Nghị định 56/2023/NĐ-CP sửa đổi Nghị định 96/2016/NĐ-CP, Nghị định 99/2016/NĐ-CP và Nghị định 137/2020/NĐ-CP

DECREE

AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 96/2016/ND-CP DATED JULY 01, 2016 PROVIDING FOR SECURITY AND ORDER CONDITIONS FOR A NUMBER OF CONDITIONAL BUSINESS LINES, DECREE NO. 99/2016/ND-CP DATED JULY 01, 2016 ON MANAGEMENT AND USE OF SEALS AND DECREE NO. 137/2020/ND-CP DATED NOVEMBER 27, 2020 ON MANAGEMENT AND USE OF PYROTECHNICS

Pursuant to the Law on Government Organization dated June 19, 2015; 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 Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on People’s Public Security Force dated November 20, 2018;

At the request of the Minister of Public Security;

The Government hereby promulgates a Decree on amendments to some Articles of the Government’s Decree No. 96/2016/ND-CP dated July 01, 2016 providing for security and order conditions for a number of conditional business lines, Decree No. 99/2016/ND-CP dated July 01, 2016 on management and use of seals and Decree No. 137/2020/ND-CP dated November 27, 2020 on management and use of pyrotechnics.

Article 1. Amendments to some Articles of the Government’s Decree No. 96/2016/ND-CP dated July 01, 2016 providing for security and order conditions for a number of conditional business lines (hereinafter referred to as “Decree No. 99/2016/ND-CP”)

1. Article 9 is amended as follows:

“Article 9. Security and order conditions for pawnshop services

Apart from conditions mentioned in Article 7 of this Decree, a pawnshop service provider must satisfy the following conditions:

Within 05 years preceding the business registration date, the person in charge of security and order of the pawnshop service provider has not faced any administrative penalty for any of the following violations: resistance to law enforcement officers, disturbance of public order, deliberate infliction of injuries, usury, gambling, organization of gambling or gambling-dens, theft, obtaining property by fraud or illegal impoundment of property.”

2. Article 14 is amended as follows:

“Article 14. Certificate of satisfaction of security and order conditions

The certificate of satisfaction of security and order conditions (Form No. 01 in the Annex to this Decree) is a document issued by a competent police authority to business establishments investing in the business lines mentioned in Article 3 of this Decree. The certificate of satisfaction of security and order conditions issued to a business establishment in the form of a physical or electronic document being equally authentic, if the business establishment so requests, issue physical document and electronic document at the same time as the public service portal and the information system for handling administrative procedures of the Ministry of Public Security are completed and put into operation."

3. Points a and b clause 3; point a clause 4 of Article 19 are amended as follows:

a) Points a and b of clause 3 are amended as follows:

“a) The written approval for the acceptance of fire safety conditions granted by the fire police authority for the any of the projects and works on the list stated in Annex V to the Government’s Decree No. 136/2020/ND-CP dated November 24, 2020 providing guidelines for a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting (hereinafter referred to as “the Decree No. 136/2020/ND-CP”);

b) The written record of the inspection of satisfaction of fire safety conditions made by the competent authority responsible for fire safety management for business establishments which are not prescribed in point a clause 3 of this Article but included in Annex I to the Decree No. 136/2020/ND-CP.”

b) Point a of clause 4 is amended as follows:

“a) The curriculum vitae and the police record (except for officials on the payroll of the armed forces) of the person in charge of security and order, who is the holder of Certificate of satisfaction of security and order conditions, are required if he/she is a Vietnamese citizen residing in Vietnam;

The curriculum vitae of the person specified this point on the payroll of by the armed forces must be certified by his/her supervisory authority (except for the business establishment).”

4. Point d clause 1; clause 2 are amended and points 5 and 6 are added to clause 4 of Article 23 as follows:

a) Point d of clause 1 is amended as follows:

“d) If a business establishment has established a branch or affiliate that has any business location other than that of the main business establishment and not managed by the police authority, submit one the application to the competent police authority of the area where the branch or affiliate’s business location exist so as for it to have the responsibility to issue the certificate of satisfaction of security and order conditions and directly manage it.”

b) Clause 2 is amended as follows:

“2. Method of application submission:

A business establishment may choose one of the following methods to submit its application:

a) In person at a competent police authority;

b) Using the public postal service;

c) Through the National Public Service Portal or Public Service Portal of the Ministry of Public Security (except for the documents not permitted to posted online as prescribed by law).”

c) Clauses 5 and 6 are added after clause 4 as follows:

“5. Procedures for following online administrative procedures are specified in the Government’s Decree No. 45/2020/ND-CP dated April 08, 2020.

6. Any business entity which submits an application for issuance or replacement of the certificate of satisfaction of security and order conditions as specified in Articles 19 and 20 and clause 1 Article 21 of this Decree is not required to submit the documents specified in clauses 2, 3 and 4 Article 19; clause 4 of Article 20 and points b and c clause 1 of Article 21 as the regulatory body completes the online connection and sharing of information about the said documents.

The Minister of Public Security shall announce administrative procedures for issuance or replacement of the certificate of satisfaction of security and order conditions as the regulatory body completes the online connection and sharing of information.”

5. Point a clause 1 of Article 21 is amended as follows:

 “a) Issue the certificate of satisfaction of security and order conditions and manage the following business establishments:

Traders in small-size handguns; traders in industrial explosives and explosive precursors (except for industrial explosive and explosive precursor transport service providers); blasting service providers; accommodation establishments rated at 05 stars or above; traders in support instruments; traders in paintball guns (except for paintball shooting service providers); casino service providers; prize-winning electronic games service providers; foreign-invested security service providers and security service providers with functions of providing security guard training courses; business establishments affiliated to Ministry of Public Security.”

6. Clauses 2 and 3 of Article 24 are amended as follows:

“2. Police Offices for Administrative Management of Social Order directly under Police authorities of central-affiliated cities or provinces shall assume the following responsibilities:

a) Issue the certificate of satisfaction of security and order conditions and manage the following business establishments (except for those specified in point a clause 1 of this Article), including traders in pyrotechnics; industrial explosive transport service providers; explosive precursor transport service providers; seal manufacturing establishments; establishments engaging in business lines using industrial explosives; establishments manufacturing, buying and selling military clothes and hats, army badges and insignia of People’s Military Forces and People’s Public Security Forces; betting service providers; printing service providers; accommodation establishments featuring more than 20 rooms; traders in mobile phone jammers; plastic surgery service providers; discotheque business establishments; security service providers; traders in the following machinery and equipment (including parts, components and equipment for manufacturing thereof): radar speed guns; GSM phone trackers and other types of phone trackers; breathanalyzers.

Business establishments affiliated to the Army and for-profit administrative units of central and provincial agencies and organizations under their management.

Other business establishments not specified in point a clause 1 and clause 3 of this Article; business establishments upon the authorization in writing by the Police Department for Administrative Management of Social Order under Ministry of Public Security.

b) Preside over and issue the security guard certificates to qualified security guards who have been trained at professional improvement and training centers that are affiliated to police authorities of provinces or central-affiliated cities.

3. Police authorities of districts affiliated to provinces or central-affiliated cities shall issue certificates of satisfaction of security and order conditions and manage the following business establishments (except for those provided for in point a clause 1, point a clause 2 and clause 4 of this Article), consisting of accommodation establishments featuring 10 to 20 rooms; paintball shooting service providers; karaoke business establishments; massage service providers; pawnshop service providers; traders in warning devices of emergency vehicles; gas business establishments; business establishments other than printing service providers; for-profit administrative units that are affiliated to district-level agencies or organizations and engage in business lines subject to security and order conditions.”

7. Clause 4 is added after clause 3 of Article 24 as follows:

“4. Communal police authorities shall issue the certificate of satisfaction of security and order conditions to the following business establishments: accommodation establishments featuring fewer than 10 rooms, gas business establishments that are household businesses.”

8. Point b clause 1 of Article 32 is amended as follows:

“b) Have a curriculum vitae (Form No. 02 in the Appendix to this Decree).”

9. The phrase “Tổng cục Cảnh sát, Bộ Công an” (“General Department of Police under the Ministry of Public Security”) in clause 4 of Article 37 is replaced with the phrase “Cục Cảnh sát quản lý hành chính về trật tự xã hội, Bộ Công an” (“Police Department for Administrative Management of Social Order under the Ministry of Public Security”).

10. The Form No. 01, Form No. 02, Form No. 03 and Form No. 04 promulgated together with the Decree No. 96/2016/ND-CP are replaced with the Form No. 01, Form No. 02, Form No. 03 and Form No. 04, respectively promulgated together with this Decree.

Article 2. Amendments to some Articles of the Government’s Decree No. 99/2016/ND-CP dated July 01, 2016 on management and use of seals (hereinafter referred to as “Decree No. 99/2016/ND-CP”)

1. Clause 12 of Article 3 is amended as follows:

“12. The certificate of seal sample registration is the seal sample registration authority’s document which certifies an agency, organization or title of the state has registered their seal sample before use and is issued to such agency, organization or title of the state in the form of a physical or electronic document being equally authentic, if the agency, organization or title of the state so requests, issue physical document and electronic document at the same time as the public service portal and the information system for handling administrative procedures of the Ministry of Public Security are completed and put into operation.”

2. Clause 3 of Article 7 is amended as follows:

“3. The Government, Ministries, ministerial agencies, Governmental agencies, General Departments or units equivalent to General Departments.”

3. Clauses 1, 2 and 3 of Article 11 are amended as follows:

“1. Every agency, organization or title of the state shall submit an application for settlement of seal-related procedures specified in Articles 13, 14, 14, 16 and 17 of this Decree to the seal sample registration authority specified in Article 12 of this Decree by adopting any of the following methods:

a) In person at the application receiving department of the seal sample registration authority;

b) Using the public postal service;

c) Through the National Public Service Portal or Public Service Portal of the Ministry of Public Security (except for the documents not permitted to posted online as prescribed by law).

2. The application-processing official shall inspect information and documents in the application and comply with the following provisions:

a) If the application is valid, the application-processing official shall provide a confirmation slip, clearly stating the date of receipt and date of return of result, to the person who is sent by the agency, organization or title of the state to submit the application;

b) If the application is inadequate, the application-processing official shall forthwith notify and instruct the agency, organization or title of the state to complete their application;

c) If the application fails to meet the conditions set out in Article 5 of this Decree, the sample seal registration authority shall give a written response stating its rejection of the application to the agency, organization or title of the state within the time limit specified in clause 7 of this Article.

3. The person who is sent by the agency, organization or title of the state to submit the application as specified in Article 13, Article 14 and clause 1 Article 16 of this Decree shall have a letter of introduction or letter of authorization.”

4. Clause 8 is added after clause 7 of Article 11 as follows:

“8. Procedures for following online administrative procedures are specified in the Government’s Decree No. 45/2020/ND-CP dated April 08, 2020.”

5. Clauses 2 and 3 of Article 16 are amended as follows:

“2. For an agency, organization or title of the state applying for addition of an embossed seal, small-sized seal or wax seal: an application form for seal addition made by the head of the agency, organization or title of the state, clearly stating the reasons and person who is sent to submit the application.

3. For a business organization applying for addition of an embossed seal, small-sized seal or wax seal: an application form for seal addition made by the head of the business organization, clearly stating the reasons and person who is sent to submit the application.”

6. Several phrases specified in the Decree No. 99/2016/ND-CP are replaced and added as follows:

a) The phrase “Cục Cảnh sát quản lý hành chính về trật tự xã hội, Tổng cục Cảnh sát, Bộ Công an” (“Police Department for Administrative Management of Social Order, General Department of Police under Ministry of Public Security”) in clause 1 of Article 12 is replaced with the phrase “Cục Cảnh sát quản lý hành chính về trật tự xã hội, Bộ Công an” (“Police Department for Administrative Management of Social Order under the Ministry of Public Security”).

b) The phrase “và người được cử liên hệ nộp hồ sơ” (“and the person who is sent to submit the application”) is added after the phrase “trong đó nêu rõ lý do” (“clearly stating the reasons”) in clause 1, point a clause 2, point a clause 3 Article 15 and Article 17.

7. Clause 8 of Article 24 is amended as follows:

“8. Any agency or organization which is fully divided, partially divided, merged, consolidated, dissolved or shut down or finishes its tasks or has its establishment and operation license, operation registration certificate or operation license revoked or has its operation suspended or terminated or has found its lost seal after it is invalidated as prescribed in points b, c, d and dd clause 1 Article 18 of this Decree must surrender their seal and certificate of seal sample registration to the authority issuing it and enclose a document clearly stating the reason and the person who is sent to make contact.”

8. The Form No. 01 promulgated together with the Decree No. 99/2016/ND-CP are replaced with the Form No. 01 promulgated together with this Decree.

Article 3. Amendments to some Articles of the Government’s Decree No. 137/2020/ND-CP dated November 27, 2020 on management and use of pyrotechnics (hereinafter referred to as “Decree No. 137/2020/ND-CP”)

1. Clause 4 of Article 10 is amended as follows:

“4. Procedures for issuing a license to export/import fireworks, explosive pyrotechnic composition and firework accessories:

a) An application form, clearly specifying name and address of the organization or enterprise affiliated to the Ministry of National Defense; enterprise ID number; number and date of issue of the certificate of satisfaction of security and order conditions; full name, position, number of Citizen ID card, ID card or passport of the legal representative; type and quantity of fireworks, explosive pyrotechnic composition and firework accessories; means of transport, license plates; checkpoint of export/import, shall be made using the form in the Appendix VI to this Decree;

b) The document mentioned in point a of this clause shall be submitted through the national public service portal or public service portal of the Ministry of Public Security or by post to the Police Department for Administrative Management of Social Order under the Ministry of Public Security. If the organization or enterprise submits the application form directly at the Police Department for Administrative Management of Social Order, the application form shall also include full name and number of Citizen ID card, ID card or passport of its in-charge person;

c) Within 03 working days from the date of receiving the application form, the Police Department for Administrative Management of Social Order under the Ministry of Public Security shall issue the export/import license according to the form in the Appendix I to this Decree; in case of rejection, give a written response clearly stating the reason therefor;

d) The export/import license shall be valid for 60 days."

2. Clause 8 of Article 11 is amended as follows:

“8. Other cases decided by the Ministry of Culture, Sports and Tourism after reaching a written agreement with the Ministry of Public Security or Ministry of National Defense.”

3. Clauses 2 and 3 of Article 12 are amended as follows:

“2. The Minister of Culture, Sports and Tourism shall decide cases in which fireworks are fired according to clauses 7 and 8 Article 11 of this Decree and cases in which firing range or firing duration are altered after reaching a written agreement with the Ministry of Public Security, Ministry of National Defense.

3. Provinces and central-affiliated cities having the need to fire fireworks according to clauses 7 and 8 Article 11 of this Decree or seeking to alter firing range or firing duration of fireworks shall request the Ministry of Culture, Sports and Tourism in writing 30 days before the expected date of firing. The written request must specify quantity, firing range, firing spots, time duration and location where fireworks are expected to be fired.

Within 05 working days from the date on which the written request is received, the Ministry of Public Security, Ministry of National Defense shall give a written response to the Ministry of Culture, Sports and Tourism for consolidation and decision.”

4. Clause 3 of Article 13 is amended as follows:

“3. Procedures for issuing a license to transport fireworks and explosive pyrotechnic composition to an organization or enterprise affiliated to the Ministry of National Defense permitted to manufacture and supply fireworks and explosive pyrotechnic composition to serve firing of fireworks according to Article 11 of this Decree are as follows:

a) An application, including an application form clearly specifying name and address of the organization or enterprise in charge of transport; full name, position and number of Citizen ID card, ID card or passport of the person responsible for transport; type and quantity of fireworks, explosive pyrotechnic composition and firework accessories; means of transport, license plates; transport duration; full name and number of Citizen ID card, ID card or passport of the person operating the means of transport; place of departure, place of destination, transport route, shall be made using the form in the Appendix VIII to this Decree; Copies of order forms of regulatory bodies or export/import licenses of competent authorities are also required. In case of transporting fireworks according to clauses 7 and 8 Article 11 of this Decree, the application shall consist of the decision issued by the Ministry of Culture, Sports and Tourism;

b) Documents specified under point a of this Clause shall be compiled into single application and directly submitted to the General Staff of the Vietnam People's Army;

c) Within 03 working days from the date of receiving a sufficient application, the General Staff of the Vietnam People's Army shall issue the transport license according to the form in the Appendix IV to this Decree. In case of rejection, give a written response clearly stating the reason therefor;

d) The transport license is only eligible for a single transportation instance; return it to the issuing authority within 07 days from the date on which transport is complete.”

5. Clause 1 of Article 15 is amended as follows:

“1. An application form, clearly specifying name and address of the organization or enterprise affiliated to the Ministry of National Defense; enterprise ID number; number and date of issue of the certificate of satisfaction of security and order conditions; full name, position, number of Citizen ID card, ID card or passport of the legal representative; type and quantity of consumer fireworks and consumer firework pyrotechnic composition; means of transport, license plates; checkpoint of export/import, shall be made using the form in the Appendix VI to this Decree.”

6. Clause 4 is added after clause 3 of Article 15 as follows:

“4. The document mentioned in clause 1 of this Article shall be submitted through the national public service portal or public service portal of the Ministry of Public Security or by post to the authority issuing the license to export/import consumer fireworks and consumer firework pyrotechnic composition as specified in clause 2 of this Article. If the organization or enterprise submits the application form directly at the authority issuing the license to export/import consumer fireworks and consumer firework pyrotechnic composition, the application form shall also include full name and number of Citizen ID card, ID card or passport of its in-charge person.”

7. Article 16 is amended as follows:

“Article 16. Procedures for issuing licenses to buy, licenses to transport consumer fireworks for business purposes

1. Procedures for issuance of a license to buy consumer fireworks for business purposes:

a) An application form, clearly specifying name and address of the organization or enterprise affiliated to the Ministry of National Defense; enterprise ID number; number and date of issue of the certificate of satisfaction of security and order conditions; full name, position, number of Citizen ID card, ID card or passport of the legal representative; type and quantity of consumer fireworks; name and address of the organization or enterprise manufacturing and trading in consumer fireworks, shall be made using the form in the Appendix VII to this Decree;

b) The document mentioned in point b of this clause shall be submitted through the national public service portal or public service portal of the Ministry of Public Security or by post to the authority issuing the certificate of satisfaction of security and order conditions to the consumer fireworks to the enterprise trading in consumer fireworks. If the organization or enterprise submits the application form directly at the authority issuing the certificate of satisfaction of security and order conditions, the application form shall also include full name and number of Citizen ID card, ID card or passport of its in-charge person;

c) Within 03 working days from the date of receiving the application form, the authority issuing the certificate of satisfaction of security and order conditions shall issue the license to buy consumer fireworks according to the form in the Appendix III to this Decree; in case of rejection, give a written response clearly stating the reason therefor;

d) The license to buy consumer fireworks shall be valid for 30 days.

2. Procedures for issuing a license to transport consumer fireworks for business purposes

a) An application form, clearly specifying name and address of the organization or enterprise affiliated to the Ministry of National Defense; full name, position and number of Citizen ID card, ID card or passport of the person responsible for transport; type and quantity of consumer fireworks; means of transport, license plates; full name and number of Citizen ID card, ID card or passport of the person operating the means of transport; transport duration; place of departure, place of destination, transport route, shall be made using the form in the Appendix VIII to this Decree;

b) The document mentioned in point a of this clause shall be submitted through the national public service portal or public service portal of the Ministry of Public Security or by post to the authority issuing the certificate of satisfaction of security and order conditions to the organization or enterprise. If the organization or enterprise submits the application form directly at the authority issuing the certificate of satisfaction of security and order conditions, the application form shall also include full name and number of Citizen ID card, ID card or passport of its in-charge person;

c) Within 03 working days from the date of receiving the application form, the authority issuing the certificate of satisfaction of security and order conditions shall issue the license to transport consumer fireworks according to the form in the Appendix IV to this Decree; in case of rejection, give a written response clearly stating the reason therefor;

d) The transport license is only eligible for a single transportation instance; return it to the issuing authority within 07 days from the date on which transport is complete.”

8. Article 18 is amended as follows:

“Article 18. Technical safety training during manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition

1. The following individuals must receive technical safety training during manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition:

a) Managers;

b) Workers directly manufacturing fireworks and explosive pyrotechnic composition;

c) Individuals assigned to manage storage of fireworks and explosive pyrotechnic composition;

d) Firing commanders of fireworks;

dd) Users of fireworks;

e) Individuals guarding and unloading at storage of fireworks and explosive pyrotechnic composition; individuals escorting and operating means of transport of fireworks and explosive pyrotechnic composition.

2. The following individuals must receive technical safety training during manufacturing and trading of consumer fireworks:

a) Managers;

b) Workers directly manufacturing consumer fireworks and consumer firework pyrotechnic composition;

c) Individuals assigned to manage storage of consumer fireworks and consumer firework pyrotechnic composition;

d) Individuals guarding and unloading at storage of consumer fireworks and consumer firework pyrotechnic composition and at consumer fireworks stores; individuals escorting and operating means of transport of consumer fireworks and consumer firework pyrotechnic composition.

3. Training details

a) Regulations of law on manufacturing, managing, preserving and using fireworks and pyrotechnic composition; manufacturing and trading of consumer fireworks;

b) Safety requirements when coming into contact with consumer fireworks, fireworks and pyrotechnic composition; managerial and technical measures for ensuring safety during manufacturing, management, preservation and use of fireworks; destruction of consumer fireworks, fireworks and pyrotechnic composition; danger signs and symbols of packages, containers and means of transport; methods for arrangement and preservation of consumer fireworks, fireworks and pyrotechnic composition; safety requirements during unloading, preservation and transportation within storage and on means of transport;

c) Identification of risks, danger factors and risk assessment regarding security, safety, fire prevention and natural disasters during manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition;

d) Organization of drills in response to incidents occurring during manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition;

dd) Safety requirements when operating manufacturing machinery and equipment and safety working measures;

e) Requirements for storage, devices and equipment ensuring safety, fire prevention, lightning protection and static control of storage;

g) Components, characteristics, classification and quality of consumer fireworks, fireworks and pyrotechnic composition; regulations on testing, inspection and measures to ensure quality of consumer fireworks and fireworks; requirements for packaging and labeling consumer fireworks, fireworks and pyrotechnic composition;

h) Procedures for dispatch, receipt and compilation of inventory of consumer fireworks, fireworks and pyrotechnic composition;

i) Firing methods and measures to ensure safety during firing of fireworks; impact of firing fireworks on constructions, the environment and human beings; identification of separation distance when firing fireworks; development of firing methods for fireworks.

4. Based on the individuals specified in clauses 1 and 2 of this Article, the agency, organization or enterprise competent to provide training specified in clause 7 of this Article shall develop training details and programs appropriate to each individual.

5. Procedures for applying for training:

a) An application for training, including an application form clearly specifying name and address of the agency, organization or enterprise affiliated to the Ministry of National Defense; number of Citizen ID card, ID card or passport of the legal representative; details, quantity of individuals participating in training, time and place of training, shall be made using the form in the Appendix IX to this Decree. Make list of individuals participating in training which specifies: full names, date of birth, position, qualifications,  number of Citizen ID card, ID card or passport and 02 03x04 cm portrait photos in mandated uniforms (photos must be taken within the last 06 months);

b) 01 set of application shall be submitted to the General Department of Defense Industry under the Ministry of National Defense;

c) Within 03 working days from the date of receiving the application, the competent authority shall inspect the application and provide training as prescribed or grant written permission for provision of training to the organization or enterprise.

6. Training shall be provided to the agency, organization or enterprise prescribed in clause 6 of this Article as follows:

a) Develop a training plan, details and program and issue a decision to offer training course and make a report to the General Department of Defense Industry under the Ministry of National Defense;

b) Assign trainers who are qualified to provide training;

c) Within 03 working days from the date on which the General Department of Defense Industry under the Ministry of National Defense issues the decision to offer training course to the individuals specified in points a and d clause 1 and point a clause 2 of this Article, notify the applicant in writing. For the individuals specified in points b, c, dd and e clause 1 and points b, c and d clause 2 of this Article, within 03 working days from the end of the training course, the organization or individual shall request the General Department of Defense Industry affiliated to the Ministry of National Defense in writing to carry out inspection and issue the certificate.

7. The General Department of Defense Industry under the Ministry of National Defense shall preside over and cooperate with relevant agencies in providing training, carrying out inspection and issue the certificate of training in technical safety to the individuals specified in points a and d clause 1 and point a clause 2 of this Article. Any organization or enterprise which is permitted to research, manufacture, export, import or provide fireworks, explosive pyrotechnic composition and organization or enterprise which is permitted to manufacture and trade in consumer fireworks shall provide training and make a report to the General Department of Defense Industry which will carry out inspection and issue the certificate of training in technical safety to the individuals specified in points b, c, dd and e clause 1 and points b, c and d clause 2 of this Article.

8. The certificate of training in technical safety shall be issued using the form specified in the Appendix V to this Decree and valid for 4 years.”

9. Article 22 is amended as follows:

“Article 22. Responsibilities of Ministry of Culture, Sports and Tourism

1. Supervise, inspect and submit a consolidated report on firing of fireworks by local authorities to the Prime Minister to provide ministries and local governments with directions for organizing firing of fireworks.

2. Preside over and cooperate with the Ministry of National Defense, Ministry of Public Security and People’s Committees of provinces and central-affiliated cities in directing the firing of fireworks as prescribed in clauses 7 and 8 Article 11 of this Decree.”

10. The Appendices I, II, III and IV to the Decree No. 137/2020/ND-CP are replaced with the Appendices I, II, III and IV to this Decree.

11. Appendices VI, VII, VIII and IX below are added after the Appendix V to the Decree No. 137/2020/ND-CP:

a) Appendix VI - Application form for license to export/import fireworks, explosive pyrotechnic composition, firework accessories, consumer fireworks and consumer firework pyrotechnic composition;

b) Appendix VII - Application form for license to buy consumer fireworks for business purposes;

c) Appendix VIII - Application form for license to transport fireworks, explosive pyrotechnic composition and consumer fireworks;

d) Appendix IX – Application form for license to provide training in technical safety during manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition.

Article 4. Effect and transition clause

1. This Decree comes into force from August 15, 2023.

2. Any certificate of satisfaction of security and order conditions or security guard certificate issued before the effective date of this Decree shall remain effective; in case of replacement or re-issuance thereof after the effective date of this Decree, regulations of this Decree shall be complied with.

3. Any application for issuance, replacement or re-issuance of the certificate of satisfaction of security and order conditions which has been received and is being considered to be processed under the Decree No. 96/2016/ND-CP shall be processed under the Decree No. 96/2016/ND-CP and the certificate of satisfaction of security and order conditions shall be issued using the form specified in this Decree.

4. Any application for re-registration of seal sample, application for addition of seal or application for replacement or re-issuance of the certificate of seal sample registration which has been received and is being considered to be processed under the Decree No. 99/2016/ND-CP shall be processed under the Decree No. 99/2016/ND-CP.

5. Any application for license to export/import/transport fireworks, explosive pyrotechnic composition and firework accessories; export/import/buy/transport consumer fireworks, consumer firework pyrotechnic composition; application for training in technical safety during manufacturing, management, preservation and use of consumer fireworks, fireworks and pyrotechnic composition which has been received and is being considered to be processed under the Decree No. 137/2020/ND-CP shall be processed under Decree No. 137/2020/ND-CP and the license shall be issued using the form prescribed in this Decree.

Article 5. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree and announce administrative procedures as prescribed within their jurisdiction.

Bài viết liên quan