Title: Circular 23/2009/TT-BCT Detailing a number of articles of the Government's Decree 39/2009/ND-CP on industrial explosive materials

Type: Circular

Issuing Agency: Ministry of Industry and Trade

Responsible Agency: Ministry of Industry and Trade

Issuing Date: 08-11-2009

 

CONDITIONS ON PERSONS DIRECTLY ENGAGED IN ACTIVITIES INVOLVING INDUSTRIAL EXPLOSIVE MATERIALS AND EXPLOSIVE PRE-SUBSTANCES

General requirements

1. Persons directly engaged in activities involving industrial explosive materials or explosive pre-substances must satisfy the following conditions:

a/ Having valid personal identity papers and not being banned from participating in IEM activities under Clause 5, Article 5 of Decree No. 39/2009/ND-CP;

b/ Possessing professional qualifications relevant to their assigned tasks and having been trained in safety techniques in IEM activities under Article 29 of Decree No. 39/2009/ND-CP, and TCVN 6174: 97, QCVN 02: 2008/BCT, for IEM activities or TCVN 5507: 2002 and other relevant standards and technical regulations applicable to explosive pre-substances;

c/ Being physically fit for each profession under current labor law; passing exams and possessing certificates of safety techniques for IEMs granted by competent agencies specified in Chapter V of this Circular .

2. Apart from having to satisfy the conditions prescribed in Clause 1 of this Article, foreigners performing jobs related to IEM activities in Vietnamese enterprises must possess work permits granted by competent labor agencies and be trained in the law on IEMs and relevant laws of Vietnam.

3. Leaders of organizations, managers of sections and laborers directly engaged in activities involving IEMs or explosive pre-substances in enterprises under the Ministry of National Defense must be trained and granted certificates by the Ministry of National Defense or the agency assigned by the Ministry of National Defense to manage IEMs. Training contents comply with requirements prescribed at Point b. Clause 1 of this Article.

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DOSSIERS AND PROCEDURES FOR THE GRANT OF CERTIFICATES AND LICENSES FOR ACTIVITIES INVOLVING INDUSTRIAL EXPLOSIVE MATERIALS OR EXPLOSIVE PRE-SUBSTANCES

Dossiers of application for certificates of qualification for IEM or explosive pre-substance production

1. For enterprises having production projects, a dossier comprises:

a/ The legal dossier:

- An application for a certificate of qualification for IEM or explosive pre-substance production, signed by the head of the enterprise. For enterprises under the Ministry of National Defense, a written request of the Ministry of National Defense or the agency assigned by the Ministry of National Defense to manage IEMs is required;

- A valid copy of the enterprise establishment decision issued by a competent agency. A list of the enterprises affiliate organizations (factories, branches and representative offices) and their addresses;

- A valid copy of the business registration certificate;

- A valid copy of the decision approving the investment project on building IEM or explosive pre-substance production facilities according to laws on investment and construction management;

- A valid copy of the written certification of satisfaction of security and order conditions and the certificate of qualification for fire prevention and fighting, granted for IEM production and preservation workshops and facilities;

- A valid copy of the Industry and Trade Ministry's decision recognizing the registration of IEM products and including these products in the list of industrial explosive materials permitted for circulation and use in Vietnam (for IEMs newly produced and used in Vietnam);

- A valid copy of the decision approving the report on assessment of environmental impacts of the IEM or explosive pre-substance facilities.

b/ Technical documents:

Documents proving the enterprise's satisfaction of conditions on IEM or explosive pre-substance production, including:

- Documents on qualifications of persons engaged in IEM or explosive pre-substance production

+ The list of leaders and managers directly engaged in IEM or explosive pre-substance production, preservation and transportation;

+ Papers of the director and deputy-directors: their curricula vitae and diplomas;

+ Work permits of foreigners working at the enterprise (if any);

- Documents on technical conditions:

+ The plan design for the IEM or explosive pre-substance production line;

+ The technological chart, including the support system accompanied the production technology;

+ The diagram of the electrical power system, earthing protection system and anti-lightning system for equipment, workshops and facilities used for IEM or explosive pre-substance production and preservation;

+ The certificate granted by an accredited certification organization to IEM or explosive pre-substance testing establishments (if any);

+ The appraisal certificate, marks or stamps of appraisal of measuring devices or technology control according to the law on measurement;

+ The certificate of registration and results of appraisal of machines and equipment with explosion protection requirements; the certificate of registration and results of appraisal of machines, equipment, supplies and substances with strict requirements on labor safety and hygiene or particular industrial safety requirements (if any);

+ The written record on take-over tests of work items or construction works according to the law on investment and construction management; the written record on take-over tests of IEM or explosive pre-substance products after trial production according to regulations:

+ The plan or measures to prevent and respond to emergency incidents in IEM workshops, storehouses or means of transport.

2. Enterprises currently producing IEMs or explosive pre-substances which wish to change their names without any change in their production conditions should send only a written request for modification of the production qualification certificate, enclosed with a competent agency's or organization's decision to permit the renaming and the certificate of satisfaction of security and order conditions granted by a competent police office to the enterprises under the new names.

3. Enterprises producing IEMs or explosive pre-substances which renovate or upgrade their infrastructure and equipment for IEM or explosive pre-substance production without reducing conditions on fire prevention and fighting or requirements on technical safety of the licensed production lines shall, after completing the renovation or upgrading, send a written request to an agency defined in Clause 1, Article 12 of this Circular for the grant of a certificate of qualification for IEM or explosive pre-substance production.

4. Enterprises producing IEMs or explosive pre-substance which suffer from incidents or accidents damaging their production lines shall, after obtaining investigation conclusions and resuming production, compile a technical dossier of the repair and recovery process and request an agency defined in Clause 1. Article 12 of this Circular to inspect and re-grant a certificate of qualification for IEM and explosive pre-substance production.

Dossiers of application for IEM or explosive pre-substance trading licenses

1. The legal dossier comprises:

a/ An application for an IEM or explosive pre-substance trading license, signed by the head of the enterprise. For enterprises under the Ministry of National Defense, a written request of the Ministry of National Defense or the agency assigned by the Ministry of National Defense to manage IEMs is required:

b/ A valid copy of the enterprise establishment decision and a list of their affiliate organizations (factories, branches and representative offices) and their addresses:

c/ A valid copy of the business registration certificate;

d/ A valid copy of the written certification of satisfaction of security and order conditions and the certificate of satisfaction of fire prevention and fighting conditions, for storehouses and means of transport of IEMs or explosive pre-substances.

2. Documents proving the enterprise's satisfaction of business conditions, including:

a/ A list of leaders and managers directly engaged in IEM and explosive pre-substance preservation, transportation and trading;

b/ Papers of the director and deputy directors:

- Curricula vitae;

- Diplomas;

c/ Work permits of foreigners working at the enterprise (if any);

d/ A list of storehouses, wharves and workshops of each affiliate business establishment and documents permitting the use of these facilities;

e/ A list of special-use vehicles and valid copies of their circulation permits;

f/ A certificate granted by the state agency in charge of standards, measurements and quality control for IEM and explosive pre-substance testing establishments (if any);

g/ The plan or measures to prevent and respond to emergency incidents in IEM storehouses and means of transport.

3. For enterprises which possess a certificate of qualification for IEM production or an IEM trading license, a dossier of application for an explosive pre-substance trading license comprises only the application for the license.

4. For applicants for the re-grant of IEM trading licenses or explosive pre-substance trading license, a dossier comprises a report on IEM or explosive pre-substance trading activities,, in the validity duration of the previously granted license, and documents specified in Clause 1 and 2 of this Article, if there is any change.

Dossiers of application for IEM use licenses

1. The legal dossier:

Organizations wishing to use IEMs shall send a dossier of application for an IEM use license to a competent agency defined in Chapter V of this Circular. Organizations falling beyond the licensing competence of the Ministry of Industry and Trade or the Ministry of National Defense shall send dossiers to competent agencies of localities where they will use IEMs. A dossier comprises:

a/ An application for an IEM use license, signed by the organization's leader. Applications may be submitted in printed or electronic form according to Appendix I to this Circular (form la or lb);

b/ A valid copy of the establishment decision and business registration certificate. For foreign-invested enterprises, the investment certificate or bidding permit granted by a competent agency is required;

c/ A valid copy of the written certification of satisfaction of security and order conditions;

d/ A valid copy of the license for mineral exploration and exploitation activities, for mining enterprises; the license for petroleum exploration and exploitation activities, for petroleum enterprises; the notification of winning bids for work construction, bid-undertaking contract or the document on decentralization or assignment of the performance of the contract on construction of works, made by the organization managing the enterprise;

e/ Construction designs of construction work items or mining designs, for construction works or industrial-scale mining activities involving the use of IEMs; or construction or exploitation plans, for manual construction or exploitation activities. The designs or plans approved by investors must meet safety requirements prescribed in Vietnam Standard TCVN 5178: 2004 - Code of practice for safety in exploitation and processing of stones in open-cast mines. Technical Regulation TCN-14-06-2006 - Safety in coal and schist mines. Vietnam Standard TCVN 5308:91 - Safety in construction activities and other relevant construction standards and technical regulations;

f/ The blasting plan under the guidance in Appendix 5 to this Circular (not printed herein);

The blasting plan must be signed for approval by the enterprise's leader or approved by a competent agency prescribed in Clause 4. Article 22 of Decree No. 39/2009/ND-CP;

g/ The plan on monitoring blasting impacts, if any, which must satisfy requirements prescribed in QCVN 02:2008/BCT; the plan or measures to prevent or respond to emergency incidents in IEM storehouses or means of transport;

h/ A valid copy of the certificate of satisfaction of fire prevention and fighting conditions for IEM storehouses, enclosed with dossiers of IEM preservation storehouses which must meet requirements prescribed in QCVN 02: 2008/ BCT, for organizations having IEM preservation storehouses;

In case applicants for IEM use licenses have no storehouse or means of transport, the dossier of application for a license must comprise a notarized copy of the in-principle contract on rent of IEM storehouses or means of transport, signed with an organization having IEM storehouses or means of transport which satisfy the above requirements, or a notarized copy of the in-principle contract signed with a licensed IEM trader on the supply of IEMs to construction or mining sites under blasting guidelines;

i/ The decision on the appointment of the blasting commander, issued by the enterprise's leader, the list of blasting workers and persons directly engaged in the use of IEMs; and work permits of foreigners performing jobs involving the use of IEMs (if any).

2. For applicants for the re-grant of IEM use licenses without any change in their operation sites or scope, a dossier comprises a report on the use of IEMs in the validity duration of the previously granted license and documents specified in Clause 1 of this Article, if there is any change.

3. An organization that satisfies all the conditions prescribed at Points b. d and e, Clause 1, this Article but does not want to conduct blasting activities by itself may sign a contract to outsource all blasting activities to an organization possessing a blasting service license. Blasting service provision contracts must clearly state responsibilities of blasting service providers according to regulations on IEM use.

Organizations that hire blasting services may not conduct any activities involving the use of IEMs.

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