Procedures for issuance of permits for the use of industrial explosives in Vietnam from January 01, 2025

Procedures for issuance of permits for the use of industrial explosives in Vietnam from January 01, 2025​ (Image from the internet)

On November 15, 2024, the Minister of National Defense of Vietnam issued Circular 98/2024/TT-BQP regulating the management of activities related to industrial explosives and explosive precursors under the management authority of the Ministry of National Defense.

Procedures for issuance of permits for the use of industrial explosives in Vietnam from January 01, 2025

Based on Article 3 Circular 98/2024/TT-BQP, the procedures for issuance of permits for the use of industrial explosives in Vietnam are regulated as follows:

(1) Organizations and enterprises under the management of the Ministry of National Defense and not specified in (2) that apply for a permit to use industrial explosives for the purpose of constructing national defense and security projects; handling emergencies, overcoming natural disaster incidents, or performing tasks assigned by competent authorities, requiring the use of industrial explosives according to legal regulations, must submit the following documents:

- A request form for a permit to use industrial explosives in accordance with Form 01 specified in the Appendix issued with this Circular;

- A security and safety condition certificate issued by the security protection agency in accordance with Form 06 specified in the Appendix issued with Circular 98/2024/TT-BQP;

- A copy of the contract award decision for construction work, a copy of the contract acceptance, or an authorization document assigning the task of executing the construction contract that is still valid; a copy of the document from the competent authority assigning the task necessitating the use of industrial explosives;

- A copy of the design, construction drawings of the construction project items; the construction plan for activities requiring the use of industrial explosives;

- An approved blasting plan signed by the organizational or enterprise leader.

In case of blasting in residential areas, medical facilities, historical-cultural sites, nature conservation zones, national defense and security projects, or other important national projects, or any other protected areas as regulated by law, there must be approval from the authority issuing the industrial explosives usage permit and an agreement from the provincial People's Committee or local management agency with the blasting plan;

- A copy of the acceptance or periodic inspection document on fire prevention and control for industrial explosives storage as regulated;

- If the organization or enterprise does not have storage facilities or means of transport for industrial explosives, the application for a permit must include a document expressing the intent to lease storage or transportation facilities from an organization or enterprise that meets the storage, transportation conditions as per the Law on Management and Use of Weapons, Explosive Materials, and Supporting Tools;

- Decision appointing the blasting supervisor issued by the organization or enterprise's leader and the list of blasters, persons directly involved in using industrial explosives; work permit for foreigners involved in using industrial explosives (if any); copies of professional certificates, technical safety training certificates in the activity of using industrial explosives for the blasting supervisor and blasting crew;

- A copy of the document proving payment of the licensing evaluation fee as per regulations if applications are submitted in person.

(2) Military agencies and units, not enterprises applying for a permit to use industrial explosives for constructing national defense and security projects; handling emergencies, overcoming natural disasters incidents, or performing tasks assigned by competent authorities requiring the use of industrial explosives as per legal regulations, must submit the following documents:

- A request form for a permit to use industrial explosives in accordance with Form 01 specified in the Appendix issued with Circular 98/2024/TT-BQP;

- A security and safety condition certificate issued by the security protection agency in accordance with Form 06 specified in the Appendix issued with this Circular.

(3) Organizations and enterprises providing blasting services under the management of the Ministry of National Defense applying for a permit to use industrial explosives must submit the following documents:

- A request form for a permit to use industrial explosives in accordance with Form 01 specified in the Appendix issued with this Circular;

- A copy of the blasting service license issued by the competent authority;

- A copy of the blasting service contract between the blasting service provider and the organization, individual requiring the service as per the Law on Management and Use of Weapons, Explosive Materials, and Supporting Tools;

- A copy of the design, construction drawings of construction project items; mining design, mineral exploration project; research, experiment proposal; construction and operation plan for activities requiring the use of industrial explosives;

- Documents and materials specified in points dd, e, g, h, and i, clause 1 Article 3 Circular 98/2024/TT-BQP.

(4) Organizations and enterprises under the management of the Ministry of National Defense using industrial explosives not for the purposes specified above applying for a permit to use industrial explosives must submit the following documents:

- A request form for a permit to use industrial explosives in accordance with Form 01 specified in the Appendix issued with Circular 98/2024/TT-BQP;

- A copy of the security and order condition certificate as per legal regulations for the enterprise;

- A copy of the mineral or petroleum exploration and exploitation license for mineral or petroleum enterprises; a copy of the contract award decision, a copy of the contract acceptance, or an authorization document assigning the task of executing the construction contract that is still valid; a copy of the task assignment document from a subordinate unit of the Ministry of National Defense for other tasks requiring the use of industrial explosives;

- A copy of the design, construction drawings of construction project items; mining design, mineral exploration project; research, experiment proposal; construction and operation plan for activities requiring the use of industrial explosives;

- Documents and materials specified in points dd, e, g, h, and i, clause 1 Article 3 Circular 98/2024/TT-BQP.

(5) The above-mentioned documents must be compiled into 01 dossier and submitted to the Staff Department/General Department of National Defense Industry or submitted online through the National Public Service Portal, the Ministry of National Defense's Administrative Procedure Resolution System.

- In the case of direct submission, organizations and enterprises may choose to submit copies of the aforementioned documents and materials as copies from the original books, copies certified against the original presented for comparison, or certified copies as per legal regulations;

- In case of submission via postal services or military mail, organizations and enterprises must submit certified copies of the aforementioned documents and materials as per legal regulations;

- In case of online submission through the National Public Service Portal, the Ministry of National Defense's Administrative Procedure Resolution System, organizations and enterprises must compile 01 set of the aforementioned documents as electronic dossiers as per legal regulations.

(6) Within 05 working days from the date of receiving a complete and valid dossier, the Staff Department/General Department of National Defense Industry shall appraise and issue the industrial explosives usage permit in accordance with Form 05 specified in the Appendix issued with Circular 98/2024/TT-BQP to the applying agencies, units, organizations, and enterprises; in case of non-issuance, a written explanation with reasons must be provided. The validity period of the industrial explosives usage permit is regulated in clause 7 Article 39 of the Law on Management and Use of Weapons, Explosive Materials, and Supporting Tools.

If the competent authority needs to inspect the actual location or storage of industrial explosives before considering permit issuance, the appraisal period shall not exceed 10 days from the date of receiving a complete and valid dossier.

(7) Organizations and enterprises specified in (1), (3), (4) applying for a permit to use industrial explosives must pay fees according to regulations of the Ministry of Finance.

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