Circular No. 02/2008/TT-BCT guiding the conditions and the grant of permits for trading in high-content ammonium nitrate

Issue nos06·07/February 2008 (Gong Bao nos 153·1541February 28, 2008) OFFICIAL GAZETTE 63 THE MINISTRIES THE MINISTRY OF INDUSTRY AND TRADE CIRCULAR No. 0212008/TT-BCT OF FEBRUARY 19, 2008, GUIDING THE CONDITIONS AND THE GRANT OF PERMITS FOR TRADING IN HIGH CONTENT AMMONIUM NITRATE Pursuant to the Govemmenrs Decree No. 189/ 2007/ND-CP ofDecember 27,2007, defining the functions, tasks, powers and organizational structure ofthe Ministry ofIndustry and Trade; Pursuant to the Government's Decree No. 59/ 2006/ND-CP of June 12, 2006, detailing the Commercial Law regarding goods and services banned from business, restricted from business or subject to conditional business; High-content ammonium nitrate is included in the list of goods and services restricted from business.TheMinistryoflndustryandTrade guides the conditions and the grant of'permitsfor trading in high-content ammonium nitrate as follows: I. SUBJECTS OFAPPLICATION AND SCOPE OF REGULATION 1. Subjects of application This Circular applies to all enterprises trading in goods with a high conremofammonium nitrate, the substance with the chemical fonnulaNH4N03 accounting for 98.5% or more in dry weight. 2. Scope of regulation Enterprises having high-content ammonium nitrate trading permits may sell these substances only to consumers which have certificates of registration for the use ofhigh-coment ammonium nitrate granted by a competent state agency. Only enterprises that have industrial explosive trading permits and high-content ammonium nitrate trading permits are allowed to sell high content ammonium nitrate to industrial explosive producing enterprises. II. TRADING CONDITIONS AND GRANT OF TRADING PERMITS L Conditions for high-content ammonium nitrate trading High-eontent ammonium nitrate trading must meet the following conditions: aJ Regarding goods quality: High-content anunoni urn nitrate must comply with the provisions on state management of product and goods quality of the Government's Decree No. 179/2004/ND-CP of October 21, 2004, and be allowed for trading by line-ministries. The inspection of quality of high-content ammonium nitrate complies with the Prime Minister's Decision No. 50/2006/QD~ITg of March 7, 2006, promulgating a list of products and goods subject to quality inspection. bl Regarding enterprises: Enterprises have been lawfully 8et up and granted a business registration certificate by a competent state agency and a registered tax identification number. cI Regarding the registration of goods use: Enterprises have been granted a certificate of registration for the use of hazardous chemicals subject to specific industria! safety requirements (high-content ammonium nitrate) by a relevant provincial/municipal Service as prescribed in the Regulation on management of safety ofmachines, equipment and hazardous chemicals subject to specific industrial safety requirements, promulgated © VIETNAM LAW & lEG~l FORUM 64 OFFICIAL GAZETTE Issue nos06-07lFebruary 2008 (Gong Biw nos 153·154lFebruary 28/2008) togetherwiththe Industry Ministry'sDecisionNo. 13612004/QD-BCN of November 19,2004. d/ Conditions on techniques, equipment, trading process and other criteria: Equipment, facilities and warehouses used for high-content ammonium nitrate trading must satisfy conditions on safety, fire and explosion prevention and fighting and environmental protection according to current regulations. Enterprises have worked out a high-content ammonium nitrate trading process for internal application. Enterprises haveatleastthree years'experience of high-cantentammoniumnitrate trading. Managers, technical workersand employees directlyeegaged in the saleand purchaseof goods as well <IS service employees have signed labor contracts of an indefinite term with enterprises' directors. 2. Dossiers of application for a high-content ammonium nitrate trading permit af For enterprises which possess an industrial explosive trading permit, a dossier of application for a high-content ammonium nitrate trading permit comprises: An application for a trading permit (made according-to a set form). A copy of the industrial explosive trading permir, granted by a competent state agency. b! For high-content ammonium nitrate producing enterprises, a dossier of application for a high-content ammonium nitrate trading permit comprises: An application for a trading permit (made according (0 a set form). A copy of the decision permitting the operation of the high-content anunonium nitrate plant, issued by a competent state agency. A copy of the certificate of quality of high content ammonium nitrate, granted by a competent agency to the plant. c! For enterprises other than those prescribed at Points a and b above, a dossier of application for a high-content ammonium nitrate trading pennitcomprises: An application for a trading permit (made according to a set fonn). A copy of the business registration certificate, granted by a competent state agency. A copy of the tax identification number registration. A copy of the certificate of registration for the use of hazardous chemicals subject to specific industrial safety requirements (high-content ammonium nitrate), granted by a relevant provincial/municipalService. Copies of labor contracts and a list of employees directly engaged in the sale and purchase of high-content ammonium nitrate, enclosed with copies of certificates of participation in training courses on the process and knowledge of high-content ammonium nitrate trading organized by the enterprise. The high-content ammonium nitrate trading process of the enterprise. Copies of contracts on the sale and purchase of high-content ammonium nitrate already performed during the last three years. For enterprises which use equipment, workshops and other construction works (such as warehouses, wharves) for high-content amrnoniumnitrate trading, a dossier of application for a high-content ammonium nitrate trading permit must also include copies ofcertificates of satisfaction of conditions on environmental protection, fire and explosion prevention and fighting of these equipment, workshops and © VIETNAM LAW& LEGAL FORUM Issue nos06-07lFebruary 2008 (GOng BaOfIDS !53-!54!February 28, 21!1!B) OFFICIAL GAZETTE 65 construction works, granted by competent state agencies. 3. Validity of trading permits A trading permit is valid for five years, for high-content ammonium nitrate-producing enterprises and enterprises possessing industrial explosive trading permits, or three years, for other enterprises. 4. Time limit for grant of a trading permit Within 15 working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall grant a high-content ammonium nitrate trading permit or issue a written reply stating the reason for refusal to grantapermit to the enterprise. 5. WIthdrawal, renewal andre-grant oftrading permits aJ The Ministry of Industry and Trade shall consider and withdraw trading perrrtrrs already granted toenterprises which violate the provisions of law, fail to conduct business activities within one year or do business in contravention of {heir pennits. b/lf an enterprise wishes to renew its permit due to a change in its name, address or organization, it shall send itsperrnit, enclosed with an application, its new regulatory documents and a dossier as prescribed in CJause 2, Section Il of this Circular. c1U{X.)n expiration of its permit,if an enterprise wishes to obtain a new permit, it shall send its permit, enclosed with an application, without having to re-compile the dossier prescribed in Clause 2, Section II, of this Circular. The validity and time limit for consideration and re-grant of permits comply with Clauses 3 and 4, Section Il, of this Circular. 6. Regulations on reporting Biannually and annually, enterprises shall make and send reports on high-content ammonium nitrate trading to relevant provincial! municipal Services and the Ministry of Industry and Trade according to current regulations. The deadlines for sending biannual and annual reports are July 13 and January 15, respectively. III. ORGANIZATION OF IMPLEMENTATION This Circular takes effect 15 days after its publication in "CONG BAO." All previous regulations issued by the Ministry of Industry whichare contrary to this Circular are annulled. Concernedorganizations and individuals are requested to report problems arising in the course of implementation to the Ministry of Industry and Trudefor consideration andsettlement. Minister ofIndustry anti Trade VUHUYHOANG © VIETNAM LAW& LEGALFORUM