CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE MINISTER OF PUBLIC SECURITY’S CIRCULAR NO. 35/2010/TT-BCA DATED OCTOBER 11, 2010 PROVIDING FOR LICENSING INDUSTRIAL EXPLOSIVE AND DANGEROUS GOODS TRANSPORTATION

Pursuant to the Ordinance on the management and use of weapons, explosives and supportive gadget; The Ordinance amending and supplementing a number of articles of the Ordinance on the management and use of weapons, explosives and supportive gadget;

Pursuant to Decree No. 29/2005/ND-CP dated March 10, 2005 defining lists of dangerous goods and the transport of dangerous goods on inland waterways;

Pursuant to Decree No. 109/2006/ND-CP dated September 22, 2006 providing instructions on the implementation of a number of articles of the Law on Railways;

Pursuant to Decree No. 39/2009/ND-CP dated April 23, 2009 on industrial explosives amended and supplemented according to Decree No. 54/2012/NĐ-CP dated June 22, 2012;

Pursuant to the Decree No. 104/2009/ND-CP dated November 09, 2009 defining lists of dangerous goods and transport of dangerous goods by road motor vehicles;

Pursuant to Decree No. 77/2009/ND-CP dated September 15, 2009 defining the functions, tasks, entitlements and organizational structure of the Ministry of Public Security;

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The Minister of Public Security promulgates the Circular amending and supplementing a number of articles of the Minister Of Public Security’s Circular No. 35/2010/TT-BCA dated October 11, 2010 providing on licensing industrial explosive and dangerous goods transportation (hereinafter referred to as Circular No. 35/2010/TT-BCA),

Article 1. Amendents and supplementation to a number of articles of the Minister of Public Security’s Circular No. 35/2010/TT-BCA dated October 11, 2010 providing for licensing industrial explosive and dangerous goods transportation

1. Clause 3 of Article 3 is supplemented as follows:

"3. Transporting industrial explosives means transport of products and raw materials specified in Paragraph 1 of this Article from one location to another location. "

2. Article 4 is amended and supplemented as follows:

Article 4. Conditions to be licensed industrial explosive transportation

Organizations and units transporting industrial explosives must meet the following conditions:

1. Have transport vehicles of industrial explosives meeting the following conditions:

a) Be eligible to participate in traffic as prescribed by law on roadway, railway, domestic waterway transport; have certificate of being eligible to transport dangerous goods granted by registry offices;

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c) Satisfy conditions on safety in fire prevention and fighting as prescribed in Article 12 of the Decree No. 35/2003/NĐ-CP dated April 04, 2003 detailing the implementation of a number of articles of Law on fire prevention and fighting amended and supplemented according to Decree No. 46/2012/NĐ-CP dated May 22, 2012;

d) Have logos giving signals that vehicles are transporting industrial explosives.

2. Have the managers, drivers, escorts and other attendants involved in transporting industrial explosives satisfying the following conditions:

a) Be sufficient 18 years old or older, have clear curriculum vitae, have no previous violation record, criminal record; (the curriculum vitae must be certified by People’s Committee of commune, ward, town at the place of living or working); possess a driving license of vehicles, trains or certificate with professional suitable to registered means of transport (for drivers);

b) Possess a certificate of professional training on fire prevention and fighting granted by competent Police agencies of fire prevention and fighting; certificate of training on industrial explosive knowledge and safe assurance measures when contacting with industrial explosives granted by Competent state management agency of industrial explosives.

c) Have adequate qualifications for the position and responsibility that they undertake.

3. Meet provisions on Points a and c, Clause 1 of Article 26 of the Ordinance on the management and use of weapons, explosives and supportive gadget’’

3. Article 5 is amended and supplemented as follows:

Article 5.  Procedures for issuance and adjustment of license of industrial explosive transportation

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2. The application for adjustment of the license of industrial explosive transportation shall include:

A written request for adjustment of contents of the license of industrial explosive transportation;

b) A copy of the license of industrial explosive transportation (enclosed with the original for comparison).

3. Within 03 working days from the date of receipt of a satisfactory application, competent agencies in issuance and adjusment of the license of industrial explosive transportation must consider the application and conditions of organizations, units transporting industrial explosives to issue and adjust the license of industrial explosive transportation; in case of failure of issuance and adjustment of the license, they must make a reply in writing and clearly state the reasons. "

4. Article 6 is amended and supplemented as follows:

Article 6.  Competence in issuance and adjustment of license of industrial explosive transportation

1. The Head of the Police Department managing administration of social order of Public security Department in central-affiliated cities and provinces at the place of the warehouse and reception of industrial explosives transported to shall issue and adjust the license of industrial explosive transportation to agencies and units requesting; if the Police agencies managing administration of society order where industrial explosives are started to transport or where the headquarters of agencies, units managing means of industrial explosive transport are located issue or adjust the license of transport, there must be a written certification on conditions for receipt of industrial explosives of Police agencies managing administration of society order at the place of the warehouse or receiption of industrial explosives carried to.

2. The Director of Police Department managing administration on society order shall issue and adjust the license of industrial explosive transportation for transportation from Vietnam to foreign countries, transportation from foreign countries into Vietnam and other special cases.’’

5. Clause 6a is added to Article 6 as follows:

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1. The licence of industrial explosive transportation shall be revoked in the following cases:

The license is issued ultra vires;

b) Enterprises are issued the license of industrial explosive transportation due to forgery of application;

c) Enterprises licensed industrial explosive transportation do not meet the conditions specified in Article 4 of this Circular.

2. Competence in revocation of the license of industrial explosive transportation shall be defined as follows:

Competent person in issuance and adjustment of the license of industrial explosive transportation shall be specified in Article 6 of this Circular and the immediate superior of such person shall be competent in revocation of the license of industrial explosive transportation as specified in Paragraph 1 of this Article. "

6. Clause 4 of Article 7 is amended and supplemented as follows:

“4. The Director of the Police Department managing administration of society order shall decide or authorize for the Head of the Police Department managing administration of society order of Public security Department in central-affiliated cities and provinces to decide to temporarily suspend the issuance of the license or the effect of the license of industrial explosive transportation upon requirements for assurance of security, order and social safety in national-level activities or in areas having special requirement for assurance of security, order.”

7. Clause 3 of Article 8 is amended and supplemented as follows:

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8. The following forms are enclosed herewith this Circular:

a) Form VC02 (The registration for receipt of industrial explosives) replacing form VC02 enclosed herewith Circular No. 35/2010/TT-BCA;

b) Form VC02A (The registration for receipt of industrial explosives) replacing form VC02A enclosed herewith Circular No. 35/2010/TT-BCA;

c) Form VC03 (The written request for licensing industrial explosive transportation) replacing form VC03 enclosed herewith Circular No. 35/2010/TT-BCA;

d) Form VC04 (The license of industrial explosive transportation) replacing form VC04 enclosed herewith Circular No. 35/2010/TT-BCA;

dd) Form VC05 (The signal of industrial explosive transport vehicles) replacing form VC05 enclosed herewith Circular No. 35/2010/TT-BCA;

Article 2. Effect

This Circular takes effect from March 10, 2014

Articles 4, 5, 6, Clause 4 of Article 7, Clause 3 of Article 8 of Circular No. 35/2010/TT-BCA and forms: VC02, VC02A, VC03, VC04, VC05 enclosed herewith Circular No. 35/2010/TT-BCA shall be annulled.

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1. The General Director of the General Department of Police managing administration of order, social security shall be responsible for implementing, directing, guiding and inspecting the implementation of this Circular.

2. The General Directors, the Heads of units under the Ministry, the Director of Public Security Department in central-affiliated cities and provinces, the Directors of Police Service of fire prevention and fighting and related organizations and individuals shall be responsible for the implementation of this Circular.

Any problems arising in the course of implementation should be reported to the Ministry of Public Security (through the General Department of Police managing administration of order, society security) for timely guidance. /.

MINISTER




General Tran Dai Quang

Form VC02 enclosed herewith Circular No. 04/2014/TT-BCA dated January 21, 2014

(1)……………….

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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: ………./……….

………, Date …….

THE REGISTRATION FOR INDUSTRIAL EXPLOSIVE RECEIPT

To: ……………………………………..(2)

Pursuant to the Minister of Public Security’s Circular No. 35/2010/TT-BCA dated October 11, 2010 providing for licensing industrial explosives and dangerous goods transportation amended and supplemeted according to Circular No. 04/2014/TT-BCA dated January 21, 2014;

After inspecting safety conditions for fire prevention and fighting, order security and volume of industrial explosives preserved in the warehouse.

…………………………………..(1)

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1. Receiving and storing the number and types of industrial explosives transported to, as follows:

No.

Warehouse’s name

Type of industrial explosives transported to

Volume stored in the warehouse (tons)

Allowed volume of the warehouse under the design

Volume that are being stored

Newly received volume

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2. Time of receipt registration: From... to..../.

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HEAD OF AGENCY AND UNIT
WAREHOUSE MANAGER
(Signature, full name and stamp)

Notes: (1) Name of registration body; (2) Name of agency licensing industrial explosive transportation.

Form VC02A enclosed herewith Circular No. 04/2014/TT-BCA dated January 21, 2014

(1)……………….

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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: ………./……….

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THE WRITTEN REGISTRATION FOR INDUSTRIAL EXPLOSIVE RECEIPT

To: ……………………………………..(2)

Pursuant to the Minister of Public Security’s Circular No. 35/2010/TT-BCA dated October 11, 2010 providing on licensing industrial explosives and dangerous goods transportation amended and supplemeted according to Cicular No. 04/2014/TT-BCA dated January 21, 2014;

After inspecting safety conditions for fire prevention and fighting, order security and volume of industrial explosives preserved in the warehouse.

…………………………………..(1)

REGISTER FOR

1. Receiving and storing the number and types of industrial explosives transported to, as follows:

No.

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Types of industrial explosives transported to

Volume stored in the warehouse (tons)

Allowed volume of the warehouse under the design

Volume that are being stored

Newly received volume

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2. Time of receipt registration: From... to..../.

Confirmation of the Police Agency managing administration on local society managing explosive warehouse (3)

No:………/QLHC on society order,

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Signature, full name and stamp)

HEAD OF AGENCY AND UNITWAREHOUSE MANAGER
(Signature, full name and stamp)

Notes: (1) Name of registration body; (2) Name of licensing agencies of industrial explosive transportation; (3) It can only be performed in cases where the licensing agencies of transportation do not manage industrial explosive warehouse.

Form VC03 enclosed herewith Circular No. 04/2014/TT-BCA dated January 21, 2014

(1)……………….

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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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………, Date……..

THE WRITTEN REQUEST

Licensing industrial explosive transportation.

To: (2)……………………………………..

(1)……………………………………………………………………………………..

Hereby appoint Mr/Ms: …………………………………………………Position…………………..

ID/Passport number: ..........by: ..................... dated ........./........../................

To transport industrial explosives under the VAT Invoice number …dated ............ ......./..../.......... of (3)…………………………………………………………………………………………..

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2. Time of transport: From…/…./…to…/…/…3. List of drivers, escorts and vehicles shall be as follows:

No.

Full name of driver and escort

ID Number (passport), license

license plates of vehicles

Volumes transported on each vehicle

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We shall fully implement the provisions of the transport license. When there are changes in the contents registered above, we shall promptly notify the agency. /.

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Leaders, agencies and organizations
(Signature and stamp)

Notes: (1): Name of organization registering for transport; (2) Name of licensing agencies; (3) Name of agency issuing VAT Invoice.

Form VC04 enclosed herewith Circular No. 04/2014/TT-BCA dated January 21, 2014

REGULATIONS ON TRANSPORT

When transporting industrial explosives, the escorts and the drivers of vehicles must comply with the following provisions:

1.  Conditions and safety equipment of the vehicle must be inspected carefully and fully prepared;

2. During the transport, the escorts and the driver must carry all their papers and the papers of goods and vehicles.  The transport vehicles of industrial explosives must be stuck the signs «M»; Ships, boats, barges ... in daytime must be hung a red flag with letter B at the mast or at the head of the vehicles, in nighttime it must be replaced by a red light;

3. Only the persons named in the transport license are entitled to go on transport vehicles of industrial explosives. Smoking and using fire on the vehicles shall be banned;

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5. Vehicles must carry properly the weight and type of industrial explosives stated in the license issued to every vehicle, must not carry industrial explosives together with combustible materials and other goods. Special cases must be agreed by police agencies and clearly stated in the license of industrial explosive transport;

6. The boxes of industrial explosives must not be ranked higher than the edge of the vehicles (regardless of not having enough weight stated in the license); must be tied, padded, tightened to ensure not to be tumbled, dashed during transport and must be covered with tarpaulin hood to avoid rain and sun;

7. When transporting explosives of group 1.1D, 1.5D, fuses, automoblies are allowed the speed as prescribed by the Law on Road traffic. When transporting the remaining types of industrial explosives, if the vision is good, the speed of the automobiles must not exceed 40km/h. When it is rainy or foggy, the speed shall be halved;

8. Except for emergency cases, it is forbidden to transport industrial explosives through the centers of urban areas, populated areas during rush hours; it is forbiden to stop vehicles in populated places or places near petrol stations;

9. The escort, the driver and the vehicle recorded in the license must not change or be changed arbitrarily or hire other people to replace them without the consent of licensing agencies; They must be responsible for protecting goods, must not loss or spill, cause accidents or destruction.

10. In cases where the vehicles have problems, cause accidents or fire or obstruct the traffic, the escorts and driver must immediately:

- Localize safety, give warnings to prevent the gathering, illegal intrusions and avoid danger to people in traffic.

- Evacuate all persons who are not responsible for handling the problems, accidents or fighting fire to safe places and eliminate the possibility of fire in the area of the incident.

- Notify to the local government at the place of the incidents for support in handling.

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THE MINISTRY OF PUBLIC SECURITY
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THE SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - Happiness
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No: ……/QLHC on society order

……….., date…….

LICENSE

INDUSTRIAL EXPLOSIVE TRANSPORTATION

Issued to agency: …………………………………………………………………….

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Hereby appoint Mr/Ms: ……………………………………………………………..

ID/Passport number: ............... .., dated..................................................

By......................................................................, to transport:

Type

Quantity

Issuing order (Invoice)

Agency granting the issuing order (Invoice)

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From:........................................................................................................................

Through:..................................................................................................................

To:..............................................................................................................................

Within:...........days, from…../……../………….. to……./………./…………

HEAD OF UNIT (Signature and stamp)

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Driver’s name

Number and Date of issuing the driving license

Number plates

Quantity of each type carried on each vehicle

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Total:..................... Driver(s)

                                    ………….. …………..escort(s)

                                     .................................vehicle(s)

THE RECORDING OF PUBLIC SECURITY UNITS

Date and time

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handling measures  

Signature and stamp

ACTUAL RECEIPT OF AGENCIES

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CERTIFICATION OF THE WAREHOUSE-KEEPER AT THE RECEIPT PLACE

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Delivery date:...............................................

Quantity of each type:..............................

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Receipt date:...............................................

Quantity of each type:..............................

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Signature (full name)

True certification of the head of the agency after the completion of the transport of explosives industries:

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..............., date....................Signature and stamp

Return place of the license:...............................................................

Return date:........................................................................................................

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Form VC05 enclosed herewith Circular No. 04/2014/TT-BCA dated January 21, 2014

The front:

The back:

- Only stick the sign «M» when having goods in the vehicles, remove the sign «M» and return it to the issuing agency when having no goods left.

- Only carry goods recorded in transport license.

- Do not carry people and other goods .

- Comply with strictly the Law on traffic.

- Have enough safety equipment and firefighting equipment (for vehicles).

Thông tư 04/2014/TT-BCA sửa đổi Thông tư 35/2010/TT-BCA quy định về cấp giấy phép vận chuyển vật liệu nổ công nghiệp và hàng nguy hiểm do Bộ trưởng Bộ Công an ban hành