Chương III Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2017: Quản lý, sử dụng vật liệu nổ

Chapter III

MANAGEMENT AND USE OF EXPLOSIVES

Article 35. Research into, manufacture, maintenance and use of military explosives

1. Organizations affiliated to the Ministry of National Defense and Ministry of Public Security are allowed to research into, manufacture and maintain military explosives.

2. The research into, manufacture and maintenance of military explosives shall satisfy the following conditions:

a) The Minister of National Defense or Minister of Public Security assigns missions of research into, manufacture and maintenance of military weapons;

b) A system for management and safe technique is established. In particular, the commander shall provide directions and assign qualified and experienced people to take responsibility for carrying out tasks of safe techniques in each department or position facing high risks of fire incidents;

c) There are plans for ensuring security, order, fire prevention and environmental protection applied to establishments researching into and manufacturing weapons, systems of warehouses, loading and unloading places and vehicles. Maneuvers of fire prevention and rescue are carried out regularly. Warehouses of military explosives are designed and constructed in accordance with regulations in Clause 2 Article 9 of this Law.

3. The Minister of Ministry of National Defense and Minister of Public Security shall stipulate the research into, manufacture, maintenance and use of military weapons within their management.

Article 36. Transport of military explosives

1. The transport of military explosives shall comply with the following regulations:

a) Explosives shall only be transferred in case of an order for transporting explosives or a license to transport explosives issued by the competent authority;

b) The transport of explosives shall ensure secret and safety;

c) Military explosives shall be transported by specialized vehicles and the transport shall ensure safety, fire prevention and environmental protection;

d) Military explosives and people shall not be transported in a vehicle, except for people responsible for transporting military explosives;

dd) Vehicles containing military explosives shall not be stopped or parked in crowded places, residential areas, near filling stations or places where important works related to national defense, security, economy, culture and foreign affairs are located. The stop of the vehicle due to necessity of spending the night or incidents shall be notified to the nearest military or police authorities for cooperation in protection of weapons if necessary

2. Procedures for issuance of licenses to transport military explosives applying to entities that are not under the management of the Ministry of National Defense shall be specified as follows:

a) An application for the license to transport military explosives shall consist of an application form specifying the reasons for and quantity of transported military explosives; the place of departure, place of arrival, time and route of transport; full name and address of the person in charge of transporting the explosives and the person driving the vehicle; the vehicle’s license plate; a letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application;

b) An application containing the documents prescribed in Point a of this Clause shall be submitted to the police authority assigned by the Minister of Public Security.

c) Within 5 working days from the day on which the adequate application is received, the police authority shall issue the license to transport military explosives or send a written explanation to the applicant in case of refusal to issue the license. A license to transport military explosives shall only apply to a shipment. Within 07 day from the day on which the transport of military explosives is completed, the license to transport weapons shall be returned to the licensing authority.

3. Procedures for issuance of orders for transporting military explosives applying to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 37. Research into and production, trading, import and export of industrial explosives

1. The research into industrial explosives shall comply with the following regulations:

a) Industrial explosives shall be researched, developed and tested by the science and technology organizations or producers of industrial explosives according to research projects approved by competent authorities;

b) Production of industrial explosives and transfer of technology for industrial production of explosives shall be carried out in establishments producing industrial explosives that satisfy the conditions prescribed by law and obtaining licenses issued by competent authorities.

2. The production of industrial explosives shall comply with the following regulations:

a) Producers of industrial explosives shall be state-owned enterprises that are assigned by the Prime Minister at the request of the Minister of Industry and Trade, Minister of Public Security or Minister of National Defense;

c) Types of industrial explosives and production scale shall be conformable with developmental orientation of industrial explosives and ensure quality and safe techniques;

c) Managers, employees and workers engaged in the production of industrial explosives shall ensure the security and order, have eligible qualifications and be trained in safe technique, fire prevention and response to incidents in activities related to production of industrial explosives;

d) Measuring instruments and equipment shall be sufficient to be used for inspecting and supervising technical parameters and inspecting quality of material and components in the production process. The testing place shall be separate and safe as prescribed in standards and technical regulations;

dd) Industrial explosives shall be classified and labeled in accordance with regulations of law;

e) Producers of industrial explosives shall only sell right types of products to traders thereof.

3. The trading of industrial explosives shall comply with the following regulations:

a) Traders of industrial explosives shall be state-owned enterprises that are assigned by the Prime Minister at the request of the Minister of Industry and Trade, Minister of Public Security or Minister of National Defense;

b) Places of warehouses and harbors, loading and unloading places shall satisfy conditions for security and order and ensure the safe distances between those places and works and objects to be protected;

c) Warehouses, equipment for loading and unloading industrial explosives, vehicles, equipment and devices for trading in industrial explosives shall be designed and constructed conformably, satisfy requirements for maintenance and transport of industrial explosives and fire prevention. If there is no warehouse or vehicle, a contract with an organization allowed to maintain and transport industrial explosives is required

d) Managers and attendants engaged in trading of industrial explosives shall satisfy conditions for security and order, have suitable qualifications and be trained in safe technique, fire prevention and response to incidents in activities related to trading of industrial explosives;

dd) Traders of industrial explosives shall only trade in the industrial explosives included in the list of industrial explosives allowed to be produced, traded and used in Vietnam, trade in industrial explosives in accordance with regulations of business licenses and are allowed to purchase industrial explosives from organizations allowed to use industrial explosives but do not use them completely.

4. Industrial explosives shall be exported or imported as follows:

a) A trader of industrial explosives is allowed to export and import industrial explosives.

b) Industrial explosives shall only be exported or imported in case of a license to export or import industrial explosives issued by the competent authority affiliated to the Ministry of Industry and Trade;

c) Entrustment of export of industrial explosives shall only be carried out between enterprises allowed to produce or trade in the industrial explosives or organizations allowed to use the industrial explosives and enterprises allowed to trade in them.

5. The Government shall provide guidance on qualification, training in safe techniques, fire prevention and response to incidents related to production and trading of industrial explosives.

Article 38. Procedures for issuance of certificated of eligibility for producing industrial explosives

1. An application for a certificate of eligibility for producing industrial explosives shall consist of:

a) An application form for the certificate of eligibility for producing industrial explosives. An enterprise affiliated to the Ministry of National Defense shall submit an application made by the Ministry of National Defense or the authority assigned to manage industrial explosives by the Ministry of National Defense.

b) A copy of the written assignment of production of industrial explosives issued by the Prime Minister.

c) A copy of the decision on establishment of the enterprise or the ERC;

d) A copy of the decision on approval for project on constructing works for production of industrial explosives in accordance with regulations of law on construction investment and management;

dd) A copy of the certificate of eligibility for ensuring security and order; a document on assessment, inspection and commissioning in terms of fire prevention of houses, production works and warehouses maintaining industrial explosives;

e) A copy of the decision on recognizing the registration of industrial explosives and specifying these explosives in the list of industrial explosives allowed to be produced, traded and used in Vietnam in case of the new industrial explosives produced and used in Vietnam;

g) Copies of the decision on approving the environmental assessment report and written confirmation of completion of environmental protection works;

h) Arrangement of land and technology lines, systems of electricity and lightening conductors; a certificate of assessment of equipment subject to strict requirements for occupational safety and measuring equipment; testing results of criteria for explosives; commissioning of construction works;

i) A letter of introduction enclosed with a copy of ID card, passport, police ID card or ID issued by the Vietnam People’s Army of the person submitting the application.

2. If a producer of industrial explosives applies for the change of its name without any change in production conditions, it will only submit an application for form adjustment to the certificate of eligibility for producing industrial explosives, a copy of the decision on giving permission for change of the enterprise’s name and a copy of the certificate of eligibility for ensuring security and order issued by the competent authority.

3. If a producer of industrial explosives improves and upgrades it’s infrastructure and equipment used for producing industrial explosives without decrease in the requirements for site, technology and conditions for fire prevention and safe technique of licensed technology lines prescribed in standards and technical regulations, it will submit an application form for the certificate of eligibility for producing industrial explosives after improving or upgrading its infrastructure and equipment.

4. If production lines of a producer of industrial explosives are damaged by an incident, after having results of the investigation into this incident and restoring the production lines, the producer will make a technical dossier on restoration process and submit an application form for the certificate of eligibility for producing industrial explosives.

5. An application for a certificate of eligibility for producing industrial explosives shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the certificate of eligibility for producing industrial explosives or send a written explanation to the applicant in case of refusal to issue the certificate.

Article 39. Procedures for issuance of licenses to trade in industrial explosives

1. An application for a license to trade in industrial explosives shall consist of

a) An application form for the license to trade in industrial explosives. An enterprise affiliated to the Ministry of National Defense shall submit an application made by the Ministry of National Defense or the authority assigned to manage industrial explosives by the Ministry of National Defense.

b) A copy of the written assignment of trading of industrial explosives issued by the Prime Minister.

c) A copy of the decision on establishment of the enterprise or the ERC;

d) Copies of the certificate of eligibility for ensuring security and order; a document on assessment, inspection and commissioning in terms of fire prevention of warehouses and specialized vehicles used for transporting industrial explosives;

dd) A list of managers directly involved in the maintenance, transport and trading of industrial explosives; a dossier of the applicant's representative; work permits issued to foreign employees working for the applicant (if any); a declaration specifying systems of warehouses, harbors and workshops of the applicant and a written permission for putting these works into use; a list of specialized vehicles and copies of driving licenses; a certificate of standards, measurement and measuring quality issued to the facility experimenting on industrial explosives by the regulatory authority (if any); a plan or measure for prevention of and response to urgent incidents related to warehouses and vehicles of industrial explosives;

e) A letter of introduction enclosed with a copy of the ID card, passport, Police ID card or ID issued by the People's Army of the applicant.

2. An application for reissuance of a license to trade in industrial explosives shall consist of a report on the trading of industrial explosives according to the issued license and the documents prescribed in Clause 1 of this Article.

3. An application for a license to trade in industrial explosives shall be made in a set and submit to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to trade in industrial explosives or send a written explanation to the applicant in case of refusal to issue the certificate.

Article 40. Procedures for issuance of licenses to export or import industrial explosives

1. An application for a license to export or import industrial explosives shall consist of

a) An application form for a license to export or import industrial explosives;

b) A copy of the license to trade in industrial explosives;

c) Copies of contracts for exchanging industrial explosives signed with foreign enterprises and those signed with domestic enterprises;

d) A letter of introduction enclosed with a copy of the ID card, passport, Police ID card or ID issued by the People's Army of the applicant.

2. An application containing the documents prescribed in Clause 1 of this Article shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to export or import industrial explosives or send a written explanation to the applicant in case of refusal to issue the certificate.

3. The period of a license to export or import industrial explosives shall be 6 months.

Article 41. Use of industrial explosives

1. A user of industrial explosives shall satisfy the following conditions:

a) The organization is established in accordance with regulations of law, obtain an ERC and a license to operate in areas related to use of industrial explosives;

b) Activities related to minerals and oil or construction works, research and testing works or missions assigned by the Prime Minister are required to use industrial explosives;

c) Warehouses, technology, vehicles and equipment for using industrial explosives comply with standards and technical regulations. If the organization has no warehouse or vehicle, a written lease contract with an organization allowed to maintain and transport industrial explosives will be required.

d) Places used for using industrial explosives shall satisfy conditions for security, order, fire prevention, environmental hygiene and ensure the safe distances between these places and works and objects to be protected as prescribed in standards, technical regulations and relevant regulations;

dd) People managing and commanding the detonation of mines (“hereinafter referred to as “blasting commander”), combat engineers and other people engaged in use of industrial explosives satisfy conditions for security and order, have qualifications suitable for their positions and responsibilities and are trained in safe technique, fire prevention and response to incidents in activities related to use of industrial explosives;

e) The volume of explosives used in a quarter is 500 kilograms or more unless the explosives are used for the geological testing, survey and assessment.

2. A user of industrial explosives shall comply with the following regulations:

a) The user shall only purchase the industrial explosives included in the list of industrial explosives allowed to be produced, traded and used in Vietnam, except for traders of industrial explosives;

b) Industrial explosives that are redundant shall be sold to traders of industrial explosives;

c) The organization shall appoint the blasting commander and satisfy standards in and technical regulations on safety related to use of industrial explosives when detonating mines;

d) Designs and plans for detonating mines shall be conformable with the production scale and natural and social conditions of places where mines are detonated. Designs and plans for detonating mines shall specify measures for ensuring safety, protecting and guarding the area of detonation of mines from illegal penetration; procedures for giving warning and starting the detonation; procedures for maintaining explosives and supervising the consumption and destruction of industrial explosives at the places where mines are detonated and other contents as prescribed in standards and technical regulations.

Designs or plans for detonating mines shall be approved by the authority issuing licenses to use industrial explosives and obtain a written permission granted by the People’s Committee of the province or the regulatory authority if mines are detonated in residential areas, medical facilities, areas where historic and cultural relics, natural reserves, works of security and national defense or other important works and protected areas as prescribed by law. The organization shall supervise impacts on works and objects to be protected within the affecting scope of detonation of mines;

dd) Organizations and enterprise obtaining licenses to use industrial explosives issued by the Ministry of Industry and Trade or Ministry of National Defense shall send written notifications to the People’s Committee of provinces at least 10 days before activities specified in their licenses are carried out.

3. The Government shall provide guidance on qualifications and training in safe techniques related to use of industrial explosives.

Article 42. Procedures for issuance of licenses to use industrial explosives

1. An application for the license to use industrial explosives applying to organizations under the management of the Ministry of National Defense shall consist of:

a) An application form for the license to use industrial explosives.

b) A copy of the decision on establishment or the ERC. A foreign-invested enterprise shall submit a copy of its investment certificate or contracting license issued by the competent authority in accordance with regulations of law;

c) A copy of the certificate of eligibility for ensuring security and order;

d) A copy of the license to explore and extract minerals and oil applying to the enterprise whose business lines are related to minerals; a copy of the decision on winning the construction contract, a copy of the contract for undertaking contract package or a document on authorizing or assigning the execution of the construction contract made by the supervisory organization of the applicant;

dd) Designs for and shop drawings of work items and designs for extracting mines by using industrial explosives applying to industrial works; plans for execution and extraction applying to non-industrial construction activities. Designs or plans approved by the investor shall satisfy conditions for safety as prescribed in standards and technical regulations;

e) The plan for detonating mines approved by the applicant’s manager If mines are detonated in residential areas, medical facilities, areas where historic and cultural relics, natural reserves, works of security and national defense or other important works and other protected areas prescribed by law, the plan for detonating mines shall obtain a written permission granted by the competent authorities prescribed in Point d Clause 2 Article 41 of this Law;

g) A copy of the written commissioning in terms of fire prevention of explosives warehouses and conditions for ensuring safety prescribed in standards and technical regulations;

h) If an organization which submits an application for the license to use industrial explosives has no warehouses or vehicles, the application shall include a copy of the principal contract for leasing warehouses and vehicles signed with an organization owning warehouses or vehicles that satisfy conditions for safety prescribed in standards and technical regulations and fire prevention or a principal contract with an organization allowed to trade in industrial explosives for provision of industrial explosives for these works according to the blasting plan;

i) The decision on appointment of blasting commander made by the applicant's manager and the list of combat engineers and employees involved in the use of industrial explosives; work permits of foreign employees involved in the use of industrial explosives (if any); copies of professional certificates and certificates of training in safe techniques in activities related to industrial explosives issued to the blasting commander and combat engineers;

k) A letter of introduction enclosed with a copy of the ID card, passport or police ID card of the person submitting the application.

2. If an organization applies for reissuance of a license to use industrial explosives without any change in operating location and scale, an application shall consist of a report on using industrial explosives within the period of the issued license and the documents prescribed in Clause 1 of this Article.

3. If the organization that satisfies the conditions prescribed in Point b, d and dd Clause 1 of this Article is not able to detonate mines, it may sign a contract for carrying out all activities related to detonation of mines with an organization obtaining license for blasting service.

4. An application containing the documents prescribed in Clause 1 or Clause 2 of this Article shall be submitted to the competent authority assigned by the Ministry of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to use industrial explosives or send a written explanation to the applicant in case of refusal to issue the license.

5. The expiry date of a license to use industrial explosives shall be the same as those of the license to extract minerals but the period of this license shall not exceed 05 years. In the cases where industrial explosives are used for construction, testing and exploration of minerals, carrying out activities related to oil and gas and other activities assigned by the Prime Minister, the period of a license to use industrial explosives shall be based on the construction period but not exceed 2 years.

6. Procedures for issuance of licenses to use industrial explosives applying to organizations under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 43. Blasting service

1. Forms of and requirements for blasting services shall be specified as follows:

a) Blasting service means the execution of contracts for detonating mines between an organization providing blasting services and an organization or individual in need of such services and includes local blasting services within continental areas of a province or central-affiliated city; blasting services on the continental shelf and blasting services in the entire territory of the Socialist Republic of Vietnam;

b) Quantity, operating scope and scale of providers of blasting services shall be conformable with tasks and needs of concentrated construction, mineral extraction activities and particular socio-economic conditions of each region;

c) The regulatory authority in charge of industrial explosives shall appoint and compel the provision of blasting services in areas and places with particular security and social order and safety.

2. Conditions for, rights and responsibilities of a provider of blasting service shall be specified as follows:

a) The provider is established in accordance with regulations of law and has its blasting services registered. If a provider operates in the whole territory of the Socialist Republic of Vietnam, it shall be a state-owned enterprise;

b) The provider is eligible for using, maintaining and transporting explosives in accordance with regulations of this law. Its infrastructure, technique and personnel are enough to provide services to at least 05 organizations providing these services;

c) The provider will have rights and responsibilities prescribed in this Law and other relevant regulations of law if it uses, maintains and transports industrial explosives to provide blasting services.

3. A user of blasting services shall have the following rights and responsibilities:

a) The user is not required to obtain the license for operating in activities related to industrial explosives;

b) The user shall only hire a provider of blasting services to provide a type of blasting services at a position or place;

c) When maintaining, transporting and using industrial explosives, the user shall comply with the management of the provider of blasting services;

d) The user shall cooperate with and assist the provider of blasting services in problems related to security and safety in activities of industrial explosives.

4. An application for a license for blasting services shall consist of:

a) An application form for a license for blasting services. An enterprise affiliated to the Ministry of National Defense shall submit an application made by the Ministry of National Defense or the authority assigned to manage industrial explosives by the Minister of National Defense.

b) A copy of the decision on establishment or the ERC; A foreign-invested enterprise shall submit a copy of its investment certificate;

c) A copy of the certificate of eligibility for ensuring security and order;

d) An application form for blasting services made by the People’s Committee of the province in case of local blasting services within continental areas of a province or central-affiliated city; an application form for blasting services made by the competent authority in case of blasting services on the continental shelf or blasting services in the entire territory of the Socialist Republic of Vietnam;

dd) A plan for blasting services which specifies objectives, scale, scope, conformity with the planning , demands for blasting services and capacity for satisfaction of these demands; necessary conditions and measures for ensuring security and safety related to provision of blasting services; a copy of the license to use industrial explosives and the typical plan for detonating mines that has been carried out for 02 years prior to the day on which the application form for license for blasting services and the documents prescribed in Points g, h and i Clause 1 Article 42 of this Law;

e) If the applicant has obtained the license to trade in industrial explosives, the application shall exclude the documents prescribed in Points b, c and d of this Clause and Point h Clause 1 Article 42 of this Law;

g) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the person submitting the application.

5. If an organization applies for reissuance of or adjustments to the license for blasting services, an application shall consist of a report on blasting services within the period of the issued license and the documents prescribed in Points b, c, d and dd Clause 4 of this Article.

6. An application including the document prescribed in Clause 4 or 5 of this Article shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license for blasting services or send a written explanation to the applicant in case of refusal to issue the license.

7. The period of a license for blasting services shall be 02 years.

Article 44. Transport of industrial explosives

1. An organization transporting industrial explosives (hereinafter referred to as “transporter of industrial explosives") shall satisfy the following conditions:

a) The transporter is allowed to produce, trade in or use material explosives and the transport of goods is included in its registered business lines.

b) Vehicles used for transporting industrial explosives satisfy conditions prescribed in standards in and technical regulations on safety in activities related to industrial explosives and ensure conditions for safety and fire prevention;

c) People managing and driving vehicles and escorting and other people engaged in transport of industrial explosives satisfy conditions for security and order, have qualifications suitable for their positions and responsibilities and are trained in safe technique and fire prevention;

d) The transporter obtains the license to transport industrial explosives and has symbols showing that vehicle is transporting industrial explosives.

2. A person transporting industrial explosives shall comply with the following regulations:

a) He/she shall comply with the contents of the license to transport industrial explosives;

b) He/she shall inspect the condition of industrial explosives before starting the transport or after stopping or parking vehicles and deal with the occurred incidents;

c) He/she shall make a plan for ensuring safety and fire prevention related to the transport and take measures for responding to urgent incidents;

d) He/she shall follow sufficient procedures for delivering and receiving goods and documents related to industrial explosives;

dd) Vehicles containing industrial explosives shall not be stopped or parked in crowded places, residential areas, near filling stations or places where important works related to national defense, security, economy, culture and foreign affairs are located and shall not be transported in case of unpredictable weather. The stop of vehicle due to the necessity of spending the night or incidents during the transport of industrial shall be notified to the nearest military or police authorities for cooperation in protection of weapons if necessary

e) Industrial explosives and people shall not be transported in a vehicle, except for people responsible for transporting industrial explosives;

3. An application for the license to transport industrial explosives applying to entities that are not under the management of the Ministry of National Defense shall consist of:

a) An application form specifying the reasons for and quantity and types of transported industrial explosives; the place of departure, place of arrival, time and route of transport; full name and address of the person in charge of transporting the explosives and the person driving the vehicle; the vehicle’s license plate;

b) Copies of the ERC and the certificate of eligibility for ensuring security and order in production, trading and use of industrial explosives of the organization receiving the industrial explosives;

c) The documents proving the eligibility for transporting industrial explosives prescribed in Points a, b and c Clause 1 of this Article;

d) A letter of introduction enclosed with a copy of the ID card, passport or the police ID card of the person submitting the application.

4. An application for adjustments to the license to transport industrial explosives applying to entities that are not under the management of the Ministry of National Defense shall consist of:

a) An application form for the adjustments to the license to transport industrial explosives.

b) A copy of the license to transport industrial explosives;

5. An application for a license to transport industrial explosives shall be submitted to the police authority assigned by the Minister of Public Security.

6. Within 3 working days from the day on which the adequate application is received, the police authority shall issue the license to transport industrial explosives or send a written explanation to the applicant in case of refusal to issue the license. A license to transport military explosives shall only apply to a shipment. Within 07 day from the day on which the transport of industrial explosives is completed, the license to transport industrial explosives shall be returned to the licensing authority.

7. If there are multiple vehicles transporting industrial explosives in a shipment, only a license to transport industrial explosives will be issued. If the industrial explosives are transported by multiple types of vehicles, each type of vehicles shall be issued with a license to transport industrial explosives.

8. If the industrial explosives are transported inside a mine, a construction site or an establishment producing or maintaining industrial explosives on the routes which do not intersect public waterways or roads, the license to transport industrial explosives is not required but the regulations prescribed in Points b, c, d and e Clause 2 of this Article shall be complied.

9. In case of requirements for ensuring security, social order and safety related to national activities or activities in regions subject to special requirements for ensuring security and safety, the competent authority shall decide to suspend the issuance of licenses to transport industrial explosives or effects of these licenses.

10. The adjustments to, issuance, revocation and suspension of issuance of orders to transport industrial explosives applying to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 45. Responsibilities of organizations researching into, manufacturing, trading in, transporting and using industrial explosives

1. An organization researching into, manufacturing, trading in, transporting or using industrial explosives shall:

a) Obtain a license, certificate or approval issued by the competent authority;

b) Establish a department in charge of managing and inspecting safety and analyzing risks to safety formulate a plan for detonating mines, plan for rescue in case of emergency, issue internal regulations, regulations on and procedures for ensuring security, safety, fire prevention and environmental protection in activities related to industrial explosives.

c) Preserve and keep records and documents of each type of industrial explosives for 10 years;

d) Submit regular reports or surprise reports

2. Organizations manufacturing, trading in or using industrial explosives shall buy and sell goods in accordance with volume, quantity and types of industrial explosives prescribed in the licenses issued by competent authorities.

3. The Minister of Industry and Trade shall provide detailed guidance on Clause 1 of this Article.