Circular No. 03/2006/TT-BCN dated April 14, 2006 of the Ministry of Industry guiding the import and export of industrial explosives and the import of products with a high content of ammonium nitrate

CIRCULAR

GUIDING THE IMPORT AND EXPORT OF INDUSTRIAL EXPLOSIVES AND THE IMPORT OF PRODUCTS WITH A HIGH CONTENT OF AMMONIUM NITRATE

Pursuant to the Government s Decree No. 55/2003/ND-CP of May28, 2003, defining the functions, tasks,powers and organizational structure of the Ministry of Industry;

Pursuant to the Government s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regardinginternational goods sale and purchase and goods sale and purchase agency, processing and transit activitieswith foreign countries;

The Ministry of Industry hereby guides the import and export of industrial explosives and the import of products with a high content of ammonium nitrate (ammonium nitrate accounting for 98.5% or more by dry weight) as follows:

1. Scope of regulation and subjects of application

b/ This Circular applies to enterprises licensed totrade in industrial explosives (having permits for importand export of industrial explosives and import of products with a high content of ammonium nitrate -hereinafter referred to as ammonium nitrate for short),enterprises licensed to produce industrial explosives (having permits for import of ammonium nitrate),enterprises using ammonium nitrate for other purposes(having permits for import of ammonium nitrate), andoil and gas enterprises named in the Oil and Gas Exploration and Exploitation Company s Decision approving annual quotas for import and export of industrial explosives (having permits for import of industrial explosives and permits for

2. Order of approval and grant of permits

a high content of ammonium nitrate.

b/ Annually, the Industry Ministry shall approve quotas for import and export of industrial explosives granted to enterprises licensed to trade in industrial explosives and oil and gas enterprises of which the Oil and Gas Exploration and Exploitation Company acts as the principal one.

c/ Basing themselves on approved annual quotas,enterprises shall sign goods sale and purchasecontracts and make dossiers of application and submitthem to the Industry Ministry for the grant of permits for export of industrial explosives, permits for import of industrial explosives or permits for import of ammonium nitrate.

Where enterprises have used up the approvedquotas and still wish to import or export more goods, they shall make dossiers of request and submit them to the Industry Ministry for consideration and grant ofadditional quotas. The order, procedures and dossiersof request for additional quotas shall apply as in the cases of request for quotas at the beginning of the year.

3.Dossiers of application for permits for importof industrial explosives

d/ Copies of the contract on purchase of industrialexplosives signed with a foreign enterprise and thecontract on sale of industrial explosives signed with adomestic enterprise.

4.Dossiers of application for permits for exportof industrial explosives

In case of export (re-export) of industrial explosivesby oil and gas enterprises, copies of the contract on purchase of industrial explosives from a foreign enterprise and the contract on sale of industrial explosives to another foreign enterprise.

5.Dossiers of application for permits for importof ammonium nitrate

d/ A copy of the contract on purchase of ammoniumnitrate signed with a foreign enterprise.

6.Time limit for consideration and grant of permits

Within seven working days after receiving completeand valid dossiers, the Industry Ministry shall considerand grant permits to enterprises (made according toset forms) or reply in writing the reasons for its refusalto grant permits.

7.Reporting regime

Enterprises shall report on the import and export of goods according to current regulations. The deadlines for sending biannual reports and annualreports are July 15 and January 15 of the subsequentyear respectively.

8.Implementation provisions

a/ The Mechanical, Metallurgy and ChemicalDepartment shall assume the prime responsibility for,and coordinate with other functional departments in, assisting the Ministry manage and guide the grant of permits for import and export of industrial explosives and import of products with a high content of ammonium nitrate.