Chương 7 Luật hóa chất 2007: Khai báo, đăng ký và cung cấp thông tin hóa chất

Chapter VII

DECLARATION, REGISTRATION AND SUPPLY OF INFORMATION ON CHEMICALS

Article 43. Declaration of chemicals

1. Chemical-importing organizations and individuals shall declare chemicals to the Ministry of Industry and Trade; chemical-producing organizations and individuals shall declare chemicals to professional agencies managing chemical-related activities under provincial-level Peoples Committees.

2. A chemical declaration contains:

a/ Name and address of the chemical-producing or -importing organization or individual;

b/ Name, quantity and origin of the chemical.

3. Annually, professional agencies managing chemical-related activities under provincial-level Peoples Committees shall report to the Ministry of Industry and Trade declared information on chemicals in their localities.

4. The Government shall promulgate a list of chemicals subject to declaration. The Ministry of Industry and Trade shall specify the form of chemical declaration prescribed in this Article.

Article 44. Registration of new chemicals

1. New chemicals may be used or marketed only after they are registered with competent state agencies.

2. A dossier of registration of a new chemical, except cases specified in Clause 3 of this Article, comprises:

a/ An application for registration of a new chemical;

b/ The name of the new chemical under the guidance of the International Union of Pure and Applied Chemistry and the chemical formula of the chemical;

c/ Information on physical and chemical properties and hazardous properties of the chemical, certified by a new chemical-assessing organization prescribed in Article 45 of this Law.

3. A dossier of registration of a new chemical used for scientific research or protection of security and social order and safety comprises:

a/ Documents specified at Points a and b, Clause 2 of this Article;

b/ Information on the use purpose and duration of the chemical.

4. The Ministry of Industry and Trade shall specify the order of, and procedures for, and organize the registration of new chemicals.

Article 45. New chemical-assessing organizations

1. New chemical-assessing organizations are organizations capable of assessing new chemicals and designated by competent state agencies or foreign standard conformity testing organizations accredited by the Organization for Economic Cooperation and Development (OECD) regarding chemical assessment.

2. The Minister of Industry and Trade shall specify conditions on and designate new chemical-assessing organizations in Vietnam.

Article 46. Management of activities related to new chemicals

1. The Ministry of Industry and Trade shall oversee and manage activities related to new chemicals.

2. During five years from the date new chemicals are registered, annually, before January 31 of the subsequent year, organizations and individuals engaged in activities related to new chemicals shall send reports to line ministries and the Ministry of Industry and Trade.

3. The Ministry of Industry and Trade shall specify the contents and forms of reports.

Article 47. Supply of information on toxic chemicals and hazardous chemicals

1. When requested, line ministries shall supply information on toxic chemicals and hazardous chemicals under their management for curing and treatment of humans, animals and plants affected by chemical incidents.

2. The Ministry of Industry and Trade shall coordinate with the Ministry of Health and the Ministry of Natural Resources and Environment in organizing communication on prevention and treatment of effects caused by toxic chemicals and hazardous chemicals.

Article 48. Information on new hazardous properties of chemicals

1. Upon detection of signs of new hazardous properties of chemicals, organizations and individuals engaged in chemical-related activities shall promptly report these properties to the Ministry of Industry and Trade and notify these properties to organizations or individuals that have produced or imported these chemicals.

2. Organizations and individuals producing or importing chemicals which show signs of new hazardous properties shall report to the Ministry of Industry and Trade for consideration and collection of additional scientific grounds on these new hazardous properties.

3. The Ministry of Industry and Trade shall compile dossiers of chemicals which show signs of new hazardous properties in order to take measures to collect more scientific grounds and conduct additional testing to affirm new hazardous properties of chemicals.

4. After obtaining adequate proofs for determination of new hazardous properties of chemicals, the Ministry of Industry and Trade shall decide to apply appropriate measures to manage these chemicals.

5. After obtaining official conclusions of competent state agencies on new hazardous properties of chemicals, organizations and individuals that have produced or imported these chemicals shall modify and supplement chemical labels and chemical safety data sheets to suit new hazardous properties.

Article 49. Obligations to supply information

Organizations and individuals engaged in chemical-related activities are obliged to supply sufficient accurate and timely information at the request of competent agencies:

1. Upon occurrence of chemical incidents in chemical facilities;

2. For the prevention of natural disasters which may cause chemical incidents in chemical facilities

3. For the investigation and survey in service of the elaboration of strategies, plannings and plans on regional or chemical industry development;

4. For the examination and inspection of chemical-related activities.

Article 50. Confidentiality of information

1. Agencies and persons that receive declaration and registration papers and reports on chemicals shall keep information confidential at the request of the declarants, registrants and reporters, except for cases prescribed in Clause 1, Article 51, of this Law.

2. Confidential information of declarants, registrants and reporters includes:

a/ Names and quantities of chemicals to be produced, imported or traded;

b/ Information relating to technological know-how and trade secrets.

Article 51. Use of confidential information

1. Agencies and persons receiving declaration and registration papers and reports on chemicals shall supply confidential information specified in Article 50 of this Law at the request of competent state agencies.

2. Agencies and persons receiving declaration and registration papers and reports on chemicals shall preserve confidential information in accordance with law.

Article 52. Reports on production, import or use of chemicals on the list of banned chemicals

1. Annually, before January 31, organizations and individuals producing, importing or using chemicals on the list of banned chemicals shall send reports on the production, import or use of these chemicals to line ministries and the Ministry of Industry and Trade.

2. A report on production, import or use of chemicals on the list of banned chemicals must have the following principal contents:

a/ Names, use purposes and quantities of produced, imported or used chemicals;

b/ Quantities of warehoused, ex-warehoused and in-stock chemicals and the storage locations;

c/ Chemical safety measures already taken;

d/ Other information, if requested.

Article 53. Preservation of information on hazardous chemicals

1. Organizations and individuals engaged in chemical-related activities shall formulate, regularly update and preserve information on hazardous chemicals in their chemical-related activities for at least three years from the date of ending activities involving these chemicals.

2. Information to be preserved covers scientific names and trade names of chemicals; quantities of chemicals produced, imported, used or discarded; use purposes and classification of hazard categories according to the Globally Harmonized System of Classification and Labeling of Chemicals; and information relating to chemical incidents and chemical safety in the facilities.

3. If a chemical facility has several branches, hazardous chemical data must cover all information relating to the facility and its branches.

Article 54. Time limit of preservation of reports

Agencies or organizations receiving reports on chemicals specified in Articles 46 and 52 of this Law shall preserve them for at least 10 years.

Article 55. National chemical inventory and national chemical database

1. The Government shall formulate and promulgate a national chemical inventory and a national chemical database.

2. The national chemical inventory and the national chemical database must be formulated and modernized in conformity with international practice and be publicized and regularly updated.

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