Circular No. 1350/TT-KCM guiding the implementation of Government Decree No. 02/CP dated January 5, 1995 concerning goods that are strong toxic substances, radioactive materials, metal waste, waste containing harmful chemicals, and certain high-tech supplies subject to conditional business operations in the domestic market.

CIRCULAR

||| OF THE MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

||| GUIDELINES FOR IMPLEMENTATION||| Decree No. 02/CP dated January 5, 1995 of the Government

||| For goods that are strong toxic chemicals, radioactive materials, metal waste, and waste containing toxic chemicals, and certain high-tech materials subject to conditional trade in the domestic market

||| After consultation with the Ministries of Trade, Health, Heavy Industry, Light Industry, Agriculture, and Food Industry.

||| The Ministry of Science, Technology and Environment hereby provides guidelines for the implementation concerning goods that are strong toxic chemicals; radioactive materials; metal waste; waste containing toxic chemicals; and certain high-tech materials subject to conditional trade in the domestic market as follows:

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Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government on tasks, powers, and organizational structure of the Ministry of Science, Technology, and Environment;

Pursuant to Decree 02/CP dated January 5, 1995 of the Government stipulating goods and services prohibited from commercial trade and goods and services subject to conditional commercial trade in the domestic market;

1.1. These Guidelines apply to goods that are strong toxic chemicals; radioactive materials; metal waste; and waste containing toxic chemicals; and certain high-tech materials subject to conditional trade in the domestic market.

All organizations and individuals engaging in commercial activities (hereinafter referred to as traders) involving these goods, regardless of their economic components within Vietnam or from abroad, must comply with the provisions of this Circular.

1. General Provisions

1.2. The list of goods subject to conditional trade and specific trading conditions are stipulated in Appendices 1.1; 1.2; 1.3; and 1.4 of this Circular.

This list may be supplemented or amended by the Minister of Science, Technology and Environment at any time based on specific circumstances after coordination with the Minister of Trade.

2. Procedures for Issuing Certificates of Eligibility for Conditional Trade

2.1. Traders wishing to engage in trade of goods specified in this Circular must prepare all required conditions and submit an application file for review and issuance of a certificate of eligibility for conditional trade by the competent authority.

2.2. Application File for Issuance of Certificate of Eligibility for Conditional Trade:

2.2.1. For traders who have not yet obtained a business registration or wish to supplement their business registration prior to the effective date of this Circular, the application file shall include:

1) A certified copy of the decision or license for establishment.

2) An application form for a certificate of eligibility for conditional trade (according to Appendix 2.1).

3) A declaration regarding the trading location, technical equipment, labor protection and safety equipment, and sales personnel (according to Appendix 3).

For traders dealing with metal waste and waste containing toxic chemicals, only the trading location needs to be declared.

For enterprises dealing with high-tech materials, only technical equipment, labor protection equipment, and sales personnel need to be declared.

4) Relevant certificates of property ownership, land use rights, or legal contracts for leasing or purchasing real estate where the trading location is situated; diplomas or certificates of professional qualifications of sales personnel (corresponding to the declarations under point 3 above).

2.2.2. For traders who already had a business registration before the effective date of this Circular but have not yet obtained a practice certificate or business permit, the application file shall be as prescribed in point 2.2.1, except that the certified copy of the decision or license for establishment shall be replaced by a certified copy of the business registration.

2.2.3. In cases where a trader has multiple trading locations for the same type of conditional goods, each trading location must have its own separate application file according to this Circular.

2.2.4. For traders who already have a business registration and have been issued a practice certificate or business permit, if they fully meet the conditions stipulated in this Circular, they do not need to reapply for a certificate of eligibility for conditional trade. If they fail to meet one of the corresponding conditions stipulated in this Circular, they must supplement the missing requirements.

In such cases, the trader must go through the procedures at the competent authority issuing the certificate of eligibility for conditional trade to exchange the previously issued practice certificate or business permit for a certificate of eligibility for conditional trade.

The application file for exchanging the certificate of eligibility for conditional trade includes:

An application form for exchanging the certificate of eligibility for conditional trade according to Appendix 2.2.

Practice certificate or business permit.

2.3. Procedures for Issuing Certificates of Eligibility for Conditional Trade.

2.3.1. The competent authority responsible for reviewing and issuing certificates of eligibility for conditional trade (referred to as the certification authority) is:

a) Provincial Department of Science, Technology and Environment, or municipal department directly under the central government, located in the main office area of the trader for strong toxic chemicals, metal waste, and waste containing toxic chemicals, and certain high-tech materials.

b) Radiation Safety and Nuclear Agency - Ministry of Science, Technology and Environment for radioactive materials.

2.3.2. The certification authority is responsible for receiving the application files for certification of eligibility for conditional trade from traders, examining the validity of the files.

If the file is incomplete or invalid, the certification authority will return the file to the trader with necessary instructions for preparation.

If the file is complete and valid, the certification authority must record it in the tracking log, issue a receipt, set a date for resolution, and hand it over to the trader.

2.3.3. For traders below the statutory capital limit as stipulated in Decree No. 66/HĐBT dated March 2, 1992, when applying for a certificate of eligibility for conditional trade for metal waste and waste containing toxic chemicals, they must submit the application file as prescribed in this Circular to the receiving agency, which is the district or county department assigned on the trading location's territory.

The receiving agency will base on the stipulated conditions to examine, determine, and provide comments on the file, then transfer it to the provincial or municipal Department of Science, Technology and Environment for issuance of a certificate of eligibility for conditional trade so that the People's Committee of the district or county can issue or supplement the business permit for the trader (the trader does not need to directly apply to the provincial or municipal Department of Science, Technology and Environment for the certificate of eligibility for conditional trade).

2.3.3. In cases where the business operator operates below the statutory capital as stipulated by Decree No. 66/HĐBT dated March 2, 1992, when applying for a certificate of eligibility to trade in scrap metal and waste materials containing hazardous chemicals, such business operator must submit the dossier as prescribed in this Circular to the agency receiving the dossier, which is the district or ward office assigned on the territory where the business operator's trading location is situated.

The agency receiving the dossier shall, based on the conditions specified, examine, determine, and provide comments on the dossier, then transfer it to the Department of Science, Technology, and Environment of the province or city where the business operator is located for consideration in issuing a certificate of eligibility to trade, so that the People's Committee of the district or ward may issue or supplement the business license for the business operator (the business operator does not need to directly apply to the Department of Science, Technology, and Environment for the certificate of eligibility to trade).

2.3.4. Depending on the requirements and characteristics of the goods, the certification authority may send documents to seek opinions from relevant agencies, dispatch staff to review the actual business conditions of the business operator.

2.3.5 Within twenty days from the date of receiving all necessary documents, the certification authority shall either refuse or issue a certificate of adequate business conditions for the corresponding goods to the business operator according to the unified form in Appendix 3 of Decree No. 02/CP.

In cases where the business operator has multiple business points for goods, the certificate of adequate business conditions shall clearly state each business point that has been confirmed to meet the business conditions.

2.4. Handling complaints about the refusal to issue a certificate of adequate business conditions:

The business operator must submit a complaint letter; the certification authority shall accept the complaint and inform the business operator of its decision. If the business operator disagrees with the certification authority's opinion, they may appeal to the Ministry of Science and Technology and Environment; the final decision of the Minister of Science and Technology and Environment shall be binding.

3. Responsibilities of the business operator

3.1. The business operator requesting a certificate of adequate business conditions must pay the prescribed fee and create convenient conditions for the certification authority to quickly and clearly review their business conditions.

3.2. The business operator must ensure the maintenance of the business conditions as certified during the operation of the corresponding goods. In case of changes in business conditions, the business operator must notify the certification authority in writing to confirm the new business conditions.

3.3. The business operator must comply with regular inspections and supervision by the responsible authorities mentioned in Point 4.2 of this Circular.

4. Implementation Clause

4.1. This Circular takes effect from the date of issuance.

4.2. Directors of Provincial Departments of Science, Technology and Environment under central cities, Heads of Radiation Safety and Nuclear Safety Departments under the Ministry of Science and Technology and Environment are responsible for:

Promulgating and guiding sectors, localities, enterprises to implement this guiding circular.

Organizing inspections and supervising the business conditions of business operators within the scope of management stipulated in this Circular.

4.3. Within sixty days from the effective date of this Circular, business operators who have obtained business registration for goods before the effective date of this Circular must supplement the business conditions as prescribed in this Circular or if they have not yet been issued a practice certificate or a practice permit, they must complete the procedures to obtain a certificate of adequate business conditions for the corresponding goods.

After this period, any business operator without or insufficient business conditions to obtain a certificate of adequate business conditions will have to cease operations of the corresponding goods until they fully meet the conditions stipulated in this Circular.

4.4. During the operation of the corresponding goods, if the business operator fails to ensure the business conditions prescribed in this Circular, it will be considered an illegal business act. Authorities or individuals responsible for issuing certificates, if they abuse their positions or powers, violate the law, will be subject to disciplinary action, administrative penalties, or criminal prosecution according to current laws. In any case of violation of the business conditions stipulated in this Circular that the business operator does not promptly rectify, the certification authority will revoke the effectiveness of the certificate of adequate business conditions and recommend to the competent authority to revoke the business registration of the business operator.

4.5. The Ministry of Science and Technology and Environment requests People's Committees of provinces and centrally-administered cities, related ministries and sectors to direct subordinate agencies and enterprises to effectively implement this Circular.