Chương 5 Luật hóa chất 2007: Sử dụng hóa chất

Chapter V

USE OF CHEMICALS

Article 30. Rights and obligations of organizations and individuals using chemicals for production of other products and goods

1. Organizations and individuals using chemicals for production of other products and goods may request suppliers of hazardous chemicals to provide adequate and accurate information on their properties and characteristics, information on their classification and labeling and their chemical safety data sheets.

2. Organizations and individuals using chemicals for production of other products and goods have the following obligations:

a/ To abide by regulations on chemical safety management;

b/ To have persons in charge of chemical safety; to satisfy requirements on material-technical foundations and professional capacity regarding chemical safety suitable to the quantity and properties of chemicals;

c/ To provide periodical training and re-training in chemical safety to their laborers;

d/ To provide sufficient, accurate and timely information and guidance on chemical safety to laborers and managers;

dd/ To work out chemical incident prevention and response measures or plans as prescribed in Chapter VI of this Law;

e/ To update and store information on used chemicals as prescribed in Article 53 of this Law;

g/ To promptly notify chemical suppliers and chemical management agencies upon detection of signs of new hazardous properties of used chemicals;

h/ To abide by inspection requests of competent state management agencies in the implementation of regulations on chemical safety.

Article 31. Rights and obligations of organizations and individuals using hazardous chemicals for production of other products and goods

1. Organizations and individuals using hazardous chemicals for production of other products and goods, apart from having the rights and obligations defined in Article 30 of this Law, shall perform the following obligations:

a/ To ensure safety conditions for humans and the environment in the process of using and preserving hazardous chemicals;

b/ To abide by technical regulations on the contents and quality standards of hazardous chemicals in the production of other products and goods;

c/ Not to use toxic chemicals having properties specified at Points h, i, j or k, Clause 4, Article 4, of this Law in food, cosmetics, food additives or food preservatives;

d/ To install a signaling system in the places where hazardous chemicals are used or stored which is suitable to the hazard of chemicals; if the chemicals have different hazardous properties, the warning signs must fully display these properties;

dd/ To supply sufficient, accurate and timely information and guidance on chemical safety to persons who directly use, preserve or transport chemicals and persons who manage chemical production;

e/ To observe legal provisions on disposal and discard of hazardous chemicals and their containers.

2. Line agencies shall promulgate a list of, and manage activities related to, chemicals which are prohibited from use in the production of other products and goods falling under their management scope in accordance with this Law and other relevant laws.

Article 32. Rights and obligations of organizations and individuals using chemicals for consumption purposes

1. Organizations and individuals using chemicals for consumption purposes may request suppliers to provide sufficient information on hazardous properties of chemicals and safety requirements and pay compensation for damage caused in the process of using chemicals due to incorrect information provided by suppliers.

2. Organizations and individuals using chemicals for consumption purposes are obliged to strictly comply with technical instructions accompanied with chemicals or displayed in chemical labels and ensure safety for themselves and the community.

Article 33. Use of chemicals for scientific experimentation and research

1. Heads of testing laboratories and scientific research establishments and persons directly using chemicals for scientific experimentation or research shall fully abide by the provisions on chemical safety in this Law and other relevant laws.

2. Testing laboratories must have safety equipment and devices and labor protection equipment and devices suitable to hazardous properties of chemicals.

3. Chemical containers in testing laboratories and warehouses must be labeled in accordance with requirements on chemical labeling as prescribed by law.

4. Testing laboratories shall make dossiers for supervision of chemicals in order to periodically update the situation of the use of chemicals; and preserve chemical safety data sheets.

5. The Ministry of Science and Technology shall provide for the use of chemicals for scientific experimentation and research.

Article 34. Storage and preservation of hazardous chemicals in use

1. Organizations and individuals using hazardous chemicals for production of products and goods shall abide by the provisions of Article 21 of this Law on storage and preservation of hazardous chemicals.

2. Organizations and individuals using hazardous chemicals for consumption purposes shall abide by manufacturer instructions which are displayed on labels or packages of, or in the use instruction sheets accompanied with, chemical products.

Article 35. Disposal of discarded chemicals

1. Organizations and individuals using chemicals for production of products and goods or using chemicals for scientific experimentation or research or consumption shall dispose of and discard residual chemicals and chemical wastes and containers according to the law on environmental protection.

2. Discarded chemicals must be disposed of by appropriate technologies up to environmental protection standards.

3. Chemicals consumed by households and individuals must be discarded according to manufacturer recommendations and legal provisions on environmental protection so as to ensure safety for humans and the environment.