DECREE

ON THE MANAGEMENT, PRODUCTION, SUPPLY AND USE OF INDUSTRIAL EXPLOSIVES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September 1992;
At the proposal of the Minister-Chairman of the State Planning Committee, and the Ministries concerned,

DECREES :

Article 1.- Industrial explosives are a special kind of technical material under unified management of the State, from production, supply and use to exportation and importation. Industrial explosives are a commodity of which the services and trading shall be undertaken on conditions as stipulated in Chapter III of Decree No.2-CP on the 5th of January 1995 of the Government.

Only those State-owned enterprises which are assigned by the Prime Minister at the proposal of the Ministry of Energy and the Ministry of Defense can produce and supply industrial explosives.

Article 2.- Those economic establishments which need the use of industrial explosives must make their own plan for use according to the unified form issued by the Ministry of Energy in order to sign economic contracts with those enterprises which supply industrial explosives.

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Article 3.- The Ministry of Energy which exercises the function of State management of industrial explosives must cooperate with the Ministry of the Interior and other Ministries and branches concerned to review all the stipulations made earlier, in order to amend and supplement them into a circular guiding the branches, localities and organizations in implementing this Decree.

The People's Committees of the provinces and cities directly under the Central Government shall have to direct the local specialized branches in inspecting and supervising the circulation and use of industrial explosives according to this Decree and the Circular of the Ministry of Energy guiding its implementation.

Article 4.- Those economic organizations and individuals that use industrial explosives are not allowed to re-sell them. Any activities in re-selling these materials shall be considered illegal, and the offender shall be subject to administrative sanctions or examined for penal liability according to the law in force, depending on the seriousness of the offence.

Article 5.- This Decree takes effect from the date of its promulgation. All stipulations made earlier which are contrary to this Decree are now annulled.

Article 6.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER




Phan Van Khai