Chương 1 Nghị định 90/2009/NĐ-CP: Những quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for sanctions against administrative violations in chemical operation, including:

a) Violations of regulations on chemical production and business;

b) Violations of regulations on dangerous chemical transport;

c) Violations of regulations on storage and preservation of dangerous chemicals in chemical production and business;

d) Violations of regulations on safe distance applicable to the facilities of dangerous chemical production and business;

dd) Violations of regulations on export, import, temporary import for re-export, transport of transit chemicals

e) Violations of regulations on treating, eliminating chemical residues, waste and instruments containing chemicals;

g) Violations of regulations on chemical advertisement;

h) Violations of regulations on classification and labelling of chemicals;

i) Violations of regulations on packaging of chemicals;

k) Violations of regulations on the chemical safety slip;

l) Violations of regulations on using chemicals for laboratory and science research;

m) Violations of regulations on storage and preservation of dangerous chemicals during chemical production and business;

n) Violations of regulations on handling of chemicals that are eliminated during use.

o) Violations of regulations on elaborating preventive measures, plans for preventing and responding chemical incidents

p) Violations of regulations on the chemical declaration;

q) Violations of regulations on registration of new chemicals;

r) Violations of regulations on conditions for persons involving the dangerous chemical activities;

s) Violations of regulations on protecting areas involving dangerous chemical operation;

t) Violations of regulations on provision and keeping in secret of chemical information;

u) Violations of regulations on production, import and use reportsof chemicals in List of prohibited chemicals.

2. Acts of administrative violations in industrial explosive management, scheduled chemical managgement under the Government’s Decree No. 100/2005/ND-CP dated August 03, 2005 on the implementation of the Convention of the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, and radioactive materials are not subject to the governing scope of this Decree.

3. Acts of administrative violations in chemical operation that are not directly provided in this Decree shall comply with other relevant Government’s Decrees on handling administrative violations in state management.

Article 2. Subjects of application

1. Vietnamese organizations and individuals that conduct acts of administrative violations specified in this Decree.

2. Foreign organizations and individuals that conduct acts of administrative violations specified in this Decree on Vietnam’s territory; except for case of international treaties to which the Vietnam is a contracting party otherwise provides.

3. Minors conducting acts of administrative violations specified in this Decree shall be sanctiones according to provisions at the 2002 Ordinance of handling administrative violations.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Chemical production means the process of manufacturing chemicals.

2. The chemical use means the course of bringing chemicals into actual use so as to reach a definite purpose in economic activities (production, construction, basic survey, training, researching science, and so on) according to a defined technological process.

3. Chemical purchase and provision means the process of performing contracts of chemical purchase and transport.

4. The chemical preservation means the course of storing the chemicals in warehouses, barrels and tanks specialized in containing chemicals at the storing locations.

5. Research for experimental chemical preparation means the process of manufacturing new chemical products. Research for experimental preparation may include whole process of manufacturing product or only one of steps of process so as to define components, technological process, equipment chains, and so on.

Article 4. Provision on sanctioning administrative violations

Sanction principles, mitigating or aggravating circumstances; statute of limitations and time limit for sanction; time limit for being considered not yet administratively sanctioned; method for calculation of time limit and statute of limitations; appliction of forms of sanctioning administrative violations and remedial measures; responsibilities of competent persons in sanctioning administrative violations shall comply with provisions of the 2002 Ordinance on handling administrative violations and the 2008 Ordinance on amending and supplementing a number of articles of the Ordinance on handling administrative violations.

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