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CIRCULAR

PROVIDING FOR THE REGISTRATION FOR USE OF HAZARDOUS CHEMICALS FOR PRODUCTION OF PRODUCTS, GOODS IN THE INDUSTRIAL FIELD

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Chemical Law, of November 21, 2007;

Pursuant to the Government’s Decree No. 108/2008/ND-CP, of October 07, 2008 detailing and guiding implementation of a number of articles of the Chemical Law; the Government’s Decree No. 26/2011/ND-CP, of 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, of November 12, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade provides for the registration for use of hazardous chemicals for production of products, goods in the industrial field.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. This Circular provides for the registration for use of hazardous chemicals (hereinafter abbreviated to the use registration) of organizations, individuals for production of products, goods in the industrial field.

2. This Circular does not apply to chemicals presented in products, goods which have been produced before the effective day of this Circular.

Article 2. Interpretation of terms

Use of hazardous chemicals is the process of hazardous chemicals used in the industrial production aiming to create the certain products or goods.

Article 3. List of hazardous chemicals

Hazardous chemicals which must be registered for use include chemicals specified in the Annex 1 promulgated together with this Circular.

Article 4. Use of hazardous chemicals

Organizations, individuals using the hazardous chemicals for production must implement regulations on rights, obligations; on storage, preservation of hazardous chemicals as prescribed by the Chemical Law.

Chapter 2.

REGISTRATION FOR, REPORT AND INSPECTION ON USE OF HAZARDOUS CHEMICALS

SECTION 1: REGISTRATION FOR USE

Article 5. Form of registration for use

Organizations, individuals using hazardous chemicals must register for use by written form to the provincial Department of Industry and Trade in charge of management of their locality within 15 (fifteen) working days before beginning the use. The registration form for use is prescribed in Annex 2 promulgated together with this Circular.

Article 6. Re-registration

Organizations and individuals must re-register for use of hazardous chemicals with the provincial Department of Industry and Trade in charge of management their locality within 15 (fifteen) working days after changing the owner, operation places or purpose of use. The registration form is prescribed in Annex 2 promulgated together with this Circular.

SECTION 2: REPORT OF USE OF HAZARDOUS CHEMICALS

Article 7. Report of organizations and individuals

Organizations and individuals using hazardous chemicals must report the use of chemicals on the basis of content registered with the provincial Department of Industry and Trade in charge of management of their locality before June 10 for the 6 (six) - month report; and before December 10 for the annual report. The content of reports is prescribed in the Annex 3 promulgated together with this Circular.

Article 8. Report of the provincial Departments of Industry and Trade

The provincial Departments of Industry and Trade shall report the use of hazardous chemicals in the areas fall in their management to the Ministry of Industry and Trade (Vietnam Chemicals Agency) before July 10 for the 6 (six) - month report; before January 10 for the annual report. The content of reports is prescribed in the Annex 4 promulgated together with this Circular.

Article 9. Confidentiality and use of the confidential information in report

1. Agencies receiving reports specified in Article 7 and Article 8 of this Circular shall keep confidential information and use the confidential information in reports of organizations and individuals as prescribed in Article 50, Article 51 of the Chemical Law and clause 1 Article 19 of the Government’s Decree No. 108/2008/ND-CP, of October 07, 2008, detailing and guiding implementation of a number of articles of the Chemical Law; Article 43 of the Circular No. 28/2010/TT-BCT, of June 28, 2010 of the Ministry of Industry and Trade, specifying a number of articles of the Chemical Law and the Decree No. 108/2008/ND-CP.

2. Important information aiming to protect community health and environment is not regarded as confidential as prescribed in clause 2 Article 19 of the Decree No. 108/2008/ND-CP.

SECTION 3: INSPECTION ON THE USE OF HAZARDOUS CHEMICALS

Article 10. Cases of irregular inspection

1. Organizations, individuals fail to register for use of hazardous chemicals as prescribed in Article 5 of this Circular.

2. Organizations, individuals fail to re-register for use of hazardous chemicals as prescribed in Article 6 of this Circular.

3. Organizations, individuals use hazardous chemicals improperly with the purpose as registered.

4. Organizations, individuals fail to report the use of hazardous chemicals as prescribed in point a clause 2 Article 13 of this Circular within 20 (twenty) days after receiving the written request for report of the provincial Department of Industry and Trade.

5. The competent superior state agencies, via their management work, detect information, documents with signs of violation of this Circular.

Article 11. Inspection agencies

1. The provincial Departments of Industry and Trade shall inspect the registration for use and report on use of hazardous chemicals of organizations, individuals under their management as prescribed in Article 10 of this Circular.

2. In the course of inspection, the inspection agencies must:

a. Have the examination decision issued by their head;

b. Ensure the objectiveness, publicity and transparency in inspection;

c. Take responsibility for the inspection result and relevant conclusions.

Chapter 3.

IMPLEMENTATION PROVISIONS

Article 12. The responsibilities of competent agencies

1. Vietnam Chemicals Agency

a. To assume the prime responsibility for, and coordinate with the provincial Departments of Industry and Trade in guidance and dissemination on implementation of this Circular;

b. To summarize the situation of registrations for use of hazardous chemicals in the industrial field of localities;

c. To assume the prime responsibility for, and coordinate with relevant agencies to consider and submit to the leaders of the Ministry for amendments and supplements to the list of hazardous chemicals specified in the Annex 1 of this Circular in conformity with the practical condition and international regulations.

2. The provincial Departments of Industry and Trade

a. To send the written requests to organizations, individuals using hazardous chemicals for implementation of the report regime as prescribed in Article 7 of this Circular. To summarize the situation of registration for use of hazardous chemicals in the industrial field of organizations, individuals in localities under their management;

b. To report to the Ministry of Industry and Trade (Vietnam Chemicals Agency): the situation of registration for use of hazardous chemicals in localities under their management; inspection results of use of hazardous chemicals as prescribed in Article 10 of this Circular.

Article 13. The responsibility of organizations, individuals

Organizations, individuals using hazardous chemicals are responsible for registration, proper purpose use and observance with this Circular. Cases violating this Circular shall be sanctioned for administrative violation in chemicals operation in accordance with law regulation.

Article 14. Effect

1. This Circular takes effect on January 01, 2014.

2. In the course of implementation, any arising problems should be reported to the Ministry of Industry and Trade for consideration, amendments and supplementations in conformity.

ANNEX 1

LIST OF HAZARDOUS CHEMICALS
(Promulgated together with the Circular No. 07/2013/TT-BCT, of April 22, 2013 of the Minister of Industry and Trade)

ANNEX 2

REGISTRATION FOR USE OF HAZARDOUS CHEMICALS
(Promulgated together with the Circular No. 07/2013/TT-BCT, of April 22, 2013 of the Minister of Industry and Trade)

REGISTRATION FOR

USE OF HAZARDOUS CHEMICALS IN THE INDUSTRIAL FIELD

Respectfully to: The Department of Industry and Trade ……….

Name of organizations, individuals:  ………………………………………….

Certificate of business registration (or permit / certificate of investment) No…………, date……..

Address of head office: ……………………………………….

Tel.: …………….Fax: …………………..Email: …………………  Website: ……………….

The places lay facilities using hazardous chemicals: ………………………………………………………

The places lay branches using hazardous chemicals (if any): ……………………………………………………..

Information of registration for use of hazardous chemicals: ……………………………………………………

We hereby commit to perform properly with the use purpose and regulations on use of hazardous chemicals for production of products, goods in the industrial field in accordance with regulations of the Chemical Law and relevant legal documents.

ANNEX 3

REPORT ON SITUATION OF USE OF HAZARDOUS CHEMICALS

(FOR ORGANIZATIONS, INDIVIDUALS)
(Promulgated together with the Circular No. 07/2013/TT-BCT, of April 22, 2013 of the Minister of Industry and Trade)

REPORT ON

SITUATION OF USE OF HAZARDOUS CHEMICALS

Respectfully to: The Department of Industry and Trade ……….

Based on the Chemical Law; the Government’s Decree No. 26/2011/ND-CP, of April 08, 2011, amending and supplementing a number of articles of the Government’s Decree No. 108/2008/ND-CP, of October 07, 2008, detailing and guiding implementation of a number of articles of the Chemical Law; the Circular No. 07/2013/TT-BCT, of April 22, 2013 of the Minister of Industry and Trade, providing for the registration for use of hazardous chemicals for production of products, goods in the industrial field      

1. Name of enterprise: ……..

2. Certificate of business registration (or permit / certificate of investment) No…………, date……..

3. Address of head office:

Tel.: ……………..Fax: ……………..Email: …………….Website: ……………….

The places lay facilities using hazardous chemicals: …………

The places lay branches using hazardous chemicals (if any): ……..

4. Information of used hazardous chemicals:

ANNEX 4

REPORT ON SITUATION OF USE OF HAZARDOUS CHEMICALS (FOR THE PROVINCIAL DEPARTMENTS OF INDUSTRY AND TRADE)
(Promulgated together with the Circular No. 07/2013/TT-BCT, of April 22, 2013 of the Minister of Industry and Trade)

REPORT ON

SITUATION OF REGISTRATION AND USE OF HAZARDOUS CHEMICALS IN MANAGEMENT LOCALITIES

Respectfully to: Vietnam Chemicals Agency (the Ministry of Industry and Trade)

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

Base on the Circular No. 07/2013/TT-BCT, of April 22, 2013 of the Minister of Industry and Trade, providing for the registration for use of hazardous chemicals in the industrial field;

The provincial Department of Industry and Trade reports the situation of use of hazardous chemicals in the industrial field in localities under management as follows:

1. Information of used hazardous chemicals used in localities:

2. The statistical quantity of organizations, individuals using hazardous chemicals in localities:

3. Assessments on situation of implementation of regulations on registration and use of hazardous chemicals in localities under management:

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