Nghị định 82/2022/NĐ-CP sửa đổi Nghị định 113/2017/NĐ-CP hướng dẫn Luật Hóa chất

DECREE

AMENDMENTS TO SOME ACTICLES OF GOVERNMENT’S DECREE NO.113/2017/ND-CP DATED OCTOBER 09, 2017 SPECIFYING AND PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW ON CHEMICALS

Pursuant to the Law on Government Organization of Vietnam dated June 19, 2015; the Law on amendments to some Articles of the Law on Government Organization of Vietnam and Law on Local Government Organization of Vietnam dated November 22, 2019;

Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the Law on prevention and control of narcotic substances dated March 30, 2021;

Pursuant to the Law on Investment dated June 17, 2020;

At the request of the Minister of Industry and Trade;

The Government promulgates a Decree on amendments to some Articles of Government’s Decree No.113/2017/ND-CP dated October 09, 2017 specifying and providing guidelines for implementation of certain Articles of the Law on Chemicals.

Article 1. Amendments to some Articles of Government’s Decree No.113/2017/ND-CP dated October 09, 2017 specifying and providing guidelines for implementation of certain Articles of the Law on Chemicals

1. Clause 11 Article 1 of Decree No. 113/2017/ND-CP amended in Clause 1, Article 8 of Government's Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees relevant to necessary business conditions in fields under the management of the Ministry of Industry and Trade shall be amended 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;

d) Household adhesives and cleaning products;

dd) Gasoline, oil according to regulations on gasoline and oil; condensate and naphtha used for gasoline and oil processing.”

2. Clause 3 Article 9 shall be amended as follows:

“3. Organizations and individuals other than the organizations and individuals specified in Article 10a of this Decree may only produce or trade in conditional industrial chemicals after having the certificate of eligibility issued by a competent authority and shall fulfill the requirements stated in Clause 1 or Clause 2 this Article throughout the production or trading. In case the certificate holder no longer fulfills such requirements, the certificate shall be revoked according to the regulations of Clause 2 Article 18 of the Law on Chemicals

3.  Article 10 shall be amended as follows:

“Article 10. Application and procedure for issuance of certificate of eligibility for production or trade in conditional industrial chemicals (hereinafter referred to as “certificate”)

1. An application for issuance of certificate of eligibility for production includes:

a) A written request for issuance of the certificate of eligibility for production;

b) A copy of either of the enterprise/cooperative/household business registration certificate;

c) A copy of Decision on approval or written confirmation of documents related to environmental protection issued by the competent state authority according to regulations of the Law;

d) A copy of written approval for the result of acceptance of fire safety and fighting of the fire safety and firefighting authority for each manufacturing facility subject to appraisal and approval for the design in fire safety and fighting;

A record of inspection of fire safety or a document that proves thereof issued by the competent authority for each manufacturing facility that is not subject to compulsory appraisal and approval for the design in fire safety and fighting;

dd) An overall floor plan of the factory and warehouse. Contents of the floor plan shall provide information about the location of the factory or warehouse, chemical storage areas, area and path to the factory, chemical production areas and warehouse. A copy of the document that proves the right to use the land plot used for construction of the factory/warehouse or the factory/warehouse lease contract

e) A declaration of technical equipment and personal protective equipment in the manufacturing facility;

g) A copy of the bachelor's degree or higher degree in chemicals of the technical director, deputy director or technician who takes charge in chemical production of the manufacturing facility;

h) A copy of Decision on recognition of the results of inspection of training in chemical safety of the organization or individual as prescribed at Point dd, Clause 4, Article 34 of this Decree;

i) Safety data sheets of every hazardous chemical in the manufacturing facility according to regulations.

2. An application for issuance of certificate of eligibility for trade includes:

a) A written request for issuance of the certificate of eligibility for trade;

b) A copy of either of the enterprise/cooperative/household business registration certificate;

c) A list of each chemical store;

d) A copy of Decision on approval or written confirmation of documents related to environmental protection issued by the competent state authority according to regulations of the Law;

dd) A copy of written approval for the result of acceptance of fire safety and fighting of the fire safety and firefighting authority for each chemical warehouse subject to appraisal and approval for the design in fire safety and fighting;

A record of inspection of fire safety or a document that proves thereof issued by the competent authority for each chemical warehouse that is not subject to compulsory appraisal and approval for the design in fire safety and fighting;

e) An overall floor plan of each store. Contents of the floor plan shall provide information about the location of the factory or warehouse, chemical storage areas, area and path to the factory, chemical production areas and warehouse. A copy of the document that proves the right to use the land plot used for warehouse construction or the warehouse lease agreement in case of leasing of the warehouse or the chemical purchase agreement or contract in case of use of the warehouse of the chemical buyer or seller;

g) A declaration of technical equipment and personal protective equipment in each store;

h) A copy of the intermediate school’s diploma or higher qualification in chemicals of the person who is responsible for chemical safety;

i) A copy of Decision on recognition of the results of inspection of training in chemical safety of the organization or individual as prescribed at Point dd, Clause 4, Article 34 of this Decree;

k) Safety data sheets of every hazardous chemical in the store according to regulations.

3. An application for issuance of certificate includes:

a) A written request for issuance of the certificate;

b) A copy of either of the enterprise/cooperative/household business registration certificate;

c) A list of each chemical facility;

d) A copy of Decision on approval or written confirmation of documents related to environmental protection issued by the competent state authority according to regulations of the Law for each manufacturing facility or warehouse;

dd) A copy of written approval for the result of acceptance of fire safety and fighting of the fire safety and firefighting authority for each manufacturing facility, warehouse subject to appraisal and approval for the design in fire safety and fighting;

A record of inspection of fire safety or a document that proves thereof issued by the competent authority for each manufacturing facility or warehouse that is not subject to compulsory appraisal and approval for the design in fire safety and fighting;

e) An overall floor plan of each chemical facility. Contents of the floor plan shall provide information about the location of the factory or warehouse, chemical storage areas, area and path to the factory, chemical production areas and warehouse. A copy of the document that proves the right to use the land plot used for construction of the manufacturing facility or warehouse or the warehouse/factory lease contract or the chemical purchase agreement or contract in case the chemical store uses the warehouse of the chemical buyer or seller;

g) A declaration of technical equipment and personal protective equipment in each chemical manufacturing facility or store (hereinafter referred to as "chemical facility");

h) A copy of the bachelor's degree or higher degree in chemicals of the technical director, deputy director or technician who takes charge in chemical production of the manufacturing facility. A copy of the intermediate school’s diploma or higher qualification in chemicals of the person who is responsible for chemical safety;

i) A copy of Decision on recognition of the results of inspection of training in chemical safety of the organization or individual as prescribed at Point dd, Clause 4, Article 34 of this Decree;

k) Safety data sheets of every hazardous chemical in the chemical facility according to regulations.

4. The Department of Industry and Trade of the province where the headquarter of the applicant is located shall inspect, issue, reissue or revise the certificate to the applicant

5. Procedure for appraisal or issuance of the certificate:

a) The applicant which applies for issuance of the Certificate shall make an application and send it by post or in person or via the online public service system to the certificate-issuing authority according to regulations of Clause 4 of this Article;

b) If the application is invalid, the certificate-issuing authority shall inform the applicant for amendments and completion of the application within 03 days from the date of receipt of the application  The time for completion of application shall not be included in the time limit for issuance of the certificate specified in Points c and d of this Clause;

c) Within 12 working days from the date of receipt of the valid application specified in Clauses 1, 2 and 3 of this Article, in case the chemical facility of the applicant is located in the same province where the headquarter of the applicant is located, the certificate-issuing authority shall inspect and consider the application, carry out a site inspection and grant the Certificate for the applicant.  If the application is rejected, the certificate-issuing authority shall provide the applicant with a written explanation;

d) Within 03 working days from the date of receipt of the valid application specified in Clauses 1, 2 and 3 of this Article, in case the chemical facility of the applicant is located in the province other than the province where the headquarter of the applicant is located, the certificate-issuing authority shall send a copy of the application of the applicant to the Department of Industry and Trade of province where the chemical facility of the applicant is located for collection of opinions Within 09 working days from the date of receipt of the copy of the application, the Department of Industry and Trade of province where the chemical facility of the applicant is located shall carry out site inspection at the chemical facilities in its province and provide written opinions about the satisfaction of conditions specified in Clauses 1 and 2, Article 9 of this Decree. The certificate-issuing authority shall consider and appraise the application and issue the Certificate to the applicant within 03 working days from the date of receipt of the document on satisfaction of requirements from the Department of Industry and Trade of province where the chemical facility of the applicant is located and send to the Department of Industry and Trade of province where the chemical facility of the applicant is located for cooperation in management. The form of the certificate is provided in Appendix VI attached hereto. If the application is rejected, the certificate-issuing authority shall provide the applicant with a written explanation;

6. Application and procedures for re-issuance of the certificate:

a) The applicant shall make an application for reissuance of the certificate and send it, by post, in person or through the online public service system, to the certificate-issuing authority in case of loss, damage, wrong information or any change to information about registration of establishment of the applicant

b) The application for reissuance of the certificate shall include a written request for reissuance of the certificate; an authentic copy of certificate which has been issued in case of wrong information or any change in information about the applicant and the remaining part of the authentic copy of certificate that is identifiable in case of damage;

c) Within 05 working days from the date of receipt of the valid application, the certificate-issuing authority shall inspect and reissue the certificate to the applicant and send a copy of the certificate to the Department of Industry and Trade of the province where the chemical facility of the applicant is located.  If the application is rejected, the certificate-issuing authority shall provide the applicant with a written explanation;

7. Application and procedures for revision of the certificate

a) The applicant shall make an application for revision of the certificate and send it, by post, in person or through the online public service system, to the certificate-issuing authority in case of any change to the location of the applicant's facility; type, scale or classification of chemicals that have been produced or sold

b) An application for revision to the certificate shall include a written request for revision to the certificate; an authentic copy of certificate which has been issued; the documents that prove the fulfillment of conditions for production or trade for the revised contents

c) The procedures for revision of the certificate shall be carried out similarly to those for issuance of the certificate

8. The Department of Industry and Trade of province where the applicant’s chemical facility is located shall carry out inspections and supervision of the compliance with regulations on conditions for production or trade of conditional industrial chemicals of the applicant under its management.

9. The Ministry of Industry and Trade shall carry out periodic or ad hoc inspections (if necessary) of compliance with regulations on conditions for production or trade of conditional industrial chemicals of the applicant under its management

10. Responsibility of the applicant for the certificate

a) Fulfill the requirements specified in Article 9 herein throughout the process of chemical-related activities

b) Retain the certificate which has been issued at the chemical facility as the basic for supervision of the safety at the chemical facility and present it to competent authorities if required;

c) Make reports in accordance with regulations of Clause 1 and Clause 2 Article 36 herein.

11. a) The forms in the application for issuance, re-issuance and revision and the forms of certificate have been provided in Appendix VI enclosed with this Decree.''.

4. Article 10a shall be added after Article 10 as follows:

“Article 10a. Cases that are not subject to issuance of the certificate

1. The dilution and mixture of chemicals without chemical reactions that form conditional industrial chemicals for internal use or production of other products and goods of the applicant.

2. The concentration of a chemical on the List of conditional industrial chemicals in a mixture is less than 0.1%.”

5. Clause 11a shall be added after Clause 11 as follows:

 “Article 11a. Management and control of use of industrial precursor chemicals

1. The organizations and individuals that use industrial precursor chemicals to produce other products and goods shall comply with regulations of Chapter V of the Law on Chemicals:

a) Have invoices for the purchase of industrial precursors chemicals, documents that prove the origin and information on the manufacturing facility, importer or provider of industrial precursor chemicals. Have delivery and receipt notes;

b) Prepare a logbook to monitor the use of industrial precursor chemicals. The monitoring logbook shall include the following information: name of industrial precursor chemical, the quantities of precursor chemicals that have been purchased (imported or domestically purchased), the quantities of precursor chemicals that have been used, the quantities of precursor chemicals in stock; purposes of industrial precursor chemicals.

2. In the process of use of the industrial precursor chemical, the organization or individual shall take measures to manage and control industrial precursor chemicals and take responsibility to the law for the loss of industrial precursor chemicals.”.

6. Some Points and Clauses of Article 12 shall be amended as follows:

a) Point a Clause 2 shall be amended as follows:

“a) A written request for issuance of the license to import or export industrial precursor chemicals;

b) Clause 8 shall be amended as follows:

“8. Vietnam Chemicals Agency (the Ministry of Industry and Trade) shall be responsible for receipt of applications for issuance, reissuance, revision and extension of the license to export and import industrial precursor chemicals on the national single-window portal system.

c) Clause 9 shall be amended as follows:

“9. The forms in the application for reissuance, issuance, revision and extension and the forms of the licenses to export and import industrial precursor chemicals are provided in Appendix VI issued with this Decree.”.

7. Clause 4 Article 15 shall be amended as follows:

 “4. Organizations and individuals other than the organizations and individuals specified in Article 16a of this Decree may only produce or trade in restricted industrial chemicals after having the certificate issued by a competent authority and shall fulfill the requirements specified in Clauses 1, 2 or 3 of this Article throughout the process of production or trade In case the certificate holder no longer fulfills such requirements, the certificate shall be revoked according to the regulations of Clause 2 Article 18 of the Law on Chemicals.”.

8. Some Points, Clauses of Article 16 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) A written request for issuance of the license to produce restricted industrial chemicals according to the form specified in Appendix VI issued with this Decree;

b) Point a Clause 2 shall be amended as follows:

“a) A written request for issuance of the license to trade restricted industrial chemicals according to the form specified in Appendix VI issued with this Decree;

c) Clause 2a shall be added after Clause 2 as follows:

 “2a. An application for issuance of the license to produce and trade

a) A written request for issuance of the license to produce and trade restricted industrial chemicals according to the form specified in Appendix VI issued with this Decree;

b) Documents specified from Point b to d Clause 3 Article 10 of this Decree;”.

c) Description of the technological process of production of restricted industrial chemicals

d) Point b Clause 4 shall be amended as follows:

“b) An application for reissuance of the license shall include a written request for reissuance of the license according to form specified in Appendix VI issued with this Decree; an authentic copy of the license which has been issued in case of wrong information or any change in information about the registration of establishment of the applicant and the remaining part of the authentic copy of certificate that is identifiable in case of damage;”.

dd) Point b Clause 5 shall be amended as follows:

“b) An application for revision to the license shall include a written request for revision to the license according to form specified in Appendix VI issued with this Decree; an authentic copy of license which has been issued; the documents that prove the fulfillment of conditions for production or trade for the revised contents;”.

e) Point a Clause 7 shall be amended as follows:

“a) Vietnam Chemicals Agency (the Ministry of Industry and Trade) shall be responsible for receipt and processing of applications for issuance, reissuance, revision of the license to produce and trade restricted industrial chemicals.  The Ministry of Industry and Trade shall issue, re-issue, revise and stipulate the duration of the license to produce and trade restricted industrial chemicals; carry out periodic inspection or ad hoc inspection (when necessary) of the production and trade in restricted industrial chemicals.

g) Clause 8 shall be added after Clause 7 as follows:

“8. The forms in the application for issuance, re-issuance and revision and the forms of license to produce and trade restricted industrial chemicals are provided in Appendix VI enclosed with this Decree.”.

9. Clause 16a shall be added after Clause 16 as follows:

 “Article 16a. Cases that are not subject to issuance of the license to produce and trade restricted industrial chemicals

1. The dilution and mixture of chemicals without chemical reactions that form restricted industrial chemicals for internal use or production of other products and goods of the applicant.

2. The concentration of a chemical on the List of restricted industrial chemicals in a mixture is less than 0,1%.”

10. Some Points, Clauses of Article 20 shall be amended as follows:

a) Clause 4 shall be amended as follows:

“4. Application for appraisal of the plan for prevention and response to chemical emergencies

a) A written request for appraisal of the plan for prevention and response to chemical emergencies according to the form specified in Appendix VI issued with this Decree;

b) 9 copies of the plan The presentation, layout and contents of the plan for prevention and response to chemical emergencies shall follow the form specified in Appendix VI issued with this Decree.”.

b) Point c Clause 8 shall be amended as follows:

“c) Annually organize chemical emergency drills according to the plan in the presence or direction of representatives of the local specialized authorities;”.

c) Clause 11 shall be added after Clause 10 as follows:

“11. The Ministry of Industry and Trade shall develop the forms that have been used in the process of making of the application, appraisal and approval for the plan for prevention and response to chemical emergencies; certification forms on the cover page of the plan after approval The form of written request and the form of decision on approval for the plan for prevention and response to chemical emergencies have been provided in Appendix VI issued with this Decree.”.

11. Some Points, Clauses of Article 21 shall be amended as follows:

a) Clause 2 shall be amended as follows:

“2. The measures for prevention and response to chemical emergencies include basic contents prescribed in Clause 3 Article 36 of the Law on Chemicals. The applicant shall develop measures for prevention and response to chemical emergencies according to the form specified in Appendix VI issued with this Decree.”.

b) Point d is added after Point c Clause 3 as follows:

“d) Annually organize chemical emergency drills according to the developed plan in the measures for prevention and response to chemical emergencies in the presence or direction of representatives of the local specialized authorities in case the chemical facilities store chemicals on the List of hazardous chemicals subject to formulation of the plan for prevention and response to chemical emergencies, but below the threshold specified in Appendix IV to this Decree.”.

12. Article 23 shall be amended as follows:

“Article 23. Classification of chemicals

Chemicals shall be classified according to rules and technical guidance of GHS from Rev. 2 (2007) onwards GHS from Rev. 2 (2007) includes the main classification as follows:

13. Content of No.4 in Clause 1 Article 24 shall be amended as follows:

14. Some Points, Clauses of Article 27 shall be amended as follows:

a) Point b Clause 4 shall be amended as follows:

“b) The information on declaration and declaration feedback of the imported chemicals through the national single-window portal shall be made according to the form specified in Appendix VI attached hereto. The information on declaration feedback of the imported chemicals has legal validity for carrying out customs clearance procedures After customs clearance, the system of the Customs shall send feedback on the status of customs clearance, including information on the declaration, chemicals and weight of the cleared chemicals through the national single window portal and the system of the Ministry of Industry and Trade.".

b) Clause 4a shall be added after Clause 4 as follows:

 “4a. Chemicals subject to special control in case of import

a) Hazardous chemicals subject to control in case of establishment of procedure for declaration of the imported chemicals include dinitrogen monoxide, cyanide compounds, mercury and mercury compounds;

b) Within 16 working hours from the time on which the system of the Ministry of Industry and Trade receives the documents on declaration for the cases specified at point a of this Clause, the information-receiving authority of the Ministry of Industry and Trade (Vietnam Chemicals Agency) shall be responsible for inspection of the documents and response to information on declaration of the imported chemicals to the declarants.  In case the document is invalid, Vietnam Chemicals Agency shall respond via the national single window portal to the declarant for amendment and completion of the document. The document will be considered invalid of: The total weight of imported chemicals from the beginning of the year to the time for declaration is higher than the licensed weight in the year. The attached documents fail to comply with regulations of Clause 3. The information on declaration of the imported chemicals is not accurate. In case the document is valid, Vietnam Chemicals Agency shall approve the document and send feedback on the declaration information and the responded information via the national single window portal to the declarant and the Customs”.

c) Clause 6 shall be amended as follows:

“6. Responsibilities of declarants

The declarant shall take responsibility to the Law for the accuracy of the declared information according to the forms available on the national single-window portal and documents, documentation and electronic data in the document on declaration of chemicals via the national single-window portal If the declared information is incorrect, the electronic document on the declaration of chemicals shall be the basis for imposition of administrative penalties of the competent organizations and individuals. The declarant shall retain the documents on declaration of chemicals to present them to the competent authorities if required and the duration of retention shall be at least 5 years.”.

15. Clause 6 shall be added after Clause 5 Article 28 as follows:

“6. The concentration of a chemical on the List of chemicals subject to declaration in the mixture is less than 0,1%.”.

16. Clause 1 Article 31 shall be amended as follows:

“1. Entities that have chemical-related activities shall provide training courses in chemical safety or appoint the individuals specified in Article 32 herein to participate in training courses that are organized by the chemical safety training centers every 2 years. The first training period is specified in Clause 6, Article 33 of this Decree.  The duration of the periodic training from the second time onwards is equal to 50% of the time of the first training, except for cases subject to retraining as prescribed in Clause 3 of this Article.”.

17. Some Points, Clauses of Article 33 shall be amended as follows:

a) Point e shall be added after Point dd Clause 3 as follows:

“e) Contents of practice at the chemical facility: Recognize the hazardous properties of chemicals and practice the process of handling of some typical chemical emergencies at the chemical facility.”.

b) Point dd shall be added to Point d Clause 4 as follows:

“dd) Contents of practice at the chemical facility: Recognize the hazardous properties of chemicals and practice the process of handling of some typical chemical emergencies at the chemical facility.”.

18. Some Points and Clauses of Article 36 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) Before January 15 every year, entities having chemical-related activities shall make general reports on chemical-related activities in the previous year on the national chemical database system

b) Point a Clause 3 shall be amended as follows:

“a) Before March 01 of each year, the local management authorities shall be responsible for report on management of chemicals on the national chemical database system;”.

19. Some chemicals shall be added to Appendix I of Decree No. 113/2017/ND-CP - List of conditional industrial chemicals as follows:

Note:

(1): HS code for reference

(2) If the List of industrial precursor chemicals issued by the Government is amended or replaced, the new one shall be applied. List of precursors (group 1) (IVA List of the Government's Decree on lists of narcotics and precursors); List of precursors (group 2) (IVB List of the Government’s Decree on lists of narcotics and precursors)

20. Content of No.231 Table 1 Appendix IV of Decree No. 113/2017/ND-CP - List of hazardous chemicals subject to development of the plan for prevention and response to chemical emergencies shall be amended as follows:

21. Some chemicals shall be added to Appendix V of Decree No. 113/2017/ND-CP - List of chemicals subject to declaration as follows:

Note: HS code for reference

Article 2. Replacement and annulment of some contents of Decree No. 113/2017/ND-CP

1. Replace the phrase "hàng hóa (goods)" with the phrase "hỗn hợp chất (mixture of substances)" in Clause 1, Article 13 of Decree No. 113/2017/ND-CP.

2. Annul Point c Clause 2 Article 16, Point b, Point d Clause 9 Article 20 and Point a Clause 5 Article 21 of Decree No. 113/2017/ND-CP.

3. Replace Appendix II and Appendix VI of Decree No. 113/2017/ND-CP with Appendix II and Appendix VI issued together with this Decree.

Article 3. Implementation provision

1. This Decree comes into force from December 22, 2022. Clause 14, Article 1 of this Decree that amends Article 27 of Decree No. 113/2017/ND-CP comes into force after one year from the effective date of this Decree.

2. The projects or facilities which store more than 01 kg of mercury or mercury compounds and have come into operation before the effective date of this Decree without any plans for prevention of and response to chemical emergencies approved by the competent authorities shall develop and submit such plans to the competent authorities for inspection and approval within 02 years from the effective date of this Decree

3. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People's Committees of provinces shall be responsible for the implementation of this Decree

Bài viết liên quan