Chapter III
DOSSIERS AND PROCEDURES FOR GRANT OF CERTIFICATES OF OR LICENSES FOR INDUSTRIAL CHEMICAL PRODUCTION AND TRADING
Section I. DOSSIERS AND PROCEDURES FOR GRANT OF CERTIFICATES OF ELIGIBILITY FOR PRODUCTION AND TRADING OF INDUSTRIAL CHEMICALS SUBJECT TO CONDITIONAL PRODUCTION AND TRADING
Article 8. Organizations granting certificates of eligibility for chemical production and trading
Industry and Trade Departments of provinces or centrally run cities (below referred to as Industry and Trade Departments) shall grant certificates of eligibility for production and trading of industrial chemicals subject to conditional production and trading (below referred to as certificates).
Article 9. Dossiers of application I or new certificates applicable to producers of chemicals subject to conditional production and trading
1. Legal documents
a/ An application for a certificate, made according to the form provided in Appendix 2 to this Circular:
b/ A valid copy of the business registration certificate;
c/ A valid copy of the decision approving an investment project to build production works under the law on investment and construction management;
d/ A valid copy of the decision approving an environmental impact assessment report or the written certification of environmental protection commitment registration enclosed with a scheme. granted by a competent agency;
e/ A valid copy of the certificate of satisfaction of fire prevention and lighting conditions or the record of inspection of the assurance of fire prevention and fighting safety, granted by a competent police office.
2. Technical documents
a/ A list of workshops and warehouses of the producer of hazardous chemicals;
b/ A list of labor safety equipment, made according to the form provided in Appendix 3 to this Circular:
c/ A written announcement of regulation conformity and a plan on regular supervision of chemical quality based on chemical inspection equipment or a contract on cooperation with a capable chemical inspection body accredited by a competent state agency:
d/ Chemical safety cards of all hazardous chemicals of the producer.
3. Documents on conditions on producers
a/ A list of staff members, made according lo the form provided in Appendix 4 to this Circular, including leading and managerial staff, technicians and employees directly engaged in the production, preservation and transportation of hazardous chemicals;
b/ Valid copies of university degrees in chemical disciplines of the director or deputy director in charge of technical matters; certificates of chemical-related skill training of technicians, employees and laborers of the producer:
c/ Health certificates issued by district- or higher-level health establishments to the persons detuned at Point a of this Clause.
Article 10. Dossiers of application for new certificates applicable to traders of chemicals subject to conditional production and trading
1. Legal documents
a/ An application for a certificate, made according to the form provided in Appendix 2 to this Circular:
b/ A valid copy of the business registration certificate:
c/ A valid copy of the certificate of satisfaction of fire prevention and fighting conditions or the record of inspection of the assurance of fire prevention and fighting safety, issued by a competent police office;
d/ A written certification of environmental protection commitment registration, issued by a competent agency.
2. Technical documents
a/ A list of workshops and warehouses of each trader of hazardous chemicals;
b/ A list of labor safety equipment, made according to the form provided in Appendix 3 to this Circular:
c/ A list of special-use vehicles and a valid copy of the license for transportation of hazardous goods;
d/ A list of business places. If the trader has many business places for the same chemical, a separate dossier shall be made for each business place under this Article and a certificate shall be issued for all business places;
e/ Chemical safety cards of all hazardous chemicals of the trader.
3. Documents on conditions on traders a/ A list of staff members, made according to the form provided in Appendix 4 to this Circular, including leading and managerial staff. technicians and employees directly engaged in the trading, preservation and transportation of hazardous chemicals;
b/ Valid copies of university degrees in chemical or econo-technical disciplines of the director or deputy director in charge of technical matters; certificates of chemical-related skill training of technicians, employees and laborers of the trader:
c/ Health certificates issued by district- or higher-level health establishments to the persons defined at Point a of this Clause.
Article 11. Certificate application dossiers of producers-cum-traders of chemicals subject to conditional production and trading
For producers-cum-traders of chemicals subject to conditional production and trading, a certificate application dossier comprises:
1. An application for a certificate.
2. A valid copy of the business registration certificate.
3. Chemical safety cards of all hazardous chemicals of the producer-trader.
4. A list of staff members, made according to the form provided in Appendix 4 to this Circular including leading and managerial staff, technicians and employees directly engaged in the production, trading, preservation and transportation of hazardous chemicals.
5. Valid copies of university degrees in chemical or econo-technical disciplines of the director or deputy director in charge of technical matters; certificates of chemical related skill training of technicians, employees and laborers of the producer-trader.
6. Health certificates issued by district- or higher-level health establishments to the persons defined in Clause 1 of this Article.
Documents specified at Points c. d and e. Clause 1; Points a. b and c. Clause 2. Article 9; and Points c and d. Clause 2. Article 10. of this Circular.
Article 12. Grant of modified and supplemented certificates
1. In case of any change in the contents of a granted certificate, an organization or individual shall send a dossier of application for a modified and supplemented certificate to the Industry and Trade Department.
2. Such a dossier comprises:
a/ A written request for the certificate modification and supplementation:
b/ The granted original certificate;
c/ Documents evidencing such request.
Article 13. Re-grant of certificates
1. When a certificate is lost, burnt or otherwise destroyed, an organization or individual shall send a dossier of request for certificate re-grant to the Industry and Trade Department, comprising:
a/ A written request for certificate re-grant:
b/ A valid copy of the certificate (if any),
2. Thirty working days before a certificate expires, an organization or individual shall send a dossier of request for certificate re-grant to the Industry and Trade Department, comprising:
a/ A written request for certificate re-grant;
b/ The granted certificate or its valid copy;
c/ A report on chemical production and trading during the validity term of the certificate, indicating names of chemicals, their use purposes, volumes of produced, imported and used chemicals: volumes of chemicals warehoused, ex-warehoused and left in stock and places of storage of chemicals; application of safety measures: and other information (if any).
Article 14. Certificate grant procedures
1. A certificate applicant shall send one dossier set to the Industry and Trade Department.
2. Within 20 (twenty) days after receiving a complete and valid dossier specified in Article 9. 10. 11, 12 or 13 of this Circular, the Industry and Trade Department shall examine it and grant a certificate according to the form provided in Appendix 5 to this Circular to the applicant.
In case of refusal to grant a certificate, the Industry and Trade Department shall give a written reply clearly stating the reason.
3. Within 5 (five) days after receiving a dossier which is incomplete or invalid, the Industry and Trade Department shall request in writing the applicant to supplement the dossier.
4. Organizations and individuals that are granted certificates shall pay a fee prescribed by the Ministry of Finance.
5. A chemical producing or trading establishment that renames itself but does not change its production and trading conditions shall send to the Industry and Trade Department a valid copy of the enterprise-renaming decision and a written request for certificate renewal.
Article 15. Validity term of a certificate
A certificate is valid for 5 (five) years from the date of its grant, For an organization or individual that has many business places, a certificate must indicate all of these business places which are identified as satisfying prescribed conditions.
Section 2. DOSSIERS AND PROCEDURES FOR GRANT OF LICENSES FOR PRODUCTION AND TRADING OF INDUSTRIAL CHEMICALS RESTRICTED FROM PRODUCTION AND TRADING
Article 16. Organization granting licenses for production and trading of chemicals restricted from production and trading
The Ministry of Industry and Trade may grant licenses for production and trading of industrial chemicals restricted from production and trading (below referred to as licenses).
Article 17. Dossiers of application for new licenses applicable to producers of chemicals restricted from production and trading
1. Legal documents
a/ An application for a license, made according to the form provided in Appendix 6 to this Circular;
b/ A valid copy of the business registration certificate;
c/ A valid copy of the decision approving an investment project to build production works under the law on investment and construction management;
d/ A valid copy of the decision approving an environmental impact assessment report or the written certification of environmental protection commitment registration enclosed with a scheme, issued by a competent agency;
e/ A valid copy of the certificate of satisfaction of fire prevention and fighting conditions or the record of inspection of the assurance of fire prevention and fighting safety, issued by a competent police office.
2. Technical documents
a/ A list of workshops and warehouses of the producer of hazardous chemicals;
b/ A list of labor safety equipment, made according to the form provided in Appendix 3 to this Circular;
c/ A written announcement of regulation conformity and a plan on regular supervision of chemical quality based on chemical inspection equipment or a contract on cooperation with a capable chemical inspection body accredited by a competent state agency;
d/ Chemical safety cards of all hazardous chemicals of the producer.
3. Documents on conditions on producers
a/A list of staff members, made according to the form provided in Appendix 4 to this Circular, including leading and managerial staff, technicians and employees directly engaged in the production, preservation and transportation of hazardous chemicals;
b/ Valid copies of university degrees in chemical disciplines of the director or deputy director in charge of technical matters; certificates of chemical-related skill training of technicians, employees and laborers of the producer:
c/ Health certificates issued by district- or higher-level health establishments to the persons defined at Point a of this Clause.
Article 18. Dossiers of application for new licenses applicable to traders of chemicals restricted from production and trading
1. Legal documents
a/ An application for a license, made according to the form provided in Appendix 6 to this Circular;
b/ A valid copy of the business registration certificate;
c/ A valid copy of the certificate of satisfaction of fire prevention and fighting conditions or the record of inspection of the assurance of fire prevention and fighting safety, issued by a competent police office;
d/ A written certification of environmental protection commitment registration, issued by a competent agency.
2. Technical documents
a/ An explanatory document on the needs for chemical trading;
b/ A list of workshops and warehouses of each trader of hazardous chemicals;
c/ A list of labor safety equipment, made according to the form provided in Appendix 3 to this Circular;
d/ A list of special-use vehicles and a valid copy of the license for transportation of hazardous goods:
e/ A list of business places. If a trader has many business places for the same chemical, a separate dossier shall be made for each business place under this Article and a license shall be granted for all business places;
f/ Chemical safety cards of all hazardous chemicals of the trader.
3. Documents on conditions on traders
a/ A list of staff members, made according to the form provided in Appendix 4 to this Circular, including leading and managerial staff, technicians and employees directly engaged in the trading, preservation and transportation of hazardous chemicals;
b/ Valid copies of university degrees in chemical or econo-technical disciplines of the director or deputy director in charge of technical matters: certificates of chemical-related skill training of technicians, employees and laborers of the trader;
c/ Health certificates issued by district- or higher-level health establishments to the persons defined at Point a of this Clause.
Article 19. Dossiers of application for licenses applicable to producers-cum-traders of chemicals restricted from production and trading
For producers-cum-traders of chemicals restricted from production and trading, a license application dossier comprises:
1. An application for a license.
2. A valid copy of the business registration certificate.
3. Chemical safety cards of all hazardous chemicals of the producer trader.
4. A list of staff members, made according to the form provided in Appendix 4 to this Circular, including leading and managerial staff, technicians and employees directly engaged in the production, trading, preservation and transportation of hazardous chemicals.
5. Valid copies of university degrees in chemical or econo-technical disciplines of the director or deputy director in charge of technical matters; certificates of chemical-related skill training of technicians, employees and laborers of the producer-trader,
6. Health certificates issued by district- or higher-level health establishments to the persons defined in Clause 4 of this Article.
7. Documents specified at Points c. d and e. Clause 1, and Points a. b and c. Clause 2. Article 17; and Points a. d and e. Clause 2. Article 18, of this Circular.
Article 20. Grant of modified or supplemented licenses
1. In case of any change in the contents of a granted license, an organization or individual shall send a dossier of request for license modification or supplementation to the Ministry of Industry and Trade.
2. Such a dossier comprises:
a/ A written request for license modification or supplementation;
b/ The granted original license;
c/ Documents evidencing such request.
Article 21. Re-grant of licenses
1. When a license is lost, burnt or otherwise destroyed, an organization or individual shall send a dossier of request for license re-grant to the Ministry of Industry and Trade, comprising:
a/ A written request for license re-grant;
b/ A valid copy of the license (if any).
2. Thirty working days before a license expires, an organization or individual shall send a dossier of request for license re-grant to the Ministry of Industry and Trade (the Chemical Department), comprising:
a/ A written request for license re-grant;
b/ The granted license or its valid copy;
c/ A report on chemical production and trading during the validity term of the granted license, indicating names of chemicals, their use purposes, volumes of produced, imported and used chemicals: volumes of chemicals warehoused, ex-warehoused and left in stock and places of storage of chemicals; application of safety measures: and other information (if any).
Article 22. Licensing procedures
1. A license applicant shall send one dossier set to the Ministry of Industry and Trade (the Chemical Department).
2. Within 20 (twenty) days after receiving a complete and valid dossier specified in Article 17.18.19.21) or 21 of this Circular, the Ministry of Industry and Trade (the Chemical Department) shall examine it and grant a license according to the form provided in Appendix 7 to this Circular to the applicant.
When refusing to grant a license, the Ministry of Industry and Trade (the Chemical Department) shall give a written reply clearly stating the reason.
3. Within 5 (five) days after receiving an incomplete or invalid dossier, the Ministry of Industry and Trade (the Chemical Department) shall request in writing the applicant to supplement the dossier.
4. Organizations or individuals that are granted licenses shall pay a fee under the Finance Ministry's regulations.
5. Chemical producers and traders conducting production and trading activities before the effective date of this Circular without a license-shall, if wishing to continue these activities, carry out license application procedures under this Article.
6. Producers and traders of chemicals restricted from production and trading that cease production and trading activities or relocate their production and trading places shall report thereon in writing to the Ministry of Industry and Trade (the Chemical Department).
Article 23. Validity of a license
A license is valid for 3 (three) years from the date of its grant. For an organization or individual with many business places, a license must indicate all of these business places which are identified as satisfying the prescribed conditions.
Tìm kiếm
Thông tư 28/2010/TT-BCT quy định cụ thể một số điều của Luật hóa chất và Nghị định 108/2008/NĐ-CP hướng dẫn Luật hóa chất do Bộ trưởng Bộ Công thương ban hành (Bản Word)
Thông tư 28/2010/TT-BCT quy định cụ thể một số điều của Luật hóa chất và Nghị định 108/2008/NĐ-CP hướng dẫn Luật hóa chất do Bộ trưởng Bộ Công thương ban hành (Bản Pdf)