Circular No. 07/2013/TT-BCT on registration for the use of hazardous chemicals in the production of products and goods in the industrial sector.

 

CIRCULAR

Regulations on Registration for the Use of Hazardous Chemicals to Produce Products and Goods in the Industrial Sector

THE MINISTER OF INDUSTRY AND TRADE

The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.

Pursuant to Decree No. 108/2008/NĐ-CP dated October 7, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Chemicals; Decree No. 26/2011/NĐ-CP dated April 8, 2011 of the Government amending and supplementing certain articles of Decree No. 108/2008/NĐ-CP;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade promulgates regulations on registration for the use of hazardous chemicals to produce products and goods in the industrial sector.

PART I
GENERAL PROVISIONS

Article 1. Scope and Applicability

Article 1. This Circular stipulates the registration for the use of hazardous chemicals (hereinafter referred to as "registration for use") by organizations and individuals to produce products and goods in the industrial sector.

Article 2. This Circular does not apply to hazardous chemicals contained in products and goods that have been produced before this Circular takes effect.

Article 2. Interpretation of Terms

Use of hazardous chemicals means the process of using hazardous chemicals in industrial production to create specific products and goods.

Article 3. List of Hazardous Chemicals

Hazardous chemicals subject to registration for use include those specified in Appendix 1 attached hereto.

Article 4. Use of Hazardous Chemicals

Organizations and individuals using hazardous chemicals to produce products and goods must comply with regulations concerning rights and obligations; storage and preservation of hazardous chemicals as prescribed by the Law on Chemicals.

Chapter II
REGISTRATION, REPORTING AND INSPECTION OF THE USE OF HAZARDOUS CHEMICALS

REGISTRATION FOR USE

Section 1
Article 5. Form of Registration for Use

Organizations and individuals using hazardous chemicals shall implement registration for use in writing with the Department of Industry and Trade within their jurisdiction area at least 15 (fifteen) working days prior to commencing use. The form of registration for use is prescribed in Appendix 2 attached hereto.

Article 6. Re-registration

Organizations and individuals must re-register the use of hazardous chemicals with the Department of Industry and Trade within their jurisdiction area within 15 (fifteen) working days after transferring ownership, changing location of operation, or changing purpose of use. The form of registration is prescribed in Appendix 2 attached hereto.

REPORTING ON THE USE OF HAZARDOUS CHEMICALS

Section 2
Article 7. Reporting by Organizations and Individuals

Periodically, organizations and individuals using hazardous chemicals must report on the situation of chemical use based on the registered content to the Department of Industry and Trade within their jurisdiction area before June 10 for the six-month report; before December 10 for the annual report. The content of the report is prescribed in Appendix 3 attached hereto.

Article 8. Reporting by Departments of Industry and Trade

Periodically, Departments of Industry and Trade must report on the situation of hazardous chemical use under their jurisdiction to the Ministry of Industry and Trade (Chemical Administration) before July 10 for the six-month report; before January 10 for the annual report. The content of the report is prescribed in Appendix 4 attached hereto.

Article 9. Confidentiality and Use of Confidential Information in Reports

Clause 1. The agency receiving reports as stipulated in Articles 7 and 8 of this Circular shall be responsible for confidentiality and the use of confidential information in the reports of organizations and individuals according to Article 50, Article 51 of the Law on Chemicals and Clause 1 of Article 19 of Decree No. 108/2008/NĐ-CP dated October 7, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Chemicals; Article 43 of Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Ministry of Industry and Trade detailing certain provisions of the Law on Chemicals and Decree No. 108/2008/NĐ-CP.

Clause 2. Important information aimed at protecting public health and the environment shall not be considered confidential information as provided for in Clause 2 of Article 19 of Decree No. 108/2008/NĐ-CP.

INSPECTION OF THE USE OF HAZARDOUS CHEMICALS

Section 3
CHECK ON THE USE OF DANGEROUS CHEMICALS

Article 10. Cases for Surprise Inspections

1. Organizations and individuals who have not registered to use hazardous chemicals as prescribed in Article 5 of this Circular.

2. Organizations and individuals who have not re-registered their use of hazardous chemicals as prescribed in Article 6 of this Circular.

3. Organizations and individuals using hazardous chemicals not in accordance with the purposes registered.

4. Organizations and individuals who have not reported on the use of hazardous chemicals as prescribed at Point a Clause 2 Article 12 of this Circular within twenty (20) days from the date of receipt of the report request document issued by the Department of Industry and Trade.

5. Through its management work, the competent state agency discovers information and documents indicating violations of the provisions of this Circular.

Article 11. Inspection Authority

1. The Department of Industry and Trade shall be responsible for inspecting the registration and reporting on the use of hazardous chemicals by organizations and individuals under its jurisdiction as prescribed in Article 10 of this Circular.

2. During the inspection process, the inspection agency must:

a) Issue an inspection decision by the head of the inspection agency;

b) Ensure objectivity, transparency, and fairness in inspections;

c) Be responsible for the results of the inspection and related conclusions.

Chapter III
IMPLEMENTING PROVISIONS

Article 12. Responsibilities of Competent Authorities

1. Chemical Department

a) Take the lead in coordinating with the Department of Industry and Trade to guide and disseminate the implementation of this Circular;

b) Compile the situation of registration for the use of hazardous chemicals in the industrial sector of localities;

c) Take the lead in coordinating with relevant agencies to review and submit to the Ministry's leadership for amendments and supplements to the List of Hazardous Chemicals specified in Appendix 1 of this Circular in line with practical circumstances and international regulations.

2. The Department of Industry and Trade

a) Send a document requesting organizations and individuals using hazardous chemicals to comply with the reporting system as prescribed in Article 7 of this Circular. Compile the situation of registration for the use of hazardous chemicals in the industrial sector of organizations and individuals under its jurisdiction;

b) Report to the Ministry of Industry and Trade (Chemical Administration): The situation of registration for the use of hazardous chemicals under its jurisdiction; the results of inspections on the use of hazardous chemicals as prescribed in Article 10 of this Circular.

Article 13. Responsibilities of Organizations and Individuals

Organizations and individuals using hazardous chemicals are responsible for registration, purpose of use, and compliance with this Circular. In case of violation of the provisions of this Circular, administrative offenses in chemical activities will be punished according to the law.

Article 14. Effective Date

1. This Circular takes effect from January 1, 2014.

2. During the implementation process, if there are emerging issues or difficulties, organizations and individuals should promptly reflect them to the Ministry of Industry and Trade for consideration and appropriate amendments and supplements.