Circular 17/2022/TT-BCT amending Circular 32/2017/TT-BCT detailing the Law on Chemicals

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 32/2017/TT-BCT dated December 28, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals and the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals

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Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals; the Government’s Decree No. 82/2022/ND-CP dated October 18, 2022, amending and supplementing a number of articles of the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals;

Pursuant to the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017, on goods labelling; the Government’s Decree No. 111/2021/ND-CP dated December 09, 2021, amending and supplementing a number of articles of the Government’s Decree No. 43/2017/ND-CP of April 14, 2017, on goods labelling;

At the proposal of the Director of Vietnam Chemicals Agency;

The Minister of Industry and Trade hereby promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 32/2017/TT-BCT dated December 28, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals and the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals.

Article 1. Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 32/2017/TT-BCT dated December 28, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals and the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals

1. To amend Point b Clause 1 Article 1 as follows:

“b) Types of forms include: form of a toxic chemical sale and purchase control card; forms of reports on chemical-related activities; forms used in the process of appraising and approving chemical incident prevention and response plans.”.

2. To add Article 3a after Article 3 as follows:

“Article 3a. Validity period of licenses for production of, or trading in industrial chemicals restricted from production and trading

1. The new license shall be valid for 5 years from the date of its grant. For chemicals being persistent organic pollutants (POPs), the license shall be valid for 5 years from the date of its grant or for the validity period for POP exemption registration as specified in the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022, detailing a number of articles of Law on Environmental Protection, depending on whichever comes first.

2. The validity period of a re-granted or adjusted license must equal the remaining period of the granted license.”.

3. To amend Clause 3 Article 4 as follows:

“3. Forms used in the process of appraising and approving chemical incident prevention and response plans shall be provided in Appendix No. 3, including:

a) Form No. 03a: Form of Decision on the establishment of the appraisal Council;

b) Form No. 03b: Form of appraisal council meeting minutes;

c) Form No. 03c: Form of comment and evaluation;

d) Form No. 03d: Form of the report for explanation and acceptance of appraisal comments;

dd) Form No. 03dd: The endorsement form on the cover page of the chemical incident prevention and response plan after it is approved.”.

4. To amend a number of clauses of Article 6 as follows:

a) To amend Clause 3 as follows:

“3. Chemical labelling shall comply with the provisions of the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017, on goods labelling; the Government’s Decree No. 111/2021/ND-CP dated December 09, 2021, amending and supplementing a number of articles of the Government’s Decree No. 43/2017/ND-CP on goods labelling and is guided in Appendix No. 08 to this Circular.”.

b) To amend Clause 5 as follows:

“5. Warning graphics in transport of hazardous chemicals must comply with Appendix III on the form of hazardous goods labels and symbols to the Government’s No. 42/2020/ND-CP dated April 08, 2020, on providing the List of hazardous goods and the transport of hazardous goods by road motor vehicles and the transport of hazardous goods on inland waterways.”.

5. To amend Clause 1 Article 7 as follows:

“1. Organizations and individuals producing and importing hazardous chemicals specified in Clause 1 Article 24 of the Decree No. 113/2017/ND-CP, amended and supplemented in Clause 13, Article 1 of the Decree No. 82/2022/ND-CP shall, before using or marketing these chemicals, make chemical safety data sheets including the information as guided in Appendix No. 9 of this Circular and take responsibility for the contents of the chemical safety data sheet.”.

6. To amend Clauses 1, 2 Article 9 as follows:

“1. The reporting regime applicable to organizations and individuals

a) Before February 15 every year, organizations and individuals engaged in industrial chemical-related activities shall make general reports on chemical-related activities in the previous year according to the Form No. 05a provided in Appendix No. 5 to this Circular and send them through the National Chemical Database (https://chemicaldata.gov.vn/cms.xc) to the Vietnam Chemicals Agency, provincial-level Departments of Industry and Trade of the locality where the head office and production and business locations are located;

b) Organizations and individuals engaged in industrial chemical-related activities shall make reports on incidents in chemical-related activities or termination of chemical-related activities and send them to the Vietnam Chemicals Agency, provincial-level Departments of Industry and Trade of the locality where the head office and production and business locations are located.

2. Before March 01 every year, provincial-level Departments of Industry and Trade shall make reports on the management of chemical-related activities of organizations and individuals in their provinces according to the Form No. 5b provided in Appendix No. 5 to this Circular and send them to the Vietnam Chemicals Agency through the National Chemical Database.”.

7. To amend Clause 1 Article 10 as follows:

“1. The Vietnam Chemicals Agency shall act as the focal point to manage chemical-related activities on behalf of the Ministry of Industry and Trade.

The Vietnam Chemicals Agency shall assume the prime responsibility for and coordinate with relevant agencies and units in performing the contents of chemical management within the scope of responsibility of the Ministry of Industry and Trade:

a) Formulating and submitting to competent authorities for promulgation of legal documents on managing chemicals; strategies, programs, schemes, plans, regimes, and policies on the development of the chemical industry; standards and technical regulations on chemicals;

b) Disseminating and guiding law regulations on chemical management;

c) Performing the tasks specified at Point a Clause 7 Article 16 of the Decree No. 113/2017/ND-CP as amended and supplemented at Point e Clause 8 Article 1 of the Decree No. 82/2022/ND-CP. In the cases of granting, re-granting, granting adjusted licenses, and revoke licenses for the production of, or trading in industrial chemicals restricted from production and trading, the Director of Vietnam Chemicals Agency shall sign documents under the authorization of the Minister of Industry and Trade;

d) Advising leaders of the Ministry of Industry and Trade in handling dossiers, organizing the appraisal of chemical incident prevention and response plans; submitting to the leader of the Ministry of Industry and Trade to establish an Appraisal Council; submitting to the leader of the Ministry of Industry and Trade for consideration and approval of the chemical incident prevention and response plan; authenticating on the cover page of the chemical incident prevention and response plan after it is approved;

dd) Checking the dossiers and sending feedback on the declaration of imported chemicals to the declarants according to Point b Clause 14 Article 1 of the Decree No. 82/2022/ND-CP;

e) Upgrading and updating the National Chemical Database;

g) Performing inspections, settling complaints, denunciation and handling violations of chemical-related activities within their power.”.

8. To amend a number of provisions in Appendix No. 8 of the Circular No. 32/2017/TT-BCT as follows:

a) To amend Item 6 as follows:

“6. Ingredients, ingredient quantities

a) Write chemical formulas, structural formulas of chemicals and ingredient quantities. For chemicals contained in pressure vessels, the loading capacity must be added;

b) For mixtures of substances, ingredients, ingredient quantities shall be written as follow: for the solid form, write the mass percent of each solid; for the liquid form, write the volume percent of each liquid; for the gaseous form, write the volume percentage of each gas; for the solid-liquid form, write the mass percent of each solid and liquid.”.

b) To amend Item 9 as follows:

“9. Names and addresses of organizations or individuals responsible for chemicals

The writing of names and addresses of organizations or individuals responsible for chemicals must comply with Article 12 of the Decree No. 43/2017/ND-CP, amended and supplemented in Clause 6 Article 1 of the Decree No. 111/2021/ND-CP.”.

c) To amend Item 10 as follows:

“10. Origin of chemicals

The writing of the origin of chemicals must comply with Article 15 of the Decree No. 43/2017/ND-CP, amended and supplemented in Clause 7 Article 1 of the Decree No. 111/2021/ND-CP.”.

Article 2. Annulling, replacing a number of provisions in the Circular No. 32/2017/TT-BCT

1. To annul a number of provisions in the Circular No. 32/2017/TT-BCT: Point a Clause 1 Article 1; Article 3; Clauses 1, 2 Article 4; Clause 1 Article 5; Clause 4 Article 6; Clauses 1, 2 Article 8; Point b Clause 5 Article 10; Point b Clause 3 Article 11; Appendices No. 1, 2, 6; Part 3 Appendix No. 7.

2. To replace Appendices 3, 5 of the Circular No. 32/2017/TT-BCT with Appendices No. 3, 5 to this Circular.

Article 3. Implementation provisions

1. This Decree takes effect on December 22, 2022. The reporting regime applicable to organizations and individuals and provincial-level Departments of Industry and Trade specified in Clause 6 Article 1 of this Circular takes effect on December 22, 2023.

2. Transitional provisions: Licenses for the production of, or trading in industrial chemicals restricted from production and trading granted before December 22, 2022, shall continue to be used until December 22, 2027, or the validity period for exemption registration specified in the Government’s Decree No. 08/2022/ND-CP dated January 10, 2022, detailing a number of articles of Law on Environmental Protection, depending on whichever comes first.

3. In case the legal documents, documents referred to in this Circular are amended, supplemented or replaced, the new documents prevail.

4. Any problems arising in the course of implementation of this Circular shall be promptly reported to the Ministry of Industry and Trade for study and settlement./.

For the Minister

The Deputy Minister

Nguyen Sinh Nhat Tan

* All Appendices are not translated herein.