Decree No. 76/2014/ND-CP detailing certain provisions of the Ordinance amending and supplementing some articles of the Ordinance on management and use of weapons, explosives, and auxiliary tools.

DECREE

Detailed provisions on certain articles of the Ordinance amending and supplementing some articles of

The Ordinance on Management and Use of Weapons, Explosives Materials and Supporting Toolsnational

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

Pursuant to the Ordinance on management and use of weapons, explosives materials and supporting tools No. 16/2011/UBTVQH12 dated June 30, 2011; the Ordinance amending and supplementing some articles of the Ordinance on management and use of weapons, explosives materials and supporting tools No. 07/2013/UBTVQH13 dated July 12, 2013;

At the proposal of the Minister of Industry and Trade, the Minister of Public Security,

The Government promulgates this Decree detailing and guiding the implementation of certain articles of the Ordinance amending and supplementing some articles of the Ordinance on management and use of weapons, explosives materials and supporting tools.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree details and guides the implementation of Clauses 1, 2, 3 and Clause 6, Article 1 of the Ordinance amending and supplementing some articles of the Ordinance on management and use of weapons, explosives materials and supporting tools regarding the list of explosive precursors; conditions for trading in explosive precursors; military weapons equipped for the Fisheries Inspection Force under the Ministry of Agriculture and Rural Development.

2. This Decree does not apply to activities serving security and defense purposes; fertilizer business purposes pursuant to Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management, and in emergency situations as prescribed by law.

Article 2. Applicability

This Decree applies to organizations and individuals participating in fisheries inspection activities and organizations participating in trading in explosive precursors in Vietnam.

Article 3. Explanation of Terms

1. Trading in explosive precursors means carrying out one, several, or all of the activities of purchasing, selling, exporting, and importing explosive precursors.

2. A copy is a certified copy or stamped with confirmation by the trading organization (in the case of submitting applications through postal service), a photograph attached with the original for comparison (in the case of direct submission), a scanned copy from the original (submitted via electronic network).

Article 4. State management responsibilities

1. Responsibilities of the Ministry of Industry and Trade:

a) Shall be responsible before the Government for state management over trading in explosive precursors;

b) To issue by authority or to take the lead in coordinating with the Ministry of National Defense, the Ministry of Public Security, and relevant ministries and sectors to submit to the Government for issuance of normative legal documents on trading in explosive precursors;

c) To take the lead in coordinating with relevant ministries and sectors to build and amend the List of explosive precursors;

d) To issue, adjust, and revoke Trading Licenses, Export and Import Licenses for explosive precursors;

đ) To guide the implementation of legal provisions in trading in explosive precursors;

e) To take the lead in coordinating with the Ministry of Public Security, the Ministry of National Defense, and relevant ministries and sectors to organize inspections on the implementation of legal provisions on trading conditions for explosive precursors, ensuring safety in trading, export, import, and use of explosive precursors;

g) To compile and statistically summarize the implementation of trading conditions for explosive precursors nationwide;

h) To inspect, check, resolve complaints and denunciations related to trading in explosive precursors.

2. Responsibilities of relevant ministries and sectors:

a) The Ministry of Public Security shall take the lead in coordinating with the Ministry of Industry and Trade and the Ministry of National Defense to inspect the implementation of fire prevention and firefighting regulations; security and public order regulations of organizations trading in explosive precursors;

b) Ministries, agencies at the level of ministries, and government agencies within their scope of responsibility and authority shall coordinate with the Ministry of Industry and Trade to implement state management over trading in explosive precursors;

c) The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Public Security to guide the implementation of management, storage, and use of military weapons equipped for the Fisheries Inspection Force.

3. Responsibilities of People's Committees at all levels:

a) People's Committees at all levels within their scope of responsibility and authority shall implement management, inspection, checking, resolving complaints and denunciations, and administrative penalties for violations in trading in explosive precursors in their localities according to the law;

b) Departments of Industry and Trade are specialized agencies assisting provincial-level People's Committees and centrally-administered city People's Committees in implementing management and trading in explosive precursors in their localities.

Article 5. Responsibilities of organizations engaged in explosive precursor substances business

1. Must meet the conditions stipulated in Article 11 and Clause 2 of Article 14 of this Decree to be granted a Business License, Export Permit, Import Permit for explosive precursor substances, and can only conduct business, export, or import explosive precursor substances after being authorized by the competent authority.

2. Strictly comply with legal regulations, technical safety standards and norms regarding explosive precursor substances; fire prevention and firefighting; social security and public order; environmental protection.

3. Implement the provisions of this Decree concerning record-keeping, documentation, management of Licenses, and reporting requirements.

4. During operation, if loss or leakage of explosive precursor substances is discovered, immediately report to the nearest police agency and simultaneously report to the Department of Industry and Trade under the jurisdictional area, and must bear responsibility for the loss or leakage of explosive precursor substances.

Article 6. Exemptions from licensing and mixtures of substances

1. Licensing exemptions:

a) Exemption from obtaining a Business License, Export Permit, and Import Permit for explosive precursor substances for scientific research and testing with quantities less than 5 (five) kilograms per year;

b) Organizations importing explosive precursor substances for direct use in production, research, and testing must have an Import Permit and be exempted from obtaining a Business License but still must meet the business condition requirements set out in Clauses 3, 4, and 5 of Article 11 of this Decree.

2. Mixtures containing more than 45% explosive precursor substances must comply with the provisions of this Decree and other relevant legal regulations.

Article 7. Prohibited acts

1. Engaging in business, exporting, or importing explosive precursor substances without a permit. Purchasing or selling explosive precursor substances domestically from organizations without a Business License for explosive precursor substances.

2. Transferring, leasing, lending, mortgaging, giving as gifts, or arbitrarily modifying the content of Business Licenses, Export Permits, or Import Permits for explosive precursor substances.

3. Purchasing or selling explosive precursor substances without invoices or legal documentation. Illegally storing or possessing explosive precursor substances.

4. Conducting business, exporting, or importing explosive precursor substances not in accordance with the permitted content or causing harm to people, property, the environment, affecting national security, public order, and social safety.

5. Failing to provide or providing false information about explosive precursor substances; failing to promptly report to the competent authority, concealing or distorting information on theft, loss, accidents, or incidents during the business operation of explosive precursor substances.

6. Misusing official positions or state management activities to illegally obstruct, cause inconvenience, harass, or cover up violations of laws related to the business of explosive precursor substances.

7. Other prohibited acts as prescribed by law.

Chapter II

EQUIPMENT OF MILITARY WEAPONS FOR FISHERY INSPECTION FORCES

Article 8. Subjects eligible for military weapons in the Fishery Inspection Force

1. The Fishery Inspection Force.

2. Fishery Inspection vessels.

Article 9. Types of military weapons equipped for the Fishery Inspection Force

1. Fishery Inspectors and Crew Members of Fishery Inspection vessels are equipped with the following types of military weapons:

a) Pistols, submachine guns;

b) Ammunition for the types of weapons specified in Point a of this Clause.

2. Fishery Inspection vessels are equipped with the following types of military weapons:

a) Medium machine guns, heavy machine guns, 14.5 mm guns;

b) Ammunition for the types of weapons specified in Point a of this Clause.

Article 10. Management and use of military weapons in Fisheries Surveillance forces

The management and use of military weapons in Fisheries Surveillance forces shall be carried out in accordance with the provisions of the Ordinance on the Management and Use of Weapons, Explosive Materials, and Auxiliary Equipment, and related guiding documents.

Chapter III

BUSINESS, EXPORT, IMPORT OF EXPLOSIVE PRECURSOR CHEMICALS

Section 1

BUSINESS IN EXPLOSIVE PRECURSOR CHEMICALS

Article 11. Conditions for business in explosive precursor chemicals

1. Possess a Business Registration Certificate or Investment Certificate or Business Registration Certificate issued by competent state authorities, which includes chemical or industrial explosive materials-related business activities.

2. The organization conducting business in explosive precursor chemicals must be a company approved by the Prime Minister upon the proposal of the Ministry of Industry and Trade, the Ministry of Public Security, and the Ministry of National Defense.

3. Requirements for infrastructure and technical facilities:

a) The storage warehouse location, port, and place of receiving and unloading explosive precursor chemicals must ensure security and public order conditions; have fire prevention and explosion protection equipment in accordance with the Law on Fire Prevention and Fighting; maintain safe distances from protected buildings and objects according to current standards and regulations, as stipulated by laws on chemicals and relevant regulations;

b) Containers and equipment for storing and retaining explosive precursor chemicals must ensure quality and environmental hygiene; transportation means for explosive precursor chemicals must comply with laws on transporting dangerous goods;

c) The storage warehouse or rented storage warehouse must meet the conditions for preserving quality during the business period;

d) Have legal documents clearly proving the origin of production, importation, or supply of the type of explosive precursor chemicals being traded;

đ) Have equipment for monitoring, collecting, and treating hazardous waste or have contracts for transporting, treating, and disposing of hazardous waste in accordance with the Environmental Protection Law.

4. Requirements for ensuring chemical safety

Have preventive and response measures for chemical accidents confirmed by competent authorities or a Chemical Accident Prevention and Response Plan approved by competent authorities in accordance with the Chemicals Law.

5. Requirements for human resources

Personnel directly managing, operating, and workers involved in trading explosive precursor chemicals must be trained in chemical safety techniques.

Article 12. Lead agency for consultation and licensing authority

The Ministry of Industry and Trade is the lead agency for soliciting opinions from the Ministry of Public Security and the Ministry of National Defense on applications for trading in explosive precursor chemicals, and it is also the authority with the power to issue Trading Licenses for explosive precursor chemicals after approval by the Prime Minister.

Article 13. Procedures for issuing Trading Licenses for explosive precursor chemicals

1. Application documents for issuing Trading Licenses:

a) An application form for issuing a Trading License for explosive precursor chemicals as prescribed;

b) A copy of the Business Registration Certificate or Investment Certificate or Business Registration Certificate issued by competent state authorities, which includes chemical or industrial explosive materials-related business activities;

c) Documents and evidence proving compliance with the conditions specified in Clauses 3, 4, and 5 of Article 11 of this Decree.

2. Licensing procedures:

a) The organization applying for a license must submit a complete set of application documents including the required papers and documents as specified in Clause 1 of Article 13 to the Ministry of Industry and Trade via postal service or direct submission;

b) Within no more than three working days from the date of receipt of the application, the Ministry of Industry and Trade must notify the organization about the completeness and validity of the application and request the organization to complete the application once. The notification time and completion time of the application will not be counted towards the licensing period specified in Point c of this Clause;

c) The licensing period is twenty working days from the date of receipt of the complete application documents as specified in Clause 1 of this Article, specifically as follows:

Within seven working days, the Ministry of Public Security and the Ministry of National Defense must provide written comments on the licensing application submitted by the Ministry of Industry and Trade;

Within thirteen days, the Ministry of Industry and Trade must complete the application based on the proposals of the Ministry of Public Security and the Ministry of National Defense to submit to the Prime Minister for approval. In cases where the conditions are not met, the Ministry of Industry and Trade must issue a written response stating the reasons.

3. Content and validity period of the Trading License:

a) The License includes the following contents: Name and main office address of the organization engaged in trading explosive precursor chemicals; location and scope of operation; validity period; type of activity, quantity, and types of explosive precursor chemicals; obligations of the organization granted the License;

b) The License has a validity period of no more than five years from the date of issuance,

4. Expiry of Trading License

After the expiration of the Trading License from the date of issuance, organizations wishing to continue trading in explosive precursor chemicals must:

a) Submit an application to the Ministry of Industry and Trade requesting permission to continue trading in explosive precursor chemicals as prescribed;

b) If there are changes in business registration, location, scale, or trading conditions, the organization must provide documents and evidence proving the changes. The application procedures, deadlines, and licensing content shall be carried out in accordance with Clauses 1, 2, 3, and 4 of this Article.

5. Reissue, amendment, and revocation of Trading Licenses

a) The License may be reissued if lost, erroneous, or damaged. The content and validity period of the reissued License remain unchanged, and the reissued License must specify the cancellation of the effect of the lost, erroneous, or damaged License.

The application documents for reissuance include: An application form for reissuing the License (specifying the reason) as prescribed; the erroneous or damaged License (not applicable in case of loss). Based on the review of the licensing documents retained at the licensing authority, within five days, the Ministry of Industry and Trade will reissue the License;

b) The License may be amended in the following cases: Changes in business registration; changes in location; changes in scale or operational conditions or information related to the registered organization.

The documents and procedures for amending the Permit include: An application requesting amendment of the Permit (specifying the reasons); related documents and evidence proving the content of the changes. Within 10 (ten) working days from the date of receiving a valid file, the Ministry of Industry and Trade will issue the permit. The validity period of the Permit remains unchanged. The documents, procedures, deadlines, and contents of issuing the permit shall be carried out according to the provisions of Clauses 1, 2, 3, and 4 of this Article.

c) The Permit shall be revoked in the following cases: Failure to meet the conditions for operating explosive precursors as stipulated in Article 11 of this Decree; using fake documents or providing false information in the application for the permit; not conducting business with explosive precursors for a period of 06 months from the date of issuance of the Permit; the organization that has been granted the Permit ceases operations or goes bankrupt.

The competent authority issuing the permit shall issue a decision to nullify the effect of the revoked Permit and notify the organization whose Permit was revoked and other relevant organizations.

Section 2

EXPORTING AND IMPORTING EXPLOSIVE PRECURSORS

Article 14. Competent Authority Issuing Permits and Conditions for Exporting and Importing Explosive Precursors

1. The Ministry of Industry and Trade is the competent authority issuing export permits and import permits for explosive precursors.

2. Organizations permitted to export and import explosive precursors must have export permits and import permits issued by the Ministry of Industry and Trade.

Article 15. Procedures for Issuing Export Permits and Import Permits for Explosive Precursors

1. Application Documents:

a) An application form for the permit as prescribed;

b) A copy of the Permit or Certificate in one of the following cases: Business Permit for explosive precursors for business organizations; Certificate of eligibility for production of explosive precursors for the case of importing explosive precursors for the production of industrial explosives;

c) Report on the quantity of explosive precursors exported and imported in the planned year;

d) A copy of the contract or purchase order or invoice for buying or selling explosive precursors.

2. Procedure for Issuing Permits:

a) The organization applying for export and import permits for explosive precursors shall submit one set of documents and materials as prescribed in Clause 1 of this Article to the Ministry of Industry and Trade via postal service or direct submission;

b) Within no more than 2 (two) working days from the date of receipt of the application, the Ministry of Industry and Trade must notify the organization about the completeness and validity of the application and request the organization to complete the application once. The time for notification and completion of the application shall not be counted towards the permit issuance deadline specified in Point c of this Clause;

c) Within 5 (five) working days from the date of receipt of the valid application as prescribed in Clause 1 of this Article, the competent authority issuing the permit shall be responsible for reviewing and approving the application and issuing the permit to organizations meeting the conditions. In the event of refusal to issue the permit, the competent authority issuing the permit must provide a written response stating the reasons.

3. Contents and Validity Period of the Permit:

a) The import and export permit for explosive precursors shall include the main contents: Name and address of the headquarters of the organization engaged in the business of explosive precursors; location, scope of operation, validity period; quantity and type; contract or order or invoice for buying and selling explosive precursors; purpose of use; name of exit port and entry port; obligations of the organization granted the permit;

b) The permit shall have a validity period of no more than 3 (three) months from the date of issuance.

4. Organizations that have been granted an import permit for explosive precursors are exempted from complying with the regulations on issuing declaration confirmation certificates for chemicals listed in the Chemicals Declaration List under the Law on Chemicals and guiding documents.

Chapter IV

RECORDS, DOCUMENTS AND REPORTS, INSPECTIONS

 TRADE IN EXPLOSIVE PRECURSORS

Article 16. Record-keeping and Documentation System

1. Organizations and individuals must maintain separate ledgers to track the quantity of explosive precursor materials in business operations, imports, exports, and inventory.

2. Export and import receipts for explosive precursor materials of businesses engaged in business operations, imports, and exports of such materials shall not be combined with those for other goods or supplies.

3. The invoice and documentation system shall be implemented in accordance with current regulations. Any purchase or sale of explosive precursor materials without invoices or documentation shall be deemed illegal business activity and subject to legal penalties.

4. Information, customer lists, and records related to explosive precursor materials must be retained for at least five (5) years, even if the organization ceases activities related to these materials. In cases where an explosive precursor material business has multiple branches, the data must include all relevant information from each branch.

Article 17. Management of Licenses

1. Business licenses, export and import licenses for explosive precursor materials must be kept at the main office as registered by the licensed entity.

2. At least three (3) days before commencing business operations with explosive precursor materials, the licensed entity must submit copies of its business license for explosive precursor materials to the provincial industry management department and public security organs of centrally administered cities and provinces where the business operations take place.

Article 18. Reporting System

1. Explosive precursor material trading organizations must implement periodic reporting systems every six months and annually; they must also provide ad hoc reports on their business activities upon request by competent authorities. The Minister of Industry and Trade shall specify the report formats and submission deadlines.

2. Every six months and annually, the Ministry of Industry and Trade shall coordinate to compile and report to the Government on the situation of explosive precursor material business activities and provide ad hoc reports on business activities when requested by the Government.

Article 19. Inspection of Explosive Precursor Material Business Activities

The Ministry of Industry and Trade shall lead and coordinate with relevant ministries and sectors to conduct annual inspections of business conditions for entities holding business licenses and export and import licenses for explosive precursor materials. In cases where violations of this Decree are discovered or where management reveals signs of violations, the Ministry of Industry and Trade shall lead and coordinate with relevant ministries and sectors to conduct ad hoc inspections.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Transitional Provisions

1. Business licenses for explosive precursor materials issued to organizations prior to the effective date of this Decree that have not yet expired or expired after March 1, 2014 shall continue to be valid until December 31, 2014.

2. Export and import licenses for explosive precursor materials issued to organizations prior to the effective date of this Decree shall continue to be valid for the quantities specified in the licenses.

Article 21. List of Explosive Precursors

The list of explosive precursors is hereby promulgated along with this Decree. Based on management requirements during different periods, the Ministry of Industry and Trade shall lead and coordinate with relevant sectoral ministries to review and propose amendments, supplements, and approval of the list of explosive precursors by the Government.

Article 22. Guidance and specific regulations

1. The Minister of Industry and Trade shall provide guidance on the implementation of the provisions set forth in Clauses 3, 4, and 5 of Article 11 and Clause 4 and 5 of Article 13 of this Decree.

2. The Minister of Industry and Trade shall specify the following:

a) Documents and materials proving compliance with the conditions for trading explosive precursors as stipulated in Point c, Clause 1, Article 13; application forms for permit issuance; sample business licenses for explosive precursors; sample permits for renewal and amendment; application forms for continued trading of explosive precursors; application forms for renewal and amendment of business licenses as provided in Article 13 of this Decree;

b) Sample applications and export/import licenses for explosive precursors as specified in Article 15 of this Decree;

c) Inspection contents and competent authorities responsible for inspecting organizations trading explosive precursors within their jurisdiction as provided in Article 19 of this Decree.

Article 23. Effectiveness of Implementation

1. This Decree takes effect from September 15, 2014.

2. This Decree replaces the definitions and regulations concerning trading, exporting, and importing explosive precursors at Clause 3, Article 3 and Article 16 of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives.

Article 24. Responsibility for Implementation

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.