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

THE GOVERNMENT

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 

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Ordinance No. 16/2011/UBTVQH12 dated June 30, 2011 on the management and use of weapons, explosive materials and combat gear, and the Ordinance on amendments to the Ordinance No. 07/2013/UBTVQH13 dated July 12, 2013 on amendments to the Ordinance No. 16/2011/UBTVQH12.

At the request of the Minister of Public Security and the Minister of Industry and Trade,

The Government promulgates a Decree providing guidelines for some Article of the Ordinance on amendments to the Ordinance on management and use of weapons, explosive materials, and combat gear.

Chapter I

GENERAL REGULATIONS

Article 1. Scope of application

1. This Decree provide guidelines for Clauses 1, 2, 3 and 6 Article 1 of the Ordinance on amendments to some Articles of the Ordinance on the management and use of weapons, explosives and combat gear on the list of explosive precursors, requirements for trading in explosive precursors; military weapons for fishery patrol forces of the Ministry of Agriculture and Rural Development.

2. This Decree does not apply to activities serving national defense and security and fertilizer trading prescribed in the Government s Decree No. 202/2013/ND-CP dated November 27, 2013 on fertilizer management and in emergencies defined by law.

Article 2. Subject of application

This Decree applies to the organizations and individuals participating in fishery patrol and the organizations trading in explosive precursors in Vietnam.

Article 3. Interpretation of terms

1. Explosive precursor trading includes but is not limited to buying, selling, exporting, and importing explosive precursors.

2. Copies are certified true copies of copies bearing the seal of the business organization (if the application is sent by post), photocopies enclosed with original copies for comparison (if the application is submitted directly), or scanned copies (if the application is submitted online).

Article 4. Responsibilities of regulatory bodies

1. The Ministry of Industry and Trade shall:

a) Take responsibility to the government for management of explosive precursor trading;

b) Promulgate or cooperate with the Ministry of National Defense, the Ministry of Public Security, relevant Ministries and agencies in compiling legislative documents on explosive precursor trading;

c) Take charge and cooperate with relevant Ministries and agencies in revising the list of explosive precursors;

d) Issue, adjust, and revoke Licenses for trading, export, and import of explosive precursors;

dd) Provide guidance on implementation of regulations of law on explosive precursor trading;

e) Take charge and cooperate with the Ministry of Public Security, the Ministry of National Defense, relevant Ministries and agencies in inspecting adherence to regulations of law on requirements for trading in explosive precursors in order to ensure safety during the trading, export, import, and use of explosive precursors;

g) Report the fulfillment to requirements for explosive precursor trading nationwide;

h) Carry out inspections, resolve complaints and denunciations pertaining to explosive precursor trading.

2. Responsibilities of relevant Ministries and agencies:

a) The Ministry of Public Security shall take charge and cooperate with the Ministry of National Defense in inspecting adherence to regulations on fire safety, security and order of the organizations trading in explosive precursors;

b) Other Ministries, ministerial agencies, Governmental agencies shall, within the area of their competence, cooperate with the Ministry of Industry in management of explosive precursor trading;

c) The Ministry of Agriculture and Rural Development shall cooperate with the Ministry of Public Security in providing instructions on management, preservation, and use of military weapons supplied for the fishery patrol forces.

3. Responsibilities of the People’s Committees:

a) People’s Committees, within the area of their competence, shall carry out management, inspections, resolve complaints, denunciations, and impose administrative penalties for violations against regulations on explosive precursor trading committed by local entities;

b) Services of Industry and Trade shall assist the People’s Committees of provinces in management of local explosive precursor trading.

Article 5. Responsibilities of organizations trading in explosive precursors

1. Fulfill the requirements in Article 11 and Clause 2 Article 14 of Decree before obtaining the License for trading, export, or import of explosive precursors, and only do so after being licensed by a competent authority.

2. Comply with regulations of law, technical regulations on explosive precursor safety, fire safety, social order and security, and environment protection.

3. Adhere to regulations in this Decree on recording, bookkeeping, license management, and reporting.

4. Report any loss of explosive precursors to the nearest police department, then send a report to the Service of Industry and Trade and take responsibility for such loss.

Article 6. Exemption for licensing and compounds

1. Exemption from licensing:

a) 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;

b) 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. However, requirements in Clauses 3, 4, and 5 Article 11 of this Decree must be adhered to.

2. Compounds that contain more than 45% of explosive precursors must adhere to requirements in this Decree and relevant regulations of law.

Article 7. Prohibited acts

1. Trading in, exporting, or importing explosive precursors without licenses. Trading explosive precursors with domestic organizations that do not have Licenses for explosive precursor trading.

2. Transferring, leasing out, lending, pledging, offering, or illegally adjusting the License for trading, export, or import of explosive precursors.

3. Buying, selling explosive precursors without invoices or receipts as prescribed by law. Illegally storing or owning explosive precursors.

4. Trading in, exporting, or importing explosive precursors that are not permitted in the License or that harm humans, property, environment, or affect social security, order, and safety.

5. Failure to provide information or providing false information about explosive precursors; failure to report the loss, thieving of explosive precursors, or accidents that occur during explosive precursor trading to competent authorities.

6. Misusing one’s power to illegally obstruct, harass other entities, or screening violations against regulations of law on explosive precursor trading.

7. Other prohibited acts prescribed by law.

Chapter II

PROVIDING MILITARY WEAPONS FOR FISHERIES CONTROL FORCES

Article 8. Entities provided with military weapons

1. Fishery patrol forces

2. Fishery patrol vessels.

Article 9. Military weapons provided for fishery patrolforces

1. Fishery patrol staff and crewmembers on fishery patrol vessels are provided the following military weapons:

a) Pistols, submachine guns;

b) Ammunition for the weapons mentioned in Point a of this Clause.

2. Fishery patrol vessels are provided the following military weapons:

a) Light machine guns, machine guns, 14.5 mm guns;

b) Ammunition for the weapons mentioned in Point a of this Clause.

Article 10. Management and use of military weapons provided for fishery patrolforces

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.

Chapter III

TRADING, EXPORT, AND IMPORT OF EXPLOSIVE PRECURSORS

Section 1. EXPLOSIVE PRECURSOR TRADING

Section 11. Requirements for trading in explosive precursors

1. Having a Certificate of Business registration or certificate of investment or Certificate of Business Registration that permits the operations pertaining to chemicals or industrial explosives.

2. Being approved by the Prime Minister at the request of the Ministry of Industry and Trade, the Ministry of Public Security, or the Ministry of National Defense.

3. Required facilities:

a) The storage or port where explosive precursors are unloaded must comply with regulations on security and safety, have fire safety equipment as prescribed by the Law on Fire prevention and fighting; ensure a safe distance to the entities and objects that need protection under applicable standards, regulations of law on chemicals, and relevant regulations.

b) 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;

c) There is an explosive precursor warehouse or a contract to lease a warehouse that ensures the quality maintenance through out the business operation.

d) There are documents proving the origins, importers, or suppliers of the explosive precursors;

dd) There are equipment to control, collect, and treat hazardous wastes, or there is a contract to transport, treat, and destroy hazardous wastes as prescribed in the Law on Environment protection.

4. Chemical safety requirements

Measure certified by competent authorities are taken to prevent and respond to chemical emergencies; or plans for preventing and responding to chemical emergencies are made and approved by competent authorities in accordance with the Law on Chemicals.

5. Personnel requirements

Managers, workers, and other employees working with explosive precursors must be trained in chemical safety.

Article 12. Consulting authority and licensing authority

The Ministry of Industry and Trade shall seek opinions from the Ministry of Public Security and the Ministry of National Defense about applications for permission to trade in explosive precursors submitted by various organizations, and issue Licenses for explosive precursor trading after such applications are approved by the Prime Minister.

Article 13. Procedures for issuing a License for explosive precursor trading

1. Application documents for the License for explosive precursor trading include:

a) An application form using the provided template;

b) A copy of the Certificate of Business registration or certificate of investment or Certificate of Business Registration that permits the operations pertaining to chemicals or industrial explosives.

c) Documents proving the fulfillment of requirements in Clauses 3, 4, 5 Article 11 of this Decree.

2. Procedures for issuing the License:

a) The applicant shall compile an application that consists of the documents mentioned in Clause 1 Article 13, then send it by post or submit it directly to the Ministry of Industry and Trade.

b) Within 03 working days from the receipt of the application, the Ministry of Industry and Trade shall notify the applicant of the adequacy and validity of the application, and request the applicant to complete it only once. This 03 days period shall not be included in the time limit for issuing the License prescribed in Point c of this Clause;

c) The License shall be issued within 20 working days from the receipt of the satisfactory application as prescribed in Clause 1 of this Article. In particular:

Within 05 working days, the Ministry of Public Security and the Ministry of National Defense shall offer written opinions about the application.

Within 13 days, the Ministry of Industry and Trade shall complete the application according to opinions from the Ministry of Public Security and the Ministry of National Defense, and submit it to the Prime Minister for approval. If the application is rejected, the Ministry of Industry and Trade shall make a written response and provide explanation.

3. Contents and effective period of the License:

a) The License shall specify the name, address of the headquarter of the organization that trades in explosive precursors; locations and range of operation; effective period; form of operation, quantity and categories of explosive precursors, and obligations of the License holder;

b) The License shall be effective for not more than 05 years from its date of issue.

4. License expiration

If wishing to keep trading in explosive precursors after the License expires, the License holder shall:

a) Submit a written request (using the provided template) to the Ministry of Industry and Trade for permission to keep trading in explosive precursors;

b) If there are changes to the business registration contents, location, scale, or business conditions, documents proving such changes must be provided. The required documents, procedures, and deadline for licensing are the same as those in Clauses 1, 2, 3, and 4 of this Article.

5. Reissuance, adjustment, and revocation of the License for explosive precursor trading

a) The License shall be reissued when it is lost, incorrect, or damaged. Contents and effective period of the reissued License shall remain unchanged. The reissued License must emphasize that the License that is lost, incorrect, or damaged has been invalidated.

Required documents and procedures: A written request for Reissuance of the License (giving reasons) using the provided template; the incorrect or damaged License (except for the case in which the License is lost). According to the application kept by the licensing authority, the Ministry of Industry and Trade shall reissue the License within 05 days;

b) The License shall be adjusted when there are changes to business registration contents, locations, scale, business conditions, or information about the applicant.

Required documents and procedures: A written request for adjustments to the License (giving reasons); documents proving the changes. The Ministry of Industry and Trade shall issue the adjusted License within 10 working days from the receipt of the satisfactory documents. The effective of the License shall remain unchanged. The required documents, procedures, and deadline for issuing the license are the same as those in Clauses 1, 2, 3, and 4 of this Article.

c) The License shall be revoked when: the requirements for trading in explosive precursors prescribed in Article 11 of this Decree are not satisfied; fake documents or false information are used in the application; explosive precursor trading is not carried out within 06 months from the issuance of the License; the applicant shuts down or goes bankrupt.

The licensing authority shall issue a decision to invalidate the revoked License, notify the organization whose License is revoked and relevant organizations.

Section 2. EXPORT AND IMPORT OF EXPLOSIVE PRECURSORS

Article 14. Licensing authority and requirements for exporting, importing explosive precursors

1. The Ministry of Industry and Trade shall issue Licenses for explosive precursor export and Licenses for explosive precursor import.

2. Any organization permitted to export or import explosive precursors must have a License for export or import of explosive precursors issued by the Ministry of Industry and Trade.

Article 15. Procedures for issuing a License for export or import of explosive precursors

1. An application consists of:

a) An application form using the provided template;

b) A copy of the License for explosive precursor trading if the applicant is a trader of explosive precursors; a Certificate of eligibility to produce explosive precursors if explosive precursors are imported to produce industrial explosive materials;

c) A report on the amount of explosive precursors exported or imported in the year;

d) A copy of the contract or purchase order or invoices for the sale/purchase of explosive precursors.

2. Procedures for issuing the License:

a) The applicant shall compile an application for the License for export/import of explosive precursors that consists of the documents mentioned in Clause 1 of this Article, then send it by post or submit it directly to the Ministry of Industry and Trade;

b) Within 02 working days from the receipt of the application, the Ministry of Industry and Trade shall notify the applicant of the adequacy and validity of the application, and request the applicant to complete it only once. This 02 days period shall not be included in the time limit for issuing the License prescribed in Point c of this Clause;

c) Within 5 working days from the receipt of the satisfactory application, the licensing authority shall verify the application and issue the License if the applicant is qualified. If the application is rejected, the licensing authority shall make a written response and provide explanation.

3. Contents and effective period of the License:

a) The License for export/import of explosive precursors shall specify the name, address of the headquarter of the organization that trades in explosive precursors; locations and range of operation; effective period, quantity and categories of explosive precursors; contracts or purchase orders; purposes; names of the checkpoint of export or checkpoint of import; and obligations of the License holder;

b) The License shall be effective for not more than 3 months from its date of issue.

4. Any organization issued with the License for explosive precursor import is not required to implement the regulations on issuance of Certificate of declaration of chemicals on the list of chemicals whose declaration is compulsory according to the Law on Chemicals and its guiding documents.

Chapter IV

BOOKKEEPING, REPORTING, AND INSPECTING EXPLOSIVE PRECURSOR TRADING

Article 16. Bookkeeping practice

1. The amount of explosive precursors being sold, imported, exported, and unsold must be monitored in separate books.

2. Notes of delivery and receipts of explosive precursors must not contain other goods or supplies.

3. Applicable regulations on invoicing and bookkeeping must be complied with. Any trading of explosive precursors without invoices shall be considered illegal and punished as prescribed by law.

4. 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.

Article 17. License management

1. The Licenses for trading, export, or import of explosive precursors must be kept at headquarters of the License holders.

2. Within 03 days before inaugurating explosive precursor trading, the License holder must submit a copy of the License for explosive precursor trading to the competent Service and police authority of the province where explosive precursors are sold.

Article 18. Reporting practice

1. Any organization trading in explosive precursors shall submit a report every 06 month and every year; and submit irregular reports at the request of competent authorities. The Minister of Industry and Trade shall provide report templates and prescribe reporting time.

2. Every 06 month and every year, the Ministry of Industry and Trade shall send the government a summary report on explosive precursor trading and send irregular reports on request.

Article 19. Inspection of explosive precursor trading

The Ministry of Industry and Trade shall take charge and cooperate with relevant Ministries and agencies in carrying out annual inspections at organizations that trade in explosive precursors, who have Licenses for trading, export, or import of explosive precursors. The Ministry of Industry and Trade shall carry out surprise inspections whenever violations against this Decree or suspicious information/documents are found.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 20. Transitional provisions

1. Licenses for explosive precursor trading that are issued to organizations before this Decree take effect or still unexpired or have expired since March 01, 2014 are still effective until the end of December 31, 2014.

2. Licenses for export/import of explosive precursors that are issued to organizations before this Decree take effect are still effective until the end of December 31, 2014.

Article 21. List of explosive precursors

A list of explosive precursors is enclosed with this Decree. The Ministry of Finance shall cooperate with other Ministries in proposing revisions to the List of explosive precursors to the government.

Article 22. Specific instructions

1. The Minister of Industry and Trade shall provide guidelines for Clauses 3, 4, 5 Article 11, and Clauses 4, 5 Article 13 of this Decree.

2. The Minister of Industry and Trade shall provide specific regulations on:

a) Documents proving fulfillment of requirements for explosive precursor trading in Point c Clause 1 Article 13; templates of the application for licensing; template of the license for explosive precursor trading; template of adjusted or reissued license; template of the application for permission to keep selling explosive precursors; template of application for adjustment to the license prescribed in Article 13 of this Decree;

b) Templates of applications and licenses for export, import of explosive precursors prescribed in Article 15 of this Decree;

c) Inspection contents and the authorities competent to inspect local organizations trading in explosive precursors as prescribed in Article 19 of this Decree.

Article 23.  Implementation effect

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

2. This Decree supersedes Clause 3 Article 3 on interpretation of the term “explosive precursors” and regulations on trading, export, and import of explosive precursors in Article 16 of the Government s Decree No. 39/2009/ND-CP dated April 23, 2009 on industrial explosive materials.

Article 24. Implementation responsibilities

1. The Ministry of Industry and Trade shall cooperate with relevant Ministries and agencies in promulgating regulations and providing instructions on implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces are responsible for the implementation of this Decree./.

For the Government

The Prime Minister

Nguyen Tan Dung

APPENDIX

LIST OF EXPLOSIVE PRECURSORS
(Attached with the Government s Decree No. 76/2014/ND-CP dated July 29, 2014)