Nghị định 71/2018/NĐ-CP quy định chi tiết Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ về vật liệu nổ công nghiệp, tiền chất thuốc nổ

THE GOVERNMENT

DecreeNo. 71/2018/ND-CP May 15, 2018 of the Government dated Elaboration of The Law on Management and Use of Weapons, Explosive Materials and Combat Gears

Pursuant to the Law on Government Organization dated June 19, 2015 dated June 19, 2015;

Pursuant to the Law on Management and use of weapons, explosive materials and combat gears dated June 20, 2017.

At the request of the Minister of Industry and Trade;

The Government promulgates a Decree on elaboration of regulations on industrial explosives and explosive precursors of the Law on Management and use of weapons, explosive materials and combat gears.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for qualifications, provision of training and issuance of the certificate of training in explosive safety, fire safety and emergency response in industrial explosive operation; provision of training and issuance of the certificate of training in safe use of explosive precursor, management and storage of industrial explosives, explosive precursors; procedures for revocation of the license to use industrial explosives and explosive precursors.

Article 2. Subjects of application

This Decree applies to organizations and individuals involved in industrial explosive operation and explosive precursor operation in Vietnam.

Article 3. Definitions

For the purpose of this Decree, the terms below are construed as follows:

1. “Industrial explosive operation” or “explosive precursor operation” includes production, sale, transport, storage or use of industrial explosives or explosive precursors.

2. “Manager” means the person who is assigned by an organization having industrial explosive operation to take charge of industrial explosive operation, except lead blaster.

3. “Lead blaster” means the person assigned by the director of an organization to direct and organize the use of industrial explosives under a blasting permit.

4. “Blaster” means the person who directly uses the industrial explosives under a blasting permit.

5. “Attendants” include: security guards and porters at the warehouse or blasting site.

Chapter II

QUALIFICATIONS AND TRAINING IN EXPLOSIVE SAFETY, FIRE SAFETY AND EMERGENCY RESPONSE IN USE OF INDUSTRIAL EXPLOSIVES

Article 4. Qualifications for industrial explosive operation

1. The manager shall have at least a bachelor’s degree in one of the following disciplines: chemistry, ammunition, chemistry of propellants, explosives, combat engineer, mining, geology, construction, transport, irrigation, geophysics or petroleum.

2. The person who analyzes or tests industrial explosives shall have at least an intermediate degree in one of the following disciplines: chemistry, ammunition, chemistry of propellants, explosives, combat engineer, mining, geology, construction, transport, irrigation, geophysics or drilling and blasting.

3. The lead blaster shall have at least an intermediate degree in one of the following disciplines:

a) Ammunition, chemistry of propellants, explosives, combat engineer, mining, geology, construction, transport, irrigation, geophysics, petroleum or drilling and blasting. The lead blaster shall have at least 01 year experience of using industrial explosives if he/she has a bachelor’s degree, or 02 years for an intermediate degree or college degree;

b) If the lead blaster has a degree in a discipline other than those specified in Point a of this Clause, he/she shall have at least 02 years’ experience of using industrial explosives if he/she has a bachelor’s degree, or 03 years for an intermediate degree or college degree.

4. Blasters shall have at least a primary diploma in any of the disciplines in Point a Clause 3 of this Article, or an intermediate degree in another discipline. Blasters shall have at least 06 months’ experience of explosive blasting.

Article 5. Mandatory participants in industrial explosive safety training

1. Managers

2. Workers who directly manufacture industrial explosives.

3. Managers of industrial explosive warehouses.

4. Lead blasters.

5. Blasters.

6. Attendants, escorts, the operator of the vehicle carrying industrial explosives.

7. Persons analyzing or testing industrial explosives.

Article 6. Power to issue the certificate of industrial explosive safety training

1.The authority that issued the certificate of production eligibility, the license to sell or use industrial explosives, the license to provide blast services is also entitled to issue the certificate of industrial explosive safety training (hereinafter referred to as “safety training certificate”) to the persons specified in Article 5 of this Decree if they are under its management, except for the persons specified in Clause 2 of this Article.

2. The authority assigned by the Ministry of National Defense to take charge of industrial explosive management shall preside over the organization of examinations for issuance of the safety training certificate to the entities that manufacture, sell, use or transport industrial explosives and provide blast services under management of the Ministry of National Defense.

Article 7. Contents of industrial explosive safety training

1. Contents of training for managers

a) Regulations of law on industrial explosive operation; list of permissible industrial explosives in Vietnam;

b) Safety when working with industrial explosives; safety assurance and management of industrial explosives and destruction of industrial explosives; signs, symbols and warning signs on their packages, containers and means of transport;

c) Identification of risks, hazards; assessment of risks in terms of security, safety, fire safety and natural disaster in industrial explosive operation;

d) Industrial explosive-related emergency response drills;

dd) Industrial explosive-related emergency response according to Clause 8 of this Article.

2. Contents of training for workers who directly manufacture industrial explosives

a) Regulations of law on production of industrial explosives;

b) Safety requirements when working with industrial explosives; technical specifications of industrial explosives being produced;

c) Safety requirements when operating production machines and safe work methods;

d) Identification of risks, hazards; assessment of risks in production of industrial explosives in terms of security, safety, fire safety and natural disaster;

dd) Industrial explosive-related emergency response according to Clause 8 of this Article.

3. Contents of training for managers of industrial explosive warehouses

a) Regulations of law on storage of industrial explosives: The warehouse, fire safety and firefighting equipment, lightning protection and static electricity control in the industrial explosive warehouse;

b) The composition, characteristics, classification and quality requirements of industrial explosives; regulations on testing, inspection and quality assurance of industrial explosives; regulations on destruction of industrial explosives; requirements for packaging and labeling of industrial explosives;

c) Arrangement and storage of industrial explosives; safety during movement, storage and transport of industrial explosives in the warehouse and in transit.

d) Release, receipt and stocktaking of industrial explosives;

dd) Responsibilities of managers of industrial explosive warehouses;

e) Identification of risks, hazards; assessment of risks in storage of industrial explosives in terms of security, safety, fire safety and natural disaster;

g) Industrial explosive-related emergency response according to Clause 8 of this Article.

4. Contents of training for lead blasters

a) Regulations of law on use of industrial explosives; list of permissible industrial explosives in Vietnam;

b) Safety requirements when working with industrial explosives; classification, quality inspection of industrial explosives; regulations on destruction of industrial explosives; requirements for packaging and labeling of industrial explosives;

c) Blast methods; blast safety measures; effects of blasts on construction works, the environment and humans; safe distance during blast; blast plan development; regulations on blast effect surveillance;

d) Method for preparation of the blasting permit or typical blast design and preparation of blast size under the blasting permit or blast design;

dd) Storage of industrial explosives at the blast size;

e) Movement of industrial explosives from the warehouse to the size and vice versa;

g) Identification of risks, hazards; assessment of risks during use of industrial explosives in terms of security, safety, fire safety and natural disaster;

h) Industrial explosive-related emergency response according to Clause 8 of this Article.

5. Contents of training for blasters

a) Regulations of law on use of industrial explosives; list of permissible industrial explosives in Vietnam;

b) Safety requirements when working with industrial explosives; classification, quality inspection of industrial explosives; regulations on destruction of industrial explosives; requirements for packaging and labeling of industrial explosives;

c) Blast methods; blast safety measures; affects of blasts on construction works, the environment and humans; safe distance during blast;

d) Doing blasting works: Comprehension of the blasting permit; storage of industrial explosives at the blasting site; safety measures during preparation of explosives (for blasting in petroleum extraction); blasting methods,

dd) Identification of risks, hazards; assessment of risks during use of industrial explosives in terms of security, safety, fire safety and natural disaster;

e) Industrial explosive-related emergency response according to Clause 8 of this Article.

6. Contents of training for attendants, escorts, the operator of the vehicle carrying industrial explosives

a) Regulations of law on use, storage and transport of industrial explosives;

b) Safety requirements when working with industrial explosives;

c) Signs, symbols and warning signs on industrial explosive packages, containers and means of transport;

d) Measures for storage of industrial explosives in the warehouse, at transit locations, on vehicles and at blasting sites;

dd) Identification of risks, hazards; assessment of risks during handling, movement, use of industrial explosives; security and safety during transport of industrial explosives;

e) Industrial explosive-related emergency response according to Clause 8 of this Article.

7. Contents of training for persons analyzing or testing industrial explosives

a) Regulations of law on quality control of industrial explosives, criteria for assessment of quality of industrial explosives;

b) Safety requirements for working with and storage of industrial explosives;

c) Classification and labeling of industrial explosives; list of permissible industrial explosives in Vietnam;

d) Methods for inspection and testing; safety measures during inspection of industrial explosives; methods for destruction of industrial explosives;

dd) Procedures for analyzing or testing industrial explosive quality;

e) Industrial explosive-related emergency response according to Clause 8 of this Article.

8. Contents of training in industrial explosive-related emergency response

a) Identification and detection of emergencies; what to do in an emergency;

b) Threats to humans and property at the site; escape positions and escape routes; decisions to be made before evacuation;

c) What to do in case of an accident or emergency that threatens safety of industrial explosives: contact the rescue team; on-site first aid; use of firefighting equipment; inform the authority; mobilize internal and external resources;

d) Methods and measures for emergency response;

dd) Investigation into the causes and consequence of the emergency;

e) Recovery plan.

Article 8. Fire safety and firefighting training

Fire safety and firefighting training shall be organized in accordance with regulations of law on fire safety and firefighting.

Article 9. Organization of industrial explosive safety training

1. The authorities specified in Article 6 of this Decree shall:

a) Draft training documents and organize provision of training for managers in accordance with Clause 1 Article 7 of this Decree;

b) Select a qualified trainer according to Clause 3 of this Article;

c) Manage and monitor the industrial explosive safety training.

2. Organizations having industrial explosive operation shall:

a) Draft training documents and organize provision of training for the persons specified in Article 5 of this Article, except managers, in accordance with Clause 2 through 7 of Article 7, and make sure the training contents are appropriate for the industrial explosive operation of the organization;

b) Select a qualified trainer according to Clause 3 of this Article;

c) Request an authority specified in Article 6 of this Decree to provide training, carry out an examination and issue the safety training certificate to the manager; carry out an examination and issue the safety training certificate to the persons specified in Article 5 of this Decree, except managers;

d) Manage and monitor the provision of industrial explosive safety training.

dd) Industrial explosive safety training may be combined with training in fire safety and firefighting, rescue, occupational hygiene and safety or other contents.

3. The industrial explosive safety trainer shall have at least a bachelor’s degree in one of the following disciplines: chemistry, ammunition, chemistry of propellants, explosives, combat engineer, mining, geology, construction, transport, irrigation, geophysics or petroleum and at least 5 consecutive years’ experience of industrial explosive safety or 3 consecutive years’ experience in state management of industrial explosives; has knowledge about regulations of law on industrial explosives.

4. Types of training:

a) Introductory training: provided for the persons specified in Article 5 of this Decree before they engage in any industrial explosive operation. Training duration: at least 16 hours for the persons specified in Clause 2, 4, 5 of Article 5 and at least 12 hours for the persons specified in Clause 1, 3, 6, 7 of Article 5 of this Decree;

b) Periodic training: provided every 02 years for the persons specified in Article 5 of this Decree. Training duration: ½ of the duration of the introductory training;

c) Repeated training: provided for the persons specified in Article 5 of this Decree who fail the examination; blasters; workers who directly manufacture industrial explosives that have stopped working for at least 06 months or in case the industrial explosive manufacture technology or use method is changed. Training duration: ½ of the duration of the introductory training.

Article 10. Examination and issuance of the safety training certificate

1. The organization having industrial explosive operation shall prepare an application for training, examination and issuance of the safety training certificate, submit it directly or by post to the authority specified in Article 6 of this Decree. Such an application consists of:

a) Application form No. 01 in the Appendix hereof;

b) A list of trainees (form No. 02 in the Appendix hereof);

c) 02 photos (3x4 cm) of each of the trainees;

d) Documents proving fulfilment of the conditions specified in Article 4 of this Decree.

2. The organization having industrial explosive operation shall prepare an application for training, examination and issuance of the safety training certificate for the persons specified in Article 5 of this Decree, except managers, and submit it directly or by post to the authority specified in Article 6 of this Decree. Such an application consists of:

a) Application form No. 01 in the Appendix hereof;

b) A list of trainees (form No. 02 in the Appendix hereof);

c) 02 photos (3x4 cm) of each of the trainees;

d) Training documents for each group of trainees according to Point a Clause 2 Article 9 of this Decree;

dd) Documents proving fulfilment of the conditions specified in Article 4 of this Decree.

3. Training procedures:

a) Within 05 working days from the receipt of adequate documents, the receiving authority shall notify the applicant of the training and examination schedule;

b) Within 10 working days from the receipt of adequate documents, the receiving authority shall inform the applicant of the training and examination schedule;

4. Examination contents and results

a) The examination contents shall be appropriate for the training contents specified in Article 7 of this Article;

b) The safety training certificate shall be granted if the trainee’s score is at least 6/10.

5. b) The safety training certificate shall be issued within 05 working days from the end of the examination by the authority specified in Article 6 of this Decree (form No. 03 in the Appendix hereof).

6. A safety training certificate shall be effective nationwide for 02 years.

7. Reissuance of the safety training certificate

a) A safety training certificate will be reissued if the original one is lost, incorrect or damaged;

b) The reissued safety training certificate has the same contents and expiry date as the original one;

c) An application for reissuance consists of application form No. 01 in the Appendix hereof, 02 photos (3x4 cm) and a list of trainees that wish to have their safety training certificate reissued;

d) The certificate shall be reissued within 03 working days from receive of the satisfactory application by the authority specified in Article 6 of this Decree.

Chapter III

TRAINING AND CERTIFICATE OF TRAINING IN EXPLOSIVE PRECURSOR SAFETY

Article 11. Mandatory participants in explosive precursor safety training

1. Managers of explosive precursor warehouses shall be provided with training and granted the certificate of training in explosive precursor safety.

2. Explosive precursor warehouse managers who are already trained in and granted the certificate of training in industrial explosive safety are not required to have the certificate of training in explosive precursor safety.

Article 12. Power to issue the certificate of explosive precursor safety training

1. Departments of Industry and Trade shall organize the examinations and issuance of the safety training certificates in their provinces, except for the persons specified in Clause 2 of this Article.

2. The authorities assigned by the Ministry of National Defense to take charge of industrial explosive management shall preside over the organization of examinations for issuance of the certificate of safety training to the entities that manufacture, sell, use or transport industrial explosives and provide blast services under management of the Ministry of National Defense.

Article 13. Contents of explosive precursor safety training

1. b) Safety requirements when working with explosive precursors.

2. Regulations of law on storage of explosive precursors: The warehouse, fire safety and firefighting equipment, lightning and static electricity control in the explosive precursor warehouse;

3. The composition, characteristics, classification, testing, inspection and quality assurance of explosive precursors; requirements for packaging and labeling of explosive precursors;

4. Arrangement and storage of explosive precursors; safety during movement and transport of explosive precursors in the warehouse and in transit.

5. Release, receipt and stocktaking of explosive precursors.

6. Responsibilities of managers of explosive precursor warehouse.

Article 14. Organization of explosive precursor safety training

1. Organizations having explosive precursor operation shall:

a) Draft training documents and organize provision of training for the explosive precursor warehouse managers in accordance with Article 13 of this Article;

b) Select a qualified trainer according to Clause 2 of this Article;

c) Request the authority mentioned in Article 12 of this Decree to carry out examination and issue the certificate of explosive precursor safety training to the explosive precursor warehouse manager;

d) Supervise the provision of training for the explosive precursor warehouse manager;

dd) Explosive precursor safety training may be combined with training in fire safety and firefighting, rescue, occupational hygiene and safety or other contents.

2. The explosive precursor safety trainer shall have at least a bachelor’s degree and 05 consecutive years experience of explosive precursor safety works, chemistry or industrial explosives; or at least 03 consecutive years’ experience of state management of industrial explosives or explosive precursors; have knowledge about regulations of law on explosive precursors.

3. Types of training:

a) Introductory training: provided for the persons specified in Clause 1 Article 11 of this Decree before they start working as the explosive precursor warehouse manager. Training duration: at least 12 hours;

b) Periodic training: provided every 02 years for the persons specified in Clause 1 Article 11 of this Decree. Training duration: ½ of the duration of the introductory training;

c) Repeated training: provided for the persons specified in Clause 1 Article 11 of this Decree who fail the examination Training duration: ½ of the duration of the introductory training.

Article 15. Examination and issuance of the certificate of explosive precursor safety training

1. The organization having explosive precursor operation shall prepare an application for examination and issuance of the certificate of explosive precursor safety training, submit it directly or by post to the authority specified in Article 12 of this Decree. Such an application consists of:

a) Application form No. 01 in the Appendix hereof;

b) A list of trainees (form No. 02 in the Appendix hereof);

c) 02 photos (3x4 cm) of each of the trainees;

d) Training documents specified in Point a Clause 1 Article 14 of this Decree.

2. Training procedures:

a) Within 05 working days from the receipt of adequate documents, the receiving authority specified in Article 12 shall notify the applicant of the examination schedule;

b) Within 10 working days from the notification date, the receiving authority shall carry out the examination.

3. Examination contents and results

a) The examination contents shall be appropriate for the training contents specified in Article 13 of this Article;

b) The certificate of safety training shall be granted if the trainee’s score is at least 6/10.

4. b) The certificate shall be issued within 03 working days from the end of the examination by the authority specified in Article 12 of this Decree (form No. 03 in the Appendix hereof).

5. A certificate of safety training shall be effective nationwide for 02 years.

6. Reissuance of the safety training certificate

a) A safety training certificate will be reissued if the original one is lost, incorrect or damaged;

b) The reissued safety training certificate has the same contents and expiry date as the original one;

c) Application form No. 01 in the Appendix hereof; 02 photos (3x4 cm) and a list of trainees that wish to have their certificates reissued;

d) The certificate shall be reissued within 03 working days from receive of the satisfactory application by the authority specified in Article 12 of this Decree.

Chapter IV

MANAGEMENT AND STORAGE OF INDUSTRIAL EXPLOSIVES AND EXPLOSIVE PRECURSORS, REVOCATION OF THE CERTIFICATE OF ELIGIBILITY FOR MANAGEMENT AND USE OF INDUSTRIAL EXPLOSIVES OR EXPLOSIVE PRECURSORS.

Article 16. Management and storage of industrial explosives

1. Storage of industrial explosives on vehicles, in transit areas and blasting site shall comply with relevant technical regulations, national standards and legislative documents.

2. The industrial explosive warehouse shall satisfy construction, security, safety, fire safety, lightning protection, static electricity control and environmental safety requirements in relevant technical regulations, national standards and legislative documents.

3. Industrial explosive warehouses may only be used and managed by organizations permitted to manufacture, sell or use industrial explosives or provide blasting services. Investment in, construction, expansion, renovation of industrial explosive warehouses shall comply with regulations of law on construction investment and quality control, relevant technical regulations and laws.

4. Organizations using industrial explosive warehouses shall:

a) Draft and issue rules and regulations on assurance of security, safety, fire safety of the warehouse;

b) Deploy security guards 24/24; inspect people and vehicles entering and exiting the warehouse to ensure security, safety and fire safety;

c) Put up warning signs and instructions signs relevant to safety and fire safety;

d) Develop and put up the procedures for arrangement, storage, release and receipt of industrial explosives in the warehouse; classify substandard industrial explosives as prescribed;

dd) Identify hazards and assess risks to the industrial explosive warehouse;

e) Develop an emergency response plan, firefighting and rescue plan; security protection plan or chemical emergency prevention and response plan;

g) Provide adequate equipment for rescue, fire safety and firefighting in accordance with regulations of law on fire safety and firefighting.

Article 17. Management and storage of explosive precursors

1. The location where explosive precursors are stored shall ensure security, safety and fire safety according to relevant technical regulations, national standards and legislative documents.

2. The explosive precursor warehouse shall satisfy construction, security, safety, fire safety, lightning protection, static electricity control and environmental safety requirements in relevant technical regulations, national standards and legislative documents.

3. Organizations using explosive precursor warehouses shall:

a) Draft and issue rules and regulations on assurance of security, safety, fire safety of the warehouse;

b) Deploy security guards 24/24; inspect people and vehicles entering and exiting the warehouse to ensure security, safety and fire safety;

c) Put up warning signs and instructions signs relevant to safety and fire safety;

d) Develop and put up the procedures for arrangement, storage, release and receipt of explosive precursors in the warehouse; classify substandard explosive precursors as prescribed;

dd) Separate explosive precursors from chemicals that can react to each other, or have a suitable firefighting plan;

e) Identify hazards and assess risks to the explosive precursor warehouse;

g) Develop a chemical emergency response plan, firefighting and rescue plan; security protection plan as prescribed by law soft;

h) Provide adequate equipment for rescue, fire safety and firefighting in accordance with regulations of law on fire safety and firefighting.

Article 18. Procedures for revocation of the certificate of eligibility for management and use of industrial explosives or explosive precursors

The certificate of eligibility for management and use of industrial explosives or explosive precursors can be revoked according to Clause 4 Article 10 of the Law on Management and use of weapons, explosive materials and combat gears. To be specific:

1. If the revocation is requested by the certificate holder according to Clause 1 Article 11 of the Law on Management and use of weapons, explosive materials and combat gears, the competent authority shall issue a revocation decision (form no. 04 in the Appendix hereof).

2. If the revocation is not requested by the certificate holder according to Clause 1 Article 11 of the Law on Management and use of weapons, explosive materials and combat gears, the competent authority shall carry out an inspection issue a record, revoke the certificate and perform subsequent tasks prescribed by law.

Chapter V

IMPLEMENTATION CLAUSES

Article 19. Responsibility for implementation

1. Responsibilities of the Ministry of Industry and Trade

a) Take charge and provide guidance on implementation of regulations of law on industrial explosives and explosive precursors.

b) Take charge and provide guidance on registration and addition of new industrial explosives to the list of permissible industrial explosives in Vietnam.

c) Take charge and cooperate with the Ministry of Public Security, the Ministry of National Defense, relevant Ministries and agencies in carrying out inspections of implementation of regulations of law on industrial explosives and explosive precursors.

d) Produce statistics of industrial explosive operation and explosive precursor operation nationwide; submit reports to the Government on management and use of industrial explosives and explosive precursors nationwide.

dd) Seek international cooperation in industrial explosive operation and explosive precursor operation.

e) Carry out inspections, settle complaints and denunciations, take actions against violations relevant to industrial explosive operation and explosive precursor operation.

2. Responsibilities of the Ministry of Public Security

a) Organize examinations and issuance of the certificate of security and order; inspect fire safety and firefighting safety of warehouses and means of transport of industrial explosives and explosive precursors of organizations having industrial explosive or explosive precursor operation; organize examinations and issuance of the license to transport industrial explosives and explosive precursors to organizations that are not under management of the Ministry of National Defense.

b) Take charge and cooperate with the Ministry of Industry and Trade in carrying out inspections of implementation of regulations of law on security, fire safety and rescue by organizations and individuals having industrial explosive OR explosive precursor operation under management of the Ministry of Public Security.

3. Responsibilities of the Ministry of National Defense

a) Issue licenses to use industrial explosives, orders to transport industrial explosives and explosive precursors to military organizations, military enterprises and state-funded organizations represented by the Ministry of National Defense.

b) Take charge and cooperate with the Ministry of Industry and Trade in carrying out inspections of implementation of regulations of law on industrial explosive and explosive precursor operation under management of the Ministry of National Defense.

4. Responsibilities of local authorities

a) All People’s Committees shall carry out management, inspections, settlement of complaints and denunciations; take actions against violations relevant to industrial explosive operation and explosive precursor operation in their administrative divisions according to assignment by the Government, regulations of this Decree and relevant laws.

b) The People’s Committees of provinces shall promulgate regulations on management of industrial explosives and explosive precursors in their provinces; receive notices of use of industrial explosives from local organizations in accordance with the Law on Management and use of weapons, explosive materials and combat gears.

c) Departments of Industry and Trade shall assist the People’s Committees of provinces in managing industrial explosive operation and explosive precursor operation in their provinces.

Article 20. Effect

1. This Decree takes effect on July 01, 2018.

2. The following documents and regulations are annulled: Decree No. 39/2009/ND-CP dated April 23, 2009 on industrial explosives; The Decree No. 54/2012/ND-CP, regulations on explosive precursors in Decree No. 76/2014/ND-CP, Chapter III of Decree No. 77/2016/ND-CP, Chapter VII of Decree No. 08/2018/ND-CP.

For the Government

The Prime Minister

Nguyen Xuan Phuc