Chapter V
CHEMICAL ENC1DENT PREVENTION AND RESPONSE MEASURES AND PLANS
Article 30. Chemical incident prevention and response measures
1. Investors of projects on production, trading, use. storage and preservation of hazardous chemicals not on the list specified in Clause 1. Article 38 of the Law on Chemicals shall work out chemical incident prevention and response measures suitable to production scale and conditions and properties of chemicals.
2. Investors of projects on production, trading, use, storage and preservation of hazardous chemicals shall report on the application of measures to prevent and respond to chemical incidents to Industry and Trade Departments of localities where they locate their establishments under Clause I. Article 48 of this Circular.
Article 31. Making of chemical incident prevention and response plans
1. Investors of projects on production, trading. use. storage and preservation of hazardous chemicals on the list of chemicals specified in Appendix IV to Decree No. 108/2008/ND-CP with a volume exceeding the corresponding limit shall work out chemical incident prevention and response plans and submit them to competent authorities for approval under Clause 1, Article 34 of this Circular.
2. Investors of projects on production, trading. use, storage and preservation of hazardous chemicals may themselves make or hire consultants to make chemical incident prevention and response plans.
3. A chemical incident prevention and response plan shall be presented under the guidance in the form provided in Appendix 11 to this Circular.
Article 32. Contents of a chemical incident prevention and response plan
1. The contents of a chemical incident prevention and response plan comply with Article 39 of the Law on Chemicals.
2. Requirements on the specific contents of a plan to prevent and respond to chemical incidents are provided in Appendix 12 to this Circular.
Article 33. Dossier of request for approval of a plan to prevent and respond to chemical incidents
1. A written request of the investor of a project on production, trading, use, storage or preservation of hazardous chemicals, made according to the form provided in Appendix 13 to this Circular.
2. Ten (10) copies of the plan. If more copies are required to meet appraisal requirements, the investor shall additionally supply them at the request of the appraising agency.
3. Attached documents (if any).
Article 34. Appraisal or approval of plans to prevent and respond to chemical incidents
1. Appraising or approving agencies
a/ The Chemical Department shall receive and appraise plans to prevent and respond to chemical incidents for group-A and group-B investment projects on production, trading, use. storage or preservation of hazardous chemicals and submit these plans to the Minister of Industry and Trade for approval;
b/ Industry and Trade Departments shall receive, appraise and approve plans to prevent and respond to chemical incidents under group-C investment projects on production, trading, use. storage or preservation of hazardous chemicals;
c/ Projects on production, trading, use. storage or preservation of hazardous chemicals shall be classified by their size and characteristics under the Government's Decree No. 12/2009/ND-CP of February 12. 2009. on management of work construction investment projects.
2. Appraisal of plans to prevent and respond
to chemical incidents
a/ Pursuant to Clause 3. Article 40 of the Law on Chemicals, the time limit for appraising and approving a plan to prevent and respond to chemical incidents is 30 (thirty) days after the receiving agency receives a complete and valid dossier:
b/ Within 7 (seven) days after receiving a dossier, the receiving agency shall notify in writing the investor of the project on production, trading, use. storage or preservation of hazardous chemicals of the incompleteness or invalidity of the dossier and request supplementation thereof within a prescribed time limit:
c/ Within 15 (fifteen) days after obtaining the Appraisal Council's conclusions and assessments, the dossier-receiving agency shall:
- Submit the chemical incident prevention and response plan if it is satisfactory to a competent authority for approval; or.
- Notify the investor of the project on production, trading, use. storage or preservation of hazardous chemicals of the disapproval of his/ her plan and clearly state the reason: or.
- Notify the investor of the plan's details to be completed and time limit for completion, in case such plan is required to be rewritten. The appraisal order and procedures are the same as those for plans submitted for the first lime.
A decision approving a plan to prevent and respond to chemical incidents shall be made according to the form provided in Appendix 13 to this Circular.
3. After a plan to prevent and respond to chemical incidents is approved, the investor of the project on production, trading, use. storage or preservation of hazardous chemicals shall send it to the state management agency in charge of fire prevention and fighting, the local administration, the branch- or sector-managing agency and the management board of the industrial park, export-processing zone or economic zone in which the establishment is located.
Article 35. Operation of an Appraisal Council
1. A Council for appraising a chemical incident prevention and response plan shall be set up under a decision of the head of the agency with plan- approving competence. This Council shall be composed at least () (nine) members, including the Chairman, secretary and other members being representatives of concerned stale management agencies, such as agency in charge of fire prevention and fighting and local administration, and experts. The Council shall assess and appraise the plan and make written conclusions.
An Appraisal Council's conclusions shall be made according to the form provided in Appendix 15 to this Circular.
2. An Appraisal Council shall operate on the principle of collective discussion. It shall terminate operation and automatically dissolve after the appraised chemical incident prevention and response plan is approved.
Article 36. Meetings of an Appraisal Council
1. The Council Chairman shall convene an appraisal meeting only when it is attended by at least 2/3 (two-thirds) of the Council's total members.
2. When a Council member cannot attend an appraisal meeting, he/she shall send his/her written opinions to the Council Chairman.
3. An agency competent to appraise and approve a chemical incident prevention and response plan shall send documents of a Council's meeting to the Council members at least 5 (five) working days before the meeting is convened.
4. The Council members shall discuss the contents of a chemical incident prevention and response plan and other relevant matters. The Council Chairman shall, based on the consent of 2/3 (two-thirds) of members present at the meeting, conclude on the plan's satisfaction or non-satisfaction of set requirements.
5. The Council secretary shall make a minutes of the meeting, which must be signed by him/her and the Council Chairman.
Article 37. Appraisal charge
1. Investors of projects on production, trading. use, storage or preservation of hazardous chemicals shall pay once a charge for appraisal of plans to prevent and respond to chemical incidents simultaneously with the time of submission of plan dossiers.
2. Rates, collection, remittance and use management of the appraisal charge comply with the Finance Ministry's guidance.
Article 38. Management of measures or plans to prevent and respond to chemical incidents
1. In implementing an investment project on production, trading, use. storage or preservation of hazardous chemicals, the investor shall comply with the requirements in approved chemical incident prevention and response measures or plans.
2. In case changes in the course of investment or construction result in changes in the approved or certified safety requirements, the investor shall report such changes to the agency competent to approve chemical incident prevention and response plans for consideration and decision.
3. Chemical incident prevention and response measures or plans shall be kept at establishments producing, trading, using, storing or preserving hazardous chemicals. These measures or plans serve as a basis for making plans to manage chemical safely in chemical production, trading, use. storage or preservation.
4. Annually, investors of projects on production, trading, use, storage or preservation of hazardous chemicals shall plan and organize chemical incident prevention and response drills according to chemical incident prevention and response measures or plans.
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)