Circular No. 20/2013/TT-BCT prevention response against chemical incidents in industry

• Official number: 20/2013/TT-BCT
• Legislation Type: Circular
• Organization: The Ministry Of Industry And Trade
• Signer: Le Duong Quang
• Issued Date: 05/08/2013

THE MINISTRY OF INDUSTRY AND TRADE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 20/2013/TT-BCT	Hanoi, August 05, 2013

CIRCULAR

STIPULATING THE PLAN AND MEASURES FOR PREVENTION AND RESPONSE AGAINST CHEMICAL INCIDENTS IN INDUSTRY

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to November 21, 2007 Chemical Law;

Pursuant to the Government’s Decree No. 108/2008/ND-CP dated October 07, 2008, detailing and guiding implementation a number of Articles of the Chemical Law; the Government’s Decree No. 26/2011/ND-CP dated April 08, 2011, amending and supplementing a number of Articles of the Decree No. 108/2008/ND-CP;

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade stipulates the plan and measures for prevention and response against chemical incidents in industry as follows:

Chapter 1.

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Article 1. Scope of regulation

This Circular stipulates the formulation, appraisal, approval and implementation of the chemical incident prevention and response plan (hereinafter abbreviated to the Plan); stipulated the formulation, confirmation and execution of the measures for prevention and response against chemical incidents (hereinafter abbreviated to measures) in industry.

Article 2. Subjects of application

This Circular applies to organizations and individuals producing, trading, storing and using dangerous chemicals in industry and other relevant agencies, organizations and individuals.

Article 3. Interpretation of terms

In this Circular, the following terms will be construed as follows:

The maximum storage volume of a chemical type means the maximum volume of that chemical stored at a time by facilities of production, business, storage or use.

Article 4. List of dangerous chemicals must formulate plan and measure for prevention and response against chemical incidents

List of dangerous chemicals must formulate plan and measure for prevention and response against chemical incidents includes lists prescribed in Annex IV and Annex VII of the Government’s Decree No. 26/2011/ND-CP dated April 08, 2011, amending and supplementing a number of Articles of the Government’s Decree No. 108/2008//ND-CP dated October 07, 2008, detailing and guiding implementation of a number of the Chemical Law.

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THE CHEMICAL INCIDENT PREVENTION AND RESPONSE PLAN

Article 5. Cases must formulate Plan

1. Projects investing in production, storage and use of dangerous chemicals (hereinafter abbreviated to chemical projects) with the maximum chemical storage volume at a time more than or equal to the threshold prescribed in Annex IV of the Decree No. 26/2011/ND-CP must formulate Plan before the project officially operates.

2. The facilities of dangerous chemical production, trading, storage and use (hereinafter abbreviated to chemical facilities) with the maximum chemical storage volume at a time more than or equal to the threshold prescribed in Annex IV of the Decree No. 26/2011/ND-CP.

3. The chemical projects and chemical facilities that change the production capacity, storage volume, scale or change quantity, kinds of chemicals with the maximum chemical storage volume at a time more than or equal to the threshold prescribed in Annex IV of the Decree No. 26/2011/ND-CP.

4. The chemical projects and chemical facilities have dangerous chemicals under the list of chemicals that must formulate Plan and have chemicals under the list that must formulate Measures, must formulate Plan for all those chemicals and not required to formulate Measures.

Article 6. Content of formulating Plan

Method of expression, layout, content of Plan made according to form in Annex 1 enclosed with this Circular.

Article 7. Dossier requesting for Plan appraisal and approval

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a) A request official dispatch of organization or individual: made according to form in Annex 2 enclosed with this Circular;

b) Plan including 12 (twelve) copies, in case if this quantity needs be more, organization or individual must supply additionally at the request of the appraisal agency.

c) Report on feasibility research, or the economic - technical Report on works construction, or plan on production and business includes 01 (one) copy certified by chemical facility or chemical project;

d) Other documents enclosed (if any).

2. Organization or individual may, directly or through post office, submit dossier requesting for Plan appraisal and approval at the Vietnam Chemicals Agency.

Article 8. Plan appraisal

1. Organization of appraisal

The Plan appraisal is performed through the appraisal Council. The Ministry of Industry and Trade is agency competent to approve the Plan. The Vietnam Chemical Agency shall receive dossier, propose establishment of the appraisal Council and submit to leader of Ministry for consideration and decision. Form of Decision on establishment of the appraisal Council prescribed in Annex 3 enclosed with this Circular.

2. Time limit of appraisal

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b) Time limit of Plan appraisal prescribed in point a this Clause excludes time for organization or individual to complete dossier as prescribed in point a Clause 3 of this Article and time for amending, supplementing Plan according to opinion of the appraisal Council.

3. Process of appraisal

a) Within 05 (five) days, after receiving dossier, the Vietnam Chemical Agency must notify in writing to organization or individual about insufficient contents or documents and time limit for completing dossier if dossier is insufficient or invalid.

b) After receiving fully valid dossier, the Vietnam Chemical Agency shall propose for establishment of the appraisal Council and submit to leader of the Ministry for consideration and decision. The Vietnam Chemical Agency shall notify to members of the appraisal Council, organization or individual formulating Plan about time of appraisal;

c) Within 07 (seven) working days, after ending meeting of the appraisal Council, the Vietnam Chemical Agency shall notify organization or individual formulating Plan about the appraisal’s conclusions. Form of notification about the appraisal’s conclusions prescribed in Annex 4 enclosed with this Circular;

d) On the basis of notification about the appraisal’s conclusions, organization or individual shall implement one of following affairs: Rebuilding the Plan in case where the Plan fails to be approved and submit it to the Vietnam Chemical Agency for appraisal. Procedures for and time limit of appraisal shall perform like as the Plan appraisal at the first time; revising the Plan in case where the Plan is approved and provided that it must be revised and supplemented and submitted to the Vietnam Chemical Agency enclosed with written explanation for revised and supplemented contents under the notification about the appraisal’s conclusion;

e) Within 07 (seven) working days, after receiving the revised and supplemented Plan enclosed with a written explanation, the Vietnam Chemical Agency shall submit to leader of the Ministry for consideration and approval if the revised and supplemented Plan meets requirements of the appraisal Council or reply in writing in case of not yet approving and requiring for amendment or supplementation if the Plan not yet met requirement of the appraisal Council.

Article 9. Organization and operation of the Plan Appraisal Council

1. Members of the appraisal Council include representatives of: The Ministry of Industry and Trade; the provincial Departments of Industry and Trade; state management agencies of fire fighting and prevention; the environmental state management agencies; the management board of economical zones, industrial zones, high technology parks, export and processing zones, industrial clusters (if any) in places performing projects or places where the organization or individual of production, trading, use conducts storage or use of chemicals, and experts.

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3. The appraisal Council shall conduct actual inspection, assessment, appraisal for the Plan and take responsibility for the appraisal conclusions.

4. The appraisal Council operates under the principle of collective and direct discussion among members in Council and between Council with organization or individual formulating Plan. Form of the meeting minutes of the appraisal Council prescribed in Annex 5 enclosed with this Circular.

The appraisal Council terminated operation and self-dissolves after the Plan is approved.

5. The appraisal Council only conducts meetings when there are participations of at least 2/3 (two-thirds) members of Council, in which the presences of President or Deputy President and at least 01 (one) reviewer are required. Only members participating in meetings of the appraisal Council are eligible for participating in voting to approve the Plan. Members of the appraisal Council who fail to participate in the appraisal meetings must send their written opinions to President of Council.

6. The president of appraisal Council concludes the Plan appraisal according to the following principles:

a) The Plan will be approved without revising, supplementing if all members of the Council participating in meeting agree for approval;

b) The Plan will be approved and provided that it must be revised, supplemented if at least 2/3 (two-thirds) members of Council participating the meeting agree approval or approval with conditions in which it must be revised, supplemented;

c) The Plan will not be approved if more than 1/3 (one-third) members of the Council participating in meeting disagree for approval.

Article 10. Plan approval

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2. The Vietnam Chemical Agency shall submit to leader of Ministry for consideration and approval for the Plan. Form of Decision on approving the Plan prescribed in Annex 6 enclosed with this Circular;

3. On the basis of the approved Plan, the Ministry of Industry and Trade shall assign task for the Vietnam Chemical Agency to authenticated on the sub-cover page of the Plan and send Decision on approval enclosed with the Plan to organization or individual formulating the Plan, agency or unit where project is performed or the place where the chemical facility is situated, including: The provincial Departments of Industry and Trade; state management agencies of fire fighting and prevention at provincial level; the environmental state management agencies at provincial level; district People’s Committees, the management board of industrial zones, export and processing zones, economical zones (if any).

Article 11. Plan implementation

1. In the course of producing, trading, using and storing dangerous chemicals, organizations and individuals must ensure in accordance with requirements set out at the approved Plan.

2. The approved Plan must be archived at the chemical facility and considered as basis for organizations or individuals to control safety at the chemical facility.

3. Annually the chemical facilities must organize manoeuvres to respond chemical incidents built in Plan with witness of representative of the Ministry of Industry and Trade, or provincial Departments of Industry and Trade.

4. If there are changes in the course of investment and operation that change contents approved in Plan, organizations and individuals must send report to the Vietnam Chemical Agency for research and submission to leader of Ministry for consideration and decision.

Chapter 3.

MEASURES FOR PREVENTION AND RESPONSE AGAINST CHEMICAL INCIDENTS

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1. Chemical projects with the maximum chemical storage volume at a time less than the limitation volume prescribed in Annex VII of the Decree No. 26/2011/ND-CP must formulate Measures before the project officially operates.

2. Chemical facilities with the maximum chemical storage volume at a time less than the limitation volume prescribed in Annex VII of the Decree No. 26/2011/ND-CP.

3. Chemicals that have yet not had the limitation volume prescribed in Annex VII of the Decree No. 26/2011/ND-CP must formulate Measures.

Article 13. Content of Measures

Layout, content of measures prescribed in Annex 7 enclosed with this Circular.

Article 14. Agencies certifying the Measures

The Departments of Industry and Trade of provinces and central-affiliated cities are agencies certifying the Measures for chemical projects and facilities in localities under their management.

Article 15. Dossier requesting for certifying the Measures

1. Dossier requesting for certifying the Measures includes documents specified in Clause 6 Article 1 of the Decree No. 26/2011/ND-CP, specified as follows:

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b) Measures including 05 (five) copies, in case if this quantity needs be more, organization or individual must supply additionally at the request of the appraisal agency.

c) Report on feasibility research, or the economic - technical Report on works construction, or plan on production and business includes 01 (one) copy certified by chemical facility or chemical project;

d) Other documents enclosed (if any).

2. Organization or individual may, directly or through post office, submit dossier requesting for Measures appraisal at the provincial Department of Industry and Trade.

Article 16. Certifying the Measures

1. Time limit of certifying the measures not more than 20 (twenty) working days, after organization or individual submit fully valid dossier as prescribed in Clause 1 Article 15 of this Circular.

2. Within 04 (four) days, after receiving dossier, the provincial Departments of Industry and Trade must notify in writing organization or individual about insufficient contents or documents and time limit for completing dossier if dossier is insufficient or invalid.

3. Time limit of certifying Measures prescribed in Clause 1 of this Article excludes time for organization or individual to complete dossier as prescribed in Clause 2 of this Article.

4. In case where dossier requesting for certifying the Measures is unsatisfactory, the provincial Departments of Industry and Trade shall notify in writing organizations and individuals, in which clearly stating contents need be revised or supplemented, and time limit for completion.

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Article 17. Implementation of the Measures

1. In the course of producing, trading, using and storing dangerous chemicals, organizations and individuals must ensure in accordance with requirements set out at the certified Measures.

2. The certified Measures must be archived at the chemical facility and considered as basis for organizations or individuals to control safety at the chemical facility.

3. If there are changes in the course of investment and operation that change contents set out in the certified Measures, organizations and individuals must send report to the provincial Departments of Industry and Trade for consideration and decision.

Chapter 4.

PROVISIONS OF IMPLEMENTATION

Article 18. Implementation responsibilities

1. The Vietnam Chemical Agency shall assume the prime responsibility for, and coordinate with the provincial Departments of Industry and Trade in disseminating, guiding, monitoring and examining implementation of this Circular.

2. Organizations and individuals having chemical projects, chemical facilities shall abide by, comply with formulation of the Plan or the Measures for prevention and response against chemical incidents as prescribed in this Circular; ensure proper implementation of contents stated in the approved Plan or certified Measures; comply with regulation on reporting regime, and receive examination, inspection of competent agencies relating to implementation of Plan or Measures.

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1. Chemical facilities make report on implementation of Plan and send it to the Ministry of Industry and Trade (the Vietnam Chemical Agency); send report on implementation of Measures to the provincial Departments of Industry and Trade before January 15, annually. Form of report on implementation of Plan or Measures prescribed in Annex 11 enclosed with this Circular.

2. The provincial Departments of Industry and Trade shall make general report on implementation of Measures in localities under their management and send it to the Ministry of Industry and Trade (the Vietnam Chemical Agency) before January 31, annually. Form of general report on implementation of Measures prescribed in Annex 12 enclosed with this Circular.

Article 20. Transitional provisions

1. The chemical projects that conducted investment, construction of works; the chemical facilities that are operating before the effective date of this Circular, must formulate Plan and send to the Ministry of Industry and Trade for appraisal before December 31, 2014.

2. The chemical projects that conducted investment, construction of works; the chemical facilities that are operating before the effective date of this Circular, must formulate Measures and send to the provincial Departments of Industry and Trade for certifying before December 31, 2014.

3. The chemical projects under group C that must formulate Plan as prescribed in Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Ministry of Industry and Trade, specifying a number of Article of the Chemical Law and the Government’s Decree No. 108/2008/ND-CP dated October 07, 2008, detailing and guiding implementation a number of Articles of the Chemical Law, and have been approved by the provincial Departments of Industry and Trade before the effective date of this Circular must do dossier requesting the Ministry of Industry and Trade for appraising and re-approving the Plan.

Article 21. Effect

1. This Circular takes effect on October 15, 2013.

2. This Circular replaces: Chapter V on Measures and Plan for prevention and response against chemical incidents in industry; provisions on report on chemical safety status, implementation of Plan, Measures at Article 48 of the Circular No. 28/2010/TT-BCT.

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FOR THE MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER




Le Duong Quang

APPENDIX 1

INSTRUCTION IN PRESENTATION AND ESTABLISHMENT OF PLAN ON PREVENTION AND RESPONSE AGAINST CHEMICAL EMERGENCIES

I. GUIDELINES

1. Format

a) Paper size

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b) Presentation

The Plan shall be in portrait orientation on A4-sized papers.

c) Margins

- Top: 20 - 25 mm;

- Bottom: 20 mm;

- Left: 30 - 35 mm;

- Right: 20 mm;

- Header: Name of organization making plan on the left, "Plan on prevention and response against chemical emergencies” on the right.

- Footer: Use Insert Page Number, choose the Plain in which the number is in the middle of the line (for example: page 2/7)

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- Character set: Unicode, font: Times New Roman, size: 14, normal style of Microsoft Word.

- Normal spacing (Before: 6pt; After: 0pt; Line: single).

2. Presentation of the Plan

- The Plan shall be brief, coherent, and clean without erasure and must not include too much abbreviations or English terms. Long terms or terms that rarely appear in the Plan must not be abbreviated. There shall be interpretation of terms that are abbreviated.

- Subsections shall be numbered automatically with not exceeding 4 digitals. Any section with subsections shall include at least 2 of them. For example: the subsection 2.1.1 shall be followed by subsection 2.1.2 or more;

- Figures in the Plan shall have notes and shall be numbered. Pictures in the Plan shall not be resized unconformably. For example: Picture 3.2: the 2^nd picture of this section (or section 3);

- The cover page shall be printed on blue hard cover with gold foil stamp. The title “Plan on prevention and response against chemical emergencies” shall be stamped on the cover (after being modified according to the comments of the Appraisal Council). Name of the organization and the year in which the plan is made shall be printed on the back.

- Page 1: Similar to the cover, printed on normal paper;

- Table of contents: using automatic “Table of Contents” function in Microsoft Word;

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- The map of the area where the manufacturing facility is located: color-printed on A3 sheet;

- The map of the location where chemicals are planned to be stored in the premise of the manufacturing facility and the storing condition (underground, semi-underground or on the ground): color-printed on A3 sheet;

- The equipment placement site plan and technology line plan, the amount of hazardous chemicals from the main manufacturing equipment and the intermediate containing equipment: printed on A3 sheets;

- Appendixes (if any) shall be printed on separate pages. The word “Appendix” and their ordinal numbers (in case of multiple appendixes) shall be centered on a separate line with normal font, size 14, bold. The title (name) of the appendix shall be centered, capitalized, bold, size 13 to 14.

3.  Layout and contents of the Plan

The layout and contents of the Plan is specified in Section II of this Appendix

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II THE DEVELOPMENT OF THE PLAN

INTRODUCTION

1. Introduction to the chemical facility/project.

2. The necessity of the Plan.

3. Legal basis for the Plan.

Part 1

INFORMATION ABOUT THE CHEMICAL FACILITY/PROJECT

1. Information about the scope of investment, production and trade: construction capacity and area and location of the work.

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3. Production technology

4.  List of chemical names, weights, chemical and physical properties, toxicity of each type of hazardous chemicals that are materials, intermediate chemical and finished products.  If the chemicals of the chemical facility/project are issued with the Chemical safety data sheets or Certification of conformity of declaration, then the owner of the chemical facility/project may used such documents instead of the Declarations of chemical properties.

5. A description of technical requirements for packaging, storing and transport of different hazardous chemicals, including:

- The hazardous chemicals packages, tanks and containers planned to be used in producing, storing and transport; materials and the maximum capacity of each type;

- Requirements for standard of designing and manufacturing and conditions about basis for design and manufacture. If foreign standards are applied to design and production, their names and issuers must be specified;

- The storing conditions in terms of temperature, pressure; condition of prevention of shock, lighting and static electricity;

- Internal system and means of transport planned to use in the chemical facility/project.

6. A description of geographical conditions, topography, meteorological and hydrological characteristics of the location of the chemical facility/project.

7. A list of industrial, military, residential, administrative, commercial works, religious works environmentally sensitive areas within the radius of 1000 m around the chemical facility/project.

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FORECAST ABOUT RISKS AND PLAN FOR INSPECTION AND CONTROL OF SOURCES OF CHEMICAL RISKS

1. A List of risky locations including locations of main equipment for manufacturing hazardous chemicals, hazardous chemical enclosed with technological conditions for manufacture and storage; the number of employees expected to work in the area. Etablish a list of possible cases of leakage, spillage or explosion of hazardous chemicals at each risky location, analysis of causes and conditions for occurrence of emergencies.

2. Measures for prevention of emergencies and plans on inspection and control of sources of chemical risks: plan on regular and irregular inspection; regulations on inspector members, responsibilities of inspectors, items subject to inspection or control; regulations on retention of inspection records.

Part 3

FORECAST ABOUT CASES OF CHEMICAL RISKS AND REMEDIES

1. Forecasts about developments of the emergency; estimates for coming consequences, the scope of the emergency and its influence on human and environment around if the emergency is not under control. The identification of results shall be based on the highest activity level of the hazardous chemicals storing equipment or area.

2. A plan on responses to the forecasted risks. Establish plan on cooperation between the internal and external emergency response forces. Establish plan on evacuation of people and property.

Part 4

CHEMICAL EMERGENCY RESPONSE ABILITY

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2. A list of equipment for chemical emergency response, including name of the equipment, quantity, conditions; protection system, provision system for rescue and prevention of emergencies.

3. Warning system, internal and external information system for emergency.

4. A plan on periodical training and rehearsal.

Part 5

PLAN ON REMEDIAL MEASURES FOR CHEMICAL EMERGENCIES

The plan on remedial measures for chemical emergencies shall be conformable to the provisions of the Law on Environment protection and other relevant law provisions. The plan on remedial measures for chemical emergencies shall include:

1. Measures to prevent and reduce the source of environment pollution and reduce the spread of environment pollution so as not to affect health and living conditions of the residents.

2.  Measures for pollution minimization and environmental remediation at the request of environment authorities.

3. Detailed guidelines on technical measures for cleaning the area that is polluted by chemical emergencies.

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CONCLUSION

1. The assessment of the investor in the chemical facility/project about the Plan on prevention and response against chemical emergencies.

2. Commitment of the investor in the chemical facility/project.

3. Opinions of the investor in the chemical facility/project.

(Provide the opinions about the content outside the competence of the investor in the chemical facility/project to ensure the safety during the operation of the chemical facility/project).

ANNEXES

1. The map of the area where the chemical facility/project is located.

2. The map of the intended locations where chemicals are stored on the premise of the project/manufacturing facility and the storing condition (underground, semi-underground or on the ground).

3. The equipment placement site plan and technology line plan, the amount of hazardous chemicals from the main manufacturing equipment and the intermediate containers.

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References (if any), including name, author, year of publish, publisher./.

APPENDIX 7

GUIDANCE ON ESTABLISHMENT OF MEASURES FOR PREVENTION AND RESPONSE AGAINST CHEMICAL EMERGENCIES
(Enclosed with the Circular No. 20/2013/TT-BCT dated August 05, 2013 by the Ministry of Industry and Trade)

INTRODUCTION

1. Introduction to the chemical facility/project.

2. The necessity of the Measures for prevention and response against chemical emergencies.

3. Legal basis for the Measures for prevention and response against chemical emergencies.

Chapter I

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1. Scope of investment: capacity, area, and location of construction.

2. Production technology

3. A list of chemical names, weight, chemical and physical properties, toxicity of each type of hazardous chemicals that are materials, intermediate chemical and finished products.

4. A description of technical requirements for packaging, storing and transport of different hazardous chemicals, including:

- The hazardous chemicals packages, tanks and containers used in producing, storing and transport; materials and the maximum capacity of each type;

- Requirements for standard of designing and producing and conditions about basis for design and manufacture. If a foreign standard is applied in design and production, its name and the issuer shall be specified;

- The storing conditions in terms of temperature, pressure; condition of prevention of shock, lightning and static electricity.

5. Enclosures:

- The map of the area where the chemical facility/project is located;

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- The equipment placement site plan and technology line plan, the amount of hazardous chemicals from the main manufacturing equipment and the intermediate containing equipment.

Chapter II

FORECAST ABOUT RISKS AND PLAN ON INSPECTION AND CONTROL OF SOURCES OF CHEMICAL RISKS

1. A list of risks including the location of main hazardous chemical manufacturing equipment, hazardous chemicals storing equipment or area enclosed with technological conditions for manufacture and storage; the number of employees expected to work in the area. Forecast about chemical risks

2. Plans on inspection and control of chemical risks: plan on regular and irregular inspection; regulations on inspector members, responsibilities of inspectors, items subject to inspection or control; regulations on retention of inspection records.

3. Measures to reduce the risks.

Chapter III

MEASURES FOR RESPONSE TO CHEMICAL EMERGENCIES

1. A plan on human resources for chemical emergency response: A plan on organizing, operating and direct rescuing and troubleshooting.

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3. Warning system, internal and outward communication system for emergency response.

4. A plan on cooperation between the internal and external emergency response forces specified in Section II.

5. Detailed guidelines on technical measures for cleaning the area that is polluted by chemical emergencies.

6. Other activities for chemical emergency response.

CONCLUSION

1. The assessment of the investor in the chemical facility/project about the Measures for prevention and response against chemical emergencies.

2. Commitment of the investor in chemical facility/project.

3. Opinions of the investor in the chemical facility/project:

(Provide opinions about the content outside the competence of the investor in the chemical facility/project to ensure the safety during the operation of the chemical facility/project).

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(If any)

REFERENCES

References (if any), including name, author, year of publish, publisher./.

APPENDIX 8

FORM OF OFFICIAL DISPATCH APPLYING FOR CERTIFICATION OF MEASURES FOR PREVENTION AND RESPONSE AGAINST CHEMICAL EMERGENCIES
(Enclosed with the Circular No. 20/2013/TT-BCT dated August 05, 2013 by the Ministry of Industry and Trade)

NAME OF ENTERPRISE

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.    

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To: Service of Industry and Trade …………

Name of enterprise: …………………………………………………………………………………………

Chemical facility/project:
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Location:
…………………………………………………………………………………………

Phone number:…………………….. Fax: ……………………. E-mail: …………………………………….

We hereby would like ………………………..^(2) to certify the Measures for prevention and response against chemical emergencies.

We hereby declare to comply strictly with the regulations on prevention and response against chemical emergencies according to the provisions of the Law on Chemicals and the Circular No. ……….. /…/TT-BCT dated…………………. by the Ministry of Industry and Trade on the Plan and Measures for prevention and response against chemical emergencies in industry and other relevant legislation.

We enclose herewith:

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- Enclosures (if any)./.

DIRECTOR OF ENTERPRISE
(Signature and seal)

Notes:

^(1) Place

^(2)Name of the certifying agency

APPENDIX 11

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ENTERPRISE’S NAME
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.: …….

^(1)………., date    month   year …..

Respectfully to: ……………………………. ^(2)

In furtherance of the Circular No………/……/TT-BCT date….. month…..year….. of the Ministry of Industry and Trade stipulating the plan and measures for prevention and response against chemical incidents in industry, Company…….. reports implementation of plan and measures for prevention and response against chemical incidents as follows:

Part I

GENERAL PROVISION

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2. Address:

Telephone:                                                                        Facsimile:

3. Operational type:

Production □;             Storage □;              Use □;              Trade □;

4. Chemicals used in operation of the facility:

No.

Chemical name in Vietnamese

CAS code

Commercial name

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Volume of chemical (in year)

Dangerous classification

Operational purpose

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Part II

OPERATIONAL CHARACTERISTICS

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Chemical name in Vietnamese

CAS code

Type of equipment
(container/ technological equipment/ transport)

Technological conditions

Status of installation

Maximum capacity of containing (m^3)

Technological control method

Temperature (°C)

Pressure (atm)

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Part III

SAFETY MEASURE IN OPERATION

No.

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CAS code

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Part IV

SITUATION OF ACCIDENTS, INCIDENTS

No.

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CAS code

Position of equipment upon incident occurs

Consequences

Affected scope

Causes (Operation/equipment)

Remediation status

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Part V

ASSESSMENT ON SAFETY STATUS OF CHEMICALS

1. General assessment on safety level

2. The parts, devices of which supervision needs to be centralized

No.

Chemical name in Vietnamese

CAS code

Position/Equipment

Supervision point

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3. The parts, devices which  need to be added the safety measures

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Chemical name in Vietnamese

CAS code

Position/Equipment

Additional point

Measure, means for addition

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4. Recommendation:

Instructions:

1. Clause 4, Part I: At a facility with chemicals operation, it can exist at the same time various dangerous chemicals, each chemical is declared by accountant on each line according to the ordinal number.  Assumed report form has only 5 types of chemicals, if there are more than 5; the facility with chemicals operation adds the lines of declaration.

2. The column "dangerous classification" in Section 4, Part I: record main dangerous properties of chemicals.  If there is information, it can record additionally characters of dangerous classification of EU, dangerous index of UN…

3. The column "Installation Status": stating the characteristics of device as placing on high, floating on the surface or underground ... of fixed or mobile kind.

4. Column "Maximum capacity of containing" means:

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- For production equipment, capacity is the design capacity

5. Column "technological control method": write "TD" if the automatic control is applied; "BTD" if the semi-automatic control is applied; "BT" if the manual control is applied. In case where the device combining several control forms, stating all control forms.

6. Alphabet notations in Section III are specified as follows:

A. Chemical safety management system consists of the responsible individuals from operating positions to chief of operating division, the head of the facility.

B. Chemical safety slip as prescribed at Appendix 17 of Circular 28/2010/TT-BCT.

C. Certificate of testing equipment (if any)

D. Operating procedures approved by the responsible person of the facility.

E. Equipment troubleshooting process approved by the responsible person of the facility.

G. Plan of chemical incident prevention and remedy

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I. Equipment for labor environment supervision.

K. Occupational hygiene equipment (ventilation, decontamination, toxic absorption, gas treatment, temperature reduction ...)

L. Devices to control technology.

M. Equipment of protection against overvoltage, over temperature, overload, spill, lightning, static electricity.

N. Measures to limit exposure time and individual protective means.

O. Organization of training.

P. Organization of periodic maneuvers for emergency situation.

Q. The plan of safe chemical destruction approved by the competent authority.

The facility with chemicals operation has implemented the safety measures corresponding to alphabet notations above, marking in the respective box in Part III of this Appendix.