Chapter VII
IMPLEMENTATION PROVISIONS
Article 44. Responsibilities of the Chemical Department
To disseminate, guide, monitor and inspect the implementation of this Circular. To periodically inspect production and trading conditions of hazardous chemical producers and traders as specified in licenses for prod act ion and trading of industrial chemicals restricted from production and trading.
Article 45. Responsibilities of the Industrial Safety Techniques and Environment Agency
To guide and inspect the observance of safety techniques in production, trading, use. storage and preservation of hazardous industrial chemicals.
Article 46. Responsibilities of Industry and Trade Departments
1. To disseminate tins Circular to and guide chemical producers, traders and users in localities in implementing this Circular.
2. To inspect and examine conditions on production and trading of hazardous chemicals specified in certificates of eligibility for production and trading of industrial chemicals subject to conditional production and trading, and handle under regulations organizations and individuals engaged in chemical activities in localities under their management that commit administrative violations in chemical activities.
Article 47. Responsibilities of organizations and individuals engaged in chemical activities
1. Chemical producers and traders defined in Chapter III of this Circular must satisfy conditions on physical-technical foundations suitable to their operation scale and properties of chemicals under Article 12 of the Law on Chemicals and this Circular.
2. Organizations and individuals engaged in chemical activities may produce and trade in hazardous chemicals only when they are fully qualified and possess certificates or licenses granted by competent state agencies under this Circular.
3. Organizations and individuals engaged in chemical activities shall maintain production and trading conditions indicated in the granted certificates or licenses during chemical production and trading.
4. Organizations and individuals engaged in chemical activities shah properly and fully comply with approved regulations on prevention and response to chemical incidents.
5. Organizations and individuals engaged in chemical activities shall create favorable conditions for competent agencies to inspect chemical production and trading conditions under regulations.
6. Organizations and individuals engaged in chemical activities shall observe competent agencies' regulations on examination and inspection.
Article 48. Regular reporting
1. Organizations and individuals engaged in chemical activities shall:
a/ Send before June 10 and December 10, respectively, biannual and annual reports to Industry and Trade Departments, on:
Production of and trading in chemicals subject to conditional production and trading:
- Chemical safety at their establishments:
- Situation and results of implementation of measures or plans to prevent and respond to incidents of group-C chemicals:
b/ Send before June 1 and December I. respectively, biannual and annual reports to the Ministry of Industry and Trade (the Chemical Department), on:
- Production and trading of chemicals restricted from production and trading;
- Situation and results of implementation of plans to prevent and respond to incidents of chemicals of groups A and B.
2. Industry and Trade Departments shall summarize and report to the Ministry of Industry and Trade (the Chemical Department) on chemical activities in localities under their management, based on the contents specified at Point a. Clause 1 of this Article, before June 15. for biannual reports, or December 15, for annual reports.
3. A chemical safety report shall be made according to the form provided in Appendix 19 to this Circular.
Article 49. Handling of violations
1. Production and trading activities of organizations and individuals engaged in chemical activities that possess certificates or licenses while failing to satisfy prescribed conditions will be regarded as illegal activities.
2. If organizations or individuals that breach production and trading conditions specified in the Law on Chemicals. Decree No. 108/2008/ND-CP and this Circular fail to promptly redress such breaches, agencies that have granted certificates or licenses to them shall revoke these certificates or licenses under Clause 2. Article 18 of the Law on Chemicals. Violators of regulations on chemical activities shall, depending on the nature and severity of their violations, be handled under regulations. If causing damage, they shall pay compensation under law.
3. Agencies or individuals responsible for granting certificates or licenses that commit violations shall, depending on the severity of their violations, be administratively sanctioned under the Government's Decree No. 90/2009/ND-CP of October 20, 2009. on sanctioning of administrative violations in chemical activities, or examined for penal liability.
Article 50. Effect
1. This Circular takes effect on August 16. 2010.
2. This Circular supersedes Circular No. 12/ 2006/TT-BCK of December 22: 2006. of the Ministry of Industry (now the Ministry of Industry and Trade), guiding the implementation of the Government's Decree No. 68/2005/ND-CP of May 20. 2005. on chemical safety.
3. From January 1, 2011, producers and traders of hazardous chemicals shall carry out procedures to apply for certificates or licenses under this Circular. Organizations or individuals that fail to satisfy all the conditions on production and trading of chemicals subject to conditional production and trading or chemicals restricted from production and trading specified in the Law on Chemicals. Decree No. 108/200S/ND-CP and this Circular, shall cease producing and trading chemicals until they fully satisfy the prescribed conditions.
4. Any problems arising in the course of implementation should be promptly reported to the Ministry of Industry and Trade for appropriate amendment or supplementation.
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)