THE GOVERNMENT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 82/2022/ND-CP
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Hanoi, October 18, 2022
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DECREE
AMENDMENTS TO SOME ACTICLES OF GOVERNMENT’S DECREE
NO.113/2017/ND-CP DATED OCTOBER 09, 2017 SPECIFYING AND PROVIDING
GUIDELINES FOR IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW ON CHEMICALS
Pursuant to the
Law on Government Organization of Vietnam dated June 19, 2015; the Law on
amendments to some Articles of the Law on Government Organization of Vietnam
and Law on Local Government Organization of Vietnam dated November 22, 2019;
Pursuant to the
Law on Chemicals dated November 21, 2007;
Pursuant to the
Law on prevention and control of narcotic substances dated March 30, 2021;
Pursuant to the
Law on Investment dated June 17, 2020;
At the request of
the Minister of Industry and Trade;
The Government
promulgates a Decree on amendments to some Articles of Government’s Decree
No.113/2017/ND-CP dated October 09, 2017 specifying and providing
guidelines for implementation of certain Articles of the Law on Chemicals.
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1. Clause
11 Article 1 of Decree No. 113/2017/ND-CP amended in Clause 1, Article 8 of
Government's Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to
some Articles of Decrees relevant to necessary business conditions in fields
under the management of the Ministry of Industry and Trade shall be amended as
follows:
“11. The following products
are not chemicals covered by this Decree:
a) Pharmaceuticals;
germicidal and insecticidal preparations; cosmetics;
b) Feeds;
veterinary drugs; agrochemicals; organic fertilizers, biofertilizers, chemical
fertilizers that are mixed fertilizers, organic mineral fertilizers,
bio-mineral fertilizers; products used for preservation and processing of
agricultural products, forestry products, fishery products and foods;
c) Radioactive substances;
building materials; paints, printing ink;
d) Household adhesives and
cleaning products;
dd) Gasoline, oil according
to regulations on gasoline and oil; condensate and naphtha used for gasoline
and oil processing.”
2. Clause 3 Article 9 shall be amended as follows:
“3.
Organizations and individuals other than the organizations and individuals
specified in Article 10a of this Decree may only produce or trade in
conditional industrial chemicals after having the certificate of eligibility
issued by a competent authority and shall fulfill the requirements stated in
Clause 1 or Clause 2 this Article throughout the production or trading. In case
the certificate holder no longer fulfills such requirements, the certificate
shall be revoked according to the regulations of Clause 2 Article 18 of the Law
on Chemicals
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“Article
10. Application and procedure for issuance of certificate of eligibility for
production or trade in conditional industrial chemicals (hereinafter referred
to as “certificate”)
1. An application for issuance of certificate of eligibility for production includes:
a) A written request for issuance of the certificate of eligibility for production;
b) A copy of either of the
enterprise/cooperative/household business registration certificate;
c) A copy of Decision on
approval or written confirmation of documents related to environmental
protection issued by the competent state authority according to regulations of
the Law;
d) A copy of written
approval for the result of acceptance of fire safety and fighting of the fire
safety and firefighting authority for each manufacturing facility subject to
appraisal and approval for the design in fire safety and fighting;
A
record of inspection of fire safety or a document that proves thereof issued by
the competent authority for each manufacturing facility that is not subject to
compulsory appraisal and approval for the design in fire safety and fighting;
dd)
An overall floor plan of the factory and warehouse. Contents of the floor plan
shall provide information about the location of the factory or warehouse,
chemical storage areas, area and path to the factory, chemical production areas
and warehouse. A copy of the document that proves the right to use the land
plot used for construction of the factory/warehouse or the factory/warehouse
lease contract
e) A declaration of
technical equipment and personal protective equipment in the manufacturing
facility;
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h) A copy of Decision on
recognition of the results of inspection of training in chemical safety of the
organization or individual as prescribed at Point dd, Clause 4, Article 34 of
this Decree;
i) Safety data sheets of
every hazardous chemical in the manufacturing facility according to
regulations.
2. An application for issuance of certificate of eligibility for trade
includes:
a) A written request for issuance of the certificate of eligibility for trade;
b) A copy of either of the enterprise/cooperative/household
business registration certificate;
c)
A list of each chemical store;
d) A copy of Decision on approval or written confirmation of
documents related to environmental protection issued by the competent state
authority according to regulations of the Law;
dd) A copy of written approval for the result of acceptance
of fire safety and fighting of the fire safety and firefighting authority for
each chemical warehouse subject to appraisal and approval for the design in fire safety and
fighting;
A record of inspection of fire safety or a document that
proves thereof issued by the competent authority for each chemical warehouse that is
not subject to compulsory appraisal and approval for the design in fire safety
and fighting;
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g) A declaration of technical equipment and personal
protective equipment in each store;
h) A copy of the
intermediate school’s diploma or higher qualification in chemicals of the
person who is responsible for chemical safety;
i) A copy of Decision on recognition of the results of
inspection of training in chemical safety of the organization or individual as
prescribed at Point dd, Clause 4, Article 34 of this Decree;
k) Safety data sheets of every hazardous chemical in the
store according to regulations.
3. An application for issuance of certificate includes:
a) A written request for issuance of the certificate;
b) A copy of either of the enterprise/cooperative/household
business registration certificate;
c) A list of each chemical facility;
d) A copy of Decision on approval or written confirmation of
documents related to environmental protection issued by the competent state
authority according to regulations of the Law for each manufacturing facility or warehouse;
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A record of inspection of fire safety or a document that
proves thereof issued by the competent authority for each manufacturing facility or warehouse that
is not subject to compulsory appraisal and approval for the design in fire
safety and fighting;
e) An overall floor plan of each chemical facility. Contents of the
floor plan shall provide information about the location of the factory or
warehouse, chemical storage areas, area and path to the factory, chemical
production areas and warehouse. A copy of the document that proves the right to
use the land plot used for construction of the manufacturing facility or
warehouse or the warehouse/factory lease contract or the chemical purchase
agreement or contract in case the chemical store uses the warehouse of the
chemical buyer or seller;
g) A declaration of
technical equipment and personal protective equipment in each chemical
manufacturing facility or store (hereinafter referred to as "chemical
facility");
h) A copy of the bachelor's degree or higher degree in
chemicals of the technical director, deputy director or technician who takes
charge in chemical production of the manufacturing facility. A copy of
the intermediate school’s diploma or higher qualification in chemicals of the
person who is responsible for chemical safety;
i) A copy of Decision on recognition of the results of
inspection of training in chemical safety of the organization or individual as
prescribed at Point dd, Clause 4, Article 34 of this Decree;
k) Safety data sheets of every hazardous chemical in the chemical facility according
to regulations.
4. The
Department of Industry and Trade of the province where the headquarter of the
applicant is located shall inspect, issue, reissue or revise the certificate to
the applicant
5. Procedure for appraisal or issuance of the certificate:
a) The applicant which
applies for issuance of the Certificate shall make an application and send it
by post or in person or via the online public service system to the
certificate-issuing authority according to regulations of Clause 4 of this
Article;
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c) Within 12 working days
from the date of receipt of the valid application specified in Clauses 1, 2 and
3 of this Article, in case the chemical facility of the applicant is located in
the same province where the headquarter of the applicant is located, the
certificate-issuing authority shall inspect and consider the application, carry
out a site inspection and grant the Certificate for the applicant. If the application is rejected, the
certificate-issuing authority shall provide the applicant with a written
explanation;
d) Within 03 working days from the date of receipt of the
valid application specified in Clauses 1, 2 and 3 of this Article, in case the
chemical facility
of the applicant is located in the province other than the province where the
headquarter of the applicant is located, the certificate-issuing authority
shall send a copy of the application of the applicant to the Department
of Industry and Trade of province where the chemical
facility of the applicant is
located for collection of opinions Within
09 working days from the date of receipt of the copy of the application, the
Department of Industry and Trade of province where the chemical facility of the applicant is located shall carry out
site inspection at the chemical facilities in
its province and provide written opinions about the satisfaction of conditions
specified in Clauses 1 and 2, Article 9 of this Decree. The certificate-issuing authority
shall consider and appraise the application and issue the Certificate to
the applicant within 03 working days from the date of receipt of the document
on satisfaction of requirements from the Department of Industry and Trade of
province where the chemical facility of
the applicant is located and send to the Department of Industry and Trade of
province where the chemical facility of
the applicant is located for cooperation in management. The form of the
certificate is provided in Appendix VI attached hereto. If the application is rejected, the certificate-issuing authority shall
provide the applicant with a written explanation;
6. Application and procedures for re-issuance of the
certificate:
a)
The applicant shall make an application for reissuance of the certificate and
send it, by post, in person or through the online public service system, to the
certificate-issuing authority in case of loss, damage, wrong information or any
change to information about registration of establishment of the applicant
b) The application for
reissuance of the certificate shall include a written request for reissuance of
the certificate; an authentic copy of certificate which has been issued in case
of wrong information or any change in information about the applicant and the
remaining part of the authentic copy of certificate that is identifiable in
case of damage;
c) Within 05 working days
from the date of receipt of the valid application, the certificate-issuing
authority shall inspect and reissue the certificate to the applicant and send a
copy of the certificate to the Department of Industry and Trade of the province
where the chemical facility of the applicant is located. If the application is rejected, the
certificate-issuing authority shall provide the applicant with a written
explanation;
7. Application and procedures for revision of the certificate
a) The applicant shall make
an application for revision of the certificate and send it, by post, in person
or through the online public service system, to the certificate-issuing
authority in case of any change to the location of the applicant's facility;
type, scale or classification of chemicals that have been produced or sold
b) An application for
revision to the certificate shall include a written request for revision to the
certificate; an authentic copy of certificate which has been issued; the
documents that prove the fulfillment of conditions for production or trade for
the revised contents
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8. The
Department of Industry and Trade of province where the applicant’s chemical
facility is located shall carry out inspections and supervision of the
compliance with regulations on conditions for production or trade of
conditional industrial chemicals of the applicant under its management.
9. The
Ministry of Industry and Trade shall carry out periodic or ad hoc inspections
(if necessary) of compliance with regulations on conditions for production or
trade of conditional industrial chemicals of the applicant under its management
10. Responsibility
of the applicant for the certificate
a) Fulfill the requirements
specified in Article 9 herein throughout the process of chemical-related
activities
b) Retain the certificate
which has been issued at the chemical facility as the basic for supervision of
the safety at the chemical facility and present it to competent authorities if
required;
c) Make reports in
accordance with regulations of Clause 1 and Clause 2 Article 36 herein.
11. a) The forms in the
application for issuance, re-issuance and revision and the forms of certificate
have been provided in Appendix VI enclosed with this Decree.''.
4. Article 10a shall be added
after Article 10 as follows:
“Article
10a. Cases that are not subject to issuance of the certificate
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2. The
concentration of a chemical on the List of conditional industrial chemicals in
a mixture is less than 0.1%.”
5. Clause 11a shall be added after Clause 11 as follows:
“Article 11a. Management and control of use of industrial precursor chemicals
1. The
organizations and individuals that use industrial precursor chemicals to
produce other products and goods shall comply with regulations of Chapter V of
the Law on Chemicals:
a) Have invoices for the
purchase of industrial precursors chemicals, documents that prove the origin
and information on the manufacturing facility, importer or provider of industrial
precursor chemicals. Have delivery and receipt notes;
b) Prepare a logbook to
monitor the use of industrial precursor chemicals.
The monitoring logbook shall include the following information: name of
industrial precursor chemical, the quantities of precursor chemicals that have
been purchased (imported or domestically purchased), the quantities of
precursor chemicals that have been used, the quantities of precursor chemicals
in stock; purposes of industrial precursor chemicals.
2. In the
process of use of the industrial precursor chemical, the organization or
individual shall take measures to manage and control industrial precursor
chemicals and take responsibility to the law for the loss of industrial
precursor chemicals.”.
6. Some Points and Clauses of Article 12 shall be amended as
follows:
a) Point a Clause 2 shall be amended as follows:
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b) Clause 8 shall be amended as follows:
“8. Vietnam Chemicals Agency
(the Ministry of Industry and Trade) shall be responsible for receipt of
applications for issuance, reissuance, revision and extension of the license to
export and import industrial precursor chemicals on the national single-window
portal system.
c) Clause 9 shall be amended as follows:
“9. The forms in the
application for reissuance, issuance, revision and extension and the forms of
the licenses to export and import industrial precursor chemicals are provided
in Appendix VI issued with this Decree.”.
7. Clause 4 Article 15 shall be amended as follows:
“4. Organizations
and individuals other than the organizations and individuals specified in
Article 16a of this Decree may only produce or trade in restricted industrial
chemicals after having the certificate issued by a competent authority and
shall fulfill the requirements specified in Clauses 1, 2 or 3 of this Article
throughout the process of production or trade In
case the certificate holder no longer fulfills such requirements, the certificate
shall be revoked according to the regulations of Clause 2 Article 18 of the Law
on Chemicals.”.
8. Some Points, Clauses of Article 16 shall be amended as
follows:
a) Point a Clause 1 shall be amended as follows:
“a) A written request for issuance of the license to produce restricted industrial chemicals according to the form
specified in Appendix VI issued with this Decree;
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“a) A written request for issuance of the license to trade
restricted industrial chemicals according to the form specified in Appendix VI
issued with this Decree;
c) Clause 2a shall be added after Clause 2 as follows:
“2a. An application
for issuance of the license to produce and trade
a) A written request for issuance of the license to produce
and trade restricted industrial chemicals according to the form specified in
Appendix VI issued with this Decree;
b) Documents specified from Point b to d Clause 3 Article 10
of this Decree;”.
c) Description of the
technological process of production of restricted industrial chemicals
d) Point b Clause 4 shall be amended as follows:
“b) An application for
reissuance of the license shall include a written request for reissuance of the
license according to form specified in Appendix
VI issued with this Decree; an authentic copy of the license which has
been issued in case of wrong information or any change in information about the
registration of establishment of the applicant and the remaining part of the
authentic copy of certificate that is identifiable in case of damage;”.
dd) Point b Clause 5 shall be amended as follows:
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e) Point a Clause 7 shall be amended as follows:
“a) Vietnam Chemicals Agency
(the Ministry of Industry and Trade) shall be responsible for receipt and
processing of applications for issuance, reissuance, revision of the license to
produce and trade restricted industrial
chemicals. The Ministry of Industry and Trade shall issue,
re-issue, revise and stipulate the duration of the license to produce and trade
restricted industrial chemicals; carry
out periodic inspection or ad hoc inspection (when necessary) of the production
and trade in restricted industrial chemicals.
g) Clause 8 shall be added after Clause 7 as follows:
“8. The forms in the
application for issuance, re-issuance and revision and the forms of license to
produce and trade restricted industrial
chemicals are provided in Appendix VI enclosed with this Decree.”.
9. Clause 16a shall be added after Clause 16 as follows:
“Article
16a. Cases that are not subject to issuance of the license to produce and trade
restricted industrial chemicals
1. The dilution and mixture of chemicals without chemical
reactions that form restricted industrial
chemicals for internal use or production of
other products and goods of the applicant.
2. The concentration of a chemical on the List of restricted
industrial chemicals in a mixture is less than 0,1%.”
10. Some Points, Clauses of Article 20 shall be amended as
follows:
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“4. Application for
appraisal of the plan for prevention and response to chemical emergencies
a) A written request for
appraisal of the plan for prevention and response to chemical emergencies
according to the form specified in Appendix VI issued with this Decree;
b) 9 copies of the plan The presentation, layout and contents of the
plan for prevention and response to chemical emergencies shall follow the form
specified in Appendix VI issued with this Decree.”.
b) Point c Clause 8 shall be amended as follows:
“c) Annually organize
chemical emergency drills according to the plan in the presence or direction of
representatives of the local specialized authorities;”.
c) Clause 11 shall be added after Clause 10 as follows:
“11. The Ministry of
Industry and Trade shall develop the forms that have been used in the process
of making of the application, appraisal and approval for the plan for
prevention and response to chemical emergencies; certification forms on the
cover page of the plan after approval The
form of written request and the form of decision on approval for the plan for
prevention and response to chemical emergencies have been provided in Appendix
VI issued with this Decree.”.
11. Some Points, Clauses of Article 21 shall be amended as
follows:
a) Clause 2 shall be amended as follows:
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b) Point d is added after Point c Clause 3 as follows:
“d) Annually organize chemical
emergency drills according to the developed plan
in the measures for prevention and response to chemical emergencies in the presence or direction of representatives of the
local specialized authorities in case the chemical facilities store
chemicals on the List of hazardous chemicals subject to formulation of the plan
for prevention and response to chemical emergencies, but below the threshold
specified in Appendix IV to this Decree.”.
12. Article 23 shall be amended as follows:
“Article 23. Classification
of chemicals
Chemicals
shall be classified according to rules and technical guidance of GHS from Rev.
2 (2007) onwards GHS from Rev. 2 (2007)
includes the main classification as follows:
NO.
Classification
Class
I
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1
Explosives
Unstable explosives
Category 1.1
Category 1.2
Category 1.3
Category 1.4
Category 1.5
Category 1.6
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Flammable
gases
Category 1
Category 2
3
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Category 1
Category 2
4
Oxidizing
gases
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5
Gases
under pressure
Compressed gas
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Refrigerated liquefied gas
Dissolved gas
6
Flammable
liquids
Category 1
Category 2
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Category 4
7
Flammable solids
Category 1
Category 2
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8
Self-reactive
substances and mixtures
Type A
Type B
Type C&D
Type E&F
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9
Pyrophoric
liquids
Category 1
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10
Pyrophoric
solids
Category 1
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11
Self-heating
substances and mixtures
Category 1
Category 2
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Substances
and mixtures which, in contact with water, emit flammable gases
Category 1
Category 2
Category 3
13
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Category 1
Category 2
Category 3
14
Oxidizing
solids
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Category 2
Category 3
15
Organic
peroxides
Type A
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Type C&D
Type E&F
Type G
16
Corrosives
to metals
Category 1
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II
Health
hazard
17
Acute
toxicity
Category 1
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Category 3
Category 4
Category 5
18
Skin
corrosion/irritation
Category 1A
Category 1B
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Category 2
Category 3
19
Serious
eye damage/eye irritation
Category 1
Category 2A
Category 2B
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20
Respiratory
sensitization
Category 1
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21
Skin
sensitization
Category 1
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22
Germ
cell mutagenicity
Category 1A
Category 1B
Category 2
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23
Carcinogenicity
Category 1A
Category 1B
Category 2
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Reproductive
toxicity
Category 1A
Category 1B
Category 2
24b
Effects
on or via lactation
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25
Specific
target organ toxicity single exposure
Category 1
Category 2
Category 3
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26
Specific
target organ toxicity repeated exposure
Category 1
Category 2
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Aspiration
toxicity
Category 1
Category 2
III
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28a
Acute
aquatic toxicity
Category 1
Category 2
Category 3
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Chronic aquatic toxicity
Category 1
Category 2
Category 3
Category 4
13. Content of No.4 in Clause 1 Article 24 shall be amended
as follows:
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Classification of chemicals
Content
4
Skin/respiratory
sensitization
≥ 1,0%
14. Some Points, Clauses of Article 27 shall be amended as
follows:
a) Point b Clause 4 shall be amended as follows:
“b) The information on
declaration and declaration feedback of the imported chemicals through the
national single-window portal shall be made according to the form specified in
Appendix VI attached hereto. The
information on declaration feedback of the imported chemicals has legal
validity for carrying out customs clearance procedures After customs clearance, the system of the Customs shall send
feedback on the status of customs clearance, including information on the
declaration, chemicals and weight of the cleared chemicals through the national
single window portal and the system of the Ministry of Industry and
Trade.".
b) Clause 4a shall be added after Clause 4 as follows:
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a) Hazardous chemicals
subject to control in case of establishment of procedure for declaration of the
imported chemicals include dinitrogen monoxide, cyanide compounds, mercury and
mercury compounds;
b) Within 16 working hours
from the time on which the system of the Ministry of Industry and Trade
receives the documents on declaration for the cases specified at point a of
this Clause, the information-receiving authority of the Ministry of Industry
and Trade (Vietnam Chemicals Agency) shall be responsible for inspection of the
documents and response to information on declaration of the imported chemicals
to the declarants. In case the
document is invalid, Vietnam Chemicals Agency shall respond via the national
single window portal to the declarant for
amendment and completion of the document. The
document will be considered invalid of: The total weight of imported chemicals
from the beginning of the year to the time for declaration is higher than the
licensed weight in the year. The attached documents fail to comply with
regulations of Clause 3. The information on declaration of the imported
chemicals is not accurate. In case the document
is valid, Vietnam Chemicals Agency shall approve the document and send feedback
on the declaration information and the responded information via the national
single window portal to the declarant and
the Customs”.
c) Clause 6 shall be amended as follows:
“6. Responsibilities of
declarants
The
declarant shall take responsibility to the Law for the accuracy of the declared
information according to the forms available on the national single-window
portal and documents, documentation and electronic data in the document on
declaration of chemicals via the national single-window portal If the declared information is incorrect, the
electronic document on the declaration of chemicals shall be the basis for
imposition of administrative penalties of the competent organizations and
individuals. The declarant shall retain
the documents on declaration of chemicals to present them to the competent
authorities if required and the duration of retention shall be at least 5
years.”.
15. Clause 6 shall be added after Clause 5 Article 28 as follows:
“6. The concentration of a
chemical on the List of chemicals subject to declaration in the mixture is less
than 0,1%.”.
16. Clause 1 Article 31 shall be amended as follows:
“1.
Entities that have chemical-related activities shall provide training courses
in chemical safety or appoint the individuals specified in Article 32 herein to
participate in training courses that are organized by the chemical safety
training centers every 2 years. The first training period is specified in
Clause 6, Article 33 of this Decree. The duration of the periodic
training from the second time onwards is equal to 50% of the time of the first
training, except for cases subject to retraining as prescribed in Clause 3 of
this Article.”.
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a)
Point e shall be added after Point dd Clause 3 as follows:
“e)
Contents of practice at the chemical facility: Recognize the hazardous
properties of chemicals and practice the process of handling of some typical
chemical emergencies at the chemical facility.”.
b) Point dd shall be added to Point d Clause 4 as follows:
“dd) Contents of practice at
the chemical facility: Recognize the hazardous properties of chemicals and
practice the process of handling of some typical chemical emergencies at the
chemical facility.”.
18. Some Points and Clauses of Article 36 shall be amended as
follows:
a) Point a Clause 1 shall be amended as follows:
“a) Before January 15 every
year, entities having chemical-related activities shall make general reports on
chemical-related activities in the previous year on the national chemical
database system
b) Point a Clause 3 shall be amended as follows:
“a) Before March 01 of each
year, the local management authorities shall be responsible for report on
management of chemicals on the national chemical database system;”.
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NO.
Vietnamese name of
chemical
English name of chemical
HS code
CAS code
Chemical formula
820
Amoniac (khan)
Ammonia (anhydrous)
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7664-41-7
NH3
821
Axetylen
Acetylene
29012910
74-86-2
C2H2
822
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Chlorine
28011000
7782-50-5
Cl2
823
Flo
Fluorine
28013000
7782-41-4
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824
Hydro
Hydrogen
28041000
1333-74-0
H2
825
Hydro florua
Hydrogen fluoride
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7664-39-3
HF
826
Hydro sunphua
Hydrogen sulphide
28111990
7783-06-4
H2S
827
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Sulfur dioxide
28112920
7446-09-5
SO2
828
Axit nitric
Nitric acid
28080000
7697-37-2
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829
Photpho (trắng, vàng, đỏ)
Phosphorus (White, yellow, red)
28047000
12185-10-37723-14-0
P
Industrial
precursor chemicals (group 1)
830
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Bromocyclopentane
29033990
137-43-9
C5H9Br
831
Cyclopentyl clorua
Chlorocyclopentane
29038900
930-28-9
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832
Cyclopentyl magie bromua
Cyclopentyl magnesium bromide
29319090
33240-34-5
C5H9BrMg
833
o-cloro benzo nitril (2-cloro benzo
nitril)
2-Chlorobenzonitrile
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873-32-5
C7H4ClN
834
o-Bromo benzo nitril (2- Bromo
benzo nitril)
2-Bromobenzonitrile
29269000
2042-37-7
C7H4BrN
835
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1-phenyl-1-propanone
29143900
93-55-0
C9H10O
Note:
(1): HS code for reference
(2) If the List of
industrial precursor chemicals issued by the Government is amended or replaced,
the new one shall be applied. List of
precursors (group 1) (IVA List of the Government's Decree on lists of narcotics
and precursors); List of precursors (group 2) (IVB List of the Government’s
Decree on lists of narcotics and precursors)
20. Content
of No.231 Table 1 Appendix IV of Decree No. 113/2017/ND-CP - List of hazardous
chemicals subject to development of the plan for prevention and response to
chemical emergencies shall be amended as follows:
NO.
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English name of chemical
Chemical formula
CAS code
CAS code
Threshold of maximum storage weight of
chemical at a time (kg)
231.
Thủy ngân và các hợp chất của thủy ngân
Mercury and mercury
compounds
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01
21. Some chemicals shall be
added to Appendix V of Decree No. 113/2017/ND-CP - List of chemicals subject to
declaration as follows:
NO.
Vietnamese name of
chemical
English name of chemical
HS code
CAS code
Chemical formula
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Pentaclo benzen (PeCB)
Pentachlorobenzene (PeCB)
29039300
608-93-5
HC6Cl5
1158
Hexabrom cyclododecan (HBCD)
Hexabromocyclododecane (HBCD)
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C12H18Br6
1159
Naphtalen polyclo hóa (PCN)
Polychlorinated naphthalene (PCN)
70776-03-3
1160
Decabromo diphenyl ete (DBDE)
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29093000
1163-19-5
C12Br10O
1161
Axit perflo-octanoic (PFOA), các muối của chúng và các hợp chất liên
quan đến PFOA
Perfluorooctanoic acid (PFOA) and its salts and PFOA - related compounds
29159090
335-67-1
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Axit perflo hexan sulfonic (PFHxS), các muối của chúng và các hợp chất liên
quan đến PFHxS
Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS
- related compounds
29049900
355-46-4
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Note: HS code for reference
Article 2. Replacement and annulment of some contents of
Decree No. 113/2017/ND-CP
1. Replace
the phrase "hàng hóa (goods)" with the phrase "hỗn hợp chất
(mixture of substances)" in Clause 1, Article 13 of Decree No.
113/2017/ND-CP.
2. Annul
Point c Clause 2 Article 16, Point b, Point d Clause 9 Article 20 and Point a
Clause 5 Article 21 of Decree No. 113/2017/ND-CP.
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Article 3. Implementation provision
1. This Decree comes into force from December 22, 2022. Clause 14, Article 1 of this Decree that amends Article 27
of Decree No. 113/2017/ND-CP comes into force after one year from the effective
date of this Decree.
2. The
projects or facilities which store more than 01 kg of mercury or mercury
compounds and have come into operation before the effective date of this Decree
without any plans for prevention of and response to chemical emergencies
approved by the competent authorities shall develop and submit such plans to
the competent authorities for inspection and approval within 02 years from the
effective date of this Decree
3. The Ministers, Heads of ministerial-level agencies, Heads of
Governmental agencies, the Presidents of the People's Committees of provinces
shall be responsible for the implementation of this Decree
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh
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