Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosive Materials and Supporting Tools (No. 07/2013/UBTVQH13)

THE PRESIDENT

Ordinance No. 12/2013/L-CTN of July 17, 2013, on the promulgation of ordinance

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Involution No. 51/2001/QH10 of December 5, 2001, the Xth National Assembly, the 10^th session;

Pursuant to Article 19 of the Law on in of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosives and Supporting Tools,

which was passed on July 12, 2013, by the XIII National Assembly Standing Committee of the Socialist Republic of Vietnam.

President of the Socialist Republic of Vietnam  

TRUONG TAN SANG

Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons, Explosive Materials and Supporting Tools

(No. 07/2013/UBTVQH13)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

Pursuant to Resolution No. 534/NQ- UBTVQH13, adjusting the law- and ordinance- making programs of 2012 and the XIIIth legislature of the National Assembly;

The National Assembly Standing Committee promulgates the Ordinance Amending and Supplementing a Number of Articles of Ordinance No. 16/2011/UBTVQH12 on Management and Use of Weapons, Explosives and Supporting Tools.

Article 1. To amend and supplement a number of articles of the Ordinance on Management and Use of Weapons, Explosives and Supporting Tools:

1.  To add the following Clause 10 to Article 3:

“10. Explosive pre-substances are chemicals used directly for production of explosive powder as specified in the Government-promulgated list of explosive pre-substances.”

2.  To add the following Clause 6 after Clause 5, Article 13:

“6. Fishery control forces of the Ministry of Agriculture and Rural Development.”

3.  To amend Clause 6, Article 13 into Clause 7, Article 13 as follows:

“7. The Government shall specify types of military weapons to be equipped for the entities prescribed in Clauses 4, 5 and 6 of this Article.”

4.  To amend and supplement Point a, Clause 3, Article 25 as follows:

“a/ Industrial-explosive producers must be state enterprises which are tasked by the Prime Minister at the proposal of the Ministry of Industry and Trade, the Ministry of Public Security or the Ministry of National Defense.”

5.  To amend and supplement Point dd, Clause 3, Article 25 as follows:

“dd/ Industrial-explosive producers may produce and sell products of proper types to industrial-explosive trading enterprises; the import or entrusted import, purchase and sale of industrial explosives may be conducted only between industrial explosive producers and traders.”

6.  To amend and supplement Point a, Clause 4, Article 25 as follows:

“a/ Industrial-explosive traders must be enterprises which are tasked by the Prime Minister at the proposal of the Ministry of Industry and Trade, the Ministry of Public Security or the Ministry of National Defense.

Explosive pre-substance traders must be state enterprises which are approved by the Prime Minister at the proposal of the Ministry of Industry and Trade, the Ministry of Public Security or the Ministry of National Defense.

The Government shall specify conditions for trading in explosive pre-substances.”

7.  To amend and supplement Point e, Clause 4, Article 25 as follows:

“e/ Industrial explosive traders shall comply with their business licenses and licenses for import and export of industrial explosives and explosive pre-substances.”

8.  To amend and supplement Point dd, Clause 1, Article 27 as follows:

“dd/ Mine explosion managers, commanders and workers as well as other persons involved in mine explosion shall satisfy security and order requirements, and must possess professional qualifications relevant to their posts and responsibilities and be trained in safety and fire prevention and fighting techniques.”

Article 2.

1. This Ordinance takes effect on March 1,2014.

2. The Government shall detail and guide the implementation of articles and Clauses as assigned in the Ordinance.-

On behalf of the National Assembly Standing Committee

Chairman of the National Assembly

NGUYEN SINH HUNG