Chương 6 Thông tư 28/2010/TT-BCT: Phiếu kiểm soát mua, bán hóa chất độc; xây dựng phiếu an toàn hóa chất; hồ sơ đăng ký và đánh giá hóa chất mới; bảo mật thông tin

Chapter VI 

TOXIC CHEMICAL TRADING CONTROL CARDS; MAKING OF CHEMICAL SAFETY CARDS; REGISTRATION DOSSIERS AND ASSESSMENT OF NEW CHEMICALS: INFORMATION CONFIDENTIALITY

Article 39. Toxic chemical trading control cards

1. Pursuant to Clauses 1 and 3. Article 23 of the Law on Chemicals, control cards must be made for toxic chemical trading, which shall be kept by sellers and purchasers and must be produced upon request.

2. A toxic chemical trading control card shall be made according to the form provided in Appendix 16 to this Circular.

Article 40. Making of chemical safety cards

1. Chemical safety cards must be made for chemicals classified as hazardous chemicals under Clause 1, Article 29 of the Law on Chemicals and Articles 16 and 17 of Decree No. 108/2008/ND-CP.

2. Pursuant to Clause 2, Article 29 of the Law on Chemicals, before putting hazardous chemicals into use or for sale ill the market, producers and importers shall make chemical safety cards. These cards shall be handed free to recipients of hazardous chemicals right at the first-time delivery of the chemicals and upon changes in their contents as specified in Clause 3 of this Article.

3. When scientific proof shows changes in hazardous properties of a chemical, organizations or individuals carrying out activities related to this chemical shall modify chemical safety cards within 15 {fifteen) working days after obtaining new information. Producers and importers defined in Clause 2 of this Article shall immediately supply modified cards to organizations and individuals related to this chemical. The date and contents of modification must be indicated with clear marks to users of chemical safety cards.

4. Producers and importers of hazardous chemicals shall preserve chemical safety cards of all hazardous chemicals currently in their establishments and produce these cards upon request, ensuring that information on such chemicals in (heir safety cards is readily available to all entities related to hazardous chemicals.

5. Form and contents of a chemical safety card

a/ A chemical safety card must be printed in Vietnamese enclosed with the original or English version of the producer:

b/ For a chemical safety card consisting of many pages, such pages must be numbered consecutively from the first to the last. The number on each page consists of the ordinal number of the page and the number showing the total pages of the card. The card's every two adjoining pages shall be appended with the producer's or importer's stamp on their inner edges;

c/ A chemical safety card contains the contents specified in Clause 3, Article 29 of the Law on Chemicals;

d/ A chemical safety card shall be made according to the form provided in Appendix 17 to this Circular.

Article 41. Registration dossiers of and organizations assessing new chemicals

1. Registration dossier of new chemicals

a/ A new chemical may be put into use or sale in the market only after the result of its assessment by an assessing organization is obtained;

b/ A registration dossier of a new chemical shall be compiled under Clause 2. Article 44 of the Law on Chemicals. To produce or import a new chemical, an organization or individual shall send 2 (two) dossier sets of registration of new chemical to the Ministry of Industry and Trade (the Chemical Department);

c/ To produce or import anew chemical which has been included on at least two foreign lists of chemicals, an organization or individual shall send a registration dossier comprising;

- A written registration of a new chemical;

- A summary report on the chemical's assessment, enclosed with the CAS or UN code of the new chemical in such two lists;

d/ To produce or import a new chemical, an organization or individual shall submit dossiers and documents specified at Points b and c of this Clause to the Ministry of Industry and Trade (the Chemical Department) within 30 (thirty) working days.

2. Organizations assessing new chemicals

a/ New chemicals shall be assessed by professionally capable chemical, medical and environmental toxicology organizations designated by the Minister of Industry and Trade;

b/ Assessment results include information on properties of chemicals and information serving the making of chemical safety cards for new chemicals with hazardous properties.

Article 42. Management of activities related to new chemicals

1. Organizations and individuals engaged in activities related to new chemicals specified in Article 46 of the Law on Chemicals shall report these activities to line ministries and the Ministry of Industry and Trade (the Chemical Department).

A report on a new chemical shall be made according to the form provided in Appendix 18 to this Circular.

2. Five (5) years after a new chemical is registered, if it has no serious effects or effects with a danger level different from the initial conclusions on its assessment, it will be added to the national list of chemicals.

3. The Ministry of Industry and Trade (the Chemical Department) shall inspect and supervise the compliance with conditions on new chemicals; handle violations under law or conduct additional assessment of new chemicals when there is proof that such chemicals have serious effects different from assessment conclusions; and notify customs offices and concerned agencies of assessment results upon concluding the assessment.

Article 43. Information confidentiality

1. Organizations and individuals engaged in chemical activities shall comply with regulations on information confidentiality under Article 19 of Decree No. 108/2(X)S/ND-CP.

2. Agencies and persons receiving chemical declarations, registrations or reports shall keep secret confidential information at the request of declaring, registering and reporting parties, except the case specified in Clause 1, Article 51 of the Law on Chemicals.

3. Agencies and persons receiving chemical declarations, registrations or reports may not send confidential information via the wide-area information network.

4. Cadres and civil servants assigned to perform information confidentiality duties shall make a written commitments to protecting information confidentiality, which shall be filed in their personnel dossiers. Such a written commitment must clearly indicate responsibilities of the cadre or civil servant concerned, who shall be handled under current regulations for any violations.

5. When sending confidential information of organizations and individuals engaged in chemical activities that request information confidentiality, agencies and persons receiving chemical declarations, registrations or reports:

a/ Shall keep books for monitoring outgoing confidential information. In such a book, all the following items must be fully filled in: ordinal number, date and place of receipt of information, main content, level of confidentiality, level of urgency and signature and full name of the recipient. Outgoing confidential information documents must be put in sealed envelopes:

b/ May not put outgoing confidential information documents together with ordinary documents. Their envelopes must be appended with a mark showing the level of confidentiality.

6. Upon receiving confidential information, recipients shall give feedback to senders.

7. Incoming confidential information documents must be recorded in a book for monitoring incoming confidential information and transferred to responsible persons for handling.

8. Confidential information documents must be strictly preserved in safe places designated by heads of concerned units. Confidential information documents may not be brought out of the unit's premises without permission. They must be stored in document chests, desks or safes with secure locks.

9. Destruction of confidential information is subject to approval of a competent authority.