| THE MINISTRY OF INDUSTRY AND TRADE | SOCIALIST REPUBLIC OF VIET NAM |
| No. 02/2008/TT-BCT | Hanoi, February 19, 2008 |
GUIDING THE CONDITIONS AND THE GRANT OF PERMITS FOR TRADING IN HIGH-CONTENT AMMONIUM NITRATE
Pursuant to the Governments Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Governments 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. The Ministry of Industry and Trade guides the conditions and the grant of permits for trading in high-content ammonium nitrate as follows:
I. SUBJECTS OF APPLICATION AND SCOPE OF REGULATION
1. Subjects of application
This Circular applies to all enterprises trading in goods with a high content of ammonium nitrate, the substance with the chemical formula NH4NO3 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 of high-content 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
1. Conditions for high-content ammonium nitrate trading
High-content ammonium nitrate trading must meet the following conditions:
a/ Regarding goods quality:
High-content ammonium nitrate must comply with the provisions on state management of product and goods quality of the Governments 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 Ministers Decision No. 50/2006/QD-TTg of March 7, 2006, promulgating a list of products and goods subject to quality inspection.
b/ Regarding enterprises:
Enterprises have been lawfully set up and granted a business registration certificate by a competent state agency and a registered tax identification number.
c/ Regarding the registration of goods use:
Enterprises have been granted a certificate of registration for the use of hazardous chemicals subject to specific industrial safety requirements (high-content ammonium nitrate) by a relevant provincial/municipal Service as prescribed in the Regulation on management of safety of machines, equipment and hazardous chemicals subject to specific industrial safety requirements, promulgated together with the Industry Ministrys Decision No. 136/2004/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 have at least three years experience of high-content ammonium nitrate trading.
- Managers, technical workers and employees directly engaged in the sale and purchase of goods as well as 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
a/ 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 permit, 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 to a set from).
- A copy of the decision permitting the operation of the high-content ammonium 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 permit comprises:
- An application for a trading permit (made according to a set form).
