Circular No. 05/1999/TT-BYT guiding the declaration, registration, and issuance of certificates for the use of substances with strict hygiene requirements in the workplace

CIRCULAR

Guidelines for declaration, registration, and issuance of certificates for the use of substances with strict occupational hygiene requirements.

Declaration, registration, and issuance of certificates for the use of substances with strict occupational hygiene requirements.

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Pursuant to Article 96, Article 185 and 186 of the Labor Code dated June 23, 1994.

Pursuant to Clause 2, Article 19 of Decree 06/CP dated January 20, 1995 of the Government stipulating the responsibility of the Ministry of Health to develop, promulgate, and manage uniformly the system of occupational hygiene regulations.

Pursuant to Decree 68/CP dated October 11, 1993 of the Government stipulating the functions, tasks, powers of the Ministry of Health.

The Ministry of Health issues guidelines for declaration, registration, and issuance of certificates for the use of substances with strict occupational hygiene requirements:

I. OBJECTS AND SCOPE OF APPLICATION

This Circular applies to enterprises, agencies, organizations, collectives, individuals (referred to as facilities) below that use, store, transport, produce, or trade (collectively referred to as use) substances with strict occupational hygiene requirements listed in the directory prescribed by the Ministry of Health which must implement declaration, registration, and application for issuance of certificates for use with the State Sanitary Inspection Agency under the Ministry of Health or the Department of Health of provinces and centrally governed cities:

- State-owned enterprises;

- Enterprises belonging to other economic sectors, cooperatives, production groups, individual organizations;

- Foreign-invested enterprises, enterprises in export processing zones, industrial parks;

- Foreign agencies, international organizations stationed in Vietnam;

- Public service units, armed forces, other political and social organizations.

II. CONCEPTS AND OBJECTIVES OF MANAGEMENT FOR SUBSTANCES WITH STRICT OCCUPATIONAL HYGIENE REQUIREMENTS

1. Concept of substances with strict occupational hygiene requirements: These are harmful and dangerous substances during contact that can cause chronic poisoning, acute poisoning leading to death, cancer, genetic mutations, harm reproductive processes, and cause occupational diseases to workers. The list of substances with strict occupational hygiene requirements is specified in Appendix 1 attached to this Circular. This list will be supplemented when necessary. Permissible standards for these substances in the workplace environment are according to the regulations of the Ministry of Health.

2. Objectives of managing these substances aim to prevent immediate and long-term chemical accidents, disasters, protect worker health, protect the environment, and public health.

3. These substances must be declared, registered, and inspected periodically and unexpectedly; they must be used, stored, kept, and transported according to occupational safety and hygiene regulations. During production and use, facilities must have optimal plans to prevent and handle incidents.

III. DECLARATION, REGISTRATION, AND ISSUANCE OF CERTIFICATES FOR THE USE OF SUBSTANCES WITH STRICT OCCUPATIONAL HYGIENE REQUIREMENTS

1. Declaration of substances with strict occupational hygiene requirements.

a/ Declaration is the reporting of substances with strict occupational hygiene requirements to the State Sanitary Inspection Agency under the National Sanitation Inspection Agency of the Ministry of Health or the Department of Health of provinces and centrally governed cities (referred to as the State Sanitation Inspection Agency of the Ministry of Health or the Provincial Department of Health).

b/ Substances subject to declaration: These are substances with strict occupational hygiene requirements introduced into use and generated during production, storage, keeping, and transportation, listed in Appendix 1 attached to this Circular. These substances must be declared regarding quantity, concentration, and purpose of use (Appendix 2).

c/ Declaration procedures: Facilities must declare substances listed in the directory of substances with strict occupational hygiene requirements types I and II to the Provincial Department of Health.

Provincial Departments of Health must report substances listed in the directory of substances with strict occupational hygiene requirements type I to the State Sanitation Inspection Agency of the Ministry of Health.

2. Registration and issuance of certificates for the use of substances with strict occupational hygiene requirements.

2.1. Registration and application for issuance of certificates for the use of substances with strict occupational hygiene requirements (referred to as certificates) is a mandatory administrative procedure for facilities using substances listed in this Circular.

2.2. Provincial Departments of Health organize registration and issuance of certificates for the use of substances with strict occupational hygiene requirements types I and II listed in the directory attached to this Circular.

2.3. Procedures for issuing certificates for the first time are as follows:

Facilities submit registration files and applications for certificates to the Provincial Department of Health where they previously submitted declarations on substances with strict occupational hygiene requirements. The registration file and application for certificates include:

- Application for registration and certificate issuance sent to the Provincial Department of Health (Appendix 3).

- Summary of substance history for which certificates are requested (Appendix 4).

- Results of assessment of substances with strict occupational hygiene requirements issued by authorized agencies (Appendix 7).

Within thirty days from the date of receipt of complete registration files and applications for certificates, Provincial Departments of Health examine and issue certificates (according to the model in Appendix 8) to facilities requesting them. Certificates are valid for thirty-six months.

In cases where conditions for issuing certificates are not met, Provincial Departments of Health must notify the facility in writing within ten days specifying the reasons for rectification.

2.4. Extension of certificates:

One month before the expiration of the certificate, facilities submit extension application files to the Provincial Department of Health that issued the most recent certificate. The extension application file includes:

- Application for certificate extension (Appendix 5).

- Most recently issued certificate.

- Results of assessment of substances with strict occupational hygiene requirements issued by authorized agencies (Appendix 7).

2.5. Reissuance of certificates for the use of substances with strict occupational hygiene requirements.

a/ Reissuance of certificates applies to the following cases:

- After changing the concentration of substances being used, introducing new substances, changing technological processes, changing locations, or renovating workshops and warehouses.

- After having the certificate revoked.

b/ The entity requesting to reissue the certificate shall submit the application file to the Health Inspection Department of the Provincial/Municipal Health Service that originally received the declaration of substances with strict hygiene requirements from the entity. The application file for reissuing the certificate includes:

- Application for issuance of the certificate (Annex 3).

- The most recently issued certificate.

- Summary of the history of substances for which the certificate is requested (Annex 4).

- Results of the assessment of substances with strict hygiene requirements (Annex 7).

c/ The procedure for reissuing the certificate shall be carried out according to the provisions at point 2.3, section 2 of this Circular.

2.6. During the period of permission to use substances with strict hygiene requirements, entities must annually conduct workplace environmental assessments, regular health check-ups, and occupational disease screenings for workers in accordance with current laws. Entities that fail to comply with the provisions set forth in this Circular will have their usage certificates revoked.

During the period of consideration for issuing the certificate, entities must implement recommendations made by the assessment authority concerning direct workers and the surrounding community. If the risk factors affecting worker and community health cannot be mitigated, the Health Inspection Department of the Provincial/Municipal Health Service must report to the competent authority to temporarily suspend operations and inform the entity that its application for certification will not be considered.

3. Assessment of substances with strict hygiene requirements.

a/ Authorities responsible for assessing substances with strict hygiene requirements include:

- Centers for Preventive Medicine or Occupational Health in provinces/cities directly under the Central Government.

- Institutes belonging to the Preventive Medicine system of the Ministry of Health.

- Occupational Health Centers of Ministries, sectors, and other units approved by the Ministry of Health. For these units, mandatory cooperation with Centers for Preventive Medicine or Occupational Health Centers in provinces/cities directly under the Central Government is required when conducting assessments.

b/ In cases of complaints about the assessment results, regional institutes within the Preventive Medicine system of the Ministry of Health will reassess; if there are still complaints about the reassessment results, the final result will be determined by the Institute of Occupational Health and Environmental Hygiene under the Ministry of Health.

c/ The application file for assessment includes:

- Application for assessment of substances with strict hygiene requirements (Annex 6), submitted to one of the authorities mentioned above in point a.

- Summary of the history of substances for assessment (Annex 4).

- Results of pre-employment and periodic health examinations for workers.

- Certificate (or training contract) issued by provincial/municipal Centers for Preventive Medicine certifying that workers have been trained on safe use and hygiene practices for chemicals.

- Workplace hygiene files and the latest 12 months' environmental monitoring results.

d/ Assessment deadline: Within 30 days from the date of receipt of the complete application file, the authorized authorities must complete the assessment and provide the assessment results to the entity (Annex 7).

e/ All costs associated with the assessment and issuance of certificates shall be implemented according to current state regulations.

4. Revocation of certificates for using substances with strict hygiene requirements.

The revocation of certificates shall apply in the following cases:

a/ The entity fails to comply with all regulations, posing a risk to worker and community health.

b/ There is a risk of an incident occurring.

c/ Declarations and registrations of substances do not match those on the issued certificate.

Authorities permitted to revoke usage certificates for substances with strict hygiene requirements are the People's Committees of provinces/cities directly under the Central Government, the Health Inspection Departments of provinces/cities directly under the Central Government, and the Health Inspection Department of the Ministry of Health.

Entities using substances with strict hygiene requirements that cause incidents resulting in loss of life or property damage must bear responsibility according to the law.

IV. IMPLEMENTATION

1. The People's Committees of provinces/cities directly under the Central Government and Ministries/sectors are responsible for directing entities under their jurisdiction to declare, register, and apply for certificates in accordance with the provisions of this Circular.

2. The Health Inspection Department of the Ministry of Health and the Preventive Medicine Department are responsible for:

a/ Organizing guidance on declaring, registering, and issuing certificates according to the authority granted in this Circular.

b/ Regularly compiling reports to the leadership of the Ministry of Health on the situation of declarations, registrations, and issuance of certificates nationwide.

3. Provincial/Municipal Health Services are responsible for directing the Health Inspection Departments and Centers for Preventive Medicine in provinces/cities directly under the Central Government to:

a/ Implement declarations, registrations, assessments, and issuance of certificates according to the authority granted in this Circular.

b/ Guide, urge, and inspect declarations, registrations, and issuance of certificates for entities in their local areas.

c/ Report every six months before July 15th and annually before January 15th of the following year to the Ministry of Health (Health Inspection Department and Preventive Medicine Department) on the situation of declarations, registrations, and issuance of certificates in their local areas (Annex 9).

4. Entities using substances with strict hygiene requirements must comply with all provisions of this Circular.

This Circular takes effect 15 days from the date of signature. Any difficulties encountered during implementation should be reported by Provincial/Municipal Health Services to the Ministry of Health (Health Inspection Department and Preventive Medicine Department) for research and resolution.