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Vie98419 PDF
Vie98419 PDF
Vie98419 PDF
conditional production and trading means the list TCVN 5507:2002 Hazardous chemicals - Safety
of chemicals in Appendix 1 to this Circular. rules in production, trading, use, preservation and
2. List of industrial chemicals restricted from transportation; and current relevant laws,
production and trading means the list of standards and technical regulations.
chemicals in Appendix II to the Government's
Article 5. Conditions on workshops and
Decree No. I 08/2008/ND-CP of October 7, 2008, warehouses
detailing and guiding a number of articles of the
Law on Chemicals. 1. Locations
3. List of banned chemicals means the list of a/Workshops and warehouses must be located
chemicals in Appendix III to Decree No. 1081 in places suitable to planning conditions;
2008/ND-CP. bl Locations of chemical production
4. Cbemical trading means the performance workshops must be convenient for electricity and
of one, several or all of stages of the investment water supply. water drainage, pollution treatment
process, from production to sale or provision of and transport;
chemicals services on the market for earning cl Chemical workshops and warehouses may
profits. not be located close to residential areas. For
5. Valid copy means a copy notarized or chemical warehouses located within workshops
certified by a competent agency or organization. to serve production, their locations must satisfy
chemical preservation technology requirements.
6. Chemical Abstracts Service (CAS) code of
Chemical warehouses must be placed outside
a chemical means the sole sequence of numerals
production workshops;
assigned fer each chemical under the rules of the
CAS of the US Chemistry Association). d/ Warehouses must ensure easy access for
vehicles and fire engines.
7. United Nations (UN) number means a
number consisting of 4 numerals specified by 2. Arrangement of workshop and warehouse
the United Nations and used for the identification ground areas
of hazardous chemicals. The ground planning for workshops and
warehouses must ensure designing standards
Chapter II based on current Vietnamese construction
CONDITIONS ON PHYSICAL- regulations and standards regarding climate,
TECHNICAL FOUNDATIONS TO ASSURE hydrogeology, hydrometeorology, earthquake
SAFETY IN THE PRODUCTION AND zoning, fire and explosion prevention and fighting,
TRADING OF INDUSTRIAL CHEMICALS environmental protection and labor safety:
a/ On workshop ground areas, rational work
Article 4. Safety assurance in chemical items with clear functions must be arranged;
production and trading bl Workshop area must satisfy current
Industrial chemical producers and traders requirements on arrangement of production
must satisfy the conditions on workshops, equipment;
warehouses, equipment, vehicles and safe c/ Production workshop designs must ensure
operation under the Law on Chemicals; Articles that the indoor working environment reaches the
5, 6 and 7 of this Circular; Vietnam standard Health Ministry's standards on temperature,
have wastewater treatment systems. Treated systems suitable to the level of danger of
wastewater must satisfy QCVN 07: 20091 chemicals. For a chemical containing different
BTNMT - National technical regulation on hazardous properties, the caution sign must
hazardous waste limits; QCVN 24:20091 sufficiently express such properties;
BTNMT - National technical regulation on cl Operation at chemical warehouses must
industrial wastewater; and QCVN 25:20091 comply with strict safety and sanitation
BTNMT - National technical regulation on requirements to avoid such possible risks as fire
wastewater of solid waste landfills; or leakage;
cl Chemical workshops' and warehouses' d/ Warehouse keepers must apply instructions
solid wastes must comply with the Government's on chemical safety cards of all chemicals stored
Decree N'<>. 59/2OO7/ND-CP of April 9, 2007, and transported; instructions on safety and
on management of solid wastes. Chemical sanitation; and instructions upon occurrence of
workshops and warehouses must have tools for incidents;
collecting and transporting solid wastes out of el In a warehouse, hazardous substances must
production zones after each production shift.
be placed separately from areas where people
Waste storage places must be closed and isolated
regularly enter and exit; there must be spaces
from production zones.
between walls and chemical bales nearest to the
Article 7. Conditions on vehicles and safe walls, and internal passages which are airy and
operation accessible to inspection and fire fighting
equipment.
I. Chemical vehicles must satisfy current
technical standards on hazardous goods to be Chapter III
transported and the following requirements:
DOSSIERS AND PROCEDURES FOR
a/ Vehicles are designed to prevent leakage
GRANT OF CERTIFICATES OF OR
or dispersion of chemicals into the environment.
LICENSES FOR INDUSTRIAL CHEMICAL
During transportation, chemicals which can
PRODUCTION AND TRADING
cause reactions may not be stored together to
avoid danger;
Section I. DOSSIERS AND PROCEDURES
bl Chemicals must be stored in appropriate
FOR GRANT OF CERTIFICATES OF
packings and transported by special-use vehicles;
ELIGIBILITY FOR PRODUCTION AND
c/ Vehicles must bear warning and caution TRADING OF INDUSTRIAL CHEMICALS
signs. Wilen a vehicle transports different SUBJECT TO CONDITIONAL PRODUCTION
chemicals. the symbols of all chemicals must be AND TRADING
stuck on both sides and the rear of the vehicle.
2. Safe operation at chemical warehouses Article 8. Organizations granting certificates
a/ Chemical production establishments and of eligibility for chemical production and trading
chemical warehouses must have measures or Industry and Trade Departments of provinces
plans to prevent and respond to chemical or centrally run cities (below referred to as
incidents; Industry and Trade Departments) shall grant
bl Chemical production establishments must certificates of eligibility for production and
have internal rules on chemical safety and caution trading of industrial chemicals subject to
cl A list of special-use vehicles and a valid including leading and managerial staff,
copy of the license for transportation of technicians and employees directly engaged in
hazardous goods; the production, trading, preservation and
d/ A list of business places, If the trader has transportation of hazardous chemicals,
many business places for the same chemical, a 5, Valid copies of university degrees in
separate dossier shall be made for each business chemical or econo-technical disciplines of the
place under this Article and a certificate shall be director or deputy director in charge of technical
issued far all business places; matters; certificates of chemical-related skill
eI Chemical safety cards of all hazardous training of technicians, employees and laborers
chemicals of the trader. of the producer-trader.
3. Documents on conditions on traders 6, Health certificates issued by district- or
higher-level health establishments to the persons
aJ A list of staff members, made according to
defined in Clause 4 of this Article,
the form provided in Appendix 4 to this Circular,
including leading and managerial staff, 7, Documents specified at Points c, d and e,
technicians and employees directly engaged in Clause I; Points a, band c, Clause 2, Article 9;
the trading, preservation and transportation of and Points c and d, Clause 2, Article 10. of this
hazardous chemicals; Circular.
bl Valid copies of university degrees in Article 12. Grant of modified and
chemic, I or econo-technical disciplines of the supplemented certificates
director or deputy director in charge of technical
L In case of any change in the contents of a
matters; certificates of chemical-related skill
granted certificate, an organization or individual
training of technicians, employees and laborers
shall send a dossier of application for a modified
of the trader;
and supplemented certificate to the Industry and
cI Health certificates issued by district- or Trade Department
higher-level health establishments to the persons
2. Such a dossier comprises:
defined at Point a ofthis Clause,
al A written request for the certificate
Artidc 11. Certificate application dossiers of modification and supplementation;
producers cum-traders of chemicals subject to bl The granted original certificate;
conditiona I production and trading
cl Documents evidencing such request
For prbducers-cum-traders of chemicals
subject ILl conditional production and trading, a Article 13. Re-grant of certificates
certificate application dossier comprises: I, When a certificate is lost, burnt or otherwise
L An application for a certificate, destroyed, an organization or individual shall
2, A valid copy of the business registration send a dossier of request for certificate re-grant
certificate. to the Industry and Trade Department,
comprising:
3. Chemical safety cards of all hazardous
chemicals of the producer-trader. a/ A written request for certificate re-grant;
4.A list of staff members, made according to bl A valid copy of the certificate (if any),
the form provided in Appendix 4 to this Circular, 2, Thirty working days before a certificate
expires, an organization or individual shall send A certificate is valid for 5 (five) years from
a dossier of request for certificate re-grant to the the date of its grant. For an organization or
Industry and Trade Department, comprising: individual that has many business places, a
aI A written request for certificate re-grant; certificate must indicate all of these business
bl The granted certificate or its valid copy; places which are identified as satisfying
prescribed conditions.
cl A report on chemical production and trading
during the validity term of the certificate, Section 2, DOSSIERS AND PROCEDURES
indicating names of chemicals, their use FOR GRANT OF LICENSES FOR
purposes, volumes of produced, imported and PRODUCTION AND TRADING OF
used chemicals; volumes of chemicals INDUSTRIAL CHEMICALS RESTRICTED
warehoused, ex-warehoused and left in stock and FROM PRODUCTION AND TR.~DING
places of storage of chemicals; application of
safety measures; and other information (if any). Article 16. Organization granting licenses for
production and trading of chemicals restricted
Article 14. Certificate grant procedures
from production and trading
I. A certificate applicant shall send one
The Ministry ofIndustry and Trade may grant
dossier set to the Industry and Trade Department.
licenses for production and trading of industrial
2. Within 20 (twenty) days after receiving a chemicals restricted from production and trading
complete and valid dossier specified in Article (below referred to as licenses).
9, 10, lI, 12 or 13 of this Circular, the Industry
and Trade Department shall examine it and grant Article 17. Dossiers of application for new
a certificate according to the form provided in licenses applicable to producers of chemicals
Appendix 5 to this Circular to the applicant. restricted from production and tradi~
In case of refusal to grant a certificate, the I. Legal documents
Industry and Trade Department shall give a al An application for a Iicense, made
written reply clearly stating the reason. according to the form provided in Ap0'ndix 6 to
3. Within 5 (five) days after receiving a this Circular;
dossier which is incomplete or invalid, the
bl A valid copy of the business registration
Industry and Trade Department shall request in
certificate;
writing the applicant to supplement the dossier.
cl A valid copy of the decision approving an
4. Organizations and individuals that are
investment project to build production works
granted certificates shall pay a fee prescribed by
under the law on investment and construction
the Ministry of Finance.
management;
5. A chemical producing or trading
dI A valid copy of the decision approving an
establishment that renames itself but does not
environmental impact assessment report or the
change its production and trading conditions shall
written certification of environmental protection
send to the Industry and Trade Department a valid
commitment registration enclosed with a scheme,
copy of the enterprise-renaming decision and a
issued by a competent agency;
written request for certificate renewal.
el A valid copy of the certificate of satisfaction
Article 15. Validity term of a certificate of fire prevention and fighting conditions or the
record of inspection of the assurance of fire bl A valid copy of the business registration
prevention and fighting safety, issued by a certificate;
competent police office. c/ A valid copy of the certificate of satisfaction
2. Technical documents of fire prevention and fighting conditions or the
aJ A list of workshops and warehouses of the record of inspection of the assurance of fire
producer of hazardous chemicals; prevention and fighting safety, issued by a
competent police office;
bl A list of labor safety equipment, made
according to the form provided in Appendix 3 to dI A written certification of environmental
this Circulet; protection commitment registration, issued by a
competent agency.
cl A written announcement of regulation
conformity and a plan on regular supervision of 2. Technical documents
chemical quality based on chemical inspection aJAn explanatory document on the needs for
equipment or a contract on cooperation with a chemical trading;
capable chemical inspection body accredited by bl A list of workshops and warehouses of each
a competent state agency; trader of hazardous chemicals;
dJ Chemical safety cards of all hazardous cl A list of labor safety equipment, made
chemicals of the producer. according to the form provided in Appendix 3 to
3. Documents on conditions on producers this Circular;
aJ A list of staff members, made according to dI A list of special-use vehicles and a valid
the form provided in Appendix 4 to this Circular, copy of the license for transportation of
including leading and managerial staff, hazardous goods;
technicians and employees directly engaged in el A list of business places. If a trader has
the production, preservation and transportation many business places for the same chemical, a
of hazardous chemicals; separate dossier shall be made for each business
bl Valid copies of university degrees in place under this Article and a license shall be
granted for all business places;
chemica! disciplines of the director or deputy
director in charge oftechnical matters; certificates dI Chemical safety cards of all hazardous
of chemical-related skill training of technicians, chemicals of the trader.
employees and laborers of the producer; 3. Documents on conditions on traders
cl H~lSh certificates issued by district- or aI A list of staff members, made according to
higher-level health establishments to the persons the form provided in Appendix 4 to this Circular,
defined at Point a of this Clause. including leading and managerial staff,
technicians and employees directly engaged in
Article 18. Dossiers of application for new the trading, preservation and transportation of
licenses applicable to traders of chemicals hazardous chemicals;
restricted from production and trading
bl Valid copies of university degrees in
1. Legal documents chemical or econo-technical disciplines of the
al An application for a license, made director or deputy director in charge of technical
ll:cordjng to the form provided in Appendix 6 to matters; certificates of chemical-related skill
this Circular; training of technicians, employees and laborers
4. A list of staff members, made according to 2. Thirty working days before a license
the form provided in Appendix 4 to this Circular, expires, an organization or individual shall send
including leading and managerial staff, a dossier of request for license re-grant to the
technicians and employees directly engaged in Ministry of Industry and Trade (th<'l Chemical
the production, trading, preservation and Department), comprising:
transportation of hazardous chemicals. at A written request for license re-grant;
5. Valid copies of university degrees in bl The granted license or its valid ropy;
chemical or econo-technical disciplines of the cI A report on chemical production and trading
director or deputy director in charge of technical during the validity term of the granted license,
matters; certificates of chemical-related skill indicating names of chemicals, their use
training of technicians, employees and laborers purposes, volumes of prodnced, imported lII'Id
of the producer-trader. used chemicals: volumes of Chemicals
6. Health certificates issued by district- or warehoused, ex-warehoused and left inl;tca and
higher-level health establishments to the persons places of storage of chemicals: application of
defined in Clause 4 of this Article. safety measures; and other information (if any).
7. Documents specified at Points c, d and e,
Article 22. Licensing procedures
Clause I, and Points a, band c, Clause 2, Article
17; and Points a, d and e, Clause 2, Article 18, of J. A license applicant shall send one dossier
this Circular. set to the Ministry of Industry and Trade (the
Chemical Department).
Article 20. Grant of modified or
2. WIthin 20 (twenty) days after receiving a
supplemented licenses
complete and valid dossier specified in Article
I. In case of any change in the contents of a 17, 18, 19,20 or 21 of this Circular, the Ministry
granted license, an organization or individual ofIndustry and Trade (the Chemical Department}
shall send a dossier of request for license shall examine it and grant a license according to
the form provided in Appendix 7 to this Circular To produce. import or use banned chemicals
to the applicant on the list specified in Clause 3, Article 3 of this
When refusing to grant a license, the Ministry Circular for security, defense, epidemic
oflndustry and Trade (the Chemical Department) prevention and control and inother special cases
shall give a written reply clearly stating the in the industrial sector (below referred to as
reason. banned chemicals), organizations and individuals
shall seek the Prime Minister's permission.
3. Within 5 (five) days after receiving an
incomplete or invalid dossier, the Ministry of Article 25. Dossiers of request for permission
Industry and Trade (the Chemical Department) to produce banned chemicals
shall request in writing the applicant to
To produce banned chemicals, an
supplement the dossier.
organization or individual shall send 2 (two)
4. Organizations or individuals that are dossier sets to the Prime Minister and the
granted licenses shall pay a fee under the Finance Ministry of Industry and Trade (the Chemical
Ministry's regulations. Department). Such a dossier comprises
5. Chemical producers and traders conducting documents specified in Article 17 of this Circular
production and trading activities before the and the following:
effective date of this Circular without a license I. A written request for permission to produce
shall, if wi<;hing to continue these activities, carry banned chemicals, made according to the form
out license application procedures under this provided in Appendix 8 to this Circular.
Article.
2. A written commitment to producing banned
6. Producers and traders of chemicals chemicals.
restricted from production and trading that cease
3. An explanatory document on the needs for
production and trading activities or relocate their
banned chemicals.
production and trading places shall report thereon
in writing to the Ministry of Industry and Trade Article26. Dossiers of request for permission
(the Chemical Department). to import banned chemicals
4. A valid copy of the chemical trading 10. Chemical safety cards of all hazardous
contract with a foreign enterprise. chemicals of the user.
Article 27. Dossiers ofrequest for permission Article 28. Examination of dossiers ofrequest
to use banned chemicals for permission to produce, import or use banned
To use banned chemicals, an organization or chemicals
individual shall send 2 (two) dossier sets to the 1. Appraisal of chemical production and
Prime Minister and the Ministry of Industry and trading conditions specified in Articles 11. 12
Trade (the Chemical Department). Such a dossier and 13 of the Law on Chemicals and examination
comprises: of documents in application dossiers >pecified
I. A written request for permission to use in Articles 25, 26 and 27 of this Circular.
banned chemicals. indicating use purposes, scope 2. Within 20 (twenty) working days after
and places, made according to the form provided receiving a complete and valid dossier specified
in Appendix 10 to this Circular. in Article 25, 26 or 27 of this Cirtular, the
Ministry of Industry and Trade (the Chemical
2. A valid copy of the business registration
Department) shall examine the dossier. The
certificate.
Ministry of Industry and Trade's examination
3. A valid copy of the decision approving an document shall be enclosed with the dossier to
environmental impact assessment report or the be submitted to the Prime Minister.
written certification of environmental protection
3. An organization or individual that wishes
commitment registration, issued by a competent
to supplement or change activities of hisfher/its
authority.
current establishment shall send a report and a
4. A valid copy of the written certification of detailed explanation document on such
satisfaction of security and order conditions and supplementation or change to the Ministry of
the written approval of fire prevention and Industry and Trade for examination before
fighting or the record of inspection of the submitting it to the Prime Minister for approval,
assurance of fire prevention and fighting safety,
issued by a competent fire-fighting police office. Article 29. Management of production.
import and use of banned chemicals
5. Construction designs of work items using
banned chemicals. 1. Upon request, producers, importers and
users of banned chemicals shall comply with
6. A list of equipment for preventing and
regulations on production, import and 115t data
responding to chemical incidents and forces
checking conducted by the Ministry of Industly
responding to chemical incidents.
and Trade in coordination with concerned
7. A list of labor protection equipment, made agencies.
according to the form provided in Appendix 3 to 2. Producers, importers and users of banned
this Circular. chemicals shall send reports on the production.
8. A list of workshops and warehouses of the import and use of banned chemicals to the
user of banned chemicals. Ministry of Industry and Trade (the Chemical
9. A list of special-use vehicles and a valid Department) before January 31 every year.
copy of the license for transportation of The contents of such a report comply with
hazardous goods. Clause 2, Article 52 of the Law on Chemicals.
the Government's Decree No. 1212009IND-CP preservation of hazardous chemicals shall send it
of February 12, 2009, on management of work to the state management agency in charge of fire
construction investment projects. prevention and fighting, the local administration,
2. Appraisal of plans to prevent and respond the branch- or sector-managing agency and the
to chemical incidents management board of the industrial park, export-
processing zone or economic zone in which the
at Pursuant to Clause 3, Article 40 of the Law
establishment is located.
on Chemicals, the time limit for appraising and
approving a plan to prevent and respond to Article 35. Operation of an Appraisal Council
chemical incidents is 30 (thirty) days after the
1.A Council for appraising a chemic;}! incident
receiving agency receives a complete and valid
prevention and response plan shall be set up under
dossier;
a decision of the head of the agency with plan-
b/ Within 7 (seven) days after receiving a approving competence. This Council shall be
dossier, the receiving agency shall notify in composed at least 9 (nine) members, including
writing the investor of the project on production, the Chairman, secretary and other members being
trading, use, storage or preservation of hazardous representatives of concerned state rnanagemenr
chemicals of the incompleteness or invalidity of agencies, such as agency in charge of fire
the dossier and request supplementation thereof prevention and fighting and local adrrxaistrarion,
within a prescribed time limit; and experts. The Council shall assess and appraise
c/ Within 15 (fifteen) days after obtaining the the plan and make written conclusions.
Appraisal Council's conclusions and An Appraisal Council's conclusions shall be
assessments, the dossier-receiving agency shall: made according to the form provided inAppendix
- Submit the chemical incident prevention and 15 to this Circular.
response plan if it is satisfactory to a competent 2. An Appraisal Council shall operate on the
authority for approval; or, principle of collective discussion, It shall
- Notify the investor of the project on terminate operation and automatically dissolve
production, trading, use, storage or preservation after the appraised chemical incident prevention
of hazardous chemicals of the disapproval of his/ and response plan is approved.
her plan and clearly state the reason; or,
Article 36. Meetings of an Appraisal Council
- Notify the investor of the plan's details to
be completed and time limit for completion, in 1. The Council Chairman shall convene an
case such plan is required to be re-written. The appraisal meeting only when it is attended by at
appraisal order and procedures are the same as least 2/3 (two-thirds) of the Council's total
those for plans submitted for the first time, members.
A decision approving a plan to prevent and 2. When a Council member cannot attend an
respond to chemical incidents shall be made appraisal meeting, he/she shall send his/her
according to the form provided in Appendix 13 written opinions to the Council Chairman.
to this Circular. 3. An agency competent to appraise and
3, After a plan to prevent and respond to approve a chemical incident prevention and
chemical incidents is approved, the investor of the response plan shall send documents of a
project on production, trading, use, storage or Council's meeting to the Council members at
least 5 (five) working days before the meeting is hazardous chemicals. These measures or plans
convened. serve as a basis for making plans to manage
4. The Council members shall discuss the chemical safety in chemical production, trading,
contents of a chemical incident prevention and use, storage or preservation.
response plan and other relevant matters. The 4. Annually, investors of projects on
Council Chairman shall, based on the consent of production, trading, use, storage or preservation
2/3 (two-thirds) of members present at the of hazardous chemicals shall plan and organize
meeting, conclude on the plan's satisfaction or chemical incident prevention and response drills
non-satisfaction of set requirements. according to chemical incident prevention and
5. The Council secretary shall make a minutes response measures or plans.
of the rreeting, which must be signed by him!
her and the Council Chairman.
Chapter VI
TOXIC CHEMICAL TRADING CONTROL
Article 37. Appraisal charge
CARDS; MAKING OF CHEMICAL
1. Investors of projects on production, trading, SAFETY CARDS; REGISTRATION
use, storage or preservation of hazardous DOSSIERS AND ASSESSMENT OF NEW
chemicals shall pay once a charge for appraisal CHEMICALS; INFORMATION
of plans to prevent and respond to chemical CONFIDENTIALITY
incidents simultaneously with the time of
submission of plan dossiers. Article 39, Toxic chemical trading control
2. Rates, collection, remittance and use cards
management of the appraisal charge comply with I. Pursuant to Clauses I and 3, Article 23 of
the Finance Ministry's guidance. the Law on Chemicals, control cards must be
made for toxic chemical trading, which shall be
Article38. Management of measures or plans
kept by sellers and purchasers and must be
to prevent and respond to chemical incidents produced upon request.
1. In implementing an investment project on 2. A toxic chemical trading control card shall
production, trading, use, storage or preservation be made according to the form provided in
ofhazarcfous chemicals, the investor shall comply Appendix 16 to this Circular.
with the requirements in approved chemical
inCident prevention and response measures or Article 40. Making of chemical safety cards
plans. I. Chemical safety cards must be made for
2. In case changes in the course of investment chemicals classified as hazardous chemicals
or construction result in changes in the approved under Clause 1, Article 29 of the Law on
orcertified safety requirements, the investor shall Chemicals and Articles 16 and 17 of Decree No.
report such changes to the agency competent to I08/2008/ND-CP.
appCQve chemical incident prevention and 2. Pursuant to Clause 2, Article 29 of the Law
response plans for consideration and decision. on Chemicals, before putting hazardous
3. Chemical incident prevention and response chemicals into use or for sale in the market,
~es or plans shall be kept at establishments producers and importers shall make chemical
producing, trading, using, storing or preserving safety cards. These cards shall be handed free to
bl Send before June 1 and December 1, violations shall, depending on the severity of their
respectively, biannual and annual reports to the violations, be administratively sanctioned under
Ministry of Industry and Trade (the Chemical the Government's Decree No. 9012009/ND-CP
Department), on: of October 20, 2009, on sanctioning of
, Production and trading of chemicals administrative violations in chemical activities,
restricted from production and trading; or examined for penal liability.
- Situation and results of implementation of Article 50. Effect
pfans to prevent and respond to incidents of
I. This Circular takes effect on August 16,
c:IIemical. of groups A and B,
2010.
2, Industry and Trade Departments shall
2. This Circular supersedes Circular No. 121
summarize and report to the Ministry of Industry
2006fTT-BCN of December 22, 2006, of the
andTrade(!be Chemical Department) on chemical
Ministry of Industry (now the Ministry of
activities in localities under their management,
Industry and Trade), guiding the implementation
based on the contents specified at Point a, Clause
of the Government's Decree No. 68/2005/ND-
I of this Article, before June 15. for biannual
CP of May 20, 2005, on chemical safety.
reports, Cl December 15, for annual reports,
3. From January 1,2011, producers and traders
3, A chemical safety report shall be made
of hazardous chemicals shall carry out procedures
aecordin:: to the form provided in Appendix 19
to apply for certificates or licenses under this
to this Circular,
Circular. Organizations or individuals that fail to
Article 49. Handling of violations satisfy all the conditions on production and trading
of chemicals subject to conditional production and
1. Production and trading activities of
trading or chemicals restricted from production
organizations and individuals engaged in
and trading specified in the Law on Chemicals.
chemical activities that possess certificates or
Decree No. 108/2008/ND-CP and this Circular
licenses while failing to satisfy prescribed
shall cease producing and trading chemicals until
conditions will be regarded as illegal activities,
they fully satisfy the prescribed conditions.
2. If organizations or individuals that breach
4. Any problems arising in the course of
prodnctian and trading conditions specified in the
implementation should be promptly reported to
Law on Chemicals, Decree No. 108/2008/ND-CP
the Ministry ofIndustry and Trade for appropriate
and this Circular fail to promptly redress such
amendment or supplementation.
lxieaches, agencies that have granted certificates
or licensesto them shall revoke these certificates
or licenses under Clause 2, Article 18 of the Law For the Minister oflndustry and Trade
QI1 Chemicals. Violators of regulations on
Deputy Prime Minister
cllemical activities shall, depending on the nature NGUYEN NAM HAl
aM severity of their violations, be handled under
~ions. If causing damage, they shall pay
C6lYIP!lllSation under law.
3. Agencies or individuals responsible for * Note: All the appendices mentioned in this
,,~4ing certificates or licenses that commit Circular are not printed herein.-