Decree No. 113/2017/ND-CP dated October 09, 2017 of the Government specifying and providing guidelines for implementation of a number articles of the Law on Chemicals

 DECREE

Detailing and guiding the implementation of a number of articles of the Law on Chemicals[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 21, 2007 Law on Chemicals;

Pursuant to the December 9, 2000 Law on Drug Prevention and Fight and the June 3, 2008 Law Amending and Supplementing a Number of Articles of the Law on Drug Prevention and Fight;

Pursuant to the November 26, 2014 Law on Investment and the November 22, 2016 Law Amending and Supplementing Article 6 and Appendix 4 on the List of sectors and trades subject to conditional business investment of the Law on Investment;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Law on Chemicals.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides the implementation of a number of articles of the Law on Chemicals regarding:

1. General requirements for safety assurance in chemical production and trading.

2. Industrial chemicals subject to conditional production and trading; and conditions, dossiers, order and procedures for grant of certificates of eligibility to produce or trade in industrial chemicals subject to conditional production and trading.

3. Conditions for production of and trading in industrial precursors; and dossiers, order and procedures for grant of licenses for import and export of industrial precursors.

4. Industrial chemicals restricted from production and trading; and conditions, dossiers, order and procedures for grant of licenses for production of or trading in industrial chemicals restricted from production and trading.

5. Banned chemicals and toxic chemicals.

6. Plans and measures for prevention of and response to chemical incidents.

7. Safety distances for establishments carrying out hazardous chemical-related activities.

8. Classification of chemicals, and material safety data sheets.

9. Declaration of chemicals and information on chemicals.

10. Training in chemical safety.

Article 2. Subjects of application

This Decree applies to organizations and individuals engaged in chemical-related activities and organizations and individuals involved in chemical-related activities in the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Chemical production means activities to create chemicals through chemical reactions or bio-chemical, chemico-physical or physical processes such as extracting, concentrating, diluting, mixing, etc.

2. Chemical trading covers trading, import and export of chemicals to supply chemicals in the market for profit-making purposes.

3. Chemical division and packaging means the use of equipment and tools for dividing bulk chemicals into packages or dividing chemicals from one package to other packages without changing the nature, composition, content or properties of chemicals.

4. GHS stands for the Globally Harmonized System of Classification and Labeling of Chemicals.

5. Industrial precursors means chemicals used as materials, solvents or catalysts in production, scientific research, analysis and testing, which are also indispensable chemicals in the preparation and production of narcotics on the Government-issued list. The list of industrial precursors is arranged by levels of hazard for appropriate management and control, including group-1 industrial precursors and group-2 industrial precursors:

a/ Group-1 industrial precursors include essential chemicals used in the preparation and production of narcotics;

b/ Group-2 industrial precursors include chemicals used as reactants or solvents in the preparation and production of narcotics.

Chapter II

CHEMICAL PRODUCTION AND TRADING

Section 1

GENERAL REQUIREMENTS FOR SAFETY ASSURANCE IN CHEMICAL PRODUCTION AND TRADING

Article 4. Requirements on workshops and storehouses

1. Workshops must satisfy the requirements prescribed in relevant national standards or technical regulations and suit the nature, scale and technology of chemical production and storage.

2. Workshops and storehouses must have emergency exits shown with signs and lights and convenient for exit, rescue and salvage in cases of emergency.

3. Air ventilation systems of workshops and storehouses must satisfy regulations and standards on air ventilation systems.

4. Lighting systems must comply with regulations to meet chemical production and storage requirements. Electric equipment in workshops and storehouses of flammable and explosive chemicals must satisfy standards on fire and explosion prevention and fighting.

5. Floors of workshops and storehouses must be resistant to chemicals, stand chemical load and be anti-slippery, and have water drains.

6. Workshops and storehouses must have easy-to-see boards showing internal rules on chemical safety and warning signs suitable to the level of hazard of chemicals. Signboards of hazardous properties of chemicals must show information on chemical identification codes; warning icons and words. If a chemical has different hazardous properties, warning symbols must indicate all of such properties. In production areas with hazardous chemicals, there must be easy-to-see boards with specific instructions on their safe use.

7. Workshops and storehouses must have lightning protection systems or shall be built in lightning protection zones which are periodically inspected under current regulations.

8. For open-air chemical storage tanks, there must be surrounding embankments or other technical measures to prevent chemicals from release into the environment upon occurrence of chemical incidents, as well as measures to prevent and fight fires and explosions and prevent lightning.

9. Workshops and storehouses must fully satisfy the conditions on fire and explosion prevention and fighting, environmental protection, and occupational safety and health under relevant laws.

Article 5. Requirements on technology, equipment, tools and packagings

1. Chemical production technologies shall be selected to ensure minimum chemical incidents and environmental pollution, and ensure fire and explosion prevention and fighting.

2. Technical equipment must satisfy general requirements on safety according to national standards or technical regulations, be suitable to types of chemicals and technological processes, and meet chemical production capacity and trading scale. Machinery, equipment and supplies subject to strict requirements on occupational safety and health and measuring and testing equipment shall be inspected, calibrated, adjusted and maintained under current regulations on machinery and equipment inspection.

3. Requirements on packagings

a/ Containers and packagings must be tight, firm and durable against the impacts of chemicals and weather and normal impacts upon loading, unloading and transportation. Used packagings shall be preserved separately. Chemical packaging establishments shall check packagings and containers and clean used packagings to prevent reactions and fire and explosion. Used containers and packagings that will not be reused shall be collected and disposed of in accordance with the law on environmental protection;

b/ Containers and packagings containing chemicals must have labels with full contents as required by regulations on chemical labeling. Chemical labels must be conspicuous and easy to read and durable against the impacts of chemicals and weather and normal impacts upon loading, unloading and transportation.

Article 6. Requirements on storage and transportation of chemicals

1. Hazardous chemicals shall be kept in separate areas and arranged by their properties. Chemicals likely to react with one another or subject to different requirements on chemical safety or fire and explosion prevention and fighting may not be kept in the same place.

2. Stored chemicals shall be preserved under current national standards or technical regulations, ensuring safety and convenience for response to chemical incidents.

3. The transportation of chemicals must comply with regulations on transportation of hazardous goods.

Article 7. Requirements on division and packaging of chemicals

1. Chemicals shall be divided and packaged at places satisfying the conditions on fire and explosion prevention and fighting, environmental protection and occupational safety and health under relevant laws.

2. Equipment for division and packaging of chemicals must satisfy general requirements on safety under current national standards and technical regulations. Machinery, equipment and supplies subject to strict requirements on safety and measuring and testing equipment shall be inspected, calibrated, adjusted and maintained under current regulations on inspection of machinery and equipment.

3. Packagings, containers and labels of chemicals used for divided or packaged chemicals must satisfy the requirements specified in Clause 3, Article 5 of this Decree.

4. Workers who personally divide and package chemicals shall be trained in chemical safety.

Section 2

PRODUCTION OF AND TRADING IN INDUSTRIAL CHEMICALS SUBJECT TO CONDITIONAL PRODUCTION AND TRADING

Article 8. Industrial chemicals subject to conditional production and trading

Industrial chemicals subject to conditional production and trading include:

1. Substances on the List of industrial chemicals subject to conditional production and trading provided in Appendix I to this Decree.

2. Mixtures of substances listed in Appendix I and mixtures of substances listed in   Appendix II other than those specified in Article 14 of this Decree, which are classified under Article 23 of this Decree and belong to at least one of the following categories:

a/ Physical hazards of categories 1, 2 and 3 or types A, B, C and D;

b/ Acute toxicity (through different routes of exposure) of categories 2 and 3;

c/ Serious eye damage and eye irritation of categories 1 and 2/2A;

d/ Skin corrosion and irritation of categories 1 and 2;

dd/ Carcinogenicity, germ cell mutagenicity and reproductive toxicity of category 2;

e/ Environmental hazard of category 1.

Article 9. Conditions for grant of certificates of eligibility for production of or trading in industrial chemicals subject to conditional production and trading

1. Conditions for chemical production

a/ Being a lawfully established enterprise, cooperative or business household engaged in chemical production;

b/ Physical-technical foundations must meet the production requirements specified in Article 12 of the Law on Chemicals; and Article 4; Clauses 1 and 2, Article 5; and Clauses 1 and 2, Article 6, of this Decree;

c/ The area of workshops and storehouses must satisfy the requirements prescribed in relevant national standards or technical regulations. The production area must be large enough for installation of production lines suitable to the designed capacity and production stages and satisfy technological requirements;

d/ The director or deputy director in charge of technical matters or technician in charge of chemical production must possess a university or higher degree in chemicals;

dd/ The persons defined in Article 32 of this Decree shall be trained in chemical safety.

2. Conditions for chemical trading

a/ Being a lawfully established enterprise, cooperative or business household engaged in chemical trading;

b/ Physical-technical foundations must meet the trading requirements specified in Article 12 of the Law on Chemicals; and Article 4; Clause 2, Article 5; and Clauses 1 and 2, Article 6, of this Decree;

c/ The location and area of storehouses must satisfy the requirements prescribed in relevant national standards or technical regulations;

d/ Having shops, trading places and display places satisfying the law-prescribed requirements on chemical safety and fire and explosion prevention and fighting;

dd/ Chemical containers and packagings must satisfy law-prescribed quality and environmental sanitation requirements; vehicles for chemical transportation must satisfy law-prescribed requirements;

e/ Having storehouses for chemicals or signing contracts to hire storehouses for chemicals or using storehouses of chemical buyers or sellers that satisfy the conditions on safe preservation of chemicals and fire and explosion prevention and fighting;

g/ The person in charge of chemical safety of a chemical trading establishment must possess an intermediate or higher degree in chemicals;

h/ The persons defined in Article 32 of this Decree shall be trained in chemical safety.

3. Organizations and individuals may produce or trade in industrial chemicals subject to conditional production and trading only after obtaining an eligibility certificate from a competent agency and shall fully maintain the conditions specified in Clauses 1 and 2 of this Article throughout the production or trading process. If no longer satisfying the prescribed conditions, organizations and individuals shall have their certificates revoked under Clause 2, Article 18 of the Law on Chemicals.

Article 10. Dossiers, order and procedures for grant of certificates of eligibility for production of and trading in industrial chemicals subject to conditional production and trading

1. Dossier of application for a chemical production eligibility certificate

a/ An application for a certificate of eligibility for production of industrial chemicals subject to conditional production and trading, made according to the form provided in Clause 7 of this Article;

b/ A copy of the enterprise registration certificate or cooperative registration certificate or business household registration certificate;

c/ A copy of the decision approving or written certification of the documents on environmental protection as prescribed by law, issued by a competent state management agency;

d/ A copy of the certificate of approval of the fire prevention and fighting design and a written approval of takeover test of the fire prevention and fighting system, issued by a competent agency, for each production establishment subject to approval of fire prevention and fighting design;

A written record of inspection of fire prevention and fighting or a competent agency’s document proving the satisfaction of fire prevention and fighting conditions for each production establishment not subject to approval of fire prevention and fighting design;

dd/ A general drawing of the grounds of workshops and storehouses, which must have information on locations of workshops and storehouses, storage places, area of and paths to workshops, production zones and storehouses of chemicals; a copy of the document proving the right to use land areas for construction of workshops and storehouses or of a contract on hiring of workshops and storehouses;

e/ A declaration of technical equipment and labor protective devices and safety equipment of the chemical production establishment;

g/ A copy of the university or higher diploma in chemicals of the director or deputy director in charge of technical matters or technician in charge of chemical production of the chemical production establishment;

h/ A copy of the chemical safety training dossier prescribed in Clause 4, Article 34 of this Decree;

i/ Material safety data sheets of hazardous chemicals of the production establishment as prescribed.

2. Dossier of application for a chemical trading eligibility certificate

a/ An application for a certificate of eligibility for trading of industrial chemicals subject to conditional production and trading, made according to the form provided in Clause 7 of this Article;

b/ A copy of the enterprise registration certificate or cooperative registration certificate or business household registration certificate;

c/ A declaration on each trading place;

d/ A copy of the decision approving or written certification of the documents on environmental protection as prescribed by law, issued by a competent state management agency;

dd/ A copy of the certificate of approval of the fire prevention and fighting design and a written approval of takeover test of the fire prevention and fighting system, issued by a competent agency, for each chemical storehouse subject to approval of fire prevention and fighting design;

A written record of inspection of fire prevention and fighting conditions or a competent agency’s document proving the satisfaction of fire prevention and fighting conditions for each chemical storehouse not subject to approval of fire prevention and fighting design;

e/ A general drawing of the ground of each trading place, which must have information on locations of storehouses, storage places, area of and paths to storehouses of chemicals; a copy of the document proving the right to use land areas for construction of storehouses or of a contract on hiring of storehouses in case of hiring storehouses or of a contact or an agreement on purchase and sale of chemicals in case of using storehouses of chemical buyers or sellers;

g/ A declaration of technical equipment and labor protective devices and safety equipment of the chemical trading establishment;

h/ A copy of the intermediate or higher degree diploma in chemicals of the person in charge of chemical safety;

i/ A copy of the chemical safety training dossier prescribed in Clause 4, Article 34 of this Decree;

k/ Material safety data sheets of hazardous chemicals of the chemical production establishment as prescribed.

3. Order and procedures for appraisal of dossiers and grant of eligibility certificates

a/ An organization or individual applying for an eligibility certificate shall make a dossier and send it by post, directly or via the online public service system to an agency competent to grant certificates defined in Clause 6 of this Article;

b/ If finding a dossier incomplete and invalid, within 3 working days after receiving it, the certificate-granting agency shall notify such to the applicant for supplementation of the dossier. The time for dossier supplementation shall not be included in the time limit for grant of a certificate specified at Point c of this Clause;

c/ Within 12 working days after receiving a complete and valid dossier prescribed in Clauses 1 and 2 of this Article, the certificate-granting agency shall appraise the dossier and grant an eligibility certificate to the applicant and send 1 copy thereof to the provincial-level Department of Industry and Trade of the locality where the applicant registers its/his/her head office. The form of certificate is provided in Appendix VI to this Decree. If refusing to grant a certificate, the agency competent to grant certificates shall issue a written reply stating the reason.

4. Dossier, order and procedures for re-grant of eligibility certificates

a/ If its eligibility certificate is lost or damaged or contains incorrect information or there is any change in information on its holder’s establishment registration, an organization or individual shall make a dossier for re-grant of a certificate and send it by post, directly or via the online public service system to the certificate-granting agency;

b/ A dossier for re-grant of a certificate must comprise a written request for re-grant of a certificate; the original of the old certificate if it contains incorrect information or there is any change in information on its holder; or the certificate’s identifiable remaining part if the certificate is damaged;

c/ Within 5 working days after receiving a complete and valid dossier, the certificate-granting agency shall appraise the dossier and re-grant an eligibility certificate to the requester and send 1 copy thereof to the provincial-level Department of Industry and Trade of the locality where the requester registers its/his/her head office. If refusing to re-grant a certificate, the agency competent to grant certificates shall issue a written reply stating the reason.

5. Dossier, order and procedures for modification of eligibility certificates

a/ In case of any change in the location of the chemical production or trading establishment; or type, scale or category of chemicals, a requester shall make a dossier for modification of a certificate and send it by post, directly or via the online public service system to the certificate-granting agency;

b/ A dossier for modification of a certificate must comprise a written request for modification of an eligibility certificate; the original of the old certificate; and papers and documents proving the requester’s satisfaction of chemical production or trading conditions relevant to the to-be-modified contents;

c/ The order and procedures for modification of a certificate are the same as those for grant of a certificate.

6. The provincial-level Department of Industry and Trade of the locality where the requester’s chemical production or trading establishment is located shall appraise the dossier and grant, re-grant or modify a certificate of eligibility for production of or trading in industrial chemicals subject to conditional production and trading to the requester; and inspect, examine and supervise the implementation of regulations on conditions for production of and trading in chemicals subject to conditional production and trading by organizations and individuals under its management.

7. The Ministry of Industry and Trade shall provide forms of dossier prescribed in this Article; make and implement plans on periodical or extraordinary inspections and examinations of the implementation of regulations on production of and trading in chemicals subject to conditional production and trading by organizations and individuals under its management.

8. Responsibilities of holders of eligibility certificates

a/ To maintain the conditions specified in Article 9 of this Decree throughout the process of carrying out chemical-related activities;

b/ To keep their eligibility certificates at chemical production or trading establishments as a basis for controlling safety at chemical establishments and for production to competent agencies upon request;

c/ To make reports specified in Clauses 1 and 2, Article 36 of this Decree.

Section 3

PRODUCTION OF AND TRADING IN INDUSTRIAL PRECURSORS

Article 11. Conditions for production of and trading in industrial precursors

1. Conditions for production of industrial precursors

To produce industrial precursors, organizations and individuals must satisfy the conditions specified in Clause 1, Article 9 of this Decree and, throughout the production process, must meet the requirements specified in Articles 4 thru 7 of this Decree and the following conditions:

a/ Making separate books for monitoring the production of industrial precursors. Such a book must indicate the volumes of precursors produced, stockpiled and sold, use purposes of precursors, and head office addresses, telephone and facsimile numbers of buyers of industrial precursors;

b/ Storing and preserving produced industrial precursors in separate places in storehouses or in separate storehouses.

2. Conditions for trading in industrial precursors

To trade in industrial precursors, organizations and individuals must satisfy the conditions specified in Clause 2, Article 9 of this Decree and, throughout the trading process, must meet the requirements specified in Articles 4 thru 7 of this Decree and the following conditions:

a/ Having adequate purchase and sale invoices and papers proving the origin, producers, importers or suppliers of industrial precursors;

b/ Making separate books for monitoring the trading in industrial precursors. Such a book must indicate full names, head office addresses, telephone and facsimile numbers of buyers of industrial precursors; names of industrial precursors, and volumes of precursors purchased, sold and stockpiled; and use purposes of precursors;

c/  Storing and preserving industrial precursors in separate places in storehouses or in separate storehouses.

3. Traders in industrial precursors shall take measures to manage and control industrial precursors and take responsibility before law for the loss of industrial precursors.

Article 12. Dossier, order and procedures for grant of licenses for import and export of industrial precursors

1. To import and export industrial precursors, organizations and individuals shall obtain licenses from a competent agency. A license for import and export of industrial precursors serves as a basis for customs clearance upon import and export of industrial precursors.

2. Dossier of application for a license for import and export of industrial precursors

a/ An application for a license for import and export of industrial precursors, made according to the form provided in Clause 9 of this Article;

b/ A copy of the paper proving the applicant’s establishment registration, for first-time application for a license;

c/ A copy of the contract or any of the following papers: purchase and sale agreement, purchase order, memorandum of understanding, or invoice indicating the names and quantity of industrial precursors;

d/ A report on import and export, purchase and sale, and use of industrial precursors under the last license, for group-1 industrial precursors.

3. Order and procedures for grant of a license

a/ An applicant for a license for import and export of industrial precursors shall make 1 set of dossier and send it by post, directly or via the online public service system to an agency competent to grant licenses defined in Clause 8 of this Article;

b/ If finding a dossier incomplete and invalid, within 3 working days after receiving it, the license-granting agency shall notify such to the applicant for supplementation of the dossier. The time for dossier supplementation shall not be included in the time limit for grant of a license prescribed at Point c of this Clause;

c/ Within 7 working days after receiving a complete and valid dossier, the license-granting agency shall appraise the dossier and grant a license for import and export of industrial precursors. The form of this license is provided in Appendix VI to this Decree. If refusing to grant a license, the agency competent to grant licenses shall issue a written reply stating the reason.

4. Validity period of a license for import and export of industrial precursors

a/ For group-1 industrial precursors, an import and export license shall be granted per import or export shipment and valid for 6 months from the date of its grant;

b/ For group-2 industrial precursors, an import and export license shall be valid for 6 months from the date of grant.

5. Dossier, order and procedures for re-grant of a license

a/ If its license is lost, contains incorrect information or damaged or there is any change in information on its holder’s establishment registration, an organization or individual shall make 1 set of dossier for re-grant of a license and send it by post, directly or via the online public service system to the licensing agency;

b/ A dossier for re-grant of a license must comprise a written request for re-grant of a license; the original of the old license if it contains incorrect information or has any change in the requester’s information, or the license’s identifiable remaining part if the license is damaged;

c/ Within 5 working days after receiving a complete and valid dossier, the licensing agency shall appraise the dossier and re-grant a license to the requester. If refusing to re-grant a license, the agency competent to grant licenses shall issue a written reply stating the reason;

d/ The validity period of a re-granted license is that of the old license.

6. Dossier, order and procedures for modification of licenses

a/ In case of any change in the contents of the contract, purchase and sale agreement, purchase order, memorandum of understanding or invoice, an organization or individual shall make 1 set of dossier for modification of its license and send it by post, directly or via the online public service system to the licensing agency;

b/ A dossier for modification of a license must comprise a written request for modification of a license for import and export of industrial precursors; and papers and documents proving the to-be-modified contents;

c/ The procedures for modification of a license and validity period of a license are the same as those for grant of a license.

7. Dossier and procedures for extension of a license

a/ A license shall be extended in case import and export has not yet been carried out yet or completely carried out upon the expiration of the validity period stated in the import and export license prescribed in Clause 4 of this Article;

b/ At least 5 working days before a license expires, an organization or individual that wishes to have its/his/her license extended shall make 1 set of dossier for extension of license and send it by post, directly or via the online public service system to the licensing agency;

c/ A dossier for extension of a license for import and export of industrial precursors must comprise a written request for extension and a copy of the old license;

d/ Within 5 working days after receiving a complete and valid dossier, the licensing agency shall appraise the dossier and extend the license; if refusing to extend the license, it shall issue a written reply stating the reason;

dd/ An extended import and export license shall be valid for not more than 6 months from the date of extension.

8. The Ministry of Industry and Trade shall assign a specialized unit to receive dossiers for grant, re-grant, modification and extension of licenses for import and export of industrial precursors. When the Vietnam National Single Window system is connected, such dossiers shall be received through this system.

9. The Ministry of Industry and Trade shall provide forms of documents referred to in this Article.

Article 13. Exemption from and revocation of licenses for import and export of industrial precursors

1. Cases eligible for exemption from import and export licenses

a/ Goods containing group-1 industrial precursors making up less than 1% of the goods’ volume;

b/ Goods containing group-2 industrial precursors making up less than 5% of the goods’ volume.

2. Cases subject to revocation of import and export licenses

a/ The license holder arbitrarily tampers with the license;

b/ The license holder uses forged papers or provides untruthful information in the dossier of application for the license;

c/ The license holder terminates operation.

3. The licensing agency defined in Clause 8, Article 12 of this Decree shall revoke licenses for import and export of industrial precursors. Organizations and individuals that have their licenses revoked shall return such licenses to the licensing agency within 7 working days from the date of issuance of the revocation decision.

Section 4

PRODUCTION OF AND TRADING IN INDUSTRIAL CHEMICALS RESTRICTED FROM PRODUCTION AND TRADING

Article 14. Industrial chemicals restricted from production and trading

Industrial chemicals restricted from production and trading include:

1. Chemicals on the list of industrial chemicals restricted from production and trading provided in Appendix II to this Decree.

2. Mixtures of chemicals specified in Appendix II to this Decree classified according to Article 23 of this Decree and belonging to at least one of the following groups:

a/ Category-1 acute toxicity (through different routes of exposure);

b/ Category-1A and category-1B carcinogenicity;

c/ Category-1A and category-1B reproductive toxicity;

d/ Category-1A and category-1B germ cell mutagenicity.

Article 15. Conditions for grant of licenses for production of or trading in industrial chemicals restricted from production and trading

1. The conditions for grant of licenses for production of industrial chemicals restricted from production and trading are provided in Clause 1, Article 9 of this Decree.

2. The conditions for grant of licenses for trading in industrial chemicals restricted from production and trading are provided in Clause 2, Article 9 of this Decree.

3. Industrial chemicals restricted from production and trading shall be stored and preserved in separate areas in storehouses or in separate storehouses.

4. Organizations and individuals may produce or trade in industrial chemicals restricted from production and trading only after having the licenses granted by competent agencies and must satisfy the conditions referred to in Clause 1, 2 or 3 of this Article throughout the production or trading process. Those failing to satisfy the prescribed conditions shall have their licenses revoked in accordance with Clause 2, Article 18 of the Law on Chemicals.

Article 16. Dossiers, order and procedures for grant of licenses for production of or trading in industrial chemicals restricted from production and trading

1. Dossier of application for a chemical production license

a/ An application for a license for production of industrial chemicals restricted from production and trading, made according to the form referred to in Clause 7 of this Article;

b/ The papers specified at Points b thru i, Clause 1, Article 10 of this Decree;

c/ A written description of the technological process of producing industrial chemicals restricted from production and trading.

2. Dossier of application for a chemical trading license

a/ An application for a license for trading in industrial chemicals restricted from production and trading, made according to Clause 7 of this Article;

b/ The papers specified at Points b thru k, Clause 2, Article 10 of this Decree;

c/ A written explanation on the plan on trading in industrial chemicals restricted from production and trading, made by the applicant.

3. Order and procedures for appraisal of dossiers and grant of licenses

a/ The applicant for a chemical production or trading license shall make 1 set of dossier and send it by post, directly or via the online public service system to the licensing agency;

b/ If finding a dossier incomplete and invalid, within 3 days after receiving it, the licensing agency shall notify such to the applicant for supplementation of the dossier. The time for dossier supplementation shall not be included in the licensing time limit specified at Point c of this Clause;

c/ Within 16 working days after receiving a complete and valid dossier as required in Clause 1 or 2 of this Article, the licensing agency shall check and appraise the dossier, conduct field inspections and grant a license to the applicant, made according to the form provided in Appendix VI to this Decree. If refusing to grant a license, the licensing agency shall issue a written reply clearly stating the reason.

4. Dossier and procedures for re-grant of licenses

a/ In case its/his/her license is lost or damaged or contains incorrect information or there is any change in its/his/her information, an organization or individual shall compile 1 set of dossier for re-grant of the license and send it by post, directly or via the online public service system to the licensing agency;

b/ A dossier for re-grant of a license must comprise a written request for re-grant of a license, made according to the form referred to in Clause 7 of this Article; the original license if it contains incorrect information or there is a change in the information about the requester’s establishment registration; the identifiable remaining part of the license if it is damaged;

c/ Within 5 working days after receiving a valid dossier, the licensing agency shall check the dossier and re-grant the license to the requester. If refusing to re-grant the license, the licensing agency shall issue a written reply clearly stating the reason.

5. Dossier and procedures for modification of licenses

a/ In case of any change in the location of the chemical production or trading place; production or trading form or scale or types of chemicals to be produced or traded, an organization or individual shall compile 1 set of dossier for modification of its/his/her license and send it by post, directly or via the online public service system to the licensing agency;

b/ A dossier for modification of a license must comprise a written request for license modification, made according to the form referred to in Clause 7 of this Article; the original license; papers and documents proving the requester’s satisfaction of the production or trading conditions with regard to the contents to be modified;

c/ The procedures for modification of a license are the same as those for grant of a license.

6. Responsibilities of an organization or individual that possesses a license for production of or trading in industrial chemicals restricted from production and trading

a/ To satisfy the conditions specified in Article 15 of this Decree in the course of carrying out chemical-related activities;

b/ To keep the license at the chemical establishment for controlling safety at the chemical establishment, and produce it to competent agencies upon request;

c/ To make reports under Clause 2, Article 36 of this Decree.

7. Responsibilities of state management agencies

a/ The Ministry of Industry and Trade shall organize the appraisal of dossiers and grant, re-grant and modification of licenses for production of or trading in industrial chemicals restricted from production and trading; issue the forms of the documents referred to in this Article; plan and carry out periodical or extraordinary inspections and examinations of the production of and trading in industrial chemicals restricted from production and trading;

b/ Provincial-level Departments of Industry and Trade shall carry out inspections, examinations and supervisions of the compliance of regulations concerning the process of activities related to chemicals restricted from production or trading by organizations and individuals in their localities and report examination results to the Ministry of Industry and Trade. For organizations and individuals that no longer satisfy the conditions specified in Article 15 of this Decree, provincial-level Departments of Industry and Trade shall report them to the Ministry of Industry and Trade for consideration and handling.

Article 17. Control of industrial chemicals restricted from production and trading

1. All added-value invoices and sale invoices related to the purchase and sale of industrial chemicals restricted from production and trading must clearly indicate complete names of chemicals as stated in the list provided in Appendix II to this Decree.

2. Traders in industrial chemicals restricted from production and trading may sell chemicals to organizations and individuals that satisfy the following conditions:

a/ The conditions for trading in industrial chemicals restricted from production and trading specified in Article 15 of this Decree, for those buying chemicals for trading;

b/ The conditions specified in Chapter V of the Law on Chemicals, for those buying chemicals for use.

Section 5

BANNED CHEMICALS, TOXIC CHEMICALS

Article 18. Banned chemicals

1. The list of banned chemicals is provided in Appendix III to this Decree.

2. In special cases for the purposes of scientific research, assurance of national defense and security and epidemic prevention and control, the production, import and use of banned chemicals must comply with Article 19 of the Law on Chemicals and the Government’s regulations.

Article 19. Toxic chemicals

1. Toxic chemicals are those specified in Clause 5, Article 4 of the Law on Chemicals.

2. Purchase and sale of toxic chemicals require toxic chemical purchase and sale control cards as prescribed in Article 23 of the Law on Chemicals.

Chapter III

CHEMICAL INCIDENT PREVENTION OF AND RESPONSE PLANS AND MEASURES AND SAFETY DISTANCE

Article 20. Chemical incident prevention and response plans

1. The list of hazardous chemicals requiring a chemical incident prevention and response plan is provided in Appendix IV to this Decree.

2. Owners of investment projects on production, trading, storage and use of chemicals including at least 1 chemical specified in Appendix IV to this Decree with the maximum storage volume at a point of time larger than or equal to the volume limit specified in this Appendix shall make chemical incident prevention and response plans for every hazardous chemical of their projects and submit them to related line ministries for appraisal and approval before putting the projects into operation.

3. A chemical incident prevention and response plan must have basic contents prescribed in Article 39 of the Law on Chemicals.

4. Dossier of request for appraisal of a chemical incident prevention and response plan

a/ A written request made according to the form referred to in Clause 9 of this Article;

b/ Nine copies of the plan.

5. The time limit for appraisal and approval of a plan is 22 working days from the date the dossier-receiving agency receives a complete and valid dossier, excluding the time for dossier supplementation prescribed at Points b and dd, Clause 6 of this Article.

6. Procedures for appraisal and approval of a chemical incident prevention and response plan

a/ The requester for appraisal of a plan shall make 1 set of dossier and send it by post, directly or via the online public service system to the appraisal agency;

b/ If finding a dossier incomplete and invalid, within 3 working days after receiving the dossier, the appraisal agency shall notify such to the requester for supplementation of the dossier;

c/ After receiving a complete and valid dossier, the appraisal agency shall organize appraisal of the plan. Appraisal of the plan shall be carried out by the appraisal council referred to in Clause 7 of this Article;

d/ If the plan is rejected, the requester shall re-make the plan. The dossier and procedures for appraisal of this plan are the same as those for first-time appraisal;

dd/ In case the plan is approved or approved on condition that it is to be revised, the requester must comply with the requirements stated in the appraisal record and send a written explanation, 1 soft copy and 7 hard copies of the plan revised at the request of the appraisal council to the appraisal agency;

e/ After receiving the report from the requester, the appraisal agency shall consider and approve the plan; if refusing to approve the plan, it shall issue a written reply clearly stating the reason. The form of the plan approval decision is provided in Appendix VI to this Decree;

g/ On the basis of the approved plan, the appraisal agency shall give certification on the page following the front cover page of the plan and send the plan approval decision and the plan to the requester and related agencies and units in the locality where the project is implemented, including the provincial-level line agency; provincial-level state management agency in charge of fire prevention and fighting; provincial-level state management agency in charge of environment; district-level People’s Committee; and the management unit of the industrial park, export-processing zone or economic zone if the project is located therein.

7. Organization and operation of the council for appraisal of a chemical incident prevention and response plan

a/ The appraisal council shall be formed by the agency competent to approve the plan. The appraisal council shall be composed of representatives of the appraisal agency and state management agencies of the locality where the project is implemented, including the line agency; state management agency in charge of fire prevention and fighting; and state management agency in charge of environment. Such council may have experts in relevant fields;

b/ The organizational structure of the appraisal council must consist of the president, a vice president, a critic, a secretary and members. The number of members of the council must be 7 at least and 9 at most;

c/ The appraisal council shall conduct field inspection of the implementation of  regulations on chemical safety, assess and appraise the plan and take responsibility for appraisal results;

d/ The appraisal council shall work on the principle of collective discussion among the members and make appraisal records according to a set form. A plan shall be appraised by means of appraisal cards. The appraisal council shall cease operation and disband after the plan is approved;

dd/ The appraisal council shall only proceed with a meeting with the participation of at least 2/3 of its members, including the president or vice president and at least a critic. Only the council’s members attending the meeting may cast their appraisal cards for the plan;

e/ The president or the vice president in case of absence of the president shall make an appraisal conclusion for a plan on the following principles: The plan is approved without revision if at least 2/3 of the council’s members attending the meeting approve the plan and the remaining members all approve the plan on condition that the plan is to be revised; the plan is disapproved if over 1/3 of the council’s members attending the meeting disapprove the plan; in other cases, the plan is approved on condition that it is to be revised.

8. Responsibilities of an organization or individual having its/his/her chemical incident prevention and response plan approved

a/ To comply with the requirements set out in the approved plan in the course of carrying out chemical-related activities;

b/ To keep the plan at the chemical establishments for controlling safety at the establishment, and produce it to competent agencies upon request;

c/ To annually organize chemical incident response drills developed in the plan in the presence of representatives of central or local line management agencies;

d/ To send a report on any change in the investment process and activities related to the contents of the plan to the appraisal agency for consideration and decision. If the plan is required to be re-made, the dossier and procedures for appraisal and approval of the plan are the same as those for first-time appraisal.

9. Responsibilities of line ministries

a/ To assume the prime responsibility for, and coordinate with related state management agencies in, organizing the appraisal and approval of chemical incident prevention and response plans;

b/ To provide guidelines on the layout, structure and contents of plans on prevention of and response to chemical incidents under their management;

c/ To draw up periodical or extraordinary inspection or examination plans and carry out such inspections and examinations of the implementation of regulations on chemical incident prevention and response plans by organizations and individuals under their management;

d/ To issue the forms of documents referred to in this Article.

10. Responsibilities of provincial-level line agencies

To carry out inspections, examinations and supervisions of the implementation of regulations on chemical incident prevention and response plans by organizations and individuals under their management.

Article 21. Chemical incident prevention and response measures

1. Subjects required to prepare chemical incident prevention and response measures

a/ Owners of investment projects on chemicals production, trading, storage or use, except the cases specified in Clause 2, Article 20 of this Decree, shall  prepare chemical incident prevention and response measures before the projects come into operation;

b/ Project owners shall make decisions on chemical incident prevention and response measures and produce them to competent agencies upon request.

2. Chemical incident prevention and response measures must have basic contents prescribed in Clause 3, Article 36 of the Law on Chemicals.

3. Responsibilities of organizations and individuals to implement chemical incident prevention and response measures

a/ In the course of chemical production, trading, use or storage, to comply with contents stated in the prepared measures;

b/ Chemical incident prevention and response measures shall be made available at chemical establishments for controlling safety at the establishments;

c/ To modify chemical incident prevention and response measures in case there is any change in the investment process and activities related to the contents of the measures.

4. Responsibilities of provincial-level line agencies

To carry out inspections, examinations and supervisions of the implementation of regulations on chemical incident prevention and response measures by organizations and individuals under their management.

5. Responsibilities of line ministries

a/ To provide guidelines on the layout, structure and contents of measures to prevent and respond to chemical incidents under their management;

b/ To draw up periodical or extraordinary inspection or examination plans and carry out such inspections and examinations of the implementation of regulations on chemical incident prevention and response measures by organizations and individuals under their management.

Article 22. Determination of safety distance for hazardous chemical production and trading establishments

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in, developing and promulgating technical regulations on specific safety distances for establishments that produce, trade in, store or use hazardous chemicals specified in Appendix IV to this Decree.

2. Responsibilities for establishment of safety distances

a/ Investment projects involving production, trading, storage or use of hazardous chemicals specified in Appendix IV to this Decree and having their basic designs appraised by competent agencies after the effective date of the technical regulations on safety distance shall establish safety distances from residential areas, public works, historical and cultural relics, places of scenic beauty, nature reserves, national parks, biosphere reserves, habitat conservation zones, marine reserves and domestic water sources in their feasibility study reports;

b/ Organizations and individuals may not construct houses and other works within the safety distances, except special-use works as permitted by a competent state agency;

c/ Organizations and individuals shall maintain safety distances when making land use and sectoral master plans and selecting locations for building industrial parks, export-processing zones and related projects.

Chapter IV

CLASSIFICATION OF CHEMICALS AND MATERIAL SAFETY DATA SHEETS

Article 23. Classification of chemicals

Chemicals shall be classified according to the rules and technical guidance of GHS from Rev.2 of 2007 onward, including the following major classes:

Article 24. Material safety data sheets

1. Hazardous chemicals and mixtures containing one or some hazardous substances with contents higher or equal to the following level must have material safety data sheets:

2. Hazardous chemical producers and traders shall provide material safety data sheets for organizations and individuals engaged in chemical-related activities.

3. Material safety data sheets shall be made in Vietnamese. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in, providing specific guidelines on preparation of material safety data sheets.

Chapter V

DECLARATION OF CHEMICALS

Article 25. Chemicals subject to declaration

1. The list of chemicals subject to declaration is provided in Appendix V to this Decree.

2. Chemicals subject to declaration include substances on the list of chemicals subject to declaration and mixtures containing substances on the list of chemicals subject to declaration classified according to Article 23 of this Decree as hazardous chemicals, except cases eligible for exemption under Article 28 of this Decree.

Article 26. Declaration of produced chemicals

Producers of chemicals subject to declaration shall declare chemicals produced every year in annual reports prescribed in Article 36 of this Decree.

Article 27. Declaration of imported chemicals

1. Importers of chemicals subject to declaration shall declare imported chemicals before customs clearance via the Vietnam National Single Window portal.

2. Creating of accounts to access the Vietnam National Single Window portal

a/ Organizations and individuals shall create log-in accounts using the form provided on the Vietnam National Single Window portal, including information and attached files;

b/ A declaration-receiving agency may, when necessary, request submission of the paper documents specified at Point a of this Clause to clarify or confirm declared information.

3. Information declared on imported chemicals

a/ Information declared on the form provided in Appendix VI to this Decree on the Vietnam National Single Window portal includes information about the declarant and imported chemicals;

b/ Chemical purchase and sale invoices;

c/ Material safety data sheets in Vietnamese;

d/ For non-commercial goods without chemical purchase or sale invoices, the declarant may use port arrival notices instead of commercial invoices.

4. Legal validity of electronic documents

a/ Organizations and individuals shall declare information via the Vietnam National Single Window portal. Information shall be automatically transferred to the system of the Ministry of Industry and Trade, which shall then automatically send feedback via the Vietnam National Single Window portal to the declarant and the customs office. The feedback shall be regarded as proof of completion of chemical declaration and used as a basis for customs clearance;

b/ The feedback information on declaration of imported chemicals via the Vietnam National Single Window portal shall be issued according to the form provided in Appendix VI to this Decree and be legally valid for customs clearance.

5. System incidents

If system incidents occur and declaration cannot be made via the Vietnam National Single Window portal, pending the settlement of such incidents, declaration of imported chemicals may be made via the standby system designated by the declaration-receiving agency.

6. Responsibilities of organizations and individuals making chemical declarations via the Vietnam National Single Window portal

Organizations and individuals shall take responsibility before law for the accuracy of information declared on the forms available on the Vietnam National Single Window portal and electronic documents and data in the dossier of declaration of chemicals via the Vietnam National Single Window portal. If the declared information is incorrect, the declarant shall be sanctioned under current regulations. Organizations and individuals shall keep dossiers of declaration of chemicals for at least 5 years and produce them to competent agencies upon request.

7. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, developing the declaration receipt management system; and coordinate with related ministries and sectors in inspecting organizations and individuals making chemical declarations.

8. Chemical import data of organizations and individuals shall be shared by the Ministry of Industry and Trade with local line agencies through the chemical database.

Article 28. Cases of exemption from chemical declaration

1. Chemicals produced or imported for the purposes of national defense and security and emergency response to natural disasters and epidemics.

2. Chemicals that are precursors of narcotics, precursors of explosives, industrial explosives and chemicals on the chemical schedules already licensed for production or import.

3. Chemicals imported with an amount of under 10 kg per import shipment. This exemption does not apply to industrial chemicals restricted from production and trading.

4. Chemicals that are drug materials with certificates of registration for sale of drugs in Vietnam, drug materials that are pharmaceuticals for production of drugs with certificates of registration for sale in Vietnam under drug registration dossiers.

5. Chemicals that are materials for production of pesticides with certificates of registration in Vietnam.

Article 29. Confidential information

1. Confidential information of declarants, registrants and reporters referred to in Clause 2 Article 50 of the Law on Chemicals includes:

a/ Names and quantities of chemicals produced, imported or traded;

b/ Information relating to technological know-how and trade secrets.

2. Important information for the protection of community wellbeing and the environment shall not be considered confidential information, including:

a/ Trade names of chemicals;

b/ Names of chemical producers or importers; reporters of chemical-related activities according to Articles 43 and 52 of the Law on Chemicals;

c/ Information stated in material safety data sheets, except confidential information specified in Clause 1 of this Article;

d/ Information serving chemical incident prevention and response; prevention and limitation of adverse effects of chemical toxicity; warnings on use of and exposure to chemicals and initial remedies to be taken upon occurrence of a chemical incident;

dd/ Analytical methods to determine the probability of exposure to humans and the environment; brief results of chemical toxicity tests;

e/ The purity of mixtures and hazards of additives and impurities.

Article 30. Development of the national list of chemicals and national chemical database

1. The national list of chemicals and national chemical database shall be used for the management of chemical safety and provision of information for the system of responding to inquiries and providing information about hazardous chemicals in cases of emergency.

2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with line ministries and local agencies in, developing and submitting a project on the national chemical database and a national list of chemicals to the Prime Minister for consideration and approval.

Chapter VI

TRAINING IN CHEMICAL SAFETY

Article 31. Provision of training in chemical safety

1. Organizations and individuals engaged in chemical-related activities shall provide training in chemical safety or appoint the persons specified in Article 32 of this Decree to participate in training courses organized by chemical safety training centers once every 2 years.

2. Chemical safety training activities may be organized separately or in combination with other safety training activities prescribed by law.

3. Trained persons shall be retrained in the following cases: There is a change in the categories of chemicals, technologies, physical facilities and production plans related to their working positions; they change their working positions; they fail to meet the training requirements after taking the second exam; or 2 years have passed since the previous training course.

4. The provisions on chemical safety training in this Chapter do not apply to organizations and individuals working with petrol and oil, petroleum or industrial explosives, and transporting chemicals by road, rail and inland waterways.

Article 32. Persons to be trained in chemical safety

1. Group 1:

a/ Heads of production and trading units and establishments and their attached divisions and branches; heads of production, trading and technical departments; managers of workshops or equivalents;

b/ Deputy heads of the persons referred to at Point a, Clause 1 of this Article who are assigned to take charge of chemical safety.

2. Group 2:

a/ Full-time or part-time officers in charge of chemical safety of establishments;

b/ Persons directly supervising chemical safety at workplaces.

3. Group 3: Employees directly involved in chemical-related activities.

Article 33. Contents, trainers and period of training in chemical safety

1. Training contents on chemical safety must be relevant to working positions of trainees and suitable to the nature, types and levels of hazard of chemicals in chemical establishments.

2. Training contents for group 1:

a/ Legal provisions on chemical-related activities;

b/ Hazardous elements in chemical production, trading, storage and use at chemical establishments;

c/ Plan on coordination with competent agencies in mobilizing internal and external resources of chemical establishments to respond to and remedy chemical incidents.

3. Training contents for group 2:

a/ Legal provisions on chemical-related activities;

b/ Hazardous properties of chemicals, material safety data sheets of hazardous chemicals in the chemical production, trading, storage and use of chemical establishments; classification and labeling of chemicals;

c/ The process of chemical safety management, safety techniques when working and contacting with hazardous chemicals;

d/ Hazardous elements in chemical production, trading, storage and use at chemical establishments;

dd/ Chemical incident response and prevention solutions; plan on coordination with competent agencies in mobilizing internal and external resources of chemical establishments to respond to and remedy chemical incidents; measures to prevent and  limit polluting sources from spreading to the environment; plan on environmental rehabilitation after occurrence of chemical incidents.

4. Training contents for group 3:

a/ Chemicals used in chemical production, trading, storage and use in chemical establishments: names and hazards of chemicals, classification and labeling of chemicals and material safety data sheets;

b/ Risks of chemical unsafety in chemical production, trading, storage and use;

c/ Processes of chemical production, storage and use suitable to working positions; regulations on chemical safety;

d/ Procedures for responding to chemical incidents: use of rescue facilities to deal with fires, explosions or spread of chemicals; first aid for victims in chemical incidents; use, preservation and inspection of safety equipment and personal protection devices in order to cope with chemical incidents; the process and diagram of communication and notification of incidents; prevention and limitation of polluting sources from spreading to the environment; collection of chemical spills and environmental rehabilitation after occurrence of chemical incidents.

5. Provisions on trainers in chemical safety

Trainers in chemical safety must possess a university or higher degree in chemicals and at least 5 years’ experience in the field of chemical safety.

6. Period of training in chemical safety:

a/ For group 1: at least 8 hours including time for examination;

b/ For group 2: at least 12 hours including time for examination;

c/ For group 3: at least 16 hours including time for examinations.

Article 34. Assessment of training results and filing of chemical safety training dossiers

1. Organizations and individuals engaged in chemical-related activities or chemical safety training institutions shall hold examinations to assess chemical safety training results.

2. Regulations on examinations

a/ Examination contents must be relevant to training contents;

b/ The maximum time for examination is 2 hours;

c/ Examination answers must be given at least average scores.

3. Within 15 working days after the training course and examinations on chemical safety complete, training organizers shall issue decisions recognizing chemical safety examination results.

4. A chemical safety training dossier must comprise:

a/ Training contents;

b/ The list of trainees with full name, date of birth, title, working position and signature;

c/ Information about trainers: full name, date of birth, educational level, major, working experience and proving documents;

d/ Contents and results of examination on chemical safety;

dd/ Decisions recognizing chemical safety examination results;

5. Organizations and individuals shall keep all the documents specified in Clause 4 of this Article for 3 years and produce them to state management agencies upon request.

Article 35. Responsibility to inspect the compliance of regulations on training in chemical safety

1. Provincial-level Departments of Industry and Trade shall carry out periodical inspections of the compliance with regulations on training in chemical safety by related organizations and individuals no more than once a year.

2. The Ministry of Industry and Trade and provincial-level Departments of Industry and Trade may, when necessary, plan and carry out extraordinary inspections of the compliance with regulations on training in chemical safety by organizations and individuals.

Chapter VII

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 36. Reporting regime

1. The reporting regime applicable to organizations and individuals

a/ Before January 15 every year, organizations and individuals engaged in chemical-related activities shall make general reports on chemical-related activities in the previous year and send them to their line ministries and provincial-level line agencies of the localities where they carry out chemical-related activities;

b/ Organizations and individuals engaged in chemical-related activities shall make extraordinary reports upon occurrence of incidents in chemical-related activities or termination of chemical-related activities and upon request by a competent agency.

2. A general report on annual chemical-related activities must contain:

a/ General information about the reporting organization or individual;

b/ Declaration of produced chemicals including the list of chemicals subject to declaration for each production place;

c/ Production of or trading in and use of chemicals subject to conditional production and trading; chemicals restricted from production and trading; chemicals subject to declaration and other chemicals;

d/ Implementation of regulations on training in chemical safety;

dd/ Implementation and results of implementation of chemical incident prevention and response plans and measures; chemical safety;

e/ Line ministries shall provide detailed guidance on the forms of the reports specified in this Clause.

3. The reporting regime applicable to state management agencies

a/ Before January 20 every year, related provincial-level line agencies shall report on their chemical management work and chemical-related activities of organizations and individuals in their localities to line ministries;

b/ Line ministries shall, upon request, report on their chemical management work and chemical-related activities under their management to the Ministry of Industry and Trade;

c/ The Ministry of Industry and Trade shall act as the focal point to summarize information and report on chemical-related activities to the Government upon request.

Article 37. State management responsibilities for chemical-related activities

1. The Ministry of Industry and Trade shall take responsibility to the Government for the state management of chemical-related activities.

The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and agencies in, performing the following contents of state management:

a/ Developing the project on the national database on chemicals and the national list of chemicals and submitting them to the Prime Minister;

b/ Developing a system of laboratories to assess new chemicals in Vietnam;

c/ Considering and proposing the Government to revise the lists of chemicals referred to in this Decree to meet management requirements in each period of time;

d/ Developing and managing information technology and online public service systems serving the chemical management by the Ministry;

dd/ Carrying out inspections and examinations, settling complaints and denunciations and handling violations in chemical-related activities as assigned or decentralized;

e/ Performing the tasks assigned in the Law on Chemicals and this Decree and other tasks related to chemical management assigned by the Government.

2. The Ministry of Finance shall coordinate with the Ministry of Industry and Trade in connecting the national portal with the information technology and online public service systems used for the chemical management of the Ministry of Industry and Trade.

3. Line ministries shall perform the state management of chemical-related activities under their management in accordance with the Law on Chemicals and this Decree and other tasks related to chemical-related activities assigned by the Government; carry out inspections and examinations, settle complaints and denunciations and handle violations in chemical-related activities under their management.

4. Responsibilities of People’s Committees at all levels

a/ To perform the tasks assigned in the Law on Chemicals and other tasks related to chemical management as assigned or decentralized;

b/ To manage chemical-related activities, carry out inspections and examinations, settle complaints and denunciations and handle violations in chemical-related activities in their localities in accordance with law;

c/ To disseminate and provide guidance on the law on chemical management.

Article 38. Effect

1. This Decree takes effect on November 25, 2017, and replaces the Government’s Decree No. 108/2008/ND-CP of October 7, 2008, detailing and guiding the implementation of a number of articles of the Law on Chemicals, and Decree No. 26/2011/ND-CP of April 8, 2011, amending and supplementing a number of articles of Decree No. 108/2008/ND-CP.

2. To annul Article 8 of the Government’s Decree No. 77/2016/ND-CP of July 1, 2016, amending and supplementing a number of provisions on investment and business conditions in international trade in goods, chemicals; industrial explosives, fertilizers, and gas and food business under the state management of the Ministry of Industry and Trade.

Article 39. Transitional provisions

1. Organizations and individuals possessing the licenses for production of or trading in industrial chemicals restricted from production and trading, or the certificates of eligibility for production of or trading in chemicals subject to conditional production and trading granted by competent agencies before the effective date of this Decree shall continue to operate under these licenses or certificates until they expire.

2. For the projects specified in Clause 2, Article 20 of this Decree that are put into operation before the effective date of this Decree without any chemical incident prevention and response plans approved by a competent agency, their owners shall develop such plans and submit them to a competent state management agency for appraisal and approval within 2 years from the effective date of this Decree.

3. For the projects specified in Clause 1, Article 21 of this Decree that are put into operation before the effective date of this Decree without any chemical incident prevention and response measures, their owners shall develop and make decisions on such measures within 1 year from the effective date of this Decree.

Article 40. Organization of implementation

Ministers, heads of ministerial agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
Nguyen Xuan Phuc

* The appendices to this Decree are not translated.