Chapter VI
INFORMATION ON CHEMICALS
Article 18.- Procedures for declaration of chemicals
1. Declaration-receiving agencies
Provincial/municipal Industry and Trade Services shall receive dossiers of declaration of organizations and individuals producing chemicals on the list of chemicals subject to compulsory declaration in localities under their management.
The Ministry of Industry and Trade shall receive dossiers of declaration from organizations and individuals importing chemicals on the list of chemicals subject to compulsory declaration.
2. Dossiers of declaration
A declaring organization or individual shall make two (2) dossier sets, each comprising:
a/ A written declaration of the chemical, made according to a form set by the Ministry of Industry and Trade;
b/ For hazardous chemicals, a dossier of declaration must be enclosed with a copy of a chemical safety data sheet in Vietnamese and its original in the original foreign language or a copy in English.
In case chemicals have been previously declared, organizations and individuals engaged in hazardous chemical activities are not required to re-submit chemical safety data sheets.
3. Declaration deadline and time limit
a/ Organizations and individuals producing chemicals on the list of chemicals subject to compulsory declaration shall make written declarations to provincial/municipal Industry and Trade Services before January 31 every year;
b/ Organizations and individuals importing chemicals shall make written declarations to the Ministry of Industry and Trade within 15 working days after the customs clearance of these chemicals. The Industry and Trade Ministry's certification of chemical declarations constitutes a condition for these organizations and individuals to subsequently import chemicals. The Ministry of Industry and Trade shall set the form of certificate of declaration of imported chemicals;
c/ Provincial/municipal Industry and Trade Services shall keep books for declaration management, review the chemical declaration situation and results in their localities and report them to the Ministry of Industry and Trade in March every year.
4. Cases exempt from declaration
a/ Chemicals produced or imported only once for security, defense or response to natural disasters or emergency circumstances of diseases or epidemics;
b/ Chemicals produced or imported in a quantity of under 100 kg per year and not on the list of chemicals restricted from production or trading and lists of chemicals under control under international conventions.
5. The Ministry of Industry and Trade shall assume the prime responsibility for. and coordinate with line ministries in. formulating a system for computerized management and receipt of declared information and chemical reports before December 31, 2010.
Article 19.- Regulations on confidentiality of information
1. Organizations and individuals engaged in chemical activities and wishing to keep confidential information not specified in Clause 2. Article 50 of the Chemical Law shall request in writing agencies receiving chemical declarations and reports on chemical activities.
2. Important information aiming to protect community health and environment is not regarded as confidential, including:
a/ Trade names of chemicals or mixtures of chemicals;
b/ Names of organizations and individuals producing or importing chemicals; organizations and individuals reporting on chemical activities under Articles 43 and 52 of the Chemical Law;
c/ Information in chemical safety data sheets:
d/ Information serving the prevention of and response to chemical incidents: prevention and mitigation of adverse impacts of chemical toxicity, warning information for persons using or exposed to chemicals, and methods to preliminarily remedy incidents;
e/ Methods of analysis to determine the possibility of human or environmental exposure to chemicals: summarized results of testing of chemical toxicity:
f/ Purity of mixtures of substances and hazards of additives and impurities.
3. The Ministry of Industry and Trade shall provide detailed guidance on the regulation on confidentiality of declared chemical information. Agencies receiving chemical declarations and reports on chemical activities shall keep confidential information therein.
Article 20.- Elaboration of the national chemical list and the national chemical database
The national chemical list and the national chemical database aim to serve the management of chemical safety and supply of information to the system for answering inquiries about and supplying information on hazardous chemicals in emergency circumstances.
The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with line ministries and localities in. formulating a scheme on investigation and survey for development of the national chemical database and elaboration of the national chemical list. and submitting it to the Prime Minister for approval before July 1, 2009.
Tìm kiếm
Nghị định 108/2008/NĐ-CP Hướng dẫn Luật Hóa chất (Bản Word)