Chương V Nghị định 113/2017/NĐ-CP: Khai báo hóa chất

Chapter V

DECLARATION OF CHEMICALS

Article 25. Declared chemicals

1. The list of declared chemicals is provided in Appendix V attached hereto.

2. Declared chemicals include substances on the list of those to be declared and mixtures containing substances on the list of declared chemicals classified according to Article 23 stated herein as hazardous chemicals unless otherwise exempted under the provision of Article 28 stated herein.

Article 26. Declaration of produced chemicals

Chemical producers shall declare chemicals produced every year through the annual reports prescribed in Article 36 herein.

Article 27. Declaration of imported chemicals

1. Chemical importers (declarants) shall declare imported chemicals before customs clearance through the national single-window website.

2. Creating of accounts to get access to the national single-window website

a) The declarant shall create a log-in account according to the specimen provided on the national single-window website, including information and attached files;

b) A declaration-receiving authority may request the declarant to submit the documents and documentation specified in Point a this Clause in hard copy to clarify or confirm information of the declarant if necessary.

3. Information about the declaration of imported chemicals

a) Information declared according to the specimen provided in Appendix VI herein on the national single-window website including information about the declarant and imported chemicals;

b) Sale and purchase invoices of chemicals;

c) Safety data sheets in Vietnamese;

d) For non-commercial goods without chemical purchase or sale invoices, the declarant may use port return papers instead of commercial invoices.

4. Validity of electronic documentation

a) The declarant shall declare information through the national single-window website. Information will be automatically transferred to the system of the Ministry of Industry and Trade and then will automatically respond feedback through the national single-window website to the declarant and the customs. The feedback will become the proof of completion of chemical declaration, as a basis for relevant entities carrying out customs clearance procedures;

b) The information on declaration feedback of imported chemicals through the national single-window website shall be made according to the specimen provided in Appendix VI attached hereto with legal validity for carrying out customs clearance procedures.

5. Arising system errors

If system errors arise and the declarant fails to make declaration through the national single-window website, while pending the settlement of errors, the declarant may declare imported chemicals through the standby system regulated by the declaration-receiving authority.

6. Responsibilities of declarants

The declarant shall take responsibility for accuracy of declared information according to the specimen available on the national single-window website and documents, documentation and electronic data in the set of document on declaration of chemicals through the national single-window website. If the declared information is incorrect, the declarant shall be sanctioned according to applicable regulations. The declarant shall retain the set of documents on declaration of chemicals to present it to competent authorities if required and the duration of retention shall be at least 5 years.

7. The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Finance in developing the declaration-receiving management system; take charge and cooperate with relevant ministries and authorities in carrying out inspections of entities declaring chemicals.

8. Chemical import data of the declarant shall be shared by the Ministry of Industry and Trade with local authorities through the chemical database.

Article 28. Cases where declaration of chemicals is exempted

1. Chemicals produced or imported for the purposes of national security and response to natural disasters and epidemics.

2. Chemicals that are precursor chemicals of narcotics, precursor chemicals of explosives, industrial explosives and chemicals on the chemical table licensed to produce or import.

3. The amount of chemicals is under 10 kg/shipment. Exemption mentioned in this Point shall not apply to restricted industrial chemicals.

4. Chemicals that are raw materials for medicine production issued with certificates of registration for sale of medicines in Vietnam, raw materials for the medicine production that are pharmaceutical substances for production under medicine registration applications which have been granted certificates of registration for sale of medicines in Vietnam.

5. Chemicals that are raw materials for pesticide production with certificates of pesticide registration in Vietnam.

Article 29. Confidential information

1. Confidential information of declarants and reporters mentioned in Clause 2 Article 50 of the Law on Chemicals shall include:

a) Names and quantity of produced/imported/traded chemicals;

b) Information related to technological know-how and trade secrets.

2. Important information for the protection of public health and the environment shall not be considered as confidential information, including:

a) Trade names of chemicals;

b) Names of chemical producers or importers; reporters of chemical-related activities according to Article 43 and Article 52 of the Law on Chemicals;

c) Information stated in safety data sheets, except for confidential information mentioned in Clause 1 this Article;

d) Information serving the prevention of and response to chemical emergencies; prevent and limit adverse effects of chemical toxicity; warnings on use, exposure to chemicals and precautions in the event of a chemical emergency;

dd) Analytical methods to determine the probability of exposure to humans and the environment; brief testing results of chemical toxicity;

e) The purity of mixtures and hazards of additives and impurities.

Article 30. Development of the list of national chemicals and national chemical database

1. The list of national chemicals and national chemical database are used for the management of chemical safety and provide information for responding systems and hazardous chemicals in case of an emergency.

2. The Ministry of Industry and Trade shall take charge and cooperate with ministries and local authorities in developing and submitting projects on national chemical database and the list of national chemicals to the Prime Minister.