Chương III Nghị định 17/2020/NĐ-CP: Lĩnh vực hoá chất

Chapter III

CHEMICALS

Article 5. Amendments to Article 13 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade

“Article 13. Amendments to Point d Clause 1 Article 17 of the Government’s Decree No. 38/2014/ND-CP dated May 06, 2014 on management of chemicals controlled by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

d) Documents satisfying the conditions mentioned in Points h and i Clause 1 Article 15 of this Decree.”

Article 6. Amendments to some Articles and Clauses of the Government’s Decree No. 38/2014/ND-CP dated May 06, 2014 on management of chemicals controlled by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 on amendments to some regulations on business conditions in international trade in goods, chemicals, industrial explosives, fertilizers, gas business and food business under the state management of Ministry of Industry and Trade

1. Point a Clause 1 Article 15 of the Decree No. 38/2014/ND-CP is amended as follows:

“a) Be an enterprise that is established in accordance with the law;”

2. Clause 1 Article 16 of the Decree No. 38/2014/ND-CP is amended as follows:

“1. A producer of Schedule 2 and Schedule 3 chemicals must:

a) be established in accordance with the law;”

b) satisfy the personnel requirements mentioned in Points h and i Clause 1 Article 15 of this Decree.”

3. Clause 18a is added after Article 18 of the Decree No. 38/2014/ND-CP as follows:

“Article 18a. General requirements for production of Schedule 1, Schedule 2 and Schedule 3 chemicals, DOC chemicals and DOC-PSF chemicals

1. Have a chemical emission and waste treatment system in conformity with regulations of the law on environment and applicable national technical regulations on industrial emissions, hazardous waste threshold and solid wastes.

2. Have appropriate vehicles for the transport of chemicals from the production facility to places of delivery. In case vehicles are not available, it is required to contract a facility licensed to transport chemicals.

3. Comply with regulations of the law on environmental protection, occupational safety and health and fire fighting and prevention.”

4. Clause 1 Article 19 of the Decree No. 38/2014/ND-CP is amended as follows:

“1. Importers and exporters must:

a) be established in accordance with the law;”

b) do business with organizations or individuals of member states of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.”

5. Point b Clause 2 Article 19 of the Decree No. 38/2014/ND-CP is amended as follows:

“b) A copy of the Enterprise registration certificate or Investment certificate or Business registration certificate.”

6. Point c is added to Clause 3 Article 19 of the Decree No. 38/2014/ND-CP as follows:

“c) The Prime Minister shall issue licenses to export/import Schedule 1 chemicals; the Ministry of Industry and Trade shall issue licenses to export/import Schedule 2 and Schedule 3 chemicals.”

7. Clause 1 Article 20 of the Decree No. 38/2014/ND-CP is amended as follows:

“1. A producer of DOC chemicals and DOC-PSF chemicals must:

a) be established in accordance with the law;”

b) satisfy the personnel requirements mentioned in Points h and i Clause 1 Article 15 of this Decree.”

Article 7. Repeal of some Articles and Clauses of the Government’s Decree No. 38/2014/ND-CP dated May 06, 2014 on management of chemicals controlled by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 on amendments to some regulations on business conditions in international trade in goods, chemicals, industrial explosives, fertilizers, gas business and food business under the state management of Ministry of Industry and Trade

1. Some Articles and Clauses of the Decree No. 38/2014/ND-CP are repealed as follows:

a) Points b, e and g Clause 1 of Article 15 are repealed;

b) Points c Clause 1 of Article 17 is repealed.

2. Point dd Clause 1 Article 15 of the Decree No. 38/2014/ND-CP amended by Article 9 of the Decree No. 77/2016/ND-CP is repealed.

Article 8. Amendments to some Articles and Clauses of the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 on guidelines for implementation of some Articles of the Law on Chemicals

1. Clause 11 is added to Article 1 as follows:

“11. The following products are not chemicals covered by this Decree:

a) Pharmaceuticals; germicidal and insecticidal preparations; cosmetics;

b) Feeds; veterinary drugs; agrochemicals; organic fertilizers, biofertilizers, chemical fertilizers that are mixed fertilizers, organic mineral fertilizers, bio-mineral fertilizers; products used for preservation and processing of agricultural products, forestry products, fishery products and foods;

c) Radioactive substances; building materials; paints, printing ink; household adhesives and cleaning products;

d) Gasoline, oil; condensate and naphta used for gasoline and oil processing.”

2. Clause 1 of Article 3 is amended as follows:

“1. “chemical production” means an act of producing chemicals through chemical reactions or biochemical or physiochemical processes such as extraction, concentration, dilution and mixture and other physiochemical processes without the unintentional release of chemicals.”

3. Point a Clause 1 of Article 9 is amended as follows:

“a) The applicant is an entity established in accordance with the law.”

4. Point a Clause 2 of Article 9 is amended as follows:

“a) The applicant is an entity established in accordance with the law;”

Article 9. Amendments to some Articles and Clauses of the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 on guidelines for implementation of some Articles of the Law on Chemicals

1. Point c Clause 1 and Points c and dd Clause 2 of Article 9 are repealed.

2. Point b Clause 1 and Point c Clause 2 of Article 11 are repealed.

3. Some chemicals on the List of industrial conditional chemicals in the Appendix I enclosed with the Government’s Decree No. 116/2017/ND-CP dated October 17, 2017 are removed as follows: