Chương II Nghị định 77/2016/NĐ-CP sửa đổi quy định về điều kiện đầu tư kinh doanh trong lĩnh vực mua bán hàng hóa quốc tế, hóa chất, vật liểu nổ công nghiệp, phân bón, kinh doanh khí, kinh doanh thực phẩm thuộc phạm vi quản lý nhà nước của Bộ Công thương: Lĩnh vực hóa chất

Chapter II

CHEMICAL SECTOR

Article 8. Addition of Article 12a to the Government’s Decree No. 108/2008/ND-CP dated October 07, 2008 detailing and guiding the implementation of certain articles of the Law on Chemicals

“Article 12a. Conditions for production/trading of industrial precursors

1. Conditions for production of industrial precursors

Producers of industrial precursors must satisfy all of conditions for production of industrial chemicals referred to in Clause 4 Article 1 of the Government’s Decree No. 26/2011/ND-CP dated April 08, 2011 providing for amendments to certain articles of the Government’s Decree No. 108/2008/ND-CP dated October 07, 2008 detailing and guiding the implementation of certain articles of the Law on Chemicals.

2. Conditions for trading in industrial precursors

A trader in industrial precursors must satisfy all of conditions for trading in industrial chemicals as referred to in Clause 4 Article 1 of the Decree No. 26/2011/ND-CP and the following conditions:

a) Have Certificate of Enterprise Registration, or Investment License, or Certificate of Business Registration or Certificate of Household Business Registration;

b) Persons in direct contact with precursors, including managers, shopkeepers, delivery men and warehouse-keepers, have attended training courses in chemical safety as referred to in Clause 5 Article 1 of Decree No. 26/2011/ND-CP;

c) Business locations and/or locations for displaying industrial precursors for sale must ensure the quality of stored industrial precursors in conformity with the law on quality of goods and products. Warehouses or areas for storing and preserving industrial precursors must satisfy technical requirements on safety and have necessary warnings installed in accordance with the Law on Chemicals;

d) A trader in industrial precursors must meet requirements on firefighting and prevention, and environmental protection as regulated by laws;

dd) Sold industrial precursors must be properly labeled in accordance with the laws. Invoices for purchase and sale of precursors must clearly show the origin, importers or distributors of such precursors. Entities importing precursors from foreign countries into Vietnam must have one of documents relating to the trading in precursors such as sales contract, or sales agreement, or memorandum, or commercial invoice;

e) Record of sales of toxic chemicals certified by the buyer and seller must be presented in conformity with the Law on Chemicals if sulfuric acid and hydrochloric acid are traded.”

Article 9. Amendments to Points c, d, dd, h and i Clause 1 Article 15 of the Government’s Decree No. 38/2014/ND-CP dated May 06, 2014 on management of chemicals governed by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

“Article 15. Conditions for production of Schedule 1 chemicals

1. Organizations and individual are not allowed to produce the Schedule 1 chemicals, except for the cases where they are produced to serve the purposes of scientific research, maintenance of national defense and security, prevention and combat of epidemic diseases, and any producer of Schedule 1 chemicals for such purposes must satisfy the following conditions:

c) Have location, area, workshop, machinery, equipment, technological process and warehouse suitable to produce Schedule 1 chemicals with quality standards assured.

Chemical production line must ensure quality of produced chemicals. Machinery and equipment for producing Schedule 1 chemicals must have clear and legitimate origin. Machinery and equipment must have stringent requirements on safety, and testing and measurement instruments must be verified, calibrated and adjusted in conformity with current regulations on machinery and equipment verification, and correspond to the production capacity and technological process;

Available or leased warehouses must correspond to chemical warehouse technologies and comply with regulations and standards on fire and explosion prevention. The warehouse where chemicals are stored must have a notice board showing regulations on chemical safety, conspicuous danger signs and signaling system in corresponding with the danger level of stored chemicals with all hazards of chemicals are shown;

Stored chemicals must have proper labels in accordance with current laws on labeling. Labels of Schedule 1 chemicals must be chemically and mechanically durable throughout the existence of chemicals.

d) Have testing/ analytical laboratories for managing quality of chemicals. Testing laboratories must be able to carry out analysis of quality norms specified in National technical regulation for output products and quality norms defined in technical standards applied to input materials in order to control product quality;

In cases where testing laboratories are not available or existing testing laboratories are unable to carry out testing for required quality norms, the producer must enter into a contract with a qualified testing institution that has a certificate of testing operation registration issued in conformity with regulations on quality of goods and products and is assigned to control quality of chemicals.

dd) Have a chemical emission and waste treatment system in conformity with regulations of the law on environment and national technical regulations for industrial emissions, hazardous waste threshold and solid wastes;

h) Employ a technical director or deputy director who must possess bachelor’s degree or higher level in chemicals; managerial, technical and production executives must possess bachelor’s degree or higher level in chemicals or have obtained certificates proving their competence in chemicals;

i) Employees in direct contact with chemicals must attend training courses in chemical safety and have certificates of completion of training courses in chemical safety granted by competent agencies.”