Decree No. 76/2014/ND-CP dated July 29, 2014 of the Government guiding the Ordinance on management and use of weapons, explosive materials, and combat gear

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Decree No. 76/2014/ND-CP dated July 29, 2014 of the Government guiding the Ordinance on management and use of weapons, explosive materials, and combat gear
Issuing body: GovernmentEffective date:
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Official number:76/2014/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:29/07/2014Effect status:
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Fields:Industry , Public order

SUMMARY

EXEMPT THE LICENSE FOR EXPLOSIVE PRECURSORS IS SMALLER THAN 05 KG PER YEAR FOR TESTING

This is the content prescribed at the Decree No. 76/2014/ND-CP dated July 29, 2014 of the Government guiding the Ordinance on management and use of weapons, explosive materials, and combat gear and takes effect on September 15, 2014.

In accordance with the regulations in this Decree, the obtainment of the License for trading, export, or import of explosive precursors for the purpose of scientific research or experiment shall be exempt if the amount of explosive precursors is smaller than 05 kg per year; any organization that imports explosive precursors for the purpose of manufacture, research, or experiment must obtain a License for explosive precursor import and is exempt from obtaining the License for explosive precursor trading.  Compounds that contain more than 45% of explosive precursors must adhere. The Decree focuses that beside the Certificate of Business registration or certificate of investment or Certificate of Business Registration that permits the operations pertaining to chemicals or industrial explosives, the organization must also satisfy some other conditions such as facilities; chemical safety; personnel such as the storage or port where explosive precursors are unloaded must comply with regulations on security and safety; containers of explosive precursors must have satisfactory quality and ensure environmental hygiene; vehicles sued for transporting explosive precursors must comply with regulations of law on transporting dangerous cargo…

Also in accordance with this Decree, the amount of explosive precursors being sold, imported, exported, and unsold must be monitored in separate books. Notes of delivery and receipts of explosive precursors must not contain other goods or supplies. Applicable regulations on invoicing and bookkeeping must be complied with. Any trading of explosive precursors without invoices shall be considered illegal and punished. Information, list of customers, and documents about explosive precursors must be kept for at least 05 years, even if the organization no longer has any operation pertaining to explosive precursors. If the organization has multiple branches, it must collect information from all of such branches.

Besides, the Government decides to equip the fishery patrol forces with military weapons such as fishery patrol staff and crewmembers on fishery patrol vessels are provided the following military weapons: pistols, submachine guns; ammunition for the weapons or fishery patrol vessels are provided with light machine guns, machine guns, 14.5 mm guns and ammunition for the weapons.

Ordinance on management and use of weapons, explosive materials and combat gear and its guiding documents shall apply to management and use of military weapons provided for fishery patrol forces.

This Decree takes effect on September 15, 2014.
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Effect status: Known

THE GOVERNMENT

No. 76/2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
Hanoi, July 29, 2014
 
                                       
DECREE
Detailing a number of articles of the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosives and
Supporting Tools
[1]
 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to June 30, 2011 Ordinance No. 16/2011/UBTVQH12 on Management and Use of Weapons, Explosives and Supporting Tools; and July 12, 2013 Ordinance No. 07/2013/UBTVQH13 Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosives and Supporting Tools;
At the proposal of the Minister of Industry and Trade and the Minister of Public Security;
The Government promulgates the Decree detailing a number of articles of the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosives and Supporting Tools.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree details and guides the implementation of Clauses 1, 2, 3 and 6, Article 1 of the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosives and Supporting Tools regarding the list of explosive precursors; conditions for explosive precursor business; and military weapons armed for the fisheries resources surveillance force under the Ministry of Agriculture and Rural Development.
2. This Decree does not apply to activities for security and defense purposes and fertilizer trading purposes under the Government’s Decree No. 202/2013/ND-CP of November 27, 2013, on management of fertilizers; and to emergency cases prescribed by law.
Article 2. Subjects of application
This Decree applies to organizations and individuals engaged in fisheries resources surveillance activities and explosive precursor business organizations in Vietnam.
Article 3. Interpretation of terms
1. Explosive precursor business means the performance of one, several or all of the activities of purchasing, selling, exporting and importing explosive precursors.
2. Copy means a document certified or affixed with a certifying seal by a business organization (for dossiers submitted by post), a photocopy accompanied by the original for comparison (for dossiers submitted directly), or a scanned file of the original (for dossiers submitted online).
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[1] Công Báo Nos 747-748 (11/8/2014)
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