Circular No. 36/2014/TT-BCT on technical safety training for chemicals and issuance of the Technical Safety Training Certificate for Chemicals

CIRCULAR

Regulations on chemical safety technical training

and issuance of Chemical Safety Technical Training Certificate

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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. 108/2008/ND-CP dated October 7, 2008; Decree No. 26/2011/ND-CP dated April 8, 2011 of the Government amending and supplementing certain articles of Decree No. 108/2008/ND-CP dated October 7, 2008 of the Government detailing and guiding the implementation of some provisions of the Chemical Law;

Pursuant to Government Decree No. 77/2016/NĐ-CP dated July 1, 2016 amending and supplementing certain provisions on investment conditions in the field of international trade, chemicals, industrial explosives, fertilizers, gas business, and food business under the Ministry of Industry and Trade's jurisdiction;

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;

At the proposal of the Director of the Industrial Technical Safety and Environmental Protection Department,

The Minister of Industry and Trade issues this Circular on chemical safety technical training and issuance of Chemical Safety Technical Training Certificate.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates chemical safety technical training and issuance of Chemical Safety Technical Training Certificate for dangerous industrial chemicals; chemicals that are precursors used in industry; and chemicals under the Convention on the Prohibition of the Development, Production, Stockpiling, Acquisition, and Retention of Chemical Weapons within the management scope of the Ministry of Industry and Trade.

This Circular does not regulate training and issuance of training certificates for petroleum products, natural gas; industrial explosives; dangerous chemicals transported by road, rail, and inland waterway vehicles.

Article 2. Applicability

This Circular applies to organizations and individuals engaged in chemical activities as specified in Article 1 of this Circular and other related organizations and individuals.

Chapter II

REGULATIONS ON CHEMICAL SAFETY TECHNICAL TRAINING

Article 3. Training Content

The training content must be appropriate to the nature, type, and level of danger of chemicals at the chemical operation facility and the working position of the trainee. Specifically:

1. For leaders and direct managers of chemicals (managers)

a) Legal provisions in chemical operations, including: Requirements for infrastructure, expertise in chemical operations; procedures and formalities for issuing Certificates and Licenses; declaration of chemicals; classification and labeling of chemicals; registration of chemical use; registration and management of activities related to new chemicals; Safety Data Sheets; storage of information on dangerous chemicals; obligations to provide and protect information; requirements for developing, approving, confirming, and implementing plans and measures to prevent and respond to chemical accidents; regulations on safe distances;

b) Hazardous factors in production, business, storage, and use of chemicals at the chemical operation facility (facility);

c) Measures for management and technical assurance of safety when working with toxic and hazardous chemicals;

d) Plans and measures to be implemented in case of chemical accidents: Information on rescue calls; first aid at the scene; use of rescue equipment to handle fire, explosion, leakage, and release of chemicals; communication diagrams and reporting to competent authorities; mobilization of internal and external resources of the facility;

đ) Measures to prevent, eliminate, and remedy spills and leaks of chemicals; preventing and limiting sources of pollution and their spread into the environment; measures to remediate pollution and restore the environment.

2. For workers directly involved in the production, business, transportation, storage, and use of chemicals (workers)

a) Contents prescribed in Points b and đ Clause 1 of this Article;

b) Dangerous chemicals within the management scope and measures to prevent and respond to accidents: Chemical name; hazardous characteristics; chemical labels; preventive and response measures in case of fire, explosion, leakage, and release of chemicals; information on toxicity, impact on ecology, and the environment;

c) Mixing and usage procedures for chemicals; safety regulations, operational procedures, and handling of accidents involving assigned machinery and equipment;

d) Usage, storage, inspection methods for safety equipment, tools, and personal protective equipment suitable for job positions (including firefighting and rescue equipment);

đ) Emergency response procedures appropriate to job positions and rescue and evacuation;

e) First aid and emergency medical care for injured persons.

Article 4. Training Organization

1. For workers and employers, there shall be responsibility to:

a) Specify in detail the content and duration of training in accordance with Clause 2, Article 3 of this Circular;

b) Select trainers in accordance with the provisions of Clause 3 of this Article;

c) Notify the provincial Department of Industry and Trade or the municipal Department of Industry and Trade directly under the central government where the facility operates of the training plan and pre-training inspection seven (07) days prior;

d) Organize training;

đ) Request the Department of Industry and Trade to inspect and issue the Chemical Technical Safety Training Certificate (Certificate) for workers who have completed training;

e) Manage and monitor the training work.

2. For management staff

The Department of Industry and Trade shall organize training for management staff of facilities within its jurisdiction in accordance with the content prescribed in Clause 1, Article 3 of this Circular.

3. Trainers must have a bachelor's degree or higher in a relevant field, with at least five (05) years of experience working in chemical safety.

4. Forms and Duration of Training

a) Initial training: For management staff, the training duration must be at least twelve (12) hours, including examination time; for newly hired workers, the training duration must be at least sixteen (16) hours, including examination time;

b) Periodic training: Shall be conducted every two (02) years for management staff and workers. The training duration shall be half of the initial training duration;

c) Retraining: Shall be conducted when there is a change in production plans, facilities, types of chemicals; when changing job positions; when the examination results do not meet requirements or when workers have been absent from work for six months or more. The training duration must be at least twelve (12) hours, including examination time.

5. Depending on specific conditions, organizations and individuals may organize separate training on chemical technical safety or combine training on other safety, hygiene, fire prevention and extinguishing contents as prescribed.

6. Training and examination costs shall be borne by the facility.

Chapter III

PROVISIONS ON INSPECTION AND ISSUANCE OF TRAINING CERTIFICATE

CHEMICAL TECHNICAL SAFETY TRAINING

Article 5. Application Documents for Training, Inspection, and Issuance of Training Certificate

1. Application documents for training, inspection, and issuance of training certificate (in cases where the Department of Industry and Trade organizes training) include:

a) Application for training, inspection, and issuance of training certificate according to Model No. 01 attached as Appendix I of this Circular;

b) List of persons applying for training, inspection, and issuance of training certificate according to the model provided in Appendix III attached to this Circular;

c) Two (02) photographs (size 2x3 cm) of persons listed in Point b of this Clause;

d) List of types of chemicals related to the operation of the facility.

2. Application documents for inspection and issuance of training certificate (in cases where the facility conducts self-training) include:

a) Application for inspection and issuance of training certificate according to Model No. 02 attached as Appendix of this Circular;

b) List of persons applying for inspection and issuance of training certificate according to the model provided in Appendix III attached to this Circular;

c) Two (02) photographs (size 2x3 cm) of persons listed in Point b of this Clause;

d) List of types of chemicals related to the operation of the facility.

Article 6. Procedures and Formalities for Inspection and Issuance of Training Certificate

1. Chemical operating facilities shall prepare application documents to request the Department of Industry and Trade to organize training (for management staff), inspection, and issuance of training certificates.

2. Inspection regulations

a) Within ten (10) working days from the date of receiving complete and valid documents, the Department of Industry and Trade shall notify the facility of the training plan (if applicable) and inspection schedule;

b) The inspection content must be consistent with the training content;

c) The maximum inspection time is two (02) hours;

d) Examination scores must reach the average mark or above to be considered satisfactory.

3. Provisions on Issuance of Training Certificate

a) Within five (05) working days from the date of inspection, the Department of Industry and Trade shall issue the training certificate according to the model provided in Appendix IV attached to this Circular to those who pass the examination;

b) The training certificate has validity for two (02) years and is effective nationwide.

4. Thirty (30) days before the expiration of the certificate, the facility shall be responsible for preparing application documents to request the Department of Industry and Trade to organize training (if applicable), inspection, and issuance of training certificates in accordance with the provisions of this Article.

Article 7. Reissuing the Certificate

1. A valid training certificate can be reissued if it is lost or damaged.

2. Organizations and individuals shall prepare application documents to request reissuance of the training certificate and submit them to the issuing authority for consideration and reissuance.

3. Application documents for reissuance of the training certificate include:

a) Application for reissuance of the training certificate according to the model provided in Appendix II attached to this Circular;

b) Two (02) photographs (size 2x3 cm) of the person requesting reissuance of the training certificate.

4. Within three (03) working days from the date of receipt of complete documents, the Department of Industry and Trade shall reissue the training certificate according to the model provided in Appendix IV attached to this Circular. In case of non-reissuance, a written notification stating the reasons must be issued.

Article 8. Inspection Authority and Issuance of Certificate

The Department of Industry and Trade shall be responsible for inspecting and issuing Certificates to trained individuals who meet the requirements within its jurisdiction.

Article 9. Responsibilities of Individuals Holding the Certificate

1. Manage and use the Certificate for its intended purpose, refrain from renting or lending it; do not alter or erase the Certificate.

2. Present the Certificate and comply with inspection and verification requests when required.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Implementation Organization

1. The Department of Safety and Environmental Protection has the responsibility:

a) To guide, inspect, and verify the implementation of the provisions set forth in this Circular;

b) To handle violations within its authority.

2. The Department of Industry and Trade has the responsibility:

a) To disseminate, guide, inspect, and verify the implementation of the provisions set forth in this Circular within its jurisdiction;

b) To notify training plans to facilities with subjects specified in Clause 2, Article 4 of this Circular within its jurisdiction; inspect and issue Certificates;

c) To handle violations within its authority;

d) To compile and report to the Ministry of Industry and Trade (Department of Safety and Environmental Protection) on the training, inspection, and issuance of safety chemical technology certificates within its jurisdiction before December 25 each year.

Article 11. Transitional Provisions

Individuals who have been issued a training certificate prior to the effective date of this Circular may continue to use it until its expiration date.

Article 12. Effective Date

1. This Circular takes effect from December 8, 2014.

2. During implementation, if there are any issues, please notify the Department of Industry and Trade or the Ministry of Industry and Trade for timely guidance and adjustment./.