Chương III Nghị định 77/2016/NĐ-CP sửa đổi quy định về điều kiện đầu tư kinh doanh trong lĩnh vực mua bán hàng hóa quốc tế, hóa chất, vật liểu nổ công nghiệp, phân bón, kinh doanh khí, kinh doanh thực phẩm thuộc phạm vi quản lý nhà nước của Bộ Công thương: Lĩnh vực vật liệu nổ công nghiệp

Chapter III

INDSUTRIAL EXPLOSIVES

Article 10. Amendments to Points a, b and c Clause 3 Article 11 of the Government’s Decree No. 76/2014/ND-CP dated July 29, 2014 detailing certain articles of the Ordinance on amendments to the Ordinance on management and use of weapons, explosive materials and combat gears

“3. Technical facilities:

a) The warehouse or port where explosive precursors are unloaded must comply with regulations on security and safety; have fire safety equipment and satisfy fire prevention and fighting conditions as prescribed by the Law on fire prevention and fighting; ensure a safe distance to the entities and objects that need protection under applicable standards, regulations of law on chemicals, and relevant regulations. A trader in ammonium nitrate of high content (98.5% or higher) must have a Certificate of conformity with security and public order issued by a competent authority;

b) Containers of explosive precursors must ensure quality of stored explosive precursors and environmental hygiene, must be impervious to water, not leaked, be cleaned and dried before storing explosive precursors; vehicles for transporting explosive precursors must comply with regulations of the law on transport of dangerous goods;

c) A trader in explosive precursors must have a warehouse (or lease a warehouse to store explosive precursors) which must meet requirements on warehouse and quality assurance of traded explosive precursors.”

Article 11. Amendments to Clause 4 Article 11 of the Government’s Decree No. 76/2014/ND-CP dated July 29, 2014 detailing certain articles of the Ordinance on amendments to the Ordinance on management and use of weapons, explosive materials and combat gears

“4. Chemical safety requirements

a) Have adopted measures certified by or plans approved by competent authorities for preventing and responding to events of chemical hazards in accordance with the Law on Chemicals;

b) Have chemical safety datasheet expressed in Vietnamese, issued by trader, attached along with explosive precursors and retained at places where explosive precursors are stored;

c) Have regulations on chemical safety and signaling system in corresponding with the danger level of stored chemicals shown at places where explosive precursors are stored. If stored explosive precursors have different hazards, warning signs must fully show such hazards;

d) Do not store explosive precursors in outdoor condition; do not store explosive precursors together with combustible materials, reducing agents and chemicals/materials which generate heat by absorption of moisture.”

Article 12. Amendments to Clause 6 Article 17 of the Government’s Decree No. 39/2009/ND-CP dated April 23, 2009 providing for industrial explosives

“Article 17. Conditions for production of industrial explosives

6. Managers, workers and employees involved in the production of industrial explosives must satisfy security and order requirements; possess professional qualifications corresponding to their working positions and duties, have been trained in safety techniques, fire prevention and fighting and response to accidents in industrial explosive production activities. To be specific:

a) Persons in direct contact with the production of industrial explosives must satisfy the following conditions:

- Have legitimate personal identification papers and are not prohibited from participating in industrial explosive activities as referred to in Clause 5 Article 5 of the Decree No. 39/2009/ND-CP;

- Possess professional qualifications corresponding to assigned duties and have been trained in safety techniques in industrial explosive activities as referred to Article 29 of the Decree No. 39/2009/ND-CP and regulations in QCVN 01:2012/BCT, QCVN 02:2008/BCT on industrial explosive activities; TCVN 5507:2002 and relevant standards and regulations for explosive precursors, and have certificates of safety techniques for industrial explosives issued by competent authorities;

- Must be fit to meet requirements for each job in accordance with applicable regulations of the labour law;

- Persons in direct contact with the production of industrial explosives and explosive precursors must be trained and obtain professional qualifications corresponding to assigned positions and duties.

b) Apart from conditions in Point a Clause 6 of this Article, foreigners participating in industrial explosive activities in Vietnamese enterprises must obtain work permits from competent employment authorities, and be given training in laws on industrial explosives and relevant laws of Vietnam;

c) Managers, division heads and employees directly involved in industrial explosive and explosive precursor activities in enterprises affiliated to Ministry of National Defence must be given training and have certificates granted by Ministry of National Defence or an agency in charge of managing industrial explosives under the Ministry of National Defence’s assignment. Training contents shall follow requirements in Point a Clause 6 of this Article.

Directors must possess bachelor’s degrees; technical deputy directors and division heads directly involved in the production of industrial explosives must possess bachelor’s degrees in any of the following majors: chemicals, bullet weapons, chemical technology in propellants and explosives, mining, geology, traffic works, irrigational works.”

Article 13. Addition of Article 20a to the Government’s Decree No. 39/2009/ND-CP dated April 23, 2009 providing for industrial explosives

“Article 20a. Conditions for import/export of industrial explosives

1. Conditions for import of industrial explosives

a) An importer of industrial explosives must be licensed to trade industrial explosives;

b) Contracts for purchase of industrial explosives entered into with foreign enterprises and contracts for sale of industrial explosives entered into with domestic enterprises are required.

2. Conditions for export of industrial explosives

a) An exporter of industrial explosives must be licensed to trade industrial explosives;

b) Contracts for sale of industrial explosives entered into with foreign enterprises and contracts for purchase of industrial explosives entered into with domestic enterprises are required;

c) If industrial explosives are exported (or re-exported) by foreign petroleum enterprises, contracts for purchase of industrial explosives from foreign enterprises and contracts for sale of industrial explosives to other foreign enterprises are required.”

Article 14. Amendments to Clauses 2, 3, 4 Article 21 of the Government’s Decree No. 39/2009/ND-CP dated April 23, 2009 providing for industrial explosives

“Article 21. Conditions for use of industrial explosives

2. There are mineral or petroleum activities, or construction or research or testing works requiring use of industrial explosives. Locations for using industrial explosives must ensure security and order conditions, and safety distances required for works and entities in need of protection according to current technical standards and regulations, and relevant regulations. Organizations using industrial explosives must have:

a) Permit for mineral exploration and exploitation if users are mineral enterprises; Permit for petroleum exploration and extraction if users are petroleum enterprises; Bid-winning decision, or building contract, or letter of authorization/assignment to execute the building contract made by governing bodies;

b) Construction designs of construction work items or mining designs with use of industrial explosives, for industrial-scale works; or construction or exploitation plans, for manual construction or exploitation activities or removal of bombs/mines/unexploded ordnance. The designs or plans approved by investors must meet safety requirements prescribed in QCVN 04:2009/BCT or QCVN 05:2012/BLDTBXH or QCVN 01:2011/BCT or QCVN 18:2014/BXD and other relevant construction standards and technical regulations;

c) The blasting plan with contents regulated by Minister of Industry and Trade.

3. Storehouses, technologies, equipment, facilities and tools serving the use of industrial explosives must be available and meet requirements under current standards and technical regulations and regulations in Section 6 of this Decree; if storehouses and means of transport are not available, premises lease contracts must be made with organizations licensed to preserve and transport industrial explosives or notarized copy of principle contract made with organizations licensed to trade in industrial explosives in order to provide industrial explosives to the works under blasting technical instructions.

4. Managers, head of blasting operation, blasting workers and employees involved in the use of industrial explosives must satisfy security and order requirements; possess professional qualifications corresponding to their working positions and duties, have been trained in safety techniques, fire prevention and fighting, and response to incidents in the use of industrial explosives. An organization using industrial explosives must have: Decision made by enterprise’s leader on appointment of blasting commander and the list of blasting workers and employees directly involved in the use of industrial explosives; Work permits of foreigners who participate in the use of industrial explosives (if any).

A head of blasting operation must have an appointment decision signed by a leader of the organization using the industrial explosives and meet the following conditions: Possess an intermediate-level diploma or higher in mining and/or geology, or traffic works or irrigational works, or bullet weapons, or chemical technology in propellants and explosives, and have at least 01 year (if possessing bachelor’s degree or three-year associate degree) or 02 years (if having intermediate level in techniques) of experience in the use of industrial explosives; if a head of blasting operation possesses an intermediate-level diploma or higher in other technical majors, he/she must have at least 02 years (if possessing bachelor’s degree or three-year associate degree) or 03 years (if having intermediate level in techniques) of experience in the use of industrial explosive, and is required to attend improvement courses in blasting techniques and safety rules and regulations in the exploitation of minerals/petroleum or construction in corresponding to the working field with the use of industrial explosives.

Blasting workers or employees directly involved in the use of industrial explosives must be trained and obtain professional competence corresponding to assigned positions and duties as required in Annex C of QCVN 02:2008/BCT.”

Article 15. Amendments to Clause 2 Article 26 of the Government’s Decree No. 39/2009/ND-CP dated April 23, 2009 providing for industrial explosives

 “2. Satisfy all conditions as referred to in this Decree on the use, maintenance and transport of industrial explosives. Facilities, technical infrastructure and personnel must be able to provide services to at least 05 service-hiring organizations.

Have the written request for issuance of permit to provide blasting service issued by provincial people’s committee with respect to blasting services mentioned in Point a Clause 1 Article 25 of this Decree."