Dossier to request re-issuance or adjustment of blasting service licenseis legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Is the application for re-issuance of a blasting service license the same as the application for a blasting service license?
1. How are the conditions, rights and obligations of organizations and businesses operating blasting services regulated?
Pursuant to Clause 2, Article 43 of the Law on Management and Use of Weapons, Explosives and Support Tools 2017, which stipulates the conditions, rights and obligations of organizations and enterprises operating blasting services, it is stipulated as follows:
– Established in accordance with the law, registered in the field of providing blasting services; For organizations and enterprises providing blasting services with a scope of operation throughout the territory of the Socialist Republic of Vietnam, they must be enterprises with 100% charter capital held by the State;
– Have full conditions for using, preserving and transporting industrial explosives according to the provisions of this Law; Facilities, techniques and personnel are sufficient to provide services to at least 5 organizations hiring services;
– Have rights and obligations according to the provisions of this Law and other relevant laws when using, preserving and transporting industrial explosives to perform blasting services.
2. What rights and obligations do organizations and individuals hiring blasting services have?
Pursuant to Clause 3, Article 43 of the Law on Management and Use of Weapons, Explosives and Support Tools 2017, organizations and individuals hiring blasting services have the following rights and obligations:
– No license is required for industrial explosive materials activities for which blasting services have been hired;
– Only one organization or enterprise operating blasting services may be hired to provide one type of blasting service at one location;
– Under the direction of the blasting service provider in specific activities when preserving, transporting, and using industrial explosives;
– Cooperate and create conditions to support blasting service providers on issues related to security and safety in industrial explosives activities.
3. What documents are included in the application for a blasting service license?
Pursuant to Clause 4, Article 43 of the Law on Management and Use of Weapons, Explosives and Support Tools 2017, the application file for a blasting service license includes:
– Written request for a blasting service license. Enterprises belonging to the Ministry of National Defense must have a written request from the Ministry of National Defense or the agency assigned by the Minister of National Defense to manage industrial explosives;
– Copy of establishment decision or copy of Business Registration Certificate. Enterprises with foreign investment capital must have a copy of the Investment Certificate;
– Copy of Certificate of satisfaction of security and order conditions;
– Written request for a blasting service license from the Provincial People’s Committee for local blasting services with a limited scope of operation within the mainland area of 01 province or centrally run city; Written request for a blasting service license from a competent management agency for blasting services on the continental shelf or blasting services with a scope of operation throughout the territory of the Socialist Republic of Vietnam;
– The blasting service project clearly states the objectives, scale, scope, planning suitability, demand for blasting services and the ability of the enterprise to respond; Necessary conditions and solutions to ensure security and safety in providing blasting services; copy of the License to use industrial explosives and typical blasting plans implemented in the past 02 years from the time of application for the Blasting Service License; papers and documents specified in Points g, h and i, Clause 1, Article 42 of this Law;
– For organizations and enterprises that already have a License to trade in industrial explosives, the dossier does not include papers and documents specified in Points b, c, d of this Clause and Point h, Clause 1, Article 42 of this Law;
– A letter of introduction accompanied by a copy of the Citizen Identification Card, Identity Card, Passport, People’s Police Identification Card or ID card issued by the People’s Army of the contact person.
Thus, the application file for a blasting service license includes the documents as prescribed above.
4. Documents for organizations and businesses to request re-issuance or adjustment of blasting service license?
Pursuant to Clause 5, Article 43 of the Law on Management and Use of Weapons, Explosives and Support Tools 2017, regulations for organizations and enterprises requesting to re-issue or adjust the Blasting Service License, the application dossier includes: written request for re-issuance and adjustment of the Blasting Service License; report on blasting service activities within the validity period of the previously issued License and papers and documents specified in Points b, c, d and dd, Clause 4 of this Article.
Thus, based on the above regulations, the application for re-issuance of a blasting service license includes:
– Document requesting re-issuance or adjustment of blasting service license; Report on blasting service activities within the validity period of the previously issued License;
– Copy of establishment decision or copy of Business Registration Certificate. Enterprises with foreign investment capital must have a copy of the Investment Certificate;
– Copy of Certificate of satisfaction of security and order conditions;
– Written request for a blasting service license from the Provincial People’s Committee for local blasting services with a limited scope of operation within the mainland area of 01 province or centrally run city; Written request for a blasting service license from a competent management agency for blasting services on the continental shelf or blasting services with a scope of operation throughout the territory of the Socialist Republic of Vietnam;
– The blasting service project clearly states the objectives, scale, scope, planning suitability, demand for blasting services and the ability of the enterprise to respond; Necessary conditions and solutions to ensure security and safety in providing blasting services; copy of the License to use industrial explosives and typical blasting plans implemented in the past 02 years from the time of application for the Blasting Service License; papers and documents specified in Points g, h and i, Clause 1, Article 42 of this Law.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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