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

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).

Article 4. State management responsibilities

1. Responsibilities of the Ministry of Industry and Trade:

a/ To take responsibility before the Government for performing the state management of the explosive precursor business;

b/ To promulgate within its competence or assume the prime responsibility for, and coordinate with the Ministry of National Defense, the Ministry of Public Security and related ministries and sectors in, submitting to the Government for promulgation legal documents on explosive precursor business;

c/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, making and revising the list of explosive precursors;

d/ To grant, modify and revoke licenses for trading in, or licenses for export or import of, explosive precursors;

dd/ To guide the implementation of regulations in the explosive precursor business;

e/ To assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of National Defense and related ministries and sectors in, examining the implementation of regulations on conditions for explosive precursor business and safety assurance in the trading in, and export, import and use of explosive precursors;

g/ To review the satisfaction of explosive precursor business conditions nationwide;

g/ To conduct inspection and examination and settle complaints and denunciations related to the explosive precursor business.

2. Responsibilities of related ministries and sectors:

a/ The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade and the Ministry of National Defense in, examining the implementation of regulations on fire prevention and fighting and security and order by explosive precursor business organizations;

b/ Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their responsibilities and powers, coordinate with the Ministry of Industry and Trade in performing the state management of the explosive precursor business;

c/ The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Public Security in guiding the management, preservation and use of military weapons armed for the fisheries resources surveillance force.

3. Responsibilities of People’s Committees at all levels:

a/ People’s Committees at all levels shall, within the ambit of their responsibilities and powers, manage, inspect, examine, settle complaints and denunciations, and sanction administrative violations related to the explosive precursor business in localities in accordance with law;

b/ Provincial-level Industry and Trade Departments as specialized agencies shall assist provincial-level People’s Committees in managing the explosive precursor business in localities.

Article 5. Responsibilities of explosive precursor business organizations

1. To meet the conditions specified in Article 11 and Clause 2, Article 14, of this Decree for being licensed to trade in or export and import explosive precursors; to trade in, export and import explosive precursors only after being licensed by competent agencies.

2. To strictly comply with legal provisions, safety standards and technical regulations on explosive precursors; fire prevention and fighting; security, social order and safety; and environmental protection.

3. To implement this Decree’s provisions on recording, documents, management of licenses and reporting regime.

4. In the course of their operation, if detecting any loss of explosive precursors, to promptly notify it to the nearest police office and concurrently to the managing provincial-level Industry and Trade Department, and take responsibility for such loss.

Article 6. Licensing exemption, compounds

1. Licensing exemption:

a/ The trading in or export or import of explosive precursors of under 5 (five) kg/year for scientific research or experimentation purposes shall be exempted from licensing;

b/ To import explosive precursors for direct use in production, research or experimentation activities, organizations must possess licenses for import of explosive precursors. They are exempted from licenses for trading in explosive precursors but must still meet the conditions specified in Clauses 3, 4 and 5, Article 11 of this Decree.

2. Compounds with a content of explosive precursors exceeding 45% must comply with this Decree and other relevant regulations.

Article 7. Prohibited acts

1. Trading in, exporting or importing explosive precursors without licenses. Purchasing or selling in the country explosive precursors from organizations that do not possess licenses for trading in explosive precursors.

2. Transferring, leasing, lending, mortgaging, donating, or arbitrarily modifying contents of, licenses for trading in or licenses for export or import of explosive precursors.

3. Purchasing or selling explosive precursors without invoices and documents as prescribed by law. Illegally storing or owning explosive precursors.

4. Trading in, exporting or importing explosive precursors which contravene the granted licenses or harm human beings, property or the environment, affecting security and social order and safety.

5. Failing to provide information or providing false information on explosive precursors; failing to promptly report to competent agencies, concealing or distorting reported information on the loss, accidents or incidents in the process of conducting explosive precursor business.

6. Abusing positions or powers or state management activities to illegally obstruct, trouble, harass, or cover up violations of regulations on, the explosive precursor business.

7. Other prohibited acts as prescribed by law.

Chapter II

ARMING OF MILITARY WEAPONS FOR THE FISHERIES RESOURCES SURVEILLANCE FORCE

Article 8. Subjects to be armed with military weapons in the fisheries resources surveillance force

1. Personnel in the fisheries resources surveillance force.

2. Fisheries resources surveillance vessels.

Article 9. Types of military weapons armed for the fisheries resources surveillance force

1. Fisheries resources surveillance officers and crewmembers of fisheries resources surveillance vessels shall be armed with the following types of military weapons:

a/ Pistols and submachine guns;

b/ Bullets used for the types of guns specified at Point a of this Clause.

2. Fisheries resources surveillance vessels shall be armed with the following types of military weapons:

a/ Light machine guns, heavy machine guns and 14.5 mm guns;

b/ Bullets used for the types of guns specified at Point a of this Clause.

Article 10. Management and use of military weapons within the fisheries resources surveillance force

The management and use of military weapons within the fisheries resources surveillance force must comply with the Ordinance on Management and Use of Weapons, Explosives and Supporting Tools and guiding documents.

Chapter III

TRADING IN, EXPORT AND IMPORT OF EXPLOSIVE PRECURSORS

Section 1

TRADING IN EXPLOSIVE PRECURSORS

Article 11. Conditions for an organization to trade in explosive precursors

1. Having an enterprise registration certificate, an investment certificate or a business registration certificate stating the business line related to chemicals or industrial explosives, granted by a competent state agency.

2. Being an enterprise approved by the Prime Minister to trade in explosive precursors at the proposal of the Ministry of Industry and Trade, the Ministry of Public Security or the Ministry of National Defense.

3. Requirements on physical-technical foundations:

a/ Warehouses, wharves or places for storage and loading and unloading of explosive precursors must satisfy the conditions on security and order; have fire and explosion prevention and fighting equipment as prescribed in the Law on Fire Prevention and Fighting; and ensure safety distances from works and objects in need of protection according to current standards and regulations, the law on chemicals and relevant regulations;

b/ Tools and equipment for containing and storing explosive precursors must satisfy quality and environmental sanitation requirements; vehicles for transporting explosive precursors must comply with regulations on transportation of dangerous goods;

c/ Owned or rented warehouses of explosive precursors must meet the conditions on quality preservation during the period of trading in explosive precursors;

d/ Having lawful documents proving manufacturers, importers or suppliers of explosive precursors traded;

dd/ Having equipment for controlling, collecting and treating hazardous wastes or having contracts on transportation, treatment or destruction of hazardous wastes in accordance with the Law on Environmental Protection.

4. Requirements on chemical safety assurance:

Having measures to prevent and respond to chemicals incidents, certified by a competent agency, or having a plan on prevention of and response to chemical incidents, approved by a competent agency in accordance with the Law on Chemicals.

5. Requirements on personnel:

Persons directly managing and administering, and workers and employees involved in, the trading in explosive precursors must be trained in chemical safety techniques.

Article 12. Agency acting as the focal point in collecting opinions and granting licenses

The Ministry of Industry and Trade shall act as the focal point in collecting opinions of the Ministry of Public Security and the Ministry of National Defense on dossiers of trading in explosive precursors at the proposal of organizations and concurrently has the competence to grant licenses for trading in explosive precursors after obtaining the Prime Minister’s approval.

Article 13. Procedures for grant of licenses for trading in explosive precursors

1. A license application dossier must comprise:

a/ An application for a license for trading in explosive precursors, made according to a set form;

b/ A copy of the enterprise registration certificate or investment certificate or business registration certificate, which states the business line related to chemicals or industrial explosives, granted by a competent state agency;

c/ Papers and documents proving the applicant’s satisfaction of the conditions specified in Clauses 3, 4 and 5, Article 11 of this Decree.

2. Order of licensing:

a/ An applicant shall make 1 (one) dossier set comprising the papers and documents specified in Clause 1, Article 13 and send it by post or directly to the Ministry of Industry and Trade;

b/ Within 3 (three) working days after receiving a dossier, the Ministry of Industry and Trade shall notify the applicant of whether the dossier is complete and valid and request the applicant to complete the dossier only once. The time of notification and dossier completion shall not be included in the time limit for licensing prescribed at Point c of this Clause;

c/ The time limit for licensing is 20 (twenty) working days from the date of receipt of a complete dossier prescribed in Clause 1 of this Article, specifically as follows:

Within 7 (seven) working days after being consulted by the Ministry of Industry and Trade, the Ministry of Public Security and the Ministry of National Defense shall give written opinions on the license application dossier;

Within 13 (thirteen) days, the Ministry of Industry and Trade shall complete the dossier based on the opinions of the Ministry of Public Security and the Ministry of National Defense for submission to the Prime Minister for approval. If the dossier fails to meet the prescribed conditions, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason.

3. Contents and validity duration of a license:

a/ A license must have the following contents: Name, address of the head office of the organization trading in explosive precursors; place and scope of operation; validity duration; form of operation; quantities and types of explosive precursors; and obligations of the licensed organization;

b/ A license is valid for up to 5 (five) years from the date of its grant.

4. Expiration of a license:

After a license expires, the organization trading in explosive precursors that wishes to continue trading activities shall:

a/ Send an application, made according to a set form, to the Ministry of Industry and Trade, requesting permission for continuation of the trading in explosive precursors;

b/ Provide papers and documents proving the change(s), if any, in business registration, place, scale or conditions. The dossier, procedures, time limit and contents of licensing must comply with Clauses 1, 2, 3 and 4 of this Article.

5. Re-grant, modification or revocation of a license:

a/ A license shall be re-granted in case it is lost, erroneous or damaged. The contents and validity duration of a re-granted license are the same as those of the old license. The re-granted license must be accompanied by a decision annulling the lost, erroneous or damaged license.

A dossier of application for license re-grant must comprise an application for license re-grant (clearly stating the reason), made according to a set form; the erroneous or damaged license (not applicable if the license is lost). The Ministry of Industry and Trade shall re-grant a license within 5 (five) working days after examining the dossier archived at the competent licensing agency;

b/ A license shall be modified in case of change(s) in business registration, place, scale or conditions or information related to the applicant.

A dossier of application for license modification must comprise an application for license modification (clearly stating the reason), and relevant papers and documents proving the change(s). Within 10 (ten) working days after receiving a valid dossier, the Ministry of Industry and Trade shall grant a modified license. The validity duration of a modified license is the same as that of the old license. The dossier, procedures, time limit and contents of licensing must comply with Clauses 1, 2, 3 and 4 of this Article;

c/ A license shall be revoked in the following cases: The organization fails to meet the conditions for trading in explosive precursors specified in Article 11 of this Decree; uses fake papers or provides untruthful information in the license application dossier; fails to trade in explosive precursors within 6 months after being granted the license; or terminates operation or goes bankrupt.

The competent licensing agency shall issue decisions annulling the validity of the revoked licenses and notify such to organizations that have their licenses revoked and related organizations.

Section 2

EXPORT AND IMPORT OF EXPLOSIVE PRECURSORS

Article 14. Licensing agency and conditions for export or import of explosive precursors

1. The Ministry of Industry and Trade has the competence to grant licenses for export or import of explosive precursors.

2. To export or import explosive precursors, organizations must possess licenses for export or import of explosive precursors granted by the Ministry of Industry and Trade.

Article 15. Procedures for grant of licenses for export or import of explosive precursors

1. A license application dossier must comprise:

a/ An application for a license, made according to a set form;

b/ A copy of the license for trading in explosive precursors, for organizations trading in explosive precursors, or the certificate of eligibility for production of explosive precursors, for organizations importing explosive precursors for production of industrial explosives;

c/ A report on the amounts of explosive precursors already exported or imported in the planning year;

d/ A copy of the contract or goods order or invoice on purchase and sale of explosive precursors.

2. Order of licensing:

a/ An applicant for a license for export or import of explosive precursors shall make 1 (one) dossier set comprising the papers and documents specified in Clause 1 of this Article and send it by post or directly to the Ministry of Industry and Trade;

b/ Within 2 (two) working days after receiving a dossier, the Ministry of Industry and Trade shall notify the applicant of whether the dossier is complete or valid and request the applicant to complete the dossier only once. The time of notification and dossier completion shall not be included in the licensing time limit prescribed at Point c of this Clause;

c/ Within 5 (five) working days after receiving a complete and valid dossier as prescribed in Clause 1 of this Article, the competent licensing agency shall examine and appraise the dossier and grant a license to the eligible applicant. In case of refusal, the licensing agency shall reply in writing clearly stating the reason.

3. Contents and validity duration of a license:

a/ A license must have the following principal contents: Name, address of the head office of the organization trading in explosive precursors; place and scope of operation; validity duration; quantities and types of explosive precursors; goods-ordering contract or invoice on purchase and sale of explosive precursors; use purposes; names of the border gates of exportation and importation; and obligations of the licensed organization;

b/ A license is valid for up to 3 (three) months from the date of its grant.

4. Organizations that are granted licenses for import of explosive precursors are not required to comply with regulations on grant of written certifications of declaration of chemicals on the list of chemicals subject to declaration in accordance with the Law on Chemicals and guiding documents.

Chapter IV

RECORDING, DOCUMENTS AND REPORTING, EXAMINATION OF THE EXPLOSIVE PRECURSOR BUSINESS

Article 16. Regime on recording and documents

1. Organizations and individuals shall open separate books for monitoring the amounts of explosive precursors traded, imported, exported and left in stock.

2. In the bills of ex-warehousing and warehousing explosive precursors of traders, importers or exporters of explosive precursors, no recording of other goods or supplies is allowed.

3. Organizations and individuals shall comply with the current regime on invoices and documents. The purchase and sale of explosive precursors without invoices and documents shall be regarded as illegal trading and handled in accordance with law.

4. Information, list of customers and dossiers on explosive precursors shall be preserved for at least 5 (five) years, even when organizations no longer conduct activities related to explosive precursors. In case an organization carrying out activities related to explosive precursors has many branches, all relevant information about these branches shall be preserved.

Article 17. Management of licenses

1. Licenses for trading in and licenses for export or import of explosive precursors shall be preserved at registered head offices of licensed organizations.

2. At least 3 (three) days before commencing the explosive precursor business, an organization that is granted an explosive precursor business license shall submit a copy of this license to the provincial-level line department and Police Department of the locality where it conducts the explosive precursor business.

Article 18. Reporting regime

1. Explosive precursor business organizations shall make biannual and annual reports and extraordinary reports on their business activities at the request of competent agencies. The Minister of Industry and Trade shall stipulate in detail the report forms and time of reporting.

2. The Ministry of Industry and Trade shall biannually and annually summarize and report on the situation of explosive precursor business, and send extraordinary reports upon request to the Government.

Article 19. Examination of explosive precursor business

Once a year, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in, examining the explosive precursor business conditions of organizations licensed to trade in or export or import explosive precursors. If detecting violations of this Decree or detecting information or documents which show signs of violation of this Decree through its management activities,  the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in, conducting irregular examinations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 20. Transitional provisions

1. Licenses for trading in explosive precursors already granted to organizations before the effective date of this Decree which have not yet expired or had expired after March 1, 2014, continue to be valid through December 31, 2014.

2. Licenses for export or import of explosive precursors already granted to organizations before the effective date of this Decree continue to be valid until the amounts of explosive precursors indicated in the licenses are fully exported or imported.

Article 21. List of explosive precursors

To promulgate together with this Decree a list of explosive precursors. To meet management requirements in each period, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with line ministries in, considering and submitting the list of explosive precursors to the Government for modification, supplementation and approval.

Article 22. Implementation guidance and detailing

1. The Minister of Industry and Trade shall guide the implementation of Clauses 3, 4 and 5, Article 11 and Clauses 4 and 5, Article 13, of this Decree.

2. The Minister of Industry and Trade shall stipulate in detail:

a/ Papers and documents proving the satisfaction of conditions for trading in explosive precursors prescribed at Point c, Clause 1, Article 13; the form of license application; the form of license for trading in explosive precursors; the form of re-granted or modified license; the form of application for continued trading in explosive precursors; and the form of application for license re-grant or modification prescribed in Article 13 of this Decree;

b/ The form of license application and the form of license for export or import of explosive precursors prescribed in Article 15 of this Decree;

c/ The examination contents and agencies competent to examine explosive precursor business organizations in localities under his/her management as prescribed in Article 19 of this Decree.

Article 23. Effect

1. This Decree takes effect on September 15, 2014.

2. This Decree replaces the provisions in Clause 3, Article 3 on the definition of “explosive precursor” and the provisions on trading in, and export and import of, explosive precursors in Article 16 of the Government’s Decree No. 39/2009/ND-CP of April 23, 2009, on industrial explosives.

Article 24. Implementation responsibilities

1. The Ministry of Industry and Trade shall coordinate with related ministries and sectors in detailing, and guiding the implementation of, articles and clauses assigned in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

Appendix

LIST OF EXPLOSIVE PRECURSORS

(To the Government’s Decree No. 76/2014/ND-CP of July 29, 2014)

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