What are conditions for trading of explosives precursors in Vietnam?

What are conditions for trading of explosives precursors in Vietnam? What are regulations on procedures for issuance of licenses to trade in explosives precursors in Vietnam? What are cases of exemption from licenses of trading, import, export and repair of explosives precursors in Vietnam?

What are conditions for trading of explosives precursors in Vietnam?

What are conditions for trading of explosives precursors in Vietnam? Hello, my name is Pham Van Hau, I am aspire to establish a private business dealing in explosive precursors to supply industrial explosives manufacturing companies in Cam Pha city, Quang Ninh Province. May I ask, what conditions must be met in order to trade explosives precursors? In which legal documents can I find information? Looking forward to receiving a response from you. Thank you!

Answer:

According to the provisions of Clause 3, Article 46 of the Law on management and use of weapons, explosives and combat gears in 2017, the trading of explosives precursors shall satisfy the following conditions:

a) The trader is established in accordance with regulations of law;

b) 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;

c) 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;

d) Managers and employees engaged in trading of explosives precursors are trained in safe technique related to chemicals and fire prevention.

What are regulations on procedures for issuance of licenses to trade in explosives precursors in Vietnam?

What are regulations on procedures for issuance of licenses to trade in explosives precursors in Vietnam? Hello, I'm Le Thanh Vinh, currently a 3rd year economics student in Ho Chi Minh City. I am investigating the regulations related to the business of explosive precursors. May I ask, what are procedures for issuance of licenses to trade in explosives precursors in Vietnam? In which legal documents can I find information? Looking forward to receiving a response from you. Thank you!

Answer:

Procedures for issuance of licenses to trade in explosives precursors are specified in Article 48 of the Law on management and use of weapons, explosives and combat gears in 2017. Specifically:

1. An application for a license to trade in explosives precursors shall consist of

a) An application form for a license to trade in explosives precursors;

b) A copy of the ERC or investment certificate issued by the competent authority which contains business lines related to chemicals or industrial explosives;

c) A copy of the certificate of eligibility for ensuring security and order in case of trading of explosives precursors whose content of ammonium nitrate is 98.5 % or over;

d) Copies of documents on assessment, inspection and commissioning in terms of fire prevention of warehouses and specialized vehicles used for transporting explosives precursors;

dd) A declaration of warehouses, harbors and workshops of the trader, a written permission for putting these works into use; a list of specialized vehicles used for transporting explosives precursors and copies of driving licenses; a plan or measure for prevention of and response to urgent incidents related to warehouses and vehicles of explosives precursors;

e) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the People's Army of the person submitting the application.

2. An application containing the documents prescribed in Clause 1 of this Article shall be submitted to the competent authority assigned by the Minister of Industry and Trade. Within 5 working days from the day on which the adequate application is received, the competent authority shall carry out an inspection and assessment and issue the license to trade in explosives precursors or send a written explanation to the applicant in case of refusal to issue the license. The period of a license to trade in explosives precursors shall be 5 years.

3. Procedures for replacement, issuance of or adjustments to licenses to trade in explosives precursors shall be specified as follows:

Expired licenses to trade in explosives precursors shall be replaced An application shall consist of an application form for replacement of the license to trade in explosives precursors. If a trader of explosives precursors changes contents of ERC, place, scale of or conditions for trading of explosives precursors, it will provide documents proving changed contents;

b) A license to trade in explosives precursors shall be reissued in case of loss or damage. The expiry date of the new license shall be the same as those of the issued license. An application shall consist of an application form for reissuance of the license; a written explanation for loss or damage of the issued license and handling results;

c) The license to trade in explosives precursors shall be adjusted in case of changes in contents of ERC, place, scale of or conditions for trading of explosives precursors or changes in information related to the applicant. An application shall consist of an application form for adjustments to the license; documents proving changed contents. The expiry date of the license shall be remained;

d) An application containing the documents prescribed in Point a, b or c of this Clause shall be submitted to the police authority assigned by the Minister of Public Security; Within 5 working days from the day on which the adequate application is received, the competent authority affiliated to the Ministry of Industry and Trade shall replace, reissue or adjust the license to trade in explosives precursors or send a written explanation to the applicant in case of refusal to issue the license.

What are cases of exemption from licenses of trading, import, export and repair of explosives precursors in Vietnam?

What are cases of exemption from licenses of trading, import, export and repair of explosives precursors in Vietnam? Hello, my name is Hoang Long. I am learning the legal regulations related to business activities, export and import of explosive precursors. May I ask, what are cases of exemption from licenses of trading, import, export and repair of explosives precursors? In which legal documents can I find information? Looking forward to receiving a response from you. Thank you!

Answer:

According to the provisions of Clause 5, Article 46 of the Law on management and use of weapons, explosives and combat gears in 2017, exemption from licenses of trading, import, export and repair of explosives precursors in one of the following cases:

5. Exemption from licenses shall be specified as follows:

a) Licenses to trade in, export or import explosives precursors for scientific research and testing whose used quantity per year is 5 kilograms or less shall be exempted;

b) An organizations importing explosives precursors for production, research and testing shall obtain the license to import explosives precursors and be exempted from the license to trade in explosives precursors but it shall ensure the conditions for trading in explosives precursors prescribed in Clause 3 of this Article;

c) If an organization that does not use completely its explosives precursors sells the redundant explosives to legal providers of explosives precursors, it will be exempted from the license to trade in explosives precursors.

In addition to the above cases, organizations and enterprises wishing to trade, export or import explosives precursors must obtain a license to trade, export or import precursors from a competent state agency in Vietnam. 

Best Regards!

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