Integrated document No. 05/VBHN-BCT dated January 12, 2017 of the Ministry of Industry and Trade integrates the Circular specifying certain articles of Law on Chemicals and Government's Decree No. 108/2008/ND-CP on guidelines for certain articles of Law on Chemicals

THE MINISTRY OF INDUSTRY AND TRADE

Integrated document No. 05/VBHN-BCT dated January 12, 2017 of the Ministry of Industry and Trade integrates the Circular specifying certain articles of Law on Chemicals and Government s Decree No. 108/2008/ND-CP on guidelines for certain articles of Law on Chemicals

The Circular No. 28/2010/TT-BCT dated June 28, 2010 by the Minister of Industry and Trade specifying certain articles of Law on Chemicals and the Government s Decree No. 108/2008/ND-CP dated October 07, 2008 on guidelines for certain articles of Law on Chemicals, which entered into force from August 16, 2010, was amended by the following Circulars:

1. The Circular No. 18/2011/TT-BCT dated April 21, 2011 by the Minister of Industry and Trade on supplementing and annulling administrative procedures in the Circular No. 28/2010/TT-BCT dated June 28, 2010 by the Ministry of Industry and Trade specifying certain articles of the Law on Chemicals and the Government’s Decree No. 108/2008/ND-CP dated October 07, 2008 on guidelines for certain articles of the Law on Chemicals, and coming into force from June 06, 2011.

2. The Circular No. 06/2015/TT-BCT dated April 23, 2015 by the Minister of Industry and Trade on amendments to a number of circulars promulgated by Ministry of Industry and Trade on administrative procedures in the fields of chemicals, electricity and trade in commodities via commodity exchanges, and coming into force from June 01, 2015.

3. The Circular No. 04/2016/TT-BCT dated June 06, 2016 by the Minister of Industry and Trade on amendments to a number of circulars promulgated by Ministry of Industry and Trade on administrative procedures in the fields of e-commerce, chemicals, wine production and trade, franchise, trade in commodities via commodity exchanges, energy, food safety and electricity, and coming into force from July 20, 2016.

4. The Circular No. 27/2016/TT-BCT dated December 05, 2016 by the Minister of Industry and Trade on amending and annulling a number of legislative documents on requirements for investment and trade in certain fields under state management of Ministry of Industry and Trade, and coming into force from January 20, 2017.

Pursuant to the Government’s Decree No. 189/2007/ND-CP dated December 27, 2007 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to the Government’s Decree No. 108/2008/ND-CP dated October 07, 2008 on guidelines for certain articles of Law on Chemicals;

The Minister of Industry and Trade promulgates a Circular specifying certain articles of the Law on Chemicals and the Decree No. 108/2008/ND-CP.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

1. This Circular deals with:

a) Required facilities for ensuring safety in industrial chemical production and trade;

b) Procedures and application for a Certificate of eligibility for production and trade in chemicals on the list of conditional industrial chemicals (hereinafter referred to as “Certificate”);

c) Procedures and application for a License for production and trade in chemicals on the list of restricted industrial chemicals (hereinafter referred to as “License”);

d) Preparation and inspection of an application for licensing production, import and use of banned industrial chemicals;

dd) Measures and plans for prevention and response to industrial chemical-related incidents;

e) Toxic chemical sale records; safety data sheets; application for registration of new chemicals and assessment thereof; and confidentiality of chemical information.

2. Issuance of a Certificate and a License specified herein shall not be granted for explosive pre-substances, petrol, oil and liquefied petroleum gas.

Article 2.Subject of application

This Circular applies to producers, traders and users of industrial chemicals and entities having chemical-related activities in territory of the Socialist Republic of Vietnam.

Article 3. Definitions

For the purposes of this Circular, the terms below shall be construed as follows:

1.List of conditional industrial chemical production and tradeis a list of chemicals specified in Appendix No. 1 attached hereto.

2.List of restricted industrial chemicalsis a list of chemicals specified in Appendix II of the Government’s Decree No. 108/2008/ND-CP dated October 07, 2008 on guidelines for certain articles of the Law on Chemicals.

3.List of banned chemicalsis a list of chemicals stipulated in Appendix III of the Decree No. 108/2008/ND-CP.

4.Trade in chemicalsmeans performance of one stage, some or all stages of investment process from producing to consuming or providing chemical services on the market for profitable purposes.

5.Valid copymeans a copy that is notarized or authenticated by a competent authority.

6.CAS (Chemical Abstracts Service) numberis a unique numerical identifier assigned to every chemical substance by Chemical Abstracts Service (a division of the American Chemical Society).

7.UN (United Nations) numberis a four-digit number that identifies hazardous chemicals and is regulated by the United Nations.

Chapter II

FACILITIES FOR ENSURING SAFETY IN INDUSTRIAL CHEMICAL PRODUCTION AND TRADE

Article 4. (Annulled)

Article 5. (Annulled)

Article 6. (Annulled)

Article 7. Safe operation and transport requirements

1. Vehicles used to transport chemicals shall meet applicable safety standards on hazardous chemicals and the following requirements:

a) Vehicles shall be designed in a manner that prevents spill or leakage of chemicals into the environment. During the transport, chemicals which are potentially cause reactions shall not be stored together to avoid danger;

b) Chemicals shall be contained in suitable packages and transported by special-purpose vehicles;

c) Warning signs shall be seen on vehicles. In the cases where a vehicle transports different chemicals, the symbols of all chemicals shall be stuck on both sides and the rear of the vehicle.

2. Safe operation of chemical warehouses

a) There shall be measures or plans for prevention and response to chemical-related incidents in chemical factories and chemical warehouses;

b) Chemical producers shall make regulations on chemical safety a system of warning signs corresponding to the hazards of chemicals. If a chemical substance poses various types of hazards, its warning symbols shall specify all types of such hazards;

c) The operation of chemical warehouse areas shall satisfy strict requirements for safety and hygiene and avoid threats of fire or leakage, etc.;

d) Warehouse-keepers shall follow instructions on safety data sheets of all chemicals to be stored and transported; instructions on chemical safety and hygiene plans and instructions; instructions on response to accidents;

dd) In a storage area, hazardous substances shall be placed separately from frequently travelled areas; there shall be spaces between walls and chemical bales closest to the walls, and internal passages which are clear and accessible to inspection and firefighting equipment.

Chapter III

PROCEDURES AND APPLICATION FOR CERTIFICATES OR LICENSES

Section 1. PROCEDURES AND APPLICATION FOR CERTIFICATES

Article 8. Certificate-issuing authorities

Certificates shall be issued by Departments of Industry and Trade of provinces/central-affiliated cities (hereinafter referred to as “Departments of Industry and Trade”).

Article 9. Application for a Certificate submitted by a chemical producer

1. Legal documents

a) A completed application form according to the specimen in Appendix No. 2 of this Circular;

b) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the Business Registration Certificate;

c) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the written approval of factory construction as prescribed in regulations of law on construction management and investment;

d) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the written approval of the environmental impact assessment report or the written confirmation of environmental safety commitment registration with the project enclosed granted by the competent authority;

dd) A copy of the commitment to fulfillment of fire safety requirements submitted to the local fire department.

2. Technical documents

a) A list of factories and warehouses of the hazardous chemical producer;

b) A list of personal protective equipment made according to the specimen in Appendix No. 3 attached hereto;

c) (Annulled);

d) Safety data sheets of every hazardous chemical in the factory.

3. Documents on eligibility of the producer

a) A list of personnel provided in the specimen in Appendix No. 4 attached hereto, including executives, managers, technicians and other staff directly related to production, storage and transport of hazardous chemicals;

b) (Annulled);

c) (Annulled).

Article 10. Application for a Certificate submitted by a chemical trader

1. Legal documents

a) A completed application form according to the specimen in Appendix No. 2 attached hereto;

b) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the Business Registration Certificate;

c) A copy of the commitment to fulfillment of fire safety requirements submitted to the local fire department;

d) A written confirmation of environmental safety commitment registration granted by the competent authority.

2. Technical documents

a) A list of factories and warehouses of the hazardous chemical trader;

b) A list of personal protective equipment made according to the specimen in Appendix No. 3 attached hereto;

c) (Annulled);

d) A list of chemical stores. If the trader has multiple stores that sell the same chemicals, a separate application shall be made for each store under this Article but the Certificate will cover all of them;

dd) Safety data sheets for every hazardous chemical in the store.

3. Documents on eligibility of the trader

a) A list of personnel provided in the specimen in Appendix No. 4 attached hereto, including executives, managers, technicians and other staff directly related to trade, storage and transport of hazardous chemicals;

b) (Annulled);

c) (Annulled).

Article 11. Application for a Certificate submitted by an entity both producing and trading in chemicals

An entity that both produces and trades in chemicals shall submit an application which consists of:

1. An application for a Certificate.

2. A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the Business Registration Certificate.

3. Safety data sheets of every hazardous chemical in the factory and the store.

4.  A list of personnel provided in the specimen in Appendix No. 4 attached hereto, including executives, managers, technicians and other staff directly related to production, trade, storage and transport of hazardous chemicals.

5. (Annulled).

6. (Annulled).

7. Documents specified in Points c, d and dd Clause 1; Points a, b and c Clause 2 Article 9; and Points c and d Clause 2 Article 10 herein.

Article 12. Revision

1.  The entity that wishes to have their Certificate revised shall submit an application for revision to the Certificate to the Department of Industry and Trade.

2. An application for revision to the Certificate shall include:

a) A written request for revision;

b) The original Certificate;

c) Documents proving the need of revision.

Article 13. Reissue

1.  The entity whose Certificate is lost or damaged shall submit an application for reissue of the Certificate to the Department of Industry and Trade, which consists of:

a) A written request for reissue;

b) A valid copy of the Certificate (if any).

2. If a Certificate expires, the Certificate holder shall submit an application for reissue of the Certificate to the Department of Industry and Trade at least 30 (thirty) working days before such Certificate expires. An application for reissue of the Certificate shall include:

a) A written request for reissue;

b) The issued Certificate or its valid copy;

c) A report on chemical production and trade within the validity period of the Certificate specifying names of chemicals and purposes thereof, volumes of chemicals produced, imported and consumed; volumes of chemical input, output and inventory and locations of chemical storage; implementation of chemical safety measures; and other information (if any).

Article 14. Procedures for issuance of Certificates

1. The applicant shall submit an application for the Certificate to a Department of Industry and Trade.

2. Within 12 (twelve) days from the day on which the valid application prescribed in Article 9, Article 10 or Article 11 herein is received and within 7 (seven) days from the day on which the valid application specified in Article 12 or Article 13 herein is received, the Department of Industry and Trade shall inspect and consider issuing a Certificate according to the specimen in Appendix No. 5 attached hereto to the applicant.

If the application is rejected, the Department of Industry and Trade shall provide the applicant with explanation in writing.

3. Within 5 (five) days after receiving the application which is incomplete or invalid, the Department of Industry and Trade shall send a written request to the applicant for submitting additional documents.

4. Fees for issuance of a Certificate shall be covered by the applicant as prescribed by the Ministry of Finance.

5. A chemical producing or trading establishment that renames itself but does not change its production and trade requirements shall send to the Department of Industry and Trade a valid copy of the enterprise-renaming decision and a written request for Certificate reissue.

Article 15. Validity period of Certificates

The validity period of a Certificate is 5 (five) years from its date of issue. If the trader has multiple stores, the certificate shall indicate all of these stores which are identified as satisfying prescribed requirements.

Section 2. PROCEDURES AND APPLICATION FOR LICENSES

Article 16. Licensing authority

Licenses shall be issued by the Ministry of Industry and Trade.

Article 17. Application for a License submitted by a chemical producer

1. Legal documents

a) A completed application form according to the specimen in Appendix No. 6 attached hereto;

b) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the Business Registration Certificate;

c) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the written approval of factory construction as prescribed in regulations of law on construction management and investment;

d) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the written approval of the environmental impact assessment report or the written confirmation of environmental safety commitment registration with the project enclosed granted by the competent authority;

dd) A copy of the commitment to fulfillment of fire safety requirements submitted to the local fire department.

2. Technical documents

a) A list of factories and warehouse of the hazardous chemical producer;

b) A list of personal protective equipment made according to the specimen in Appendix No. 3 attached hereto;

c) (Annulled);

d) Safety data sheets of every hazardous chemical in the factory.

3. Documents on eligibility of the producer.

a) A list of personnel provided in the specimen in Appendix No. 4 attached hereto, including executives, managers, technicians and other staff directly related to production, storage and transport of hazardous chemicals;

b) A valid copy of the bachelor s degree in chemicals of the technical director or deputy technical director; certificates of training in chemicals of technicians and employees of the producer;

c) (Annulled).

Article 18. Application for a License submitted by a chemical trader

1. Legal documents

a) A completed application form according to the specimen in Appendix No. 6 attached hereto;

b) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the Business Registration Certificate;

c) A copy of the commitment to fulfillment of fire safety requirements submitted to the local fire department;

d) A written confirmation of environmental safety commitment registration granted by the competent authority.

2. Technical documents

a) A written explanation on demand for restricted chemicals;

b) A list of factories and warehouses of the hazardous chemical trader;

c) A list of personal protective equipment made according to the specimen in Appendix No. 3 attached hereto;

d) A list of special-purpose vehicles and a valid copy of the permit of hazardous goods transport;

dd) A list of chemical stores. If the trader has multiple stores that sell the same chemicals, a separate application shall be made for each store under this Article but the License will cover all of them;

e) Safety data sheets of every hazardous chemical in the store.

3. Documents on eligibility of the trader

a) A list of personnel provided in the specimen in Appendix No. 4 attached hereto, including executives, managers, technicians and other staff directly related to trade, storage and transport of hazardous chemicals;

b) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of each certificate of training in chemicals of technicians and employees of the trader;

c) (Annulled).

Article 19. Application for a License submitted by an entity both producing and trading in restricted chemicals

An entity that both produces and trades in chemicals shall submit an application which consists of:<

1.  An application for a License.

2. b) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the Business Registration Certificate.

3. Safety data sheets of every hazardous chemical in the factory and the store.

4. A list of personnel provided in the specimen in Appendix No. 4 attached hereto, including executives, managers, technicians and other staff directly related to production, trade, storage and transport of hazardous chemicals.

5. A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the bachelor s degree in chemicals, economics or technology of the technical director or deputy technical director; certificates of training in chemicals of technicians and employees.

6. Health certificates granted by health facilities of districts to the personnel stated in Clause 4 this Article.

7. Documents specified in Points c, d and dd Clause 1; Points a, b and c Clause 2 Article 17; and Points a, d and dd Clause 2 Article 18 herein.

Article 20. Revision

1. The entity that wishes to have their License revised shall submit an application for revision to the License to the Ministry of Industry and Trade.

2.  An application for revision to the License shall include:

a) A written request for revision;

b) The original License;

c) Documents proving the need of revision.

Article 21. Reissue

1.  The entity whose License is lost or damaged shall submit an application for reissue of the License to the Ministry of Industry and Trade, which consists of:

a) A written request for reissue;

b) A copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of the License (if any).

2. If a Certificate expires, the License holder shall submit an application for reissue of the Certificate to the Ministry of Industry and Trade at least 30 (thirty) working days before such License expires. An application for reissue of the License shall include:

a) A written request for reissue;

b) The issued License or a copy from the issuing authority’s register, a certified true copy or a copy enclosed with the original copy of such License;

c) A report on chemical production and trade during the validity period of the License specifying names of chemicals and purposes of use thereof, volumes of chemicals produced, imported and consumed; volumes of chemical input, output and inventory and locations of chemical storage; implementation of chemical safety measures; and other information (if any).

Article 22. Procedures for issuance of Licenses

1. The applicant shall submit a set of application for the License to the Ministry of Industry and Trade (Vietnam Chemicals Agency).

2. Within 20 (twenty) days from the day on which the valid application prescribed in Article 17, Article 18, Article 19, Article 20 or Article 21 herein is received, the Ministry of Industry and Trade (Vietnam Chemicals Agency) shall consider inspecting and granting the License according to the specimen in Appendix No. 7 attached hereto to the applicant.

If the application is rejected, the Ministry of Industry and Trade (Vietnam Chemicals Agency) shall provide the applicant with explanation in writing.

3. Within 5 (five) days after receiving the application that is incomplete or invalid, the Ministry of Industry and Trade (Vietnam Chemicals Agency) shall send a written request to the applicant for submitting additional documents.

4. Fees for issuance of the License shall be covered by the applicant as prescribed by the Ministry of Finance.

5. Chemical producers and traders operating before the effective date of this Circular without any License may continue their business provided that they follow procedures as stipulated in this Article.

6. Producers and traders of restricted industrial chemicals that cease their business or relocate their factories or stores shall report thereon in writing to the Ministry of Industry and Trade (Vietnam Chemicals Agency).

Article 23. Validity period of Licenses

The validity period of a License is 3 (three) years from the date of issue. For an organization or individual with many business places, License shall indicate all of these business places which are identified as satisfying the prescribed requirements.

Chapter IV

COMPILATION AND INSPECTION OF APPLICATION FOR LICENSING PRODUCTION, IMPORT AND USE OF BANNED INDUSTRIAL CHEMICALS

Article 24. List of banned chemicals

Entities producing, importing or using banned chemicals on the list specified in Clause 3 Article 3 herein for the purposes of national security and defense, epidemic prevention and control and in other special cases in the industry (hereinafter referred to as “producing, importing or  using banned chemicals”) shall obtain the Prime Minister s permission.

Article 25. Application for licensing production of banned chemicals

To produce banned chemicals, a producer shall submit 1 (one) set of application to the Prime Minister and another set to the Ministry of Industry and Trade (Vietnam Chemicals Agency). Each set of application includes documents stated in Article 17 herein and the following:

1. A completed application form according to the specimen in Appendix No. 8 attached hereto.

2. A written commitment on producing banned chemicals.

3. A written explanation on producing banned chemicals.

Article 26. Application for licensing import of banned chemicals

To import banned chemicals, an importer shall submit 1 (one) set of application to the Prime Minister and another set to the Ministry of Industry and Trade (Vietnam Chemicals Agency). Each set of application shall contain:

1. A completed application form according to the specimen in Appendix No. 9 attached hereto.

2. A valid copy of the License.

3. A report on the quantity of chemicals to be imported in the planned year.

4. A valid copy of an agreement on chemical sale and purchase concluded with a foreign enterprise.

Article 27. Application for licensing use of banned chemicals

To use banned chemicals, a user shall submit 1 (one) set of application to the Prime Minister and another set to the Ministry of Industry and Trade (Vietnam Chemicals Agency). Each set of application shall contain:

1. A completed application form according to the specimen in Appendix No. 10 attached hereto.

2. A valid copy of the Business Registration Certificate.

3.  A valid copy of the written approval of the environmental impact assessment report or the written confirmation of environmental safety commitment registration granted by the competent authority.

4. Valid copies of the written confirmation of eligibility for public order and the commitment to fulfillment of fire safety requirements submitted to the local fire department.

5. Construction designs of work items using banned chemicals.

6. A list of equipment for prevention and response to chemical-related incidents and personnel thereof.

7. A list of personal protective equipment to be made according to the specimen in Appendix No. 3 attached hereto.

8. A list of factories and warehouses of the banned chemical user.

9. A list of special-purpose vehicles and a valid copy of a permit of hazardous goods transport.

10. Safety data sheets of every hazardous chemical consumed by the user.

Article 28. Inspection of application for licensing production, import or use of banned chemicals

1. Inspection of an application for licensing production, import or use of banned chemicals consists of inspection of requirements for chemical production and trade specified in Article 11, Article 12 or Article 13 of the Law on Chemicals and documents included in applications of banned chemical producers, importers or users prescribed in Article 25, Article 26 or Article 27 herein.

2. Within 20 (twenty) working days from the day on which the valid application prescribed in Article 25, Article 26 or Article 27 herein is received, the Ministry of Industry and Trade (Vietnam Chemicals Agency) shall consider inspecting such application. The Ministry of Industry and Trade shall enclose a written inspection with its documents that are submitted to the Government.

3. Any producer, importer or user of banned chemicals that wishes to revise its current activities shall send a report and a written explanation on revision to the Ministry of Industry and Trade for inspecting before getting the Government’s approval.

Article 29. Management of producing, importing and using banned chemicals

1. Upon request, producers, importers and users of banned chemicals shall comply with regulations on production, import and use data checking conducted by the Ministry of Industry and Trade in coordination with relevant authorities.

2. Producers, importers and users of banned chemicals shall send reports on production, import and use of banned chemicals to the Ministry of Industry and Trade (Vietnam Chemicals Agency) before January 31 every year.

Contents of such report shall comply with Clause 2 Article 52 of the Law on Chemicals.

Chapter V

MEASURES AND PLANS FOR PREVENTION AND RESPONSE TO INCIDENTS RELATED TO INDUSTRIAL CHEMICALS

Article 30. Measures for prevention and response to chemical-related incidents (hereinafter referred to as “measures”)

1. Investors of projects that involve production, trade, use or storage of hazardous chemicals not on the list specified in Clause 1 Article 38 of the Law on Chemicals shall take measures suitable to production scale and conditions and properties of chemicals.

2. Investors of projects that involve production, trade, use or storage of hazardous chemicals (hereinafter referred to as “investors”) shall submit reports on implementation of the measures to the Departments of Industry and Trade of their provinces where their establishments are located as stipulated in Clause 1 Article 48 herein.

Article 31. Plans for prevention and response to chemical-related incidents (hereinafter referred to as “plans”)

1. Investors of projects that involve production, trade, use or storage of hazardous chemicals on the list of chemicals specified in Appendix IV of the Decree No. 108/2008/ND-CP with a volume exceeding the corresponding limit shall make plans and submit them to competent authorities for approval as stated in Clause 1 Article 34 herein.

2. Investors may themselves make or hire consultants to make plans.

3. A plan shall be presented under the guidance in the specimen provided in Appendix No. 11 attached hereto.

Article 32. Contents of plans

1. Contents of a plan shall be implemented according to Article 39 of the Law on Chemicals.

2. Requirements for specific contents of a plan are provided in Appendix No. 12 attached hereto.

Article 33. Application for approval of plans

1. A completed application form according to the specimen in Appendix No. 13 attached hereto.

2. 10 (ten) copies of the plan.  If more copies are required to meet inspection requirements, the investor shall additionally supply them at the request of an inspecting authority.

3. Other attachments (if any).

Article 34. Inspection and approval of plans

1. Inspecting and approving authorities

a) The Vietnam Chemicals Agency shall receive and inspect plans for investment projects on production, trade, use or storage of hazardous chemicals of group A and group B; and submit such plans to the Ministry of Industry and Trade for approval;

b) Departments of Industry and Trade of provinces shall receive, inspect and consider approving plans for investment projects on production, trade, use and storage of hazardous chemicals of group C;

c) Projects on production, trade, use or storage of hazardous chemicals shall be classified by their scales and characteristics under the Government s Decree No. 12/2009/ND-CP dated February 12, 2009 on management of construction projects.

2. Inspection of plans for prevention and response to chemical-related incidents

a) Pursuant to Clause 3 Article 40 of the Law on Chemicals, the time limit for inspecting and approving a plan is 30 (thirty) days from the day on which the valid application is received;

b) Within 7 (seven) days from the day on which the application is received, the receiving authority shall notify the investor in writing of the incompleteness or invalidity of his/her application and request supplementation thereof within a prescribed time limit;

c) Within 15 (fifteen) days from the day on which the inspection result is given by the inspection council, the application-receiving authority shall:

- Submit a plan if it is satisfactory to a competent authority for approval;

- Provide the investor with a written explanation if his/her plan is rejected;

- Notify the investor of necessary revisions to the plan (if any) and time limit for making such revisions. Procedures for inspection of the plan shall be as same as the previous ones.

A written approval of a plan shall be made according to the specimen in Appendix No. 13 attached hereto.

3. After the plan is approved, the investor shall send it to the fire prevention and fighting authority, local authority and sector managing authority or the management board of the industrial park, export-processing zone or economic zone in which his/her establishment is located.

Article 35. Operation of inspection councils

1. An inspection council of a plan shall be established under a decision of the head of a competent authority. An inspection council is composed of at least 9 (nine) members including: a chairman, a secretary, representative(s) of competent State authority, representative(s) of fire prevention and fighting authority, representative(s) of local authority and relevant experts. The inspection council shall inspect the plan and make written conclusion.

Such conclusion shall be made according to the specimen in Appendix 15 attached hereto;

2. An inspection council s operation shall make decisions through discussions. It shall cease operation and automatically dissolve as soon as the plan is approved.

Article 36. Meetings of inspection councils     

1. The council chairman shall organize an inspection meeting only when it is attended by at least 2/3 (two-thirds) of the council s total members.

2. Any member that is not able to attend the inspection meeting shall submit his/her written explanation to the council chairman.         

3. Within 5 (five) working days before the meeting is organized, documents related to the meeting including a plan approved by a competent authority shall be sent to all members of the council.

4. Members of the inspection council shall discuss contents of the plan and its relevant issues. The council chairman shall then conclude whether contents of the plan is eligible based on the consent of 2/3 (two-thirds) of the members attending the meeting.

5. The council secretary shall make a minutes of the inspection meeting which shall be signed by him/her and the council chairman..

Article 37. Inspection fees

1. Every investor shall pay for fees for inspection of a plan. Inspection fees shall be paid in a lump sum when the plan is submitted.

2. Rates, collection, transfer and management of inspection fees shall comply with the Ministry of Finance’s guidance.

Article 38. Management of measures or plans

1. In the execution of a project on production, trade, use or storage of hazardous chemicals, an investor shall meet all requirements for approved measures or plans.

2. Any change made during the course of construction that results in a change of approved safety requirements shall be reported to a competent authority by the investor.

3. Measures or plans shall be kept at establishments producing, trading, using or storing hazardous chemicals as a basis for making chemical safety plans.

4. Every year, investors shall make plans and organize drills for prevention and response to chemical-related incidents as stated in their measures or plans.

Chapter VI

TOXIC CHEMICAL SALE RECORDS; SAFETY DATA SHEETS; APPLICATION FOR REGISTRATION OF NEW CHEMICALS AND ASSESSMENT THEREOF; AND CONFIDENTIALITY OF CHEMICAL INFORMATION

Article 39. Toxic chemical sale records

1. Pursuant to Clause 1 and Clause 3 Article 23 of the Law on Chemicals, the sale of toxic chemicals shall be recorded in writing. The records have to be retained by the seller and the buyer and presented on request.

2. A toxic chemical sale records shall be made according to the specimen in Appendix No. 16 attached hereto.

Article 40. Safety data sheets

1. Chemicals that are classified as hazardous chemicals according to Clause 1 Article 29 of the Law on Chemicals and Article 16 and Article 17 of the Decree No. 108/2008/ND-CP shall be specified in safety data sheets.

2. According to Clause 2 Article 29 of the Law on Chemicals, producers or importers shall prepare safety data sheets before putting hazardous chemicals into use or sale in the market. Safety data sheet shall be given free of charge to hazardous chemical recipients right at the first-time delivery of the chemicals and upon changes in their contents as specified in Clause 3 this Article.

3. When scientific proof shows changes in hazardous properties of a chemical, entities having activities related to this chemical shall modify safety data sheets within 15 (fifteen) working days after obtaining new information. Producers and importers defined in Clause 2 this Article shall immediately supply modified safety data sheets to entities having activities related to this chemical. The date and contents of modification shall be indicated with clear marks to users of safety data sheets.

4. Producers and importers of hazardous chemicals shall keep safety data sheets of all hazardous chemicals currently in their establishments and produce these sheets if required, ensuring that information about safety date sheets is in available to all entities related to hazardous chemicals.

5. Form and contents of safety data sheets

a) A safety data sheet shall be made in Vietnamese enclosed with its original or an English version printed by the producer;

b) If a safety data sheet has multiple pages, they shall be numbered consecutively from the first page to the last one. The number on each page consists of the ordinal number of the page and the number showing the total pages of the safety data sheet with seals affixed by a producer or an importer;

c) A safety data sheet includes contents specified in Clause 3 Article 29 of the Law on Chemicals;

d) A safety data sheet shall be made according to the specimen in Appendix No. 17 attached hereto.

Article 41. Application for registration of new chemicals and assessment thereof

1. Application for registration of new chemicals

a) A new chemical may be put into use or sale in the market only after the result of its assessment by an assessing authority is obtained.

b) Application for registration of new chemicals is specified in Clause 2 Article 44 of the Law on Chemicals. To produce or import new chemicals, each producer or importer shall submit 2 (two) sets of applications to the Ministry of Industry and Trade (Vietnam Chemicals Agency);

c) If a new chemical is included in at least two foreign lists of chemicals, a producer or an importer shall submit an application with the following documents:

- A completed application form for registration of new chemicals;

- A summary report on chemical assessment together with a CAS number and a UN number of the new chemical in two aforesaid lists.

d) Within 30 (thirty) working days, a producer or an importer of new chemicals shall file documents as specified in Points b and c this Clause to the Ministry of Industry and Trade (Vietnam Chemicals Agency).

2. Assessment of new chemicals

a) Assessment of new chemicals shall be carried out by a scientific organization specialized in chemistry, medicine and environmental toxicology with professional qualifications appointed by the Minister of Industry and Trade;

b) Assessment results shall include information about properties of chemicals and information serving the making of safety data sheets for new chemicals with hazardous properties.

Article 42. Management of activities related to new chemicals

1. Entities having activities related to new chemicals as specified in Article 46 of the Law on Chemicals shall report theses activities to competent authorities and the Ministry of Industry and Trade (Vietnam Chemicals Agency).

Such report shall be made according to the specimen in Appendix No. 18 attached hereto.

2. If a new chemical has no serious effects or effects with the hazard different from the initial conclusions on its assessment within 5 (five) years from the day on which it is registered, it will be added to the national list of chemicals.

3. The Ministry of Industry and Trade (Vietnam Chemicals Agency) shall inspect and supervise the compliance with requirements for new chemicals; handle violations under law or carry out additional assessment of new chemicals when there is proof that such chemicals have serious effects different from assessment conclusions; and notify customs offices and relevant authorities of assessment results upon their conclusions.

Article 43. Confidentiality of information

1. Entities having chemical-related activities shall abide by regulations on information confidentiality as prescribed in Article 19 of the Decree No. 108/2008/ND-CP.

2. Entities receiving chemical declarations, registration applications or reports shall protect the confidentiality of information at the request of declarants or reporters, except for contents specified in Clause 1 Article 51 of the Law on Chemicals.

3. Entities receiving chemical declarations, registration applications or reports shall not send confidential information via the wide-area information network.

4. Officials responsible for performing information confidentiality duties shall make written commitments to protect information confidentiality, which shall be filed in their personnel dossiers. Such written commitments shall clearly indicate responsibilities of officials concerned, who shall be handled under applicable regulations for any violations.

5. When sending confidential information of entities having chemical-related activities that request information confidentiality, entities receiving chemical declarations, registration applications or reports shall:

a) Keep books for monitoring outgoing confidential information. In such a book, all the following items shall be fully filled in: ordinal numbers, date and place of receipt of information, main contents, level of confidentiality, level of urgency and signature and full name of the recipient. Outgoing confidential information documents shall be put in sealed envelopes;

b) Not put outgoing confidential information documents together with ordinary documents. Their envelopes shall be affixed with a mark showing the level of confidentiality.

6. Upon receiving confidential information, recipients shall give feedback to senders.

7. Incoming confidential information documents shall be recorded in a book for monitoring and shall be transferred to responsible persons for handling.

8. Confidential information documents shall be strictly stored in safe places designated by heads of concerned units. Confidential information documents may not be brought out of the unit s premises without permission. They shall be stored in file cabinets, desks or strongboxes with secure locks.

9. Any annulment of confidential information is subject to approval of a competent authority.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 44.Responsibilities of the Vietnam Chemicals Agency

Disseminate, provide guidelines, follow and inspect the implementation of this Circular; Periodically inspect requirements for production and trade of hazardous chemical production and trading establishments as specified in the License.

Article 45. Responsibilities of the Industrial Safety Techniques and Environment Agency

Instruct and inspect the implementation of safety techniques in production, trade, use or storage of hazardous industrial chemicals.

Article 46. Responsibilities of Departments of Industry and Trade

1. Disseminate and instruct chemical producers, traders and users in their provinces to implement this Circular.

2. b) Inspect requirements for hazardous chemical production and trade specified in the Certificate and handle administrative violations against chemical-related activities committed by entities in their provinces.

Article 47. Responsibilities of entities having chemical-related activities

1. Chemical producers and traders stipulated in Chapter III herein shall satisfy requirements for facilities corresponding to operating range and properties of chemicals as prescribed in Article 12 of the Law on Chemicals and this Circular.

2. Entities having chemical-related activities are only entitled to produce and trade in hazardous chemicals when satisfying all requirements and having their Certificates or Licenses issued by competent state authorities as specified herein.

3. Chemical organizations and individuals shall maintain the compliance with requirements for production and trade as specified in granted Certificates or Licenses.

4. Chemical organizations and individuals shall properly and fully comply with approved regulations on prevention and response to chemical-related incidents.

5. Chemical organizations and individuals shall create favorable conditions for competent authorities to inspect requirements for production and trade in chemicals as prescribed.

6. Chemical organizations and individuals shall conform to regulations of competent authorities on inspection.

Article 48. Periodic reports

1. Responsibilities of entities having chemical-related activities

a) Submit a biannual report before June 10 and an annual report before December 10 to a Department of Industry and Trade on:

- Production and trade in chemicals on the list of conditional industrial chemicals;

- Implementation of chemical safety in their establishments;

- Results of implementation of measures or plans related to chemicals of group C;

b) Submit a biannual report before June 01 and an annual report before December 01 to the Ministry of Industry and Trade (Vietnam Chemicals Agency) on:

- Production and trade in chemicals on the list of restricted industrial chemicals;

- Results of implementation of plans related to chemicals of group A and group B.

2. Each Department of Industry and Trade shall file a biannual report before June 15 and an annual report before December 15 to the Ministry of Industry and Trade (Vietnam Chemicals Agency) on chemical-related activities in its province as specified in Point a Clause 1 this Article.

3. Chemical safety shall be reported according to the specimen in Appendix No. 19 attached hereto.

Article 49. Actions against violations

1. In the process of production and trade in chemicals, chemical-related activities of any entity that fails to satisfy requirements specified in his/her granted Certificate or License shall be deemed to be illegal.

2. In the cases where the aforesaid entity fails to take prompt actions against violations of production and trade requirements specified in the Law on Chemicals and the Decree No. 108/2008/ND-CP and provisions herein, his/her granted Certificate or License shall be revoked according to Clause 2 Article 18 of the Law on Chemicals. Such entity shall be sanctioned depending on nature and seriousness of violations if violating against regulations on chemicals; or compensate if causing any damage as regulated by law.

3. Any competent authority or individual commits any violation against issuance of a Certificate or a License shall be administratively sanctioned under regulations of the Decree No. 90/2009/ND-CP dated October 20, 2009 on sanctions against administrative violations of chemical activities of face criminal prosecution.

Article 50. Effect

This Circular takes effect on August 16, 2010.

2. This Circular replaces the Circular No. 12/2006/TT-BCN dated December 22, 2006 by the Ministry of Industry (now known as the Ministry of Industry and Trade) on guiding the implementation of the Government’s Decree No. 68/2005/ND-CP dated May 20, 2005 on chemical safety.

3. As from January 01, 2011, hazardous chemical producers and traders shall follow procedures to apply for a Certificate or a License as prescribed herein.  Producers and traders that fail to meet requirements for production and trade in chemicals on the list of conditional industrial chemicals or restricted industrial chemicals specified in the Law on Chemicals, the Decree No. 108/2008/ND-CP and this Circular shall cease producing and trading in chemicals until they fully meet all prescribed requirements.

4. Any issues arising during the implementation shall be promptly reported to the Ministry of Industry and Trade.

Certified by the Minister of Industry and Trade

Tran Tuan Anh