Chapter VII
IMPLEMENTATION AND FINAL PROVISIONS
Article 36. Reporting
1. Reporting made by entities having chemical-related activities
a) Before January 15 every year, entities having chemical-related activities shall make general reports on chemical-related activities in the previous year and send them to relevant ministries and authorities of the province where chemical-related activities are carried out;
b) Entities having chemical-related activities shall make ad hoc reports on chemical emergencies or termination of chemical-related activities (if any) and when required by a competent authority.
2. A general report on annual chemical-related activities made by an entity shall specify:
a) General information about the entity;
b) Declaration of produced chemicals including the list of chemicals that must be declared for each factory;
c) Production or trade in conditional chemicals; restricted chemicals; compulsorily declared chemicals and other chemicals;
d) Provision of training courses in chemical safety;
dd) Plans and measures for prevention of and response to chemical emergencies and chemical safety and results thereof;
e) Relevant ministries shall provide detailed guidance on the specimen of the report specified in this Clause.
3. Reporting made by state authorities
a) Before January 20 every year, relevant authorities of provinces shall report the chemical management and collect chemical-related activities carried out by entities in provinces to relevant ministries;
b) Relevant ministries shall report the chemical management and collect chemical-related activities under their management to the Ministry of Industry and Trade if required;
c) The Ministry of Industry and Trade shall act as the focal point to collect and report chemical-related activities to the Government if required.
Article 37. State management of chemical-related activities
1. The Ministry of Industry and Trade shall take responsible to the Government for state management of chemical-related activities
The Ministry of Industry and Trade shall take charge and cooperate with relevant ministries and authorities in the following contents of state management:
a) Developing and submitting the project on national database on chemicals and the list of national chemicals to the Prime Minister;
b) Developing laboratory systems to assess new chemicals in Vietnam;
c) Considering submitting the Government to amend the list of chemicals specified herein upon requests of management in each period of time;
d) Taking charge of developing and managing information technology and online public service systems used for the chemical management under its management;
dd) Carrying out inspections, settling complaints and taking actions against violations of chemical-related activities within its competence;
e) Performing assigned tasks stated in the Law on Chemicals, this Decree and other tasks related to the chemical management assigned by the Government.
2. The Ministry of Finance shall cooperate with the Ministry of Industry and Trade in connecting the national website with information technology and online public service systems used for the chemical management of the Ministry of Industry and Trade.
3. Relevant ministries shall carry out state management of chemicals under their management specified in the Law on Chemicals, this Decree and other tasks related to chemical activities assigned by the Government; conduct inspections, settle complaints and take actions against violations of chemical-related activities under their management.
4. Responsibilities of People’s Committees
a) Perform assigned tasks stated in the Law on Chemicals and other tasks related to the chemical management;
b) Manage chemical-related activities, conduct inspections, settle complaints and take actions against violations of chemical-related activities in their provinces;
c) Disseminate and provide guidance on the compliance with regulations of law on chemical management.
Article 38. Effect
1. This Decree comes into force from November 25, 2017 and replaces the Decree No. 108/2008/ND-CP dated October 07, 2008 specifying and providing guidelines for implementation of certain articles of the Law on Chemicals and the Decree No. 26/2011/ND-CP dated April 08, 2011 on amendments to certain articles of the Decree No. 108/2008/ND-CP by the Government.
2. Article 8 of the Government's Decree No. 77/2016/ND-CP dated July 01, 2016 on amendments to certain regulations on investment and trading conditions in international trade in goods, chemicals, industrial explosives, fertilizers, gas and food under the state management of the Ministry of Industry and Trade shall be annulled.
Article 39. Transitional clauses
1. The producer or trader having the license for restricted industrial chemical production/trade, the certificate of eligibility for conditional industrial chemical production/trade granted by competent authorities before the effective date of this Decree shall continue to operate until such license/certificate expires.
2. The project stated in Clause 2 Article 20 herein that has come into operation before the effective date of this Decree without any plans for prevention of and response to chemical emergencies approved by a competent authority shall develop such plans to the competent authority for inspection and approval for 2 years from the effective date of this Decree.
3. For the project stated in Clause 1 Article 21 herein that has come into operation before the effective date of this Decree without any measures for prevention of and response to chemical emergencies, the producer or trader shall develop and make a decision on such measures for 1 year from the effective date of this Decree.
Article 40. Implementation
Ministers, heads of ministerial authorities, heads of governmental authorities, Chairpersons of People’s Committees of provinces, relevant authorities, organizations and individuals shall implement this Decree.
Tìm kiếm
Nghị định 113/2017/NĐ-CP (Bản Word)
Nghị định 113/2017/NĐ-CP (Bản Pdf)