Decree 82/2022/ND-CP amending Decree 113/2017/ND-CP guiding Law on Chemicals

DECREE

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

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Drug Prevention and Control dated March 30, 2021;

Pursuant to the Law on Investment dated June 17, 2020;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree 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.

Article 1. 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

1. To amend Clause 11 Article 1 of Decree No. 113/2017/ND-CP, which was amended and supplemented under Clause 1 Article 8 of the Government's Decree No. 17/2020/ND-CP dated February 05, 2020, on amending and supplementing a number of articles of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade, as follows:

“11.  The following products are not subject to the regulated chemicals of this Decree:

a) Pharmaceuticals; insecticidal and germicidal preparations, foodstuffs and cosmetics;

b) Animal feeds, veterinary drugs, pesticides; bio-organic-chemical fertilizers being mixed fertilizers, organic mineral fertilizers, bio-mineral fertilizers; products for preserving and processing agricultural, forestry, fishery products and foodstuffs;

c) Radioactive substances; building materials; paint, ink;

d) Glue and cleaning products used in the household sector;

dd) Petrol and oil in accordance with the law on petrol and oil; condensate and naphtha used in petrol and oil production.”.

2. To amend Clause 3 Article 9 as follows:

“3. Organizations and individuals, other than those specified in Article 10a of this Decree, 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.”.

3. To amend Article 10 as follows:

“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;

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 written approval of takeover test of the fire prevention and fighting system, issued by a police department of fire prevention and fighting, 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 decision recognizing chemical safety examination results of an organization or individual, made according to Point dd 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 in industrial chemicals subject to conditional production and trading;

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 written approval of takeover test of the fire prevention and fighting system, issued by a police department of fire prevention and fighting, 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 contract 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 decision recognizing chemical safety examination results of an organization or individual, made according to Point dd Clause 4 Article 34 of this Decree;

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

3. Dossier of application for a chemical production and trading eligibility certificate

a) An application for a certificate of eligibility for production of, and trading in industrial chemicals subject to conditional production and trading;

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

c) A declaration on each chemical production establishment or 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, for each chemical production establishment, or chemical storehouse;

dd) A copy of the written approval of takeover test of the fire prevention and fighting system, issued by a police department of fire prevention and fighting, for each chemical production establishment, or 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 production establishment, or chemical storehouse not subject to approval of fire prevention and fighting design;

e) A general drawing of the ground of each chemical production establishment or trading place, which must have information on locations of workshops, storehouses, storage places, area of and paths to workshops, production areas, storehouses of chemicals; a copy of the document proving the right to use land areas for construction of production establishments, storehouses or of a contract on hiring of workshops, storehouses or of a contract 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 production, trading establishment;

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

i) A copy of the decision recognizing chemical safety examination results of an organization or individual, made according to Point dd Clause 4 Article 34 of this Decree;

k) Material safety data sheets of hazardous chemicals of the chemical production, trading establishment as prescribed.

4. The provincial-level Department of Industry and Trade of the locality where the requester’s head office 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.

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

a) An organization or individual applying for an eligibility certificate shall make one set of dossiers and send it by post, directly or via the online public service system to an agency competent to grant certificates defined in Clause 4 of this Article;

b) If finding a dossier set incomplete and invalid, within 3 working days after receiving it, the agency competent to grant certificates shall notify such to the applicant for supplementation and completion of the dossier. The time for dossier completion shall not be included in the time limit for grant of a certificate specified at Points c and d of this Clause;

c) In case where the applicant's chemical production and trading establishment is located in the same locality as its head office location, within 12 working days after receiving a complete and valid dossier prescribed in Clauses 1 and 2 of this Article, the agency competent to grant certificates shall consider and appraise the dossier, check the actual conditions, and grant an eligibility certificate to the applicant. If refusing to grant a certificate, the agency competent to grant certificates shall issue a written reply stating the reason;

d) In case where the applicant's chemical production and trading establishment is located in the locality other than the one where its head office is located, within 3 working days after receiving a complete and valid dossier prescribed in Clauses 1 and 2 of this Article, the agency competent to grant certificates shall send a copy of the dossier of application for a certificate for opinions from the provincial-level Department of Industry and Trade of the locality where the applicant’s chemical production and trading establishment is located. Within 9 working days after receiving the dossier copy, the provincial-level Department of Industry and Trade of the locality, where the applicant’s chemical production and trading establishment is located, shall check the actual conditions of chemical production and trading establishments under its management, and give opinions in writing on the satisfaction of the conditions prescribed in Clauses 1 and 2 Article 9 of this Decree. The agency competent to grant certificates shall consider and appraise the dossier, and grant the certificate of eligibility for the applicant within 3 working days, from the date of receiving the document on the satisfaction of conditions from the provincial-level Department of Industry and Trade of the locality where the applicant's chemical production and trading establishment is located, concurrently send one copy to such provincial-level Department of Industry and Trade for coordination and management.  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.

6. 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 agency competent to grant certificates;

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 agency competent to grant certificates 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's production and trading establishment is located. If refusing to re-grant a certificate, the agency competent to grant certificates shall issue a written reply stating the reason.

7. 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 agency competent to grant certificates;

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.

8. The provincial-level Department of Industry and Trade of the locality where an individual's or organization’s production and trading establishment is located shall carry out the inspection, examination and supervision of the compliance with the conditions for producing and trading chemicals subject to conditional production and trading by such organization or individual under its management.

9. The Ministry of Industry and Trade shall 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.

10. Responsibilities of holders of eligibility certificates

a) To satisfy the conditions specified in Article 9 of this Decree in the course 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.

11. Forms in the dossiers for grant, re-grant, modification, and the form of certificate of eligibility for production of, and trading in industrial chemicals subject to conditional production and trading are prescribed in Appendix VI to this Decree.”.

4. To add Article 10a after Article 10 as follows:

“Article 10a. Cases not subject to the grant of certificates of eligibility for production of and trading in industrial chemicals subject to conditional production and trading

1. Activities of chemical dilution and mixing without chemical reactions forming industrial chemicals subject to conditional production and trading to put into use and production of other products and goods of the organizations and individuals.

2. Chemical composition in the mixtures of substances listed as industrial chemicals subject to conditional production and trading has the content in the mixtures of substances less than 0.1%.”.

5. To add Article 11a after Article 11 as follows:

“Article 11a. Management and control of the use of industrial precursors

1. Organizations and individuals using industrial precursors to manufacture other productions and goods must follow regulations provided in Chapter V of the Law on Chemicals and the followings:

a) Having adequate invoices for purchase and sale of industrial precursors, and papers proving the origin, information about the producers, importers or suppliers of industrial precursors; having the goods receipt and delivery notes;

b) Making books for monitoring the use of industrial precursors. Such a book must indicate name of the industrial precursors, the volumes of precursors purchased (imported or domestically purchased), used and stockpiled; use purposes of precursors.

2. When using industrial precursors, organizations and individuals shall take measures to manage and control industrial precursors and take responsibility before law for the loss of industrial precursors.”.

6. To amend and supplement a number of points and clauses of Article 12 as follows:

a) To amend Point a Clause 2 as follows:

“a) An application for a license for import and export of industrial precursors;

b) To amend Clause 8 as follows:

“8. The Vietnam Chemicals Agency (the Ministry of Industry and Trade) shall be responsible for receiving dossiers, granting, re-granting, modifying and extending the licenses for import and export of industrial precursors on the Vietnam National Single Window system.”.

c) To amend Clause 9 as follows:

“9. Forms in the dossiers for grant, re-grant, modification and extension, and the form of the licenses for import and export of industrial precursors are prescribed in Appendix VI to this Decree.”.

7. To amend Clause 4 Article 15 as follows:

“4. Organizations and individuals, other than those specified in Article 16a of this Decree, may produce or trade in industrial chemicals restricted from production and trading only after obtaining a license from a competent agency and shall fully maintain the conditions specified in Clauses 1, 2 and 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.”.

8. To amend and supplement a number of points and clauses of Article 16 as follows:

a) To amend Point a Clause 1 as follows:

“a) An application for a license for production of industrial chemicals restricted from production and trading, made according to the form provided in Appendix VI to this Decree;”.

b) To amend Point a Clause 2 as follows:

“a) An application for a license for trading in industrial chemicals restricted from production and trading, made according to the form provided in Appendix VI to this Decree;”.

c) To add Clause 2a after Clause 2 as follows:

“2a. Dossier of application for a chemical production and trading license

a) An application for a license for production of, or trading in industrial chemicals restricted from production and trading, made according to the form provided in Appendix VI to this Decree;

b) The papers specified at Points b thru k Clause 3 Article 10 of this Decree;

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

d) To amend Point b Clause 4 as follows:

“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 provided in Appendix VI to this Decree; 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;”.

dd) To amend Point b Clause 5 as follows:

“b) A dossier for modification of a license must comprise a written request for license modification, made according to the form provided in Appendix VI to this Decree; 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;”.

e) To amend Point a Clause 7 as follows:

“a) The Vietnam Chemicals Agency (the Ministry of Industry and Trade) shall be responsible for receiving, organizing the appraisal of dossiers for grant, re-grant, modification of licenses for production of, or trading in industrial chemicals restricted from production and trading. The Ministry of Industry and Trade shall grant, re-grant, modify and prescribe the validity period of licenses for production of or trading in industrial chemicals restricted from production and trading; develop the plan and carry out periodical or extraordinary inspections and examinations of the production of and trading in industrial chemicals restricted from production and trading.”.

g) To add Clause 8 after Clause 7 as follows:

“8. Forms in the dossiers for grant, re-grant, modification, and the form of license for production of, and trading in industrial chemicals subject restricted from production and trading are prescribed in Appendix VI to this Decree.”.

9. To add Article 16a after Article 16 as follows:

“Article 16a. Cases not subject to the grant of licenses for production of, or trading in industrial chemicals restricted from production and trading

1. Activities of chemical dilution and mixing without chemical reactions forming industrial chemicals restricted from production and trading to put into use and production of other products and goods of the organizations and individuals.

2. Chemical composition in the mixtures of substances listed as industrial chemicals restricted from production and trading has the content in the mixtures of substances less than 0.1%.”.

10. To amend and supplement a number of points and clauses of Article 20 as follows:

a) To amend Clause 4 as follows:

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

a) A written request made according to the form provided in Appendix VI to this Decree;

b) Nine copies of the plan. The layout, structure and contents of the plan on prevention of and response to chemical incidents shall be made according to the form provided in Appendix VI to this Decree.”.

b) To amend Point c Clause 8 as follows:

“c) To annually organize chemical incident response drills developed in the plan in the presence or direction of representatives of local line management agencies;”.

c) To add Clause 11 after Clause 10 as follows:

“11. The Ministry of Industry and Trade shall formulate forms used in the compilation of dossiers, and appraisal, approval of chemical incident prevention and response plans; endorsement form on the cover page of the plans after they are approved. Request form and form of the decision approving the plan on prevention of and response to chemical incidents are prescribed in Appendix VI to this Decree.”.

11. To amend and supplement a number of points and clauses of Article 21 as follows:

a) To amend Clause 2 as follows:

“2. Chemical incident prevention and response measures must have basic contents prescribed in Clause 3 Article 36 of the Law on Chemicals. Organizations and individuals shall formulate the plans on prevention of and response to chemical incidents according to the form provided in Appendix VI to this Decree.”.

b) To add Point d after Point c Clause 3 as follows:

“d) On an annual basis, chemical establishments must organize chemical incident response drills developed in the plan in the presence or direction of representatives of local line management agencies, in case the chemical establishments have the storage of chemicals on the List of hazardous chemicals subject to the formulation of a plan for prevention of, and response to chemical incidents but below the threshold specified in Appendix IV to this Decree.”

12. To amend Article 23 as follows:

“Article 23. Classification of chemicals

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

13. To amend the serial number 4 in Clause 1 Article 24 as follows:

14 To amend and supplement a number of points and clauses of Article 27 as follows:

a) To amend Point b Clause 4 as follows:

“b) Declared information and feedback information on declaration of imported chemicals via the Vietnam National Single Window shall be made according to the form provided in Appendix VI to this Decree. The feedback information on declaration of imported chemicals shall be legally valid for customs clearance. After the chemicals are cleared, the customs offices’ systems shall send the feedback on the clearance status, including information about the declaration, chemicals, volume of chemicals cleared via the Vietnam National Single Window and the Ministry of Industry and Trade’s system.”.

b) To add Clause 4a after Clause 4 as follows:

“4a. Chemicals subject to special control when importing

a) Hazardous chemicals subject to control when carrying out the procedures for declaration of imported chemicals include dinitrogen monoxide, cyanide compounds, mercury and mercury compounds;

b) Within 16 working hours, from the time the Ministry of Industry and Trade’s system receives declaration dossiers for the cases specified at Point a of this Clause, the agency receiving declared information of the Ministry of Industry and Trade (the Vietnam Chemicals Agency) shall be responsible for checking the dossiers, and send feedback information on declaration of imported chemicals to the declarants. If the dossier is invalid, the agency receiving the declared information of the Ministry of Industry and Trade (the Vietnam Chemicals Agency) shall send feedback to the declarant through the Vietnam National Single Window for supplementation and completion of the dossier. Cases where the dossier is considered invalid includes: the total volume of chemicals imported from the beginning of the year to the time of declaration is higher than the one permitted in the year, attached files are non-compliant with regulations of Clause 3 of this Article, declared information on imported chemicals is incorrect. If the dossier is valid, the agency receiving the declared information of the Ministry of Industry and Trade (the Vietnam Chemicals Agency) shall approve the dossier, and send feedback via the Vietnam National Single Window to the declarant and customs office”.

c) To amend Clause 6 as follows:

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

Organizations and individuals shall take responsibility before law for the accuracy of information declared on the forms available on the Vietnam National Single Window and electronic documents and data in the dossier of declaration of chemicals via the Vietnam National Single Window. In case the declared information is incorrect, the electronic declaration dossier shall be used as a basis for the competent organization or individual to handle administrative violations. Organizations and individuals shall keep dossiers of declaration of chemicals for at least 05 years and produce them to competent agencies upon request.”.

15. To add Clause 6 after Clause 5 of Article 28 as follows:

“6. Chemical composition in the mixtures of substances listed as chemicals subject to declaration has the content in the mixtures of substances less than 0.1%.”.

16. To amend Clause 1 Article 31 as follows:

“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, and training once every 2 years. The first training period is prescribed in Clause 6 Article 33 of this Decree. From the second training, the period shall be equal to 50% of the first training period, except for the case of re-training as prescribed in Clause 3 of this Article.”.

17. To amend and supplement a number of points and clauses of Article 33 as follows:

a) To add Point e after Point dd Clause 3 as follows:

“e) Practice contents at chemical establishments: Identifying the hazardous properties of chemicals and practicing procedures for handling some typical chemical incidents at a chemical establishment”.

b) To add Point dd after Point d Clause 4 as follows:

“dd) Practice contents at chemical establishments: Identifying the hazardous properties of chemicals and practicing procedures for handling some typical chemical incidents at a chemical establishment”.

18. To amend and supplement a number of points and clauses of Article 36 as follows:

a) To amend Point a Clause 1 as follows:

“a) Before February 15 every year, organizations and individuals engaged in chemical-related activities shall make general reports on chemical-related activities in the previous year on the national chemical database;”.

b) To amend Point a Clause 3 as follows:

“a) Before March 1 each year, the local line management agencies shall report their chemical management on the national chemical database;”.

19. To add several chemicals to Appendix I of Decree No. 113/2017/ND-CP - List of industrial chemicals subject to conditional production and trading as follows:

Note:

(1): Heading for reference

(2): In case the List of precursors issued by the Government is amended, supplemented or replaced, the new ones shall apply. List of group-1 precursors (IVA List of the Government’s Decree promulgating the List of narcotics and precursors); List of group-2 precursors (IVB List of the Government’s Decree promulgating the List of narcotics and precursors)

20. To amend the serial number 231 Table 1 Appendix IV of Decree No. 113/2017/ND-CP - List of hazardous chemicals requiring a chemical incident prevention and response plan as follows:

21. To add several chemicals to Appendix V of Decree No. 113/2017/ND-CP - List of chemicals subject to declaration as follows:

Note: (1) Heading for reference

Article 2. Replacing and annulling a number of provisions of Decree No. 113/2017/ND-CP

1. To replace the phrase “goods” with the phrase “mixtures of substances” in Clause 1 Article 13 of Decree No. 113/2017/ND-CP.

2. To annul Point c Clause 2 Article 16, Point b, Point d Clause 9 Article 20, Point a Clause 5 Article 21 of Decree No. 113/2017/ND-CP.

3. To replace Appendices II and VI of Decree No. 113/2017/ND-CP with Appendices II and VI to this Decree.

Article 3. Implementation provisions

1. This Decree takes effect from December 22, 2022. Provisions of Clause 14 Article 1 of this Decree, which amend Article 27 of Decree No. 113/2017/ND-CP, takes effect one year after the effective date of this Decree.

2. For the projects and establishments storing mercury and mercury compounds over 01 kg 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. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities shall implement this Decree.

* All Appendices are not translated herein.