Thông tư 31/2020/TT-BCT

CIRCULAR

AMENDING A NUMBER OF ARTICLES OF CIRCULAR NO. 13/2018/TT-BCT DATED JUNE 15, 2018 BY MINISTER OF INDUSTRY AND TRADE ON MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVES AND PRECURSORS USED IN EXPLOSIVES MANUFACTURING

Pursuant to the Law on Management and Use of Weapons, Explosives and Combat Gears dated June 20, 2017;

Pursuant to the Government’s Decree No. 71/2018/ND-CP dated May 15, 2018 on elaboration of Law on Management and Use of Weapons, Explosives and Combat Gears;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, duties, powers and organizational structure of the Ministry of Industry and Trade;

At the request of the Director General of Vietnam Chemicals Agency;

The Minister of Industry and Trade hereby promulgates a Circular amending a number of Articles of  Circular No. 13/2018/TT-BCT dated June 15, 2018 by Minister of Industry and Trade  on management and use of industrial explosives and precursors used in explosives manufacturing.

Article 1. Amendments to Circular No. 13/2018/TT-BCT dated June 15, 2018 on management and use of industrial explosives and precursors used in explosives manufacturing

1. Article 1 is amended as follows:

“Article 1. Scope

This Circular provides for the lists of industrial explosives and explosive precursors; the power to issue license for and certificates of management and use of industrial explosives and explosive precursors; establishment, management, updating and operation of the database of industrial explosives and explosive precursors under the management of the Ministry of Industry and Trade; responsibility of organizations and enterprises engaging in research, manufacturing, trading, transport, use and destruction of industrial explosives and explosive precursors”.

2. Article 4 is amended as follows:

“Article 4. List of explosive precursors

The list of explosive precursors includes explosive precursors used for manufacturing of industrial explosives and hazardous chemicals the names, molecular formulas, CAS numbers and HS codes of which are mentioned in and content levels of which are higher than or equal to the levels stated in the Appendix III enclosed with Circular No. 13/2018/TT-BCT .”.

3. Point b Clause 3 Article 20 is amended as follows:

“Receive applications for registration of new industrial explosives; establish the state-level scientific council for laboratory inspection of specification criteria and supervision of industrial explosive testing to recognize registration results and consider and propose adding these industrial explosives to the list of industrial explosives”.

4. Appendix I enclosed with Circular No. 13/2018/TT-BCT is replaced by Appendix I herein.

5. The phrase “precursors used in explosives manufacturing” in Article 2; Clauses 2, 4 and 6 Article 5; Article 6; Chapter II; Clause 1 Article 7; Clause 2 Article 10; Chapter III; Clause 1 and Point b Clause 4 Article 14; Clause 2 Article 18; Clause 1, Point a Clause 1 and Clause 2 Article 19; Points a, b, c, dd, e and g Clause 1, Points a, c, d and dd Clause 2 and Point a Clause 3 Article 20; Clauses 1, 3, 4 and 5 Article 21; Appendix IV; Appendix IX and Appendix X of Circular No. 13/2018/TT-BCT is replaced by the phrase “explosive precursors”.

6. “National technical regulation on safety in the  storage, transportation, use and disposal of industrial explosive materials QCVN 02:2008/BCT” and “National technical regulations on safety in the process of producing, testing and performing check and acceptance of industrial explosive materials QCVN 01:2012/BCT” in Clause 3 Article 3 and Appendix IV of Circular No. 13/2018/TT-BCT are replaced by “National technical regulation on safety in the process of producing, testing, performing check and acceptance, storage, transportation, use, disposal of industrial explosive materials and storage of explosive precursors QCVN 01:2019/BCT”.

Article 2. Implementation clause

1. This Circular takes effect from January 15, 2021.

2. In case the legislative documents cited for implementation in this Circular are amended or superseded, the newest documents shall apply.

3. Any difficulty arising during implementation of this Circular should be promptly reported to the Ministry of Industry and Trade for consideration and resolution./.