Circular No. 12/2006/TT-BCN guiding the implementation of Decree No. 68/2005/NĐ-CP dated May 20, 2005 of the Government on chemical safety

CIRCULAR

Guidelines for Implementing Decree No. 68/2005/NĐ-CP

dated May 20, 2005 of the Government on chemical safety.

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Pursuant to Decree No. 55/2003/NĐ-CP of the Government dated May 28, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 68/2005/NĐ-CP of the Government dated May 20, 2005 on chemical safety.

The Ministry of Industry issues guidelines for implementing certain provisions of Decree No. 68/2005/NĐ-CP of the Government dated May 20, 2005 on chemical safety (hereinafter referred to as Decree No. 68/2005/NĐ-CP) as follows:

A. GENERAL PROVISIONS

I. Scope and Applicability

1. These Circular guides activities related to chemical safety management including: hazardous chemical declaration; new chemical assessment; chemical safety data sheets; classification and labeling of chemicals; emergency prevention and response plans for chemical accidents; safe distance and chemical safety reporting.

2. These Circular applies to organizations and individuals engaged in hazardous chemical activities as prescribed in Decree No. 68/2005/NĐ-CP, except for the following chemicals:

a) Chemicals specified in Clause 2, Article 1 of Decree No. 68/2005/NĐ-CP;

b) Chemicals for security and defense purposes;

c) Products, medicines, chemicals, biological preparations for medical treatment, animal husbandry, pest control, and disinfection in household, health, aquaculture, and agricultural sectors;

d) Natural chemicals that have not been processed or treated;

đ) Metals, alloys, glass, ceramics used in construction, household, or mechanical processing;

e) Substances generated unintentionally during chemical production, storage, transportation, and use;

g) Intermediate chemicals formed during production and not present at the end of production;

h) Polymer products or polymer compounds containing new chemicals or hazardous chemicals at a concentration less than 2% by weight.

II. Definitions

In this Circular, the following terms are understood as follows:

1. "List of Foreign Chemicals" means a list of chemicals permitted for circulation in member countries of the European Union (EU) or member countries of the Organisation for Economic Co-operation and Development (OECD), issued by the competent authority of those countries.

2. "Hazardous Chemical Declaration" means the procedure that organizations and individuals engaged in chemical activities must follow when conducting activities related to hazardous chemicals as prescribed in Part B of these Circular.

3. “Safe Distance" means the distance measured from the center of equipment producing or storing hazardous chemicals to any location or site as prescribed in Clause 1, Article 12 of Decree No. 68/2005/NĐ-CP of the Government on Chemical Safety, such that at that location, the concentration of hazardous chemicals due to fire or explosion spreading from the equipment in case of an accident is lower than the threshold quantity defined in Clause 1, Section I, Part G of these Circular.

4. IUPAC stands for the International Union of Pure and Applied Chemistry.

5. “CAS Number" of a chemical is a unique series of digits assigned to each chemical according to the rules of the Chemical Abstracts Service (CAS).

6. “OECD” stands for the Organisation for Economic Co-operation and Development.

7. “Chemical Safety Data Sheet" is a document compiled in accordance with Part D of these Circular. The common English name for the Chemical Safety Data Sheet is Material Safety Data Sheet (MSDS) send a text message Safety Data Sheets (SDS).

III. Classification of Hazardous Chemicals

1. Based on the hazardous characteristics of hazardous chemicals, they are classified into the following types:

a) Explosive;

b) Strong Oxidizing Agent;

c) Strong Corrosive;

d) Flammable;

đ) Acute Toxicity;

e) Chronic Toxicity;

g) Irritant to Humans;

h) Carcinogenic or Potentially Carcinogenic;

i) Mutagenic;

k) Toxic to Reproduction;

l) Bioaccumulative;

m) Persistent Organic Pollutant;

n) Harmful to the Environment.

Criteria for classifying hazardous chemicals, hazard indicators, and danger symbols are specified in Appendix 1 of these Circular.

2. All chemicals appearing in chemical activities as prescribed in these Circular must be classified. Chemicals having at least one of the hazardous characteristics specified in Clause 1 of this section must be classified as hazardous chemicals.

3. Organizations and individuals producing or importing chemicals are responsible for collecting and establishing information about the physical and chemical properties as well as harmful effects of chemicals and conducting classification before production or importation.

4. Classification of chemicals must be based on scientific evidence or results from one of the following legitimate sources of information:

a) Test result reports or chemical evaluation reports of organizations designated by the Ministry of Industry or foreign testing organizations recognized by the competent authority of the country where the organization has its headquarters;

b) Evidence clearly indicating that produced or imported chemicals have been classified according to the classification method or the list of hazardous chemicals of EU member countries or OECD member countries.

5. In cases where there are differences in evidence or evaluation results from different legitimate sources of information, evidence or results indicating higher levels of chemical hazards will be used for classification.

6. In cases where new evidence or test results show that classified chemicals exhibit a different level of hazard than initially classified, organizations and individuals producing or importing chemicals are responsible for revising the classification of hazardous chemicals.

7. Organizations and individuals producing or importing chemicals are responsible for the classification information provided. They must compensate users for damages resulting from accidents or incidents caused by inaccurate or outdated classification information provided due to the supplier's fault.

Advertising services (CPC 871, except advertising tobacco products). DECLARATION OF HAZARDOUS CHEMICALS

I. Responsibility for Declaring Hazardous Chemicals

1. By January 1st of each year, organizations and individuals engaged in hazardous chemical activities with limited quantities as specified in Appendix 9 of these Circular must submit a written declaration to the receiving agency as prescribed in Clause 1, Section II of this part.

2. Except for chemicals listed in the prohibited trade directory and substances that have the potential to cause cancer, organizations and individuals engaged in chemical activities for research and development purposes with hazardous chemical quantities less than 10 kilograms within one year are exempted from the declaration procedures stipulated in Section II of this Part.

II. Hazardous Chemical Declaration Procedures

1. Receiving Authority:

The Provincial Industry Department (hereinafter referred to as the Industry Department) receives declaration files from organizations and individuals producing and using hazardous chemicals as specified in Clause 1, Section I of this Part within its jurisdiction.

The Machinery, Metallurgy, and Chemicals Department receives declaration files from organizations and individuals importing hazardous chemicals as specified in Clause 1, Section I of this Part.

2. Declaration Files

Organizations and individuals making declarations prepare two sets of files including the following documents:

a) A Vietnamese safety data sheet (SDS) and the original version or English version of the SDS of the chemical to be declared. In cases where the chemical has been previously declared, organizations and individuals engaged in hazardous chemical activities do not need to resubmit the SDS but instead provide a confirmation of the most recent declaration.

b) A hazardous chemical declaration form signed by the head of the chemical activity facility and according to the model prescribed in Appendix 2 of this Circular.

III. Management of Hazardous Chemical Declarations

1. Organizations and individuals engaged in hazardous chemical activities must retain declaration files and related documentation regarding chemical classification and report promptly in cases of chemical accidents. Upon ceasing hazardous chemical activities, they must notify the receiving authority.

2. The Industry Department maintains a record of declarations and compiles the situation and results of hazardous chemical declarations in their locality, reporting annually to the Ministry of Industry in March.

3. Organizations and individuals who have registered chemicals according to Decision No. 136/2004/QĐ-BCN dated November 19, 2004 of the Ministry of Industry are exempt from declaring in the first year after this Circular takes effect.

C. EVALUATION OF NEW CHEMICALS

I. Evaluation of New Chemicals

1. The evaluation of new chemicals is conducted at scientific organizations specializing in chemistry, medicine, and environmental toxicology with sufficient professional capacity designated by the Ministry of Industry.

2. The Ministry of Industry recognizes the testing and evaluation results of new chemicals by organizations designated for chemical evaluations in OECD member countries.

3. The outcome of the evaluation process is comprehensive information about the characteristics of the chemical, information for developing a safety data sheet for new hazardous chemicals, as detailed in Part C of this Circular.

4. Exemptions from chemical evaluation apply in the following cases:

a) Production and import of new chemicals for research and scientific purposes with quantities less than 10 kilograms within one year.

b) Import of samples of new chemicals for chemical evaluation purposes as required by the organization receiving the evaluation declaration file (hereinafter referred to as the chemical evaluation agency).

5. Costs for the evaluation and classification process are borne by the entity engaged in new chemical activities.

II. Procedure for Registering New Chemical Evaluations

1. Organizations and individuals producing and importing new chemicals prepare three sets of new chemical evaluation files to submit to the Ministry of Industry for review and approval. The new chemical evaluation file includes:

a) A summary of the new chemical evaluation report by the organization or individual producing the chemical. The content of the report is specified in Appendix 4 of this Circular.

b) A valid copy of the original documents including test certificates or records of physical and hazardous characteristics performed by a legitimate testing organization as specified in Clause 1 and Clause 2, Section I of this Part.

2. For new chemicals listed in at least two foreign chemical directories, organizations and individuals producing and importing new chemicals only need to prepare a summary of the new chemical evaluation report along with the CAS number of the new chemical in the two directories mentioned above.

3. Organizations and individuals importing new chemicals must submit the relevant files and documents as specified in Clause 1, Section II of this Part to the Ministry of Industry at least sixty days before the importation.

III. Review and Approval of New Chemical Evaluation Reports

1. The Science and Technology Department is the authority responsible for receiving files and reviewing new chemical evaluation reports to be approved by the Minister of Industry.

2. Within five working days from the date of receipt of the file, the Science and Technology Department notifies the organization or individual producing or importing new chemicals about the validity of the file. If the file is incomplete, the receiving authority issues a written request for corrections and supplements within a suitable period.

3. Within fifteen days from the date of acceptance of the file, the Science and Technology Department conducts a review, determines the level of hazard of the new chemical, and submits it to the Minister of Industry for decision, specifically:

a) In cases requiring additional evaluation of certain contents of the report or testing some or all characteristics of the new chemical, the Science and Technology Department informs the organization or individual producing or importing the new chemical in writing and requests a completion deadline. The time taken to supplement the file does not count towards the review period of the new chemical evaluation report.

b) In cases where the organization or individual producing or importing the new chemical fails to meet the review requirements and exceeds the specified deadline, the Science and Technology Department informs the organization or individual producing or importing the new chemical in writing.

c) During the review of the new chemical evaluation report, if a high-risk characteristic of the new chemical is discovered, necessitating prohibition under the law, the Science and Technology Department submits a decision to the Minister of Industry not to allow the production or importation of the new chemical into Vietnam and informs the organization or individual producing or importing the new chemical accordingly; simultaneously, procedures are initiated to include the chemical in the list of prohibited chemicals.

d) In the case where the evaluation results of new chemicals show that such new chemicals do not have particularly hazardous or toxic characteristics, the Science and Technology Department shall submit to the Minister of Industry for a decision to permit the production and importation of new chemicals into Vietnam and specify the conditions that must be adhered to when carrying out activities related to new chemicals.

đ) In the event that organizations or individuals voluntarily withdraw their application for the evaluation of new chemicals after submitting the report on the evaluation of new chemicals, the review process will immediately terminate upon notification from the organization or individual producing or importing the new chemicals.

3. Fees for reviewing the report on the evaluation of new chemicals

a) Organizations or individuals engaged in the production or importation of new chemicals must pay the fee for reviewing the report on the evaluation of new chemicals. The review fee does not include costs for testing the characteristics of new chemicals.

b) The level of the review fee, collection, payment, and management and use of the review fee shall follow the guidelines of the Ministry of Finance.

IV. Management and Supervision of New Chemicals

1. Organizations and individuals engaged in new chemical activities shall be responsible for implementing the following provisions:

a) Within five years from the date of the decision allowing production and importation of new chemicals, organizations and individuals involved in new chemical activities must establish and maintain a monitoring system, keep records of observations regarding impacts, accidents, and incidents related to new chemicals, and compile and report to the Ministry of Industry annually.

b) In the event that new chemicals exhibit hazardous characteristics not previously evaluated, organizations and individuals engaged in new chemical activities must promptly report to the chemical evaluation agency to conduct additional evaluations and apply corresponding conditions based on the results of such additional evaluations.

2. After five years from the date of commencement of operations, if new chemicals do not generate significant impacts or impacts with a different level of hazard than the initial evaluation conclusion, new chemicals may be added to the list of chemicals.

2. The Ministry of Industry shall organize inspections and supervision of compliance with regulations on operating conditions for new chemicals; handle according to the law or organize additional evaluations when there is evidence showing that new chemicals have significant impacts different from the initial evaluation conclusion; notify customs authorities of the evaluation results after completing the review and evaluation of new chemicals.

D. CHEMICAL SAFETY DATA SHEET

I. Development and Transfer of Chemical Safety Data Sheets

1. All chemicals classified as hazardous chemicals must develop a chemical safety data sheet.

2. Mixtures containing hazardous chemicals at concentrations of 0.1% or more for carcinogens and substances with reproductive toxicity; and 1% or more for other organ-specific toxins must develop a chemical safety data sheet.

3. Organizations and individuals engaged in the production, importation, and sale of hazardous chemicals must develop and transfer free of charge the chemical safety data sheet to the receiving organization or individual at the time of the first delivery of hazardous chemicals and whenever there is a modification to the contents of the chemical safety data sheet.

4. In cases where scientific evidence shows a change in the hazardous characteristics of chemicals, organizations and individuals engaged in hazardous chemical activities must revise and supplement the chemical safety data sheet within three months from the date of receipt of new information. The revised chemical safety data sheet must be provided immediately to all relevant organizations and individuals. The date of revision and the modified content must be clearly marked to alert users of the chemical safety data sheet.

5. The following situations do not require the transfer of a chemical safety data sheet:

a) Hazardous chemicals existing in sealed form within equipment or consumer products;

b) Hazardous chemicals sold in small quantities less than 0.1 kilograms and contained in sealed packaging with clear hazard labels;

c) Mixtures containing hazardous chemicals sold in small quantities less than 10 kilograms and contained in sealed packaging with clear hazard labels.

6. Retention and Dissemination of Information on Chemical Safety Data Sheets

a) Organizations and individuals engaged in chemical activities must retain the chemical safety data sheet for all hazardous chemicals present in their facilities and provide it upon request.

b) Ensure that all parties involved with hazardous chemicals can access and understand the information contained in the chemical safety data sheets of those hazardous chemicals.

II. Form and Content of Chemical Safety Data Sheets

1. The chemical safety data sheet must be presented in Vietnamese and in the original language of the manufacturer in printed form, except in cases where the parties involved in the transfer of hazardous chemicals agree to transfer the chemical safety data sheet in electronic format.

2. If the chemical safety data sheet consists of multiple pages, each page must be numbered consecutively from the first to the last page. Each page number must include the page sequence number and the total number of pages in the entire chemical safety data sheet.

3. The chemical safety data sheet must include the following information:

a) Name of the chemical, origin, place of manufacture;

b) Composition, chemical formula;

c) Physical and chemical properties, toxicity;

d) Stability and reactivity;

đ) Degree of hazard;

e) Health risk level;

g) Environmental risk level;

h) Effects on humans and requirements for personal protective equipment;

i) First aid measures when necessary;

k) Firefighting measures;

l) Risk prevention measures for chemicals, accident prevention;

m) Storage measures;

n) Waste management measures;

o) Requirements for transportation;

p) Technical Regulations and legal requirements to be followed;

q) Other necessary information.

The model of the chemical safety data sheet and detailed instructions are specified in Appendix 5 of this Circular.

D. LABELING OF CHEMICALS

For hazardous chemicals, in addition to the general labeling information prescribed for goods under Decree No. 89/2006/NĐ-CP dated September 30, 2006 of the Government, the following information must be supplemented:

1. Hazard classification symbols according to the criteria set forth in Appendix 1 of this Circular. The size of the hazard symbol presentation can be arranged according to the product package size but must not be smaller than 1.5 x 1.5 cm.

2. Warning phrases indicating hazardous characteristics as specified in Appendix 1 of this Circular must be displayed in Vietnamese with a size sufficient for users to read them with the naked eye.

E.  CONSTRUCTION PREVENTION PLAN,

REMEDIAL ACTIONS FOR CHEMICAL INCIDENTS

IN PROJECTS WITH CHEMICAL ACTIVITIES

I. Development of Prevention Plan and Remedial Actions for Chemical Incidents

1. Organizations and individuals producing, using, or storing dangerous chemicals in quantities exceeding the thresholds specified in Appendix 6 of this Circular shall establish a prevention plan and remedial actions for chemical incidents.

2. The prevention plan and remedial actions for chemical incidents must be prepared in three (03) sets of files and submitted to the competent authority as stipulated in Clause 1, Section III of this Part. The prevention plan and remedial actions for chemical incidents must be submitted concurrently with the basic design of the investment project in accordance with the laws on investment management and construction.

3. Production facilities, using, or storing dangerous chemicals that were operational before the effective date of this Circular must develop and submit the prevention plan and remedial actions for chemical incidents to the competent authority for approval before October 1, 2007.

II. Contents of the Prevention Plan and Remedial Actions for Chemical Incidents

1. The basic requirements for the prevention plan and remedial actions for chemical incidents are specified in Appendix 7 of this Circular.

2. Facilities handling dangerous chemicals may develop their own prevention plan and remedial actions for chemical incidents or hire consulting units to prepare such plans.

III. Approval of the Prevention Plan and Remedial Actions for Chemical Incidents

1. Approving Authority:

a) The Ministry of Industry approves the prevention plan and remedial actions for chemical incidents for projects in Group A and production and storage projects for extremely toxic, carcinogenic, mutagenic, and reproductive-toxic chemicals.

b) The Department of Industry approves the prevention plan and remedial actions for chemical incidents for projects in Groups B and C and production and storage projects for other dangerous chemicals.

2. Documents for Requesting Approval of the Prevention Plan and Remedial Actions for Chemical Incidents:

a) A request letter from the investor of the production and storage project for dangerous chemicals.

b) Detailed contents of the prevention plan and remedial actions for chemical incidents as prescribed in Appendix 7 of this Circular and accompanying documents (if any).

3. Approval Procedure

a) Within ten working days from the date of receipt of complete documents, the receiving agency must review and notify in writing the organization or individual with the investment project for production and storage of dangerous chemicals about the status of the documents being valid for review or not valid along with the requirements for correction, supplementation, and deadlines for completion.

b) Valid documents must be evaluated and reviewed no later than thirty working days from the date the receiving agency completes the preliminary review of the documents.

c) Within fifteen working days from the date of the evaluation conclusion, the receiving agency is responsible for:

- Submitting the plan for approval by the competent authority if the prevention plan and remedial actions for chemical incidents comply with the provisions of this Circular;

- Notifying the organization or individual with the investment project of non-approval of the prevention plan and remedial actions for chemical incidents, specifying the reasons for non-approval. In this case, the organization or individual with the investment project must redevelop the prevention plan and remedial actions and resubmit for approval according to the initial procedure.

4. Review Fee for the Prevention Plan and Remedial Actions for Dangerous Chemicals

a) Organizations and individuals with projects involving dangerous chemicals must pay the review fee for the prevention plan and remedial actions for dangerous chemicals.

b) The level of the review fee, collection, payment, and management and use of the review fee shall follow the guidelines of the Ministry of Finance.

IV. Management of the Prevention Plan and Remedial Actions for Chemical Incidents

1. During the implementation of projects involving dangerous chemicals, the investor must ensure compliance with the requirements set forth in the decision approving the prevention plan and remedial actions for chemical incidents.

2. If there are changes during the investment and construction process that alter the approved safety requirements, the investor must report to the approving agency for consideration and decision.

3. The prevention plan and remedial actions for chemical incidents must be stored at the production and storage facility and serve as the basis for developing the safety management plan for chemical activities.

G.  SAFE DISTANCE OF CHEMICAL FACILITIES FROM RESIDENTIAL AREAS AND PUBLIC PLACES

REGARDING  RESIDENTIAL AREAS AND PUBLIC PLACES

I. Determination of Safe Distance

1. Organizations and individuals with facilities producing or storing dangerous chemicals as specified in Appendix 6 of this Circular must determine the safe distance so that at the protected location, the hazardous factors are below the threshold quantity.

a) For dangerous chemicals released in the form of toxic vapor or gas or forming toxic vapor or gas, the threshold quantity is the concentration of the toxic substance in the air (milligram/cubic meter) at which exposure for sixty minutes does not cause irreversible harm or damage requiring corresponding protective measures or actions.³) where persons exposed for up to 60 minutes are not affected to a degree that would require the use of corresponding protective equipment or actions.

b) For dangerous chemicals released in the form of flammable or explosive vapor or gas or forming flammable or explosive vapor or gas, the threshold quantity is the amount of flammable or explosive substance in the air expressed as a percentage of volume or milligrams per liter, lower than the lower limit of the flammability concentration or the lower explosive limit.

c) For shock waves spreading from an explosion of dangerous chemicals, the threshold quantity is the increase in air pressure caused by the spread of the shock wave equal to 6.9 kPa.

2. The determination of the safe distance must be based on specific meteorological and hydrological conditions, topography, and the technological conditions of the production and storage processes of dangerous chemicals.

3. For chemicals that are both flammable and explosive and toxic, the safe distance in the event of an incident is determined separately for each hazardous characteristic and the largest value is applied.

4. In facilities with multiple types of dangerous chemicals, the safe distance is determined separately for each type of chemical and the largest safe distance is applied.

5. In a facility with multiple production and storage equipment containing hazardous chemicals located at different positions, the safe distance is determined separately for each piece of production and storage equipment; the general safe distance applicable to the entire cluster of equipment must include the individual safe distances of each hazardous chemical production and storage equipment.

II. Models and Methods for Determining Safe Distances

The determination of safe distances is based on current technical standards or the application of models and methods for predicting safe distances issued by competent authorities of EU member states or OECD member countries.

III. Modification of Safe Distances

Safe distances must be adjusted appropriately in the following cases:

1. A facility producing or storing hazardous chemicals experiences changes in technology, production volume, storage volume, or any other changes leading to alterations in safe distances.

2. Statistical data on hazardous chemical incidents over the past five years shows significant discrepancies between predicted and actual safe distances.

3. If the safe distance from the location of the equipment to the protected position or site does not meet the permitted threshold quantity requirements, the facility producing or storing hazardous chemicals must implement measures to ensure compliance with the prescribed safe distance, specifically:

a) Reducing the production and storage volume of hazardous chemicals;

b) Supplementing protective measures or using means to mitigate the release of hazardous chemicals;

c) Modifying production and storage conditions of hazardous chemicals to achieve results that reduce production and storage volumes, pressure, and temperature.

IV. Retention of Documents Related to Safe Distances

Documentation regarding the determination of safe distances must be stored at facilities producing or storing hazardous chemicals.

Organizations and individuals engaged in the production and storage of hazardous chemicals have the responsibility to report on safe distances to the competent authority as stipulated in Clause 3, Article 12 of Decree No. 68/2005/NĐ-CP.

H. SAFETY REPORT ON CHEMICALS

1. Annually, organizations and individuals involved in hazardous chemicals as specified in Appendix 6 of this Circular are responsible for reporting on the safety situation of chemicals to the Department of Industry where the facility is located. The report format is specified in Appendix 8 of this Circular.

2. The Department of Industry is responsible for compiling the safety report on chemicals and submitting it to the Ministry of Industry before March 30 each year.

I. IMPLEMENTATION PROVISIONS

I. Implementation Organization

1. The Science and Technology Department shall take the lead and coordinate with units under the Ministry to perform the following tasks:

a) Organizing the receipt of files, guiding enterprises to comply with regulations on declaration, evaluation of new chemicals; reviewing and submitting to the Minister of Industry for approval of decisions allowing new chemicals to circulate in the market;

b) Drafting and submitting to the Minister of Industry for amendment and supplementation of the List of chemicals in Appendix 6 and Appendix 9 of this Circular.

2. The Machinery, Metallurgy and Chemicals Department shall take the lead and coordinate with units under the Ministry to perform the following tasks:

a) Organizing guidance, receiving files, reviewing and submitting for approval plans to prevent and mitigate chemical accidents;

b) Organizing the receipt of files for declaration of hazardous chemicals as stipulated in Clause 1, Section II, Part B of this Circular.

3. The Industrial Safety Technical Inspection Department shall take the lead and coordinate with units under the Ministry to perform the following tasks:

a) Guiding and inspecting the implementation of safety techniques in the production, storage, and use of hazardous chemicals; safe distances and planning to prevent and mitigate chemical accidents;

b) Organizing guidance and inspection of compliance with chemical safety data sheets, classification, and labeling of hazardous chemicals by enterprises;

c) Receiving periodic reports on chemical safety information as stipulated in Clause 1, Part H of this Circular, and compiling reports for leadership of the Ministry of Industry;

d) Drafting regulations and technical standards on chemical safety for submission to competent authorities for promulgation.

II. Handling Violations

Organizations and individuals who violate the provisions of this Circular and related laws will be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the severity of the violation, and must compensate for damages if caused, according to the law.

III. Effective Date

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. The provisions on declaration of hazardous chemicals in this Circular replace the provisions on registration of specific industrial chemicals in Decision No. 136/2004/QĐ-BCN dated November 19, 2004, issued by the Ministry of Industry. List of machines, equipment, and hazardous chemicals requiring special industry-specific safety requirements and Regulations on technical safety management for machines, equipment, and hazardous chemicals requiring special industry-specific safety requirements.

3. Organizations and individuals producing or importing chemicals that have already implemented annual declarations according to the Government's Decree No. 100/2005/NĐ-CP dated August 3, 2005, on the implementation of the Chemical Weapons Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons are exempted from the declaration obligations under this Circular.

4. For chemical products that were labeled and shipped before the effective date of this Circular and still within their shelf life, they may continue to circulate until the end of their shelf life.

5. Hazardous chemical labels printed but not yet affixed to products by businesses are allowed to be used until May 30, 2007.

6. During implementation, if there are any difficulties or issues arising, organizations and individuals are advised to report to the Ministry of Industry for timely resolution./.