Circular No. 85/2018/TT-BQP stipulates the management of industrial explosives and explosive precursors under the jurisdiction of the Ministry of National Defense.

CIRCULAR

PROVISIONS ON THE MANAGEMENT OF INDUSTRIAL EXPLOSIVES AND PRECURSOR CHEMICALS FOR EXPLOSIVES UNDER THE AUTHORITY OF THE MINISTRY OF NATIONAL DEFENSE

OF THE MINISTRY OF NATIONAL DEFENSE

Pursuant to the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment dated June 20, 2017;

Pursuant to Decree No. 71/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment regarding industrial explosives and precursor chemicals for explosives;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Department of Defense Industry;

The Minister of National Defense promulgates this Circular providing for the management of activities related to industrial explosives and precursor chemicals for explosives under the authority of the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for procedures for issuing permits to use industrial explosives; procedures for issuing transportation orders for industrial explosives and precursor chemicals for explosives; procedures for requesting certificates of eligibility for production and business licenses for industrial explosives and blasting services; competent authorities organizing training, inspection, and issuing certificates of technical safety training for industrial explosives and precursor chemicals for explosives; responsibilities of agencies, units, organizations, and individuals involved in the management and activities of industrial explosives and precursor chemicals for explosives under the authority of the Ministry of National Defense.

Article 2. Applicability

This Circular applies to:

1. Military units and enterprises.

2. Organizations and state-owned enterprises with capital where the Ministry of National Defense acts as the representative owner.

3. Agencies, units, organizations, and individuals related to the management and activities of industrial explosives and precursor chemicals for explosives under the authority of the Ministry of National Defense.

Chapter II

i) Copy of proof of payment of permit issuance review fees as required for direct submission of applications.

Article 3. Procedures for Issuing Permits to Use Industrial Explosives for the First Time

1. Organizations and enterprises meeting the conditions stipulated in Clause 1, Article 41 of the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment request issuance of a permit to use industrial explosives, including the following documents:

a) A request for issuance of a permit to use industrial explosives in accordance with Form No. 05 attached hereto;

b) A copy of the decision establishing the unit or a copy of the valid Enterprise Registration Certificate;

c) A copy of the certificate of eligibility for security and public order for enterprises. For military units that are not enterprises, a confirmation of eligibility for safety and security issued by the security agency in accordance with Form No. 06 attached hereto;

d) A copy of the exploration and exploitation permit for mineral resources or oil and gas enterprises; a copy of the tender award decision, construction contract, or authorization document for implementing the construction contract from the enterprise management organization still in effect; a copy of the assignment document from agencies or units under the Ministry of National Defense for other tasks requiring the use of industrial explosives;

đ) A copy of the design or construction drawings for construction projects or mining designs using industrial explosives for industrial-scale projects; construction plans or mining operations for manual construction or mining activities. The design or plan must be approved by the project sponsor and meet safety standards and technical regulations;

e) A blasting design or plan signed off by the leadership of the organization or enterprise;

In cases where blasting occurs in residential areas, medical facilities, historical-cultural sites, natural conservation areas, national security or defense works, or other important national works, approval letters from the provincial People's Committee or managing agencies are required, and the blasting design or plan must be approved by the agency issuing the permit to use industrial explosives;

g) A copy of the acceptance or periodic fire prevention and firefighting inspection report for explosive storage facilities and conditions ensuring safety according to technical standards and regulations;

h) If the organization or enterprise requests a permit to use industrial explosives without a storage facility or transportation means, the application must include a copy of the principle contract for renting a storage facility or transportation means from an organization or enterprise with appropriate safety conditions according to technical standards and fire prevention regulations, or a copy of the principle contract with an authorized industrial explosives supplier to provide explosives to the construction site according to the blasting passport;

i) Decision appointing the blasting supervisor by the unit commander or enterprise leader and a list of blasters, warehouse managers, and service personnel (guards, loaders, and transporters at the warehouse, intermediate transfer points, and blasting sites); work permits for foreign workers related to the use of industrial explosives (if applicable); copies of professional certificates and training certificates for technical safety in industrial explosives activities for the blasting supervisor, blasters, warehouse managers, and service personnel;

k) A copy of the proof of payment of the licensing fee as prescribed;

An introduction letter accompanied by a copy of the Officer Identification Card or Military Identification Card (for military personnel), Citizen Identity Card, ID Card, or Passport of the person submitting the application directly;

2. Military units that are not enterprises requesting a permit to use industrial explosives for national defense and security construction projects, including the following documents:

a) A request for issuance of a permit to use industrial explosives in accordance with Form No. 05 attached hereto;

b) Confirmation of eligibility for security and safety issued by the security agency in accordance with Form No. 06 attached hereto;

c) An introduction letter accompanied by a copy of the Officer Identification Card or Military Identification Card (for military personnel), Citizen Identity Card, ID Card, or Passport of the person submitting the application directly;

3. Organizations and enterprises providing blasting services requesting a permit to use industrial explosives, including the following documents:

a) Documents and materials specified in Points a, e, g, h, and i of Clause 1 of this Article;

b) A copy of the Blasting Service Permit issued by the competent authority;

c) A copy of the blasting service contract between the organization or enterprise providing blasting services and the organization or individual requiring such services;

d) A copy of the document proving the payment of the examination fee for the permit issuance as prescribed;

đ) An introduction letter accompanied by a copy of the Officer Identification Card or Military Identification Card (for military personnel), Citizen Identity Card, Personal Identification Card, or Passport of the person making contact in cases where the application is submitted directly;

4. The dossier stipulated in Clauses 1, 2, and 3 of this Article shall be compiled into one set and submitted to the Directorate of National Defense Industry.

a) In cases where the dossier is submitted directly, organizations and enterprises may choose to submit copies of the documents and materials stipulated in Clauses 1, 2, and 3 of this Article, which are either copies from the original book or certified copies, and present the originals for verification, or certified copies.

b) In cases where the dossier is submitted through postal service or military postal service, organizations and enterprises must submit certified copies of the documents and materials stipulated in Clauses 1, 2, and 3 of this Article.

5. Within five working days from the date of receiving the complete dossier, the Directorate of National Defense Industry shall issue the Explosive Material Usage Permit according to Form No. 07 prescribed in the Appendix attached to this Circular to the organization or enterprise; if not issued, a written response with clear reasons must be provided.

In cases where the competent authority needs to inspect the actual site or explosive material storage before considering and issuing the Explosive Material Usage Permit, the examination period for issuing the permit shall not exceed ten working days from the date of receiving the complete valid dossier.

6. Organizations and enterprises requesting the issuance of the Explosive Material Usage Permit must pay fees as prescribed by the Ministry of Finance; this does not apply to units that are not construction enterprises for national defense and security projects.

Article 4. Reissuing, Amending, and Adjusting the Explosive Material Usage Permit

1. In cases where the Explosive Material Usage Permit has expired and the organization or enterprise wishes to continue using explosive materials, they must prepare a dossier and send it to the competent authority specified in Clause 4 of Article 3 of this Circular to request reissuance of the Permit; the dossier includes a report on the results of using explosive materials during the validity period of the previously issued Permit and the documents and materials stipulated in Clauses 1, 2, and 3 of Article 3 of this Circular.

2. In cases where the Explosive Material Usage Permit is lost or damaged, the organization or enterprise must prepare a document according to Form No. 05 prescribed in the Appendix attached to this Circular and send it to the competent authority specified in Clause 4 of Article 3 of this Circular, along with the documents and materials stipulated in Points k and l of Clause 1; Point c of Clause 2; and Points d and đ of Clause 3 of Article 3 of this Circular.

3. In cases where the organization or enterprise holds an Explosive Material Usage Permit that is still valid but there have been changes in the name of the organization or enterprise or in the scale and conditions for using explosive materials, they must prepare a dossier and send it to the competent authority specified in Clause 4 of Article 3 of this Circular to request adjustment of the Permit; the dossier includes the documents and materials stipulated in Clauses 1, 2, and 3 of Article 3 of this Circular.

4. Within five working days from the date of receiving the complete dossier, the Directorate of National Defense Industry shall reissue, amend, or adjust the Explosive Material Usage Permit according to Form No. 07 prescribed in the Appendix attached to this Circular to the organization or enterprise; if not issued, a written response with clear reasons must be provided.

5. Organizations and enterprises requesting reissuance, amendment, or adjustment of the Explosive Material Usage Permit must pay fees as prescribed by the Ministry of Finance; this does not apply to units that are not construction enterprises for national defense and security projects.

Chapter III

ISSUING TRANSPORT COMMANDS FOR EXPLOSIVE MATERIALS AND PRECURSOR CHEMICALS

Article 5. Construction and Approval of the Plan for Transporting Industrial Explosives and Precursors

1. Annually, subordinate agencies, units, and enterprises report to their superior agencies, units, and enterprises under the Ministry of National Defense, and state-owned joint-stock companies represented by the Ministry of National Defense, to the General Staff about the need for transporting explosive materials and precursor chemicals, and quarterly report additional requirements according to Form No. 01 prescribed in the Appendix attached to this Circular, accompanied by documents proving the qualifications for transportation including:

a) Copies of the Certificate of Qualification for Production, Business License for enterprises producing and trading in explosive materials and precursor chemicals; copies of the Explosive Material Usage Permit for organizations and enterprises using explosive materials; copies of the Enterprise Registration Certificate, Certificate of Qualification for Security and Public Order Conditions for transporting explosive materials and precursor chemicals for enterprises registered in the transportation industry.

b) List of transport vehicles for explosive materials and precursor chemicals, accompanied by copies of the Vehicle Registration Certificate and Operating Permit.

c) List of vehicle drivers, escorts, loaders/unloaders, accompanied by copies of the Vehicle Driving Permit for drivers, Technical Safety Training Certificate for explosive materials, and Valid Fire Prevention and Control Training Certificate.

2. Agencies, units, and enterprises under the Ministry of National Defense shall compile and develop annual plans for transporting explosive materials and precursor chemicals, and quarterly supplementary plans according to Form No. 02 prescribed in the Appendix attached to this Circular, and report to the Chief of the General Staff.

3. The Chief of the General Staff shall review and approve the plans for transporting explosive materials and precursor chemicals of agencies, units, and enterprises under the Ministry of National Defense.

Article 6. Issuance, Adjustment, Revocation, and Suspension of Transport Orders for Industrial Explosives and Precursors

1. The Chief of the General Staff shall issue, amend, revoke, or delegate to the commanders of subordinate agencies and units under one level below to issue, amend, or revoke Transport Commands for explosive materials and precursor chemicals for five enterprises under the Ministry of National Defense and state-owned joint-stock companies represented by the Ministry of National Defense.

In cases of unexpected situations not included in the plan approved by the Chief of General Staff as stipulated in Article 5 of this Circular, subordinate agencies, units, and enterprises shall report to agencies, units, and enterprises under the Ministry of National Defense to request the Chief of General Staff to issue an Order for transporting industrial explosives and explosive precursors.

2. The commander of agencies, units (excluding enterprises) under the Ministry of National Defense shall implement or delegate to the commander of subordinate agencies, units under their command, based on the plan approved by the Chief of General Staff, to adjust or revoke the Order for transporting industrial explosives and explosive precursors for entities within their management scope.

3. The validity period of the Order for transporting industrial explosives and explosive precursors shall be determined by the commander of the agency or unit authorized to issue such Orders, but shall not exceed thirty days.

4. The application dossier for issuing an Order for transportation consists of one set including:

a) A request for issuance of the transportation Order according to Model No. 03 prescribed in the Appendix attached to this Circular, clearly stating the reasons, types, quantities, and volumes of industrial explosives and explosive precursors to be transported; delivery and receipt locations, implementation time, and transportation route; full name of the person responsible for transportation and the vehicle driver; vehicle license plate number;

b) A copy of the purchase or transportation contract for industrial explosives and explosive precursors (in case of multiple transportations, submit once for the entire contract duration); a copy of the permit for testing explosions (in case of transporting for testing purposes) or a copy of the permit for collecting and destroying industrial explosives (in case of transporting for collection and destruction) or a copy of the decision allowing the recovery of waste from the destruction of various types of ammunition (in case of recovering waste from destruction) issued by the competent authority; a confirmation document regarding the conditions for receiving industrial explosives and explosive precursors from the competent public security authority when transporting to warehouses of organizations and enterprises outside the management scope of the Ministry of National Defense.

c) An introduction letter accompanied by a copy of the Officer Identification Card or Military Identification Card (for military personnel), Citizen Identity Card, ID Card, or Passport of the person submitting the application directly;

5. The dossier for amending the Order for transporting industrial explosives and explosive precursors consists of one set including:

a) A request for amending the content of the Order for transporting industrial explosives and explosive precursors, clearly stating the reasons for the amendment;

b) A copy of the Order for transporting industrial explosives and explosive precursors that needs to have its content amended.

c) An introduction letter accompanied by a copy of the Officer Identification Card or Military Identification Card (for military personnel), Citizen Identity Card, ID Card, or Passport of the person submitting the application directly;

6. The dossiers prescribed in Clauses 4 and 5 of this Article shall be submitted to the agencies and units specified in Clauses 1 and 2 of this Article.

a) In case of direct submission of the dossier, organizations and enterprises may choose to submit copies as stipulated in Clauses 4 and 5 of this Article, which can be copies from original books or copies with the original presented for verification or certified copies.

b) In case of submitting the dossier through postal service, organizations and enterprises must submit certified copies of all types of documents and materials as stipulated in Clauses 4 and 5 of this Article.

7. Within three working days from the date of receiving complete dossiers, the commander of the agency or unit authorized as stipulated in Clauses 1 and 2 of this Article shall issue, amend, or revoke the Order for transporting industrial explosives and explosive precursors according to Model No. 04 prescribed in the Appendix attached to this Circular for agencies, units, and enterprises; if not issued, a written response with clear reasons must be provided. The Order for transporting industrial explosives and explosive precursors is only valid for one transportation trip.

8. If transporting industrial explosives and explosive precursors using multiple vehicles in the same trip, only one Order for transportation will be issued; if using different types of vehicles, separate Orders for transportation must be issued for each type of vehicle.

9. When transporting industrial explosives and explosive precursors within the boundaries of mines, construction sites, or facilities producing and storing industrial explosives and explosive precursors on roads not intersecting with public waterways or roads, there is no need to apply for an Order for transportation, but regulations at points b, c, d, and e Clause 2 Article 44 of the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment must be strictly followed.

10. In cases where national-level security, order, and social safety measures are required, or in areas with special requirements for security and order maintenance, the temporary suspension of issuance or cessation of effectiveness of the Order for transporting industrial explosives and explosive precursors shall be carried out as follows:

a) The Chief of General Staff decides to temporarily suspend the issuance or cessation of effectiveness of the Order for transporting industrial explosives and explosive precursors for all agencies and units under the management of the Ministry of National Defense;

b) The commander of the agency or unit specified in Clause 2 of this Article decides to temporarily suspend the issuance or cessation of effectiveness of the Order for transporting industrial explosives and explosive precursors already issued to entities within their management scope;

c) The decision to temporarily suspend the issuance or cessation of effectiveness of the Order for transporting industrial explosives and explosive precursors must be documented in writing, specifying the reasons, the suspension period, and the cessation of effectiveness of the Order until transportation activities resume.

11. Agencies and units must send one original copy of the Order for transporting industrial explosives and explosive precursors issued, amended, or revoked to the Operations Department of the General Staff and Military Regions along the transportation route for monitoring, management, and coordination in control.

12. The procedure for revoking the Order for transportation shall be implemented according to the provisions on revoking permits as stipulated in Article 18 of Decree No. 71/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management and Use of Weapons, Explosives, and Auxiliary Equipment concerning industrial explosives and explosive precursors.

Chapter IV

ORGANIZATIONS WITH AUTHORITY TO TRAIN, INSPECT, ISSUE TECHNICAL SAFETY TRAINING CERTIFICATES FOR INDUSTRIAL EXPLOSIVE MATERIALS AND EXPLOSIVE PRECURSOR CHEMICALS; PROCEDURES FOR APPLYING FOR PRODUCTION ELIGIBILITY CERTIFICATES, BUSINESS LICENSES FOR INDUSTRIAL EXPLOSIVE MATERIALS, AND BLASTING SERVICE LICENSES

Article 7. Organizations with authority to train, inspect, issue technical safety training certificates for industrial explosive materials and explosive precursor chemicals

The Department of National Defense Industry organizes training, inspection, and issuance of technical safety training certificates for industrial explosive materials and technical safety training certificates for explosive precursor chemicals for relevant subjects as prescribed in Decree No. 71/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools regarding industrial explosive materials and explosive precursor chemicals, including:

1. Training, inspecting, and issuing certificates of technical safety training for explosive materials for managers.

2. Inspecting and issuing certificates of technical safety training for explosive materials for the following subjects:

a) Workers directly producing explosive materials;

b) Persons assigned to manage explosive material warehouses;

c) Blasting supervisors;

d) Blasters;

đ) Servants; escorts, and drivers of vehicles transporting explosive materials;

e) Personnel conducting analysis and testing of explosive materials;

3. Inspect and issue technical safety training certificates for explosive precursor chemicals for individuals assigned to manage explosive precursor chemical warehouses.

Article 8. Procedures for applying for production eligibility certificates, business licenses for industrial explosive materials, and blasting service licenses

1. Units and enterprises requiring application for production eligibility certificates, business licenses for industrial explosive materials, and blasting service licenses shall prepare documents in accordance with Articles 38, 39, and 43 of the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools and submit them to the Department of National Defense Industry.

2. Within five working days from the date of receipt of complete and valid documents, the Department of National Defense Industry will review the documents and prepare a request for the Ministry of Industry and Trade to issue production eligibility certificates, business licenses for industrial explosive materials, and blasting service licenses to the units and enterprises.

Chapter V

RESPONSIBILITIES OF AGENCIES AND UNITS

Article 9. The General Staff Department

1. Direct and manage the transportation activities of industrial explosive materials and explosive precursor chemicals within the Military.

2. Direct agencies and units in coordinating inspections of production, business, and use of industrial explosive materials within the Military.

Article 10. The Department of National Defense Industry

1. Assist the Minister of National Defense in performing state management functions over industrial explosive materials and explosive precursor chemicals under the Ministry of National Defense's jurisdiction as prescribed by the Law on Management and Use of Weapons, Explosive Materials, and Auxiliary Tools and the regulations stipulated in this Circular.

2. Study and develop, and submit to the Minister of National Defense for promulgation legal normative documents on standards, technical regulations, and safety regulations concerning activities involving industrial explosive materials and explosive precursor chemicals under the Ministry of National Defense's jurisdiction as prescribed by law.

3. Annually compile results of management, production, business, and use; export and import of industrial explosive materials and explosive precursor chemicals within the Military, and report to the Ministry of National Defense.

4. Take the lead and coordinate with related agencies and units to inspect management, production, business, and use of industrial explosive materials and explosive precursor chemicals within the Military, and report to the Ministry of National Defense; coordinate participation in inter-ministerial inspections conducted by state management agencies overseeing activities involving industrial explosive materials and explosive precursor chemicals.

Article 11. Agencies and units under the Ministry of National Defense that are not enterprises

1. Direct, guide, and inspect subordinate units to implement state regulations and those of the Ministry of National Defense when participating in industrial explosive materials activities and explosive precursor substance activities.

2. Examine and confirm the security and safety conditions for subordinate units requiring the use of industrial explosive materials for national defense and security construction projects before proposing to competent authorities to issue Explosive Material Usage Permits.

3. Organize and coordinate with competent authorities in training technical safety for industrial explosive materials and explosive precursor substances for managed entities and propose the Department of Defense Industry to issue Certificates in accordance with Article 7 of this Circular.

4. Annually, conduct inspections on the implementation of state and Ministry of National Defense regulations regarding the management of production, business, transportation, and use of industrial explosive materials and explosive precursor substances by managed units and enterprises.

5. Every six months, must conduct inspections on transportation conditions for units and enterprises transporting industrial explosive materials and explosive precursor substances within their command authority.

Chapter VI

IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from July 1, 2018.

2. Repeal Circular No. 22/2013/TT-BQP dated March 11, 2013, issued by the Minister of National Defense, concerning the management of industrial explosive material activities in the Military.

Article 13. Responsibility for Implementation

The Chief of the General Staff, commanders of agencies, units, organizations, enterprises, and individuals related to this Circular are responsible for its implementation./.