Circular No. 07/2013/TT-BCT dated Hanoi, April 22, 2013 of the Ministry of Industry and Trade regulating on the registration of using toxic chemicals to produce products, goods in the industrial sector

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 07/2013/TT-BCT dated Hanoi, April 22, 2013 of the Ministry of Industry and Trade regulating on the registration of using toxic chemicals to produce products, goods in the industrial sector

Pursuant to the Chemical Law dated November 21, 2007;

Pursuant to the Decree No. 108/2008/ND-CP dated October 07, 2008 of the Government detailing and guiding a number of articles of the Chemical Law; the Decree No. 26/2011/ND-CP dated April 08, 2011 of the Government amending and supplementing a number of articles of the Decree No. No. 108/2008/ND-CP;

Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2011 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade regulates on the registration of using toxic chemicals to produce products, goods in the industrial sector.

Chapter 1

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. This Circular regulates the registration of using toxic chemicals to produce products, goods in the industrial sector (hereinafter referred as use registration) of organizations, individuals to produce products, goods in the industrial sector.

2. This Circular is not applied for chemicals available in products, goods produced before this Circular takes effect.

Article 2. Interpretation of terms

Using toxic chemicals is the process of using toxic chemicals in the industrial sector to produce a certain number of products, goods.

Article 3. List of toxic chemicals

Toxic chemicals that must be registered for use include chemicals regulated under Appendix 1 promulgated together with this Circular.

Article 4. Use of toxic chemicals

Organizations, individuals using the dangerous chemical to produce must comply with regulations on rights, obligations; on storage, preservation of toxic chemicals as stipulated under the Chemical Law.

Chapter II

REGISTRATION, REPORT AND EXAMINATION OF USING TOXIC CHEMICALS

Section 1

REGISTRATION

Article 5. Form of registering

Organizations, individuals using toxic chemicals must register for use in writing to the Department of Industry and Trade within 15 working days before starting the use. The sample of registration is regulated under Appendix 2 promulgated together with this Circular.

Article 6. Re-register

Organizations and individuals must re-register for using toxic chemicals with the Department of Industry and Trade within 15 working days after transferring the ownership, changing the operating place or after changing the purpose of using. The sample of registration is regulated under Appendix 2 promulgated together with this Circular.

Section 2

REPORT OF USING TOXIC CHEMICALS

Article 7. Report of organizations and individuals

Organizations and individuals using toxic chemicals must report the use of chemicals based on the contents registered at the Department of Industry and Trade periodically before June 10 for the six month report; before December 10 for the year report. The content of the report is regulated under Appendix 3 promulgated together with this Circular.

Article 8. Report of the Department of Industry and Trade

The Department of Industry and Trade must report the use of toxic chemicals in the area to the Ministry of Industry and Trade (Department of Chemicals) periodically before July 10 for the six month report; before January 10 for the year report. The content of the report is regulated under the Appendix 4 promulgated together with this Circular.

Article 9. Information security and use the confidential information in the report

1. Receiving agencies as stipulated under Article 7 and Article 8 of this Circular shall have the responsibility to secure and use the confidential information in the report of organizations and individuals in accordance with Article 50, Article 51 of the Chemical Law and Clause 1 Article 19 of the Decree No. 108/2008/ND-CP dated October 07, 2008 of the Government detailing and guiding a number of articles of the Chemical Law; Article 43 of the Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Ministry of Industry and Trade stipulating in detail some articles of the Chemical Law and the Decree No. 108/2008/ND-CP.

2. Important information on protecting the public health and environment is not regarded as confidential information according to Clause 2 Article 19 of the Decree No. 108/2008/ND-CP.

Section 3

EXAMINATION ON THE USE OF TOXIC CHEMICALS

Article 10. Cases of examination without notification

1. Organizations and individuals who don’t register for use of toxic chemicals as regulated under Article 5 of this Circular.

2. Organizations and individuals don’t re-register the use of toxic chemicals as stipulated under Article 6 of this Circular.

3. Organizations, individuals use toxic chemicals not in accordance with the registered purposes.

4. Organizations, individuals don’t report the use of toxic chemicals as stipulated under Point a Clause 2 Article 13 of this Circular after 20 days since the day receiving the request of the Department of Industry and Trade in writing.

5. State agencies have the competence to detect information and documents that bear the signs of violation of this Circular.

Article 11. Inspection agencies

1. The Department of Industry and Trade shall be responsible for examining the use registration and report  of using toxic chemicals of organizations, individuals under its management as stipulated under Article 10 of this Circular.

2. During its examination, inspection agencies must:

a) Have the examination decision signed by the head of inspection agency;

b) Ensure the transparency, publicity in the inspection process;

c) Be responsible for the inspection result and related conclusions;

Chapter III

IMPLEMENTATION PROVISIONS

Article 12. Responsibilities of competent agencies

1. Department of Chemicals

a) Cooperate with the Department of Industry and Trade to guide and disseminate the implementation of this Circular;

b) Summarize the registration of using toxic chemicals in the industrial sector of localities;

c) Coordinating with related agencies to consider and submit to the leaders of the Ministry the amendments and supplements of the list of toxic chemicals as stipulated under the Appendix 1 of this Circular to be suitable with the current situation and international regulations.

2. Department of Industry and Trade

a) Send the request in writing to organizations, individuals using toxic chemicals on implementing the report regime as regulated under Article 78 of this Circular; Summarize the registration of using toxic chemicals in the industrial sector of organizations, individuals under  its management;

b) Report to the Ministry of Industry and Trade (Department of Chemical): the registration situation of using toxic chemical  in the areas that it manages; Results of inspecting the use of toxic chemicals as stipulated under Article 10 of this Circular.

Article 13. Responsibility of organizations, individuals

Organizations, individuals using toxic chemical must take responsible on the registration, use purpose and comply with this Circular. Cases of violating the provisions of this Circular shall be fined according to the Law.

Article 14. Effect

1. This Circular shall take effect on January 01, 2014.

2. During the process of implementation, if it occurs any problems, organizations and individuals must promptly report to the Ministry of Industry and Trade for consideration, amendments and supplements./.

For the Minister

Deputy Minister

Le Duong Quang

* No appendices are attached herein.