Circular No. 20/2013/TT-BCT dated August 05, 2013 of the Ministry of Industry and Trade promulgating plans and measures for chemical incident prevention in industry

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 20/2013/TT-BCT dated August 05, 2013 of the Ministry of Industry and Trade promulgating plans and measures for chemical incident prevention in industry

Pursuant to the Chemical Law dated November 21, 2007 ;

Pursuant to the Decree No.108/2008/ND-CP dated October 07, 2008 detailing and guiding the implementation of a number of articles of the Chemical Law; the Decree No. 26/2011/ND-CP of April 8, 2011, amending and supplementing a number of articles of the Government s Decree No. 108/2008/ ND-CP of October 7, 2008, detailing and guiding a number of articles of the Chemical Law;

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

The Minister of Industry and Trade stipulates the plan and measures for prevention and response against chemical incidents in industry as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular stipulates the formulation, appraisal, approval and implementation of the chemical incident prevention and response plan (hereinafter abbreviated to the Plan); stipulated the formulation, confirmation and execution of the measures for prevention and response against chemical incidents (hereinafter abbreviated to measures) in industry.

Article 2. Subjects of application

This Circular applies to organizations and individuals producing, trading, storing and using dangerous chemicals in industry and other relevant agencies, organizations and individuals.

Article 3. Interpretation of terms

In this Circular, the following terms will be construed as follows:

The maximum storage volume of a chemical type means the maximum volume of that chemical stored at a time by facilities of production, business, storage or use.

Article 4. Dangerous chemical list requiring plan and measure for prevention and response against chemical incidents

List of dangerous chemicals must formulate plan and measure for prevention and response against chemical incidents includes lists prescribed in Annex IV and Annex VII of the Government’s Decree No. 26/2011/ND-CP dated April 08, 2011, amending and supplementing a number of Articles of the Government’s Decree No. 108/2008//ND-CP dated October 07, 2008, detailing and guiding implementation of a number of the Chemical Law.

Chapter 2.

PLAN FOR CHEMICAL INCIDENT PREVENTION AND RESPONSE

Article 5. Plan’s cases

1. Projects investing in production, storage and use of dangerous chemicals (hereinafter abbreviated to chemical projects) with the maximum chemical storage volume at a time more than or equal to the threshold prescribed in Annex IV of the Decree No. 26/2011/ND-CP must formulate Plan before the project officially operates.

2. The facilities of dangerous chemical production, trading, storage and use (hereinafter abbreviated to chemical facilities) with the maximum chemical storage volume at a time more than or equal to the threshold prescribed in Annex IV of the Decree No. 26/2011/ND-CP.

3. The chemical projects and chemical facilities that change the production capacity, storage volume, scale or change quantity, kinds of chemicals with the maximum chemical storage volume at a time more than or equal to the threshold prescribed in Annex IV of the Decree No. 26/2011/ND-CP.

4. The chemical projects and chemical facilities have dangerous chemicals under the list of chemicals that must formulate Plan and have chemicals under the list that must formulate Measures, must formulate Plan for all those chemicals and not required to formulate Measures.

Article 6. Plan’s contents

Method of expression, layout, content of Plan made according to form in Annex 1 enclosed with this Circular.

Article 7. Dossier for Plan’s appraisal and approval

1. Dossier for Plan’s appraisal and approval includes:

a) A request official dispatch of organization or individual: made according to form in Annex 2 enclosed with this Circular;

b) Plan including 12 (twelve) copies, in case if this quantity needs be more, organization or individual must supply additionally at the request of the appraisal agency.

c) Report on feasibility research, or the economic - technical Report on works construction, or plan on production and business includes 01 (one) copy certified by chemical facility or chemical project;

d) Other documents enclosed (if any).

2. Organization or individual may, directly or through post office, submit dossier requesting for Plan appraisal and approval at the Vietnam Chemicals Agency.

Article 8. Plan’s appraisal

1. Appraisal’s organization

The Plan appraisal is performed through the appraisal Council. The Ministry of Industry and Trade is agency competent to approve the Plan. The Vietnam Chemical Agency shall receive dossier, propose establishment of the appraisal Council and submit to leader of Ministry for consideration and decision. Form of Decision on establishment of the appraisal Council prescribed in Annex 3 enclosed with this Circular.

2. Appraisal’s time limit

a) Time limit of appraisal, approval of Plan as prescribed in Clause 3 Article 40 of the Chemical Law is 30 (thirty) days, after the receiving-dossier agency has received fully a valid dossier as prescribed in Clause 1 Article 7 of this Circular;

b) Time limit of Plan appraisal prescribed in point a this Clause excludes time for organization or individual to complete dossier as prescribed in point a Clause 3 of this Article and time for amending, supplementing Plan according to opinion of the appraisal Council.

3. Appraisal’s process

a) Within 05 (five) days, after receiving dossier, the Vietnam Chemical Agency must notify in writing to organization or individual about insufficient contents or documents and time limit for completing dossier if dossier is insufficient or invalid.

b) After receiving fully valid dossier, the Vietnam Chemical Agency shall propose for establishment of the appraisal Council and submit to leader of the Ministry for consideration and decision. The Vietnam Chemical Agency shall notify to members of the appraisal Council, organization or individual formulating Plan about time of appraisal;

c) Within 07 (seven) working days, after ending meeting of the appraisal Council, the Vietnam Chemical Agency shall notify organization or individual formulating Plan about the appraisal’s conclusions. Form of notification about the appraisal’s conclusions prescribed in Annex 4 enclosed with this Circular;

d) On the basis of notification about the appraisal’s conclusions, organization or individual shall implement one of following affairs: Rebuilding the Plan in case where the Plan fails to be approved and submit it to the Vietnam Chemical Agency for appraisal. Procedures for and time limit of appraisal shall perform like as the Plan appraisal at the first time; revising the Plan in case where the Plan is approved and provided that it must be revised and supplemented and submitted to the Vietnam Chemical Agency enclosed with written explanation for revised and supplemented contents under the notification about the appraisal’s conclusion;

e) Within 07 (seven) working days, after receiving the revised and supplemented Plan enclosed with a written explanation, the Vietnam Chemical Agency shall submit to leader of the Ministry for consideration and approval if the revised and supplemented Plan meets requirements of the appraisal Council or reply in writing in case of not yet approving and requiring for amendment or supplementation if the Plan not yet met requirement of the appraisal Council.

Article 9. Plan Appraisal Council’s organization and operation

1. Members of the appraisal Council include representatives of: The Ministry of Industry and Trade; the provincial Departments of Industry and Trade; state management agencies of fire fighting and prevention; the environmental state management agencies; the management board of economical zones, industrial zones, high technology parks, export and processing zones, industrial clusters (if any) in places performing projects or places where the organization or individual of production, trading, use conducts storage or use of chemicals, and experts.

2. The organizational structure of the appraisal Council: President of Council, Deputy President of Council, Reviewers and Members. Total members of the appraisal Council will be 07 (seven) persons minimally, and 09 (nine) persons maximally.

3. The appraisal Council shall conduct actual inspection, assessment, appraisal for the Plan and take responsibility for the appraisal conclusions.

4. The appraisal Council operates under the principle of collective and direct discussion among members in Council and between Council with organization or individual formulating Plan. Form of the meeting minutes of the appraisal Council prescribed in Annex 5 enclosed with this Circular.

The appraisal Council terminated operation and self-dissolves after the Plan is approved.

5. The appraisal Council only conducts meetings when there are participations of at least 2/3 (two-thirds) members of Council, in which the presences of President or Deputy President and at least 01 (one) reviewer are required. Only members participating in meetings of the appraisal Council are eligible for participating in voting to approve the Plan. Members of the appraisal Council who fail to participate in the appraisal meetings must send their written opinions to President of Council.

6. The president of appraisal Council concludes the Plan appraisal according to the following principles:

a) The Plan will be approved without revising, supplementing if all members of the Council participating in meeting agree for approval;

b) The Plan will be approved and provided that it must be revised, supplemented if at least 2/3 (two-thirds) members of Council participating the meeting agree approval or approval with conditions in which it must be revised, supplemented;

c) The Plan will not be approved if more than 1/3 (one-third) members of the Council participating in meeting disagree for approval.

Article 10. Plan’s approval

1. Organization or individual formulating the Plan send to the Vietnam Chemical Agency 07 (seven) copies of Plan approved and affix with an integrity seal between the pages prescribed in points a, b Clause 6 Article 9 of this Circular.

2. The Vietnam Chemical Agency shall submit to leader of Ministry for consideration and approval for the Plan. Form of Decision on approving the Plan prescribed in Annex 6 enclosed with this Circular;

3. On the basis of the approved Plan, the Ministry of Industry and Trade shall assign task for the Vietnam Chemical Agency to authenticated on the sub-cover page of the Plan and send Decision on approval enclosed with the Plan to organization or individual formulating the Plan, agency or unit where project is performed or the place where the chemical facility is situated, including: The provincial Departments of Industry and Trade; state management agencies of fire fighting and prevention at provincial level; the environmental state management agencies at provincial level; district People’s Committees, the management board of industrial zones, export and processing zones, economical zones (if any).

Article 11. Plan’s implementation

1. In the course of producing, trading, using and storing dangerous chemicals, organizations and individuals must ensure in accordance with requirements set out at the approved Plan.

2. The approved Plan must be archived at the chemical facility and considered as basis for organizations or individuals to control safety at the chemical facility.

3. Annually the chemical facilities must organize maneuvers to respond chemical incidents built in Plan with witness of representative of the Ministry of Industry and Trade, or provincial Departments of Industry and Trade.

4. If there are changes in the course of investment and operation that change contents approved in Plan, organizations and individuals must send report to the Vietnam Chemical Agency for research and submission to leader of Ministry for consideration and decision.

Chapter 3.

PREVENTION AND RESPONSE MEASURES FOR CHEMICAL INCIDENTS

Article 12. Cases requiring measures

1. Chemical projects with the maximum chemical storage volume at a time less than the limitation volume prescribed in Annex VII of the Decree No. 26/2011/ND-CP must formulate Measures before the project officially operates.

2. Chemical facilities with the maximum chemical storage volume at a time less than the limitation volume prescribed in Annex VII of the Decree No. 26/2011/ND-CP.

3. Chemicals that have yet not had the limitation volume prescribed in Annex VII of the Decree No. 26/2011/ND-CP must formulate Measures.

Article 13. Measure’s contents

Layout, content of measures prescribed in Annex 7 enclosed with this Circular.

Article 14. Measure’s certification agencies

The Departments of Industry and Trade of provinces and central-affiliated cities are agencies certifying the Measures for chemical projects and facilities in localities under their management.

Article 15. Measure’s certification dossiers

1. Dossier requesting for certifying the Measures includes documents specified in Clause 6 Article 1 of the Decree No. 26/2011/ND-CP, specified as follows:

a) A request official dispatch of organization or individual: made according to form in Annex 8 enclosed with this Circular;

b) Measures including 05 (five) copies, in case if this quantity needs be more, organization or individual must supply additionally at the request of the appraisal agency.

c) Report on feasibility research, or the economic - technical Report on works construction, or plan on production and business includes 01 (one) copy certified by chemical facility or chemical project;

d) Other documents enclosed (if any).

2. Organization or individual may, directly or through post office, submit dossier requesting for Measures appraisal at the provincial Department of Industry and Trade.

Article 16. Measure’s certification

1. Time limit of certifying the measures not more than 20 (twenty) working days, after organization or individual submit fully valid dossier as prescribed in Clause 1 Article 15 of this Circular.

2. Within 04 (four) days, after receiving dossier, the provincial Departments of Industry and Trade must notify in writing organization or individual about insufficient contents or documents and time limit for completing dossier if dossier is insufficient or invalid.

3. Time limit of certifying Measures prescribed in Clause 1 of this Article excludes time for organization or individual to complete dossier as prescribed in Clause 2 of this Article.

4. In case where dossier requesting for certifying the Measures is unsatisfactory, the provincial Departments of Industry and Trade shall notify in writing organizations and individuals, in which clearly stating contents need be revised or supplemented, and time limit for completion.

5. The provincial Departments of Industry and Trade shall organize actual inspection at chemical projects or facilities; consider, assess and certify the Measures; quantity of members of inspection team may be 03 (three) to 05 (five) persons. Form of the inspection minutes prescribed in Annex 9, form of document certifying the Measures prescribed in Annex 10 enclosed with this Circular.

Article 17. Measure’s implementation

1. In the course of producing, trading, using and storing dangerous chemicals, organizations and individuals must ensure in accordance with requirements set out at the certified Measures.

2. The certified Measures must be archived at the chemical facility and considered as basis for organizations or individuals to control safety at the chemical facility.

3. If there are changes in the course of investment and operation that change contents set out in the certified Measures, organizations and individuals must send report to the provincial Departments of Industry and Trade for consideration and decision.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 18. Implementation responsibilities

1. The Vietnam Chemical Agency shall assume the prime responsibility for, and coordinate with the provincial Departments of Industry and Trade in disseminating, guiding, monitoring and examining implementation of this Circular.

2. Organizations and individuals having chemical projects, chemical facilities shall abide by, comply with formulation of the Plan or the Measures for prevention and response against chemical incidents as prescribed in this Circular; ensure proper implementation of contents stated in the approved Plan or certified Measures; comply with regulation on reporting regime, and receive examination, inspection of competent agencies relating to implementation of Plan or Measures.

Article 19. Reporting regime

1. Chemical facilities make report on implementation of Plan and send it to the Ministry of Industry and Trade (the Vietnam Chemical Agency); send report on implementation of Measures to the provincial Departments of Industry and Trade before January 15, annually. Form of report on implementation of Plan or Measures prescribed in Annex 11 enclosed with this Circular.

2. The provincial Departments of Industry and Trade shall make general report on implementation of Measures in localities under their management and send it to the Ministry of Industry and Trade (the Vietnam Chemical Agency) before January 31, annually. Form of general report on implementation of Measures prescribed in Annex 12 enclosed with this Circular.

Article 20. Transitional provisions

1. The chemical projects that conducted investment, construction of works; the chemical facilities that are operating before the effective date of this Circular, must formulate Plan and send to the Ministry of Industry and Trade for appraisal before December 31, 2014.

2. The chemical projects that conducted investment, construction of works; the chemical facilities that are operating before the effective date of this Circular, must formulate Measures and send to the provincial Departments of Industry and Trade for certifying before December 31, 2014.

3. The chemical projects under group C that must formulate Plan as prescribed in Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Ministry of Industry and Trade, specifying a number of Article of the Chemical Law and the Government’s Decree No. 108/2008/ND-CP dated October 07, 2008, detailing and guiding implementation a number of Articles of the Chemical Law, and have been approved by the provincial Departments of Industry and Trade before the effective date of this Circular must do dossier requesting the Ministry of Industry and Trade for appraising and re-approving the Plan.

Article 21. Implementation effect

1. This Circular takes effect on October 15, 2013.

2. This Circular replaces: Chapter V on Measures and Plan for prevention and response against chemical incidents in industry; provisions on report on chemical safety status, implementation of Plan, Measures at Article 48 of the Circular No. 28/2010/TT-BCT.

3. In the course of implementation, any arising problems should be reported timely to the Ministry of Industry and Trade for suitable amendment and supplementation.

For the Minister of Industry and Trade

Deputy Minister

Le Duong Quang