Decree No. 54/2012/ND-CP dated June 22, 2012 of the Government amending and supplementing a number of articles of the Government's Decree No. 39/2009/ND-CP of April 23, 2009 on industrial explosives

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Decree No. 54/2012/ND-CP dated June 22, 2012 of the Government amending and supplementing a number of articles of the Government's Decree No. 39/2009/ND-CP of April 23, 2009 on industrial explosives
Issuing body: GovernmentEffective date:
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Official number:54/2012/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:22/06/2012Effect status:
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Fields:Industry

SUMMARY

FIVE-YEAR-TERM FOR INDUSTRIAL EXPLOSIVE’S LICENSE

On June 22, 2012, the Government promulgates the Decree No. 54/2012/ND-CP 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.

Under the Decree, the term of the License to trade industrial explosives is within five years for the License to use industrial explosives serving mineral extraction.

The term of the License to use industrial explosives for works, research, pilot and petrol operation and the term of the License of blasting services are still calculated according to the term of works and within 02 years.

At the same time, 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.

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

This Decree takes effect on August 10, 2012.
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THE GOVERNMENT
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
---------------
No. 54/2012/ND-CP
Hanoi, June 22, 2012
 
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:
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