Which form of enterprise is allowed to provide blasting services in Vietnam?

Which form of enterprise is allowed to provide blasting services in Vietnam?

Pursuant to Clause 2, Article 43 of the Law on Management and Use Of Weapons, Explosives and Combat Gears in 2017 (amended by Clause 3, Article 217 of the Law on Enterprises in 2020) stipulating conditions for, rights and responsibilities of a provider of blasting service as follows:

a) The provider is established in accordance with regulations of law and has its blasting services registered. If a provider operates in the whole territory of the Socialist Republic of Vietnam, it shall be a wholly state-owned enterprise;

b) The provider is eligible for using, maintaining and transporting explosives in accordance with regulations of this law. Its infrastructure, technique and personnel are enough to provide services to at least 05 organizations providing these services;

c) The provider will have rights and responsibilities prescribed in this Law and other relevant regulations of law if it uses, maintains and transports industrial explosives to provide blasting services.

As regulations above, only wholly state-owned enterprises is permissible to provide blasting services in Vietnam.

What are regulations on application for a license for blasting services in Vietnam?

Pursuant to Clause 4 of the same Article stipulating application for a license for blasting services in Vietnam as follows:

a) An application form for a license for blasting services. An enterprise affiliated to the Ministry of National Defense shall submit an application made by the Ministry of National Defense or the authority assigned to manage industrial explosives by the Minister of National Defense.

b) A copy of the decision on establishment or the ERC; A foreign-invested enterprise shall submit a copy of its investment certificate;

c) A copy of the certificate of eligibility for ensuring security and order;

d) An application form for blasting services made by the People’s Committee of the province in case of local blasting services within continental areas of a province or central-affiliated city; an application form for blasting services made by the competent authority in case of blasting services on the continental shelf or blasting services in the entire territory of the Socialist Republic of Vietnam;

dd) A plan for blasting services which specifies objectives, scale, scope, conformity with the planning , demands for blasting services and capacity for satisfaction of these demands; necessary conditions and measures for ensuring security and safety related to provision of blasting services; a copy of the license to use industrial explosives and the typical plan for detonating mines that has been carried out for 02 years prior to the day on which the application form for license for blasting services and the documents prescribed in Points g, h and i Clause 1 Article 42 of this Law;

e) If the applicant has obtained the license to trade in industrial explosives, the application shall exclude the documents prescribed in Points b, c and d of this Clause and Point h Clause 1 Article 42 of this Law;

g) A letter of introduction enclosed with a copy of the ID card, passport, police ID card or ID issued by the person submitting the application.

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