Circular No. 48/2018/TT-BCT amends certain provisions of Circular No. 55/2014/TT-BCT regarding the management of chemicals subject to control under the Chemical Weapons Convention. This document details and guides the implementation of Decree No. 38/2014/NĐ-CP.
适用范围
Enterprises producing and trading in chemicals subject to control under the Chemical Weapons Convention; state management agencies for chemicals under the Ministry of Industry and Trade.
要点
- Abolishes the provision on training and safety instruction for workers directly handling chemicals (Article 4).
- Updates the list of member states of the Organization for the Prohibition of Chemical Weapons including Angola, Myanmar, and East Timor.
- Amends the application form for a Production Permit for List I, DOC, and DOC-PSF chemicals.
- Abolishes the provision on requirements for chemical storage facilities (Article 4).
- Abolishes clauses related to environmental management and protection during chemical production (Article 6).
🌐 本文件的社会影响
- Reduces some provisions on training and safety instruction for workers handling chemicals.
- Updates the list of member states of the Organization for the Prohibition of Chemical Weapons.
- Amends the application form for a Production Permit to align with new management requirements.
- Abolishes some provisions on chemical storage facilities, reducing burdens on enterprises.
- Minimizes conditions related to environmental protection during chemical production.
❓ 常见问题
Does this Circular abolish any provisions on chemical safety training?
Yes, the Circular abolishes Point b Clause 2 Article 4 relating to training and safety instruction for workers directly handling chemicals.
Has the list of member states of the Organization for the Prohibition of Chemical Weapons been updated?
Yes, the Circular has added Angola, Myanmar, and East Timor to this list.
How does this Circular amend the application form for a Production Permit for chemicals?
The Circular amends Form 1 to become Appendix Application for a Permit, amendment, renewal of Production Permit for List I chemicals, DOC, and DOC-PSF chemicals.
Are there any provisions on chemical storage facilities that have been abolished?
The Circular abolishes Point b Clause 1 Article 4 relating to requirements for chemical storage facilities.
What changes does this Circular make regarding environmental protection during chemical production?
The Circular abolishes clauses related to environmental management and protection during chemical production at Article 6.
全文
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MINISTRY OF INDUSTRY AND TRADE _________________ |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
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Number: 48/2018/TT-BCT |
Hanoi, November 21, 2018 |
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./.
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- Legal Affairs Inspection Office (Ministry of Justice); - Administrative Procedures Supervision Bureau (Government Office); - To be filed: VT, HC. |
THE MINISTER
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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)
______________________________________________
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NAME OF ENTERPRISE _______________
No.: /. . .
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SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness _______________________________________________________________
..., date... month... year...
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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: ...
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Place of Receipt: - As above; - For record: . . . |
Legal representative of the enterprise (Signature, stamp)
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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.
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