Circular No. 13/2018/TT-BCT dated June 15, 2018 of the Ministry of Industry and Trade on management and use of industrial explosives and precursors used in explosives manufacturing

MINISTRY OF INDUSTRY AND TRADE

Circular No.13/2018/TT-BCT dated June 15, 2018 of the Ministry 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 some articles of the Law on management and use of weapons, explosives and combat gears regarding industrial explosives and explosive precursors;

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

At the request of the Director of the Industrial Safety Techniques and Environment Agency;

Minister of Industry and Trade promulgates a Circular on management and use of industrial explosives and precursors used in explosives manufacturing.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Circular provides for the lists of industrial explosives and precursors used in explosives manufacturing (hereinafter referred to as “industrial explosives and precursors”), the power to issue license for and certificates of management and use of industrial explosives and precursors, establishment, management, updating and operation of the database of industrial explosives and precursors under the management of Ministry of Industry and Trade, responsibility of organizations and enterprises engaged in research, manufacturing, trading, transport, use and destruction of industrial explosives and precursors.

Article 2.Subject of application

This Circular applies to regulatory authorities, organizations and individuals involved in managing, doing research on, manufacturing, trading, transporting, storing, using and destroying industrial explosives and precursors in the territory of Vietnam.

Article 3. List of authorized industrial explosives in Vietnam

1. The List of industrial explosives which can be manufactured, traded and used in Vietnam (hereinafter referred to as the “List of authorized explosives”) includes industrial explosives used for the purpose of petroleum exploration and extraction, and the ones specified in the Appendix I enclosed herewith.

2. Any organizations and individuals wishing to manufacture or import industrial explosives of a type which is not in the List of authorized explosives stated in the Appendix I enclosed herewith (excluding industrial explosives used for the purpose of petroleum exploration and extraction) must submit application to the Ministry of Industry and Trade for consideration and addition of such type of industrial explosives into the List of authorized industrial explosives. The application form for addition of industrial explosives of a new type is available in the Appendix II enclosed herewith.

3. Testing, checking and acceptance of industrial explosives of new types shall be carried out in accordance with the QCVN 01:2012/BCT – National technical regulations on safety in the process of producing, testing and performing check and acceptance of Industrial explosive materials.

4. Industrial explosives shall be labeled in accordance with applicable law regulations. Manufacturers and importers must use names of industrial explosives as specified in the Appendix I enclosed herewith and are allowed to use their trade names as regulated.

5. Manufacturers, importers and exporters of industrial explosives used for the purpose of petroleum exploration and extraction are required to announce applicable standards in accordance with regulations of the Law on quality of goods and products.

Article 4. List of precursors used in explosives manufacturing

The List of precursors used for manufacturing of industrial explosives is provided in the Appendix III enclosed herewith.

Article 5. Explosives and precursors licenses and certificates

1. Certificate of eligibility to manufacture industrial explosives.

2. Certificate of eligibility to manufacture precursors used in explosives manufacturing.

3. License to trade industrial explosives.

4. License to trade precursors used in explosives manufacturing.

5. license to import/ export industrial explosives.

6. License to import/export precursors used in explosives manufacturing.

7. License to use industrial explosives.

8. Blasting license.

Article 6. Power to issue explosives and precursors licenses and certificates

1. The Industrial Safety Techniques and Environment Agency has the power to issue, re-issue, modify and revoke:

a) The licenses and certificates specified in Clauses 1, 2, 3, 8 Article 5 herein;

b) The license to use industrial explosives for organizations which are state-owned enterprises, enterprises whose controlling shares are held by the State and in which the Committee for management of state capital in enterprises, the State Capital and Investment Corporation or an authorized Ministry acts as the agency exercising rights and obligations of state capital owner, petroleum enterprises, foreign-invested enterprises, enterprises licensed to perform mineral activities by the Ministry of Natural Resources and Environment, training providers or research institutions, except the ones under the management of the Ministry of National Defense.

2. The Vietnam Chemicals Agency has the power to issue, replace, re-issue, modify and revoke the licenses specified in Clause 4, 5 and 6 Article 5 herein.

3. Provincial Departments of Industry and Trade have the power to issue, re-issue and revoke licenses to use industrial explosives for local explosives users, except the ones specified in Point b Clause 1 of this Article and explosives users under the management of the Ministry of National Defense.

4. Specimens of explosives and precursors licenses and certificates are available in the Appendix IV enclosed herewith.

Chapter II

EXPLOSIVES AND PRECURSORS DATABASE

Article 7. Rules for establishment, updating, management and operation of explosives and precursors database

1. The database of industrial explosives and precursors used in explosives manufacturing (hereinafter referred to as “explosives and precursors database”) is established and managed by the Ministry of Industry and Trade.

2. The explosives and precursors database must be updated on a regular, ongoing, timely and effective manner.

3. The explosives and precursors database must be operated in accordance with applicable laws so as to meet national defense and security requirements, keep state secrets and guarantee political stability, public order and social safety.

4. Organizations and individuals have their rights to access, find and obtain information from the explosives and precursors database ensured in conformity with applicable law regulations.

Article 8. Database infrastructure

1. The explosives and precursors database must be built in conformity with the national information system architecture, the Ministry of Industry and Trade’s e-Government architecture, database standards, technical standards and regulations on information technology as well as technical-economic norms, and in a manner so as to ensure the compatibility, data integration, data sharing and ability to expand data fields in systems design and application software development.

2. Database design and structure must ensure further expansion and development.

3. Database infrastructure includes:

a) The system for digitalization and creation of digital contents;

b) The server system (including service server and administration server);

c) The data backup and storage system;

d) The information security and confidentiality system;

dd) The system of equipment serving the access, obtainment and updating of information;

e) The infrastructure software system.

Article 9. Database management

1. The agency which is affiliated to the Ministry of Industry and Trade and takes charge of information duties shall update the explosives and precursors database with the information provided by relevant ministries and local governments, and assume responsibility for the updated information.

2. Agencies which are assigned to build, manage and operate the explosives and precursors database must check and verify the information provided by agencies in charge of scientific and technological information, other organizations and individuals before using it for updating the database, update the database with the information types under their management and assume responsibility for the updated information.

Article 10. Database operation

1. The organizations specified in Articles 20, 21 herein have the rights to operate the explosives and precursors database within their competence.

2. All organizations and individuals have the rights to access and obtain free of charge the following information from the database:

a) Legislative documents about industrial explosives and precursors;

b) Manufactured and imported industrial explosives and precursors which are on the List of authorized explosives, and the List of precursors used in explosives manufacturing;

c) Statistical figures about explosives and precursors;

d) Information concerning explosives and precursors accidents and incidents.

3. Organizations that collect and handle information for updating the database are allowed to access and operate the database according to their authorized accessibility, and extract their data contributed to the database for building separate data files serving relevant ministries and local governments.

Article 11. Database maintenance and development

The management authority and organizations and agencies involved in building and operating the explosives and precursors database shall arrange personnel, facilities and funding for maintaining and developing the database.

Article 12. Operating, maintaining, supervising and upgrading database infrastructure and software systems

Operation, maintenance, supervision and upgrading of the explosives and precursors database include the following contents:

1. Implement measures for ensuring safety and protecting environment at the data center.

2. Adopt backup solutions for ensuring the system restoration in case of failure. The backup data needs to be safety stored, regularly checked and used to test the system restoration so as to ensure its readiness for use in emergencies.

3. Implement maintenance and repair measures to ensure the 24/7 operation of the database.

4. Provide adequate supervision to give warning of any risks to the database security.

5. Periodically review and propose plans for upgrading and development of database infrastructure and software systems in proportion to actual demands.

Article 13. Funding for database establishment, maintenance and development

1. Funding for building, maintaining and developing the explosives and precursors database is provided by state budget or other funding sources.

2. Funding for building, maintaining and developing the database includes:

a) Funding for investment in material – technical facilities serving the establishment, maintenance and development of the database;

b) Funding for ensuring the operation of training and research information system for serving the database;

c) Funding for collecting, handing, updating and integrating information into the database;

d) Funding for guaranteeing information security and confidentiality.

Chapter III

RESPONSIBILITY OF ORGANIZATIONS AND ENTERPRISES ENGAGED IN RESEARCH, MANUFACTURING, TRADING, TRANSPORT, USE AND DESTRUCTION OF INDUSTRIAL EXPLOSIVES AND PRECURSORS

Article 14. General responsibility

1. Comply with regulations on explosives and precursors licenses and certificates or written approvals by competent authorities.

2. Establish occupational safety and sanitation departments as regulated in Article 36 of the Government’s Decree No. 39/2016/ND-CP dated May 15, 2016. The head of this department shall manage and supervise this department as well as assign qualified technicians to take charge of technical safety at departments or job positions prone to risks of occupational safety, accidents, incidents, fire or explosion.

3. Promulgate and publish internal regulations and procedures for guaranteeing security, safety, fire and explosion, salvage and rescue as well as environmental protection; install or build prohibition, warning and instruction signs for relevant regulations on occupational safety, firefighting and prevention.

4. Keep and store documents and records:

a) Documents and records of each type of industrial explosives manufactured, traded, imported, exported, used, transported, stored, inventoried or destructed must be kept for 10 years from the date of occurrence of the relevant event;

b) Documents and records of each type of explosive precursors manufactured, traded, imported, exported, used, transported, stored, inventoried or destructed must be kept for 05 years from the date of occurrence of the relevant event.

5. A holder of the license to use industrial explosives or blasting license granted by the Industrial Safety Techniques and Environment Agency must give a written notification, using the form stated in the Appendix X enclosed herewith, to the People’s Committee of province where industrial explosives will be used at least 10 days before the date of using such explosives.

Article 15. Risk-based explosive safety assessment

1. Organizations engaged in research, manufacturing, trading, transport, storage, use and destruction of industrial explosives must carry out the risk-based explosive safety assessment according to the contents in the Appendix V enclosed herewith.

2. Organizations performing activities using industrial explosives must review and re-carry out their risk-based explosive safety assessment on an annual basis or when having changes in their safety conditions.

Article 16. Blasting plan and passport

1. An explosives user must prepare a blasting plan according to the Appendix VI enclosed herewith and have such blasting plan approved by the explosives user’s head.

2. Based on the blasting plan, the explosives user must prepare the passport of blasting according to the Appendix VII enclosed herewith when it carries out blasting activities.

Article 17. Emergency response plan

1. Organizations engaged in research, manufacturing, trading, transport, storage, use and destruction of industrial explosives must formulate emergency response plans according to the contents in the Appendix VIII enclosed herewith.

2. An emergency response plan must indicate measures for dealing with emergencies according to the risk-based explosive safety assessment results prescribed in Article 14 herein.

3. Organizations engaged in research, manufacturing, trading, transport, storage, use and destruction of industrial explosives must carry out annual emergency response training, drills and exercises. Such training, drills and exercises must be properly evaluated and recorded in order to complete the emergency response plan.

4. Organizations engaged in research, manufacturing, trading, transport, storage, use and destruction of industrial explosives must review and modify their emergency response plans in conformity with the reality on an annual basis or when having changes in emergency response tasks.

Article 18. Periodical reports

1. Periodical reports on industrial explosives:

a) Manufacturers and traders of industrial explosives must submit six-month reports and annual reports, which are made according to the Form No. 1 stated in the Appendix IX enclosed herewith, to the Ministry of Industry and Trade on their manufacturing and trading of industrial explosives by July 15 and January 15 of the following year respectively;

b) Industrial explosives users must submit six-month reports and annual reports, which are made according to the Form No. 2 stated in the Appendix IX enclosed herewith, to relevant Provincial Departments of Industry and Trade on their use of industrial explosives by July 05 and January 05 of the following year respectively;

c) Manufacturers, traders and users of industrial explosives under the management of the Ministry of National Defense shall prepare and submit reports in accordance with regulations in Points a, b Clause 1 of this Article and guidelines by the authority assigned by the Ministry of National Defense to manage industrial explosives.

2. Periodical reports on explosive precursors:

a) Manufacturers and traders of explosive precursors must submit six-month reports and annual reports, which are made according to the Form No. 1 stated in the Appendix IX enclosed herewith, to the Ministry of Industry and Trade on their manufacturing and trading of explosive precursors by July 15 and January 15 of the following year respectively;

b) Users of explosive precursors must submit six-month reports and annual reports, which are made according to the Form No. 2 stated in the Appendix IX enclosed herewith, to relevant Provincial Departments of Industry and Trade on their use of explosive precursors by July 05 and January 05 of the following year respectively;

c) Manufacturers, traders and users of explosive precursors under the management of the Ministry of National Defense shall prepare and submit reports in accordance with regulations in Points a, b Clause 1 of this Article and guidelines by the authority assigned by the Ministry of National Defense to manage industrial explosives.

Article 19. Ad-hoc reports

1. Organizations performing industrial explosives and precursors-related activities must submit ad-hoc reports to competent authorities in the following cases:

a) Submit reports to District-level Police Agency and Department of Industry and Trade of province where industrial explosives and precursors-related activities are performed within 24 hours from the detection of any illegal access to the explosives and precursors storage areas, any loss, accidents or incidents involving industrial explosives and precursors;

b) Submit reports to the Department of Industry and Trade of province where industrial explosives and precursors-related activities are performed within 48 hours from the completion of such activities;

c) Submit other reports at the request of a competent authority.

2. Organizations performing activities using industrial explosives and precursors under the management of the Ministry of National Defense shall prepare and submit reports in accordance with regulations in Points a, b Clause 1 of this Article and guidelines by the authority assigned by the Ministry of National Defense to manage industrial explosives.

3. Such ad-hoc reports are prepared using the Form No. 4 stated in the Appendix IX enclosed herewith.

Chapter IV

IMPLEMENTATIONRESPONSIBILITY

Article 20. Responsibility of agencies affiliated to the Ministry of Industry and Trade

1. The Industrial Safety Techniques and Environment Agency shall:

a) Take charge and cooperate with relevant authorities and organizations in formulating legislative documents, technical standards and regulations on safety of industrial explosives and precursors;

b) Take charge and organize inspections of and take actions against violations committed in the fields of industrial explosives and precursors in accordance with applicable law regulations;

c) Disseminate and provide instructions on the implementation of law regulations on industrial explosives and precursors;

d) Issue, re-issue, modify or revoke explosives and precursors licenses and certificates in accordance with regulations in Clause 1 Article 6 herein;

dd) Consolidate periodical and ad-hoc reports on industrial explosives and precursors submitted by Provincial Departments of Industry and Trade, and manufacturers and traders of industrial explosives and precursors; prepare periodical report on the management of industrial explosives and precursors within the ambit of its assigned functions and duties; propose explosives safety solutions;

e) Manage quality of constructions works built for the purpose of manufacturing and storage of industrial explosives and precursors in accordance with regulations of the law on investment and construction;

g) Take charge and cooperate with relevant authorities and organizations in reviewing and modifying the list of authorized explosives and the list of precursors used in explosives manufacturing.

2. The Vietnam Chemicals Agency shall:

a) Provide instructions on the implementation of law regulations on import and export of industrial explosives and precursors;

b) Issue, re-issue, replace, modify or revoke explosives and precursors licenses and certificates in accordance with regulations in Clause 2 Article 6 herein;

c) Take charge and organize inspections of and take actions against violations committed by organizations and individuals during the process of import and export of industrial explosives and precursors, and trading of precursors as regulated by law;

d) Prepare periodical report on the management of industrial explosives and precursors, reports on import and export of industrial explosives and precursors, and reports on investment in industrial explosives and precursors industries as regulated;

dd) Take charge and cooperate with relevant authorities and organizations in proposing changes in the list of authorized explosives and the list of precursors used in explosives manufacturing.

3. The Department of Science and Technology shall:

a) Take charge of formulating standards and regulations on quality of industrial explosives and precursors; organize and manage research, trial manufacturing and testing of industrial explosives and precursors;

b) Receive and process applications for addition of industrial explosives of new types into the List of authorized industrial explosives;

c) Receive, appraise and request the Minister of Industry and Trade to consider giving approval for schemes for research, development and experiments with industrial explosives proposed by science and technology institutions or industrial explosives manufacturers;

d) Take charge and cooperate with relevant authorities and organizations in proposing changes in the list of authorized explosives.

4. The E-commerce and Digital Economy Agency shall:

a) Take charge and cooperate with relevant authorities and organizations in building, updating, managing and operating the explosives and precursors database;

b) Maintain, supervise and upgrade database infrastructure and software systems of the explosives and precursors database.

Article 21. Responsibility of Provincial Departments of Industry and Trade

1. Take charge and cooperate with relevant authorities in such province to:

a) Formulate and submit regulations on management of explosives and precursors to the Provincial People’s Committee for consideration and promulgation in accordance with applicable laws;

b) Inspect and take actions against violations against regulations on use of industrial explosives and precursors in province as regulated.

2.Issue, re-issued or revoke the license to use industrial explosives in accordance with regulations in Clause 3 Article 6 herein.

3. Disseminate and provide instructions on the implementation of law regulations on industrial explosives and precursors in province.

4. Submit reports to the Ministry of Industry and Trade and Provincial-level People’s Committee, including:

a) Six-month reports and annual reports, which are made according to the Form No. 3 stated in the Appendix IX enclosed herewith, on management and use of industrial explosives and precursors in province by July 15 and January 15 of the following year respectively;

b) Reports, made according to the Form No. 5 stated in the Appendix IX enclosed herewith, on any illegal access to the explosives and precursors storage areas, any loss, accidents or incidents involving industrial explosives and precursors in province within 24 hours from the occurrence of relevant event.

5. Manage quality of constructions works built for the purpose of manufacturing and storage of industrial explosives and precursors in accordance with regulations of the law on investment and construction.

Article 22.Effect

1. This Circular takes effect on July 01, 2018.

2. The Circular No. 23/2009/TT-BCT dated August 11, 2009 by the Minister of Industry and Trade, the Circular No. 26/2012/TT-BCT dated September 21, 2012 by the Minister of Industry and Trade, the Circular No. 45/2013/TT-BCT dated December 31, 2013 by the Minister of Industry and Trade, the Circular No. 61/2014/TT-BCT dated December 29, 2014 61/2014/TT-BCT are abrogated.

3. In the course of implementation of this Circular, if any legislative documents that are referred to apply to this Circular are amended, supplemented or superseded, the new ones shall apply.

4. Industrial explosives which are in the List of authorized explosives promulgated under the Circular No. 45/2013/TT-BCT and manufactured before the date of entry into force of this Circular shall be used according to the names prescribed in the Circular No. 45/2013/TT-BCT until the end of their useful life.

5. Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.

For the Minister

The Deputy Minister

Hoang Quoc Vuong