Nghị định 54/2012/ND-CP

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 39/2009/ND-CP OF APRIL 23, 2009 ON INDUSTRIAL EXPLOSIVES

Pursuant to the Law on Government organization on December 25, 2001;

Pursuant to the Ordinance on the management and use of weapons, explosives and supportive gadget No. 16/2011/UBTVQH12 on June 30, 2011;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree on amending and supplementing a number of articles of the Government's Decree No. 39/2009/ND-CP of April 23, 2009 on industrial explosives,

Article 1. Amending and supplementing a number of articles of the Government's Decree No. 39/2009/ND-CP of April 23, 2009 on industrial explosives as follows:

1. Amending Clause 1 Article 16 as follows:

 “1. Organizations trading explosive precursor substances must be the enterprise prescribed in Point a Clause 4 Article 25 of the Ordinance on the management and use of weapons, explosives and supportive gadget No. 16/2011/UBTVQH12 of June 30, 2011.

The production, exportation, importation, preservation, transportation and trading of explosive precursor substances must ensure the security and order in accordance with the provisions on the management of industrial explosives and ensure the safety requirements as prescribed by law provisions on dangerous chemicals.”

2. Amending Clause 1 Article 17 as follows:

 “1. Organizations trading industrial explosives must be the enterprises prescribed in Point a Clause 3 Article 25 of the Ordinance on the management and use of weapons, explosives and supportive gadget No. 16/2011/UBTVQH12 of June 30, 2011.”

3. Amending Clause 1 Article 18 as follows:

“1. To import and authorize the import and sale of explosive precursor substances from the enterprises that possess the License to trade explosive precursor substances; ensure the production material reserve and precursor substances as committed with the organizations that trade and use industrial explosives.”

4. Amending Clause 1 Article 19 as follows:

 “1. Organizations trading industrial explosives must be the enterprise prescribed in Point a Clause 4 Article 25 of the Ordinance on the management and use of weapons, explosives and supportive gadget No. 16/2011/UBTVQH12 of June 30, 2011.”

5. Amending and supplementing Clause 1 Article 34 as follows:

“1. The organization applying for the Certificate, the License as prescribed in Clause 1, 2, 3, 4, 5 Article 33 shall compile and send the dossier to the competent State agencies prescribed in Article 36 of this Decree.

The application for the Certificate, the License includes:

a) The application sheet for the Certificate, the License under the prescribed form;

b) The copy of the Certificate of Business registration;

c) The papers and documents proving the fulfillment of the conditions and requirements prescribed in Chapter II of this Decree, corresponding to the activity applying for the Certificate, the License.

The Ministry of Industry and Trade shall specify the documents proving the fulfillment of the conditions and requirements of the production, the trading, the preservation, the use and the provision of blast services for the organizations prescribed in Clause 1, 2 Article 36 of this Decree.

The Ministry of National Defense shall specify the documents proving the fulfillment of the conditions and requirements for the use of industrial explosives for the organizations affiliated to the Ministry of National Defense.”

6. Amending Clause 2 Article 34 as follows:

"2. The Ministry of National Defense shall specify the documents proving the fulfillment of the conditions and requirements for the transportation of industrial explosives for the organizations under the management of the Ministry of National Defense.

The Ministry of Public Security shall specify the documents proving the fulfillment of the conditions and requirements for the transportation of industrial explosives for the remaining subjects.”

7. Amending Clause 3 Article 34 as follows:

“3. The organizations applying for the Certificate, the License may not submit the papers prescribed in Point c Clause 1 this Article if the necessary information in such documents are provided and posted on the official websites of the agencies that issued such documents.”

8. Amending and supplementing Clause 5 Article 34 as follows:

“5. Within 05 (five) working days as from fully receiving the valid dossiers prescribed in Clause 1 this Article, competent State agencies are responsible to issue the Certificate, the License to the organizations that apply for the license, or specify the reasons if not.

“Within 03 (five) working days as from fully receiving the valid dossiers prescribed in Clause 2 this Article, competent State agencies are responsible to issue the License to transport industrial explosives to the organizations that apply for the license, or specify the reasons if not.”

9. Amending Clause 2 Article 35 as follows:

"2. The terms of the License to trade industrial explosives, the Certificate of eligibility to produce industrial explosives, explosive precursor substances are not defined. Annually, the agencies that issue the Business license and the Certificate of capability shall cooperate with relevant agencies to inspect the fulfillment of the conditions prescribed in the License, the Certificate with which the organizations that have been issued; impose sanctions against the violations as prescribed by current provisions on sanctions against administrative violations of industrial explosive management.”

10. Amending Point a Clause 3 Article 35 as follows:

“3. The License term:

a) Within 05 (five) years for the License to use industrial explosives serving mineral extraction.”

11. Amending Point d Clause 3 Article 35 as follows:

“d) In accordance with the requested term in the dossier but must not exceed 06 (six) months for the License to transport industrial explosives”.

12. Amending and supplementing Clause 4 Article 35 as follows:

“4. The Ministry of Industry and Trade shall specify the forms of the Certificate, the License to produce, trade, preserve, use and provide blast services.

The Ministry of National Defense shall specify the form of the License to transport industrial explosives and the procedures for issuing and suspending the issuance of the License to transport industrial explosives to the units under the management of the Ministry of National Defense.

The Ministry of Public Security shall specify the form of the License to transport industrial explosives and the procedures for issuing and suspending the issuance of the License to transport industrial explosives to the remaining subjects.

13. Amending and supplementing Article 36 as follows:

“1. The line management agencies of industrial explosives affiliated to the Ministry of Industry and Trade shall issue, adjust, withdraw the Certificate of production capability, the License to trade industrial explosives, explosive precursor substances, the License to export, import industrial explosives, explosive precursor substances to organizations of which the major share is held by the State and represented by Central agencies, Ministries or the State Capital Investment Corporation, the petroleum enterprises, the foreign-capitalized enterprises, the agencies providing scientific training and research.

2. People’s Committees of central-affiliated cities and provinces shall issue, adjust, withdraw the License to use industrial explosives or authorize the Services of Industry and Trade to issue, adjust, withdraw the License to use industrial explosives of the remaining organizations under the provincial management and issue the License to use industrial explosives to the enterprise prescribed in Clause 1 this Article that have been equitized of which the major share is not hold by the State when the License to use industrial explosives previously issued by the Ministry of Industry and Trade expires.

3. The Ministry of Public Security shall specify agencies in charge of issuing, adjusting, withdrawing the License to transport industrial explosives of the organizations outside the management of the Ministry of National Defense.

4. The Ministry of National Defense shall specify agencies in charge of issuing, adjusting, withdrawing the License to use industrial explosives, the License to transport industrial explosives of the subjects under the management of the Ministry of National Defense.”

14. Amending and supplementing Clause 2 Article 37 as follows:

“2. In case the organization working with industrial explosives, explosive precursor substances changes the contents of business registration, or location, scale, or operation conditions of the Certificate or the License, the competent agencies prescribed in Article 36 of this Decree shall adjust the Certificate or the License. The application for the adjustment include the written request and the documents proving the changes the contents of business registration, or location, scale, or operation conditions. The time limits for verifying and issuing the Certificate, the License is specified in Clause 8 this Article.”

15. Amending and supplementing Clause 1, Clause 3 Article 42 as follows:

“1. Inspecting, issuing the Certificate of capability of security, the Certificate of capability of fire prevention and fighting to the organizations working with industrial explosives, explosive precursor substances before the competent agencies issue the License, the Certificate of the capability of industrial explosives, explosive precursor substances business. Inspecting and issuing the License to transport industrial explosives to the subjects outside the management of the Ministry of National Defense. Issuing the License to transport explosive precursor substances as prescribed by law provisions on transportation of dangerous goods.

3. Cooperating with the Ministry of National Defense to guide the suspension of the issuance of the License to transport industrial explosives in case the political and social security and need to be secured during national activities or at politically sensitive areas.”

16. Amending and supplementing Clause 2, Clause 3 Article 43 as follows:

“2. Inspecting and issuing the License to use industrial explosives to the national defense enterprises, economic military units.. Inspecting and issuing the License to transport industrial explosives of the subjects under the management of the Ministry of National Defense. Cooperating with the Ministry of Industry and Trade in inspecting the implementation of the law provisions on industrial explosives business.

3. Cooperating with the Ministry of Public Security to guide the suspension of the issuance of the License to transport industrial explosives in case the political and social security and need to be secured during national activities or at politically sensitive areas.”

Article 2. Implementation provisions

1. This Decree takes effect on August 10, 2012.

2. The Licenses to trade explosive precursor substances issued before this Decree takes effect are still valid under the term in such Licenses.

Article 3. Implementation responsibilities

1. The Ministry of Industry and Trade is responsible to cooperate with relevant Ministries and agencies to guide the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible to implement this Decree./.