MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 17/2022/TT-BCT
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Hanoi, October 27, 2022
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CIRCULAR
AMENDMENTS TO SOME ACTICLES OF CIRCULAR NO. 32/2017/TT-BCT
DATED DECEMBER 28, 2017 OF THE MINISTER OF INDUSTRY AND TRADE ON ELABORATION
AND PROVISION OF GUIDELINES FOR IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW
ON CHEMICALS AND THE GOVERNMENT’S DECREE NO. 113/2017/ND-CP DATED OCTOBER 09,
2017 ON ELABORATION AND PROVISION OF GUIDELINES FOR IMPLEMENTATION OF CERTAIN
ARTICLES OF THE LAW ON CHEMICALS
Pursuant to the Law on
Chemicals dated November 21, 2007;
Pursuant to the
Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions,
tasks, powers and organizational structure of the Ministry of Industry and
Trade of Vietnam;
Pursuant to
Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 on elaboration
and provision of guidelines for implementation of certain Articles of the Law
on Chemicals; Government's Decree No. 82/2022/ND-CP dated October 18, 2022 on
amendments to some Articles of Government’s Decree No. 113/2017/ND-CP dated
October 09, 2017 on elaboration and provision of guidelines for implementation
of certain Articles of the Law on Chemicals
Pursuant to
Government’s Decree No. 43/2017/ND-CP dated April 14, 2017 on goods labels,
Government’s Decree No. 111/2021/ND-CP dated December 09, 2021 on amendments to
some Articles of Government’s Decree No. 43/2017/ND-CP dated April 14, 2017 on
goods labels;
At the request of the
Director of Vietnam Chemicals Agency;
The Minister of
Industry and Trade promulgates a Circular on amendments to some Articles of
Circular No. 32/2017/TT-BCT dated December 28, 2017 of the Minister of Industry
and Trade on elaboration and provision of guidelines for implementation of
certain Articles of the Law on Chemicals and the Government’s Decree No.
113/2017/ND-CP dated October 09, 2017 on elaboration and provision of
guidelines for implementation of certain Articles of the Law on Chemicals.
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1. Point b Clause 1 Article 1 shall
be amended as follows:
“b) Some forms: form of
control sheet for purchase and sale of toxic chemicals; forms of reports on
chemical-related activities; forms used in the process of appraisal and
approval for the Plan for prevention and response to chemical emergencies.”.
2. Clause 3a shall be added after
Clause 3 as follows:
“Article 3a.
Duration of license to produce and trade restricted industrial chemicals
1. The new license is valid for 5 years from the date of
issuance. With regard to persistent organic pollutants (POPs), the duration of
the license is 5 years from the date of its issuance or equals to the deadline
for registration of specific exemption specified in Decree No. 08/2022/ND-CP
dated January 10, 2022 of the Government on elaboration of several Articles of
the Law on Environmental Protection, whichever comes first.
2. The expiration date of a reissued or revised license is the
same as that as the previously issued license.”.
3. Clause 3 Article 4 shall be
amended as follows:
“3. The forms used in the
process of appraisal and approval for the Plan for prevention and response to
chemical emergencies are provided in Appendix No. 3 attached hereto:
a) Form No. 03a: Decision
on establishment of the appraisal council;
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c) Form No. 03c:
Assessment sheet;
d) Form No. 03d: Report
on receipt and response to opinions of the appraisal council;
dd) Form No. 03dd:
Acknowledgement on the cover page of the Plan for prevention and response to
chemical emergencies after approval.”.
4. Article 6 shall be amended as
follows:
a) Clause 3 shall be
amended as follows:
“3. Chemicals shall be
labeled according to regulations of Government’s Decree No. 43/2017/ND-CP dated
April 14, 2017 on goods labels, Government’s Decree No. 111/2021/ND-CP dated
December 09, 2021 on amendments to some Articles of Government’s Decree No.
43/2017/ND-CP on goods labels and guidance provided in Appendix No. 8 attached
hereto.”.
b) Clause 5 shall be
amended as follows:
“5. Hazard pictograms in
transport of hazardous chemicals are provided in Appendix III on sample labels,
placards of dangerous goods enclosed with the Government’s Decree No.
42/2020/ND-CP dated April 08, 2020 on list of dangerous goods, transport of
dangerous goods by land motor vehicles and transport of dangerous goods by
inland waterways
5. Clause 1 Article 7 shall be
amended as follows:
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6. Clauses 1, 2 Article 9 shall be
amended as follows:
“1. Reporting of entities
having chemical-related activities
a) Before February 15
every year, entities having industrial chemical-related activities shall make
reports on their chemical-related activities in the previous year according to
the form No. 5a provided in Appendix No. 5 attached hereto and send them to
Vietnam Chemicals Agency, Departments of Industry and Trade of provinces where
the headquarters of entities and the chemical manufacturing facilities or
stores are located via national chemical database (https://chemicaldata.gov.vn/cms.xc);
b) Entities having
industrial chemical-related activities shall make reports on their
chemical-related activities and send them to the Vietnam Chemicals Agency,
Departments of Industry and Trade of provinces where the headquarters of entities
and the chemical manufacturing facilities or stores are located when there is
any chemical emergency arising or such activities are ceased
2. Before March 01 every year, Departments of Industry and
Trade of provinces shall report management of chemical-related activities of
entities in their provinces according to the forms No. 5b provided in Appendix
No. 5 attached hereto to the Vietnam Chemicals Agency via national chemical
database.”.
7. Clause 1 Article 10 shall be
amended as follows:
“1. The Vietnam Chemicals
Agency shall act as the focal point to manage chemical-related activities on
behalf of the Ministry of Industry and Trade.
The Vietnam Chemicals
Agency shall take charge and cooperate with relevant authorities in performance
of the following tasks under management of the Ministry of Industry and Trade:
a) Prepare legislative
documents and request competent authorities to promulgate such documents;
strategies, programs, projects, plans, mechanisms or policies on chemical
industry development; technical standards and regulations on chemicals;
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c) Perform tasks
specified in Point a, Clause 7, Article 16 of Decree No. 113/2017/ND-CP amended
in Point e, Clause 8, Article 1 of Decree No. 82/2022/ND-CP. The Director of
Vietnam Chemicals Agency shall sign under authorization of the Minister of
Industry and Trade in case of issuance, re-issuance, revision or withdrawal of
the license to produce and trade restricted industrial chemicals;
d) Advise and assist the
leaders of the Ministry of Industry and Trade to handle the documents, organize
the appraisal of the Plan for prevention and response to chemical emergencies;
request the leaders of the Ministry of Industry and Trade to establish an
appraisal council; request the leaders of the Ministry of Industry and Trade to
considerate and approve the Plan for prevention and response to chemical
emergencies; acknowledgement on the cover page of the Plan for prevention and
response to chemical emergencies after approval;
dd) Check documents and
response to information on declaration of the imported chemicals to the
declarants according to regulations of Point b Clause 14 Article 1 of Decree
No. 82/2022/ND-CP
e) Upgrade and update national
chemical database;
g) Inspect, settle
complaints and take actions against violations of chemical-related activities
under its competence.”.
8. Some regulations of Appendix 8
of Circular No. 32/2017/TT-BCT shall be amended as follows:
a) Section 6 shall be
amended as follows:
“6. Composition or
contents
a) State chemical
formula, structural formula and contents With regard to chemicals that have
been contained in pressure tank, the chemical volume must be added;
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b) Section 9 shall be
amended as follows:
“9. Name and address
of the entity which is responsible for chemicals
Name and address of the
entity which is responsible for chemicals shall be stated according to
regulations of Article 12 of Decree No. 43/2017/ND-CP amended in Clause 6,
Article 1 of Decree No. 111/2021/ND-CP.”.
c) Section 10 shall be
amended as follows:
“10. Origins of
chemicals
The origins of chemicals
shall be stated according to regulations of Article 15 of Decree No.
43/2017/ND-CP amended in Clause 7, Article 1 of Decree No. 111/2021/ND-CP.”.
Article 2. Annulment
and replacement of some regulations of Circular No. 32/2017/TT-BCT
1. Annul some regulations of Circular No. 32/2017/TT-BCT:
Point a, Clause 1, Article 1; Article 3; Clause 1, Clause 2, Article 4; Clause
1 Article 5; Clause 4 Article 6; Clause 1, Clause 2 Article 8; Point b, Clause
5, Article 10; Point b, Clause 3, Article 11; Appendices 1, 2, 6; Part 3
Appendix 7
2. Replace Appendix 3, Appendix 5 of Circular No.
32/2017/TT-BCT with Appendix 3, Appendix 5 issued together with this Circular.
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1. This Circular comes into force from December 22, 2022. The
reporting of entities and the Department of Industry and Trade specified in
Clause 6, Article 1 of this Circular comes into force from December 22, 2023.
2. Transitional regulation: The license to produce and trade
restricted industrial chemicals that have been issued before December 22, 2022
may be used until December 22, 2027 or until the deadline for registration of
exemption specified in Government’s Decree No. 08/2022/ND-CP dated January 10,
2022 on elaboration of some Articles of the Law on Environmental Protection,
whichever comes first.
3. If legislative documents referred to herein are superseded
or amended, the new ones shall apply.
4. The difficulties that arise during the implementation must
be reported to the Ministry of Industry and Trade for consideration.
PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan
APPENDIX NO. 3
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Symbols
Forms
Form No. 03a
Decision on
establishment of the appraisal council
Form No. 03b
Meeting minutes of the
appraisal council
Form No. 03c
Assessment sheet
Form No. 03d
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Form No. 03d
Acknowledgement
on the cover page of the Plan for prevention and response to chemical
emergencies after approval
Form No. 03a
MINISTRY OF …(1)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. …/QD-...(2)...
Hanoi, day…month…year…
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ESTABLISHMENT OF COUNCIL FOR APPRAISAL OF THE PLAN FOR
PREVENTION AND RESPONSE TO CHEMICAL EMERGENCIES ……..(3)…….
MINISTER ……..(1)…….
Pursuant to the Law on
Chemicals dated November 21, 2007;
Pursuant to Decree No.
…/…/ND-CP dated ……. of Government on functions, tasks, powers, and
organizational structure of ...(1)... ;
Pursuant to
Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 on and
elaboration and provision of guidelines for implementation of certain Articles
of the Law on Chemicals; Government's Decree No. 82/2022/ND-CP dated October
18, 2022 on amendments to some Articles of Government’s Decree
No.113/2017/ND-CP dated October 09, 2017 on elaboration and provision of
guidelines for implementation of certain Articles of the Law on Chemicals
Pursuant to Circular
No. 32/2017/TT-BCT dated December 28, 2017 of the Minister of Industry and
Trade on elaboration and provision of guidelines for implementation of certain Articles
of the Law on Chemicals and the Government’s Decree No. 113/2017/ND-CP dated
October 09, 2017 on elaboration and provision of guidelines for implementation
of certain Articles of the Law on Chemicals; Circular No. ….../2022/TT-BCT
dated……of the Minister of Industry and Trade on amendments to some Articles of
Circular No. 32/2017/TT-BCT dated December 28, 2017 of the Minister of Industry
and Trade on elaboration and provision of guidelines for implementation of
certain Articles of the Law on Chemicals and the Government’s Decree No.
113/2017/ND-CP dated October 09, 2017 on elaboration and provision of
guidelines for implementation of certain Articles of the Law on Chemicals
In consideration of
the application for appraisal of the Plan for prevention and response to
chemical emergencies of ……(4)…….,
At the request of ...(5)…..
HEREBY DECIDES:
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1.
2.
…
n.
Article 2. The appraisal council shall be responsible for site
inspection of the implementation of regulations on chemical safety, assessment
and appraisal of the Plan for prevention and response to chemical emergencies
stated in Article 1.
The council shall
dissolve itself after completion of its tasks.
Article 3. Funding for
appraisal
Article 4. This Decision takes effect from the date on which it is
signed.
Heads of relevant
agencies, units and individuals mentioned in Article 1 shall be responsible for
the implementation of this Decision./.
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AUTHORITY AND POSITION OF THE SIGNER
(Signature and seal)
Note:
- (1): Name of the supervisory Ministry that appraises the
Plan for prevention and response to chemical emergencies
- (2): Abbreviated name of the supervisory Ministry that
appraises the Plan for prevention and response to chemical emergencies
- (3): Specify name of project/facility, entity while
adhering to scope and subject of the Plan;
- (4): Full name of the entity which requests appraisal of
the Plan for prevention and response to chemical emergencies;
- (5): Head of agency or unit assigned to organize the
appraisal of the Plan for prevention and response to chemical emergencies;
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MINISTRY OF …(1)
APPRAISAL COUNCIL
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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…., day…..month....year....
MINUTES OF MEETING
Appraisal of the Plan for prevention and response to
chemical emergencies of …………. (2)………….
Pursuant to regulations
on appraisal of the Plan for prevention and response to chemical emergencies
specified in Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 on
elaboration and provision of guidelines for implementation of certain Articles
of the Law on Chemicals; Government's Decree No. 82/2022/ND-CP dated October
18, 2022 on amendments to some Articles of Government’s Decree No.
113/2017/ND-CP dated October 09, 2017 on elaboration and provision of
guidelines for implementation of certain Articles of the Law on Chemicals, the
council for appraisal of the Plan for prevention and response to chemical
emergencies of ...(1) holds a meeting for appraisal of the Plan for
prevention and response to chemical emergencies of ….(2)….
Time: …………………………………………..
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I. Attendees
1. Appraisal council …………………………………………………………………………….
Number of attendees: …/….
Number of
absentees:…./.... Name(s) of absentee(s):…..Chairperson:
………………………………………………………………………………………………
Secretary:
………………………………………………………………………………………….
2. Representative: ………………………………………(3)………………………………………
II. Information about
project/chemical facility
Project/chemical
facility: ……………………………(4)………………………………
Location:
………………………………………………………………………………
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Address of headquarter:
……………, Phone number: ……………………… Fax: …………
Certificate of Business
Registration/Certificate of Investment Registration No...... issued by.........
Date of issue: ........
II. Contents
………………………………………………………………………………………………………
III. Conclusion:
………………………………………………………………………………………………………
The meeting ends at
……(time)………on ……………(day/month/year)……………/
SECRETARY
(Sign and write full name)
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Note:
- (1): Name of the supervisory Ministry that appraises the
Plan for prevention and response to chemical emergencies
- (2): Specify name of project/facility, entity while
adhering to scope and subject of the Plan;
- (3): Full name of the entity which requests appraisal of
the Plan for prevention and response to chemical emergencies;
- (4): Write full name of
project/chemical facility according to the document on project or registration
of establishment of the chemical facility.
Form No. 03c
MINISTRY OF …(1)
APPRAISAL COUNCIL
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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…., day…..month....year....
ASSESSMENT SHEET
The Plan for prevention and response to chemical
emergencies of …………. (2)………….
1. Name of the Plan: the
Plan for prevention and response to chemical emergencies of …………. (2)………….
Project/chemical
facility: ……………………………(3)………………………………
Location:
………………………………………………………………………………
Investor or managing
entity: …………………(4)………………………
2. Full name of assessor:
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Agency:
3. Result of assessment. (Tick the box)
- Approval
- Approval (with revision)
- Disapproval
4. Comments:
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………………..………………………………………………………………………………….…
4.2 Contents subject to
revision
………………………………………………………………………………………………………
ASSESSOR
(Sign and write full name)
Note:
- (1): Name of the supervisory Ministry that appraises the
Plan for prevention and response to chemical emergencies
- (2): Specify name of project/facility, entity while
adhering to scope and subject of the Plan;
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- (4): Full name of the entity which requests appraisal of
the Plan for prevention and response to chemical emergencies;
Form No. 03d
NAME OF REPORTING ENTITY (1)
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: ….(2)…..
….…(3)….., day…..month....year....
REPORT
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The Plan for prevention and response to chemical
emergencies
To: ....(4)
Name of entity:
……………………………………………(1)……………………………
Address of headquarter:
……………, Phone number: ……………………… Fax: …………
Project/chemical
facility: ……………………………(5)………………………………
Location:
………………………………………………………………………………
Certificate of Business
Registration/Certificate of Investment Registration No..........issued
by......... Date of issue:.........
Pursuant to the meeting
minutes for appraisal of the Plan for prevention and response to chemical
emergencies of …………(6) …………, on………(day/month/year)….... , ………(1)……revised
the Plan for prevention and response to chemical emergencies according to
opinions of the appraisal council.
……………(1)…………
receipts and responses to opinions of the appraisal council. To be specific:
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Opinions of the council
Receipt and response to opinions
Page
1
2
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REPRESENTATIVE OF ENTITY
(signature and seal)
Note:
- (1): Full name of the entity which requests appraisal of
the Plan for prevention and response to chemical emergencies;
- (2): Codes and symbols of the documents of the entity;
- (3): Name of province
where the headquarter of the entity is located;
- (4): Name of agency that appraises the Plan for prevention
and response to chemical emergencies;
- (5): Write full name of project/chemical facility according
to the document on project or registration of establishment of the chemical
facility.
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Form No. 03d
ACKNOWLEDGEMENT
…………(1)………acknowledges
the Plan for prevention and response to chemical emergencies of …………(2)…………..at
…………(3)………….that has been approved according to Decision No. …………(4)………….dated
…………(5)…………. of the Minister of …………(6)………….
Hanoi…., day…..month....year....
AUTHORITY AND POSITION OF THE SIGNER
(Signature and seal)
Note:
- (1): Name of agency or unit assigned to organize the
appraisal of the Plan for prevention and response to chemical emergencies;
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- (3): Address of project/chemical facility according to the
document on project or registration of establishment of the chemical facility.
- (4): No. of Decision on approval for the Plan;
- (5): Date of Decision on approval for the Plan;
- (6): Name of the supervisory Ministry that approves the
Plan for prevention and response to chemical emergencies
APPENDIX NO. 5
(Issued together with Circular No. /2022/TT-BCT.
Symbols
Forms
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Report on
chemical-related activities (for the entity)
Form No. 05b
Report on management of
chemical-related activities (for Departments of Industry and Trade)
Form No. 05a
NAME OF ENTITY
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: ………
……(1)……., day…..month....year....
...
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To:
- Vietnam Chemicals Agency;
- Department of Industry and Trade ………..(2)……….
Pursuant to the Law on
Chemicals dated November 21, 2007;
Pursuant to
Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 on and
elaboration and provision of guidelines for implementation of certain Articles
of the Law on Chemicals; Government's Decree No. 82/2022/ND-CP dated October
18, 2022 on amendments to some Articles of Government’s Decree
No.113/2017/ND-CP dated October 09, 2017 on elaboration and provision of
guidelines for implementation of certain Articles of the Law on Chemicals;
Pursuant to Circular
No. 32/2017/TT-BCT dated December 28, 2017 of the Minister of Industry and Trade
on elaboration and provision of guidelines for implementation of certain
Articles of the Law on Chemicals and the Government’s Decree No. 113/2017/ND-CP
dated October 09, 2017 on elaboration and provision of guidelines for
implementation of certain Articles of the Law on Chemicals; Circular No.
….../2022/TT-BCT dated……of the Minister of Industry and Trade on amendments to
some Articles of Circular No. 32/2017/TT-BCT dated December 28, 2017 of the
Minister of Industry and Trade on elaboration and provision of guidelines for
implementation of certain Articles of the Law on Chemicals and the Government’s
Decree No. 113/2017/ND-CP dated October 09, 2017 on elaboration and provision
of guidelines for implementation of certain Articles of the Law on Chemicals;
(Name of the entity)
reports chemical-related activities in ……..(year)…… as follows:
Part I: GENERAL INFORMATION
1. Name of entity: …………………………………………………………………………
2. Address of headquarter:
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3. Enterprise/Cooperative/Household Business Registration
Certificate No..........issued by......... Date of issue:.........
4. Taxpayer Identification Number:
……………………………………………………………………………………………
5. List of chemical facilities
NO.
Name
Address
Phone number
Fax
1
...
...
...
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2
…
...
...
...
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n
Part II: REPORT ON EXPORT AND IMPORT OF CHEMICALS
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1. Report on export
and import of restricted industrial chemicals, conditional industrial
chemicals, schedule chemicals and other dangerous chemicals.
2. Report on total weight of chemicals subject to export,
import according to year or exporting or importing country
NO.
Trade name
Information about chemicals/ name of chemical composition
Activities
Actual weight of chemicals subject to export or import
(kg)
Exporting or importing country
Name of chemical
...
...
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Concentration(5) (%)
Import
Export
I. Restricted
industrial chemicals (6)
1.
...
...
...
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□
□
2.
...
...
...
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□
□
….
...
...
...
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n.
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...
...
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II. Conditional
industrial chemicals (7)
II. 1. Industrial
precursor chemicals
1.
...
...
...
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□
2.
□
...
...
...
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…
...
...
...
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n.
□
□
...
...
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II. 2. Other
conditional industrial chemicals
1.
□
□
...
...
...
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2.
□
□
...
...
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n.
...
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□
□
III. Schedule
chemicals(8)
1.
...
...
...
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□
□
2.
...
...
...
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□
□
…
...
...
...
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n.
...
...
...
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□
□
IV. Other dangerous
chemicals
1.
...
...
...
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□
□
2.
...
...
...
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□
...
...
...
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n.
□
□
...
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Part III. REPORT ON DOMESTIC TRADE IN CHEMICALS
Requirements for
contents:
1. Report on trade
in restricted industrial chemicals, conditional industrial chemicals, schedule
chemicals and other dangerous chemicals.
2. Report on total weight of chemicals subject to domestic
trade according to year or trading entity.
3. List:
- License to produce and trade restricted industrial
chemicals. No…./GP-BCT dated ……of the Ministry of Industry and Trade (if
any);
- Certificate of eligibility for production, trade in
conditional industrial chemicals. No. ..../GCN-SCT dated.................of
Department of Industry and Trade (if any).
NO.
...
...
...
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Information about chemicals/ name of composition
Activities
Actual weight of chemicals subject to trade (kg)
Name of trading entity
Taxpayer Identification Number of trading entity
Purposes of purchasers
Name of chemical(4)
CAS code(4)
Concentration(5) (%)
...
...
...
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Sale
Trade
Use
I. Restricted
industrial chemicals (6)
...
...
...
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1.
□
□
...
...
...
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□
□
2.
□
□
...
...
...
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□
□
…
...
...
...
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n.
...
...
...
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□
□
□
□
II. Conditional
industrial chemicals (7)
...
...
...
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1.
□
□
...
...
...
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□
□
2.
□
□
...
...
...
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□
□
…
...
...
...
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n.
...
...
...
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□
□
□
□
II. 2. Other
conditional industrial chemicals
...
...
...
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□
□
...
...
...
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□
2.
□
□
...
...
...
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□
□
…
...
...
...
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n.
...
...
...
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□
□
□
□
III. Schedule
chemicals (8)
1.
...
...
...
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□
□
□
...
...
...
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2
□
□
...
...
...
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□
□
…
...
...
...
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n.
...
...
...
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□
□
□
IV. Other dangerous
chemicals
1.
...
...
...
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□
□
□
□
...
...
...
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□
□
...
...
...
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□
…
...
...
...
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n.
□
...
...
...
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□
□
Part IV: DECLARATION AND REPORT ON PRODUCTION OF CHEMICALS
Requirements for
contents:
1. Report on
production of restricted industrial chemicals, conditional industrial
chemicals, schedule chemicals and other dangerous chemicals.
2. List:
...
...
...
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- Certificate of eligibility for production, trade in
conditional industrial chemicals. No. ..../GCN-SCT dated.................of
Department of Industry and Trade (if any).
- License to produce schedule chemicals. No. ..../GP-HC dated
…… of the Ministry of Industry and Trade/Vietnam Chemicals Agency (if any).
NO.
Trade name(4)
Information about chemicals/ name of composition
Maximum production capacity (kg/year)
Actual weight of chemicals subject to production (kg)
Name of the facility
Name of chemical(4)
...
...
...
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Concentration(%) (5)
I. Restricted
industrial chemicals (6)
1.
...
...
...
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2.
...
...
...
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…
n.
...
...
...
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II. Conditional
industrial chemicals (7)
II. 1. Industrial
precursor chemicals
1.
...
...
...
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2.
...
...
...
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…
...
...
...
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n.
...
...
...
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II. 2. Other
conditional industrial chemicals
1.
...
...
...
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…
...
...
...
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n.
...
...
...
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III. Schedule
chemicals (8)
1.
...
...
...
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2.
...
...
...
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…
n.
...
...
...
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IV. Other dangerous
chemicals
1.
...
...
...
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2.
...
...
...
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…
...
...
...
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n.
...
...
...
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Requirement for contents:
Report on use of restricted industrial chemicals, conditional industrial
chemicals, schedule chemicals and other dangerous chemicals.
NO.
Trade name
Information about chemicals/ name of composition
Maximum weight used (kg/year)
Weight actually used
Name of the facility
Code of intended use (*)
Intended use
...
...
...
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CAS code(4)
Concentration(%) (5)
I. Restricted
industrial chemicals (6)
1.
...
...
...
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2.
...
...
...
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…
...
...
...
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n.
...
...
...
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II. Conditional
industrial chemicals (7)
...
...
...
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1.
...
...
...
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2.
...
...
...
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…
...
...
...
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n.
...
...
...
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II. 2. Other
conditional industrial chemicals
1.
...
...
...
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2.
...
...
...
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…
...
...
...
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n.
...
...
...
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III. Schedule
chemicals (8)
1.
...
...
...
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2.
...
...
...
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…
...
...
...
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n.
...
...
...
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IV. Other dangerous
chemicals
1.
...
...
...
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2.
...
...
...
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…
...
...
...
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n.
...
...
...
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Note: (*): Use the
codes in conformity with intended use listed in the table below:
Code of the list of intended use
List of intended use
01
- Intermediates, semi-finished products
02
...
...
...
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03
- Solvent for adhesive, pressure-sensitive adhesive
04
- Solvent for cleaning and metal cleaning
05
- Solvents for fabric cleaning (drying, laundry industry,)
06
- Other cleaning solvents
07
...
...
...
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08
- Solvent for aerosol
09
- Other types of solvents.
10
- Chemical reaction modification substances
11
- Colorant
12
...
...
...
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13
- Detergent for household or public use
14
- Polish and wax blend (e.g. floor, car, leather)
15
- Paint and coating (including primer)
16
- Printing inks and toners (including inks for stationery
and resist inks – lamination printing)
17
...
...
...
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18
- Germicidal products directly used in products
19
- Germicidal products for industrial use without direct use
in products
20
- Germicidal products for household or public use
21
- Explosive products (including fireworks)
22
...
...
...
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23
- Adhesive and sealant
24
- Photosensitive material, photographic material and
printing plate material
25
- Textile products (including non-woven fabric
manufacturing)
26
- Papers and paperboards
27
...
...
...
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28
- Rubber products
29
- Leather products
30
- Glass products, enamel products and cement products
31
- Refractory and decorative ceramic products
32
...
...
...
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33
- Metal products
34
- Surface treatment chemicals
35
- Welding products
36
- Hydraulic fluid, insulating oil, process oil, lubricating
oil (e.g. Engine lubricating oil, bearing oil, compressor oil, grease)
37
...
...
...
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38
- Electrical and electronic products
39
- Electric battery, accumulator
40
- Water treatment chemicals
41
- Desiccant and absorbent
42
...
...
...
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43
- Antifreezing and thawing agents
44
- Additives for construction materials and products (e.g.
concrete admixtures, wood impregnating agents)
45
- Additives for construction materials and products (e.g.
snowmelt agent, soil conditioners, fire extinguishers)
46
- Froth flotation chemical
47
...
...
...
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48
- Other purposes of use
PART VI: CHEMICAL SAFETY
1. General situation of compliance with regulations on
chemical safety
1.1. Chemical facility
1: ……………………………………………………………
- Make the Plan and adopt Measures for prevention and
response to chemical emergencies: □ Yes □ No
- Change contents of the Plan and Measure for prevention and
response to chemical emergencies: □ Yes □ No
In case of change,
briefly state reasons
- Organize chemical emergency drills according to the Plan
and Measure for prevention and response to chemical emergencies: □ Yes □ No
...
...
...
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1.2. Chemical facility
2: ……………………………………………………………
- Make the Plan and adopt Measure for prevention and response
to chemical emergencies: □ Yes □ No
- Change contents of the Plan and Measure for prevention and
response to chemical emergencies: □ Yes □ No
In case of change,
briefly state reasons
- Organize chemical emergency drills according to the Plan
and Measure for prevention and response to chemical emergencies: □ Yes □ No
In case of organization
of the drills, briefly state the time, scenario, location, agencies and units
that participate and cooperate in the drills. In case of failure to organize
the drills, report reasons
2. Accidents or emergencies
NO.
Name of the facility where the chemical
emergencies occur
...
...
...
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CAS code
Volume of spilled chemicals
Consequences for the facility
Consequences for surrounding areas
Quantity of the dead
Quantity of persons with health issues
due to chemical emergencies
Estimated physical damage
Quantity of the dead
Quantity of persons with health issues
due to chemical emergencies
...
...
...
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1
...
...
...
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2
...
...
...
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…
...
...
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n
...
...
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Briefly report
causes, developments, consequences and remedial process for each emergency:
………….…………………………………………………………………………………………..
………………………………………………………………………………………………………
………………………………………………………………………………………………………
3. Situation of chemical safety training
...
...
...
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NO.
Training session
Information about instructors;
Quantity of trainees
Quantity of persons who meet requirements
Note
I
Group 1:
...
...
...
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1
Day…month…year
Full name
Level, experience
...
...
...
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2
Day…month…year
Full name
Level, experience
...
...
...
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…
Day…month…year
Full name
Level, experience
...
...
...
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n
Day…month…year
Full name
Level, experience
...
...
...
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II
Group 2:
1
Day…month…year
Full name
Level, experience
...
...
...
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2
Day…month…year
Full name
Level, experience
...
...
...
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…
Day…month…year
Full name
Level, experience
...
...
...
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n
Day…month…year
Full name
Level, experience
...
...
...
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III
Group 3:
1
Day…month…year
Full name
Level, experience
...
...
...
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2
Day…month…year
Full name
Level, experience
...
...
...
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…
Day…month…year
Full name
Level, experience
...
...
...
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n
Day…month…year
Full name
Level, experience
...
...
...
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3.2. Chemical facility
2: ……………………………………………………………
NO.
Training session
Information about instructors;
Quantity of trainees
Quantity of trainees who meet requirements
Note
...
...
...
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Group 1:
1
Day…month…year
Full name
Level, experience
...
...
...
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2
Day…month…year
Full name
Level, experience
...
...
...
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…
Day…month…year
Full name
Level, experience
...
...
...
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n
Day…month…year
Full name
Level, experience
...
...
...
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II
Group 2:
1
Day…month…year
...
...
...
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Level, experience
2
Day…month…year
...
...
...
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Level, experience
…
Day…month…year
...
...
...
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Level, experience
n
Day…month…year
...
...
...
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Level, experience
III
Group 3:
1
...
...
...
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Full name
Level, experience
2
...
...
...
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Full name
Level, experience
…
...
...
...
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Full name
Level, experience
n
...
...
...
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Full name
Level, experience
Entities engaged in
chemical-related activities commit not to use chemicals for purposes relevant
to chemical weapons. The information in this general report on chemical
activities is accurate. In case of any incorrect information, the entities
engaged in chemical-related activities suffer punishment according to
regulations of law.
...
...
...
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...(1)...,, day…month…year…
HEAD OF UNIT
(Signature and seal)
Note:
- (1): Name of province where the headquarter of the
reporting entity is located;
- (2): Departments of Industry and Trade of provinces where
the headquarters of entities and the chemical manufacturing facilities or
stores are located
- (3): Clearly state information: House
number:…………….Ward/commune:…………….District:…………Province/city:………….;
- (4): Information on trade name, name of chemical, CAS code
shall be declared according to the information on the issued license or
certificate (in case the license or certificate has been issued);
- (5): Calculate the
accurate or average percentage (%) of the chemical in the
mixture;
- (6): List of conditional industrial chemicals specified in
Appendix I issued together with the Government's Decree No. 113/2017/ND-CP
dated October 09, 2017 amended in Government's Decree No. 17/2020/ND-CP dated
February 05, 2020 on amendments to certain Articles of Decrees relevant to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade and Decree No. 82/2022/ND-CP;
...
...
...
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- (8): List of schedule chemicals specified in the Appendix
issued together with the Government's Decree No. 38/2014/ND-CP dated May 06,
2014 and relevant legal documents;
- (9): Quantity of persons subject to hospitalization and
care of medical staff.
Form No. 05b
THE PEOPLE 'S COMMITTEE……….
DEPARTMENT OF INDUSTRY AND TRADE
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
--------------
No: …………./……..
…….., day ….. month ….. year…….
...
...
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To: Vietnam Chemicals Agency (4)
Pursuant to the Law on
Chemicals dated November 21, 2007;
Pursuant to
Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 on and
elaboration and provision of guidelines for implementation of certain Articles
of the Law on Chemicals; Government's Decree No. 82/2022/ND-CP dated October
18, 2022 on amendments to some Articles of Government’s Decree
No.113/2017/ND-CP dated October 09, 2017 on elaboration and provision of
guidelines for implementation of certain Articles of the Law on Chemicals;
Circular No.
32/2017/TT-BCT dated December 28, 2017 of the Minister of Industry and Trade on
elaboration and provision of guidelines for implementation of certain Articles
of the Law on Chemicals and the Government’s Decree No. 113/2017/ND-CP dated
October 09, 2017 on elaboration and provision of guidelines for implementation
of certain Articles of the Law on Chemicals; Circular No. ….../2022/TT-BCT
dated……of the Minister of Industry and Trade on amendments to some Articles of
Circular No. 32/2017/TT-BCT dated December 28, 2017 of the Minister of Industry
and Trade on elaboration and provision of guidelines for implementation of
certain Articles of the Law on Chemicals and the Government’s Decree No.
113/2017/ND-CP dated October 09, 2017 on elaboration and provision of
guidelines for implementation of certain Articles of the Law on Chemicals;
Department of Industry
and Trade …………..reports management and chemical-related activities in their
province. To be specific:
II. General information
about chemical-related activities
Total quantity of facilities producing chemicals
Total quantity of facilities selling chemicals
Total quantity of facilities using chemicals
...
...
...
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II. Management of
chemicals
1. Issuance of certificate of eligibility for production,
trade in conditional industrial chemicals
1.1. Total quantity of
certificates that have been issued: ……………………………………………………..
1.2. Certificates that
have been issued in ……………(year)………………………………………..
NO.
Name of the entity having chemical-related activities
Registration number
...
...
...
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Activities
Production
Trade
1
□
□
...
...
...
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□
□
…
...
...
...
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n
□
□
1.3. The Department of
Industry and Trade shall cooperate in appraisal of chemical facilities to
issue, re-issue and revise the certificate of eligibility for production and
trade in conditional industrial chemicals for the entity in province in year….
NO.
...
...
...
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Registration number
Department of Industry and Trade that issues certificate
1
2
...
...
...
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…
n
2. Management of chemical safety
...
...
...
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2.2. Measures for
prevention and response to chemical emergencies that have been adopted in
………..(year)………..
NO.
Name of the entity having chemical-related activities
Registration number
Location of project/chemical facility
1
...
...
...
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…
n
...
...
...
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2.3. Chemical emergency
drills under in the presence or direction in …….(year)……
NO.
Name of the entity having chemical-related activities
Registration number
Location of project/chemical facility
1
...
...
...
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2
…
n
...
...
...
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2.4. Situation of
chemical emergencies in ………(year)..………..
Total quantity of
emergencies that have occurred: :…………………………………………………………………..
NO.
Name of the facility where the chemical emergencies have
occurred
Name of relevant chemical
CAS code
Consequences
...
...
...
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Quantity of persons with health issues due to chemical
emergencies(1)
Estimated physical damage
1
...
...
...
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…
...
...
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Briefly report causes,
developments, consequences and remedial process for each emergency:
3. Situation of organization of chemical emergency drills at
provincial level in …….(year)……
Organize chemical
emergency drills at provincial level according to the Plan for prevention and
response to chemical emergencies: □ Yes □ No
In case of failure to
organize the drills, clearly state reasons
4. Inspection and examination in ……(year);
- Total quantity of inspection and examination sessions:
……………………………………………………………..
- Quantity of violation cases: …………………………………………………………………………………
- Common violations: ……………………………………………………………
- Total amount of imposed/proposed fines:
………………………………………………………
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NO.
Name of the entity
Registration number
Violations
Penalties
Total amount of fines/fines according to proposal:
1
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2
…
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III. Recommendations
Recommendations on:
- Legal document system;
- Method of dissemination of legal documents;
- Chemical management capacity improvement;
- Dissemination of information for the purpose of increase in
awareness of chemical safety for entities involved in chemical-related
activities;
- Organization of chemical emergency drills at provincial and
grassroots level
- Difficulties and problems
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HEAD OF UNIT
(Signature and seal)
Note:
- (1): Quantity of people subject to hospitalization and care
of medical staff.