Chương 3 Pháp lệnh 16/2011/UBTVQH12 : Quản lý, sử dụng vật liệu nổ

Chapter III

MANAGEMENT AND USE OF EXPLOSIVES

Article 25. Research into and production and trading of explosives

1. The research into and production of military explosives comply with the law on defense industry.

2. The research into industrial explosives complies with the following provisions:

a/ The research into and development and test of industrial explosives shall be carried out by scientific and technological organizations or industrial explosive production enterprises on the basis of research schemes approved by competent agencies;

b/ The production deployment or transfer of technology for industrial production shall be carried out at qualified industrial explosives production establishments under regulations and permits of competent state agencies.

3. The production of industrial explosives must comply with the following provisions:

a/ Industrial explosive producers must be enterprises with 100% slate capital, which are tasked by the Prime Minister at the proposal of the Ministry of Industry and Trade, the Ministry of Public Security or the Ministry of National Defense;

b/ Types of products and scale of production must conform to the master plan on development of industrial explosives and meet quality and technical safely standards and specifications;

c/ Industrial explosive workshops and storehouses must meet the conditions on security and order and ensure a safety distance for facilities and entities in need of protection. Workshops and storehouses of production technologies, equipment and vehicles must be properly designed and constructed to meet the requirements on fire prevention and fighting, explosion prevention, lightning arrester, electrostatic control, safety and environmental protection;

d/ Managers, workers and laborers involved in the production of industrial explosives must satisfy the requirements on security and order; possess relevant professional qualifications and be trained in safety techniques, fire prevention and fighting and response to incidents in the production of industrial explosives;

e/ Industrial explosive producers may produce and sell products of proper types to industrial explosive dealing enterprises; the import or entrusted import, purchase of pre-explosive substances may be only carried out between industrial explosive-producing and -dealing enterprises.

f/ Industrial explosive products must hear signs and information on their place of production, year of production and expiry date.

4. Industrial explosive dealing must comply with the following provisions:

a/ Industrial explosive and pro-explosive substance dealers must be enterprises with 100% state capital, which are tasked by the Prime Minister at the proposal of the Ministry of Industry and Trade, the Ministry of Public Security or the Ministry of National Defense;

b/ Storehouses, wharves and places for receipt, loading and unloading of industrial explosives must satisfy the conditions on security and order and ensure a safety distance for facilities and entities in need of protection;

c/ Storehouses, handling equipment, means of transport, equipment and tools used in dealing activities must be properly designed and constructed, meeting the requirements on preservation and transport of industrial explosives and on fire prevention and fighting;

d/ Managers, workers and laborers involved in industrial explosive dealing must satisfy the requirements and standards on security and order; possess appropriate professional qualifications and be trained in safety techniques, fire prevention and fighting and response to incidents in industrial explosive dealing activities;

e/ Industrial explosive dealers may only sell industrial explosives on Vietnamese lists of explosives to organizations licensed to use industrial explosives: and buy back surplus and unused industrial explosives from these organizations;

1/ Industrial explosive dealers may only deal in pre-explosive substances and industrial explosives in accordance with their business licenses and permits for export or import of pre-explosive substances and industrial explosives.

Article 26.Transport of industrial explosives

1. Carriers of industrial explosives must satisfy the following conditions:

a/ Being enterprises with a business registration certificate for transport of commodities, or organizations or units licensed to produce, deal in or use industrial explosives;

b/ Having means fully qualified for transport of industrial explosives under the standards and norms on safety techniques in activities related to industrial explosives;

c/ Meeting the safely conditions on fire prevention and fighting;

d/ Managers, drivers, escorts and other workers involved in the transport of industrial explosives must meet the requirements on security and order: possess professional qualifications corresponding to their respective positions and responsibilities, and be trained in fire prevention and fighting;

e/ Possessing a permit for transport of industrial explosives or an order for transport of industrial explosives;

f/ Displaying signs showing that the means are carrying industrial explosives.

2. Persons transporting industrial explosives must observe the following provisions:

a/ To strictly comply with the contents of the orders for transport of industrial explosives or permits for transport of industrial explosives;

b/ To cheek the slate of commodities before departure or alter each slop or parking and immediately redress am incidents;

c/ To draw up plans to ensure safe transport, security, order, fire prevention and fighting; and to apply measures to respond to emergency incidents;

d/ To fully carry out the procedures for forwarding goods and documents related to industrial explosives;

e/ Not to stop or park vehicles at crowded places, residential areas, near filling stations, places with important defense, security, economic, cultural or diplomatic works; not to transport them under abnormal weather conditions. In case overnight slay is needed or an incident occurs, to immediately notify such lo the nearest military or public security offices for coordinated protection.

3. A dossier of application for a permit for transport of industrial explosives comprises:

a/ An application for a permit, clearly slating the reason, volumes of explosives, places of departure and destination, transport time and routes; full names and addresses of persons responsible for the transport and drivers; license plate number of carrying means of transport;

b/ Certified copies of the business registration certificates, certificates of full satisfaction of security and order conditions for industrial explosive production, dealing and use of organi­zations or units that receive industrial explosives;

c/ Paper of introduction of the person appointed to carry out the procedures, enclosed with any of the following papers: people's identity card, people's army identity card, people's public security identity card or certificate as provided by the Minister of Public Security or the Minister of National Defense.

Within 3 working days after receiving a complete dossier of application, the agency competent to grant permits for transport of industrial explosives shall consider and grant a permit: in case of refusal, they shall issue a written reply clearly stating the reason.

5. The Minister of National Defense shall provide for the grant, withdrawal and suspension from grant of permits for transport of industrial explosives to entities managed by the Ministry of National Defense. The Minister of Public Security shall provide for the grant, withdrawal and suspension from grant of permits for transport of industrial explosives to entities not managed by the Ministry of National Defense.

Article 27. Use of industrial explosives

1. Users of industrial explosives must fully meet the following conditions:

a/ They are set up under law and register business activities in the sectors or domains requiring the use of industrial explosives;

b/ Their minerals or petroleum exploitation activities or construction works, research or tests require the use of industrial explosives;

c/ Their storehouses, technologies, equipment, means and tools for the use of industrial explosives satisfy technical standards and norms;

d/ The locations for use of industrial explosives meet security and order conditions;

e/ Mine explosion managers, commanders and workers as well as other persons involved in mine explosion must satisfy security and order requirements: possess professional qualifications relevant to their posts and responsibilities, and he trained in fire fighting techniques.

2. Users of industrial explosives shall comply with the following provisions:

a/ To buy only industrial explosives on Vietnamese lists of industrial explosives from lawful explosive dealers;

b/ To sell back surplus or unused industrial explosives to lawful industrial explosive dealers;

c/ To appoint mine explosion commanders and fully observe regulations on standards and norms on safety in the use of industrial explosives upon mine explosion;

d/ To have mine explosion designs and plans approved by agencies granting permits for mine explosion and permitted by provincial-level People's Committees, which are conformable to their production, and spell out measures to ensure safety in mine explosion, and the supervision of use and destruction of industrial explosives during and alter mine explosion.

3. The Government shall provide for the grant of permits for use and supervision of the use and destruction of industrial explosives during and after mine explosion.

Article 28. Transport of military explosives

1. Transport of military explosives must comply with the following provisions:

a/ There must be operation orders, transport orders or transport permits, issued by competent authorities;

b/ It must be kept secret and safe;

c/ The transport of great volumes or dangerous types must be carried out by specialized means;

d/ Not to transport military explosives and people on the same means, except persons responsible for the transport;

e/ Not to stop or park transport means at crowded places, residential areas and places with important defense, security, economic, cultural or diplomatic works. If overnight stay is needed or an incident occurs, it shall be notified to the nearest military or public security offices for coordinated protection when necessary.

2. The Minister of National Defense shall provide for dossiers, the order and procedures for the grant of operation orders and orders on transport of military explosives to entities managed by the Ministry of National Defense. The Minister of Public Security shall provide for dossiers and the order and procedures for the grant of permits for transport of military explosives to entities managed by the Ministry of Public Security.