Circular No. 17/2022/TT-BCT amends and supplements certain provisions of Circular No. 32/2017/TT-BCT dated December 28, 2017, issued by the Minister of Industry and Trade, detailing and guiding the implementation of certain provisions of the Chemicals Law and Decree No. 113/2017/NĐ-CP dated October 9, 2017, guiding the detailed implementation of certain provisions of the Chemicals Law.

CIRCULARAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

Amending and supplementing certain provisions of Circular No. 32/2017/TT-BCT dated December 28, 2017 issued by the Minister of Industry and Trade detailing and guiding the implementation of certain provisions of the Chemical Law and Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Chemical Law113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Chemical Law; Decree No. 82/2022/NĐ-CP dated October 18, 2022 of the Government113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Chemical Law

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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. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Decree No. Decree No. 111/2021/NĐ-CP dated December 9, 2021 of the Government amending and supplementing certain provisions of Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government on product labels Article 1. Amending and supplementing some articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 issued by the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on the management of multi-level marketing business activities (hereinafter referred to as Circular No. 10/2018/TT-BCT) as follows: Amending and supplementing certain provisions of Circular No. 32/2017/TT-BCT dated December 28, 2017 issued by the Minister of Industry and Trade detailing and guiding the implementation of certain provisions of the Chemical Law and Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Chemical Law.;

Pursuant to Decree No. 43/2017/NĐ-CP of April 14, 2017 of the Government on product labeling; Article 1. Amending and supplementing certain provisions of Circular No. 32/2017/TT-BCT dated December 28, 2017 issued by the Minister of Industry and Trade detailing and guiding the implementation of certain provisions of the Chemical Law and Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Chemical Law;

At the proposal of the Director of the Chemicals Administration;

4. Supplement Clause 7 following Clause 6 Article 2 as follows: 1. Amending Point b Clause 1 Article 1 as follows:

"b) Certain types of forms including: the Chemical Hazard Purchase and Sale Control Form; various reporting forms for chemical activities; forms used during the process of assessing and approving the Chemical Accident Prevention and Response Plan."

2. Adding Article 3a after Article 3

Article 3a. The validity period of the Permit for producing and trading restricted chemicals in the industrial sector

1. A newly issued permit has a validity period of five years from the date of issuance. For persistent organic pollutants (POPs), the validity period of the permit is five years from the date of issuance or equal to the exemption registration period specified in Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Environmental Protection Law, whichever comes first.

"2. The validity period of renewed and adjusted permits shall be the remaining validity period of the previously issued permit.

3. Amending Clause 3 Article 4 as follows:

"3. Annex 3 shall include forms used in the process of assessing and approving the Chemical Accident Prevention and Response Plan:

a) Form 03a: Decision to Establish the Assessment Board;

b) Form 03b: Meeting Minutes of the Assessment Board;

c) Form 03c: Evaluation and Review Form;

d) Form 03d: Report on Explanation and Adoption of Assessment Opinions;

đ) Form 03đ: Authentication Stamp on the Back Cover of the Approved Chemical Accident Prevention and Response Plan."

4. Amending some clauses of Article 6 as follows:

"3. Labeling of chemicals shall be carried out in accordance with the provisions of Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government on Product Labels, Decree No. 111/2021/NĐ-CP dated December 9, 2021 of the Government amending and supplementing certain provisions of Decree No. 43/2017/NĐ-CP of the Government on Product Labels, and shall be guided by Annex 8 attached to this Circular."

"5. Warning diagrams in the transportation of dangerous chemicals are defined in Appendix III Model Labels and Hazardous Goods Markings issued together with Decree No. 42/2020/NĐ-CP dated April 8, 2020 of the Government detailing the List of Dangerous Goods and the Transportation of Dangerous Goods by Road and Inland Waterways."

a) Amending Clause 3 as follows:

"1. Organizations and individuals producing and importing dangerous chemicals as stipulated in Clause 1 Article 24 of Decree No. 113/2017/NĐ-CP, amended and supplemented in Clause 13 Article 1 of Decree No. 82/2022/NĐ-CP, before putting chemicals into use and circulation on the market, must establish a Chemical Safety Data Sheet containing information according to the guidance in Annex 9 of this Circular and bear legal responsibility for the contents of the Chemical Safety Data Sheet."

b) Amend Clause 5 as follows:

6. Amending Clause 1 and Clause 2 Article 9 as follows:

5. Amending Clause 1 of Article 7 as follows:

"1. Reporting system of organizations and individuals

a) Before February 15 each year, organizations and individuals engaged in chemical activities in the industrial sector have the responsibility to report the consolidated situation of chemical activities of the previous year according to Form No. 05a prescribed in Annex 5 of this Circular to the Chemical Administration Department, Provincial Departments of Industry and Trade at the headquarters location and production and business locations through the National Chemical Database System (https://chemicaldata.gov.vn/cms.xc);

b) Organizations and individuals engaged in chemical activities in the industrial sector have the responsibility to report when accidents occur during chemical activities or cease chemical activities to the Chemical Administration Department, Provincial Departments of Industry and Trade at the headquarters location and production and business locations.

2. Before March 1 each year, Provincial Departments of Industry and Trade have the responsibility to report the management of chemical activities of organizations and individuals under their jurisdiction according to Form No. 05b prescribed in Annex 5 of this Circular to the Chemical Administration Department through the National Chemical Database System."

"1. The Chemical Administration Department is the lead agency of the Ministry of Industry and Trade responsible for managing chemical activities.

The Chemical Administration Department takes the lead and coordinates with relevant agencies and units to implement chemical management tasks within the scope of responsibilities of the Ministry of Industry and Trade:

7. Amend Clause 1, Article 10 as follows:

a) Drafting and submitting to competent authorities for promulgation legal regulatory documents on chemical management; strategies, programs, projects, plans, mechanisms, and policies for developing the chemical industry; technical standards and regulations specific to the chemical industry;

b) Organizing the dissemination, popularization, and guidance on legal provisions related to chemical management;

a) Draft and submit to competent authorities for issuance legal regulatory documents on chemical management; strategies, programs, projects, plans, mechanisms, policies for the development of the chemical industry; technical standards and norms specific to the chemical sector;

b) Organize propaganda, dissemination, and guidance on legal provisions regarding chemical management;

c) Implement the tasks prescribed in point a, Clause 7, Article 16 of Decree No. 113/2017/NĐ-CP, amended and supplemented in point e, Clause 8, Article 1 of Decree No. 82/2022/NĐ-CP. The Director of the Chemicals Administration signs on behalf of the Minister of Industry and Trade in cases of issuing, reissuing, amending, and revoking permits for the production and business of restricted chemicals in the industrial sector.

d) Advise the leadership of the Ministry of Industry and Trade in handling files, organizing the assessment of the Chemical Accident Prevention and Response Plan; propose to the leadership of the Ministry of Industry and Trade to establish the Assessment Board; propose to the leadership of the Ministry of Industry and Trade to consider and approve the Chemical Accident Prevention and Response Plan; certify on the back cover page of the Chemical Accident Prevention and Response Plan after approval.

đ) Check the file and provide feedback on information declared about imported chemicals to organizations and individuals declaring according to point b, Clause 14, Article 1 of Decree No. 82/2022/NĐ-CP.

e) Upgrade and update the National Chemical Database.

g) Conduct inspections, checks, handle complaints and accusations, and deal with violations within their authority in chemical activities.

8. Amend some provisions in Appendix 8 of Circular No. 32/2017/TT-BCT as follows:

a) Amend item 6 as follows:

"6. Composition or quantitative composition

a) Record chemical formula, structural formula, quantitative composition. For chemicals contained in pressure vessels, additional filling capacity must be recorded.

b) For mixtures, record composition or quantitative composition as follows: solid form is the percentage by weight of each solid component; liquid form is the percentage by volume of each liquid component; gas form is the percentage by volume of each gas component; solid-liquid form is the percentage by weight of each solid and liquid component.

b) Amend item 9 as follows:

"9. Name and address of the organization or individual responsible for the chemical

The recording of the name and address of the organization or individual responsible for the chemical shall be carried out in accordance with Article 12 of Decree No. 43/2017/NĐ-CP, amended and supplemented in Clause 6, Article 1 of Decree No. 111/2021/NĐ-CP.

c) Amend item 10 as follows:

"10. Origin of the chemical

The recording of the origin of the chemical shall be carried out in accordance with Article 15 of Decree No. 43/2017/NĐ-CP, amended and supplemented in Clause 7, Article 1 of Decree No. 111/2021/NĐ-CP.

Article 2. Repeal and replace some provisions in Circular No. 32/2017/TT-BCT

1. Repeal some provisions in Circular No. 32/2017/TT-BCT: Point a, Clause 1, Article 1; Article 3; Clause 1, Clause 2, Article 4; Clause 1, Article 5; Clause 4, Article 6; Clause 1, Clause 2, Article 8; Point b, Clause 5, Article 10; Point b, Clause 3, Article 11; Appendices 1, 2, 6; Part 3 of Appendix 7.

2. Replace Appendices 3 and 5 of Circular No. 32/2017/TT-BCT with Appendices 3 and 5 issued together with this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from December 22, 2022. The reporting regime of organizations, individuals, and Provincial Departments of Industry and Trade stipulated in Clause 6, Article 1 of this Circular takes effect from December 22, 2023.

2. Transitional provisions: Permits for the production and business of restricted chemicals in the industrial sector issued before December 22, 2022, will continue to be valid until December 22, 2027, or until the expiration date of the exemption registration period specified in Decree No. 08/2022/NĐ-CP dated January 10, 2022 of the Government detailing certain provisions of the Law on Environmental Protection, whichever comes first.

3. When the legal normative documents and referenced materials in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new regulations.

4. During implementation, if there are difficulties or issues arising, organizations and individuals should report them to the Ministry of Industry and Trade for study and resolution./.