Procedure for Issuing Certificates of Eligibility for Industrial Explosives Production in Vietnam

Procedure for Issuing Certificates of Eligibility for Industrial Explosives Production in Vietnam​ (Image from the Internet)

1. Regulations on research, production, business, export, and import of industrial explosives in Vietnam

Regulations on research, production, business, export, and import of industrial explosives are stipulated in Article 37 of the Law on management and use of weapons, explosives and combat gears 2017 as follows:

- Research on industrial explosives is conducted as follows:

+ Research, development, and testing of industrial explosives are performed by science and technology organizations or enterprises producing industrial explosives based on research proposals approved by competent authorities;

+ The implementation of industrial production or technology transfer on an industrial scale is undertaken at facilities that meet the requisite conditions and have licenses granted by competent state authorities.

- The production of industrial explosives follows these regulations:

+ Organizations producing industrial explosives must be state-owned enterprises tasked by the Prime Minister of the Government of Vietnam at the proposal of the Minister of Industry and Trade, the Minister of Public Security, or the Minister of National Defense;

+ Types of products and production scale must align with the development direction of the industrial explosives sector, ensuring quality and technical safety;

+ Managers, employees, and service personnel involved in the production of industrial explosives must meet security, order conditions, possess appropriate professional qualifications, and be trained in technical safety, fire prevention, and emergency response for activities related to the production of industrial explosives;

+ Adequate means and measuring devices must be available to check and monitor technical parameters and serve the quality inspection of raw materials and finished products during production; there must be a separate, safe testing area in accordance with standards and technical regulations;

+ Classification and labeling of goods must be performed according to legal regulations;

+ Organizations producing industrial explosives are only allowed to sell products of the correct type to enterprises that trade in industrial explosives.

- The business in industrial explosives follows these regulations:

+  Organizations trading in industrial explosives must be state-owned enterprises tasked by the Prime Minister of the Government of Vietnam at the proposal of the Minister of Industry and Trade, the Minister of Public Security, or the Minister of National Defense;

+ Locations of warehouses, ports, receiving and handling areas for industrial explosives must meet security and order conditions; they must ensure safe distances from constructions and protected objects;

+ Warehouses, handling equipment, transportation means, and business serving equipment must be designed and built appropriately, meeting requirements for the storage and transportation of industrial explosives, and fire prevention and firefighting; if there are no warehouses or transportation means, there must be written rental contracts with organizations authorized to store and transport industrial explosives;

+ Managers and service personnel involved in the business of industrial explosives must meet security, order conditions, possess appropriate professional qualifications, and be trained in technical safety, fire prevention, and emergency response for activities related to trading in industrial explosives;

+ Enterprises trading in industrial explosives are allowed to trade in industrial explosives listed in the Catalog of industrial explosives permitted for production, trading, and use in Vietnam; the business activities must comply with the business license; they are allowed to purchase back unused industrial explosives from organizations authorized to use these materials.

- The export and import of industrial explosives are conducted as follows:

+ Enterprises authorized to trade in industrial explosives are allowed to export and import industrial explosives;

+ Export and import of industrial explosives are permitted only when holding an Export/Import License granted by competent authorities under the Ministry of Industry and Trade;

+ The import delegation of industrial explosives can only be executed among enterprises authorized to produce, trade, or use these materials with enterprises authorized to trade in industrial explosives.

2. Procedure for issuance of a Certificate of Eligibility for Industrial Explosives Production in Vietnam

The procedure for issuing a Certificate of Eligibility for Industrial Explosives Production as stipulated in Article 38 of the Law on management and use of weapons, explosives and combat gears 2017 is as follows:

- The dossier requesting the issuance of a Certificate of Eligibility for Industrial Explosives Production includes:

+ A written request for the issuance of the Certificate of Eligibility for Industrial Explosives Production. Enterprises under the Ministry of National Defense must have a request from the Ministry of National Defense or the designated agency managing industrial explosives;

+  A copy of the document assigning the task of Industrial Explosives production by the Prime Minister of the Government of Vietnam;

+ A copy of the enterprise establishment decision or enterprise registration certificate;

+ A copy of the investment project approval decision for the construction of Industrial Explosives production facilities according to construction investment management laws;

+ A copy of the Certificate of Security and Order conditions; documents on fire prevention and firefighting inspection, and acceptance for buildings, production facilities, and storage of industrial explosives;

+ A copy of the Minister of Industry and Trade's decision recognizing the product registration results and including Industrial Explosives products in the Catalog of industrial explosives permitted for production, trading, and use in Vietnam for newly produced industrial explosives used in Vietnam;

+ A copy of the environmental impact assessment approval decision and the Certificate of Environmental Protection Completion;

+  Layouts of production sites; technology line layouts; electric and lightning protection systems; equipment certification for devices requiring strict safety labor conditions, measuring devices; explosive material test results; and construction quality acceptance;

+ An introduction letter along with copies of the Citizen Identification Card, Identity Card, Passport, People's Public Security Identification Card, or identification issued by the People's Army for the person contacting.

- Enterprises currently producing industrial explosives that require a name change without altering production conditions need only a written request to adjust the Certificate of Eligibility for Industrial Explosives Production, a copy of the competent authority’s decision permitting the name change, and a copy of the Certificate of Security and Order conditions issued by the competent police authority.

- Enterprises producing industrial explosives that renovate, upgrade infrastructure, and production equipment without reducing safety, technical, and fire protection standards from the licensed production line must, after renovation or upgrade, submit a written request for the issuance of the Certificate of Eligibility for Industrial Explosives Production.

- Enterprises producing industrial explosives experiencing incidents or accidents that damage production lines must, after investigation and repair, compile technical dossiers on the repair process and submit a written request for the issuance of the Certificate of Eligibility for Industrial Explosives Production.

- The dossier requesting the issuance of the Certificate of Eligibility for Industrial Explosives Production is prepared in one set and submitted to the competent authority as prescribed by the Minister of Industry and Trade. Within 5 working days from receiving a complete dossier, the competent authority will inspect, appraise, and issue the Certificate of Eligibility for Industrial Explosives Production; if not issued, the reason must be provided in writing.

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