|
THE GOVERNMENT
--------
|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 56/2023/ND-CP
|
Hanoi, July 24,
2023
|
DECREE
AMENDMENTS
TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 96/2016/ND-CP DATED JULY 01,
2016 PROVIDING FOR SECURITY AND ORDER CONDITIONS FOR A NUMBER OF CONDITIONAL
BUSINESS LINES, DECREE NO. 99/2016/ND-CP DATED JULY 01, 2016 ON MANAGEMENT AND
USE OF SEALS AND DECREE NO. 137/2020/ND-CP DATED NOVEMBER 27, 2020 ON
MANAGEMENT AND USE OF PYROTECHNICS
Pursuant to the Law on Government Organization
dated June 19, 2015; Law dated November 22, 2019 on Amendments to some Articles
of the Law on Government Organization and Law on Local Government Organization;
Pursuant to the Law on Investment dated June 17,
2020;
Pursuant to the Law on Enterprises dated June
17, 2020;
Pursuant to the Law on People’s Public Security
Force dated November 20, 2018;
At the request of the Minister of Public
Security;
The Government hereby promulgates a Decree on
amendments to some Articles of the Government’s Decree No. 96/2016/ND-CP dated
July 01, 2016 providing for security and order conditions for a number of
conditional business lines, Decree No. 99/2016/ND-CP dated July 01, 2016 on
management and use of seals and Decree No. 137/2020/ND-CP dated November 27,
2020 on management and use of pyrotechnics.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1.
Article 9 is amended as follows:
“Article
9. Security and order conditions for pawnshop services
Apart
from conditions mentioned in Article 7 of this Decree, a pawnshop service provider
must satisfy the following conditions:
Within
05 years preceding the business registration date, the person in charge of
security and order of the pawnshop service provider has not faced any
administrative penalty for any of the following violations: resistance to law
enforcement officers, disturbance of public order, deliberate infliction
of injuries, usury, gambling, organization of gambling or gambling-dens, theft,
obtaining property by fraud or illegal impoundment of property.”
2.
Article 14 is amended as follows:
“Article
14. Certificate of satisfaction of security and order conditions
The
certificate of satisfaction of security and order conditions (Form No. 01 in
the Annex to this Decree) is a document issued by a competent police authority
to business establishments investing in the business lines mentioned in
Article 3 of this Decree. The certificate of satisfaction of security and order
conditions issued to a business establishment in the form of a physical or
electronic document being equally authentic, if the business establishment so
requests, issue physical document and electronic document at the same time as
the public service portal and the information system for handling
administrative procedures of the Ministry of Public Security are completed and
put into operation."
3.
Points a and b clause 3; point a clause 4 of Article 19 are amended as follows:
a)
Points a and b of clause 3 are amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) The
written record of the inspection of satisfaction of fire safety conditions made
by the competent authority responsible for fire safety management for
business establishments which are not prescribed in point a clause 3 of this
Article but included in Annex I to the Decree No. 136/2020/ND-CP.”
b) Point
a of clause 4 is amended as follows:
“a) The
curriculum vitae and the police record (except for officials on the payroll of
the armed forces) of the person in charge of security and order, who is the
holder of Certificate of satisfaction of security and order conditions, are
required if he/she is a Vietnamese citizen residing in Vietnam;
The curriculum
vitae of the person specified this point on the payroll of by the armed forces
must be certified by his/her supervisory authority (except for the business
establishment).”
4. Point d clause 1; clause 2 are amended and
points 5 and 6 are added to clause 4 of Article 23 as follows:
a) Point d of clause 1 is amended as follows:
“d) If a business establishment has established a
branch or affiliate that has any business location other than that of the main
business establishment and not managed by the police authority, submit one the
application to the competent police authority of the area where the branch or
affiliate’s business location exist so as for it to have the responsibility to
issue the certificate of satisfaction of security and order conditions and
directly manage it.”
b) Clause 2 is amended as follows:
“2. Method of application submission:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) In person at a competent police authority;
b) Using the public postal service;
c) Through the National Public Service Portal or
Public Service Portal of the Ministry of Public Security (except for the
documents not permitted to posted online as prescribed by law).”
c) Clauses 5 and 6 are added after clause 4 as follows:
“5. Procedures for following online administrative
procedures are specified in the Government’s Decree No. 45/2020/ND-CP dated
April 08, 2020.
6. Any business entity which submits an application
for issuance or replacement of the certificate of satisfaction of security and
order conditions as specified in Articles 19 and 20 and clause 1 Article 21 of
this Decree is not required to submit the documents specified in clauses 2, 3
and 4 Article 19; clause 4 of Article 20 and points b and c clause 1 of Article
21 as the regulatory body completes the online connection and sharing of
information about the said documents.
The Minister of Public Security shall announce
administrative procedures for issuance or replacement of the certificate of
satisfaction of security and order conditions as the regulatory body completes
the online connection and sharing of information.”
5. Point a clause 1 of Article 21 is amended as
follows:
“a) Issue the certificate of satisfaction of security
and order conditions and manage the following business establishments:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
6. Clauses 2 and 3 of Article 24 are amended as
follows:
“2. Police Offices for Administrative
Management of Social Order directly under Police authorities
of central-affiliated cities or provinces shall assume the
following responsibilities:
a) Issue the certificate of satisfaction of security
and order conditions and manage the following business establishments (except
for those specified in point a clause 1 of this Article), including traders in
pyrotechnics; industrial explosive transport service providers; explosive
precursor transport service providers; seal manufacturing establishments;
establishments engaging in business lines using industrial explosives;
establishments manufacturing, buying and selling military clothes and hats,
army badges and insignia of People’s Military Forces and People’s Public
Security Forces; betting service providers; printing service providers;
accommodation establishments featuring more than 20 rooms; traders in mobile
phone jammers; plastic surgery service providers; discotheque business
establishments; security service providers; traders in the following machinery
and equipment (including parts, components and equipment for manufacturing
thereof): radar speed guns; GSM phone trackers and other types of phone
trackers; breathanalyzers.
Business establishments affiliated to the Army and
for-profit administrative units of central and provincial agencies and
organizations under their management.
Other business establishments not specified in
point a clause 1 and clause 3 of this Article; business establishments upon the
authorization in writing by the Police Department for Administrative Management
of Social Order under Ministry of Public Security.
b) Preside over and issue the security guard
certificates to qualified security guards who have been trained at professional
improvement and training centers that are affiliated to police authorities of
provinces or central-affiliated cities.
3. Police authorities of districts affiliated to
provinces or central-affiliated cities shall issue certificates of
satisfaction of security and order conditions and manage the following business
establishments (except for those provided for in point a clause 1, point a
clause 2 and clause 4 of this Article), consisting of accommodation
establishments featuring 10 to 20 rooms; paintball shooting service providers;
karaoke business establishments; massage service providers; pawnshop service
providers; traders in warning devices of emergency vehicles; gas business
establishments; business establishments other than printing service providers;
for-profit administrative units that are affiliated to district-level agencies
or organizations and engage in business lines subject to security and order
conditions.”
7. Clause 4 is added after clause 3 of Article 24
as follows:
“4. Communal police authorities shall issue the
certificate of satisfaction of security and order conditions to the following
business establishments: accommodation establishments featuring fewer than 10
rooms, gas business establishments that are household businesses.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“b) Have a curriculum vitae (Form No. 02 in
the Appendix to this Decree).”
9. The phrase “Tổng cục Cảnh sát, Bộ Công an”
(“General Department of Police under the Ministry of Public Security”) in
clause 4 of Article 37 is replaced with the phrase “Cục Cảnh sát quản lý hành
chính về trật tự xã hội, Bộ Công an” (“Police Department for Administrative
Management of Social Order under the Ministry of Public Security”).
10. The Form No. 01, Form No. 02, Form No. 03 and
Form No. 04 promulgated together with the Decree No. 96/2016/ND-CP are replaced
with the Form No. 01, Form No. 02, Form No. 03 and Form No. 04, respectively
promulgated together with this Decree.
Article 2. Amendments to some
Articles of the Government’s Decree No. 99/2016/ND-CP dated July 01, 2016 on
management and use of seals (hereinafter referred to as “Decree No.
99/2016/ND-CP”)
1. Clause 12 of Article 3 is amended as follows:
“12. The certificate of seal sample
registration is the seal sample registration authority’s document which
certifies an agency, organization or title of the state has registered their
seal sample before use and is issued to such agency, organization or title of
the state in the form of a physical or electronic document being equally
authentic, if the agency, organization or title of the state so requests, issue
physical document and electronic document at the same time as the public
service portal and the information system for handling administrative
procedures of the Ministry of Public Security are completed and put into
operation.”
2. Clause 3 of Article 7 is amended as follows:
“3. The Government, Ministries, ministerial
agencies, Governmental agencies, General Departments or units equivalent to
General Departments.”
3. Clauses 1, 2 and 3 of Article 11 are amended as
follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) In person at the application receiving
department of the seal sample registration authority;
b) Using the public postal service;
c) Through the National Public Service Portal or
Public Service Portal of the Ministry of Public Security (except for the
documents not permitted to posted online as prescribed by law).
2. The application-processing official shall
inspect information and documents in the application and comply with the
following provisions:
a) If the application is valid, the
application-processing official shall provide a confirmation slip, clearly
stating the date of receipt and date of return of result, to the person who is
sent by the agency, organization or title of the state to submit the
application;
b) If the application is inadequate, the
application-processing official shall forthwith
notify and instruct the agency, organization or title of the state to complete
their application;
c) If the application fails to meet the conditions
set out in Article 5 of this Decree, the sample seal registration authority
shall give a written response stating its rejection of the application to the
agency, organization or title of the state within the time limit specified in
clause 7 of this Article.
3. The person who is sent by the agency,
organization or title of the state to submit the application as specified in
Article 13, Article 14 and clause 1 Article 16 of this Decree shall have a letter
of introduction or letter of authorization.”
4. Clause 8 is added after clause 7 of Article 11
as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Clauses 2 and 3 of Article 16 are amended as
follows:
“2. For an agency, organization or title of the
state applying for addition of an embossed seal, small-sized seal or wax seal:
an application form for seal addition made by the head of the agency, organization
or title of the state, clearly stating the reasons and person who is sent to
submit the application.
3. For a business organization applying for
addition of an embossed seal, small-sized seal or wax seal: an application form
for seal addition made by the head of the business organization, clearly
stating the reasons and person who is sent to submit the application.”
6. Several phrases specified in the Decree No.
99/2016/ND-CP are replaced and added as follows:
a) The phrase “Cục Cảnh sát quản lý hành chính về
trật tự xã hội, Tổng cục Cảnh sát, Bộ Công an” (“Police Department for
Administrative Management of Social Order, General Department of Police
under Ministry of Public Security”) in clause 1 of Article 12 is replaced
with the phrase “Cục Cảnh sát quản lý hành chính về trật tự xã hội, Bộ Công an”
(“Police Department for Administrative Management of Social Order under the
Ministry of Public Security”).
b) The phrase “và người được cử liên hệ nộp hồ sơ”
(“and the person who is sent to submit the application”) is added after the
phrase “trong đó nêu rõ lý do” (“clearly stating the reasons”) in clause 1,
point a clause 2, point a clause 3 Article 15 and Article 17.
7. Clause 8 of Article 24 is amended as follows:
“8. Any agency or organization which is fully
divided, partially divided, merged, consolidated, dissolved or shut down or
finishes its tasks or has its establishment and operation license, operation
registration certificate or operation license revoked or has its operation
suspended or terminated or has found its lost seal after it is invalidated as
prescribed in points b, c, d and dd clause 1 Article 18 of this Decree must
surrender their seal and certificate of seal sample registration to the
authority issuing it and enclose a document clearly stating the reason and the
person who is sent to make contact.”
8. The Form No. 01 promulgated together with the
Decree No. 99/2016/ND-CP are replaced with the Form No. 01 promulgated together
with this Decree.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Clause 4 of Article 10 is amended as follows:
“4. Procedures for issuing a license to export/import
fireworks, explosive pyrotechnic composition and firework accessories:
a) An application form, clearly specifying name and
address of the organization or enterprise affiliated to the Ministry of
National Defense; enterprise ID number; number and date of issue of the
certificate of satisfaction of security and order conditions; full name,
position, number of Citizen ID card, ID card or passport of the legal
representative; type and quantity of fireworks, explosive pyrotechnic
composition and firework accessories; means of transport, license plates;
checkpoint of export/import, shall be made using the form in the Appendix VI to
this Decree;
b) The document mentioned in point a of this clause
shall be submitted through the national public service portal or public service
portal of the Ministry of Public Security or by post to the Police Department
for Administrative Management of Social Order under the Ministry of Public
Security. If the organization or enterprise submits the application form directly
at the Police Department for Administrative Management of Social Order, the
application form shall also include full name and number of Citizen ID card, ID
card or passport of its in-charge person;
c) Within 03 working days from the date of
receiving the application form, the Police Department for Administrative
Management of Social Order under the Ministry of Public Security shall issue
the export/import license according to the form in the Appendix I to this
Decree; in case of rejection, give a written response clearly stating the
reason therefor;
d) The export/import license shall be valid for 60
days."
2. Clause 8 of Article 11 is amended as follows:
“8. Other cases decided by the Ministry of Culture,
Sports and Tourism after reaching a written agreement with the Ministry of
Public Security or Ministry of National Defense.”
3. Clauses 2 and 3 of Article 12 are amended as
follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Provinces and central-affiliated cities having
the need to fire fireworks according to clauses 7 and 8 Article 11 of this
Decree or seeking to alter firing range or firing duration of fireworks shall
request the Ministry of Culture, Sports and Tourism in writing 30 days before
the expected date of firing. The written request must specify quantity, firing
range, firing spots, time duration and location where fireworks are expected to
be fired.
Within 05 working days from the date on which the
written request is received, the Ministry of Public Security, Ministry of National
Defense shall give a written response to the Ministry of Culture, Sports and
Tourism for consolidation and decision.”
4. Clause 3 of Article 13 is amended as follows:
“3. Procedures for issuing a license to transport
fireworks and explosive pyrotechnic composition to an organization or
enterprise affiliated to the Ministry of National Defense permitted to
manufacture and supply fireworks and explosive pyrotechnic composition to serve
firing of fireworks according to Article 11 of this Decree are as follows:
a) An application, including an application form
clearly specifying name and address of the organization or enterprise in charge
of transport; full name, position and number of Citizen ID card, ID card or
passport of the person responsible for transport; type and quantity of
fireworks, explosive pyrotechnic composition and firework accessories; means of
transport, license plates; transport duration; full name and number of Citizen
ID card, ID card or passport of the person operating the means of transport; place of departure, place of
destination, transport route, shall be made using the form in the Appendix VIII
to this Decree; Copies of order forms of regulatory bodies or export/import
licenses of competent authorities are also required. In case of transporting
fireworks according to clauses 7 and 8 Article 11 of this Decree, the
application shall consist of the decision issued by the Ministry of Culture,
Sports and Tourism;
b) Documents specified under point a of this Clause
shall be compiled into single application and directly submitted to the General
Staff of the Vietnam People's Army;
c) Within 03 working days from the date of
receiving a sufficient application, the General Staff of the Vietnam People's Army
shall issue the transport license according to the form in the Appendix IV to
this Decree. In case of rejection, give a written response clearly stating the
reason therefor;
d) The transport license is only eligible for a
single transportation instance; return it to the issuing authority within 07
days from the date on which transport is complete.”
5. Clause 1 of Article 15 is amended as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
6. Clause 4 is added after clause 3 of Article 15
as follows:
“4. The document mentioned in clause 1 of this
Article shall be submitted through the national public service portal or public
service portal of the Ministry of Public Security or by post to the authority
issuing the license to export/import consumer fireworks and consumer firework
pyrotechnic composition as specified in clause 2 of this Article. If the
organization or enterprise submits the application form directly at the
authority issuing the license to export/import consumer fireworks and consumer
firework pyrotechnic composition, the application form shall also include full
name and number of Citizen ID card, ID card or passport of its in-charge
person.”
7. Article 16 is amended as follows:
“Article 16. Procedures for issuing licenses to
buy, licenses to transport consumer fireworks for business purposes
1. Procedures for issuance of a license to buy
consumer fireworks for business purposes:
a) An application form, clearly specifying name and
address of the organization or enterprise affiliated to the Ministry of
National Defense; enterprise ID number; number and date of issue of the
certificate of satisfaction of security and order conditions; full name,
position, number of Citizen ID card, ID card or passport of the legal
representative; type and quantity of consumer fireworks; name and address of
the organization or enterprise manufacturing and trading in consumer fireworks,
shall be made using the form in the Appendix VII to this Decree;
b) The document mentioned in point b of this clause
shall be submitted through the national public service portal or public service
portal of the Ministry of Public Security or by post to the authority issuing
the certificate of satisfaction of security and order conditions to the
consumer fireworks to the enterprise trading in consumer fireworks. If the
organization or enterprise submits the application form directly at the
authority issuing the certificate of satisfaction of security and order
conditions, the application form shall also include full name and number of
Citizen ID card, ID card or passport of its in-charge person;
c) Within 03 working days from the date of
receiving the application form, the authority issuing the certificate of
satisfaction of security and order conditions shall issue the license to buy
consumer fireworks according to the form in the Appendix III to this Decree; in
case of rejection, give a written response clearly stating the reason therefor;
d) The license to buy consumer fireworks shall be
valid for 30 days.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) An application form, clearly specifying name and
address of the organization or enterprise affiliated to the Ministry of
National Defense; full name, position and number of Citizen ID card, ID card or
passport of the person responsible for transport; type and quantity of consumer
fireworks; means of transport, license plates; full name and number of Citizen
ID card, ID card or passport of the person operating the means of transport;
transport duration; place of departure, place of destination, transport route,
shall be made using the form in the Appendix VIII to this Decree;
b) The document mentioned in point a of this clause
shall be submitted through the national public service portal or public service
portal of the Ministry of Public Security or by post to the authority issuing
the certificate of satisfaction of security and order conditions to the
organization or enterprise. If the organization or enterprise submits the application
form directly at the authority issuing the certificate of satisfaction of
security and order conditions, the application form shall also include full
name and number of Citizen ID card, ID card or passport of its in-charge
person;
c) Within 03 working days from the date of
receiving the application form, the authority issuing the certificate of
satisfaction of security and order conditions shall issue the license to
transport consumer fireworks according to the form in the Appendix IV to this
Decree; in case of rejection, give a written response clearly stating the
reason therefor;
d) The transport license is only eligible for a
single transportation instance; return it to the issuing authority within 07
days from the date on which transport is complete.”
8. Article 18 is amended as follows:
“Article 18. Technical safety training during
manufacturing, management, preservation and use of consumer fireworks,
fireworks and pyrotechnic composition
1. The following individuals must receive technical
safety training during manufacturing, management, preservation and use of
consumer fireworks, fireworks and pyrotechnic composition:
a) Managers;
b) Workers directly manufacturing fireworks and
explosive pyrotechnic composition;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Firing commanders of fireworks;
dd) Users of fireworks;
e) Individuals guarding and unloading at storage of
fireworks and explosive pyrotechnic composition; individuals escorting and
operating means of transport of fireworks and explosive pyrotechnic
composition.
2. The following individuals must receive technical
safety training during manufacturing and trading of consumer fireworks:
a) Managers;
b) Workers directly manufacturing consumer fireworks
and consumer firework pyrotechnic composition;
c) Individuals assigned to manage storage of
consumer fireworks and consumer firework pyrotechnic composition;
d) Individuals guarding and unloading at storage of
consumer fireworks and consumer firework pyrotechnic composition and at
consumer fireworks stores; individuals escorting and operating means of
transport of consumer fireworks and consumer firework pyrotechnic composition.
3. Training details
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Safety requirements when coming into contact
with consumer fireworks, fireworks and pyrotechnic composition; managerial and
technical measures for ensuring safety during manufacturing, management,
preservation and use of fireworks; destruction of consumer fireworks, fireworks
and pyrotechnic composition; danger signs and symbols of packages, containers
and means of transport; methods for arrangement and preservation of consumer
fireworks, fireworks and pyrotechnic composition; safety requirements during
unloading, preservation and transportation within storage and on means of
transport;
c) Identification of risks, danger factors and risk
assessment regarding security, safety, fire prevention and natural disasters
during manufacturing, management, preservation and use of consumer fireworks,
fireworks and pyrotechnic composition;
d) Organization of drills in response to incidents
occurring during manufacturing, management, preservation and use of consumer
fireworks, fireworks and pyrotechnic composition;
dd) Safety requirements when operating
manufacturing machinery and equipment and safety working measures;
e) Requirements for storage, devices and equipment
ensuring safety, fire prevention, lightning protection and static control of
storage;
g) Components, characteristics, classification and
quality of consumer fireworks, fireworks and pyrotechnic composition;
regulations on testing, inspection and measures to ensure quality of consumer
fireworks and fireworks; requirements for packaging and labeling consumer
fireworks, fireworks and pyrotechnic composition;
h) Procedures for dispatch, receipt and compilation
of inventory of consumer fireworks, fireworks and pyrotechnic composition;
i) Firing methods and measures to ensure safety
during firing of fireworks; impact of firing fireworks on constructions, the
environment and human beings; identification of separation distance when firing
fireworks; development of firing methods for fireworks.
4. Based on the individuals specified in clauses 1
and 2 of this Article, the agency, organization or enterprise competent to
provide training specified in clause 7 of this Article shall develop training
details and programs appropriate to each individual.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) An application for training, including an
application form clearly specifying name and address of the agency,
organization or enterprise affiliated to the Ministry of National Defense;
number of Citizen ID card, ID card or passport of the legal representative;
details, quantity of individuals participating in training, time and place of
training, shall be made using the form in the Appendix IX to this Decree. Make
list of individuals participating in training which specifies: full names, date
of birth, position, qualifications, number of Citizen ID card, ID card or
passport and 02 03x04 cm portrait photos in mandated uniforms (photos must be
taken within the last 06 months);
b) 01 set of application shall be submitted to the
General Department of Defense Industry under the Ministry of National Defense;
c) Within 03 working days from the date of
receiving the application, the competent authority shall inspect the
application and provide training as prescribed or grant written permission for
provision of training to the organization or enterprise.
6. Training shall be provided to the agency,
organization or enterprise prescribed in clause 6 of this Article as follows:
a) Develop a training plan, details and program and
issue a decision to offer training course and make a report to the General
Department of Defense Industry under the Ministry of National Defense;
b) Assign trainers who are qualified to provide
training;
c) Within 03 working days from the date on which
the General Department of Defense Industry under the Ministry of National
Defense issues the decision to offer training course to the individuals
specified in points a and d clause 1 and point a clause 2 of this Article,
notify the applicant in writing. For the individuals specified in points b, c,
dd and e clause 1 and points b, c and d clause 2 of this Article, within 03
working days from the end of the training course, the organization or
individual shall request the General Department of Defense Industry affiliated
to the Ministry of National Defense in writing to carry out inspection and
issue the certificate.
7. The General Department of Defense Industry under
the Ministry of National Defense shall preside over and cooperate with relevant
agencies in providing training, carrying out inspection and issue the
certificate of training in technical safety to the individuals specified in
points a and d clause 1 and point a clause 2 of this Article. Any organization
or enterprise which is permitted to research, manufacture, export, import or
provide fireworks, explosive pyrotechnic composition and organization or
enterprise which is permitted to manufacture and trade in consumer fireworks
shall provide training and make a report to the General Department of Defense
Industry which will carry out inspection and issue the certificate of training
in technical safety to the individuals specified in points b, c, dd and e
clause 1 and points b, c and d clause 2 of this Article.
8. The certificate of training in technical safety
shall be issued using the form specified in the Appendix V to this Decree and
valid for 4 years.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“Article 22. Responsibilities of Ministry of
Culture, Sports and Tourism
1. Supervise, inspect and submit a consolidated
report on firing of fireworks by local authorities to the Prime Minister to
provide ministries and local governments with directions for organizing firing
of fireworks.
2. Preside over and cooperate with the Ministry of
National Defense, Ministry of Public Security and People’s Committees of
provinces and central-affiliated cities in directing the firing of fireworks as
prescribed in clauses 7 and 8 Article 11 of this Decree.”
10. The Appendices I, II, III and IV to the Decree
No. 137/2020/ND-CP are replaced with the Appendices I, II, III and IV to this
Decree.
11. Appendices VI, VII, VIII and IX below are
added after the Appendix V to the Decree No. 137/2020/ND-CP:
a) Appendix VI - Application form for license to
export/import fireworks, explosive pyrotechnic composition, firework
accessories, consumer fireworks and consumer firework pyrotechnic composition;
b) Appendix VII - Application form for license to
buy consumer fireworks for business purposes;
c) Appendix VIII - Application form for license to
transport fireworks, explosive pyrotechnic composition and consumer fireworks;
d) Appendix IX – Application form for license to
provide training in technical safety during manufacturing, management,
preservation and use of consumer fireworks, fireworks and pyrotechnic
composition.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. This Decree comes into force from August 15,
2023.
2. Any certificate of satisfaction of security and
order conditions or security guard certificate issued before the effective date
of this Decree shall remain effective; in case of replacement or re-issuance
thereof after the effective date of this Decree, regulations of this Decree
shall be complied with.
3. Any application for issuance, replacement or
re-issuance of the certificate of satisfaction of security and order conditions
which has been received and is being considered to be processed under the
Decree No. 96/2016/ND-CP shall be processed under the Decree No. 96/2016/ND-CP
and the certificate of satisfaction of security and order conditions shall be
issued using the form specified in this Decree.
4. Any application for re-registration of seal
sample, application for addition of seal or application for replacement or
re-issuance of the certificate of seal sample registration which has been
received and is being considered to be processed under the Decree No.
99/2016/ND-CP shall be processed under the Decree No. 99/2016/ND-CP.
5. Any application for license to
export/import/transport fireworks, explosive pyrotechnic composition and
firework accessories; export/import/buy/transport consumer fireworks, consumer
firework pyrotechnic composition; application for training in technical safety
during manufacturing, management, preservation and use of consumer fireworks,
fireworks and pyrotechnic composition which has been received and is being
considered to be processed under the Decree No. 137/2020/ND-CP shall be
processed under Decree No. 137/2020/ND-CP and the license shall be issued using
the form prescribed in this Decree.
Article 5. Responsibility for
implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of People’s Committees of provinces and
central-affiliated cities shall implement this Decree and announce
administrative procedures as prescribed within their jurisdiction.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.