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CIRCULAR

ON USE OF CHEMICALS FOR SCIENTIFIC EXPERIMENTS AND RESEARCH

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

Pursuant to Decree No. 95/2017/ND-CP dated August 16, 2017 of the Government adminsitering functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 113/2017/ND-CP dated October 09, 2017 of the Government on elaboration to a number of Articles of the Law on Chemicals;

At the request of the Director General of the Department of Science and Technology for Economic-Technical Branches and the Director General of the Department of Legal Affairs,

The Minister of Science and Technology promulgates Circular on use of chemicals for scientific experiments and research.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates Article 33 of the Law on Chemicals dated November 21, 2007 relating the use of chemicals for scientifc experiments and research (hereinafter referred to as “the Law on Chemicals"). To be specific:

a) Safety equipment and personal protective equipment, guarantee of safe use of chemicals for scientifc experiments and research;

b) Labelling of chemical containers in laboratories and storage;

c) Records of chemicals in the laboratories; Material Safety Data Sheet;

d) Responsibilities of heads of experiment facilities and direct chemical users for scientific experiments and research.

Article 2. Regulated entities

1. This Circular applies to the regulatory authorities, organizations and persons using chemicals and other organizations and persons involved in the use of chemicals for the scientific experiments and research.

2. This Circular does not apply to the organizations and persons conducting activities specified in Clause 2 Article 3 of the Law on Chemicals dated November 21, 2007.

Article 3. Term interpretation

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

1. “Scientific experiment, research facility” refers to an agency or organizations established as per law, whose functions are to conduct scientific experiments, research.

2. “Head of scientific experiment, research facility” refers to the legal representative of the scientific experiment, research facility;

3. “Direct chemical user” refers to the person conducting scientific experiments and research involving the use of chemicals;

4. “Laboratory” refers to the location where the experiments, tests, examinations (hereinafter referred to as “experiments”) are conducted to serve scientific analysis, assessment and research purposes;

5. “Chemical containers” include many types of textainters, boxes, bottles, flasks, glasses, measuring tubes, test tubes, etc. that are used to contain chemicals or conduct the scientific experiments and research involving the use of chemicals;

6. “Labelling the chemical containers” refers to the activities of specifying one piece or some basic, necessary information about the chemicals, the danger levels of the chemicals on the container to furnish the user with such information;

7. “Chemical wastes” refer to the used chemicals that fail to meet the technical requirements and standards for the scientific experiments and research and thus must be disposed of or the expired chemicals.

Article 4. General provisions of use of chemicals for scientific experiments and research

1. The organizations and persons using chemicals for the scientific experiments and research must comply with the regulations and law regarding chemical management specified in the Law on Chemicals and Decree No. 113/2017/ND-CP dated October 09, 2017 of the Government on elaboration to a number of Articles of the Law on Chemicals (hereinafter referred to as "Decree No. 113/2017/ND-CP”).

2. The organizations and persons using banned chemicals specified in the “List of banned chemicals” to conduct the scientific experiments and research must comply with the provisions under Article 19 of the Law on Chemicals.

Chapter II

SPECIFIC PROVISIONS

Article 5. Safety equipment and personal protective equipment used in laboratories

1. The general provisions on the safety equipment and personal protective equipment that are used in the laboratories, including:

a) The means, equipment and tools responding to the events of chemical hazards;

b) The first aid kit;

c) The personal protective equipment (clothes, boots, hats, goggles, respirators, gloves, masks, etc.) that is necessary for the persons conducting experiments suitable for the nature of the experiments, research.

d) The wastes containers which are classified and marked externally to distinguish;

dd) The occupational safety regulations within the laboratories, instructions on the use of experiment equipment, instructions on the safely use of chemicals classified as hazardous chemicals;

e) The Material Safety Data Sheet providing detailed information on the toxic and hazardous chemicals issued by the manufacturers, importers and distributors.

2. The laboratories using hazardous chemicals must be equipped with appropriate safety equipment according to the dangerous nature of the chemicals. To be specific:

a) The areas utilizing flammable or explosive chemicals must be installed with the monitoring, warning devices and appropriate ventilation equipment;

b) The areas utilizing toxic or volative chemicals must be installed with the appropriate laboratory fume hoods, ventilation fans or the air collection and treatment system satisfactory to the emission requirements;

c) The areas utilizing corrosive chemicals and strong oxidants must be separately designed and located, installed with the appropriate waste collection and treatment system to ensure safety;

d) The laboratories utilizing chemicals having other dangerous properties must be furnished with the safety equipment or have appropriate measures to ensure human safety and environmental protection.

3. With respect to the laboratories, must allocate areas to store the chemicals that are being used for the scientific experiments and research to ensure safety.

4. The hazardous chemicals, banned chemicals that are used for the scientific experiments and researched must be stored in separate storage satisfactory to the chemical storage requirements under Article 4 of Decree No. 113/2017/ND-CP.

5. Allocate safety equipment in the laboratories ensuring the following criteria:

a) Away from the emergency exits or doors. The escape routes must be clearly specified by panels, signalling lights and designed conveniently for the purposes of emergency exit, rescue or evacuation;

b) The ventilation systems, warning systems, lighting systems, electricity systems and wastes classification, collection and treatment systems must be installed in a manner satisfactory to the technical standards, regulations and regulations relating fire, explosive and corrosion prevention and fight, environmental protection and occupational safety and hygiene as per law.

c) The regulations regarding chemical safety, the specific guidelines regarding the procedures and danger signs meeting the danger levels of the chemicals must be posted and placed in visible spots.

6. Each laboratory, based on their specialized nature, shall promulgate regulations applicable to the respective laboratory to ensure safety for human, assets and environment during the use and storage of hazardous chemicals.

Article 6. Labelling of chemical containers in storage and laboratories

1. The chemicals that are boxed, bottled, packed with belts or packages to be stored in the storage and laboratories must have the respective chemical containers labelled as set forth under Clause 3, 4 Article 27 of the Law on Chemicals.

2. The chemicals that are bought retail, reused, stagnated in the storage and used in the laboratories after being detached, removed from the belts, packages or poured into the chemical containers for experiments must have their containers labelled to warn and classify to assure the users of chemical safety.

a) Label the chemical containers in the storage specifying the following information: the chemical names, the chemical formula; the precautions for safe use; the expiration date; the warning signs, warning words, risk warnings (if any).

b) Label the chemical containers during the scientific experiments and research guarateeing any of the following information:

- The chemical names, the chemical formula;

- The content, the concentration or the main component.

Article 7. Records of chemicals for scientific experiments and research

1. The laboratories shall prepare the records of the hazardous chemicals and banned chemicals. To be specific:

a) The tracking code for hazardous chemicals and banned chemicals;

b) The files and documents of each banned chemical used for the scientific experiments and research (if any);

c) The Material Safety Data Sheet with respect to the toxic chemicals and potentially dangerous chemicals as set forth under Article 24 of Decree No. 113/2017/ND-CP.

2. The details specified in the records of hazardous chemicals and banned chemicals shall fully include the following information: the chemical names, the trade names and the chemical formula of the respective chemicals; the quantity and amount of used chemicals and chemical wastes; classification of dangerous chemicals; information relating the chemical incidents, chemical safety; the newly formed properties and impacts of the chemicals that are potentially dangerous.

3. The tracking code for hazardous chemicals and banned chemicals, the Material Safety Data Sheet shall be archived in consolidation at a specific place in the laboratories.

4. With respect to the records of hazardous chemicals and banned chemicals, the record archive duration will be respectively at least 03 years and at least 10 years from the date on which the respective chemicals are used.

5. On a yearly basis, examine the chemicals, update on the old and expired chemicals to take safe disposal measures.

Article 8. Responsibilities of heads of scientific experiment, research facilities

The heads of the scientific experiment and research facilities shall:

1. implement chemical management and chemical safety management as per law.

2. develop, approve and issue the regulations, procedures and guidelines on the safe use of chemicals in accordance with regulations and law.

3. construct the chemical storage and laboratories satisfactory to the national technical standards and regulations, the technical facilitiy requirements, the specialized characteristics, the scalce and dangerous properties of the used chemicals.

4. fully allocate the personnel, safety equipment, the personal protective equipment and assign persons to monitor chemical safety, to manage, store and handle chemical incidents.

5. ensure safety conditions for human and environment during the storage and use of chemicals for the scientific experiments and research as per law.

6. develop the chemical incident response and prevention plans and measures as set forth under the Law on Chemicals and Decree No. 113/2017/ND-CP.

7. organize the training relating chemical safety or assign persons to participate in the training courses of the chemical safety course organizers as specified in Decree No. 113/2017/ND-CP.

8. organize the activities ensuring safe chemical use, including:

a) Publicized, instruct the chemical users to acknowledge the regulations on safe chemical use, the procedures for conducting the scientific experiments and research and the ability to safely handle incidents in their workplace;

b) Fully and appropriately provide and maintain the safety equipment and personal protective equipment to ensure a safe working environment;

c) Allocate the safety equipment neatly, visibly, accessibly and thoroughly.

9. strictly manage and control, accurately and promptly report on the use of banned chemicals to the competent regulatory agencies.

10. prepare the chemical records and archive the material Safety Data Sheet as per law.

11. examine and inspect the safety equipment according to measurement laws.

12. handle and dispose stagnated chemicals, wastes and chemical containers as set forth under Article 35 of the Law on Chemicals.

Article 9. Responsibilities of direct chemical users

The direct chemical users shall:

1. comply with the regulations on chemical safety management as per law and rules, procedures and guidelines on use of chemicals at the scientific experiment, research facilities.

2. propose and adopt the measures to store the chemicals, use the safety equipment and personal protective equipment in experiments and research to ensure safety.

3. propose and classify, allocate the storage areas for the hazardous chemicals, the chemical containers to conduct the scientific experiments and research, and put up warning signs.

4. stringently manage and control the use of chemicals to ensure safety according to the regulations of the scientific experiment, research facilities. Pay due attention to the list of banned chemicals, stringently manage the quantity, amount, correct use purposes in the scientific experiments, research and ensure safety during use.

5. use the safety equipment, the personal protective equipment and the chemical containers appropriately, satifying the regulations and ensuring safety and hygiene.

6. promptly detect and report to the head of the scientific experiment, research facilities any unsual events during the use of potentially dangerous chemicals to promptly adopt measures to prevent and respond to the chemical incidents.

7. arrange the safety equipment, the personal protective equipment, the chemical containers and store the chemicals in a manner satisfactory to the regulations of the scientific experiment, research facilities.

8. participate in the training for chemical safety organized by the scientific experiment, research facilities (if any); acknowledge the regulations, procedures and guidelines for safe use of chemicals and occupational safety measures.

9. carefully read the documents, fully understand the procedures before conducting the experiments and predict possible incidents to prevent in their parts, with particular respect to the hazardous or new chemicals.

10. classify, store and handle wastes according to the regulations of the scientific experiment, research facilities.

11. periodically inspect and propose the chemical waste disposal and the damaged chemical containers.

12. prepare the records of the chemicals and chemical wastes.

Chapter III

IMPLEMENTATION PROVISIONS

Article 10. Responsibilities for implementation

1. The Ministry of Science and Technology shall:

a) cooperate with the relevant local ministries to publicize, launch and implement this Circular;

b) report on the use of hazardous chemicals and banned chemicals for scientific experiments and research as per law.

2. The science and technology management agencies of provinces and central-affiliated cities shall:

a) cooperate with the relevant agencies and units to publicize, launch and implement this Circular on the local level;

b) consolidate and report irregularly or upon request the use of chemicals for scientific experiments and research of the organizations and persons within their divisiosn, furnish the Ministry of Science and Technology with: the use of banned chemicals for scientific experiments and research; the occurred chemical incidents; the new dangerous properties of the used chemicals.

3. The organizations and persons using chemicals for the scientific experiments and research shall:

a) report to the science and technology management agencies of provinces and central-affiliated cities where the supervisory organizations, persons and authorities are based. To be specific:

- Report before the January 15 of each year on the use of banned chemicals for the scientific experiments and research of the previous year. The report contents include: the chemical names and the trades name of the chemicals; the contents, properties; the quantity and amount of purchased, used and disposed chemicals; use purposes; the files and documents relating the purchase, use and disposal of the chemicals;

- Report promptly on the facts of the chemical incident occurred within the scientific experiment, research facilities. The report contents include: the chemical names and the trade names of such chemicals; the consquences for the organizations and surrounding areas (number of deaths, number of persons whose health is affected, estimated physical damage); the cause, the progress and remediation process; the attached files, documents and pictures relating the incidents;

- Promptly report on the new dangerous properties of the chemicals used for the scientific experiments and research. The report contents include: the chemical names and trade names of the chemicals; the contents and the properties; the use purposes; the events occurring during the use and the new dangerous potential of the chemicals.

b) report at the request of the regulatory agencies on the use of chemicals for the scientific experiments and research.

Article 11. Entry into force

1. This Circular comes into force from September 15, 2019.

2. Difficulties that arise during the implementation of this Circular should be submitted to the Ministry of Science and Technology for consideration or adjustment research.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairman of the People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Circular./.