public Security and the Ministry of National Defense to manage these activities.
全文
DECREE
REGULATIONS ON SOME ARTICLES OF THE LAW ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS, AND ASSISTANT TOOLS FOR INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR SUBSTANCES
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Management and Use of Weapons, Explosives, and Supporting Tools dated June 20, 2017;
CONSIDERING THE PROPOSAL OF THE MINISTER OF INDUSTRY AND TRADE;
THE GOVERNMENT ISSUES THIS DECREE TO REGULATE IN DETAIL SOME ARTICLES OF THE LAW ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS, AND ASSISTANT TOOLS FOR INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR SUBSTANCES.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
THIS DECREE REGULATES THE QUALIFICATIONS, TRAINING, AND ISSUANCE OF TRAINING CERTIFICATES FOR TECHNICAL SAFETY, FIRE PREVENTION AND CONTROL, AND EMERGENCY RESPONSE IN INDUSTRIAL EXPLOSIVES ACTIVITIES; TRAINING AND ISSUANCE OF TRAINING CERTIFICATES FOR TECHNICAL SAFETY OF EXPLOSIVE PRECURSOR SUBSTANCES; MANAGEMENT AND STORAGE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR SUBSTANCES; PROCEDURES FOR REVOKING LICENSES AND CERTIFICATES FOR MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR SUBSTANCES.
Article 2. Applicability
THIS DECREE APPLIES TO ORGANIZATIONS, ORGANIZATIONS, AND INDIVIDUALS INVOLVED IN THE MANAGEMENT AND ACTIVITIES OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR SUBSTANCES IN VIETNAM.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
1. INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR SUBSTANCE ACTIVITIES MEAN THE IMPLEMENTATION OF ONE OR MORE ACTIVITIES INCLUDING PRODUCTION, BUSINESS, TRANSPORTATION, STORAGE, AND USE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSOR SUBSTANCES.
2. A MANAGER IS THE PERSON WHO IS ASSIGNED BY THE ORGANIZATION ENGAGED IN INDUSTRIAL EXPLOSIVES ACTIVITIES TO BE RESPONSIBLE FOR THE SPECIALIZED AND TECHNICAL ASPECTS OF SUCH ACTIVITIES, EXCEPT FOR THE BLASTING SUPERVISOR.
3. A BLASTING SUPERVISOR IS THE PERSON APPOINTED BY THE DIRECTOR OF THE ORGANIZATION USING INDUSTRIAL EXPLOSIVES TO DIRECT, GUIDE, AND ORGANIZE THE USE OF INDUSTRIAL EXPLOSIVES ACCORDING TO THE APPROVED BLASTING PASSPORT.
4. A BLASTER IS THE PERSON DIRECTLY USING INDUSTRIAL EXPLOSIVES ACCORDING TO THE APPROVED BLASTING PASSPORT.
5. SUPPORT PERSONNEL INCLUDES: SECURITY GUARDS, LOADING AND UNLOADING, AND TRANSPORTATION AT THE WAREHOUSE, TRANSFER LOCATIONS OF INDUSTRIAL EXPLOSIVES, AND AT THE BLASTING SITE.
Chapter II
QUALIFICATIONS, TRAINING, AND ISSUANCE OF TRAINING CERTIFICATES FOR TECHNICAL SAFETY, FIRE PREVENTION AND CONTROL, AND EMERGENCY RESPONSE IN INDUSTRIAL EXPLOSIVES ACTIVITIES
ARTICLE 4. QUALIFICATIONS IN INDUSTRIAL EXPLOSIVES ACTIVITIES
1. THE MANAGER MUST HAVE A BACHELOR'S DEGREE OR HIGHER IN ENGINEERING MAJORS: CHEMISTRY, WEAPONS AND AMMUNITION, CHEMICAL TECHNOLOGY ON ROCKET PROPELLANTS, EXPLOSIVES, MILITARY ENGINEERING, MINERAL EXCAVATION, MINING ENGINEERING, GEOLOGY, CIVIL ENGINEERING, TRANSPORTATION, HYDRAULIC ENGINEERING, GEOPHYSICS, OR PETROLEUM.
2. PERSONNEL ENGAGED IN ANALYSIS AND TESTING OF INDUSTRIAL EXPLOSIVES MUST HAVE A COLLEGE DEGREE OR HIGHER IN ENGINEERING MAJORS: CHEMISTRY, WEAPONS AND AMMUNITION, CHEMICAL TECHNOLOGY ON ROCKET PROPELLANTS, EXPLOSIVES, MILITARY ENGINEERING, MINERAL EXCAVATION, MINING ENGINEERING, GEOLOGY, OR DRILLING AND BLASTING.
3. THE BLASTING SUPERVISOR MUST HAVE A COLLEGE DEGREE OR HIGHER IN ENGINEERING, SPECIFICALLY AS FOLLOWS:
a) FOR ENGINEERING MAJORS: WEAPONS AND AMMUNITION, CHEMICAL TECHNOLOGY ON ROCKET PROPELLANTS, EXPLOSIVES, MILITARY ENGINEERING, MINERAL EXCAVATION, MINING ENGINEERING, GEOLOGY, CIVIL ENGINEERING, TRANSPORTATION, HYDRAULIC ENGINEERING, GEOPHYSICS, PETROLEUM, OR DRILLING AND BLASTING. THE BLASTING SUPERVISOR MUST HAVE AT LEAST ONE YEAR OF DIRECT EXPERIENCE USING INDUSTRIAL EXPLOSIVES FOR THOSE WITH A BACHELOR'S DEGREE OR HIGHER, AND AT LEAST TWO YEARS FOR THOSE WITH A COLLEGE OR VOCATIONAL DEGREE.
b) FOR OTHER ENGINEERING MAJORS AS PROVIDED IN POINT a OF THIS CLAUSE, THE BLASTING SUPERVISOR MUST HAVE AT LEAST TWO YEARS OF DIRECT EXPERIENCE USING INDUSTRIAL EXPLOSIVES FOR THOSE WITH A BACHELOR'S DEGREE OR HIGHER, AND AT LEAST THREE YEARS FOR THOSE WITH A COLLEGE OR VOCATIONAL DEGREE.
4. THE BLASTER MUST HAVE A BEGINNER LEVEL OR HIGHER IN THE MAJOR SPECIFIED IN POINT a OF CLAUSE 3 OF THIS ARTICLE, OR A COLLEGE DEGREE OR HIGHER IN THE MAJOR SPECIFIED IN POINT b OF CLAUSE 3 OF THIS ARTICLE. THE BLASTER MUST HAVE AT LEAST SIX MONTHS OF EXPERIENCE IN SUPPORT WORK FOR BLASTING.
Article 5. Subjects required to undergo industrial explosive safety technical training
1. Managers.
2. Direct production workers of industrial explosives.
3. Persons entrusted with managing industrial explosive storage facilities.
4. Blasting supervisors.
5. Blasters.
6. Service personnel; escorts, operators of means of transport for industrial explosives.
7. Workers engaged in the analysis and testing of industrial explosives.
Article 6. Authority to issue certificates of industrial explosive safety technical training
1. The agency issuing certificates of qualification for production, business licenses, and usage permits for industrial explosives, and blasting service permits shall organize inspections and issue certificates of completion of industrial explosive safety technical training for subjects specified in Article 5 of this Decree within their licensing authority, except for those specified in Clause 2 of this Article.
2. Agencies assigned by the Ministry of National Defense to manage industrial explosives shall organize inspections and issue certificates of completion of industrial explosive safety technical training for subjects involved in production, business, use, transportation of industrial explosives, and blasting services under the management authority of the Ministry of National Defense.
Article 7. Contents of industrial explosive safety technical training
1. Training contents for managers
a) Legal provisions governing industrial explosive activities; list of industrial explosives permitted for production, business, and use in Vietnam;
b) Safety requirements when handling industrial explosives; measures for management and technical safety assurance in industrial explosive activities and disposal of industrial explosives; warning signs, symbols, and hazardous markings on packaging, containers, and means of transport;
c) Identification of risks, dangerous factors, and risk assessment regarding security, safety, fire prevention, and natural disasters in industrial explosive activities;
d) Organization of emergency response drills in industrial explosive activities;
đ) Emergency response to incidents related to industrial explosive activities as stipulated in Clause 8 of this Article.
2. Training contents for direct production workers of industrial explosives
a) Legal provisions related to industrial explosive production activities;
b) Safety requirements when handling industrial explosives, technical characteristics of the industrial explosives being produced;
c) Safety requirements when operating production machinery and equipment and safe working methods;
d) Identification of risks, dangerous factors, and risk assessment in the production of industrial explosives concerning security, safety, fire prevention, and natural disasters;
đ) Emergency response to incidents related to industrial explosive activities as stipulated in Clause 8 of this Article.
3. Training contents for persons assigned to manage warehouses storing industrial explosives
a) Legal provisions on the storage of industrial explosives: Requirements for warehouses; safekeeping equipment, firefighting, lightning protection, static electricity control for industrial explosive storage facilities;
b) Composition, properties, classification, and quality requirements for industrial explosives; regulations on testing, inspection, and quality assurance measures for industrial explosives; regulations on disposal and methods of disposing of industrial explosives; requirements for packaging and labeling of industrial explosives;
c) Methods of arranging and storing industrial explosives; safety requirements when loading, storing, and transporting industrial explosives within the warehouse and on transport vehicles;
d) Procedures for the entry and exit, and inventory of industrial explosives;
đ) Responsibilities of persons assigned to manage warehouses storing industrial explosives;
e) Identification of risks, dangerous factors, and risk assessment in the storage of industrial explosives concerning security, safety, fire prevention, and natural disasters;
g) Emergency response to incidents related to industrial explosive activities as stipulated in Clause 8 of this Article.
4. Training contents for blasting supervisors
a) Legal provisions on the use of industrial explosives; list of industrial explosives permitted for production, business, and use in Vietnam;
b) Safety requirements when handling industrial explosives; classification, quality inspection of industrial explosives; regulations on disposal and methods of disposing of industrial explosives; requirements for packaging and labeling of industrial explosives;
c) Blasting methods; safety measures during blasting; impact of blasting on structures, environment, and people; safe distance for blasting; development of blasting plans; regulations on monitoring the impact of blasting;
d) Methods of preparing blasting passports or typical blasting designs and directing the construction of blast sites according to prepared blasting passports or designs;
đ) Management of industrial explosives at the blasting site;
e) Transporting industrial explosives from the warehouse to the usage site and vice versa;
g) Identification of risks and risk assessment regarding security, safety, fire prevention, and natural disasters in the use of industrial explosives;
h) Emergency response to incidents related to industrial explosive activities as stipulated in Clause 8 of this Article.
5. Training content for blasters
a) Legal provisions on the use of industrial explosives; list of industrial explosives permitted for production, business, and use in Vietnam;
b) Safety requirements when handling industrial explosives; classification, quality inspection of industrial explosives; regulations on disposal and methods of disposing of industrial explosives; requirements for packaging and labeling of industrial explosives;
c) Blasting methods; safety measures during blasting; impact of blasting on structures, environment, and people; safe distance for blasting;
d) Implementation of blasting construction: Reading and understanding blasting passports or blasting designs; storing industrial explosives at the blasting site; safety measures when making detonators, dummy charges, loading projectiles into carrier tubes (for oil and gas extraction blasting); loading charges, primers, network connections; handling dud charges; blasting methods, work procedures, blasting signals, responsibilities of blasters;
đ) Identification of risks and risk assessment in the use of industrial explosives regarding security, safety, fire prevention, and natural disasters;
e) Emergency response to incidents related to industrial explosive activities as stipulated in Clause 8 of this Article.
6. Training content for service personnel, escorts, and operators of means of transport for industrial explosives
a) Legal regulations related to the use, storage, and transportation of industrial explosives;
b) Safety requirements when handling industrial explosives;
c) Hazard signs, symbols, and markings on packaging, containers, and transport vehicles for industrial explosives;
d) Methods and measures for storing industrial explosives in warehouses, transfer locations, on transport vehicles, and at blasting sites;
đ) Identifying risks that may cause safety hazards during loading, escorting, transporting, using, and ensuring security and safety during the transportation of industrial explosives;
e) Emergency response to incidents related to industrial explosive activities as stipulated in Clause 8 of this Article.
7. Training content for personnel involved in analyzing and testing industrial explosives
a) Legal regulations on the management of industrial explosive quality; standards and technical specifications for evaluating the quality of industrial explosives;
b) Safety requirements when handling and storing industrial explosives;
c) Classification, labeling of industrial explosives; list of industrial explosives permitted for production, business, and use in Vietnam;
d) Testing and inspection methods; safety measures when inspecting and evaluating industrial explosives; methods for destroying industrial explosives;
đ) Procedures for analyzing and testing quality evaluation indicators of industrial explosives;
e) Emergency response to incidents related to industrial explosive activities as stipulated in Clause 8 of this Article.
8. Content of emergency response training in industrial explosive activities
a) Categorization and methods for detecting emergencies; actions to take upon discovering an emergency situation;
b) Determining potential dangerous impacts on people, equipment, and facilities at the scene and evacuation routes; decisions necessary for evacuation;
c) Plans and measures to be implemented in case of accidents or loss of safety involving industrial explosives: Information for rescue and emergency services; on-site first aid; use of rescue equipment to handle fire and explosion incidents; communication and reporting to competent authorities; mobilization of internal and external resources of the facility;
d) Methods and measures for responding to emergency situations;
đ) Investigation and evaluation of causes and consequences of incidents.
e) Plan for remedying consequences and restoring operation of machinery, equipment, and structures affected by incidents.
Article 8. Professional Training on Fire Prevention and Fighting
The professional training on fire prevention and fighting shall be carried out in accordance with the provisions of the Law on Fire Prevention and Fighting.
Article 9. Organization of Technical Safety Training for Industrial Explosives
1. The competent authority prescribed in Article 6 of this Decree shall be responsible for:
a) Compiling materials and organizing training for managers in accordance with the contents stipulated in Clause 1 of Article 7 of this Decree;
b) Selecting trainers in accordance with the provisions of Clause 3 of this Article;
c) Managing and monitoring technical safety training for persons involved in industrial explosives activities.
2. Organizations engaged in industrial explosives activities shall be responsible for:
a) Compiling materials and organizing training for the subjects prescribed in Article 5 of this Decree, except for managers, in accordance with the contents stipulated from Clause 2 to Clause 7 of Article 7 of this Decree and in accordance with the situation of industrial explosives activities of the organization;
b) Selecting trainers in accordance with the provisions of Clause 3 of this Article;
c) Requesting the competent authority prescribed in Article 6 of this Decree to train, inspect, and issue the Technical Safety Training Certificate for managers; inspect and issue the Technical Safety Training Certificate for the subjects prescribed in Article 5 of this Decree, except for managers;
d) Managing and monitoring technical safety training for persons involved in industrial explosives activities;
đ) Depending on production and organizational situations, organizations engaged in industrial explosives activities may combine technical safety training for industrial explosives with fire prevention and fighting, rescue, first aid, occupational safety and health, and other training.
3. Trainers of technical safety for industrial explosives must have a bachelor's degree or higher in the specialty of Chemicals, Ammunition, Chemical Engineering related to propellants, explosives, Military Engineering, Mining, Mining Engineering, Geology, Construction Engineering, Transportation, Water Resources, Geophysics, Oil and Gas, and have at least five consecutive years of practical experience working in technical safety for industrial explosives or at least three consecutive years of managerial experience in the field of industrial explosives; and possess knowledge of laws on industrial explosives.
4. Training formats
a) Initial training: The subjects prescribed in Article 5 of this Decree must undergo training before engaging in industrial explosives activities. The training time must be at least 16 hours for the subjects prescribed in Clauses 2, 4, and 5 of Article 5 of this Decree, and at least 12 hours for the subjects prescribed in Clauses 1, 3, 6, and 7 of Article 5 of this Decree;
b) Periodic training: The subjects prescribed in Article 5 of this Decree must undergo training once every two years. The training time shall be half (1/2) of the initial training time;
c) Refresher training: The subjects prescribed in Article 5 of this Decree must undergo refresher training when the inspection results do not meet the requirements; mine workers, direct production workers of industrial explosives who have been away from work for six months or more, or those related to changes in production technology or methods of using industrial explosives. The training time shall be half (1/2) of the initial training time.
Article 10. Inspection and Issuance of Technical Safety Training Certificates for Industrial Explosives Materials
1. Organizations engaged in industrial explosives materials shall prepare one set of application files for training, inspection, and issuance of technical safety training certificates for managers to be sent via postal service or submitted directly to the agency specified in Article 6 of this Decree. The file includes:
a) Application form according to Model No. 01 attached to this Decree;
b) List of individuals applying for training, inspection, and issuance of technical safety training certificates according to Model No. 02 attached to this Decree;
c) Two photographs (3x4 cm) of individuals listed in the application for training, inspection, and issuance of technical safety training certificates;
d) Documentation proving compliance with the provisions of Article 4 of this Decree.
2. Organizations engaged in industrial explosives materials shall prepare one set of application files for inspection and issuance of technical safety training certificates for the subjects specified in Article 5 of this Decree, excluding managers, to be sent via postal service or submitted directly to the agency specified in Article 6. The file includes:
a) Application form according to Model No. 01 attached to this Decree;
b) List of individuals applying for inspection and issuance of technical safety training certificates according to Model No. 02 attached to this Decree;
c) Two photographs (3x4 cm) of individuals listed in the application for training, inspection, and issuance of technical safety training certificates;
d) Detailed training materials suitable for each subject as stipulated in point a Clause 2 Article 9 of this Decree;
đ) Documentation proving compliance with the provisions of Article 4 of this Decree.
3. Procedures for training, inspection, and issuance of Technical Safety Training Certificates.
a) Within five working days from the date of receipt of complete and valid files, the agency specified in Article 6 of this Decree must notify the training and inspection plan to the requesting organization;
b) Within ten working days from the date of notification of the training and inspection plan, the agency specified in Article 6 of this Decree must organize training and inspection.
4. Content and results of the inspection
a) The inspection content must be consistent with the training content prescribed in Article 7 of this Decree;
b) Technical Safety Training Certificates will be issued to individuals who achieve a score of 6 out of 10 points or higher on the inspection.
5. Within five working days from the end of the inspection, the agency specified in Article 6 of this Decree shall issue Technical Safety Training Certificates according to Model No. 03 attached to this Decree.
6. Technical Safety Training Certificates are valid for two years and are valid nationwide.
7. Reissuance of Technical Safety Training Certificates
a) Technical Safety Training Certificates will be reissued in cases of loss, error, or damage;
b) Reissued Technical Safety Training Certificates will have the same content and validity period as the original certificates;
c) Application files for reissuance: Reissue application form according to Model No. 01 attached to this Decree; two photographs (3x4 cm) and list of individuals requiring reissuance of Technical Safety Training Certificates;
d) Within three working days from the date of receipt of complete and valid files, the agency specified in Article 6 of this Decree shall reissue Technical Safety Training Certificates.
Chapter III
TRAINING AND ISSUANCE OF TECHNICAL SAFETY TRAINING CERTIFICATES FOR PRE-CURING EXPLOSIVES MATERIALS
Article 11. Subjects required to undergo technical safety training for explosive precursors
1. Persons entrusted with managing explosive precursor storage facilities must be trained and issued a certificate of technical safety training for explosive precursors.
2. Persons entrusted with managing explosive precursor storage facilities who have already been trained and issued a certificate of technical safety training for industrial explosives do not need to undergo technical safety training for explosive precursors and obtain a corresponding certificate during the validity period of their industrial explosives safety training certificate.
Article 12. Authority to issue certificates of technical safety training for explosive precursors
1. The Department of Industry and Trade shall organize inspections and issue certificates of technical safety training for the subjects under its management area, except for those specified in Clause 2 of this Article.
2. Agencies assigned by the Ministry of National Defense to manage industrial explosives shall organize inspections and issue certificates of technical safety training for subjects of organizations engaged in explosive precursor activities under the management of the Ministry of National Defense.
Article 13. Content of technical safety training for explosive precursors
1. Safety requirements when coming into contact with explosive precursors.
2. Legal provisions on the storage of explosive precursors: Requirements for warehouses; means and equipment ensuring safety, fire prevention, and firefighting for explosive precursor storage warehouses; regulations on lightning protection and static electricity control in explosive precursor storage warehouses.
3. Composition, properties, classification, and quality testing requirements, measures to ensure the quality of explosive precursors; requirements for packaging and labeling of explosive precursors.
4. Arrangement and storage of explosive precursors; safety requirements when loading, unloading, and transporting explosive precursors within the warehouse premises and on transportation vehicles.
5. Procedures for issuing, receiving, and inventorying explosive precursors.
6. Responsibilities of persons entrusted with managing explosive precursor storage facilities.
Article 14. Organization of technical safety training for explosive precursors
1. Organizations engaged in explosive precursor activities are responsible for:
a) Compiling materials and organizing training for persons entrusted with managing explosive precursor storage facilities according to the content stipulated in Article 13 of this Decree and in accordance with the operational conditions of the organization's explosive precursor activities;
b) Selecting trainers in compliance with the provisions of Clause 2 of this Article;
c) Requesting competent authorities as stipulated in Article 12 of this Decree to inspect and issue certificates of technical safety training for explosive precursors to persons entrusted with managing explosive precursor storage facilities;
d) Managing and monitoring the training work for persons entrusted with managing explosive precursor storage facilities;
đ) Depending on production and operational conditions, organizations engaged in explosive precursor activities may combine technical safety training for explosive precursors with fire prevention and firefighting training, rescue operations, occupational safety and health training, and other relevant training.
2. Trainers of technical safety training for explosive precursors must have a bachelor’s degree or higher and at least five consecutive years of practical experience in technical safety for explosive precursors, chemicals, or industrial explosives, or at least three consecutive years of experience in state management of industrial explosives and explosive precursors; they must also possess knowledge of laws related to explosive precursors.
3. Forms of training
a) Initial training: Subjects specified in Clause 1 of Article 11 of this Decree must undergo training before being entrusted with managing explosive precursor storage facilities. The training duration must be at least twelve hours.
b) Periodic training: Subjects specified in Clause 1 of Article 11 of this Decree must undergo training every two years. The training duration is half the initial training duration.
c) Retraining: Subjects specified in Clause 1 of Article 11 of this Decree must undergo retraining when their inspection results do not meet the requirements. The retraining duration is half the initial training duration.
Article 15. Inspection and Issuance of Technical Safety Training Certificates for Explosive Precursors
1. Organizations engaged in explosive precursor activities shall prepare 01 set of application files for inspection and issuance of technical safety training certificates to be sent via postal service or directly submitted to the authority specified in Article 12 of this Decree. The file includes:
a) Application form according to Model No. 01 attached to this Decree;
b) List of individuals applying for inspection and issuance of technical safety training certificates according to Model No. 02 attached to this Decree;
c) 02 photographs (3x4 cm) of individuals listed in the application for inspection and issuance of technical safety training certificates;
d) Detailed training materials as stipulated in point a Clause 1 Article 14 of this Decree.
2. Procedure for Inspection and Issuance of Technical Safety Training Certificates
a) Within 05 working days from the date of receipt of complete and valid files, the authority specified in Article 12 of this Decree must notify the inspection plan to the requesting organization;
b) Within 10 working days from the date of notification of the inspection plan, the authority specified in Article 12 of this Decree must organize the inspection.
3. Content and Results of Inspection
a) The inspection content must be consistent with the training content prescribed in Article 13 of this Decree;
b) Technical Safety Training Certificates will be issued to individuals who achieve a score of 6 out of 10 points or higher on the inspection.
4. Within 03 working days from the end of the inspection, the authority specified in Article 12 of this Decree shall issue the technical safety training certificate according to Model No. 03 attached to this Decree.
5. The technical safety training certificate is valid for a period of 02 years and is valid nationwide.
6. Reissuance of Technical Safety Training Certificate
a) Technical Safety Training Certificates will be reissued in cases of loss, error, or damage;
b) Reissued Technical Safety Training Certificates will have the same content and validity period as the original certificates;
c) Application files for reissuance: Reissue application form according to Model No. 01 attached to this Decree; two photographs (3x4 cm) and list of individuals requiring reissuance of Technical Safety Training Certificates;
d) Within 03 working days from the date of receipt of complete and valid files, the authority specified in Article 12 of this Decree shall reissue the technical safety training certificate.
Chapter IV
MANAGEMENT, STORAGE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSORS AND REVOCATION OF LICENSES AND CERTIFICATES FOR MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSORS
Article 16. Management and Storage of Industrial Explosives
1. Industrial explosives stored on transport vehicles, transfer locations, and at blasting sites must ensure security, public order, safety, fire prevention, and firefighting conditions as prescribed in technical standards, national standards, and relevant regulatory documents.
2. Industrial explosives storage facilities must meet requirements for construction, security, public order, safety, fire prevention, firefighting, lightning protection, static electricity control, and environmental protection as prescribed in technical standards, national standards, and relevant regulatory documents.
3. Only organizations permitted to produce, trade, use industrial explosives, and blasting services may use and manage industrial explosives storage facilities. Investment, construction, expansion, and renovation of industrial explosives storage facilities must comply with laws on investment and construction, quality management of projects, technical standards, and related laws.
4. Organizations using industrial explosives storage facilities must implement:
a) Establish and promulgate internal rules and regulations ensuring security, order, safety, fire prevention, and firefighting for the industrial explosives material warehouse;
b) Deployment of security forces and organization of 24-hour guard duty daily, checking and controlling conditions ensuring security, safety, fire prevention, and firefighting for people, vehicles entering and exiting, and working within the industrial explosives storage facility area;
c) Installation of warning signs, instructions on relevant safety, fire prevention, and firefighting regulations;
d) Develop and post procedures for arranging, storing, exporting, and importing industrial explosives materials in the warehouse, classifying industrial explosives materials that do not meet quality requirements according to regulations;
đ) Identify safety risks and assess risks related to the industrial explosives material warehouse;
e) Development of emergency response plans; firefighting and rescue plans; security and public order assurance plans, and plans or measures to prevent and respond to chemical accidents as prescribed;
g) Provision of full firefighting and rescue equipment and devices in accordance with laws on fire prevention and firefighting.
Article 17. Management and storage of explosive precursors
1. Explosive precursors must be stored at locations that meet requirements for security, public order, safety, fire prevention, and firefighting as stipulated in technical regulations, national standards, and relevant legal normative documents.
2. The explosive precursor warehouse must satisfy requirements for construction, security, public order, safety, fire prevention, firefighting, lightning protection, static electricity control, and environmental protection as stipulated in technical regulations, national standards, and relevant legal normative documents.
3. Organizations using explosive precursor warehouses shall:
a) Develop and promulgate internal rules and regulations to ensure security, public order, safety, fire prevention, and firefighting for explosive precursor storage facilities;
b) Arrange security forces and organize 24-hour surveillance daily to inspect and control conditions ensuring security, safety, fire prevention, and firefighting for people, vehicles entering and exiting, and working within the explosive precursor warehouse area;
c) Installation of warning signs, instructions on relevant safety, fire prevention, and firefighting regulations;
d) Develop and post procedures for arranging, storing, exporting, and importing within the warehouse, classifying explosive precursors that do not meet quality standards according to regulations;
đ) Not store explosive precursors together with chemicals that can react with each other or have different firefighting measures;
e) Identify safety risks and assess risks related to explosive precursor storage facilities;
g) Develop plans or measures for preventing and responding to chemical incidents; firefighting and rescue plans; and security and public order assurance plans in accordance with the law;
h) Equip with complete firefighting and rescue equipment in accordance with the law on fire prevention and firefighting.
Article 18. Procedures for Revoking Permits and Certificates for the Management and Use of Industrial Explosives and Explosive Precursors
Permits and certificates for the management and use of industrial explosives and explosive precursors issued to organizations shall be revoked in accordance with Clause 4, Article 10 of the Law on the Management and Use of Weapons, Explosives, and Auxiliary Equipment as follows:
1. In cases where organizations submit applications for revocation in accordance with Clause 1, Article 11 of the Law on the Management and Use of Weapons, Explosives, and Auxiliary Equipment, the competent authority shall issue a Decision to revoke within five working days from receipt of the application, using Model No. 04 attached to this Decree.
2. In cases where organizations do not submit applications for revocation in accordance with Clause 1, Article 11 of the Law on the Management and Use of Weapons, Explosives, and Auxiliary Equipment, the competent authority shall conduct inspections, prepare records, organize the revocation of permits and certificates, and handle them according to the law.
Chapter V
IMPLEMENTING PROVISIONS
Article 19. Responsibility for Implementation
1. Responsibilities of the Ministry of Industry and Trade
a) Lead and guide the implementation of legal provisions in the activities involving industrial explosives and explosive precursors.
b) Lead and guide the registration of new industrial explosives into the List of industrial explosives permitted for production, trading, and use in Vietnam.
c) Lead and coordinate with the Ministry of Public Security, the Ministry of National Defense, and related ministries and sectors to inspect the implementation of legal provisions in the activities involving industrial explosives and explosive precursors.
d) Aggregate and compile statistics on the implementation of activities involving industrial explosives and explosive precursors nationwide, report to the Government on the management and use of industrial explosives and explosive precursors across the country as prescribed.
đ) Implement international cooperation in activities involving industrial explosives and explosive precursors.
e) Conduct inspections, handle complaints and denunciations, and address violations related to activities involving industrial explosives and explosive precursors.
2. Responsibilities of the Ministry of Public Security
a) Organize inspections, issue certificates confirming compliance with security and public order conditions; review, inspect, and accept fire prevention and firefighting for warehouses and specialized transportation means for industrial explosives and explosive precursors for organizations engaged in such activities; inspect and issue permits for transporting industrial explosives and explosive precursors for organizations not under the transportation command authority of the Ministry of National Defense.
b) Lead and coordinate with the Ministry of Industry and Trade to inspect and check the implementation of legal provisions on security and public order, transportation, fire prevention, firefighting, and rescue operations for organizations and individuals involved in activities involving industrial explosives and explosive precursors under the management authority of the Ministry of Public Security.
3. Responsibilities of the Ministry of National Defense
a) Issue permits for the use of industrial explosives and transportation orders for industrial explosives and explosive precursors for military organizations, enterprises with state capital represented by the Ministry of National Defense.
b) Lead and coordinate with the Ministry of Industry and Trade to inspect and check the implementation of legal provisions in managing activities involving industrial explosives and explosive precursors under the management authority of the Ministry of National Defense.
4. Responsibilities of Local Authorities
a) People's Committees at all levels within their assigned tasks and authorities shall manage, inspect, check, resolve complaints and denunciations, and impose administrative penalties for activities involving industrial explosives and explosive precursors in their localities according to the分级任务的原因是确保翻译的准确性和一致性,同时考虑到每个段落的内容和法律术语的专业性。以下是直接翻译结果,没有进一步解释或合并:
b) Provincial People's Committees and municipal People's Committees directly under the central government shall promulgate management regulations for industrial explosives and explosive precursors in their jurisdictions in accordance with the law and the situation of their localities; receive notifications of the use of industrial explosives from organizations as prescribed by the Law on the Management and Use of Weapons, Explosives, and Auxiliary Equipment.
c) Departments of Industry and Trade shall assist Provincial People's Committees and municipal People's Committees directly under the central government in implementing centralized management of activities involving industrial explosives and explosive precursors in their localities.
Article 20. Effective Date
1. This Decree takes effect from July 1, 2018.
2. Repeal Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives; 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; the provisions on explosive precursors in Decree No. 76/2014/NĐ-CP dated July 29, 2014 of the Government detailing certain Articles of the Ordinance amending and supplementing certain Articles of the Ordinance on the Management and Use of Weapons, Explosives, and Supporting Tools; Chapter III of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on Investment Conditions in the field of international trade goods, chemicals, industrial explosives, fertilizers, gas business, food business under the management of the Ministry of Industry and Trade; Chapter VII of Decree No. 08/2018/NĐ-CP dated January 15, 2018 of the Government amending certain Decrees related to Investment Conditions under the management of the Ministry of Industry and Trade./.
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