Thông tư 17/2022/TT-BCT của Bộ Công Thương về việc sửa đổi, bổ sung một số điều của Thông tư 32/2017/TT-BCT ngày 28/12/2017 của Bộ trưởng Bộ Công Thương quy định cụ thể và hướng dẫn thi hành một số điều của Luật Hóa chất và Nghị định 113/2017/NĐ-CP ngày 09/10/2017 của Chính phủ quy định chi tiết và hướng dẫn …

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…

...

...

...

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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n

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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

...

...

...

2

…

...

...

...

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

...

...

...

Concentration⁽⁵⁾  (%)

Import

Export

I. Restricted industrial chemicals ⁽⁶⁾

1.

...

...

...

□

□

2.

...

...

...

□

□

….

...

...

...

n.

□

...

...

...

II. Conditional industrial chemicals ⁽⁷⁾

II. 1. Industrial precursor chemicals

1.

...

...

...

□

2.

□

...

...

...

…

...

...

...

n.

□

□

...

...

...

II. 2. Other conditional industrial chemicals

1.

□

□

...

...

...

2.

□

□

...

...

...

n.

...

...

...

□

□

III. Schedule chemicals⁽⁸⁾

1.

...

...

...

□

□

2.

...

...

...

□

□

…

...

...

...

n.

...

...

...

□

□

IV. Other dangerous chemicals

1.

...

...

...

□

□

2.

...

...

...

□

...

...

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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.

...

...

...

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⁾  (%)

...

...

...

Sale

Trade

Use

I. Restricted industrial chemicals (6)

...

...

...

1.

□

□

...

...

...

□

□

2.

□

□

...

...

...

□

□

…

...

...

...

n.

...

...

...

□

□

□

□

II. Conditional industrial chemicals ⁽⁷⁾

...

...

...

1.

□

□

...

...

...

□

□

2.

□

□

...

...

...

□

□

…

...

...

...

n.

...

...

...

□

□

□

□

II. 2. Other conditional industrial chemicals

...

...

...

□

□

...

...

...

□

2.

□

□

...

...

...

□

□

…

...

...

...

n.

...

...

...

□

□

□

□

III. Schedule chemicals ⁽⁸⁾

1.

...

...

...

□

□

□

...

...

...

2

□

□

...

...

...

□

□

…

...

...

...

n.

...

...

...

□

□

□

IV. Other dangerous chemicals

1.

...

...

...

□

□

□

□

...

...

...

□

□

...

...

...

□

…

...

...

...

n.

□

...

...

...

□

□

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:

...

...

...

- 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⁾

...

...

...

Concentration(%)  ⁽⁵⁾

I. Restricted industrial chemicals ⁽⁶⁾

1.

...

...

...

2.

...

...

...

…

n.

...

...

...

II. Conditional industrial chemicals ⁽⁷⁾

II. 1. Industrial precursor chemicals

1.

...

...

...

2.

...

...

...

…

...

...

...

n.

...

...

...

II. 2. Other conditional industrial chemicals

1.

...

...

...

…

...

...

...

n.

...

...

...

III. Schedule chemicals ⁽⁸⁾

1.

...

...

...

2.

...

...

...

…

n.

...

...

...

IV. Other dangerous chemicals

1.

...

...

...

2.

...

...

...

…

...

...

...

n.

...

...

...

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

...

...

...

CAS code⁽⁴⁾

Concentration(%) ⁽⁵⁾

I. Restricted industrial chemicals ⁽⁶⁾

1.

...

...

...

2.

...

...

...

…

...

...

...

n.

...

...

...

II. Conditional industrial chemicals ⁽⁷⁾

...

...

...

1.

...

...

...

2.

...

...

...

…

...

...

...

n.

...

...

...

II. 2. Other conditional industrial chemicals

1.

...

...

...

2.

...

...

...

…

...

...

...

n.

...

...

...

III. Schedule chemicals ⁽⁸⁾

1.

...

...

...

2.

...

...

...

…

...

...

...

n.

...

...

...

IV. Other dangerous chemicals

1.

...

...

...

2.

...

...

...

…

...

...

...

n.

...

...

...

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

...

...

...

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

...

...

...

08

- Solvent for aerosol

09

- Other types of solvents.

10

- Chemical reaction modification substances

11

- Colorant

12

...

...

...

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

...

...

...

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

...

...

...

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

...

...

...

28

- Rubber products

29

- Leather products

30

- Glass products, enamel products and cement products

31

- Refractory and decorative ceramic products

32

...

...

...

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

...

...

...

38

- Electrical and electronic products

39

- Electric battery, accumulator

40

- Water treatment chemicals

41

- Desiccant and absorbent

42

...

...

...

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

...

...

...

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

...

...

...

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 

...

...

...

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

...

...

...

1

...

...

...

2

...

...

...

…

...

...

...

n

...

...

...

Briefly report causes, developments, consequences and remedial process for each emergency:

………….…………………………………………………………………………………………..

………………………………………………………………………………………………………

………………………………………………………………………………………………………

3. Situation of chemical safety training

...

...

...

NO.

Training session

Information about instructors;

Quantity of trainees

Quantity of persons who meet requirements

Note

I

Group 1:

...

...

...

1

Day…month…year

Full name

Level, experience

...

...

...

2

Day…month…year

Full name

Level, experience

...

...

...

…

Day…month…year

Full name

Level, experience

...

...

...

n

Day…month…year

Full name

Level, experience

...

...

...

II

Group 2:

1

Day…month…year

Full name

Level, experience

...

...

...

2

Day…month…year

Full name

Level, experience

...

...

...

…

Day…month…year

Full name

Level, experience

...

...

...

n

Day…month…year

Full name

Level, experience

...

...

...

III

Group 3:

1

Day…month…year

Full name

Level, experience

...

...

...

2

Day…month…year

Full name

Level, experience

...

...

...

…

Day…month…year

Full name

Level, experience

...

...

...

n

Day…month…year

Full name

Level, experience

...

...

...

3.2. Chemical facility 2: ……………………………………………………………

NO.

Training session

Information about instructors;

Quantity of trainees

Quantity of trainees who meet requirements

Note

...

...

...

Group 1:

1

Day…month…year

Full name

Level, experience

...

...

...

2

Day…month…year

Full name

Level, experience

...

...

...

…

Day…month…year

Full name

Level, experience

...

...

...

n

Day…month…year

Full name

Level, experience

...

...

...

II

Group 2:

1

Day…month…year

...

...

...

Level, experience

2

Day…month…year

...

...

...

Level, experience

…

Day…month…year

...

...

...

Level, experience

n

Day…month…year

...

...

...

Level, experience

III

Group 3:

1

...

...

...

Full name

Level, experience

2

...

...

...

Full name

Level, experience

…

...

...

...

Full name

Level, experience

n

...

...

...

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.

...

...

...

...⁽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;

...

...

...

- (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…….

...

...

...

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

...

...

...

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

...

...

...

Activities

Production

Trade

1

□

□

...

...

...

□

□

…

...

...

...

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.

...

...

...

Registration number

Department of Industry and Trade that issues certificate

1

2

...

...

...

…

n

2. Management of chemical safety

...

...

...

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

...

...

...

…

n

...

...

...

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

...

...

...

2

…

n

...

...

...

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

...

...

...

Quantity of persons with health issues due to chemical emergencies⁽¹⁾

Estimated physical damage

1

...

...

...

…

...

...

...

n

...

...

...

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: ………………………………………………………

...

...

...

NO.

Name of the entity

Registration number

Violations

Penalties

Total amount of fines/fines according to proposal:

1

...

...

...

2

…

...

...

...

n

...

...

...

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

...

...

...

HEAD OF UNIT
(Signature and seal)

Note:

- (1): Quantity of people subject to hospitalization and care of medical staff.