Procedures for issuing certificates of eligibility for producing industrial explosive materials in Vietnam from January 1, 2025

Procedures for issuing certificates of eligibility for producing industrial explosive materials in Vietnam from January 1, 2025 (Image from the Internet)

On June 29, 2024, the National Assembly issued the Law on Management and Use of Weapons, Explosive Materials and Support Instruments 2024.

Procedures for issuing certificates of eligibility for producing industrial explosive materials in Vietnam from January 1, 2025

Article 35 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments 2024 regulates the procedures for issuing certificates of eligibility for producing industrial explosive materials in Vietnam as follows:

- The application for the certificate of eligibility for producing industrial explosive materials includes:

+ A written request specifying the name, address of the organization or enterprise; reason; full name, address, personal identification number or passport number of the legal representative; organization or enterprise establishment decision number or business registration certificate number; certificate number of security and order conditions; decision number of the Minister of Industry and Trade recognizing the registration results of the product and including the product in the list of industrial explosive materials allowed to be produced, traded, and used in Vietnam for new industrial explosive materials produced, used in Vietnam; environmental permit number. For organizations or enterprises under the Ministry of National Defense, a written request from the Ministry of National Defense or an authorized management body is required;

+ A copy of the decision assigning the task of producing industrial explosives by the Prime Minister, except for organizations or enterprises already authorized to research, develop, and test industrial explosives as stipulated in Clause 1, Article 34 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments 2024;

+ A copy of the investment project approval decision for constructing the industrial explosive material production facility according to the laws on management, investment, and construction;

+ A copy of the certification inspection for equipment requiring strict occupational safety, measurement equipment, and the testing results for technical specifications of the explosive materials;

+ Documentation proving compliance with safety standards, product quality, spatial layout, technology line arrangement; electrical, lightning protection systems; construction project acceptance results.

- Organizations or enterprises currently producing industrial explosive materials that require a change of name without changing the production conditions should request an adjustment to the certificate of eligibility for producing industrial explosive materials. The application includes: a written request; a copy of the decision from the competent authority allowing the name change of the organization or enterprise.

- Organizations or enterprises producing industrial explosive materials that renovate or upgrade infrastructure and production equipment but do not compromise the requirements per technical standards, technology layout, and safety conditions concerning fire, explosion prevention, and technical safety of the approved production line, should upon completion, submit a written request for a new certificate of eligibility for producing industrial explosive materials, including information on the renovation and upgrade results.

- Organizations or enterprises producing industrial explosive materials that suffer incidents or accidents causing damage to the production line should, after investigation and restoration, compile a technical Application of the repair and restoration process and submit a written request for a new certificate of eligibility for producing industrial explosive materials, including information on the repair and restoration results of the production line.

- Applications and documents stipulated in Clauses 1, 2, 3, and 4, Article 35 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments 2024 are to be submitted through the National Public Service Portal, the Ministry of Industry and Trade's administrative procedures information system, or via postal service to the competent authority as designated by the Minister of Industry and Trade. Direct submissions require additional information, including the full name and personal identification number or passport number of the contact person.

- Within 05 working days from receipt of complete Applications, the competent authority shall review the Applications, inspect the actual conditions, and issue a certificate of eligibility for industrial explosive material production; in cases of non-issuance, a written explanation shall be provided.

More details can be found in the Law on Management and Use of Weapons, Explosive Materials and Support Instruments 2024 which comes into force in Vietnam from January 1, 2025, except for provisions stipulated in Clause 2, Article 73 of the Law on Management and Use of Weapons, Explosive Materials and Support Instruments 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE