Chương II Thông tư 55/2014/TT-BCT: Hướng dẫn thực hiện điều kiện sản xuất hóa chất bảng và hóa chất DOC, DOC-PSF. Giấy tờ, tài liệu trong hồ sơ đề nghị cấp phép và các biểu mẫu

Chapter II

CONDITIONS FOR PRODUCTION OF SCHEDULE CHEMICALS, DOC AND DOC/PSF CHEMICALS. DOCUMENTS IN THE APPLICATION FOR LICENSE AND SPECIMENS OF FORMS

Section 1. CONDITIONS FOR PRODUCTION OF SCHEDULE CHEMICALS AND DOC OR DOC/PSF CHEMICALS. DOCUMENTS IN THE APPLICATION FOR LICENSE

Article 4. Conditions for production of Schedule chemicals and DOC and DOC/PSF chemicals

The implementation of Conditions for production of Schedule chemicals and DOC and DOC/PSF chemicals specified in Points c, d, dd, e, g, h and i Clause 1 Article 15; Points c and d Clause 1 Article 16 and Points c and d Article 20 of Decree No. 38/2014/ND-CP are specified as follows:

1. Facilities

a) The chemical production chain shall ensure the quality of chemicals. Machinery and equipment used for production of Schedule chemicals shall have identified and lawful origin. Machinery and equipment subject to strict requirements for safety and testing measurement equipment shall undergo inspection, calibration, adjustment according to current regulations on inspection of machinery and equipment and shall satisfy the production capacity and production technology process;

b) Storehouses shall be appropriate and shall satisfy the conditions for chemical storage, ensure compliance with fire safety standards and regulations. Every chemical storehouses shall have a notice board about chemical safety rules,a danger sign at noticeable place and a signalling system suitable for the levels of risks and the hazardous properties of chemicals.

The Schedule chemicals and DOC chemicals that are stored shall be labeled according to the applicable law provisions. Labels of Schedule chemicals shall ensure the mechanical and chemical strength during the existence of chemicals;

c) The system for treatment of exhaust gases and wastes derived from Schedule chemicals, DOC or DOC/PSF chemicals shall comply with the legislation on environment and fulfill the applicable National technical regulation concerning industrial emission, dangerous waste benchmark and solid waste;

d) Laboratories of any Schedule chemical or DOC or DOC/PSF chemical producer shall have capability of analyzing the quality norms specified in the National technical regulation applicable to output products and the quality norms specified in the standards applicable to input materials for product quality control.

If there is not any laboratory or the laboratory is not conformable to the regulation, there shall be a contract with an appointed or recognized laboratory for analyzing the quality of Schedule chemical.

2. Human resources

a) Managers and technical officers and directors of Schedule chemical production establishment shall have university degrees in chemistry or have certificates proving the professional skill in chemistry;

b) Employees who work directly with Schedule chemicals and DOC and DOC/PSF chemicals of the production establishment shall be provided with training in chemical safety according to the regulations in Circular No. 36/2014/TT-BCT dated October 22, 2014 by the Minister of Industry and Trade.

Article 5. Power to issue Licenses

1. The License for production of Schedule chemicals or DOCor DOC/PSF chemicals

a) The Ministry of Industry and Trade shall send the Prime Minister the satisfactory applications according to the regulations in Point a Clause 3 Article 17 of Decree No. 38/2014/ND-CP;

b) Vietnam Chemicals Agency is responsible for issuing Licenses for production of Schedule 2 and Schedule 3 chemicals and DOC and DOC/PSF chemicals.

2. Licenses for export/import of Schedule chemicals

a) The Ministry of Industry and Trade shall send the Prime Minister the satisfactory applications according to the regulations in Point a Clause 4 Article 19 of Decree No. 38/2014/ND-CP;

b) Vietnam Chemicals Agency is responsible for issuing Licenses for export/import of Schedule 2 and Schedule 3 chemicals.

Article 6. Documents in the application for the License for production of Schedule chemicals and DOC and DOC/PSF chemicals

1. Photocopies of the Enterprise registration certificate or the Investment certificate or the Certificate of Business registration containing the business in chemicals that are issued by competent agencies.

2. The application form for the License for production of Schedule chemicals or DOC or DOC/PSF chemicals.

3. The commitment on production of Schedule chemicals or DOC or DOC/PSF chemicals.

4. The description of manufacturing process, facilities (factories, storehouses), machinery and equipment (the inventory of machinery and equipment and their capacity appropriate to production stages and production scale of the establishment; equipment for measurement and inspection of quality of Schedule chemicals). The list of areas, floor plans of the factories, storehouses, offices and the auxiliary works.

5. Photocopies of the Decision on approval for the environmental impact assessment or the certificate of commitment to environment protection registration that are issued by competent agencies.

6. Photocopies of the Certificate of fire safety or photocopies of the decision on approval for firefighting plans issued by a competent agency.

7. List of managers, technical staff and production directors.

8. An inventory of technical equipment.

9. Photocopies of testing contract with the appointed testing organization (if any).

Article 7. Documents in the application for reissuance/modification of the License for production of Schedule chemicals or DOC or DOC/PSF chemicals

1. Documents in the application for reissuance of the License

a) An application form for reissuance of the License;

b) The original copy of the issued License (applicable to licenses that have mistakes) or the original copy of the issued License that is readable (applicable to damaged licenses);

c) If the License is lost, the organization/individual shall prepare the application according to the regulations in Point a of this Clause and send to a competent agency.

2. Documents in the application for modification of License

a) An application form for modification of the License;

b) An original copy of the issued License;

c) Documents proving the contents subject to modification according to the regulations in Point b Clause 5 Article 17 of Decree No. 38/2014/ND-CP.

Section 2. SPECIMENS OF FORMS CONCERNING EXPORT/IMPORT/DECLARATION OF SCHEDULE CHEMICALS AND BASICAL DECLARATION OF DOC OR DOC/PSF CHEMICALS

Article 8. Specimens of forms concerning the export/import of Schedule chemicals

Specimens of forms concerning the export/import of Schedule chemicals comprise: the Application for the License for export/import of Schedule chemicals; the License for export/import of Schedule chemicals; the Certificate of the final user; the Notice of export/import of Schedule 1 chemicals.

Article 9. Specimens of forms concerning the declaration of production, trading, processing, consumption, storage

1. Specimens of forms concerning the declaration of production, trading, processing or consumption of Schedule chemicals comprise: the annual declaration of production, consumption and processing of Schedule chemicals; the declaration of modification of production, processing and consumption of Schedule chemicals in the next year; the initial declaration of production, consumption and processing of Schedule chemicals; the declaration of trading, storage, export/import of Schedule chemicals.

2. Specimens of forms concerning the declaration of DOC or DOC/PSF chemicals comprise: the annual declaration of production of DOC or DOC/PSF chemicals; the initial declaration of DOC; the declaration of modification of production of DOC.