Currently, the production and trading of chemicals is a difficult and complicated industry, so it is specified by Vietnamese law in the Law on Chemicals and other specialized legal documents. In order to help readers have an overview of the above industries, HT would like to summarize the legal provisions on chemicals in the document below:
Contents
- SECTION 1: LICENSE FOR UNLIMITED CHEMICALS
- I. Conditions for production of chemicals subject to conditional production and trading in the industrial sector
- II. Dossier of application for a Certificate of eligibility for production
- III. Dossier of application for the Certificate of eligibility for business
- IV. Order and procedures for appraisal and issuance of Certificate of eligibility
- V. Dossier, order and procedures for re-issuance of the Certificate of eligibility
- VI. Dossier, order and procedures for adjusting the Certificate of eligibility
- VII. Authority
- SECTION 2: LICENSE FOR LIMITED CHEMICALS
SECTION 1: LICENSE FOR UNLIMITED CHEMICALS
I. Conditions for production of chemicals subject to conditional production and trading in the industrial sector
1. Being an enterprise, cooperative or business household established in accordance with law and engaged in chemical production;
2. Physical and technical facilities must meet the following specific requirements:
2.1 Requirements for factories and warehouses
a. Workshops must meet requirements according to national technical standards and regulations, suitable to the nature, scale and technology of chemical production and storage.
b. Workshops and warehouses must have exits and exits. The exits must be clearly indicated by signs and lights and designed to facilitate the escape, rescue and rescue in case of an emergency.
c. The ventilation system of factories and warehouses must meet the regulations and standards on ventilation systems.
d. The lighting system complies with regulations to meet the requirements of chemical production and storage. Electrical equipment in workshops and warehouses containing flammable and explosive chemicals must meet standards on fire and explosion prevention and control.
D. Workshop and chemical warehouse floors must be resistant to chemicals, loads, non-slip, with good drainage and collection grooves.
e. Workshops and chemical warehouses must have a table of rules on chemical safety, have danger signs suitable to the level of danger of chemicals, and hang them in a conspicuous place. Signs showing hazardous properties of chemicals must have the following information: Chemical identification code; graphic warning, word warning, warning of danger. In case a chemical has many different hazardous properties, the warning picture must fully show those hazardous properties. In production areas with hazardous chemicals, there must be specific instructions on safe operation procedures in an easy to read and conspicuous position.
g. Workshops and warehouses must have a lightning protection system or be located in a safe lightning-protected area and periodically inspected according to current regulations.
H. For outdoor tanks, it is necessary to build dikes or other technical measures to ensure that chemicals do not escape into the environment when a chemical incident occurs and take measures to prevent fire, explosion and lightning.
i. Workshops and warehouses must fully meet the conditions on fire prevention and fighting, environmental protection, occupational safety and hygiene in accordance with relevant laws.
2.2 Requirements for technology, equipment, tools, packaging
a. The chemical production technology is selected to minimize the risk of chemical incidents and environmental pollution, and to ensure safety against fire and explosion.
b. Technical equipment must meet general safety requirements according to national technical standards and regulations, be suitable for chemical species and technological processes, and meet production capacity and business scale. Machines, equipment and supplies subject to strict requirements on occupational safety and health and testing measuring equipment must be inspected, calibrated, calibrated and maintained in accordance with current regulations on machinery inspection. , device.
2.3 Requirements for chemical storage and transportation
a. Hazardous chemicals must be classified and arranged according to the nature of each chemical. Chemicals that may react with each other or have different requirements on chemical safety, fire prevention and control are not allowed in the same area.
b. Chemicals in the warehouse must be preserved according to current national technical standards and regulations, ensuring safety and convenience requirements for chemical incident response.
3. Areas of workshops and warehouses must meet the requirements of national technical standards and regulations. The production facility has enough area to arrange production lines in accordance with the designed capacity, ensure the production stages, and meet the technological requirements;
4. The technical director or deputy director or the technical officer in charge of chemical production must have a university degree or higher in chemical majors;
5. The subjects specified in Article 32 of this Decree must be trained in chemical safety.
Organizations and individuals may only produce and trade in chemicals subject to conditional production and trading in the industrial sector after being granted a Certificate of eligibility by a competent authority and are responsible for maintaining their eligibility. conditions specified in Clauses 1 and 2 of this Article throughout the course of production and business activities. In case an organization or individual no longer meets the conditions, the Certificate will be revoked according to the provisions of Clause 2, Article 18 of the Law on Chemicals.
II. Dossier of application for a Certificate of eligibility for production
a) A written request for issuance of the Certificate of eligibility for production of chemicals subject to conditional production and trading in the industrial sector, made according to the form specified in Clause 7 of this Article;
b) A copy of the Certificate of Business Registration or Certificate of Cooperative Registration or Certificate of Business Household Registration;
c) A copy of the approval decision or written certification of documents related to environmental protection as prescribed by law, issued by a competent state management agency;
d) A copy of the certificate of approval for design of fire prevention and fighting and the written approval for acceptance of the fire prevention and fighting system issued by a competent authority for each production facility subject to approval. fire prevention and fighting design;
Minutes of safety inspection of fire prevention and fighting or a document of a competent authority proving the assurance of fire prevention and fighting safety conditions for each production establishment that is not required to be subject to compulsory fire safety inspection. Appraisal and approval of designs on fire prevention and fighting;
dd) The overall drawing of the system of premises of factories and warehouses, the contents of the drawings must ensure information on the location of the workshop, warehouse, chemical storage area, area and access road to the workshop, area. chemical production and storage areas; A copy of the document proving the right to use the land plot for the construction of the factory or warehouse or the lease contract for the factory or warehouse.
e) A declaration of technical equipment, labor safety and safety equipment of the chemical production establishment;
g) A copy of a university degree or higher in chemistry of the director or deputy technical director or the technical officer in charge of chemical production activities of the manufacturing facility;
h) A copy of the chemical safety training file as prescribed in Clause 4, Article 34 of this Decree;
i) Chemical safety sheets of dangerous chemicals in the production facility as prescribed.
III. Dossier of application for the Certificate of eligibility for business
a) A written request for issuance of a Certificate of eligibility for trading in chemicals subject to conditional production and trading in the industrial sector, made according to the form specified in Clause 7 of this Article;
b) A copy of the Certificate of Business Registration or Certificate of Cooperative Registration or Certificate of Business Household Registration;
c) A declaration of each business location;
d) A copy of the approval decision or written certification of documents related to environmental protection as prescribed by law, issued by a competent state management agency;
dd) A copy of the certificate of design appraisal and approval and the written acceptance of fire prevention and fighting design issued by a competent authority for each chemical warehouse subject to fire prevention and fighting design appraisal and approval;
Minutes of safety inspection on fire prevention and fighting or a document from a competent agency proving the assurance of fire prevention and fighting safety conditions for each chemical warehouse that is not subject to mandatory requirements. Appraisal and approval of designs on fire prevention and fighting;
e) The overall drawing of the system of premises of each business location, the content of the drawing must ensure information on the location of the warehouse, the chemical storage area, the area and the way to the chemical storage area; A copy of the document proving the right to use the land plot to build the warehouse or the warehouse lease contract in the case of warehouse rental or the contract or agreement on chemical purchase and sale in the case of using the organization’s warehouse, individuals buy or sell chemicals;
g) A declaration of technical equipment, labor protection and safety equipment of each chemical trading location;
h) A copy of the intermediate degree or higher in chemical major of the person in charge of chemical safety;
i) A copy of the chemical safety training file as prescribed in Clause 4, Article 34 of this Decree;
k) Chemical safety sheets of dangerous chemicals in business establishments as prescribed.
IV. Order and procedures for appraisal and issuance of Certificate of eligibility
a) Organizations and individuals applying for the Certificate of eligibility shall make 01 set of dossiers and send them by post or directly or through the online public service system to the agency competent to issue the Certificate in accordance with the law. specified in Clause 6 of this Article;
b) In case the dossier is incomplete and invalid, within 03 working days from the date of receiving the dossier, the certificate-issuing agency shall notify the organization or individual to supplement and complete the dossier. The time for completing the dossier is not included in the time of granting the Certificate specified at Point c of this Clause;
c) Within 12 working days from the date of receipt of complete and valid dossiers specified in Clauses 1 and 2 of this Article, the certificate-issuing agency shall consider, appraise and issue a Certificate of eligibility. conditions for organizations and individuals, and at the same time send 01 copy to the Department of Industry and Trade where the organization or individual has registered its head office. The form of the Certificate is specified in Appendix VI of this Decree. In case of refusal to issue the Certificate, the agency competent to grant the Certificate must reply in writing, clearly stating the reason.
V. Dossier, order and procedures for re-issuance of the Certificate of eligibility
a) In case the Certificate of eligibility is lost, incorrect, damaged or there is a change in the establishment registration information of the organization, individual, organization or individual, make 1 set of application for re-issuance; Certificate and send it to the Certificate-issuing agency by post or in person or through the online public service system;
b) An application for re-issuance of the Certificate includes: A written request for re-issuance of the Certificate; the original of the issued Certificate in case the Certificate is incorrect or there is a change in information of the organization or individual; the recognizable original portion of the Certificate in case the Certificate is damaged;
c) Within 05 working days from the date of receipt of complete and valid dossiers, the certificate-issuing agency shall examine and re-issue the Certificate of eligibility for organizations and individuals, and concurrently send 01 copy to the Department of Planning and Investment. Industry and Trade where the organization or individual registered their head office. In case of refusal to re-issue the Certificate, the agency competent to grant the Certificate must reply in writing, clearly stating the reason.
VI. Dossier, order and procedures for adjusting the Certificate of eligibility
a) In case there is a change in the location of the chemical production and trading establishment; type, scale and type of chemicals produced or traded, organizations or individuals shall make 01 set of dossiers of request for adjustment of the Certificate and send it to the Certificate-issuing agency by post or in person or in person. through the online public service system;
b) An application for adjustment of the Certificate includes: A written request for adjustment of the Certificate of eligibility; the original of the issued Certificate of Eligibility; papers and documents proving the satisfaction of production and business conditions for the adjusted contents;
c) The order and procedures for adjusting the Certificate are the same as for issuing a new Certificate.
VII. Authority
The Department of Industry and Trade where the organization or individual is located is responsible for appraising and granting, re-granting and adjusting the Certificate of eligibility for production and business of chemicals subject to conditional production and business. events in the industrial field for organizations and individuals; inspect, examine and supervise the observance of regulations on conditions for production and trading of chemicals subject to conditional production and trading by organizations and individuals under their management.
SECTION 2: LICENSE FOR LIMITED CHEMICALS
I. Chemicals restricted from production and trading in the industrial sector
Chemicals restricted from production and trading in the industrial sector include:
1. Substances included in the List of chemicals restricted from production and trading in the industrial sector, promulgated in Appendix II to this Decree.
2. Mixtures containing substances listed in Appendix II to this Decree are classified according to the provisions of Article 23 of this Decree and belong to at least one of the following classification groups:
a) Acute toxicity (by different exposure routes) grade 1;
b) Class 1A, 1B carcinogenic agents;
c) Reproductive toxicity grade 1A, 1B;
d) Grade 1A, 1B germ cell mutations.
=> Restricted chemicals need to apply for a license to produce and trade in chemicals restricted from production and business in the industrial field.
II. Dossier of application for a production license
a) A written request for a license to produce chemicals restricted from production and trading, made according to the form specified in Clause 7 of this Article;
b) Papers specified from point b to point i, clause 1, Article 10 of this Decree;
c) Explanation of technological process for the production of chemicals restricted from production and trading.
III. Dossier of application for a business license
a) A written request for a license to trade in chemicals restricted from production or business, made according to the form specified in Clause 7 of this Article;
b) The papers specified at Points b to k Clause 2 Article 10 of this Decree;
c) An explanation of the business plan for chemicals restricted from production and business of the organization or individual applying for the License.
IV. Order and procedures for appraisal and grant of permits
a) Organizations and individuals that apply for a license to produce and trade in chemicals restricted from production or business shall make 1 set of dossiers and send them by post or directly or via the online public service system to the agency. licensing authority;
b) In case the application is incomplete and invalid, within 03 days from the date of receipt of the application, the licensing agency shall notify the organization or individual to supplement and complete the application. The time for completing the application is not included in the time for granting the license specified at Point c of this Clause;
c) Within 16 working days from the date of receipt of complete and valid dossiers specified in Clauses 1 and 2 of this Article, the licensing agency is responsible for reviewing and appraising the dossiers, examining the actual conditions of the application. and issue licenses to organizations and individuals. The form of a license to produce and trade in chemicals restricted from production and business in the industrial sector is specified in Appendix VI of this Decree. In case of refusal to grant a license, the licensing authority must reply in writing, clearly stating the reason.
V. Authority
a) The Ministry of Industry and Trade is responsible for organizing the appraisal and granting, re-granting and adjusting the License to produce and trade in chemicals restricted from production and business in the industrial domain; prescribe the application forms specified in this Article; formulating and implementing plans for periodic inspection and examination or irregular inspection and examination when necessary, for production and trading of chemicals restricted from production and business in the industrial sector;
b) Departments of Industry and Trade of provinces and centrally run cities shall inspect, examine and supervise the implementation of regulations related to the process of chemical activities restricted from production and business by organizations and individuals. , individuals in the area under their management, report the inspection results to the Ministry of Industry and Trade. In case an organization or individual no longer meets the conditions specified in Article 15 of this Decree, the Service of Industry and Trade shall request the Ministry of Industry and Trade to consider and handle it.
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