Circular No. 20/2013/TT-BCT on plans and measures to prevent and respond to chemical accidents in the industrial sector.

CIRCULAR

Regulations on plans and measures for preventing and responding to chemical accidents in the industrial sector

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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.

Based on Decree No. 108/2008/NĐ-CP dated October 7, 2008, of the Government detailing and guiding the implementation of certain provisions of the Chemical Law; 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 stipulates regulations on plans and measures for preventing and responding to chemical accidents in the industrial sector as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the construction, review, approval, and implementation of plans for preventing and responding to chemical accidents (hereinafter referred to as Plans); it also specifies the construction, confirmation, and implementation of measures for preventing and responding to chemical accidents (hereinafter referred to as Measures) in the industrial sector.

Article 2. Applicability

This Circular applies to organizations and individuals producing, trading, storing, and using hazardous chemicals in the industrial sector, as well as other relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

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

Maximum storage quantity of one type of chemical is the largest quantity of that chemical stored at any given time at a production, trading, storage, or usage facility.

Article 4. List of Hazardous Chemicals Required to Develop Plans and Measures for Preventing and Responding to Chemical Accidents

The list of hazardous chemicals required to develop Plans and Measures for Preventing and Responding to Chemical Accidents includes the lists specified in Appendix IV and Appendix VII of 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 dated October 7, 2008, of the Government detailing and guiding the implementation of certain provisions of the Chemical Law.

Chapter II

PLAN FOR PREVENTING AND RESPONDING TO CHEMICAL ACCIDENTS

Article 5. Cases Requiring Development of Plans

1. Investment projects for producing, storing, and using hazardous chemicals (hereinafter referred to as chemical projects) with the maximum storage quantity of chemicals at any given time exceeding or equal to the threshold specified in Appendix IV of Decree No. 26/2011/NĐ-CP must develop Plans before the project officially commences operations.

2. Facilities engaged in producing, trading, storing, and using hazardous chemicals (hereinafter referred to as chemical facilities) with the maximum storage quantity of chemicals at any given time exceeding or equal to the threshold specified in Appendix IV of Decree No. 26/2011/NĐ-CP.

3. Chemical projects and chemical facilities that change production capacity, storage volume, scale, or the number and types of chemicals with the maximum storage quantity of chemicals at any given time exceeding or equal to the threshold specified in Appendix IV of Decree No. 26/2011/NĐ-CP.

4. Chemical projects and chemical facilities that have hazardous chemicals listed in the category requiring development of Plans and simultaneously have chemicals listed in the category requiring development of Measures must develop Plans for all such chemicals and are not required to develop Measures.

Article 6. Content of Plan Development

The format, structure, and content of Plans shall follow the model provided in Appendix 1 attached to this Circular.

Article 7. Application Documents for Review and Approval of Plans

1. Application documents for review and approval of Plans include:

a) A letter requesting review and approval from the organization or individual: Following the model provided in Appendix 2 attached to this Circular;

b) Twelve (12) copies of the Plan, additional copies may be provided upon request of the reviewing authority;

c) Feasibility study report or economic and technical report on construction works or business operation plan, one copy certified by the chemical facility or chemical project;

d) Other accompanying documents (if any).

2. Organizations and individuals must submit application documents for review and approval of Plans directly to the Chemical Administration or send them via postal service.

Article 8. Review of the Plan

1. Reviewing Organization

The review of the Plan shall be conducted through the Review Board. The Ministry of Industry and Trade is the competent authority to approve the Plan. The Chemicals Agency is responsible for receiving applications, proposing the establishment of the Review Board, and submitting it for consideration and decision by the leadership of the Ministry. The Model Decision on Establishing the Review Board is stipulated in Appendix 3 attached hereto.

2. Time Limit for Review

a) The time limit for reviewing and approving the Plan as prescribed in Clause 3, Article 40 of the Chemical Law is thirty (30) days from the date the application-receiving agency receives a complete and valid application as prescribed in Clause 1, Article 7 of this Circular;

b) The time limit for reviewing the Plan as prescribed in Point a of this Clause does not include the time required for organizations and individuals to complete the application as prescribed in Point a of Clause 3 of this Article and the time for revising and supplementing the Plan according to the comments of the Review Board.

3. Review Process

a) Within five (5) days from the date of receipt of the application, the Chemicals Agency must notify in writing to the organization or individual the contents or documents missing and the deadline for completing the application if the application is incomplete or invalid;

b) After receiving a complete and valid application, the Chemicals Agency proposes the establishment of the Review Board for submission for consideration and decision by the leadership of the Ministry. The Chemicals Agency is responsible for notifying the members of the Review Board and the organization or individual developing the Plan about the review time;

c) Within seven (7) working days from the end of the Review Board meeting, the Chemicals Agency is responsible for notifying the review conclusion to the organization or individual developing the Plan. The Model Notification of the Review Conclusion is stipulated in Appendix 4 attached hereto;

d) Based on the notification of the review conclusion, the organization or individual is responsible for performing one of the following tasks: Reconstructing the Plan in case the Plan is not approved and submit it to the Chemicals Agency for review. The procedure and time limit for review are the same as the initial review; revising and supplementing the Plan in case the Plan is approved with conditions requiring revision and supplementation and submit it to the Chemicals Agency along with a written explanation of the revised and supplemented contents according to the review conclusion notification;

đ) Within seven (7) working days from the date of receipt of the revised and supplemented Plan accompanied by a written explanation, the Chemicals Agency submits it for consideration and approval by the leadership of the Ministry if the revised and supplemented Plan meets the requirements of the Review Board or issues a written response that it has not been approved and requests further revision and supplementation if the Plan does not meet the requirements of the Review Board.

Article 9. Organization and Activities of the Review Board for the Plan

1. Members of the Review Board include representatives of: The Ministry of Industry and Trade; Provincial Departments of Industry and Trade under central cities; state management agencies for fire prevention and firefighting; state management agencies for the environment; Management Boards of economic zones, industrial parks, high-tech zones, export processing zones, and clusters of industries (if applicable) where the project is implemented or where the organization or individual produces, operates, stores, and uses chemicals, and experts.

2. Organizational Structure of the Review Board: Chairman, Vice-Chairman, Opposing Member, and other Members. The total number of Review Board members is a minimum of seven (7) and a maximum of nine (9).

3. The Review Board is responsible for inspecting the actual situation, conducting evaluations, and reviewing the Plan and bears responsibility for the review conclusions.

4. The Review Board operates based on the principle of collective discussion, transparency, and direct interaction between members within the Board and between the Board and the organization or individual developing the Plan. The Model Minutes of the Review Board Meeting is stipulated in Appendix 5 attached hereto.

The Review Board ceases operations and dissolves itself after the Plan is approved.

5. The Review Board only convenes when at least two-thirds (2/3) of its members participate, including the Chairman or Vice-Chairman and at least one opposing member. Only those members participating in the Review Board meeting may vote to pass the Plan. Review Board members who do not attend the review meeting must submit their opinions in writing to the Chairman of the Board.

6. The Chairman of the Review Board concludes the review of the Plan according to the following principles:

a) The Plan is approved without revision or supplementation if all members participating in the meeting agree to approve it;

b) The Plan is approved with conditions requiring revision or supplementation if at least two-thirds (2/3) of the members participating in the meeting agree to approve it or approve it with conditions requiring revision or supplementation;

c) The Plan is not approved if more than one-third (1/3) of the members participating in the meeting disagree with its approval.

Article 10. Approval of the Plan

1. Organizations and individuals who prepare the Plan shall submit seven (7) copies of the approved Plan bearing the stamp affixed as prescribed in Points a and b, Clause 6, Article 9 of this Circular to the Chemicals Agency.

2. The Chemicals Agency shall present the Plan for consideration and approval by the Ministry's leadership. The model Decision approving the Plan is specified in Appendix 6 attached to this Circular.

3. Based on the approved Plan, the Ministry of Industry and Trade shall assign tasks to the Chemicals Agency to certify on the back cover page of the Plan copy and send the Decision approving the Plan along with the Plan to the organizations and individuals who prepared the Plan, relevant agencies and units where the project is implemented or where chemical facilities are located, including: Department of Industry and Trade; provincial-level fire prevention and firefighting management agency; provincial-level environmental management agency; People's Committee of the district; Industrial Park Management Board, Export Processing Zone Management Board, Economic Zone Management Board (if applicable).

Article 11. Implementation of the Plan

1. During the production, business operation, use, and storage of hazardous chemicals, organizations and individuals must ensure compliance with the requirements set forth in the approved Plan.

2. The approved Plan must be kept at the chemical facility and serve as the basis for organizations and individuals to carry out safety control work at the chemical facility.

3. Annually, chemical facilities must organize drills of emergency response plans for chemical accidents developed in the Plan, with the presence of representatives from the Ministry of Industry and Trade or the provincial Department of Industry and Trade.

4. In cases where changes occur during investment and operations that alter the contents previously approved in the Plan, organizations and individuals must report to the Chemicals Agency for research and submission to the Ministry's leadership for review and decision.

Chapter III

PREVENTIVE AND RESPONSE MEASURES FOR CHEMICAL ACCIDENTS

Article 12. Cases Requiring Development of Preventive and Response Measures

1. Chemical projects with the largest quantity of stored chemicals at any given time being less than the limit specified in Appendix VII of Decree No. 26/2011/ND-CP must develop preventive and response measures before officially commencing operations.

2. Chemical facilities with the largest quantity of stored chemicals at any given time being less than the limit specified in Appendix VII of Decree No. 26/2011/ND-CP.

3. Chemicals without a specified limit in Appendix VII of Decree No. 26/2011/ND-CP must develop preventive and response measures.

Article 13. Content of Preventive and Response Measures

The structure and content of preventive and response measures are stipulated in Appendix 7 attached to this Circular.

Article 14. Authority Confirming Preventive and Response Measures

Provincial Departments of Industry and Trade are the authorities confirming preventive and response measures for projects and chemical facilities under their jurisdiction.

Article 15. Documents for Requesting Confirmation of Preventive and Response Measures

1. The documents for requesting confirmation of preventive and response measures include the documents prescribed in Clause 6, Article 1 of Decree No. 26/2011/ND-CP, specifically as follows:

a) A letter requesting confirmation from organizations and individuals: According to the model in Appendix 8 attached to this Circular;

b) Preventive and response measures comprising five (5) copies, additional copies may be required if necessary, based on the requirements of the reviewing authority;

c) Feasibility study report or economic and technical construction report or production and business plan comprising one (1) certified copy by the chemical facility or project;

d) Other accompanying documents (if any).

2. Organizations and individuals shall submit the documents for requesting review of preventive and response measures directly to the Department of Industry and Trade or send them via postal service.

Article 16. Confirmation of Measures

1. The time limit for confirming Measures shall not exceed twenty (20) working days from the date when organizations or individuals submit complete and valid files as prescribed in Clause 1, Article 15 of this Circular.

2. Within four (4) days from the date of receiving the file, the Department of Industry and Trade must notify in writing to organizations or individuals the contents or documents that are still missing and the deadline for completing the file if the file is incomplete or invalid.

3. The confirmation time limit for Measures as stipulated in Clause 1 of this Article does not include the time period during which organizations or individuals must complete their files according to the provisions of Clause 2 of this Article.

4. In case the request file for confirming Measures does not meet the requirements, the Department of Industry and Trade must notify in writing to organizations or individuals, specifying the contents that need to be revised or supplemented and the deadline for completion.

5. The Department of Industry and Trade shall organize on-site inspections at chemical projects and facilities; review, evaluate, and confirm Measures. The inspection team shall consist of three (3) to five (5) members. The format of the inspection record is specified in Appendix 9, and the format of the Measure confirmation is specified in Appendix 10 attached to this Circular.

Article 17. Implementation of Measures

1. During the production, business operation, use, and storage of hazardous chemicals, organizations and individuals must ensure compliance with the contents set forth in the confirmed Measures.

2. Confirmed Measures must be kept at the chemical facility and serve as the basis for organizations and individuals to implement safety control work at the chemical facility.

3. In case there are changes during investment and operation processes that alter the contents set forth in the confirmed Measures, organizations and individuals must report to the Department of Industry and Trade for examination and decision.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Responsibilities for implementation

1. The Chemicals Administration under the Ministry of Industry and Trade shall take the lead in coordinating with the Department of Industry and Trade to disseminate, guide, monitor, and inspect the implementation of this Circular.

2. Organizations and individuals with chemical projects or chemical facilities are responsible for complying with and implementing the construction of Plans or Measures for preventing and responding to chemical accidents as prescribed in this Circular; ensuring the implementation of all contents stated in the approved and confirmed Plans or Measures; adhering to reporting regulations and being subject to inspection and audit of the implementation of Plans or Measures by competent authorities.

Article 19. Reporting System

1. Chemical facilities must report on the implementation of Plans to the Ministry of Industry and Trade (Chemical Administration); report on the implementation of Measures to the Department of Industry and Trade before January 15 each year. The format of the report on the implementation of Plans or Measures is specified in Appendix 11 attached to this Circular.

2. The Department of Industry and Trade must submit a consolidated report on the implementation of Measures within its jurisdiction to the Ministry of Industry and Trade (Chemical Administration) before January 31 each year. The format of the consolidated report on the implementation of Measures is specified in Appendix 12 attached to this Circular.

Article 20. Transitional Provisions

1. Chemical projects that have commenced investment and construction works; chemical facilities that were operating before the effective date of this Circular must submit Plans for review by the Ministry of Industry and Trade before December 31, 2014.

2. Chemical projects that have commenced investment and construction works; chemical facilities that were operating before the effective date of this Circular must submit Measures for confirmation by the Department of Industry and Trade before December 31, 2014.

3. Chemical projects belonging to Group C must prepare Plans in accordance with 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 dated October 7, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Chemicals, which have been approved by the Department of Industry and Trade before the effective date of this Circular, then they are exempted from preparing files requesting the Ministry of Industry and Trade to re-examine and approve the Plans.

Article 21. Effective Date

1. This Circular takes effect from October 15, 2013.

2. This Circular replaces Chapter V on Measures and Plans for Preventing and Responding to Chemical Accidents in the Industrial Sector; and the provisions on reporting chemical safety situations, the implementation of Plans and Measures as stipulated in Article 48 of Circular No. 28/2010/TT-BCT.

3. During the implementation process, if there are any difficulties or emerging issues, organizations and individuals shall promptly report to the Ministry of Industry and Trade for appropriate amendments and supplements./.