27 October 2010 (2) - FAOLEX Databasefaolex.fao.org/docs/pdf/vie98419.pdf · 28,2010,specifyinga numberofarticles of the Law on Chemicals and the ... specified in Vietnam standard

Issue nos06-07iJuly 2010(Gong 8ao nos 402·403lJuly 18, 2010)

OFFICIAL GAZETTE 15

THE MINISTRIES

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 2812010rrT-BCT of June28,2010, specifyinga number of articlesof the Law on Chemicals and theGovernment's DecreeNo.108/2008lNDCP of October 7, 2008, detailing andguiding a number of articles of the Lawon Chemicals

THE MINISTER OF INDUSTRY AND

TRADE

Pursuant to the Government's Decree No.18912007/ND-CP of December 27, 2007,defining the functions, tasks, powers andorganizational structure of the Ministry ofIndustry and Trade;

Pursuant to the November 21, 2007 Law onChemicals;

Pursuant to the Government's Decree No.108/2008lND-CP of October 7, 2008, detailingand guiding a number ofarticles of the Law onChemicals;

The Ministry of Industry and Trade specifiesa number of articles of the Law on Chemicalsand the Government's Decree No. 108I2008lNDCP ofOctober 7. 2008, detailing and guiding anumber ofarticles of the Law on Chemicals, asfollows:

Chapter I

GENERAL PROVISIONS

Article 1, Scope of regulation

1. This Circular provides for:

al Conditions on physical-technical

foundations to assure safety in the productionand trading of industrial chemicals;

bl Dossiers and procedures for the grant ofcertificates of eligibility for production andtrading of industrial chemicals subject toconditional production and trading;

cl Dossiers and procedures for the grant oflicenses for production and trading of industrialchemicals restricted from production aod trading;

d! Compilation and appraisal of ~siers ofrequest for permission for production Import oruse of banned industrial chemicals;

el Measures to prevent and respond toindustrial chemical-related incidents andformulation of plans to prevent and respond tothese incidents;

fl Control cards of trading in toxic chemicals;making of chemical safety cards; registrationdossiers and assessment of new chemicals; andconfidentiality of chemical information.

2.Certificates ofeligibility for production andtrading of industrial chemicals subject toconditional production and trading Dr licensesfor production and trading of industrial chemicalsrestricted from production and trading specifiedin this Circular will not be granted for explosivepre-substances, petrol, oil and liquefiedpetroleum gas.

Article 2, Subjects of application.

This Circular applies to producers, traders andusers of industrial chemicals and organizationsand individuals involved in chemical activitiesin tbe territory of the Socialist Republic ofVietnam.

Article 3, Interpretation and terms andacronyms

In this Circular. the terms below are construedas follows:

I. List of industrial chemicals subject to

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16 OFFICIAL GAZETTE Issue nos 06-07/July 2010(G6ng BaD nos 402-403lJuly 18, 2010)

conditional production and trading means the listof chemicals in Appendix 1 to this Circular.

2. List of industrial chemicals restricted fromproduction and trading means the list ofchemicals in Appendix II to the Government'sDecree No. I08/2008/ND-CP of October 7, 2008,detailing and guiding a number of articles of theLaw on Chemicals.

3. List of banned chemicals means the list ofchemicals in Appendix III to Decree No. 10812008/ND-CP.

4. Cbemical trading means the performanceof one, several or all of stages of the investmentprocess, from production to sale or provision ofchemicals services on the market for earningprofits.

5. Valid copy means a copy notarized orcertified by a competent agency or organization.

6. Chemical Abstracts Service (CAS) code ofa chemical means the sole sequence of numeralsassigned fer each chemical under the rules of theCAS of the US Chemistry Association).

7. United Nations (UN) number means anumber consisting of 4 numerals specified bythe United Nations and used for the identificationof hazardous chemicals.

Chapter II

CONDITIONS ON PHYSICALTECHNICAL FOUNDATIONS TO ASSURE

SAFETY IN THE PRODUCTION ANDTRADING OF INDUSTRIAL CHEMICALS

Article 4. Safety assurance in chemicalproduction and trading

Industrial chemical producers and tradersmust satisfy the conditions on workshops,warehouses, equipment, vehicles and safeoperation under the Law on Chemicals; Articles

5, 6 and 7 of this Circular; Vietnam standard

TCVN 5507:2002 Hazardous chemicals - Safetyrules in production, trading, use, preservation andtransportation; and current relevant laws,standards and technical regulations.

Article 5. Conditions on workshops andwarehouses

1. Locations

a/Workshops and warehouses must be locatedin places suitable to planning conditions;

bl Locations of chemical productionworkshops must be convenient for electricity andwater supply. water drainage, pollution treatmentand transport;

cl Chemical workshops and warehouses maynot be located close to residential areas. Forchemical warehouses located within workshopsto serve production, their locations must satisfychemical preservation technology requirements.Chemical warehouses must be placed outsideproduction workshops;

d/ Warehouses must ensure easy access forvehicles and fire engines.

2. Arrangement of workshop and warehouseground areas

The ground planning for workshops andwarehouses must ensure designing standardsbased on current Vietnamese constructionregulations and standards regarding climate,hydrogeology, hydrometeorology, earthquakezoning, fire and explosion prevention and fighting,environmental protection and labor safety:

a/ On workshop ground areas, rational workitems with clear functions must be arranged;

bl Workshop area must satisfy currentrequirements on arrangement of productionequipment;

c/ Production workshop designs must ensurethat the indoor working environment reaches the

Health Ministry's standards on temperature,

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OFFICIAL GAZETTE 17

humidity and wind speed;

dI In-workshop passages must be arrangedrationally for safe transportation withinworkshops and for fire fighting. Workshops musthave walls separating them from the outside;

el The designing of chemical warehousesmust observe safety rules, reducing to the utmostfire or spill risks and ensuring separation ofsubstances that may cause chemical reactions;

fl Warehouses shall be designed depending ontypes of chemicals to be preserved and classifiedby explosion, fire-explosion and fire risks asspecified in Vietnam standard TCVN 2622:1995.Such designing must comply with Vietnameseconstruction regulations and relevant standards.In addition to general provisions on work structure,chemical warehouses shall be designed accordingto fire and explosion prevention and fightingstandards regarding fire resistance, fire separation,emergency exit, fire alarm and fighting systems,and fire prevention watch.

3. Structure and arrangement of works

aI Closed and wide areas must have twodirection emergency exits, which are clearlyinstructed (in signboards or plans, etc.) anddesigned to ensure convenient use in emergencycases. Exit doors must be easy to open in thedark or thick smoke;

bl Warehouses must have open ventilationsystems on their roofs, on walls below the roofsor near the floors;

cl Warehouse floors must be impermeable,even, non-slip and have no cracks for storingleaked water, spilt liquids or contaminatedfirefighting water or forming surrounding edges;

dl Warehouse construction and heat-proofmaterials must be refractory and warehouseframes must be firmly reinforced with concreteor steel.

Article 6. Conditions on equipment

1. Production equipment

aI Production equipment must satisfy generalsafety requirements according to current Vietnamstandards;

bl Production equipment must be regularlymaintained and cleaned;

cl Their technical parameters must beinspected and there must be safety systems fortheir users. .

2. Safety equipment and facilities

al Lighting facilities and other electricequipment must be installed at necessary piace£.Temporary installation is disallowed. All electricequipment and facilities must be earthed.;l.~a circuit breaker to operate upon electricityleakage and prevent overload;

bl Refractory materials must be used forsolvent storage places with low Ignitiontemperature or fine chemical dust;

cl Sufficient equipment and instruments mustbe furnished at chemical production and tmdingestablishments to respond to incidents. Firewarning and fighting systems must be installedat appropriate places and regularly inspected toensure their readiness for use.

3. Emission and waste treatment systems

aI Chemical workshops and warehouses mustnot emit into the air hazardous substances, ClIUSe

noise or other harmful elements in excess of thecurrent prescribed levels regarding environmentalsanitation. Chemical workshops' and warel1olile5'emissions must satisfy QCVN 19:200WBlNMr- National technical regulation on indll&lrialemissions for dust and inorganic substances;QCVN 20:2009/BTNMT - National teclm~regulationon industrialemissions for some ocgIlllksubstances; and QCVN 21 :2009/BTNMT National technical regulation on industrialemissions from production of chemical ferti1 izeB;

bl Chemical workshops and warehouses must

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have wastewater treatment systems. Treatedwastewater must satisfy QCVN 07: 20091BTNMT - National technical regulation onhazardous waste limits; QCVN 24:20091BTNMT - National technical regulation onindustrial wastewater; and QCVN 25:20091BTNMT - National technical regulation onwastewater of solid waste landfills;

cl Chemical workshops' and warehouses'solid wastes must comply with the Government'sDecree N'<>. 59/2OO7/ND-CP of April 9, 2007,on management of solid wastes. Chemicalworkshops and warehouses must have tools forcollecting and transporting solid wastes out ofproduction zones after each production shift.Waste storage places must be closed and isolatedfrom production zones.

Article 7. Conditions on vehicles and safeoperation

I. Chemical vehicles must satisfy currenttechnical standards on hazardous goods to betransported and the following requirements:

a/ Vehicles are designed to prevent leakageor dispersion of chemicals into the environment.During transportation, chemicals which cancause reactions may not be stored together toavoid danger;

bl Chemicals must be stored in appropriatepackings and transported by special-use vehicles;

c/ Vehicles must bear warning and cautionsigns. Wilen a vehicle transports differentchemicals. the symbols of all chemicals must bestuck on both sides and the rear of the vehicle.

2. Safe operation at chemical warehouses

a/ Chemical production establishments andchemical warehouses must have measures orplans to prevent and respond to chemicalincidents;

bl Chemical production establishments must

have internal ruleson chemical safety and caution

systems suitable to the level of danger ofchemicals. For a chemical containing differenthazardous properties, the caution sign mustsufficiently express such properties;

cl Operation at chemical warehouses mustcomply with strict safety and sanitationrequirements to avoid such possible risks as fireor leakage;

d/ Warehouse keepers must apply instructionson chemical safety cards of all chemicals storedand transported; instructions on safety andsanitation; and instructions upon occurrence ofincidents;

el In a warehouse, hazardous substances mustbe placed separately from areas where peopleregularly enter and exit; there must be spacesbetween walls and chemical bales nearest to thewalls, and internal passages which are airy andaccessible to inspection and fire fightingequipment.

Chapter III

DOSSIERS AND PROCEDURES FORGRANT OF CERTIFICATES OF OR

LICENSES FOR INDUSTRIAL CHEMICALPRODUCTION AND TRADING

Section I. DOSSIERS AND PROCEDURESFOR GRANT OF CERTIFICATES OF

ELIGIBILITY FOR PRODUCTION ANDTRADING OF INDUSTRIAL CHEMICALS

SUBJECT TO CONDITIONAL PRODUCTIONAND TRADING

Article 8. Organizations granting certificatesof eligibility for chemical production and trading

Industry and Trade Departments of provincesor centrally run cities (below referred to asIndustry and Trade Departments) shall grantcertificates of eligibility for production and

trading of industrial chemicals subject to


Issue nos 06·07fJuly 2010(Gong Baanos 402-403lJuly 18,2010)

OFFICIAL GAZETTE 19

conditional production and trading (belowreferred to as certificates).

Article 9. Dossiers of application for newcertificates applicable to producers of chemicalssubject to conditional production and trading

1. Legal documents

al An application for a certificate, madeaccording to the form provided in Appendix 2 tothis Circular;

bl A valid copy of the business registrationcertificate;

cl A valid copy of the decision approving aninvestment project to build production worksunder the law on investment and constructionmanagement;

d/ A valid copy of the decision approving anenvironmental impact assessment report Dr thewritten certification of environmental protectioncommitment registrationenclosed with a scheme,granted by a competent agency;

ei A valid copy of the certificate of satisfactionof fire prevention and fighting conditions or therecord of inspection of the assurance of fireprevention and fighting safety, granted by acompetent police office.

2. Technical documents

aJ A list of workshops and warehouses of theproducer of hazardous chemicals;

bl A list of labor safety equipment, madeaccording to the form provided in Appendix 3 tothis Circular;

cl A written announcement of regulationconformity and a plan on regular supervision ofchemical quality based on chemical inspectionequipment or a contract on cooperation with acapable chemical inspection body accredited bya competent state agency;

dl Chemical safety cards of all hazardous

chemicals of the producer.

3. Documents on conditions on producers

aJ A list of staff members, made according tothe form provided in Appendix 4 to this Circular.including leading and managerial staff,technicians and employees directly engaged inthe production, preservation and transportationof hazardous chemicals;

bl Valid copies of university degrees inchemical disciplines of the director or deputydirector in charge of technical matters; certificatesof chemical-related skill training of technicians.employees and laborers of the producer:

cl Health certificates issued by district- orhigher-level health establishments tothe personsdefined at Point a of this Clause.

Article 10. Dossiers of application for newcertificates applicable to traders of chemicalssubject to conditional production and trading

1. Legal documents

al An application for a certificate, madeaccording to the form provided in Appendix 2 tothis Circular;


clA valid copy of the certificateofg(isfactionof fire prevention and fighting conditions or therecord of inspection of the assurance of fireprevention and fighting safety, issued by acompetent police office;

d/ A written certification of environmentalprotection commitment registration, issued by acompetent agency.


aJ A list of workshops and warehouses of eachtrader of hazardous chemicals;

bl A list of labor safety equipment, madeaccording to the form provided in Appendix 3 tothis Circular;


20 OFFICIAL GAZETTE Issue nos 06·07/July 2010(Gong BaD nos 402·403lJu/y 18,2010)

cl A list of special-use vehicles and a validcopy of the license for transportation ofhazardous goods;

d/ A list of business places, If the trader hasmany business places for the same chemical, aseparate dossier shall be made for each businessplace under this Article and a certificate shall beissued far all business places;

eI Chemical safety cards of all hazardous

chemicals of the trader.

3. Documents on conditions on traders

aJ A list of staff members, made according tothe form provided in Appendix 4 to this Circular,including leading and managerial staff,technicians and employees directly engaged inthe trading, preservation and transportation ofhazardous chemicals;

bl Valid copies of university degrees inchemic, I or econo-technical disciplines of thedirector or deputy director in charge of technicalmatters; certificates of chemical-related skilltraining of technicians, employees and laborersof the trader;

cI Health certificates issued by district- orhigher-level health establishments to the personsdefined at Point a ofthis Clause,

Artidc 11. Certificate application dossiers ofproducers cum-traders of chemicals subject toconditiona I production and trading

For prbducers-cum-traders of chemicalssubject ILl conditional production and trading, acertificate application dossier comprises:

L An application for a certificate,

2, A valid copy of the business registrationcertificate.

3. Chemical safety cards of all hazardouschemicals of the producer-trader.

4.A list of staff members, made according to

the form provided in Appendix 4 to this Circular,

including leading and managerial staff,technicians and employees directly engaged inthe production, trading, preservation andtransportation of hazardous chemicals,

5, Valid copies of university degrees inchemical or econo-technical disciplines of thedirector or deputy director in charge of technicalmatters; certificates of chemical-related skilltraining of technicians, employees and laborersof the producer-trader.

6, Health certificates issued by district- orhigher-level health establishments to the personsdefined in Clause 4 of this Article,

7, Documents specified at Points c, d and e,Clause I; Points a, band c, Clause 2, Article 9;and Points c and d, Clause 2, Article 10. of thisCircular.

Article 12. Grant of modified andsupplemented certificates

L In case of any change in the contents of agranted certificate, an organization or individualshall send a dossier of application for a modifiedand supplemented certificate to the Industry andTrade Department

2. Such a dossier comprises:

al A written request for the certificatemodification and supplementation;

bl The granted original certificate;

cl Documents evidencing such request

Article 13. Re-grant of certificates

I, When a certificate is lost, burnt or otherwisedestroyed, an organization or individual shallsend a dossier of request for certificate re-grantto the Industry and Trade Department,comprising:

a/ A written request for certificate re-grant;

bl A valid copy of the certificate (if any),

2, Thirty working days before a certificate


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OFFICIAL GAZETTE 21

expires, an organization or individual shall senda dossier of request for certificate re-grant to theIndustry and Trade Department, comprising:

aI A written request for certificate re-grant;

bl The granted certificate or its valid copy;

cl A report on chemical production and tradingduring the validity term of the certificate,indicating names of chemicals, their usepurposes, volumes of produced, imported andused chemicals; volumes of chemicalswarehoused, ex-warehoused and left in stock andplaces of storage of chemicals; application ofsafety measures; and other information (if any).

Article 14. Certificate grant procedures

I. A certificate applicant shall send onedossier set to the Industry and Trade Department.

2. Within 20 (twenty) days after receiving acomplete and valid dossier specified in Article9, 10, lI, 12 or 13 of this Circular, the Industryand Trade Department shall examine it and granta certificate according to the form provided inAppendix 5 to this Circular to the applicant.

In case of refusal to grant a certificate, theIndustry and Trade Department shall give awritten reply clearly stating the reason.

3. Within 5 (five) days after receiving adossier which is incomplete or invalid, theIndustry and Trade Department shall request inwriting the applicant to supplement the dossier.

4. Organizations and individuals that aregranted certificates shall pay a fee prescribed bythe Ministry of Finance.

5. A chemical producing or tradingestablishment that renames itself but does notchange its production and trading conditions shallsend to the Industry andTrade Department a validcopy of the enterprise-renaming decision and awritten request for certificate renewal.

Article 15. Validity term of acertificate

A certificate is valid for 5 (five) years fromthe date of its grant. For an organization orindividual that has many business places, acertificate must indicate all of these businessplaces which are identified as satisfyingprescribed conditions.

Section 2, DOSSIERS AND PROCEDURESFOR GRANT OF LICENSES FOR

PRODUCTION AND TRADING OFINDUSTRIAL CHEMICALS RESTRICTED

FROM PRODUCTION AND TR.~DING

Article 16. Organization granting licenses forproduction and trading of chemicals restrictedfrom production and trading

The Ministry ofIndustry and Trade may grantlicenses for production and trading of industrialchemicals restricted from production and trading(below referred to as licenses).

Article 17. Dossiers of application for newlicenses applicable to producers of chemicalsrestricted from production and tradi~

I. Legal documents

al An application for a Iicense, madeaccording to the form provided in Ap0'ndix 6 tothis Circular;


cl A valid copy of the decision approving aninvestment project to build production worksunder the law on investment and constructionmanagement;

dI A valid copy of the decision approving anenvironmental impact assessment report or thewritten certification of environmental protectioncommitment registration enclosed with a scheme,issued by a competent agency;

elA validcopy of thecertificate of satisfaction

of fire prevention and fighting conditions or the


22 OFFICIAL GAZETTE Issue nos 06-07/July 2010(Gong BaD nos402·403lJuly 18, 2010)

record of inspection of the assurance of fireprevention and fighting safety, issued by acompetent police office.


aJA list of workshops and warehouses of theproducer of hazardous chemicals;

bl A list of labor safety equipment, madeaccording to the form provided in Appendix 3 tothis Circulet;

cl A written announcement of regulationconformity and a plan on regular supervision ofchemical quality based on chemical inspectionequipment or a contract on cooperation with acapable chemical inspection body accredited bya competent state agency;

dJ Chemical safety cards of all hazardouschemicals of the producer.

3. Documents on conditions on producers

aJA list of staff members, made according tothe form provided in Appendix 4 to this Circular,including leading and managerial staff,technicians and employees directly engaged inthe production, preservation and transportationof hazardous chemicals;

bl Valid copies of university degrees inchemica! disciplines of the director or deputydirector in charge oftechnical matters; certificatesof chemical-related skill training of technicians,employees and laborers of the producer;

cl H~lSh certificates issued by district- orhigher-level health establishments to the personsdefined at Point a of this Clause.

Article 18. Dossiers of application for newlicenses applicable to traders of chemicalsrestricted from production and trading

1. Legal documents

al An application for a license, madell:cordjng to the form provided in Appendix 6 to

this Circular;


c/ A valid copy of the certificate ofsatisfactionof fire prevention and fighting conditions or therecord of inspection of the assurance of fireprevention and fighting safety, issued by acompetent police office;

dI A written certification of environmentalprotection commitment registration, issued by acompetent agency.


aJAn explanatory document on the needs forchemical trading;

bl A list ofworkshops and warehouses of eachtrader of hazardous chemicals;

cl A list of labor safety equipment, madeaccording to the form provided in Appendix 3 tothis Circular;

dI A list of special-use vehicles and a validcopy of the license for transportation ofhazardous goods;

el A list of business places. If a trader hasmany business places for the same chemical, aseparate dossier shall be made for each businessplace under this Article and a license shall begranted for all business places;

dI Chemical safety cards of all hazardouschemicals of the trader.

3. Documents on conditions on traders

aIA list of staff members, made according tothe form provided in Appendix 4 to this Circular,including leading and managerial staff,technicians and employees directly engaged inthe trading, preservation and transportation ofhazardous chemicals;

bl Valid copies of university degrees inchemical or econo-technical disciplines of thedirector or deputy director in charge of technicalmatters; certificates of chemical-related skill

training of technicians, employees and laborers


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OFFICIAL GAZETTE

of the trader;

cl Health certificates issued by district- orhigher-level health establishments to the personsdefined at Point a of this Clause.

Article 19. Dossiers of application forlicenses applicable to producers-cum-traders ofchemicals restricted from production and trading

For producers-cum-traders of chemicalsrestricted from production and trading, a licenseapplication dossier comprises:

I. An application for a license.

2. A valid copy of the business registrationcertificate.

3. Chemical safety cards of all hazardouschemicals of the producer-trader.

4. A list of staff members, made according tothe form provided in Appendix 4 to this Circular,including leading and managerial staff,technicians and employees directly engaged inthe production, trading, preservation andtransportation of hazardous chemicals.

5. Valid copies of university degrees inchemical or econo-technical disciplines of thedirector or deputy director in charge of technicalmatters; certificates of chemical-related skilltraining of technicians, employees and laborersof the producer-trader.

6. Health certificates issued by district- orhigher-level health establishments to the personsdefined in Clause 4 of this Article.

7. Documents specified at Points c, d and e,Clause I, and Points a, band c, Clause 2, Article17; and Points a, d and e, Clause 2, Article 18, ofthis Circular.

Article 20. Grant of modified orsupplemented licenses

I. In case of any change in the contents of agranted license, an organization or individual

shall send a dossier of request for license

modification or supplementation to the Ministryof Industry and Trade,

2. Such a dossier comprises:

atA written request for license modificationor supplementation;

bl The granted original license;

cl Documents evidencing such request.

Article 21. Re-grant of licenses

1. When a license is lost, burnt or -'therwisedestroyed, an organization or individual shallsend a dossier of request for license re-grant tothe Ministry of Industry and Trade, cornprising:

atA written request for license re-grant;

bl A valid copy of the license (if anj').2. Thirty working days before a license

expires, an organization or individual shall senda dossier of request for license re-grant to theMinistry of Industry and Trade (th<'l ChemicalDepartment), comprising:

atA written request for license re-grant;

bl The granted license or its valid ropy;

cIA report on chemical production and tradingduring the validity term of the granted license,indicating names of chemicals, their usepurposes, volumes of prodnced, imported lII'Idused chemicals: volumes of Chemicalswarehoused, ex-warehoused and left inl;tca andplaces of storage of chemicals: application ofsafety measures; and other information (if any).

Article 22. Licensing procedures

J. A license applicant shall send one dossierset to the Ministry of Industry and Trade (theChemical Department).

2. WIthin 20 (twenty) days after receiving acomplete and valid dossier specified in Article17, 18, 19,20 or 21 of this Circular, the MinistryofIndustry and Trade (the Chemical Department}

shall examine it and grant a license according to

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the form provided in Appendix 7 to this Circularto the applicant

When refusing to grant a license, the Ministryoflndustry and Trade (the Chemical Department)shall give a written reply clearly stating thereason.

3. Within 5 (five) days after receiving anincomplete or invalid dossier, the Ministry ofIndustry and Trade (the Chemical Department)shall request in writing the applicant tosupplement the dossier.

4. Organizations or individuals that aregranted licenses shall pay a fee under the FinanceMinistry's regulations.

5. Chemical producers and traders conductingproduction and trading activities before theeffective date of this Circular without a licenseshall, if wi<;hing to continue these activities, carryout license application procedures under thisArticle.

6. Producers and traders of chemicalsrestricted from production and trading that ceaseproduction and trading activities or relocate theirproduction and trading places shall report thereonin writing to the Ministry of Industry and Trade(the Chemical Department).

Article23, Validity of a license

A license is valid for 3 (three) years from thedate of its llrant For an organization or individualwith many business places, a license mustindicate aJ I of these business places which areidentified as satisfying the prescribed conditions.

Chapter IV

COMPILATION AND APPRAISAL OFDOSSIERS OF REQUEST FOR

PERMISSION TO PRODUCE, IMPORT ORUSE BANNED INDUSTRIAL CHEMICALS

Article24. List of banned chemicals

To produce. import or use banned chemicalson the list specified in Clause 3, Article 3 of thisCircular for security, defense, epidemicprevention and control and inother special casesin the industrial sector (below referred to asbanned chemicals), organizations and individualsshall seek the Prime Minister's permission.

Article25. Dossiers of request for permissionto produce banned chemicals

To produce banned chemicals, anorganization or individual shall send 2 (two)dossier sets to the Prime Minister and theMinistry of Industry and Trade (the ChemicalDepartment). Such a dossier comprisesdocuments specified in Article 17 of this Circularand the following:

I. A written request for permission to producebanned chemicals, made according to the formprovided in Appendix 8 to this Circular.

2. A written commitment to producing bannedchemicals.

3. An explanatory document on the needs forbanned chemicals.

Article26. Dossiers of request for permissionto import banned chemicals

To import banned chemicals, an organizationor individual shall send 2 (two) dossier sets tothe Prime Minister and the Ministry of Industryand Trade (the Chemical Department). Such adossier comprises:

I. A written request for permission to importbanned chemicals, indicating the needs for andtime of import, made according to the formprovided in Appendix 9 to this Circular.

2. A valid copy of the license for productionand trading of chemicals restricted fromproduction and trading.

3. A report on the volume of chemicals to beimported in the plan year.


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OFFICIAL GAZETTE 25

4. A valid copy of the chemical tradingcontract with a foreign enterprise.

Article 27. Dossiers ofrequest for permissionto use banned chemicals

To use banned chemicals, an organization orindividual shall send 2 (two) dossier sets to thePrime Minister and the Ministry of Industry andTrade (the Chemical Department). Such a dossiercomprises:

I. A written request for permission to usebanned chemicals. indicating use purposes, scopeand places, made according to the form providedin Appendix 10 to this Circular.

2. A valid copy of the business registrationcertificate.

3. A valid copy of the decision approving anenvironmental impact assessment report or thewritten certification of environmental protectioncommitment registration, issued by a competentauthority.

4. A valid copy of the written certification ofsatisfaction of security and order conditions andthe written approval of fire prevention andfighting or the record of inspection of theassurance of fire prevention and fighting safety,issued by a competent fire-fighting police office.

5. Construction designs of work items usingbanned chemicals.

6. A list of equipment for preventing andresponding to chemical incidents and forcesresponding to chemical incidents.

7. A list of labor protection equipment, madeaccording to the form provided in Appendix 3 tothis Circular.

8. A list of workshops and warehouses of theuser of banned chemicals.

9. A list of special-use vehicles and a valid

copy of the license for transportation ofhazardous goods.

10. Chemical safety cards of all hazardouschemicals of the user.

Article 28. Examination of dossiers ofrequestfor permission to produce, import or use bannedchemicals

1. Appraisal of chemical production andtrading conditions specified in Articles 11. 12and 13of the Law on Chemicals and examinationof documents in application dossiers >pecifiedin Articles 25, 26 and 27 of this Circular.

2. Within 20 (twenty) working days afterreceiving a complete and valid dossier specifiedin Article 25, 26 or 27 of this Cirtular, theMinistry of Industry and Trade (the ChemicalDepartment) shall examine the dossier. TheMinistry of Industry and Trade's examinationdocument shall be enclosed with the dossier tobe submitted to the Prime Minister.

3. An organization or individual that wishesto supplement or change activities of hisfher/itscurrent establishment shall send a report and adetailed explanation document on suchsupplementation or change to the Ministry ofIndustry and Trade for examination beforesubmitting it to the Prime Minister for approval,

Article 29. Management of production.import and use of banned chemicals

1. Upon request, producers, importers andusers of banned chemicals shall comply withregulations on production, import and 115t datachecking conducted by the Ministry of Industlyand Trade in coordination with concernedagencies.

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

The contents of such a report comply withClause 2, Article 52 of the Law on Chemicals.


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Chapter V

CHEMICAL INCIDENT PREVENTIONAND RESPONSiE MEASURES AND PLANS

Article 30. Chemical incident prevention andresponse measures

I, Investors ofprojects on production, trading,use. storage and preservation of hazardouschemicals not on the list specified in Clause I,Article 38 of the Law on Chemicals shall workout chemical incident prevention and responsemeasures suitable to production scale andconditions and properties of chemicals,

2. Investors of projects on production, trading,use, storage and preservation of hazardouschemica Is shall report on the application ofmeasures 1.P prevent and respond to chemicalincidents.to Industry and Trade Departments oflocalities where they locate their establishmentsunder Clause I, Article 48 of this Circular.

Article 31. Making of chemical incidentprevention and response plans

1.Investors of projects on production, trading,use, storage and preservation of hazardouschemicals on the list of chemicals specified inAppendix IV to Decree No. I08/2008/ND-CPwith a voimne exceeding the corresponding limitshall work out chemical incident prevention andresponse plans and submit them to competentauthorities for approval under Clause 1, Article34 of this Circular.

2. Investors of projects on production, trading,use, storage and preservation of hazardouschemicals may themselves make or hireconsultants to make chemical incident preventionand response plans.

3. A chemical incident prevention andresponse plan shall be presented under theguidance in the form provided in Appendix II

to this Circular.

Article 32. Contents of a chemical incidentprevention and response plan

1. The contents of a chemical incidentprevention and response plan comply withArticle39 of the Law on Chemicals.

2. Requirements on the specific contents of aplan to prevent and respond to chemical incidentsare provided in Appendix 12 to this Circular.

Article 33. Dossier of request for approvalof a plan to prevent and respond to chemicalincidents

I. A written request of the investor of a projecton production, trading, use, storage orpreservation of hazardous chemicals, madeaccording to the form provided in Appendix 13to this Circular.

2. Ten (10) copies of the plan. If more copiesare required to meet appraisal requirements. theinvestor shall additionally supply them at therequest of the appraising agency.

3. Attached documents (if any).

Article 34. Appraisal or approval of plans toprevent and respond to chemical incidents

I. Appraising or approving agencies

aJ The Chemical Department shall receive andappraise plans to prevent and respond to chemicalincidents for group-A and group-B investmentprojects on production. trading, use, storage orpreservation of hazardous chemicals and submitthese plans to the Minister of Industry and Tradefor approval;

bl Industry and Trade Departments shallreceive. appraise and approve plans to preventand respond to chemical incidents under groupC investment projects on production, trading. use,storage or preservation of hazardous chemicals;

c/ Projects on production, trading, use, storageor preservation of hazardous chemicals shall be

classified by their size and characteristics under


Issue nos 0li-07/July 2010(Gong BaD nos 402-403lJuly 18, 2010;

OFFICIAL GAZETTE 27

the Government's Decree No. 1212009IND-CPof February 12, 2009, on management of workconstruction investment projects.

2. Appraisal of plans to prevent and respondto chemical incidents

atPursuant to Clause 3, Article 40 of the Lawon Chemicals, the time limit for appraising andapproving a plan to prevent and respond tochemical incidents is 30 (thirty) days after thereceiving agency receives a complete and validdossier;

b/ Within 7 (seven) days after receiving adossier, the receiving agency shall notify inwriting the investor of the project on production,trading, use, storage or preservation of hazardouschemicals of the incompleteness or invalidity ofthe dossier and request supplementation thereofwithin a prescribed time limit;

c/ Within 15 (fifteen) days after obtaining theAppraisal Council's conclusions andassessments, the dossier-receiving agency shall:

- Submit the chemical incident prevention andresponse plan if it is satisfactory to a competentauthority for approval; or,

- Notify the investor of the project onproduction, trading, use, storage or preservationof hazardous chemicals of the disapproval of his/her plan and clearly state the reason; or,

- Notify the investor of the plan's details tobe completed and time limit for completion, incase such plan is required to be re-written. Theappraisal order and procedures are the same asthose for plans submitted for the first time,

A decision approving a plan to prevent andrespond to chemical incidents shall be madeaccording to the form provided in Appendix 13to this Circular.

3, After a plan to prevent and respond tochemical incidents is approved, the investor of the

project on production, trading, use, storage or

preservation of hazardous chemicals shall send itto the state management agency in charge of fireprevention and fighting, the local administration,the branch- or sector-managing agency and themanagement board of the industrial park, exportprocessing zone or economic zone in which theestablishment is located.

Article 35. Operation of an Appraisal Council

1.ACouncil for appraisinga chemic;}! incidentprevention and response plan shall be set up undera decision of the head of the agency with planapproving competence. This Council shall becomposed at least 9 (nine) members, includingthe Chairman, secretary and other members beingrepresentatives of concerned state rnanagemenragencies, such as agency in charge of fireprevention and fighting and local adrrxaistrarion,and experts. The Council shall assess and appraisethe plan and make written conclusions.

An Appraisal Council's conclusions shall bemade according to the form provided inAppendix15 to this Circular.

2. An Appraisal Council shall operate on theprinciple of collective discussion, It shallterminate operation and automatically dissolveafter the appraised chemical incident preventionand response plan is approved.

Article 36. Meetings of an Appraisal Council

1. The Council Chairman shall convene anappraisal meeting only when it is attended by atleast 2/3 (two-thirds) of the Council's totalmembers.

2. When a Council member cannot attend anappraisal meeting, he/she shall send his/herwritten opinions to the Council Chairman.

3. An agency competent to appraise andapprove a chemical incident prevention andresponse plan shall send documents of a

Council's meeting to the Council members at

© VIETNAM LAW &LEGAL FORUM

28 OFFICIAL GAZETTE Issue nos 06-07/July 2010(C6ng BaD nos 402-403lJuly 18, 2010)

least 5 (five) working days before the meeting isconvened.

4. The Council members shall discuss thecontents of a chemical incident prevention andresponse plan and other relevant matters. TheCouncil Chairman shall, based on the consent of2/3 (two-thirds) of members present at themeeting, conclude on the plan's satisfaction ornon-satisfaction of set requirements.

5.The Council secretary shall make a minutesof the rreeting, which must be signed by him!her and the Council Chairman.

Article 37. Appraisal charge

1. Investors of projects on production, trading,use, storage or preservation of hazardouschemicals shall pay once a charge for appraisalof plans to prevent and respond to chemicalincidents simultaneously with the time ofsubmission of plan dossiers.

2. Rates, collection, remittance and usemanagement of the appraisal charge comply withthe Finance Ministry's guidance.

Article38. Management of measures or plansto prevent and respond to chemical incidents

1. In implementing an investment project onproduction, trading, use, storage or preservationofhazarcfous chemicals, the investor shall complywith the requirements in approved chemicalinCident prevention and response measures orplans.

2. In case changes in the course of investmentor construction result in changes in the approvedorcertified safety requirements, the investor shallreport such changes to the agency competent toappCQve chemical incident prevention andresponse plans for consideration and decision.

3. Chemical incident prevention and response~es or plans shall be kept at establishments

producing, trading, using, storing or preserving

hazardous chemicals. These measures or plansserve as a basis for making plans to managechemical safety in chemical production, trading,use, storage or preservation.

4. Annually, investors of projects onproduction, trading, use, storage or preservationof hazardous chemicals shall plan and organizechemical incident prevention and response drillsaccording to chemical incident prevention andresponse measures or plans.

Chapter VI

TOXIC CHEMICAL TRADING CONTROLCARDS; MAKING OF CHEMICALSAFETY CARDS; REGISTRATION

DOSSIERS AND ASSESSMENT OF NEWCHEMICALS; INFORMATION

CONFIDENTIALITY

Article 39, Toxic chemical trading controlcards

I. Pursuant to Clauses I and 3, Article 23 ofthe Law on Chemicals, control cards must bemade for toxic chemical trading, which shall bekept by sellers and purchasers and must beproduced upon request.

2.A toxic chemical trading control card shallbe made according to the form provided inAppendix 16 to this Circular.

Article 40. Making of chemical safety cards

I. Chemical safety cards must be made forchemicals classified as hazardous chemicalsunder Clause 1, Article 29 of the Law onChemicals and Articles 16 and 17 of Decree No.I08/2008/ND-CP.

2. Pursuant to Clause 2, Article 29 of the Lawon Chemicals, before putting hazardouschemicals into use or for sale in the market,producers and importers shall make chemical

safety cards. These cards shall be handed free to


Issue nos06-07lJuly 2010(Gong Bso nos 402-403lJuJy 18, 2010)

OFFICIAL GAZETTE

recipients of hazardous chemicals right at thefirst-time delivery of the chemicals and uponchanges in their contents as specified in Clause3 of this Article.

3. When scientific proof shows changes inhazardous properties of a chemical, organizationsor individuals carrying out activities related tothis chemical shall modify chemical safety cardswithin 15 (fifteen) working days after obtainingnew information. Producers and importersdefined in Clause 2 of this Article shallimmediately supply modified cards toorganizations and individuals related to thischemical. The date and contents of modificationmust be indicated with clear marks to users ofchemical safety cards.

4. Producers and importers of hazardouschemicals shall preserve chemical safety cardsof all hazardous chemicals currently in theirestablishments and produce these cards uponrequest, ensuring that information on suchchemicals in their safety cards is readily availableto all entities related to hazardous chemicals.

5. Form and contents of a chemical safetycard

at A chemical safety card must be printed inVietnamese enclosed with the original or Englishversion of the producer;

bl For a chemical safety card consisting ofmany pages, such pages must be numberedconsecutively from the first to the last. Thenumber on each page consists of the ordinalnumber of the page and the number showing thetotal pages of the card. The card's every twoadjoining pages shall be appended with theproducer's or importer's stamp on their inneredges;

clA chemical safetycard contains the contentsspecified in Clause 3, Article 29 of the Law onChemicals;

dl A chemical safely card shall be madeaccording to the form provided in Appendix 17

to this Circular.

Article 41. Registration dossiers of andorganizations assessing new chemicals

1. Registration dossier of new chemicals

aI A new chemical may be put into use orsale in the market only after the result of itsassessment by an assessing organization isobtained;

bl A registration dossier of a new chemicalshall be compiled under Clause 2, Artiele 44 ofthe Law on Chemicals. To produce or import anew chemical, an organization cr individual.shailsend 2 (two) dossier sets of registranoo of newchemical to the Ministry of Industry llI'Id Trade(the Chemical Department);

clTo produce or import a new chemical whichhas been included on at least two foreign lists ofchemicals, an organization or indivxkial shallsend a registration dossier comprising:

- A written registration of a new chemical;

- A summary report on the chemical'sassessment, enclosed with the CAS of UN ClXIeof the new chemical in such two lists,

d/ To produce or import a new chemical, lilt

organization or individual shall submit dossiersand documents specified at Points b and c of thisClause to the Ministry ofIndustry and 1,rade(theChemical Department) within 30 (thirty) worltiIllldays.

2. Organizations assessing new chemicals

al New chemicals shall be assessed byprofessionally capable chemical, medical am.environmental toxicology organizationsdesignated by the Minister of Industry and Trade;

bl Assessment results include information onproperties of chemicals and information servingthe making of chemical safety cards for newchemicals with hazardous properties.

Article 42. Management of activities related


30 OFFICIAL GAZETTE Issue nos 06·07/July2010(Gong Bao nos 402·403lJuly 18,2010)

to new chemicals

1. Organizations and individuals engaged inactivities related to new chemicals specified inArticle 46 of the Law on Chemicals shall reportthese activities to line ministries and the Ministryof Industry and Trade (the ChemicalDepartment),

A report on a new chemical shall be madeaccording 10 the form provided in Appendix 18to this Circular.

2. Five (5) years after a new chemical isregistered if it has no serious effects or effectswith a danger level different from the initialconclusions on its assessment, it will be addedto the national list of chemicals.

3, The Ministry of Industry and Trade (theChemical Department) shall inspect andsupervise the compliance with conditions on newchemicals: handle violations under law orconduct additional assessment of new chemicalswhen then: is proof that such chemicals haveserious effects different from assessmentconclusions; and notify customs offices andconcerned agencies of assessment results uponconcluding the assessment.

Article43. Information confidentiality

1. Organizations and individuals engaged inchemical activities shall comply with regulationson inforrrnrtion confidentiality under Article 19of Decree No. 10812008/ND-CP,

2. Agencies and persons receiving chemicaldeclarations, registrations or reports shall keepsecret confidential information at the request ofdeclaring, registering and reporting parties,except the case specified in Clause I, Article 5Iof the Law on Chemicals.

3. Agencies and persons receiving chemicaldeclarations, registrations or reports may not send

confidential information via the wide-area

information network.

4. Cadres and civil servants assigned toperform information confidentiality duties shallmake a written commitments to protectinginformation confidentiality, which shall be filedin their personnel dossiers. Such a writtencommitment must clearly indicateresponsibilities of the cadre or civil servantconcerned. who shall be handled under currentregulations for any violations.

5. When sending confidential information oforganizations and individuals engaged inchemical activities that request informationconfidentiality, agencies and persons receivingchemical declarations, registrations or reports:

a! Shall keep books for monitoring outgoingconfidential information. In such a book. all thefollowing items must be fully filled in: ordinalnumber, date and place of receipt of information,main content. level of confidentiality. level ofurgency and signature and full name of therecipient. Outgoing confidential informationdocuments must be put in sealed envelopes;

bl May not put outgoing confidentialinformation documents together with ordinarydocuments. Their envelopes must be appendedwith a mark showing the level of confidentiality.

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

7. Incoming confidential informationdocuments must be recorded in a book formonitoring incoming confidential informationand transferred to responsible persons forhandling.

8. Confidential information documents mustbe strictly preserved in safe places designatedby heads of concerned units. Confidentialinformation documents may not be brought outof the unit's premises without permission. They

must be stored in document chests, deSKS or safeswith secure locks.


Issue nos 06·07/July 2010(Gong Bao nos 402-403lJuly 18, 2010)

OFFICIAL GAZETTE

9. Destruction of confidential information issubject to approval of a competent authority.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 44. Responsibilities of the ChemicalDepartment

To disseminate. guide, monitor and inspectthe implementation of this Circular. Toperiodically inspect production and tradingconditions of hazardous chemical producers andtraders as specified in licenses for production andtrading of industrial chemicals restricted fromproduction and trading.

Article 45. Responsibilities of the IndustrialSafety Techniques and Environment Agency

To guide and inspect the observance of safetytechniques in production, trading, use, storageand preservation of hazardous industrialchemicals.

Article 46. Responsibilities of Industry andTrade Departments

I. To disseminate this Circular to and guidechemical producers, traders and users in localitiesin implementing this Circular.

2. To inspect and examine conditions onproduction and trading of hazardous chemicalsspecified in certificates of eligibility forproduction and trading of industrial chemicalssubject to conditional production and trading, andhandle under regulations organizations andindividuals engaged in chemical activities inlocalities under their management that commitadministrative violations in chemical activities.

Article 47. Responsibilities of organizationsand individuals engaged in chemical activities

I. Chemical producers and traders defined in

Chapter III of this Circular must satisfy

conditions on physical-technical foundationssuitable to their operation scale and propertiesof chemicals under Article 12 of the Law onChemicals and this Circular.

2. Organizations and individuals engaged inchemical activities may produce and trade inhazardous chemicals only when they are fullyqualified and possess certificates or licensesgranted by competent state agencies under thisCircular.

3. Organizations and individualltoogaged inchemical activities shall maintain production andtrading conditions indicated in the. grantedcertificates or licenses during chemicalproduction and trading.

4. Organizations and individuals engaged illchemical activities shall properly and fullycomply with approved regulations on preventionand response to chemical incidents.

5. Organizations and individuals engaged inchemical activities shall create f~vorable

conditions for competent agencies ill inspectchemical production and trading conditi ons WIderregulations.

6. Organizations and individuals engaged inchemical activities shall observe competentagencies' regulations on examination andinspection.

Article 48. Regular reporting

1. Organizations and individuals engaged inchemical activities shall:

aJ Send before June 10 and December 10.respectively, biannual and annual reports toIndustry and Trade Departments, on:

- Production of and trading in chemicalssubject to conditional production and trading;

- Chemical safety at their establishments;

- Situation and results of implementation of

measures or plans 10 prevent and respond toincidents of group-C chemicals;


32 OFFICIAL GAZETTE Issue nos Q6·07IJuly 201 0(Gong Beonos 402-403lJuly 18,2010)

bl Send before June 1 and December 1,respectively, biannual and annual reports to theMinistry of Industry and Trade (the ChemicalDepartment), on:

, Production and trading of chemicalsrestricted from production and trading;

- Situation and results of implementation ofpfans to prevent and respond to incidents ofc:IIemical. of groups A and B,

2, Industry and Trade Departments shallsummarize and report to the Ministry of IndustryandTrade(!be ChemicalDepartment) on chemicalactivities in localities under their management,based on the contents specified at Point a, ClauseI of this Article, before June 15. for biannualreports, Cl December 15, for annual reports,

3, A chemical safety report shall be madeaecordin:: to the form provided in Appendix 19to this Circular,

Article 49. Handling of violations

1. Production and trading activities oforganizations and individuals engaged inchemical activities that possess certificates orlicenses while failing to satisfy prescribedconditions will be regarded as illegal activities,

2. If organizations or individuals that breachprodnctian and trading conditions specified in theLawon Chemicals, Decree No. 108/2008/ND-CPand this Circular fail to promptly redress suchlxieaches, agencies that have granted certificatesor licensesto them shall revoke these certificatesor licenses under Clause 2, Article 18 of the LawQI1 Chemicals. Violators of regulations oncllemical activities shall, depending on the natureaM severity of their violations, be handled under~ions. If causing damage, they shall payC6lYIP!lllSation under law.

3. Agencies or individuals responsible for,,~4ing certificates or licenses that commit

violations shall, depending on the severity of theirviolations, be administratively sanctioned underthe Government's Decree No. 9012009/ND-CPof October 20, 2009, on sanctioning ofadministrative violations in chemical activities,or examined for penal liability.

Article 50. Effect

I. This Circular takes effect on August 16,2010.

2. This Circular supersedes Circular No. 1212006fTT-BCN of December 22, 2006, of theMinistry of Industry (now the Ministry ofIndustry and Trade), guiding the implementationof the Government's Decree No. 68/2005/NDCP of May 20, 2005, on chemical safety.

3. From January 1,2011, producers and tradersof hazardous chemicals shall carry out proceduresto apply for certificates or licenses under thisCircular. Organizations or individuals that fail tosatisfy all the conditions on production and tradingof chemicals subject to conditionalproduction andtrading or chemicals restricted from productionand trading specified in the Law on Chemicals.Decree No. 108/2008/ND-CP and this Circularshall cease producing and trading chemicals untilthey fully satisfy the prescribed conditions.

4. Any problems arising in the course ofimplementation should be promptly reported tothe Ministry ofIndustry and Tradefor appropriateamendment or supplementation.

For the Minister oflndustry and TradeDeputy Prime MinisterNGUYEN NAM HAl

* Note: All the appendices mentioned in thisCircular are not printed herein.-
