Circular No.32/2017/TT/BCT Specifying and guiding the implementation of a number of articles of the Law on Chemicals and Decree No.

Transcription

1 Circular No.32/2017/TT/BCT Specifying and guiding the implementation of a number of articles of the Law on Chemicals and Decree No.113/2017/ND-CP Vietnam Ministry of Industry and Trade (MOIT) Translated by Chemlinked Implementation date: Dec 28, 2017

2 MINISTRY OF INDUSTRY AND TRADE NO: 32/2017/TT-BCT SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Ha Noi, 28 December 2017 CIRCULAR Providing details and guidelines for implementation of some articles of the Law on chemicals and the Decree no. 113/2017/ND-CP dated October 09, 2017 providing details and guidelines for implementation of some 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, authorization and organizational structure of the Ministry of Industry and Trade; Pursuant to the Decree No. 113/2017/ND-CP dated October 09, 2017 detailing and providing guidelines for implementation of some articles of the Law on Chemicals; Pursuant to the Decree No. 43/2017/ND-CP dated April 14, 2017 on labeling of goods; At the request of the Director of Vietnam Chemical Agency; The Minister of Industry and Trade promulgates a Circular providing details and guidelines for implementation of some articles of the Law on Chemicals and the Decree No. 113/2017/ND-CP dated October 09, 2017 providing details and guidelines for implementation of some articles of the Law on Chemicals. Article 1. Scope and subject of application 1. This Circular provides guidelines for implementation and specifies: a) Responsibility for following administrative procedures about management of industrial chemicals; b) Forms for organizations, individuals and relevant entities to use in the course of: compiling an application and appraisal, issuance, reissuance or revision of a certificate of eligibility for conditional industrial chemical production/trade; license for industrial precursor eport/import; license for restricted industrial chemical production/trade ; making an application and appraisal or approval for plans of prevention of and emergency response to chemical incidents in industry sector; form of a toic chemical sale record; forms of reports on chemical-related activities;

3 c) Establishment of plans and measures for prevention of and emergency response to chemical incidents in industry sector; d) Classification and labeling of chemicals; đ) Establisment of safety data sheets; e) Declaration of imported chemicals; g) Reporting regime of chemical management in industry and trade. 2. This Circular applies to organizations and individuals having chemical-related activities in the territory of the Socialist Republic of Viet Nam. Article 2. Definition 1. Chemical label means any writing, printed copy, drawing, photocopy of words, pictures or images that is stuck, printed, attached to, molded or carved directly on chemical commercial packaging or on another material attached to chemical commercial packaging. 2. Chemical labeling means presenting basic, necessary information on a label about chemicals to enable consumers to identify chemicals for suitable selection, consumption and use; manufacturers and traders to provide information and advertise their chemicals and competent authorities to carry out the inspections and supervisions. 3. Original label of chemical means the initial label attached to a chemical, a chemical s commercial package by the manufacturer. 4. Supplementary label means a label representing mandatory information translated the original label from foreign language into Vietnamese and added mandatory information in Vietnamese as prescribed by Vietnam s law that is missing in the original label. 5. Chemical commercial package means a package used for containing the chemical and circulating together with the such chemical, including 2 types: a) Primary package means a package that contains chemical, directly contacts with the chemical, forming the shape of the chemical or tightly covering by its shape; b) Eternal package means a package used to cover one or several units of chemicals that have own primary packages. 6. Manufacturing date is the date by which the final stage of the chemical or chemical batch is completed. 7. Epiry date of chemical means the date determined for a chemical or a batch of chemical which fails to maintain its all characteristics and quality

4 beyond the such date. The epiry date shall be epressed by a period which begins from the date of manufacture to the epiry date or epressed by day, month and year of epiry. If the epiry date is epressed by month and year, the epiry date shall be determined by the end date of the month of epiry. 9. Circulation of chemical means display, promotion, transport or storage in trade activities of chemicals, ecept the transport of chemicals from a checkpoint to a warehouse by the importer. Article 3. Administrative procedures for management of chemicals in industry. 1. Issue, reissue, revision or revocation of Certificate of eligibility for conditional industrial chemical production/trade; a) Organizations, individuals manufacture chemicals: Department of Industry and Trade in provinces or central cities where the production facility located shall receive the application, issue, reissue, revision or revocation of Certificate of eligibility for conditional industrial chemical production/trade; b) Traders of chemicals: Department of Industry and Trade in provinces or central cities where the business headquarters located shall receive the application, issue, reissue, revision or revocation of Certificate of eligibility for conditional industrial chemical production/trade; In case an organization, individual trading chemicals has a warehouse in another territory, the Department of Industry and Trade grants Certificate of egibility shall send a copy of the application to the Department of Industry and Trade of the province where the warehouse is located for comments. The Department of Industry and Trade of the province where the warehouse is located is responsible for inspection on conditions of the warehouse and send feedback by written documents on the satisfaction of requirements mentioned in the Decree No. 113/2017/ND-CP. The Department of Industry and Trade of province granting the certificate shall send the certificate of egibility to the Department of Industry and Trade of the province where the chemical warehouse is located for collaboration in inspection and supervision; c) An entity both producing and trading of conditional industrial chemicals shall submit an application for the certificate of eligibility for conditional industrial chemical production/trade including the documents stated in Clause 1 and Clause 2 Article 10 of the Decree No. 113/2017/ND-CP to the Department of Industry and Trade of the province where the business headquarter is located; 2. Vietnam Chemical Agency shall receive application, issue, reissue, revise, renew or revoke licenses of eport/import of industrial precursor. 3. Vietnam Chemical Agency shall receive application for licensing of restricted industrial chemical production/trade; carry out evaluation of dossier

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