Circular No. 40/2011/TT-BCT on declaration of chemicals

✦ Smart summary

Circular No. 40/2011/TT-BCT stipulates the declaration of chemicals, including declaration forms and online declaration through the internet. The Circular applies to organizations and individuals producing or importing chemicals listed in the Chemicals Declaration List. Main contents relate to declaration procedures, responsibilities of parties involved, and handling violations.

Scope of application

Organizations and individuals producing or importing chemicals (including imports into export processing zones) listed in the Chemicals Declaration List.

Key points

Organizations and individuals requesting issuance of the Declaration Confirmation Certificate for chemicals must pay the prescribed fee and bear responsibility for the accuracy of the declaration content (Article 4, Article 5).
The issuing authority has the responsibility to guide, accept applications, inspect, and issue the Declaration Confirmation Certificate within a specified period (Article 6, Article 9, Article 16).
Chemicals subject to declaration are those produced or imported and listed in the Chemicals List as stipulated in Appendix V of Decree No. 26/2011/NĐ-CP (Article 3).
Organizations and individuals may declare chemicals directly or through the internet. The declaration dossier must include documents such as chemical purchase and sale invoices and the Declaration Confirmation Certificate (Article 7, Article 8, Article 14).
The issuing authority has the right to refuse issuance of the Declaration Confirmation Certificate if the declaration form is erased, unclear, or lacks a seal indicating the legal status of the organization or individual (Article 9).

🌐 Social impact of this document

Positive impact: Reducing time and costs for businesses through online chemical declaration. Enhancing chemical management and environmental protection.
Negative impact: May cause difficulties for small and medium-sized enterprises without access to high technology to declare chemicals via the internet.

❓ Frequently asked questions

How should my company declare chemicals?

Your company needs to declare chemicals according to the form prescribed in Appendix 1 of this Circular, which can be done either directly or through the internet. If choosing direct submission, submit the paper application at the Ministry of Industry and Trade (Chemical Administration) or send it by mail.

Do I need to pay a fee when declaring chemicals?

Yes, you must pay the prescribed fee when requesting issuance of the Declaration Confirmation Certificate for chemicals (Article 5).

What should I do if I don't have a chemical purchase and sale invoice yet?

In this case, you can submit the chemical purchase and sale contract and the expected invoice. The official invoice must be submitted at the time of receiving the Declaration Confirmation Certificate (Article 8).

How long does it take to issue the Declaration Confirmation Certificate?

Within seven working days from the date the application is supplemented with complete and accurate information, the Chemical Administration will issue the Declaration Confirmation Certificate (Article 9).

What penalties will I face if I do not declare chemicals in accordance with regulations?

Depending on the nature, severity of the violation, and resulting consequences, organizations and individuals may be subject to administrative fines or criminal liability (Article 20).

Full text

CIRCULAR

Regulations on Chemical Declaration

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Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; Decree No. 44/2011/ND-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decree No. 189/2007/ND-CP;

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. 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 certain provisions of the Law on Chemicals;

The Minister of Industry and Trade promulgates chemical declaration regulations as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the forms of chemical declaration, direct import chemical declaration, and online chemical declaration through the Internet.

Article 2. Applicability

This Circular applies to organizations and individuals producing or importing chemicals (including importing chemicals into export processing zones) listed in the Chemicals Mandatory Declaration List.

Article 3. Explanation of Terms

1. Chemicals subject to declaration are chemicals produced or imported that fall within the scope of the Chemicals Mandatory Declaration List prescribed in Appendix V of 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 certain provisions of the Law on Chemicals.

2. Certificate of Chemical Declaration for Production/Import (hereinafter referred to as the Certificate) is a document issued by the competent state authority confirming the completion of the chemical declaration by organizations or individuals producing or importing chemicals.

3. Direct Chemical Declaration is the form of declaration made through the submission of paper documents to the competent state authority.

4. Online System for Issuing Certificates of Import Chemical Declaration (hereinafter referred to as the System) is the management and issuance system for certificates of import chemical declaration in Vietnam with the address at: http://cuchoachat.gov.vn.

5. Proforma Invoice is a type of document used for initial payment between the seller and buyer, not yet used for final settlement.

Article 4. Forms of Chemical Declaration

1. Chemical declaration includes production chemical declaration and import chemical declaration.

2. Import chemical declaration includes: direct declaration or online declaration. Organizations or individuals requesting the issuance of the Certificate may choose one of these two forms of chemical declaration.

Article 5. Responsibilities of Organizations and Individuals Requesting the Issuance of the Certificate

1. To be responsible for the accuracy and truthfulness of the contents declared in the Chemical Declaration Form, including cases where they are authorized by the importer or producer.

2. To facilitate the inspection of the actual situation at the production or import facility by the competent authority issuing the Certificate.

3. To pay fees as prescribed by law.

Article 6. Responsibilities of the Authority Issuing the Certificate

1. To guide organizations and individuals requesting the issuance of the Certificate when requested.

2. To accept, examine the application file, and issue the Certificate to organizations and individuals producing or importing chemicals when the application meets the requirements for chemical declaration.

Chapter II

CHEMICAL DECLARATION FORM AND IMPORT CHEMICAL DECLARATION FORM

Section 1

CHEMICAL DECLARATION FORM AND

DIRECT IMPORT CHEMICAL DECLARATION FORM

Article 7. Declaration of chemicals for production and declaration of imported chemicals

1. The declaration forms for chemicals for production and declaration forms for imported chemicals issued together with this Circular include:

a) Form of Chemical Declaration as specified in Appendix 1;

b) Confirmation Certificate Form of Chemical Declaration as specified in Appendix 2;

c) Receipt Form as specified in Appendix 3;

d) Report on the situation of chemical declarations for production within the territory as specified in Appendix 4;

đ) Report on the situation of imported chemicals as specified in Appendix 5.

2. Procedures, formalities, confirming authorities for chemical declarations

a) The procedures, formalities, confirming authorities, and confirmation deadlines for declarations of chemicals for production shall be implemented according to Clause 11, Article 1 of Decree No. 26/2011/NĐ-CP.

b) The procedures, formalities, confirming authorities, and confirmation deadlines for direct import chemical declarations shall be implemented according to Clause 11, Article 1 of Decree No. 26/2011/NĐ-CP and the provisions of this Circular.

Article 8. Some documents in the application dossier for issuance of the Confirmation Certificate of Direct Import Chemical Declarations as specified in Clause 11, Article 1 of Decree No. 26/2011/NĐ-CP

1. Purchase invoice of chemicals (invoice) as specified in Clause 11, Article 1 of Decree No. 26/2011/NĐ-CP. In cases where organizations or individuals have not yet obtained purchase invoices of chemicals, they may submit the sales contract of chemicals and the anticipated invoice in the application dossier. The official purchase invoice of chemicals stamped and signed by the leadership of the enterprise must be submitted at the time of receiving the Confirmation Certificate.

2. For sales contracts of chemicals used for multiple imports, from the second import shipment under the contract, organizations and individuals are responsible for submitting the official purchase invoice of chemicals stamped and signed by the leadership of the enterprise and a copy of the Confirmation Certificate of the first shipment under the same contract. The confirmation for this import shipment will be carried out within three working days.

3. For dangerous chemicals as specified in Appendix V of Decree No. 26/2011/NĐ-CP, a Safety Data Sheet (SDS) must be established. The SDS must be attached to the declaration dossier and stamped with the confirmation seal of the organization or individual making the declaration. The form of the SDS is specified in Appendix 17 of Circular No. 28/2010/TT-BCT dated June 28, 2010, of the Ministry of Industry and Trade detailing certain provisions of Decree No. 108/2008/NĐ-CP dated October 7, 2008, of the Government guiding the implementation of certain articles of the Law on Chemicals.

Article 9. Submission, acceptance of dossiers and issuance of Confirmation Certificates

1. Methods of submitting dossiers

a) Organizations and individuals can submit paper dossiers at the Ministry of Industry and Trade (Chemical Administration) or send dossiers via postal service;

b) When submitting dossiers, organizations and individuals must fill in all contents according to the Chemical Declaration Form model as specified in Appendix 1 of this Circular.

2. Receiving applications

a) The person accepting the dossier is responsible for receiving the dossier, recording it in the incoming document register, and issuing a receipt. The receipt form shall comply with the provisions of Appendix 3 of this Circular;

b) In cases where organizations or individuals send dossiers via postal service, the person accepting the dossier must send the receipt via fax. The result delivery period shall be implemented according to the provisions of Clause 4 of this Article, starting from the day the Chemical Administration receives the dossier via postal service.

3. Dossier verification

Within three working days from the date of receiving the dossier, the person assigned to handle the dossier must notify organizations and individuals importing chemicals of all necessary supplements and corrections for incomplete or non-compliant dossiers. Notifications to organizations and individuals can be made by email, fax, or telephone. The issuance deadline for the Confirmation Certificate starts from the date when the dossier is supplemented completely and accurately.

4. Issuance of Confirmation Certificates

Within seven working days from the date the dossier is supplemented completely as specified in Clause 3 of this Article, the Chemical Administration shall issue the Confirmation Certificate. The form of the Confirmation Certificate for Imported Chemical Declarations shall comply with the provisions of Appendix 2 of this Circular.

5. Refusal to Issue Confirmation Certificates

The authority issuing Confirmation Certificates shall refuse to issue Confirmation Certificates in cases where the chemical declaration form has been erased, is unclear and unreadable, or lacks a seal indicating the legal status of the organization or individual.

Article 10. Receiving the Confirmation Certificate

Organizations and individuals may directly receive the Confirmation Certificate at the Chemicals Agency or receive it through postal service.

Section 2

CHEMICAL IMPORT DECLARATION THROUGH THE INTERNET

Article 11. Conditions for participating in chemical declaration through the internet

1. Computer connected to the internet.

2. Registering to use digital signature with competent state agencies.

Article 12. Registration of Participation Documents in the System

Organizations and individuals requesting the issuance of the Confirmation Certificate for the first time must register participation documents in the System with the Chemicals Agency. Detailed steps are provided in the registration guide on the System's main page. The process of registering to participate in the System shall be carried out in accordance with Article 13 of this Circular.

Article 13. Procedure for Using the System

1. Participation registration dossier

a) Declaration form for chemical declaration through the internet according to the model available on the main page;

b) Certified copy of the Business Registration Certificate; Certified copy of the Tax Code Registration Certificate.

2. Declaration of information

Organizations and individuals must complete all contents according to the registration form model, then submit the registration dossier as prescribed in Clause 1 of this Article either by direct submission or by postal service to the Chemicals Agency.

3. Processing of registration dossier

Within three working days from the date of receipt of the registration dossier as prescribed in Clause 1 of this Article, the Chemicals Agency will check the accuracy of the registration dossier.

4. Verification of results

Based on the registration dossier as prescribed in Clause 3 of this Article, the Chemicals Agency will notify via the email address registered on the system about the validity of the dossier: complete or incomplete.

Article 14. Chemical Import Declaration Dossier

1. The chemical import declaration dossier includes the documents stipulated in Article 8 of this Circular. Organizations and individuals fill in the declaration form template published on the System's main page.

2. In cases where the sales invoice for chemicals is not available when submitting the dossier, within seven working days from the date of submission of a valid dossier, organizations and individuals must supplement the scanned version of the official sales invoice for chemicals to the Chemicals Agency. If only the invoice is supplemented, the result delivery date will not be extended.

Article 15. Implementation of Chemical Declaration

After filling in all information in the declaration form template published on the System's main page, organizations and individuals must register a scanned file from the original and connect their digital signature device to the computer to send the dossier.

Article 16. Issuance of the Confirmation Certificate

1. Within three working days from the date of receipt of the dossier through internet data, the Chemicals Agency will review the dossier and notify organizations and individuals through the System if the dossier is incomplete or invalid.

2. Within seven working days from the date of receipt of complete and valid information and dossier as stipulated in Article 14 of this Circular, the Chemicals Agency will issue the Confirmation Certificate to organizations and individuals.

3. Organizations and individuals may directly receive the Confirmation Certificate at the Chemicals Agency or receive it through postal service.

Chapter III

IMPLEMENTING PROVISIONS

Article 17. Implementation Organization

1. Chemical Department

a) Take the lead in coordinating with the Department of Industry and Trade and related agencies to disseminate and guide regulations on chemical declaration under Decree No. 26/2011/ND-CP and this Circular;

b) Implement the issuance of the Confirmation Certificate for chemical import declaration. Take the lead in coordinating with related agencies to inspect the implementation of chemical import declaration by organizations and individuals.

2. Departments of Industry and Trade

a) Implement the issuance of the Confirmation Certificate for chemical production declaration within their jurisdiction;

b) Take the lead in coordinating with the Chemicals Agency and related agencies to inspect the implementation of chemical production declaration within their jurisdiction.

Article 18. Reporting System

1. Report on the situation of chemical production declaration

a) Annually before January 31, chemical manufacturing enterprises must report on the previous year's declaration system to the Department of Industry and Trade. In cases where chemicals are not produced regularly, enterprises must inform the Department of Industry and Trade in writing during non-production years;

b) Annually before February 15, the Department of Industry and Trade must report on the situation of chemical production declaration within its jurisdiction for the previous year to the Ministry of Industry and Trade (Chemicals Agency) for monitoring. The format of the report on the situation of chemical production declaration within the jurisdiction is specified in Appendix 4 of this Circular.

2. Report on the situation of chemical imports

Annually before January 31, chemical import enterprises that declare chemicals directly must report on the previous year's import situation of chemicals and send it to the Ministry of Industry and Trade (Chemicals Agency) for monitoring. The format of the report on the situation of chemical imports is specified in Appendix 5 of this Circular.

Article 19. Updating Data

1. The Department of Industry and Trade shall update data on certificates of confirmation for chemicals produced within its jurisdiction.

2. The Chemicals Administration shall update data on certificates of confirmation for imported chemicals.

Article 20. Handling Violations

1. Any civil servant or public official who adds procedures or conditions for chemical declaration contrary to the provisions of this Circular, or engages in conduct that causes difficulties or harassment to organizations or individuals during the process of chemical declaration, shall be subject to legal sanctions.

2. Organizations or individuals producing or importing chemicals listed in the Chemical Declaration List, depending on the nature, degree of violation, and resulting consequences, shall be subject to one of the following forms of handling: Administrative penalty in accordance with the laws on administrative violations; criminal prosecution in accordance with the laws when the violation constitutes a crime; compensation for damages in accordance with the laws when the violation causes damage to the interests of the State and the interests of organizations or individuals.

Article 21. Effective Date

1. This Circular takes effect from December 31, 2011.

2. During the implementation of this Circular, if there are any issues, relevant agencies, organizations, and individuals shall promptly reflect them to the Ministry of Industry and Trade for consideration and resolution./.