Thông tư 55/2014/TT-BCT

CIRCULAR

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF DECREE No. 38/2014/ND-CP DATED MAY 06, 2014 BY THE GOVERNMENT ON SURVEILLANCE OF CHEMICALS GOVERNED BY CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING, USE AND DESTRUCTION OF CHEMICAL WEAPONS

Pursuant to the Decision No. 167 HD/CTN dated August 24, 1998 by the President of Vietnam on approval for the Convention on prohibition of the development, production, stockpiling, use and destruction of chemical weapons;

Pursuant to Decree No. 38/2014/ND-CP dated May 06, 2014 by the Government on management of chemicals governed by the Convention on prohibition of the development, production, stockpiling, use and destruction of chemical weapons;

Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012 by the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of Department of Vietnam Chemicals Agency,

The Minister of Industry and Trade promulgates the Circular detailing and guiding the implementation of a number of articles of Decree No. 38/2014/ND-CP dated May 06, 2014 by the Government on management of chemicals governed by the Convention on prohibition of the development, production, stockpiling, use and destruction of chemical weapons.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides:

a) Guidance on fulfillment of conditions on production of Schedule 1 chemicals, Schedule 2 chemicals and Schedule 3 chemicals (hereinafter referred to as Schedule chemicals), discreet organic chemicals and PSF chemicals (DOC/PSF chemicals);

b) Specimens of the application, License for production, reissued or modified License; declaration of production, trading, processing, use, stockpiling of Schedule chemicals; official request, License for export/import; notice/declaration of Schedule chemicals; declaration of DOC, DOC/PSF chemicals; documents proving fulfillment of the conditions of production of Schedule chemicals.

2. The transit,  temporary import, temporary export of Schedule chemicals according to the regulations in the Law on Commerce, Decree No. 187/2013/ND-CP dated November 20, 2013 by the Government detailing and guiding the implementation of the Law on Commerce regarding international goods trading, trading, processing and transit brokerage activities with foreign countries and the guiding documents.

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in the production, trading, processing, consumption, storage, export and import of chemicals governed by Chemical Weapons Convention in Vietnam.

Article 3. Responsibilities of regulated organizations and individuals

1. Carry out production, trading, processing, consumption, storage, export and import of chemicals in accordance with regulations in Article 8 of Decree No. 38/2014/ND-CP dated May 06, 2014 by the Government on management of chemicals governed by the Convention on prohibition of the development, production, stockpiling, use and destruction of chemical weapons (hereinafter referred to as Decree No. 38/2014/ND-CP).

2. Fulfill the conditions for production, export and import specified in the Decree No. 38/2014/ND-CP and  carry out the production, export or import only when it is licensed by competent agency.

3. Only export or import Schedule 1 chemicals and Schedule 2 chemicals to and from members of Chemical Weapons Convention. List of members of the Chemical Weapons Convention shall be updated on Website of the Ministry of Industry and Trade.

4. Take responsibility for the accuracy of the figures in the declaration of export/import; the management and use of imported chemicals according to the purpose and the relevant law provisions.

5. Comply with the regulations on periodic reporting and irregular reporting as prescribed in this Circular; comply with the inspections of competent agencies.

6. Retain the list of customers and their information for at least 5 (five) years (applicable to Schedule 1 chemicals) and at least 2 (two) years (applicable to Schedule 2 chemicals, Schedule 3 chemicals and DOC, DOC/PSF chemicals) no matter whether or not the organization/individual carries on chemical-related activities. If a chemical establishment has multiple branch offices, the retained information shall include all the relevant information of such branch offices.

Chapter II

CONDITIONS FOR PRODUCTION OF SCHEDULE CHEMICALS, DOC AND DOC/PSF CHEMICALS. DOCUMENTS IN THE APPLICATION FOR LICENSE AND SPECIMENS OF FORMS

Section 1. CONDITIONS FOR PRODUCTION OF SCHEDULE CHEMICALS AND DOC OR DOC/PSF CHEMICALS. DOCUMENTS IN THE APPLICATION FOR LICENSE

Article 4. Conditions for production of Schedule chemicals and DOC and DOC/PSF chemicals

The implementation of Conditions for production of Schedule chemicals and DOC and DOC/PSF chemicals specified in Points c, d, dd, e, g, h and i Clause 1 Article 15; Points c and d Clause 1 Article 16 and Points c and d Article 20 of Decree No. 38/2014/ND-CP are specified as follows:

1. Facilities

a) The chemical production chain shall ensure the quality of chemicals. Machinery and equipment used for production of Schedule chemicals shall have identified and lawful origin. Machinery and equipment subject to strict requirements for safety and testing measurement equipment shall undergo inspection, calibration, adjustment according to current regulations on inspection of machinery and equipment and shall satisfy the production capacity and production technology process;

b) Storehouses shall be appropriate and shall satisfy the conditions for chemical storage, ensure compliance with fire safety standards and regulations. Every chemical storehouses shall have a notice board about chemical safety rules,a danger sign at noticeable place and a signalling system suitable for the levels of risks and the hazardous properties of chemicals.

The Schedule chemicals and DOC chemicals that are stored shall be labeled according to the applicable law provisions. Labels of Schedule chemicals shall ensure the mechanical and chemical strength during the existence of chemicals;

c) The system for treatment of exhaust gases and wastes derived from Schedule chemicals, DOC or DOC/PSF chemicals shall comply with the legislation on environment and fulfill the applicable National technical regulation concerning industrial emission, dangerous waste benchmark and solid waste;

d) Laboratories of any Schedule chemical or DOC or DOC/PSF chemical producer shall have capability of analyzing the quality norms specified in the National technical regulation applicable to output products and the quality norms specified in the standards applicable to input materials for product quality control.

If there is not any laboratory or the laboratory is not conformable to the regulation, there shall be a contract with an appointed or recognized laboratory for analyzing the quality of Schedule chemical.

2. Human resources

a) Managers and technical officers and directors of Schedule chemical production establishment shall have university degrees in chemistry or have certificates proving the professional skill in chemistry;

b) Employees who work directly with Schedule chemicals and DOC and DOC/PSF chemicals of the production establishment shall be provided with training in chemical safety according to the regulations in Circular No. 36/2014/TT-BCT dated October 22, 2014 by the Minister of Industry and Trade.

Article 5. Power to issue Licenses

1. The License for production of Schedule chemicals or DOCor DOC/PSF chemicals

a) The Ministry of Industry and Trade shall send the Prime Minister the satisfactory applications according to the regulations in Point a Clause 3 Article 17 of Decree No. 38/2014/ND-CP;

b) Vietnam Chemicals Agency is responsible for issuing Licenses for production of Schedule 2 and Schedule 3 chemicals and DOC and DOC/PSF chemicals.

2. Licenses for export/import of Schedule chemicals

a) The Ministry of Industry and Trade shall send the Prime Minister the satisfactory applications according to the regulations in Point a Clause 4 Article 19 of Decree No. 38/2014/ND-CP;

b) Vietnam Chemicals Agency is responsible for issuing Licenses for export/import of Schedule 2 and Schedule 3 chemicals.

Article 6. Documents in the application for the License for production of Schedule chemicals and DOC and DOC/PSF chemicals

1. Photocopies of the Enterprise registration certificate or the Investment certificate or the Certificate of Business registration containing the business in chemicals that are issued by competent agencies.

2. The application form for the License for production of Schedule chemicals or DOC or DOC/PSF chemicals.

3. The commitment on production of Schedule chemicals or DOC or DOC/PSF chemicals.

4. The description of manufacturing process, facilities (factories, storehouses), machinery and equipment (the inventory of machinery and equipment and their capacity appropriate to production stages and production scale of the establishment; equipment for measurement and inspection of quality of Schedule chemicals). The list of areas, floor plans of the factories, storehouses, offices and the auxiliary works.

5. Photocopies of the Decision on approval for the environmental impact assessment or the certificate of commitment to environment protection registration that are issued by competent agencies.

6. Photocopies of the Certificate of fire safety or photocopies of the decision on approval for firefighting plans issued by a competent agency.

7. List of managers, technical staff and production directors.

8. An inventory of technical equipment.

9. Photocopies of testing contract with the appointed testing organization (if any).

Article 7. Documents in the application for reissuance/modification of the License for production of Schedule chemicals or DOC or DOC/PSF chemicals

1. Documents in the application for reissuance of the License

a) An application form for reissuance of the License;

b) The original copy of the issued License (applicable to licenses that have mistakes) or the original copy of the issued License that is readable (applicable to damaged licenses);

c) If the License is lost, the organization/individual shall prepare the application according to the regulations in Point a of this Clause and send to a competent agency.

2. Documents in the application for modification of License

a) An application form for modification of the License;

b) An original copy of the issued License;

c) Documents proving the contents subject to modification according to the regulations in Point b Clause 5 Article 17 of Decree No. 38/2014/ND-CP.

Section 2. SPECIMENS OF FORMS CONCERNING EXPORT/IMPORT/DECLARATION OF SCHEDULE CHEMICALS AND BASICAL DECLARATION OF DOC OR DOC/PSF CHEMICALS

Article 8. Specimens of forms concerning the export/import of Schedule chemicals

Specimens of forms concerning the export/import of Schedule chemicals comprise: the Application for the License for export/import of Schedule chemicals; the License for export/import of Schedule chemicals; the Certificate of the final user; the Notice of export/import of Schedule 1 chemicals.

Article 9. Specimens of forms concerning the declaration of production, trading, processing, consumption, storage

1. Specimens of forms concerning the declaration of production, trading, processing or consumption of Schedule chemicals comprise: the annual declaration of production, consumption and processing of Schedule chemicals; the declaration of modification of production, processing and consumption of Schedule chemicals in the next year; the initial declaration of production, consumption and processing of Schedule chemicals; the declaration of trading, storage, export/import of Schedule chemicals.

2. Specimens of forms concerning the declaration of DOC or DOC/PSF chemicals comprise: the annual declaration of production of DOC or DOC/PSF chemicals; the initial declaration of DOC; the declaration of modification of production of DOC.

Chapter III

IMPLEMENTARY CLAUSE

Article 10. Responsibilities

1. Vietnam Chemicals Agency shall direct, guide, inspect and expedite the implementation of this Circular. Periodically provide training to develop the knowledge of organizations/individuals carrying out the production, trading, processing, consuming, storage, export and import of chemicals governed by Chemical Weapons Convention in Vietnam.

2. Market surveillance forces are responsible for inspecting the Schedule chemicals, DOC and DOC/PSF chemicals that are sold in the market and handle administrative violations according to the law provisions.

Article 11. Transitional provisions

1. Any organizations/individuals carrying out the production, trading, processing, consumption, storage, export or import of Schedule chemicals or DOC or DOC/PSF chemicals shall fulfill the conditions specified in Article 29 of Decree No. 38/2014/ND-CP and this Circular.

2. Any organizations/individuals that has started the operation shall comply with the regulations in production, trading, processing, consumption, storage, export or import of Schedule chemicals or DOC or DOC/PSF chemicals since this Circular comes into effect.

Article 12. Effect

1. This Circular comes into effect from February 15^th 2015.

2. This Circular replaces the Chapter IV of Circular No. 28/2010/TT-BCT dated June 28^th 2010 by the Minister of Industry and Trade.

3. Difficulties that arise during the implementation of this Circular should be reported to The Ministry of Industry and Trade (via Vietnam Chemicals Agency) for consideration and solution./.