Nghị định 181/2024/NĐ-CP hướng dẫn Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ về vật liệu nổ công nghiệp và tiền chất thuốc nổ

DECREE

ELABORATION OF SOME ARTICLES OF THE LAW ON MANAGEMENT AND USE OF WEAPONS, EXPLOSIVE MATERIALS AND SUPPORT INSTRUMENTS ON INDUSTRIAL EXPLOSIVE MATERIALS AND EXPLOSIVE PRECURSORS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

Pursuant to the Law on Management and Use of Weapons, Explosive Materials and Support Instruments dated June 29, 2024;

At the request of the Minister of Industry and Trade;

The Government hereby promulgates a Decree on elaboration of some Articles of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments on industrial explosive materials and explosive precursors.

Chapter I

GENERAL

Article 1. Scope

This Decree elaborates some Articles of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments on professional qualifications; training in and issuance of certificates of training in industrial explosive material safety engineering and response to incidents in production and trading of industrial explosive materials; training in and issuance of certificates of training in explosive precursor safety engineering; management and preservation of industrial explosive materials and explosive precursors; procedures for revocation of licenses for or certificates of management and use of industrial explosive materials or explosive precursors.

Article 2. Regulated entities

This Decree applies to agencies, organizations and individuals related to management and use of industrial explosive materials and explosive precursors in Vietnam.

Article 3. Definitions

For the purpose of this Decree, the terms below are construed as follows:

1. “manager” means a person who is assigned by an organization or enterprise producing, trading in or using industrial explosive materials to take responsibility for expertise, techniques and safety in the field of management of industrial explosive materials, except the head of blasting operations.

2. “head of blasting operations” means a person appointed by an organization or enterprise using industrial explosive materials to direct, provide instructions for and organize the use of industrial explosive materials under the approved blasting passport.

3. “blaster” means a person who directly uses industrial explosive materials under the approved blasting passport and follow the directions and instructions of the head of blasting operations.

4. “attendants” directly related to the production, trading and use of industrial explosive materials consist of security guards of warehouses for preserving industrial explosive materials; porters at industrial explosive material warehouses, industrial explosive material transit locations and blasting sites; escorts and drivers of vehicles transporting industrial explosive materials; persons taking samples for testing industrial explosive materials.

5. “person assigned to manage a warehouse or place for storage of industrial explosive materials and explosive precursors” means a person who is assigned by an organization or enterprise producing, trading in or using industrial explosive materials and explosive precursors to take responsibility for the receipt, preservation, storage and release of industrial explosive materials and explosive precursors.

Chapter II

PROFESSIONAL QUALIFICATIONS, TRAINING IN AND ISSUANCE OF CERTIFICATES OF TRAINING IN PRODUCTION, TRADING AND USE OF INDUSTRIAL EXPLOSIVE MATERIALS AND RESPONSE TO INCIDENTS IN PRODUCTION AND TRADING OF INDUSTRIAL EXPLOSIVE MATERIALS

Article 4. Professional qualifications in production, trading and use of industrial explosive materials

1. A manager of an organization or enterprise producing or using industrial explosive materials must obtain at least a bachelor’s degree in one of the following majors: Chemicals; weapons; explosive materials; engineer technical command; mining; mining engineering; geology; construction; transportation; irrigation; geophysics; petroleum.

2. A manager of an enterprise trading in industrial explosive materials must obtain at least a bachelor’s degree in industrial explosive materials.

3. A person who analyzes or tests industrial explosive materials must obtain at least an intermediate diploma in one of the following majors: Chemicals, weapons, explosive materials, engineer technical command, mining, mining engineering, geology or drilling and blasting.

4. A head of blasting operations shall obtain at least an intermediate diploma in a technical major. To be specific:

a) For the majors specified in clause 1 of this Article or drilling and blasting major, the head of blasting operations has directly used industrial explosive materials for at least 01 year in case he/she has a bachelor’s degree or for at least 02 years in case he/she has an intermediate diploma or advanced diploma;

b) For majors other than those specified in point a of this clause, the head of blasting operations has directly used industrial explosive materials for at least 02 year in case he/she has a bachelor’s degree or for at least 03 years in case he/she has an intermediate diploma or advanced diploma.

5. A blaster shall have at least a primary diploma in any of the majors in point a clause 4 of this Article or an intermediate diploma in any of the majors in point b clause 4 of this Article and has performed blasting-related tasks for at least 06 months.

Article 5. Mandatory participants in training in industrial explosive material safety engineering and incident response

1. Managers.

2. Workers who directly manufacture industrial explosive materials.

3. Persons assigned to manage warehouses and places for storage of industrial explosive materials.

4. Heads of blasting operations.

5. Blasters.

6. Attendants who are directly related to the production, trading and use of industrial explosive materials.

7. Persons who analyze and test industrial explosive materials.

Article 6. Power to issue certificates of training in industrial explosive material safety engineering

1. A competent authority prescribed by the Ministry of Industry and Trade which issues certificates of eligibility for producing industrial explosive materials, licenses to trade in industrial explosive materials, licenses to use industrial explosive materials and blasting licenses shall organize examinations and issue certificates of training in industrial explosive material safety engineering to the persons specified in Article 5 of this Decree of organizations and enterprises to which it issues certificates and licenses, except for the entities specified in clause 2 of this Article.

2. An authority assigned by the Ministry of National Defense the task of providing training, organizing examinations and issuing certificates of training shall preside over organizing examinations and issuing certificates of training in industrial explosive material safety engineering to entities of organizations and enterprises producing, trading in, using and transporting industrial explosive materials and providing blasting services under the management of the Ministry of National Defense.

Article 7. Contents of training in industrial explosive material safety engineering and response to incidents in production and trading of industrial explosive materials

1. Contents of training for managers

a) Regulations of law on production, trading and use of industrial explosive materials; list of industrial explosive materials permitted for production, trading and use in Vietnam;

b) Safety requirements when coming into contact with industrial explosive materials; measures for management and techniques for ensuring safety in production, preservation, transport, use, testing and destruction of industrial explosive materials; signs, symbols and hazard signs on their packages, containers and means of transport;

c) Identification of risks, hazards, assessment of risks in terms of security, safety, fire prevention and natural disaster management in production, trading and use of industrial explosive materials;

d) Response to incidents related to production and trading of industrial explosive materials as prescribed in clause 8 of this Article with regard to managers of organizations and enterprises producing and trading in industrial explosive materials

2. Contents of training for workers who directly produce industrial explosive materials

a) Regulations of law on production of industrial explosive materials;

b) Safety requirements when coming into contact with industrial explosive materials, technical specifications of industrial explosive materials being produced;

c) Safety requirements when operating production machines and equipment and safe working methods;

d) Identification of risks and hazards and assessment of risks in terms of security, safety, fire prevention and natural disaster management upon production of industrial explosive materials;

dd) Response to incidents related to production of industrial explosive materials as prescribed in clause 8 of this Article.

3. Contents of training for persons assigned to manage warehouses and places for storage of industrial explosive materials

a) Regulations of law on preservation of industrial explosive materials: requirements for warehouses; means and equipment for assurance of safety, fire prevention, lightning protection and electrostatic control in warehouses for preservation of industrial explosive materials;

b) Composition, characteristics, classification and quality requirements of industrial explosive materials; regulations on testing and inspection and measures for quality assurance of industrial explosive materials; regulations on destruction and methods for destruction of industrial explosive materials; requirements for packaging and labeling of industrial explosive materials;

c) Arrangement and preservation of industrial explosive materials; safety requirements during handling, preservation and transport of industrial explosive materials within warehouses and on means of transport;

d) Process for release, receipt and stocktaking of industrial explosive materials;

dd) Responsibilities of persons assigned to manage industrial explosive material warehouses;

e) Identification of risks and hazards and assessment of risks in terms of security, safety, fire prevention and natural disaster management upon preservation of industrial explosive materials;

g) Response to incidents related to industrial explosive material-related activities as prescribed in clause 8 of this Article with regard to persons assigned to manage industrial explosive material warehouses of organizations and enterprises producing and trading in industrial explosive materials.

4. Contents of training for heads of blasting operations

a) Regulations of law on use of industrial explosive materials; list of industrial explosive materials permitted for production, trading and use in Vietnam;

b) Safety requirements when coming into contact with industrial explosive materials; classification and inspection of quality of industrial explosive materials; regulations on destruction and methods for destruction of industrial explosive materials; requirements for packaging and labeling of industrial explosive materials;

c) Blasting methods; blasting safety measures; effects of blasting on works, environment and human beings; safe distance during blast; blasting plan development; regulations on blast effect surveillance; characteristics of geographical locations, terrain, geology and culture at blasting sites;

d) Method for preparing a blasting passport or typical blasting design and directions for construction of a blasting field under the blasting passport or blasting design;

dd) Preservation of industrial explosive materials at the blasting site;

e) Transport of industrial explosive materials from a warehouse to the blast site and vice versa;

g) Identification of risks and hazards and assessment of risks in terms of security, safety, fire prevention and natural disaster management upon use of industrial explosive materials;

5. Contents of training for blasters

a) Regulations of law on use of industrial explosive materials; list of industrial explosive materials permitted for production, trading and use in Vietnam;

b) Safety requirements when coming into contact with industrial explosive materials; classification and inspection of quality of industrial explosive materials; regulations on destruction and methods for destruction of industrial explosive materials; requirements for packaging and labeling of industrial explosive materials;

c) Blasting methods; blasting safety measures; effects of blasting on works, environment and human beings; safe distance during blast; characteristics of geographical locations, terrain, geology and culture at blasting sites;

d) Doing blasting works: Comprehension of the blasting passport or blasting design; preservation of industrial explosive materials at the blasting site; safety measures during preparation of detonators or initiator mines and loading of ammunition into tube carriers (for blasting in petroleum extraction); mine loading, blast hole charge, blasting network connection; handling of dud mines; blasting methods, working sequence, detonation signals, responsibilities of blasters;

dd) Identification of risks and assessment of risks in terms of security, safety, fire prevention and natural disaster management upon use of industrial explosive materials.

6. Contents of training for attendants who are directly related to the production, trading in and use of industrial explosive materials

a) Regulations of law on use, preservation and transport of industrial explosive materials;

b) Safety requirements when coming into contact with industrial explosive materials;

c) Signs, symbols and hazard signs on packages, containers and means of transport of industrial explosive materials;

d) Methods and measures for preservation of industrial explosive materials in warehouses, at transit locations, on vehicles transporting industrial explosive materials and at blasting sites;

dd) Identification of safety risks upon handling, transport and use of industrial explosive materials and regulations on assurance of security and safety upon transport of industrial explosive materials.

e) Response to incidents related to production and trading of industrial explosive materials as prescribed in clause 8 of this Article with regard to attendants of organizations and enterprises producing and trading in industrial explosive materials.

7. Contents of training for persons who analyze and test industrial explosive materials

a) Regulations of law on management of quality of industrial explosive materials; standards and technical regulations on criteria for assessment of quality of industrial explosive materials;

b) Safety requirements when coming into contact with and preserving industrial explosive materials;

c) Classification and labeling of industrial explosive materials; list of industrial explosive materials permitted for production, trading and use in Vietnam;

d) Methods for inspection and testing; safety measures during inspection and assessment of industrial explosive materials; methods for destruction of industrial explosive materials;

dd) Process for analyzing and testing criteria for assessment of quality of industrial explosive materials;

e) Response to incidents related to production and trading of industrial explosive materials as prescribed in clause 8 of this Article with regard to persons who analyze and test industrial explosive materials of organizations and enterprises producing and trading in industrial explosive materials.

8. Contents of training in response to incidents in production and trading of industrial explosive materials

a) Classification and methods for detection of emergencies; what to do in an emergency;

b) Determination of impacts that may cause danger to human beings, vehicles and equipment at the site; escape positions and escape routes; decisions to be made before evacuation;

c) Methods and measures to be implemented in the event of an accident or incident that threatens security or safety of industrial explosive materials: rescue team contact information; on-site first aid; use of firefighting equipment; contacting and notifying the authority; mobilizing internal and external resources;

d) Methods and measures for response to emergencies;

dd) Investigation into the causes and consequences of an incident;

e) Recovery plan, plan for resumption of machines, equipment or works involved in the incident.

Article 8. Organizing training in industrial explosive material safety engineering and response to incidents in production and trading of industrial explosive materials

1. The competent authority specified in Article 6 of this Decree shall:

a) Draft training documents and organize provision of training for managers in accordance with clause 1 Article 7 of this Decree;

b) Select a qualified trainer according to clause 3 of this Article;

c) Manage and monitor the training in safe techniques for managers of organizations and enterprises producing, trading in and using industrial explosive materials.

2. Organizations and enterprises producing, trading in and using industrial explosive materials shall:

a) Prepare training documents and organize provision of training for the persons specified in Article 5 of this Article, except managers, in accordance with clause 2 through 7 Article 7 of this Decree and, and make sure the training contents are appropriate to the production, trading in and use of industrial explosive materials of organizations and enterprises;

b) Select a qualified trainer according to clause 3 of this Article;

c) Request the competent authority specified in Article 6 of this Decree to provide training, organize examinations and issue certificates of training in industrial explosive material safety engineering to managers; organize examinations and issue certificates of training in safe techniques to the persons specified in Article 5 of this Decree, except managers;

d) Manage and monitor the provision of training in industrial explosive material safety engineering to the persons specified in clauses 2 through 7 Article 5 of this Decree.

3. The trainer in industrial explosive material safety engineering shall have at least a bachelor’s degree in one of the following majors specified in clause 1 Article 4 of this Decree and at least 05 consecutive years’ work experience in techniques and industrial explosive material safety or 03 consecutive years’ experience in state management of industrial explosive materials.

4. Types of training:

a) Initial training: The persons specified in Article 5 of this Decree must be trained and issued with the certificate of training in industrial explosive material safety engineering before they conduct any activity related to the production, trading in or use of industrial explosive materials. Training duration: at least 16 hours for the persons specified in clause 2 through 7 Article 5 of this Decree and at least 12 hours for the persons specified in clause 1 Article 5 of this Decree;

b) Periodic training: the persons specified in Article 5 of this Decree shall be trained every 02 years. Training duration: ½ of the duration of the initial training;

c) Repeated training: The persons specified in Article 5 of this Decree shall participate in repeated training if they fail the examination; blasters, workers who directly manufacture industrial explosive materials that have stopped working for at least 06 months or in case the industrial explosive material manufacture technology or use method is changed. Training duration: ½ of the duration of the initial training.

Article 9. Procedures for providing training, organizing examination, issuance and re-issuance of certificates of training in industrial explosive material safety engineering

1. Provide training, organize examination, issuance of certificates of training in industrial explosive material safety engineering for managers

a) An application for training, examination and issuance of certificate of training in industrial explosive material safety engineering to a manager includes: An application form, which is made using the Form No. 01 in the Appendix to this Decree; list of applicants for training, examination and issuance of certificate of training, which is made using the Form No. 02 to this Decree; 02 photos (3x4 cm) of each of the applicants; copies of diplomas and degrees proving the satisfaction of the regulations set out in clause 1 Article 4 of this Decree;

b) Within 05 working days from the receipt of an adequate and valid application, the authority specified in Article 6 of this Decree shall notify the organization or enterprise submitting the application of the training and examination plan; in case the application is inadequate and invalid, a written explanation shall be provided within 02 working days from the receipt of the application;

c) Within 10 working days from the receipt of the training and examination plan, the authority specified in Article 6 of this Decree shall organize training and examination.

The examination contents shall be appropriate to the training contents specified in Article 7 of this Article; the certificate of training in industrial explosive material safety engineering shall be granted if the applicant’s score is at least 6/10;

d) Within 05 working days from the end of the examination, the authority specified in Article 6 of this Decree shall grant the certificate of training in industrial explosive material safety engineering according to the Form No. 03 in the Appendix to this Decree.

2. Examination and issuance of certificates of training in industrial explosive material safety engineering for persons related to production, trading and use of industrial explosive materials, except managers

a) An application for training, examination and issuance of certificate of training in industrial explosive material safety engineering includes: An application form, which is made using the Form No. 01 in the Appendix to this Decree; list of applicants for training, examination and issuance of certificate of training, which is made using the Form No. 02 to this Decree; 02 photos (3x4 cm) of each of the applicants; training plan; training documents specific to each applicant as specified in point a clause 2 Article 8 of this Decree; copies of diplomas and degrees proving the satisfaction of the regulations set out in clauses 2 and 3 Article 4 and clause 3 Article 8 of this Decree;

b) Within 05 working days from the receipt of an adequate and valid application, the authority specified in Article 6 of this Decree shall notify the organization or enterprise submitting the application of the examination plan; in case the application is inadequate and invalid, a written explanation shall be provided within 02 working days from the receipt of the application;

c) Within 10 working days from the date of notifying the examination plan, the authority specified in Article 6 of this Decree shall organize examination.

The examination contents shall be appropriate to the training contents specified in Article 7 of this Article; the certificate of training in industrial explosive material safety engineering shall be granted if the applicant’s score is at least 6/10;

d) Within 05 working days from the end of the examination, the authority specified in Article 6 of this Decree shall grant the certificate of training in industrial explosive material safety engineering according to the Form No. 03 in the Appendix to this Decree.

3. Re-issuance of a certificate of training in industrial explosive material safety engineering

a) A certificate of training in industrial explosive material safety engineering will be re-issued if the original one is lost or damaged or the information thereon is changed;

b) The validity period of the re-issued certificate of training in industrial explosive material safety engineering is the same as that of the original one;

c) An application for re-issuance of the certificate of training in industrial explosive material safety engineering includes: An application form, which is made using the Form No. 01 in the Appendix to this Decree; list of applicants for re-issuance of certificate of training, which is made using the Form No. 02 to this Decree; 02 photos (3x4 cm) of each of the applicants;

d) Within 03 working days from the receipt of an adequate and valid application, the authority specified in Article 6 of this Decree shall re-issue the certificate of training in safe techniques; in case the application is inadequate and invalid, a written explanation shall be provided within 02 working days from the receipt of the application.

4. The documents prescribed in point a clause 1, point a clause 2, point c clause 3 of this Article shall be submitted in 01 set on the National Public Service Portal or information system for handling of administrative procedures of the Ministry of Industry and Trade with regard to organizations and enterprises under the authority to issue certificates of the Ministry of Industry and Trade or on the information system for handling of administrative procedures of the Ministry of National Defense with regard to organizations and enterprises under the authority to issue certificates of the Ministry of National Defense or information system for handling of administrative procedures of a province or central-affiliated city where an organization or enterprise produces, trades in or uses industrial explosive materials regarding organizations and enterprises under the authority to issue certificates of the Department of Industry and Trade or submitted by post to or in person at the competent authority specified in Article 6 of this Decree.

5. The certificate of training in industrial explosive material safety engineering shall be valid nationwide for 02 years from the date of issue.

Chapter III

TRAINING AND ISSUANCE OF CERTIFICATES OF TRAINING IN EXPLOSIVE PRECURSOR SAFETY ENGINEERING

Article 10. Mandatory participants in training in explosive precursor safety engineering

1. Any person assigned to manage a warehouse or place for storage of explosive precursors must be trained and issued with the certificate of training in explosive precursor safety engineering.

2. In case a person assigned to manage a warehouse or place for storage of explosive precursors has been trained and issued with the certificate of training in industrial explosive material safety engineering, he/she is not required to be trained and granted the certificate of training in explosive precursor safety engineering within the validity period of the certificate of training in industrial explosive material safety engineering.

Article 11. Power to issue certificates of training in explosive precursor safety engineering

1. Specialized agencies affiliated to provincial People’s Committees of provinces and central-affiliated cities shall preside over organizing examination and issuance of certificates of training in safe techniques for entities in their provinces, except for the entities specified in clause 2 of this Article.

2. The authorities assigned by the Ministry of National Defense to take charge of organizing examination and issuance of certificates of training in explosive precursor safety engineering persons assigned to manage warehouses and places for storage of explosive precursors under the management of the Ministry of National Defense.

Article 12. Contents of training in explosive precursor safety engineering

1. Safety requirements when coming into contact with explosive precursors.

2. Regulations of law on preservation of explosive precursors: requirements for warehouses; means and equipment for assurance of safety, fire prevention and fighting in warehouses for preservation of explosive precursors; regulations on lightning protection and electrostatic control in warehouses for preservation of explosive precursors.

3. Composition, characteristics, classification and quality requirements for testing and inspection, measures for ensuring quality of explosive precursors; requirements for packaging and labeling of explosive precursors.

4. Arrangement and preservation of explosive precursors; safety requirements during handling and transport of explosive precursors within warehouses and on means of transport.

5. Process for release, receipt and stocktaking of explosive precursors.

6. Responsibilities of persons assigned to manage warehouses and places for storage of explosive precursors.

Article 13. Organization of training in explosive precursor safety engineering

1. Organizations and enterprises managing explosive precursors shall:

a) Prepare training documents and organize provision of training for persons assigned to manage warehouses and places for storage of explosive precursors in accordance with Article 12 of this Decree and, and make sure the training contents are appropriate to the preservation of explosive precursors of organizations;

b) Select a qualified trainer according to clause 2 of this Article;

c) Request the competent authority mentioned in Article 11 of this Decree to carry out examination and issue the certificate of explosive precursor safety engineering for persons assigned to manage warehouses and places for storage of explosive precursors;

d) Manage and supervise the provision of training for persons assigned to manage warehouses and places for storage of explosive precursors;

dd) Based on the production situation, organizations and enterprises that preserve explosive precursors may combine the training in explosive precursor safety engineering with training in fire prevention and firefighting, and rescue. The training in explosive precursor safety engineering with training in fire prevention and firefighting, and rescue shall be provided under regulations of law on fire prevention and firefighting, and rescue.

2. The trainer in explosive precursor safety engineering shall have at least a bachelor’s degree and have 05 consecutive years’ actual work experience in explosive precursor safety engineering, chemical safety or industrial explosive materials and at least 03 consecutive years’ work experience in explosive precursor safety engineering, explosive precursors or chemicals; have knowledge about regulations of law on explosive precursors.

3. Types of training:

a) Initial training: The persons specified in clause 1 Article 10 of this Decree must be trained before they are assigned to manage warehouses for preservation of explosive precursors. Training duration: at least 12 hours;

b) Periodic training: the persons specified in clause 1 Article 10 of this Decree shall be trained every 02 years. Training duration: ½ of the duration of the initial training;

c) Repeated training: The persons specified in clause 1 Article 10 of this Decree shall participate in repeated training if they fail the examination. Training duration: ½ of the duration of the initial training.

Article 14. Procedures for organizing examination and issuing certificates of training in explosive precursor safety engineering

1. An application for examination and issuance of certificate of training in explosive precursor safety engineering includes: An application form, which is made using the Form No. 01 in the Appendix to this Decree; list of applicants for examination and issuance of certificate of training, which is made using the Form No. 02 to this Decree; 02 photos (3x4 cm) of each of the applicants; training documents specific specified in point a clause 1 Article 13 of this Decree; copies of diplomas and degrees proving the satisfaction of the regulations set out in clause 2 Article 13 of this Decree;

2. Within 05 working days from the receipt of an adequate and valid application, the authority specified in Article 11 of this Decree shall notify the organization submitting the application of the examination plan; in case the application is inadequate and invalid, a written explanation shall be provided within 02 working days from the receipt of the application.

3. Within 10 working days from the date of notifying the examination plan, the authority specified in Article 11 of this Decree shall organize examination.

The examination contents shall be appropriate to the training contents specified in Article 13 of this Article; the certificate of training in explosive precursor safety engineering shall be granted if the applicant’s score is at least 6/10.

4. Within 03 working days from the end of the examination, the authority specified in Article 11 of this Decree shall grant the certificate of training in explosive precursor safety engineering according to the Form No. 03 in the Appendix to this Decree.

5. Re-issuance of a certificate of training in explosive precursor safety engineering

a) A certificate of training in explosive precursor safety engineering will be re-issued if the original one is lost or damaged or the information on the original one is changed;

b) The validity period of the re-issued certificate of training in explosive precursor safety engineering is the same as that of the original one;

c) An application for re-issuance of the certificate of training in explosive precursor safety engineering includes: An application form, which is made using the Form No. 01 in the Appendix to this Decree; list of applicants for re-issuance of certificate of training, which is made using the Form No. 02 to this Decree and 02 photos (3x4 cm) of each of the applicants;

d) Within 03 working days from the receipt of an adequate and valid application, the authority specified in Article 11 of this Decree shall re-issue the certificate of training in explosive precursor safety engineering; in case the application is inadequate and invalid, a written explanation shall be provided within 02 working days from the receipt of the application.

6. The applications prescribed in clause 1, point c clause 5 of this Article shall be submitted on the National Public Service Portal or the information system for handling of administrative procedures of the Ministry of National Defense with regard to organizations and enterprises under the authority to issue certificates of the Ministry of National Defense or information system for handling of administrative procedures of a province or central-affiliated city where an organization or enterprise produces, trades in or uses explosive precursors regarding organizations and enterprises under the authority to issue certificates of the Department of Industry and Trade or submitted by post to or in person at the competent authority specified in Article 11 of this Decree.

7. The certificate of training in explosive precursor safety engineering shall be valid nationwide for 02 years from the date of issue.

Chapter IV

MANAGEMENT AND PRESERVATION OF INDUSTRIAL EXPLOSIVE MATERIALS AND EXPLOSIVE PRECURSORS AND REVOCATION OF LICENSES OR CERTIFICATES OF MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVE MATERIALS OR EXPLOSIVE PRECURSORS

Article 15. Management and preservation of industrial explosive materials

1. Preservation of industrial explosive materials on vehicles, in transit locations and blasting sites shall comply with conditions for security and order, safety, fire prevention and fighting, and rescue as prescribed in technical regulations, national standards and legislative documents concerned.

2. Each industrial explosive material warehouse must satisfy requirements for construction, security and order, safety, fire prevention and fighting, and rescue, lightning protection, electrostatic control and environmental protection as prescribed in technical regulations, national standards and legislative documents concerned.

3. Industrial explosive material warehouses may only be used and managed by organizations and enterprises permitted to manufacture, trade in or use industrial explosive materials or provide blasting services. Investment in, construction, expansion and renovation of industrial explosive material warehouses shall comply with regulations of law on construction investment and management of quality of works, relevant technical regulations and laws.

4. Organizations and enterprises using industrial explosive material warehouses shall:

a) Draft and issue rules and regulations on assurance of security and order, safety, fire prevention and fighting of industrial explosive material warehouses;

b) Deploy security guards 24/7, check and control people and vehicles entering and exiting the warehouses to ensure security, safety, fire prevention and fighting, and rescue;

c) Put up warning signs and instructions signs relevant to safety, fire prevention and fighting;

d) Develop and put up the processes for arrangement, preservation, release and receipt of industrial explosive materials in the warehouses; classify substandard industrial explosive materials as prescribed;

dd) Identify hazards and assess risks to the industrial explosive material warehouses;

e) Develop an emergency response plan; firefighting, and rescue plan; security and order assurance plan and plan or measures for chemical incident prevention and response as prescribed;

g) Provide adequate means and equipment for rescue, fire prevention and fighting in accordance with regulations of law on fire prevention and fighting, and rescue.

Article 16. Management and preservation of explosive precursors

1. Explosive precursors must be preserved in locations which satisfy requirements for security and order, safety, fire prevention and fighting and environmental protection as prescribed in technical regulations, national standards and legislative documents concerned.

2. Each explosive precursor warehouse must satisfy requirements for construction, security and order, safety, fire prevention and fighting, and rescue, lightning protection, electrostatic control and environmental protection as prescribed in technical regulations, national standards and legislative documents concerned.

3. Organizations and enterprises using explosive precursor warehouses shall:

a) Draft and issue rules and regulations on assurance of security and order, safety, fire prevention and fighting of explosive precursor warehouses;

b) Deploy security guards 24/7, check and control people and vehicles entering and exiting the warehouses to ensure security, safety, fire prevention and fighting, and rescue;

c) Put up warning signs and instructions signs relevant to safety, fire prevention and fighting, and rescue;

d) Develop and put up the processes for arrangement, preservation, release and receipt of explosive precursors in the warehouses; classify substandard explosive precursors as prescribed;

dd) Separate explosive precursors from chemicals that can react to each other, or have a suitable firefighting plan;

e) Identify hazards and assess risks to the explosive precursor warehouses;

g) Develop a plan or measures for chemical incident prevention and response; firefighting plan; security and order assurance plan as prescribed by law;

h) Provide adequate means and equipment for fire prevention and fighting, and rescue in accordance with regulations of law on fire prevention and fighting, and rescue.

Article 17. Procedures for revocation of licenses or certificates of management and use of industrial explosive materials or explosive precursors

The license or certificate of management and use of industrial explosive materials or explosive precursors already issued to an organization or enterprise shall be revoked according to clause 5 Article 9 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments. To be specific:

1. The authority issuing the license or certificate of management and use of industrial explosive materials or explosive precursors also has the power to revoke the license or certificate of management and use of industrial explosive materials or explosive precursors already issued to the organization, individual or enterprise.

2. If the revocation is requested by the certificate holder according to cause 1 Article 10 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments, within 03 working days from the date of receiving the application, the authority having the revocation power shall issue a revocation decision according to the Form No. 05 in the Appendix to this Decree.

3. If the organization or enterprise fails to prepare an application for revocation as prescribed in clause 1 Article 10 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments within 30 days from the date on which any of the cases specified in clause 5 Article 9 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments occurs, the authority having the revocation power shall conduct an inspection, make a record, revoke and destroy the license or certificate by an appropriate method.

Chapter V

IMPLEMENTATION CLAUSE

Article 18. Responsibility for implementation

1. Responsibilities of the Ministry of Industry and Trade

a) Preside over and provide guidance on implementation of regulations of law on management and use of industrial explosive materials and explosive precursors;

b) Provide training, organize examination, issue and re-issue certificates of training in industrial explosive material safety engineering under its management;

c) Produce statistics of industrial explosive materials and explosive precursors managed and used nationwide; submit reports to the Government on management and use of industrial explosive materials and explosive precursors nationwide as prescribed;

d) Seek international cooperation in management and use of industrial explosive materials and explosive precursors;

dd) Carry out inspections, settle complaints and denunciations, impose penalties for administrative violations relevant to industrial explosive materials and explosive precursors.

2. Responsibilities of the Ministry of Public Security

a) Organize examination and issuance of certificates of satisfaction of security and order conditions; carry out appraisal, inspection and acceptance in relation to fire prevention and fighting of warehouses and means of transport of industrial explosive materials and explosive precursors of organizations involved in industrial explosive material- or explosive precursor- related activities; conduct inspection and issue licenses to transport industrial explosive materials and explosive precursors to organizations that are not under management of the Ministry of National Defense;

b) Inspect and examine the implementation of regulations of law on security and order, transport, fire prevention and fighting, and rescue by organizations and individuals involved in industrial explosive material- or explosive precursor- related activities under the management of the Ministry of Public Security.

3. Responsibilities of the Ministry of National Defense

a) Provide training, organize examination, issue and re-issue certificates of training in industrial explosive material safety engineering and explosive precursors to the entities under its management as prescribed in this Decree;

b) Carry out inspections, settle complaints and denunciations, impose penalties for administrative violations relevant to industrial explosive materials and explosive precursors under its management.

4. Responsibilities of People’s Committees at all levels

a) Direct authorities assigned to issue and re-issue licenses to use industrial explosive materials, and issued adjusted licenses to use industrial explosive materials, organize training, examination and issue certificates of training in industrial explosive material safety engineering and explosive precursors to the entities under its management as prescribed in this Decree;

b) Carry out inspections, settle complaints and denunciations, impose penalties for administrative violations relevant to management and use of industrial explosive materials and explosive precursors in localities.

Article 19. Effect

1. This Decree comes into force from January 01, 2025.

2. The Government’s Decree No. 71/2018/ND-CP dated May 15, 2018; Chapter III of the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016; Chapter VII of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 are repealed.

Article 20. Transitional clauses

1. In case any unexpired certificate of training in industrial explosive material safety engineering or explosive precursors issued before the effective date of this Decree remains valid, it may be used until its expiry.

2. In case any application for training, examination, issuance or re-issuance of the certificate of training in industrial explosive material safety engineering or explosive precursors is received before January 01, 2025 but is yet to be processed or is being processed by the effective date of this Decree, it may be processed pursuant to the Decree No. 71/2018/ND-CP.

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