Thông tư 23/2009/TT-BCT

CIRCULAR

DETAILING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 39/2009/ND-CP OF APRIL 23, 2009, ON INDUSTRIAL EXPLOSIVE MATERIALS

THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 39/2009/ND-CP of April 23, 2009, on industrial explosive materials;
Pursuant to the Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale and purchase, processing and transit agency with foreign countries;
The Ministry of Industry and Trade details a number of articles of the Government's Decree No. 39/2009/ND-CP of April 23, 2009, on industrial explosive materials (below referred to as Decree No. 39/2009/ND-CP) as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for conditions on persons directly engaged in activities involving industrial explosive materials and explosive pre-substances: dossiers and procedures for the grant of certificates of qualification for production of industrial explosive material or explosive pre-substance, licenses for trading in. importing or exporting industrial explosive materials or explosive pre-substances: and licenses for using industrial explosive materials, and providing blasting services.

Article 2. Subjects of application

This Circular applies to organizations and individuals engaged in industrial explosive material activities in Vietnam.

Article 3. Interpretation of terms and abbreviations

In this Circular, the terms below are construed as follows:

1. IEM is the abbreviation for industrial explosive material.

2. TCVN 6174:97 is the abbreviation for Tieu chuan Viet Nam (Vietnam standard) 6174: 1997 - Industrial explosive materials. Safety requirements on production, take-over test and trial explosion.

3. QCVN 02: 2008/BCT is the abbreviation for Quy chuan ky thuat quoc gia (national technical regulation) No. 02/2008/BCT on safety in preservation, transportation, use and destruction of industrial explosive materials.

4. TCVN 5507: 2002 is the abbreviation for Tieu chuan Viet Nam (Vietnam standard) 5507: 2002 - Dangerous chemicals - Code of practice for safety in production, trading, use, preservation and transportation.

5. Valid copies are copies notarized or certified by competent agencies.

Chapter II

CONDITIONS ON PERSONS DIRECTLY ENGAGED IN ACTIVITIES INVOLVING INDUSTRIAL EXPLOSIVE MATERIALS AND EXPLOSIVE PRE-SUBSTANCES

Article 4. General requirements

1. Persons directly engaged in activities involving industrial explosive materials or explosive pre-substances must satisfy the following conditions:

a/ Having valid personal identity papers and not being banned from participating in IEM activities under Clause 5, Article 5 of Decree No. 39/2009/ND-CP;

b/ Possessing professional qualifications relevant to their assigned tasks and having been trained in safety techniques in IEM activities under Article 29 of Decree No. 39/2009/ND-CP and TCVN 6174: 97, QCVN 02: 2008/BCT, for IEM activities or TCVN 5507: 2002 and other relevant standards and technical regulations applicable to explosive pre-substances;

c/ Being physically fit for each profession under current labor law; passing exams and possessing certificates of safety techniques for IEMs granted by competent agencies specified in Chapter V of this Circular .

2. Apart from having to satisfy the conditions prescribed in Clause 1 of this Article, foreigners performing jobs related to IEM activities in Vietnamese enterprises must possess work permits granted by competent labor agencies and be trained in the law on IEMs and relevant laws of Vietnam.

3. Leaders of organizations, managers of sections and laborers directly engaged in activities involving IEMs or explosive pre-substances in enterprises under the Ministry of National Defense must be trained and granted certificates by the Ministry of National Defense or the agency assigned by the Ministry of National Defense to manage IEMs. Training contents comply with requirements prescribed at Point b. Clause 1 of this Article.

Article 5. Conditions on professional qualifications of persons directly engaged in the production of and trading in IEM or explosive pre-substance

1. Directors must possess a university degree; deputy directors in charge of technical affairs and managers of sections directly related to the production of IEMs must possess a university degree in one of the following majors: chemicals, bullet weapons and propellant and explosive technology.

2. Laborers directly engaged in the production of IEMs or explosive pre-substances must be properly trained and have professional certificates relevant to their working positions and duties.

Article 6. Conditions on professional qualifications of persons directly engaged in the use of IEMs

1. Blasting commanders are appointed under decisions of leaders of IEM-using organizations and satisfy the following conditions:

a/ Possessing an intermediate or higher degree in one of the following majors: mining and geology; construction of transport and irrigation works; bullet weapons and propellant and explosive technology and having worked in an IEM-using domain for at least 1 (one) year, for those who possess a university or collegial degree, or 2 (two) years, for those who possess an intermediate technical degree;

b/ If possessing an intermediate or higher degree in other technical majors, blasting commanders must have worked in an IEM-using domain for at least 2 (two) years, for those who possess a university or collegial degree, or 3 (three) years, for those who possess an intermediate degree, and be trained in blasting techniques and processes and regulations on safety in mining and petroleum activities or building of construction works relevant to the IEM-using domains;

c/ Economic organizations established under the Law on Cooperatives, conducting mining activities by manual methods and having no blasting commander who fully satisfies the above requirements, may temporarily appoint as blasting commander a blasting worker who has been trained and possess a certificate granted by a mining vocational school, has worked for at least 3 (three) years in an IEM-using domain and has been trained in processes and regulations on safety in mining activities or building of construction works relevant to the IEM-using domain. Blasting commanders must satisfy the conditions specified at Point a or b of this Clause within 3 (three) years after the effective date of this Circular.

2. Blasting workers or laborers performing jobs directly related to IEMs must be trained, possess professional qualifications relevant to their working positions and duties and satisfy requirements prescribed in Annex C to QCVN 02: 2008/BCT.

3. Agencies granting IEM use licenses shall examine the knowledge of blasting commanders specified at Point b or c. Clause 1 of this Article before granting them IEM use licenses.

Chapter III

DOSSIERS AND PROCEDURES FOR THE GRANT OF CERTIFICATES AND LICENSES FOR ACTIVITIES INVOLVING INDUSTRIAL EXPLOSIVE MATERIALS OR EXPLOSIVE PRE-SUBSTANCES

Article 7. Dossiers of application for certificates of qualification for IEM or explosive pre-substance production

1. For enterprises having production projects, a dossier comprises:

a/ The legal dossier:

- An application for a certificate of qualification for IEM or explosive pre-substance production, signed by the head of the enterprise. For enterprises under the Ministry of National Defense, a written request of the Ministry of National Defense or the agency assigned by the Ministry of National Defense to manage IEMs is required;

- A valid copy of the enterprise establishment decision issued by a competent agency. A list of the enterprises affiliate organizations (factories, branches and representative offices) and their addresses;

- A valid copy of the business registration certificate;

- A valid copy of the decision approving the investment project on building IEM or explosive pre-substance production facilities according to laws on investment and construction management;

- A valid copy of the written certification of satisfaction of security and order conditions and the certificate of qualification for fire prevention and fighting, granted for IEM production and preservation workshops and facilities;

- A valid copy of the Industry and Trade Ministry's decision recognizing the registration of IEM products and including these products in the list of industrial explosive materials permitted for circulation and use in Vietnam (for IEMs newly produced and used in Vietnam);

- A valid copy of the decision approving the report on assessment of environmental impacts of the IEM or explosive pre-substance facilities.

b/ Technical documents:

Documents proving the enterprise's satisfaction of conditions on IEM or explosive pre-substance production, including:

- Documents on qualifications of persons engaged in IEM or explosive pre-substance production

+ The list of leaders and managers directly engaged in IEM or explosive pre-substance production, preservation and transportation;

+ Papers of the director and deputy-directors: their curricula vitae and diplomas;

+ Work permits of foreigners working at the enterprise (if any);

- Documents on technical conditions:

+ The plan design for the IEM or explosive pre-substance production line;

+ The technological chart, including the support system accompanied the production technology;

+ The diagram of the electrical power system, earthing protection system and anti-lightning system for equipment, workshops and facilities used for IEM or explosive pre-substance production and preservation;

+ The certificate granted by an accredited certification organization to IEM or explosive pre-substance testing establishments (if any);

+ The appraisal certificate, marks or stamps of appraisal of measuring devices or technology control according to the law on measurement;

+ The certificate of registration and results of appraisal of machines and equipment with explosion protection requirements; the certificate of registration and results of appraisal of machines, equipment, supplies and substances with strict requirements on labor safety and hygiene or particular industrial safety requirements (if any);

+ The written record on take-over tests of work items or construction works according to the law on investment and construction management; the written record on take-over tests of IEM or explosive pre-substance products after trial production according to regulations:

+ The plan or measures to prevent and respond to emergency incidents in IEM workshops, storehouses or means of transport.

2. Enterprises currently producing IEMs or explosive pre-substances which wish to change their names without any change in their production conditions should send only a written request for modification of the production qualification certificate, enclosed with a competent agency's or organization's decision to permit the renaming and the certificate of satisfaction of security and order conditions granted by a competent police office to the enterprises under the new names.

3. Enterprises producing IEMs or explosive pre-substances which renovate or upgrade their infrastructure and equipment for IEM or explosive pre-substance production without reducing conditions on fire prevention and fighting or requirements on technical safety of the licensed production lines shall, after completing the renovation or upgrading, send a written request to an agency defined in Clause 1, Article 12 of this Circular for the grant of a certificate of qualification for IEM or explosive pre-substance production.

4. Enterprises producing IEMs or explosive pre-substance which suffer from incidents or accidents damaging their production lines shall, after obtaining investigation conclusions and resuming production, compile a technical dossier of the repair and recovery process and request an agency defined in Clause 1. Article 12 of this Circular to inspect and re-grant a certificate of qualification for IEM and explosive pre-substance production.

Article 8. Dossiers of application for IEM or explosive pre-substance trading licenses

1. The legal dossier comprises:

a/ An application for an IEM or explosive pre-substance trading license, signed by the head of the enterprise. For enterprises under the Ministry of National Defense, a written request of the Ministry of National Defense or the agency assigned by the Ministry of National Defense to manage IEMs is required:

b/ A valid copy of the enterprise establishment decision and a list of their affiliate organizations (factories, branches and representative offices) and their addresses:

c/ A valid copy of the business registration certificate;

d/ A valid copy of the written certification of satisfaction of security and order conditions and the certificate of satisfaction of fire prevention and fighting conditions, for storehouses and means of transport of IEMs or explosive pre-substances.

2. Documents proving the enterprise's satisfaction of business conditions, including:

a/ A list of leaders and managers directly engaged in IEM and explosive pre-substance preservation, transportation and trading;

b/ Papers of the director and deputy directors:

- Curricula vitae;

- Diplomas;

c/ Work permits of foreigners working at the enterprise (if any);

d/ A list of storehouses, wharves and workshops of each affiliate business establishment and documents permitting the use of these facilities;

e/ A list of special-use vehicles and valid copies of their circulation permits;

f/ A certificate granted by the state agency in charge of standards, measurements and quality control for IEM and explosive pre-substance testing establishments (if any);

g/ The plan or measures to prevent and respond to emergency incidents in IEM storehouses and means of transport.

3. For enterprises which possess a certificate of qualification for IEM production or an IEM trading license, a dossier of application for an explosive pre-substance trading license comprises only the application for the license.

4. For applicants for the re-grant of IEM trading licenses or explosive pre-substance trading license, a dossier comprises a report on IEM or explosive pre-substance trading activities,, in the validity duration of the previously granted license, and documents specified in Clause 1 and 2 of this Article, if there is any change.

Article 9. Dossiers of application for IEM use licenses

1. The legal dossier:

Organizations wishing to use IEMs shall send a dossier of application for an IEM use license to a competent agency defined in Chapter V of this Circular. Organizations falling beyond the licensing competence of the Ministry of Industry and Trade or the Ministry of National Defense shall send dossiers to competent agencies of localities where they will use IEMs. A dossier comprises:

a/ An application for an IEM use license, signed by the organization's leader. Applications may be submitted in printed or electronic form according to Appendix I to this Circular (form la or lb);

b/ A valid copy of the establishment decision and business registration certificate. For foreign-invested enterprises, the investment certificate or bidding permit granted by a competent agency is required;

c/ A valid copy of the written certification of satisfaction of security and order conditions;

d/ A valid copy of the license for mineral exploration and exploitation activities, for mining enterprises; the license for petroleum exploration and exploitation activities, for petroleum enterprises; the notification of winning bids for work construction, bid-undertaking contract or the document on decentralization or assignment of the performance of the contract on construction of works, made by the organization managing the enterprise;

e/ Construction designs of construction work items or mining designs, for construction works or industrial-scale mining activities involving the use of IEMs; or construction or exploitation plans, for manual construction or exploitation activities. The designs or plans approved by investors must meet safety requirements prescribed in Vietnam Standard TCVN 5178: 2004 - Code of practice for safety in exploitation and processing of stones in open-cast mines. Technical Regulation TCN-14-06-2006 - Safety in coal and schist mines. Vietnam Standard TCVN 5308:91 - Safety in construction activities and other relevant construction standards and technical regulations;

f/ The blasting plan under the guidance in Appendix 5 to this Circular (not printed herein);

The blasting plan must be signed for approval by the enterprise's leader or approved by a competent agency prescribed in Clause 4. Article 22 of Decree No. 39/2009/ND-CP;

g/ The plan on monitoring blasting impacts, if any, which must satisfy requirements prescribed in QCVN 02:2008/BCT; the plan or measures to prevent or respond to emergency incidents in IEM storehouses or means of transport;

h/ A valid copy of the certificate of satisfaction of fire prevention and fighting conditions for IEM storehouses, enclosed with dossiers of IEM preservation storehouses which must meet requirements prescribed in QCVN 02: 2008/ BCT, for organizations having IEM preservation storehouses;

In case applicants for IEM use licenses have no storehouse or means of transport, the dossier of application for a license must comprise a notarized copy of the in-principle contract on rent of IEM storehouses or means of transport, signed with an organization having IEM storehouses or means of transport which satisfy the above requirements, or a notarized copy of the in-principle contract signed with a licensed IEM trader on the supply of IEMs to construction or mining sites under blasting guidelines;

i/ The decision on the appointment of the blasting commander, issued by the enterprise's leader, the list of blasting workers and persons directly engaged in the use of IEMs; and work permits of foreigners performing jobs involving the use of IEMs (if any).

2. For applicants for the re-grant of IEM use licenses without any change in their operation sites or scope, a dossier comprises a report on the use of IEMs in the validity duration of the previously granted license and documents specified in Clause 1 of this Article, if there is any change.

3. An organization that satisfies all the conditions prescribed at Points b. d and e, Clause 1, this Article but does not want to conduct blasting activities by itself may sign a contract to outsource all blasting activities to an organization possessing a blasting service license. Blasting service provision contracts must clearly state responsibilities of blasting service providers according to regulations on IEM use.

Organizations that hire blasting services may not conduct any activities involving the use of IEMs.

Article 10. Dossiers of application for blasting service licenses

1. The legal dossier comprises:

a/ An application for a blasting service license, signed by the enterprise's head. For enterprises under the Ministry of National Defense, a written request made by the Ministry of National Defense or the agency assigned by the Ministry of National Defense to manage IEMs is required;

b/ A valid copy of the establishment decision or the business registration certificate. For foreign-invested petroleum enterprises, the investment certificate is required;

c/ The written certification of satisfaction of security and order conditions, made by a competent police office;

d/ The written request for the grant of a blasting service license, made by the provincial-level People's Committee for blasting services defined at Point a. Clause 1, Article 25 of Decree No. 39/2009/ND-CP.

2. Documents proving the satisfaction of conditions on provision of blasting services, including:

a/ The scheme on provision of blasting services, signed by the enterprise's leader, clearly stating the objectives, scale, scope, conformity with the planning on and demands for blasting services and capacity of the enterprise; necessary conditions and solutions for assurance of security and social order and safety in the provision of blasting services;

b/ Valid copies of the IEM use licenses;

c/ Typical blasting plans already performed in 2 (two) years preceding the date of application for a blasting service license;

d/ Documents specified at Points h and I, Clause 1, Article 9 of this Circular.

3. For organizations which possess an IEM trading license, the papers and documents specified at Points b, c and d, Clause 1 of this Article and documents specified at Point h, Clause 1, Article 9 of this Circular are not required.

4. For applicants for the re-grant of a blasting service license without any change in their name or type of enterprise as well as the scope and geographical areas of their operation, the dossier comprises only a report on the provision of blasting services in the validity duration of the previously granted license and documents specified at Points b and c. Clause 1. and Point d. Clause 2 of this Article, in case of any change.

Article 11. Dossiers of application for licenses for importing and exporting IEMs or explosive pre-substances

1. A dossier of application for an IEM import license comprises:

a/ An application for an IEM import license, signed by the enterprise's leader and clearly stating the demand for and time of the importation;

b/ A valid copy of the IEM trading license;

c/ A report on the quantity of IEMs already imported in the plan year:

d/ Notarized copies of contracts on the purchase of IEMs from foreign enterprises and contracts on the sale of IEMs to domestic enterprises.

2. A dossier of application for an IEM export license comprises:

a/ An application for an IEM export license, signed by the enterprise's leader and clearly stating the demand for and time of the exportation;

b/A valid copy of the IEM trading license:

c/ A report on the quantity of IEMs already exported in the plan year;

d/ Notarized copies of contracts on the sale of IEMs to foreign enterprises and contracts on the purchase of lEMs from domestic enterprises.

For foreign petroleum enterprises which export (re-export) IEMs, notarized copies of contracts on the purchase of IEMs from foreign enterprises and contracts on the sale of IEMs to other foreign enterprises are required.

3. A dossier of application for a license for importing or exporting explosive pre-substances

a/ An application for an import or export license, signed by the enterprise's leader and clearly stating the demand for and time of the importation or exportation;

b/ A valid copy of the explosive pre-substance trading license or the certificate of qualification for IEM production (for cases of importing explosive pre-substances for IEM production);

c/ A report on the quantity of IEMs already imported or exported in the plan year;

d/ Notarized copies of contracts on the purchase of explosive pre-substances, for explosive pre-substance traders, valid copies of contracts on the sale of explosive pre-substances to customers are required.

For explosive pre-substance traders that re-export explosive pre-substances, notarized copies of contracts on the purchase of explosive pre-substances from foreign enterprises and contracts on the sale of explosive pre-substances to other foreign enterprises are required.

Article 12. Procedures for the grant of certificates and licenses for lEM-related activities

1. Procedures for the grant of a certificate of qualification for IEM or explosive pre-substance production

Within 7 (seven) working days after the receipt of a valid dossier, the Safety Techniques and Industrial Environment Department shall examine it and grant a certificate of qualification for IEM or explosive pre-substance production, made according to the form provided in Appendix 1 to this Circular. In case of refusal to grant a certificate, the Department shall issue a written reply to the applicant, clearly stating the reason.

2. Procedures for the grant of an IEM or explosive pre-substance trading license

Within 7 (seven) working days after the receipt of a valid dossier, the Safety Techniques and Industrial Environment Department shall examine it and grant a IEM or explosive pre-substance trading license, made according to the form provided in Appendix 1 to this Circular. In case of refusal to grant a license, the Department shall issee a written reply to the applicant, clearly stating the reason.

3. Procedures for the grant of an IEM or explosive pre-substance import or export license

Within 7 (seven) working days after the receipt of a valid dossier, the Safety Techniques and Industrial Environment Department shall examine it and grant an IEM or explosive pre-substance import or export license, made according to the form provided in Appendix 1 to this Circular. In case of refusal to grant a license, the Department shall issue a written reply to the applicant, clearly stating the reason.

4. Procedures for the grant of an IEM use license and blasting service license

Within 7 (seven) working days after the receipt of a valid dossier, competent agencies defined in Chapter V of this Circular shall examine it and grant an IEM use license or blasting service license, made according to the form provided in Appendix 1 to this Circular. In case of refusal to grant a license, the Department shall issue a written reply to the applicant, clearly stating the reason.

Chapter IV

MANAGEMENT OF ACTIVITIES INVOLVING INDUSTRIAL EXPLOSIVE MATERIALS OR EXPLOSIVE PRE-SUBSTANCES

Article 13. Management of IEM and explosive pre-substance trading, import and export

1. IEM producers may only purchase or import explosive pre-substances of proper categories in proper quantity for IEM production according to plans already committed with traders.

2. IEM or explosive pre-substance traders shall send decisions on establishment of their affiliate organizations such as factories, branches and representative offices to the Ministry of Industry and Trade and the Ministry of Public Security for monitoring and management.

3. IEM or explosive pre-substance traders shall elaborate plans on trading in, importing and exporting IEMs or explosive pre-substances and national reserve plans regarding IEMs or explosive pre-substances and send these plans to the Ministry of Industry and Trade before October 1 every year. In case of changing or adjusting these plans, they shall send supplementary documents to the Ministry of Industry and Trade.

4. Once every 6 months, 9 months or a year. IEM or explosive pre-substance traders shall make and send statistical reports on the trading in, import, export and stockpiling of IEMs or explosive pre-substances to the Ministry of Industry and Trade for monitoring and management.

5. For organizations under the Ministry of National Defense, plans and reports defined in Clauses 3 and 4 of this Article shall be sent to the agency assigned by the Ministry of National Defense to manage IEMs for sum-up and reporting to the Ministry of Industry and Trade according to the form provided in Appendix 4 to this Circular {not printed herein).

6. The management of the production, trading, use, import and export of explosive pre-substances complies with the guidance of the Ministry of Industry and Trade.

Article 14. Management of IEM use

1. When using IEMs in localities, organizations shall:

a/ Make registration with provincial-level Industry and Trade Departments under Article 39 of Decree No. 39/2009/ND-CP; for a blasting service organization which has made first-time registration, the registration dossier for other IEM-using sites in the same locality comprises only the service contract and blasting designs; provincial-level Industry and Trade Departments shall cooperate with functional agencies (labor inspectorates and police offices) in inspecting the observance of laws on blasting time and places, safety distances and other security and safety conditions and grant registration certificates to IEM-using organizations before blasting activities are carried out.

b/ Elaborate plans and supervise and determine blasting impacts under requirements prescribed in QCVN 02:2008/BCT.

Fifteen days before blasting activities are carried out, IEM-using organizations shall send supervision plans to the Industry and Trade Departments in localities where blasting activities are to be carried out. Provincial-level Industry and Trade Departments shall examine the implementation of plans on supervision of blasting impacts;

c/ Send reports on the quantity, categories and quality of IEMs and other relevant matters to provincial-level Industry and Trade Departments of localities where blasting activities are carried out before June 25, for biannual reports, or before December 25. for annual reports. Reports shall be made according to the form provided in Appendix 2 to this Circular (not printed herein);

d/ Elaborate and comply with procedures and systems of books and documents on preserved, used and destroyed IEMs according to the requirements prescribed in QCVN 02:2008 and Appendix 6 to this Circular (not printed herein).

2. The management and grant of IEM use licenses to military enterprises that use IEMs shall be guided by the Ministry of National Defense.

When using IEMs for economic purposes in localities, military units and enterprises shall make registration with local IEM management agencies and comply with relevant laws.

Article 15. Testing, assessment and management of the quality of IEMs

The testing, assessment and management of the quality of IEMs comply with the Industry and Trade Ministry's Circular No. 06/2008/TT-BCT of May 19. 2008. guiding the management of the quality of IEMs, TCVN 6174: 97. QCVN 02:2008/BCT and relevant quality standards of IEMs already announced.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 16. Responsibilities of departments under the Ministry of Industry and Trade

1. The Safety Techniques and Industrial Environment Department shall assume the prime responsibility for and coordinate with relevant agencies in:

a/ Elaborating and submitting to the Minister for promulgation legal documents, standards and technical regulations on safety techniques for IEMs;

b/ Guiding the implementation of laws in the IEM production, trading and use; guiding the contents of plans on prevention of and response to incidents in IEM preservation storehouses. Inspecting, examining and handling establishments engaged in IEM activities in accordance with law;

c/ Receiving and examining dossiers and conditions for the grant, re-grant, modification or revocation of IEM trading licenses, certificates of qualification for IEM or explosive pre-substance production, blasting service licenses and IEM use licenses for economic organizations specified at Clause 1. Article 36 of Decree No. 39/2009/ND-CP;

d/ Inspecting and granting certificates of safety techniques for IEMs or explosive pre-substances of IEM-using organizations falling within its licensing competence;

e/ Organizing periodical reviews of the management of IEMs within its assigned functions and tasks. Receiving reports on and reviewing the management and use of IEMs in localities and propose solutions to the Minister for implementation direction:

f/ Coordinating with the Chemicals Department and the Science and Technology Department in reviewing the management and production, trading, and use of IEMs and explosive pre-substances in provinces and centrally run cities and by IEM or explosive pre-substance producers and traders for reporting to the Ministry of Industry and Trade according to regulations.

2. The Chemicals Departments shall assume the prime responsibility for and coordinate with relevant agencies in:

a/ Elaborating development plannings and long-term, five-year and annual plans on IEMs and explosive pre-substances and formulating guidelines on the investment in and import and export of IEMs and explosive pre-substances;

b/ Receiving and examining dossiers of investment projects on the construction of facilities for IEM or explosive pre-substance production of economic organizations under the laws   on   investment   and   construction management;

c/ Elaborating, and directing the implementation of. regulations on the import and export of IEMs and explosive pre-substances under the laws on management of goods import and export; granting IEM import and export licenses and explosive pre-substance import, export and trade licenses:

d/ Organizing periodical reviews of the management and making reports on the import and export of IEMs and explosive pre-substances as well as the investment in and development of the IEMs and explosive pre-substances industry according to regulations.

3. The Science and Technology Department shall assume the prime responsibility for and coordinate with relevant agencies in:

a/ Elaborating standards and technical regulations on production technologies and standards on the quality of IEMs and explosive pre-substances; managing the research into, trial production and testing of IEMs and explosive pre-substances:

b/ Submitting to the Minister of Industry and Trade for promulgation or amendment Vietnam's list of industrial explosive materials;

c/ Receiving and examining dossiers of registration and announcement of the quality of IEMs and add these IEMs to Vietnam's list of industrial explosive materials: managing the quality of IEMs according to the law on the management of products and goods quality, the Industry and Trade Minister's Circular No. 06/ 2008/TT-BCT of May 19, 2008, guiding the management of the quality of IEMs. TCVN 6174-1997, and QCVN 02: 2008/BCT;

d/ Organizing periodical reviews of the management of the quality of IEMs and explosive pre-substances within its assigned functions and tasks.

Article 17. Responsibilities of provincial-level Industry and Trade Departments

1. To assume the prime responsibility for, and coordinate with local relevant agencies in:

a/ Elaborating and submitting to provincial-level People's Committees for promulgation regulations on responsibilities, mechanisms for coordination among relevant agencies in the management of IEMs, and regulations on the use of IEMs at construction and exploitation sites depending on specific conditions of each site; and formulating plannings on blasting services. IEM preservation, IEM transportation route and econo-technical norms in the use of IEMs;

b/ Examining, inspecting and handling violations of regulations on the management of explosive pre-substances and the trading and use of IEMs in their localities according to law.

2. To receive and appraise dossiers and propose provincial-level People's Committees to grant, modify and revoke IEM use licenses or to grant, modify and revoke IEM use licenses under the authorization of provincial-level People's Committees, for organizations falling under their licensing competence.

3. To effect the IEM use registration for organizations which have been granted licenses for using IEMs by competent agencies according to the form prescribed in Appendix 1 to this Circular (not printed herein).

4. To examine and grant certificates of safety techniques for IEMs of IEM-using organizations falling within the licensing competence of provincial-level People's Committees.

5. To make biannual and annual reports on the IEM management, trading and use in the localities according to the form provided in Appendix 3 to this Circular (not printed herein) and send these reports to the Ministry of Industry and Trade (the Safety Techniques and Industrial Environment Department) before June 30, for biannual reports, and December 31, for annual reports.

Article 18. Implementation provisions

This Circular takes effect on September 30, 2009, and replaces Circular No. 02/2005/TT-BCN of March 29, 2005, guiding the management, production, supply and use of IEMs: Circular No. 04/2006/TT-BCN of April 24, 2006, amending and supplementing a number of articles of Circular No. 02/2005/TT-BCN of March 29, 2005, guiding the management, production, supply and use of IEMs; Circular No. 03/2006/TT-BCN of April 14, 2006, guiding the import and export of IEMs and the import of high-content ammonium nitrate; and Circular No. 02/2008/TT-BT of February 19, 2008, guiding business conditions and the grant of licenses for trading in high-content ammonium nitrate. Regulations issued by the Ministry of Industry or the Ministry of Industry and Trade contrary to this Circular are all annulled.-