What are explosive precursors? What are the current procedures for applying for a license to transport explosives precursors in Vietnam?
- What are explosive precursors? What are the conditions for trading explosives precursors in Vietnam?
- What are the current procedures for applying for a license to transport explosives precursors in Vietnam?
- What are the dossiers for issuance of a license to transport explosives precursors in Vietnam?
What are explosive precursors? What are the conditions for trading explosives precursors in Vietnam?
According to Clause 10, Article 3 of the Law on Management and Use of Weapons, Explosives and Combat Gears 2017, “explosives precursors” means dangerous chemicals directly used for producing explosives.
Pursuant to Clause 3, Article 46 of the Law on Management and Use of Weapons, Explosives and Combat Gears 2017, The trading of explosives precursors shall satisfy the following conditions:
- The trader is established in accordance with regulations of law;
- Places of warehouses, harbors, loading and unloading places of explosives precursors satisfy:
+ Conditions for security and order; have necessary equipment for ensuring safety and fire prevention; ensure the safe distance between those places and works and objects to be protected as prescribed in standards, technical regulations and relevant regulations.
+ Warehouses containing or warehouses hired to contain explosives precursors satisfy conditions for maintenance of quality during the period of trading.
+ Equipment used for containing and storing explosives precursors ensure quality and environmental hygiene. Vehicles used for transporting explosives precursors comply with regulations of law on transport of dangerous goods.
+ There are legal documents proving origins of place of production, place of import and place of provision of explosives precursors for trading.
+ There is equipment for controlling, collecting and treating hazardous wastes or contracts for transporting, treating and destroying hazardous waste as prescribed in Law on environmental protection;
- Plans or measures for prevention of and response to chemical incidents are approved or confirmed by competent authorities in accordance with regulations of Law on chemicals;
- Managers and employees engaged in trading of explosives precursors are trained in safe technique related to chemicals and fire prevention.
What are explosive precursors? What are the current procedures for applying for a license to transport explosives precursors in Vietnam? (Image from the Internet)
What are the current procedures for applying for a license to transport explosives precursors in Vietnam?
Pursuant to the provisions of subsection 9 Section D Part II Administrative procedures promulgated together with Decision 3191/QD-BCA in 2022.
The application for a license to transport explosives precursors is currently carried out in the following order:
- Step 1:
Central agencies, organizations and enterprises that wish to issue a license to transport explosives precursors shall submit their dossiers at the Police Department for administrative management of social order - the Ministry of Public Security at office hours on weekdays, through the Online Public Service Portal or by the postal service.
- Step 2:
The receiving officer checks the validity and composition of the dossier.
+ If the application meets the requirements and procedures, then receive the application, hand over the receipt or notice on the online public service portal to the person handed over by the agency, organization or enterprise.
+ In case the dossier is qualified but the procedures are missing or the declaration is incomplete and inaccurate, a written instruction or notice on the Online Public Service Portal clearly stating the procedures and contents to be supplemented and declared.
+ In case the application is not eligible, the application will not be accepted and a written reply or a notice on the Online Public Service Portal clearly stating the reason for not receiving the application.
- Step 3:
Based on the appointment date on the receipt or the notice on the online public service portal, the agency, organization or enterprise that is granted a license to transport explosives precursors comes to receive a license to transport explosives precursors or receive a license to transport explosives, precursors through the online public service portal, through the postal service.
In there:
- Procedures:
+ Submit application directly at the head office of the Police Department for administrative management of social order - Ministry of Public Security;
+ Submit application via postal service;
+ Apply online through the National Public Service Portal or the Public Service Portal of the Ministry of Public Security.
- Processing time: 03 working days.
- Results of administrative procedures: License to transport explosives precursors.
What are the dossiers for issuance of a license to transport explosives precursors in Vietnam?
Dossier for issuance of a license to transport explosives precursors is made according to the provisions of Clause 1, Article 47 of the Law on management and use of weapons, explosives and combat gears, 2017 and subsection 9, Section D, Part II. promulgated together with Decision 3191/QD-BCA in 2022.
Specifics include:
- An application form specifying the reasons for and quantity and types of transported explosives precursors; the place of departure, place of arrival, time and route of transport; full name and address of the person in charge of transporting the explosives precursors and the person driving the vehicle; the vehicle’s license plate;
- A copy of the decision on establishment issued by the competent authority or a copy of the ERC;
- A copy of the certificate of eligibility for ensuring security and order in case of production of explosives precursors whose content of ammonium nitrate is 98.5 % or over;
- The documents proving the eligibility for transporting explosives precursors:
+ License to export or import explosives precursors
+ Registration certificate for receipt of industrial explosives and explosive precursors
+ Sales invoice or export order;
+ Purchase and sale contract; Carriage contract;
+ Minutes of inspection of fire prevention and fighting vehicles;
+ Certificate of training on safety, fire prevention and fighting of the carrier and escort;
+ Certificate of technical training in explosive precursor safety of the carrier and escort; vehicle driving license, vehicle registration certificate;
- Referral;
- A copy of the citizen ID card, ID card, passport or ID issued by the People's Army of the applicant.
LawNet