Chương III Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2024 số 42/2024/QH15: Quản lý, sử dụng vật liệu nổ

Chapter III

MANAGEMENT AND USE OF EXPLOSIVES

Article 32. Research into, fabrication, production, preservation and use of military explosive materials

1. The research into, fabrication, production and preservation of military explosive materials by organizations and enterprises under the Ministry of National Defense and Ministry of Public Security shall comply with regulations of the Law on the National Defense and Security Industry and Industrial Mobilization and regulations of this Law.

2. The research into, fabrication, production or preservation of military explosive materials shall fully satisfy the following conditions:

a) The Minister of National Defense or Minister of Public Security assigns the tasks of research into, fabrication, production or preservation of military explosive materials;

b) It is required to establish a management and safe technique system through which the commander shall provide directions and assign qualified and experienced persons to take responsibility for adopting safe techniques in each department or position facing high risks of fire incidents;

c) A plan to ensure security, order, fire prevention and fighting and environmental protection shall be tailor for each research and production establishment, warehouse, loading and unloading area and vehicle. Regular fire and rescue drills shall be conducted. Warehouses of military explosive materials must be designed and constructed in accordance with regulations in clause 2 Article 8 of this Law.

3. The Minister of National Defense and Minister of Public Security shall stipulate the use of military explosive materials under their management.

Article 33. Transport of military explosive materials

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

a) A transport order or transport license issued by a competent authority or person is required;

b) Confidentiality and safety must be ensured;

c) Military explosive materials shall be transported by specialized vehicles in accordance with conditions for transport of military explosive materials and safety, fire prevention and fighting and environmental protection requirements;

d) Military explosive materials and persons must not be transported in a vehicle, except for the vehicle operator and escort;

dd) Vehicles transporting military explosive materials must not stop or park in crowded places, residential areas, petrol filling stations or in the vicinity of works of national defense, security, economic, cultural and diplomatic significance. In case of a night rest or incident resulting in the lack of guards, the vehicle operator or escort must immediately inform the nearest military authority or police authority for cooperation and protection as may be necessary.

2. Procedures for issuing a license to transport military explosive materials to an entity not under the management of the Ministry of National Defense are as follows:

a) An application form, explicitly stating the name and address of the authority, organization or enterprise; reasons; weight of military explosive materials to be transported; full names, personal identification number or passport number of the contacting person, the vehicle operator and the escort; transport vehicle, its license plate; time of transport, place of departure, place of arrival, route of transport;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the transport license; in case of rejecting the application form, a written explanation shall be provided;

d) The license to transport military explosive materials shall be valid for a period of 30 days;

dd) If the military explosive materials are transported using multiple vehicles of the same type during a trip, only 01 transport license shall be issued; if transported using multiple types of vehicles, 01 transport license shall be issued to each type of vehicle.

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

Article 34. Research into, production, trading, import and export of industrial explosive materials

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

a) Industrial explosive materials shall be researched, developed and tested by science and technology organizations or producers of industrial explosive materials on the basis of science and technology tasks organized in the form of research programs, themes, projects and tasks according to functions of the science and technology organizations and in other forms in accordance with regulations of law on science and technology;

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

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

a) The producer of industrial explosive materials shall be a state-owned enterprise or wholly state-owned enterprise that is assigned tasks by the Prime Minister at the request of the Minister of Industry and Trade, Minister of Public Security or Minister of National Defense;

b) The producer of industrial explosive materials shall maintain security and order; managers, employees and attendants directly engaged in the production of industrial explosive materials shall have appropriate qualifications and undergo training in safe techniques for industrial explosive materials and professional training in fire prevention and fighting and response to incidents in activities related to production of industrial explosive materials;

c) Appropriate measuring equipment shall be sufficient to be used for inspecting and supervising technical parameters and inspecting quality of materials and finished products in the production process. Separate and safe areas for testing shall be provided as prescribed in standards and technical regulations;

d) Industrial explosive materials shall be classified and labeled in accordance with regulations of law;

dd) Producers of industrial explosive materials shall only purchase explosive materials for the purpose of research into and production of explosives and explosive accessories; sell right types of products to traders of industrial explosive materials.

3. The trading in industrial explosive materials shall comply with the following regulations:

a) The trader of industrial explosive materials shall be a state-owned enterprise or wholly state-owned enterprise that is assigned tasks 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, terminals, loading and unloading areas of industrial explosive materials shall satisfy conditions for security and order; maintain a safe distance from works and objects to be protected;

c) Warehouses, equipment for loading and unloading industrial explosive materials, equipment and tools in service of trading in industrial explosive materials shall be designed and constructed in an appropriate manner, satisfying requirements for preservation and transport of industrial explosive materials, fire prevention and fighting; in the absence of any warehouse or vehicle, a written lease contract with an organization or enterprise allowed to preserve and transport industrial explosive materials is required;

d) The trader of industrial explosive materials shall maintain security and order; managers, employees and attendants directly engaged in the trading in industrial explosive materials shall have appropriate qualifications and undergo training in safe techniques for industrial explosive materials and professional training in fire prevention and fighting and response to incidents in activities related to trading in industrial explosive materials;

dd) The trader of industrial explosive materials shall only trade in the industrial explosive materials included in the list of industrial explosive materials permitted for production, trading and use in Vietnam; is entitled to purchase industrial explosive materials from organizations and enterprises allowed to use industrial explosive materials but do not fully use them. The trading shall strictly comply the regulations enshrined in the trading license.

4. Industrial explosive materials shall be exported or imported as follows:

a) Any enterprise permitted to trade in industrial explosive materials is also permitted to export or import industrial explosive materials;

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

c) The trust for import of industrial explosive materials shall only be established between the organization or enterprise permitted to produce or trade in the industrial explosive materials or the organization or enterprise permitted to use the industrial explosive materials and the enterprises permitted to trade in the industrial explosive materials.

5. The Minister of Industry and Trade shall specify the documentation and procedures for registration or additional registration of industrial explosive materials for research, development, testing, assessment and recognition of results of registration of industrial explosive materials in the stage of research, development, testing and production or industrial explosive materials imported into Vietnam for the first time in the list of industrial explosive materials permitted for production, trading and use in Vietnam.

6. The Government shall prescribe qualifications; training in safe techniques for industrial explosive materials and response to incidents related to production and trading of industrial explosive materials.

Article 35. Procedures for issuing certificates of eligibility for producing industrial explosive materials

1. An application for issuance of a certificate of eligibility for producing industrial explosive materials shall consist of:

a) It is required to submit an application form, explicitly stating the name and address of the organization or enterprise; reasons; full name, address, personal identification number or passport number of the legal representative; number of the decision on establishment of the organization or enterprise or number of enterprise registration certificate; number of certificate of satisfaction of security and order conditions; number of the decision issued by the Minister of Industry and Trade to recognize result of registration industrial explosive materials and inclusion of these industrial explosive materials in the list of industrial explosive materials permitted for production, trading and use in Vietnam in respect of new industrial explosive materials produced and used in Vietnam; number of the environmental license. For the organization or enterprise under the Ministry of National Defense, an application form of the Ministry of National Defense or the authority tasked with managing industrial explosive materials by the Ministry of National Defense is required;

b) A copy of the written assignment of production of industrial explosive materials issued by the Prime Minister, except where the organization or individual has been granted permission for research into, development and testing of industrial explosive materials as prescribed in clause 1 Article 34 of this Law;

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

d) A copy of the certificate of assessment of equipment subject to strict requirements for occupational safety and measuring equipment, testing results of technical criteria for explosive materials;

dd) Documents proving the assurance about product safety and quality, layout and technology lines; electrical and lightning protection systems; results of acceptance of construction works.

2. Where an organization or enterprise that is producing industrial explosive materials applies for the change of its name without any change in production conditions, it shall submit an application for adjustment of the certificate of eligibility for producing industrial explosive materials. The application is composed of an application form; a copy of the decision to grant permission for change of the organization’s or enterprise’s name.

3. If a producer of industrial explosive materials improves and upgrades its infrastructure and equipment used for producing industrial explosive materials without decrease in the requirements for premises, technology and conditions for fire and explosion prevention and safe techniques of licensed technology lines prescribed in standards and technical regulations, it shall, after the improvement and upgradation, submit an application form for re-issuance of the certificate of eligibility for producing industrial explosive materials, which contains results of improvement and upgradation of its infrastructure and equipment for production of industrial explosive materials.

4. If a producer of industrial explosive materials is involved in an incident resulting in damage to its production line, it shall, after obtaining the result of investigation into this incident and restoring the production line, prepare a technical dossier on the repair and restoration and submit an application form for re-issuance of the certificate of eligibility for producing industrial explosive materials, which contains results of repair and restoration of the production line.

5. The application and documents prescribed in clauses 1, 2, 3 and 4 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person;

6. Within 05 working days from the date of receiving the application in full, the competent authority shall examine it, carry out a site inspection and issue the certificate of eligibility for producing industrial explosive materials; in case of rejecting the application, a written explanation shall be provided.

Article 36. Procedures for issuing licenses to trade in industrial explosive materials

1. An application for issuance of a license to trade in industrial explosive materials shall consist of:

a) It is required to submit an application form, explicitly stating the name and address of the enterprise; reasons; full name, personal identification number or passport number of the legal representative; number of the decision on establishment of the enterprise or number of enterprise registration certificate; number of certificate of satisfaction of security and order conditions; list of leaders and managers directly involved in the preservation, transport and trading of industrial explosive materials; number of the certificate of standards, measurement and measuring quality (if any) issued to the facility experimenting on industrial explosive materials by the regulatory body. For the enterprise under the Ministry of National Defense, an application form of the Ministry of National Defense or the authority tasked with managing industrial explosive materials by the Ministry of National Defense is required;

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

2. Where the license to trade in industrial explosive materials is lost or damaged or the scope of trading specified therein is changed, the enterprise shall apply for re-issuance of the license. An application for re-issuance of the license to trade in industrial explosive materials is composed of a report on trading of industrial explosive materials according to the issued license and the documents mentioned in clause 1 of this Article.

3. The application prescribed in clauses 1 and 2 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

4. Within 05 working days from the date of receiving the application in full, the competent authority shall examine it, carry out a site inspection and issue the license to trade in industrial explosive materials; in case of rejecting the application, a written explanation shall be provided.

Article 37. Procedures for issuing licenses to export or import industrial explosive materials

1. An application for issuance of a license to export or import industrial explosive materials shall consist of:

a) An application form, explicitly stating the name and address of the enterprise; number of the trading license; reasons; quantity, types and country of production; border checkpoint; transport vehicle, time of transport; name, personal identification number or passport number of the legal representative;

b) A copy of the contract for purchase and sale of industrial explosive materials signed with the foreign enterprise; contract for purchase and sale of industrial explosive materials signed with the foreign enterprise signed with the domestic enterprise.

2. The application prescribed in clause 1 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

3. Within 05 working days from the date of receiving the application in full, the competent authority shall issue the license to export or import industrial explosive materials; in case of rejecting the application, a written explanation shall be provided.

4. The license to export or import industrial explosive materials shall be valid for a period of 06 months.

Article 38. Use of industrial explosive materials

1. Any user of industrial explosive materials shall satisfy the following conditions:

a) It is established in accordance with regulations of law, has obtained an enterprise registration certificate or registered its business lines or industries involving industrial explosive materials;

b) The industrial explosive materials need to be used for its mineral exploration and mining, oil and gas exploration and production; construction of works, research and testing; handling of incidents, recovery from disasters or performance of tasks assigned by competent authorities as prescribed by law;

c) Warehouses, technology, equipment, vehicles and tools which satisfy standards and technical regulations shall be in place to facilitate the use of industrial explosive materials. If there is no warehouse or vehicle, a lease contract or a document stating the intention to conclude a contract with an organization or enterprise that has suitable warehouses or vehicles for preservation and transport in accordance with regulations of this Law is required;

d) Places where industrial explosive materials are used shall satisfy conditions for security, order, fire prevention and fighting, environmental hygiene; maintain a safe distance from works and objects to be protected as prescribed in standards, technical regulations and relevant regulations;

dd) The user of industrial explosive materials shall satisfy security and order conditions; managers, heads of blasting operations, blasters and persons directly engaged in the use of industrial explosive materials shall have appropriate qualifications and undergo training in safe techniques for industrial explosive materials and professional training in fire prevention and fighting and response to incidents in activities related to the use of industrial explosive materials;

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 and extraction of stone slabs.

2. Any user of industrial explosive materials shall comply with the following regulations:

a) The user shall only purchase the industrial explosive materials included in the list of industrial explosive materials permitted for production, trading and use in Vietnam, except for traders of industrial explosive materials;

b) Industrial explosive materials which are redundant or no longer needed shall be sold to traders of industrial explosive materials or destroyed according to regulations imposed by the Minister of Industry and Trade;

c) The head of blasting operations shall be appointed; standards and technical regulations on safety in the use of industrial explosive materials upon blasting;

d) It is required to formulate a blasting plan appropriate to the production scale and natural and social conditions of the place of blasting. The blasting plan shall specify measures for ensuring safety, protecting and guarding areas of blasting from illegal penetration; procedures for giving warnings and starting the blasting process; procedures for preserving explosive materials and supervising the consumption and destruction of industrial explosive materials at places of blasting and other contents as prescribed in standards and technical regulations.

In case the blasting is carried out in residential areas, health facilities, areas where historical and cultural sites/monuments exists, natural reserves, works of security and national defense, other works of national significance or other protected areas in accordance with regulations of law, the blasting plan shall be approved by the authority issuing licenses to use industrial explosive materials and obtain a written permission from the People’s Committee of the province or the regulatory authority on the basis of monitoring and assessing impacts of blasting on works and objects to be protected within the affected area of the blast;

dd) The organization or enterprise issued with the license to use industrial explosive materials by the Ministry of Industry and Trade or Ministry of National Defense shall notify the provincial People’s Committee in writing at least 10 days before the activities specified in its license are carried out.

3. The Government shall prescribe qualifications; training in safe techniques in the use of industrial explosive materials.

Article 39. Procedures for issuing licenses to use industrial explosive materials

1. An application for issuance of a license to use industrial explosive materials to an organization or enterprise not under the management of the Ministry of National Defense shall consist of:

a) An application form, explicitly stating the name and address of the organization or enterprise; reasons; quantity, types; full name, personal identification number or passport number of the legal representative; number of the decision on establishment of the organization or enterprise or number of enterprise registration certificate; number of certificate of satisfaction of security and order conditions;

b) A copy of the mineral exploration and mining license or gas and oil exploration and production license applicable to the enterprise operating in the areas of minerals or gas and oil; a copy of the decision on winning the construction contract, a copy of the contract for undertaking contract package or a document authorizing or assigning execution of the construction contract issued by the organization managing the enterprise, a document issued by the competent authority stating that the industrial explosive materials need to be used to perform the assigned tasks.

c) Designs and construction drawings of work items, mining designs or mineral exploration project involving industrial explosive materials in the case of  industrial-scale works; construction and mining plan in the case of manual construction or mining activities. Designs or plans approved by the investor shall satisfy safety conditions prescribed in standards and technical regulations;

d) The blasting plan approved by the leader of the organization or enterprise.

In case the blasting is carried out in residential areas, health facilities, areas where historical and cultural sites/monuments exists, natural reserves, works of security and national defense, other works of national significance or other protected areas in accordance with regulations of law, the written approval of the blasting plan from the authority issuing licenses to use industrial explosive materials and written consent to the blasting plan from the provincial People’s Committee or regulatory authority must be obtained;

dd) A copy of the acceptance record on fire prevention and fighting in industrial explosive material warehouses and safety conditions prescribed in standards and technical regulations;

e) Where the applicant for the license to use industrial explosive materials has no warehouses or transport vehicles, the application must include a document specifying its intention to conclude a contract for hiring warehouses or transport vehicles with an organization owning warehouses or transport vehicles that satisfy preservation and transport conditions as prescribed by this Law;

g) The decision on appointment of head of blasting operations issued by the organization’s or enterprise’s leader and the list of blasters and persons directly involved in the use of industrial explosive materials; work permits of foreign employees involved in the use of industrial explosive materials (if any); copies of professional certificates and certificates of training in safe techniques for use of industrial explosive materials of the head of blasting operations and blasters;

2. Where the license to use industrial explosive materials is lost, damaged or expired and there is no change to the scope of operation, the organization or enterprise shall apply for re-issuance of the license. An application includes the application form mentioned in point a clause 1 of this Article; a report on the use of industrial explosive materials within the effective period of the issued license.

3. Where there is a change to the scope of operation or conditions for use of industrial explosive materials, the organization or enterprise shall apply for adjustment of the license to use industrial explosive materials. An application includes a report on the use of industrial explosive materials within the effective period of the issued license and the documents specified in clause 1 of this Article proving the change to the scope of operation or conditions for use of industrial explosive materials.

4. If the organization or enterprise satisfies the conditions prescribed in points b and dd clause 1 Article 38 of this Law but does not carry out blasting itself, it may sign a contract with a blasting service provider.

5. The applications prescribed in clauses 1, 2 and 3 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

6. Within 05 working days from the date of receiving the application in full, the competent authority shall examine it, carry out a site inspection and issue the license to use industrial explosive materials; in case of rejecting the application, a written explanation shall be provided.

7. The effective period of a license to use industrial explosive materials shall be the same as that of the mineral exploration license but not exceed 04 years; as that of the mineral mining license but not exceed 05 years; based on the construction period in the case where industrial explosive materials are used for construction of works, testing or oil and gas-related activities and other activities assigned by the competent authority but not exceed 02 years.

8. Procedures for issuing licenses to use industrial explosive materials to organizations and enterprises under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 40. Blasting services

1. Forms of and requirements for blasting services are as follows:

a) Blasting service means the use of industrial explosive materials for execution of a blasting contract between a blasting service provider and an organization or individual in need of such service as prescribed by this law. Blasting services include local blasting services on the mainland of a province or central-affiliated city; blasting services on the continental shelf; blasting services in the entire territory of the Socialist Republic of Vietnam;

b) Quantity, operating scope and scale of the blasting service provider shall be appropriate to the tasks and needs of concentrated construction, mineral extraction activities and particular socio-economic conditions of each locality;

c) The regulatory authority in charge of industrial explosive materials shall appoint and compel an entity to provide blasting services in areas and places subject to specific requirements for security, social order and safety.

2. Conditions to be satisfied by, rights and obligations of a blasting service provider are as follows:

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

b) The provider is eligible for using, preserving and transporting explosive materials in accordance with regulations of this Law. Its infrastructure, techniques and personnel are enough to provide blasting services to service hirers;

c) The provider has rights and responsibilities prescribed in this Law and other relevant regulations of law when using, preserving and transporting industrial explosive materials to provide blasting services.

3. A hirer of blasting services has the following rights and responsibilities:

a) The hirer is not required to obtain the license for the industrial explosive material-activities for which blasting services have been hired;

b) It is permitted to hire up to 02 enterprises having the blasting license to provide one type of blasting service in an area where the blasting needs to be carried out and a written agreement on the permissible scope of the blasting service and safe blasting method between the hirer and the blasting service provider must be reached with the participation of the representative of the authority managing industrial explosive materials in the locality where the service is used;

c) When preserving, transporting and using industrial explosive materials, the hirer shall be subject to the management by the blasting service provider in specific activities;

d) The hirer shall cooperate with and assist the blasting service provider in issues concerning security and safety in industrial explosive material-related activities.

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

a) An application form, explicitly stating the name and address of the organization or enterprise; reasons; full name, personal identification number or passport number of the legal representative; number of the decision on establishment of the organization or number of enterprise registration certificate; number of certificate of satisfaction of security and order conditions. For the enterprise under the Ministry of National Defense, an application form of the Ministry of National Defense or the authority tasked with managing industrial explosive materials by the Ministry of National Defense is required;

b) An application form for issuance of blasting service license submitted by the provincial People’s Committee in the case of a local blasting service on the mainland of a province or central-affiliated city; application form for issuance of blasting service license submitted by the competent authority specified by the Minister of Industry and Trade in the case of a blasting service on the continental shelf or blasting service in the entire territory of the Socialist Republic of Vietnam;

c) A blasting service project 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 in the provision of blasting services; a copy of the license to use industrial explosive materials or blasting service license and typical blasting plan implemented for 02 years prior to the date of applying for the blasting service license; documents prescribed in points dd, e and g clause 1 Article 39 of this Law;

d) Where the enterprise has obtained a license to trade in industrial explosive materials, the application shall exclude the documents prescribed in point b of this clause and point dd clause 1 Article 39 of this Law.

5. If the blasting service license is lost, damaged or expired, the enterprise shall apply for re-issuance of the license; if there is a change to the scope of blasting service, the enterprise shall apply for adjustment of the license. An application includes an application form for re-issuance or adjustment of the blasting service license; a report on the provision of blasting services within the effective period of the previously issued license.

6. The applications prescribed in clauses 4 and 5 of this Article shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Industry and Trade or by post to the competent authority specified by the Minister of Industry and Trade; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person.

7. Within 05 working days from the date of receiving the application in full, the competent authority shall examine it, carry out a site inspection and issue the blasting service license; in case of rejecting the application, a written explanation shall be provided.

8. The blasting service license shall be valid for a period of 02 years.

9. Any enterprise issued with the blasting service license shall send a written notification to the People’s Committee of the province and People’s Committee of the commune where the blasting is carried out at least 10 days and 24 hours respectively before providing blasting services.

Article 41. Transport of industrial explosive materials

1. An organization or enterprise transporting industrial explosive materials shall fully satisfy the following conditions:

a) It is permitted to produce, trade in and use industrial explosive materials or has registered its goods transport as a business line;

b) Vehicles used for transporting industrial explosive materials shall satisfy all conditions prescribed in standards and technical regulations on safety in industrial explosive material-related activities; satisfy conditions for safety and fire prevention and fighting;

c) Managers, vehicle operators, escorts and attendants directly engaged in transport of industrial explosive materials must have qualifications and undergo professional training in safe techniques and fire prevention and fighting;

d) It has the license to transport industrial explosive materials; symbols showing that vehicle is transporting industrial explosive materials.

2. The transport of industrial explosive materials shall comply with the following regulations:

a) The regulations set out in the license to transport industrial explosive materials shall be complied with;

b) The condition of industrial explosive materials must be checked before departure or after stopping or parking vehicles and immediately deal with any incident that occurs;

c) There shall be a plan to ensure safe transport and fire prevention and fighting; measures for responding to emergency incidents;

d) Sufficient procedures for delivering and receiving goods and documents related to industrial explosive materials shall be followed;

dd) Industrial explosive materials and persons must not be transported in a vehicle, except for the vehicle operator and escort;

e) Vehicles transporting industrial explosive materials must not stop or park in crowded places, residential areas, petrol filling stations or in the vicinity of works of national defense, security, economic, cultural and diplomatic significance; the transport is not permitted in case of unpredictable weather.  In case of a night rest or incident resulting in the lack of guards, the vehicle operator or escort must immediately inform the nearest military authority or police authority for cooperation and protection as may be necessary.

3. Procedures for issuing a license to transport industrial explosive materials to an entity not under the management of the Ministry of National Defense are as follows:

a) It is required to submit an application form, explicitly stating the name and address of the authority, organization or enterprise; full names, personal identification number or passport number of the legal representative, the vehicle operator and the escort; reasons; number of dispatch order or invoice, weight, quantity and types of industrial explosive materials to be transported; place of departure, place of destination, time and route of transport; transport vehicle, its license plate; number of the driver’s license. If there is any change to information on the transport license, the applicant for adjustment of the license must prepare an application form, clearly stating the adjustments to the license;

b) The application form prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form must include full name, personal identification number or passport number of the contacting person;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue or adjust the transport license; in case of rejecting the application form, a written explanation shall be provided;

d) The license to transport industrial explosive materials shall be valid for a period of 30 days and for a single shipment only; in case the quantity of industrial explosive materials specified in the transport license is not used up, the user and the transporter must make a record confirming the remaining quantity of industrial explosive materials and use the issued transport license to transport back to the supplier’s or user’s warehouse. After completing the transport, the authority issuing the transport license must be informed in writing.

4. If the industrial explosive materials are transported using multiple vehicles of the same type during a trip, only 01 transport license shall be issued; if transported using multiple types of vehicles, 01 transport license shall be issued to each type of vehicle.

5. If the industrial explosive materials are transported inside a mine, a construction site or an establishment producing or preserving industrial explosive materials on the routes which do not intersect public waterways or roads, the license to transport industrial explosive materials is not required but the regulations prescribed in points b, c, d, dd and e clause 2 of this Article shall be complied.

6. As the requirements for ensuring security, social order and safety in national activities or activities in areas subject to special requirements for ensuring security and safety are laid down, the competent authority under the Ministry of Public Security shall decide to suspend the issuance of licenses to transport industrial explosive materials or suspend these licenses.

7. The Minister of National Defense shall prescribe the issuance, adjustment, revocation and suspension of issuance of orders for transport of industrial explosive materials for the state-owned organizations and enterprises under the Ministry of National Defense and enterprises holding controlling shares or contributed capital of state-owned organizations and enterprises under the Ministry of National Defense.

Article 42. Responsibilities of organizations and enterprises for management and use of industrial explosive materials

1. Each organization or enterprise managing or using industrial explosive materials has the responsibility to:

a) Obtain licenses, certificates or approvals from competent authorities;

b) Inspect safety, analyze risks to safety, formulate an emergency rescue plan, issue internal regulations, regulations on and procedures for ensuring security, safety, fire prevention and fighting and environmental protection in industrial explosive material-related activities. Each user of industrial explosive materials shall formulate a blasting plan and blasting passport;

c) Preserve and archive books and documents for each type of industrial explosive material for a period of 10 years;

d) Submit periodic and ad hoc reports.

2. Organizations and enterprises producing, trading in and using industrial explosive materials are only to sell and purchase industrial explosive materials in the weight and quantity and of the types prescribed in the licenses issued by competent authorities.

3. The Minister of Industry and Trade shall elaborate upon the assessment of safety risks, formulation of blasting plans, blasting passports, emergency rescue plans and periodic and ad hoc reporting regimes as specified in clause 1 of this Article.