Circular No. 48/2018/TT-BCT amends certain provisions of Circular No. 55/2014/TT-BCT dated December 19, 2014, issued by the Minister of Industry and Trade, detailing and guiding the implementation of certain provisions of Decree No. 38/2014/NĐ-CP dated May 6, 2014, of the Government on the management of chemicals under the Chemical Weapons Convention.

CIRCULAR

Amending certain Articles of Circular No. 55/2014/TT-BCT dated December 19, 2014 issued by the Minister of Industry and Trade detailing and guiding the implementation of certain provisions of Government Decree No. 38/2014/NĐ-CP dated May 6, 2014 on the management of chemicals under the Chemical Weapons Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weaponsPursuant to Government Decree No. 38/2014/NĐ-CP dated May 6, 2014 on the management of chemicals subject to control under the Chemical Weapons Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons;

 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;

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;

Implementing the Chemical Weapons Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons;

Pursuant to Decree No. 08/2018/NĐ-CP dated January 15, 2018, issued by the Government, amending certain Decrees related to investment conditions within the scope of management by the Ministry of Industry and Trade;

At the proposal of the Director of the Chemicals Department,;

The Minister of Industry and Trade issues this Circular amending certain Articles of Circular No. 55/2014/TT-BCT dated December 19, 2014 issued by the Minister of Industry and Trade detailing and guiding the implementation of certain provisions of Government Decree No. 38/2014/NĐ-CP dated May 6, 2014 on the management of chemicals under the Chemical Weapons Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons.

Amending and supplementing certain Articles of Circular No. 55/2014/TT-BCT as follows:

Article 1. Amending and supplementing certain Articles of Circular No. 55/2014/TT-BCT as follows:

"b) Workers directly exposed to chemicals must be trained and instructed on chemical safety in accordance with regulations."

2. Adding Angola, Myanmar, and East Timor to the list of member states of the Organization for the Prohibition of Chemical Weapons in the Appendix attached to Circular No. 55/2014/TT-BCT dated December 19, 2014 issued by the Minister of Industry and Trade.

2. Replacing Model 1 "Application for Issuance, Amendment, and Reissuance of Production Permit for Schedule 1 Chemicals, DOC Chemicals, and DOC-PSF Chemicals" issued together with Circular No. 55/2014/TT-BCT dated December 19, 2014 issued by the Minister of Industry and Trade with the Appendix "Application for Issuance, Amendment, and Reissuance of Production Permit for Schedule 1 Chemicals, DOC Chemicals, and DOC-PSF Chemicals" issued together with this Circular.

Article 2. Abolishing certain Articles of Circular No. 55/2014/TT-BCT

3. Abolishing Clause 4, Clause 8, and Clause 9 Article 6.

4. Abolishing Model 4 "Declaration of Equipment and Technology of Schedule 1 Chemical Production Facilities" issued together with Circular No. 55/2014/TT-BCT dated December 19, 2014 issued by the Minister of Industry and Trade.

Article 3. Effectiveness

1. This Circular takes effect from January 7, 2019.

2. During the implementation process, if there are any difficulties, organizations and individuals should promptly report them to the Ministry of Industry and Trade for research and resolution./.

ANNEX

APPLICATION FOR ISSUANCE OF PRODUCTION LICENSE, AMENDMENT,

REISSUANCE OF PRODUCTION LICENSE FOR SCHEDULE 1 CHEMICALS¹,

DOC CHEMICALS, DOC-PSF CHEMICALS

(Issued together with Circular No.: 48  /2018/TT-BCT
dated November 21, 2018 issued by the Minister of Industry and Trade)

______________________________________________

Respectfully submitted to: Ministry of Industry and Trade (Chemicals Department)

Name of Enterprise: ...

Business Registration Certificate/Investment Certificate No.: ...

Head office location: ...

Telephone: ...     Fax: ...   Email: ...

Requesting the Ministry of Industry and Trade to issue a Production License, (Amend Production License, Reissue Production License) for Schedule 1, 2, 3 Chemicals¹ or DOC Chemicals, DOC-PSF Chemicals according to the following contents:

1. Purpose of production: ...

2. Location of Production Facility: ... Telephone: . . . Fax: . . .

3. Main products. It is required to list each product according to the following contents:

- Name according to IUPAC: ...

- Trade name or common name: ...

- CAS number: ...

- Chemical formula: ...

- Concentration: ...

- Capacity: ...

4. By-products (if any). It is required to list each by-product according to the following contents:

- Name according to IUPAC: ...

- Trade name or common name: ...

- CAS number: ...

- Chemical formula: ...

- Concentration: ...

- Capacity: ...

5. Type of facility: ...

6. Environmental protection, occupational health, and chemical safety measures: ...

Reason for requesting a license: ...²

Our company hereby commits to:

- Producing Schedule 1, 2, 3 Chemicals¹ or DOC Chemicals, DOC-PSF Chemicals in accordance with the purpose and content stated in this application;

- Adhering to the regulations on the production of Schedule 1, 2, 3 Chemicals¹ or DOC Chemicals, DOC-PSF Chemicals as stipulated in Government Decree No. 38/2014/NĐ-CP, the implementing regulations of Government Decree No. 38/2014/NĐ-CP, and Vietnamese laws.

List of accompanying documents: ...

Note:                                 

¹Clearly state the type of chemicals requested for issuance, reissuance, or amendment of the license.

²Only applicable for reissuance or amendment of the license.

In case of reissuance, items 1 through 6 of this Appendix need not be filled out. In case of amendment of the license, items 1 through 6 of this Appendix must be fully completed.