Title: Circular 04/2014/TT-BCA Amending and supplementing a number of articles of the Minister of Public Security's Circular 35/2010/TT-BCA Providing for licensing for transporting the industrial explosive and dangerous goods

Type: Circular

Issuing Agency: Ministry of Public Security

Responsible Agency: Ministry of Public Security

Issuing Date: 21-01-2014

 

Article 1. Amendents and supplementation to a number of articles of the Minister of Public Security’s Circular No. 35/2010/TT-BCA dated October 11, 2010 providing for licensing industrial explosive and dangerous goods transportation

1. Clause 3 of Article 3 is supplemented as follows:

"3. Transporting industrial explosives means transport of products and raw materials specified in Paragraph 1 of this Article from one location to another location. "

2. Article 4 is amended and supplemented as follows:

Article 4. Conditions to be licensed industrial explosive transportation

Organizations and units transporting industrial explosives must meet the following conditions:

1. Have transport vehicles of industrial explosives meeting the following conditions:

a) Be eligible to participate in traffic as prescribed by law on roadway, railway, domestic waterway transport; have certificate of being eligible to transport dangerous goods granted by registry offices;

b) Satisfy provisions of the Regulations QCVN 02:2008/BCT – the national technical Regulations on safety in preservation, transportation, use and destruction of industrial explosives;

c) Satisfy conditions on safety in fire prevention and fighting as prescribed in Article 12 of the Decree No. 35/2003/NĐ-CP dated April 04, 2003 detailing the implementation of a number of articles of Law on fire prevention and fighting amended and supplemented according to Decree No. 46/2012/NĐ-CP dated May 22, 2012;

d) Have logos giving signals that vehicles are transporting industrial explosives.

2. Have the managers, drivers, escorts and other attendants involved in transporting industrial explosives satisfying the following conditions:

a) Be sufficient 18 years old or older, have clear curriculum vitae, have no previous violation record, criminal record; (the curriculum vitae must be certified by People’s Committee of commune, ward, town at the place of living or working); possess a driving license of vehicles, trains or certificate with professional suitable to registered means of transport (for drivers);

b) Possess a certificate of professional training on fire prevention and fighting granted by competent Police agencies of fire prevention and fighting; certificate of training on industrial explosive knowledge and safe assurance measures when contacting with industrial explosives granted by Competent state management agency of industrial explosives.

c) Have adequate qualifications for the position and responsibility that they undertake.

3. Meet provisions on Points a and c, Clause 1 of Article 26 of the Ordinance on the management and use of weapons, explosives and supportive gadget’’

3. Article 5 is amended and supplemented as follows:

Article 5.  Procedures for issuance and adjustment of license of industrial explosive transportation

1. The application for issuance of licence of transporting industrial explosives shall comply with the provisions of Clause 3, Articles 26 of the Ordinance on the management and use of weapons, explosives and supportive gadget.

2. The application for adjustment of the license of industrial explosive transportation shall include:

A written request for adjustment of contents of the license of industrial explosive transportation;

b) A copy of the license of industrial explosive transportation (enclosed with the original for comparison).

3. Within 03 working days from the date of receipt of a satisfactory application, competent agencies in issuance and adjusment of the license of industrial explosive transportation must consider the application and conditions of organizations, units transporting industrial explosives to issue and adjust the license of industrial explosive transportation; in case of failure of issuance and adjustment of the license, they must make a reply in writing and clearly state the reasons. "

4. Article 6 is amended and supplemented as follows:

Article 6.  Competence in issuance and adjustment of license of industrial explosive transportation

1. The Head of the Police Department managing administration of social order of Public security Department in central-affiliated cities and provinces at the place of the warehouse and reception of industrial explosives transported to shall issue and adjust the license of industrial explosive transportation to agencies and units requesting; if the Police agencies managing administration of society order where industrial explosives are started to transport or where the headquarters of agencies, units managing means of industrial explosive transport are located issue or adjust the license of transport, there must be a written certification on conditions for receipt of industrial explosives of Police agencies managing administration of society order at the place of the warehouse or receiption of industrial explosives carried to.

2. The Director of Police Department managing administration on society order shall issue and adjust the license of industrial explosive transportation for transportation from Vietnam to foreign countries, transportation from foreign countries into Vietnam and other special cases.’’

5. Clause 6a is added to Article 6 as follows:

“Article 6a. Revocation of licence of industrial explosive transportation.

1. The licence of industrial explosive transportation shall be revoked in the following cases:

The license is issued ultra vires;

b) Enterprises are issued the license of industrial explosive transportation due to forgery of application;

c) Enterprises licensed industrial explosive transportation do not meet the conditions specified in Article 4 of this Circular.

2. Competence in revocation of the license of industrial explosive transportation shall be defined as follows:

Competent person in issuance and adjustment of the license of industrial explosive transportation shall be specified in Article 6 of this Circular and the immediate superior of such person shall be competent in revocation of the license of industrial explosive transportation as specified in Paragraph 1 of this Article. "

6. Clause 4 of Article 7 is amended and supplemented as follows:

“4. The Director of the Police Department managing administration of society order shall decide or authorize for the Head of the Police Department managing administration of society order of Public security Department in central-affiliated cities and provinces to decide to temporarily suspend the issuance of the license or the effect of the license of industrial explosive transportation upon requirements for assurance of security, order and social safety in national-level activities or in areas having special requirement for assurance of security, order.”

7. Clause 3 of Article 8 is amended and supplemented as follows:

“3. Only receive industrial explosives according to the transport license issued by competent Police agency managing administration of society order”.

8. The following forms are enclosed herewith this Circular:

a) Form VC02 (The registration for receipt of industrial explosives) replacing form VC02 enclosed herewith Circular No. 35/2010/TT-BCA;

b) Form VC02A (The registration for receipt of industrial explosives) replacing form VC02A enclosed herewith Circular No. 35/2010/TT-BCA;

c) Form VC03 (The written request for licensing industrial explosive transportation) replacing form VC03 enclosed herewith Circular No. 35/2010/TT-BCA;

d) Form VC04 (The license of industrial explosive transportation) replacing form VC04 enclosed herewith Circular No. 35/2010/TT-BCA;

dd) Form VC05 (The signal of industrial explosive transport vehicles) replacing form VC05 enclosed herewith Circular No. 35/2010/TT-BCA;

Article 2. Effect

This Circular takes effect from March 10, 2014

Articles 4, 5, 6, Clause 4 of Article 7, Clause 3 of Article 8 of Circular No. 35/2010/TT-BCA and forms: VC02, VC02A, VC03, VC04, VC05 enclosed herewith Circular No. 35/2010/TT-BCA shall be annulled.

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