Decree No. 82/2022/ND-CP amends and supplements some articles of Decree No. 113/2017/NĐ-CP dated October 9, 2017, of the Government detailing and guiding the implementation of certain provisions of the Chemicals Law.

DECREE

Amending and supplementing certain articles of Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Law on ChemicalsGUIDELINES FOR THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE CHEMICALS LAW

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Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law amending and supplementing certain provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the Law on Prevention and Control of Narcotics dated March 30, 2021;

Pursuant to the Investment Law dated June 17, 2020;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Law on Chemicals.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No.Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Law on Chemicals

1. Amend Clause 11, Article 1 of Decree No. 113/2017/NĐ-CP which has been amended and supplemented at Clause 1, Article 8 of Decree No. 17/2020/NĐ-CP dated February 5, 2020 of the Government amending and supplementing certain articles of Decrees related to business conditions in the field of management under the Ministry of Industry and Trade as follows:

“11. The following products are not subject to chemicals regulated by this Decree:

a) Pharmaceuticals; antibacterial and insecticide preparations; foodstuffs; cosmetics;

b) Feed for livestock; veterinary drugs; plant protection products; organic fertilizers, biological fertilizers, chemical fertilizers that are mixed fertilizers, mineral organic fertilizers, biological mineral fertilizers; products for preserving, processing agricultural, forestry, marine, and food products;

c) Radioactive materials; construction materials; paints, printing ink;

d) Adhesives used in household applications and cleaning products used in household applications;

đ) Petrol, diesel according to laws on petrol and diesel; condensate, naphta used in petrol refining.”

2. Amend Clause 3, Article 9 as follows:

“3. Organizations and individuals, except those specified in Article 10a of this Decree, may only produce and trade chemicals subject to production and trading conditions in the industrial sector after being granted a Certificate of Compliance by the competent authority and must maintain compliance with the conditions stipulated in Clauses 1 and 2 of this Article throughout their production and trading activities. In case organizations and individuals no longer meet the conditions, their Certificate of Compliance will be revoked in accordance with Clause 2, Article 18 of the Law on Chemicals.”

3. Amend Article 10 as follows:

Article 10. Documents, procedures, and processes for issuing Certificates of Compliance for producing and trading chemicals subject to production and trading conditions in the industrial sector

1. Documents for requesting issuance of a Certificate of Eligibility for Producing Conditioned Chemicals

a) A request for issuance of a Certificate of Compliance for producing chemicals subject to production and trading conditions in the industrial sector;

b) A copy of the Enterprise Registration Certificate or Cooperative Registration Certificate or Business Household Registration Certificate;

c) A copy of the Decision approving or confirmation documents related to environmental protection in accordance with the law issued by the competent state management agency;

d) A copy of the acceptance certificate regarding fire prevention and firefighting from the Fire Prevention and Fighting Police Department for each production facility required to undergo design review for fire prevention and firefighting;

Inspection report on fire safety or a document from the competent authority proving compliance with fire safety requirements for each production facility not required to undergo design review for fire prevention and firefighting;

đ) Overall floor plan drawings of the factory buildings and warehouses, including information about the location of the factory buildings, warehouses, chemical storage areas, area sizes, and access routes to the factory buildings and production and chemical storage areas; Copies of documents proving ownership rights to the land for constructing factory buildings and warehouses or Leases for factory buildings and warehouses;

e) Declaration of technical equipment, labor protective gear, and safety facilities of the chemical production facility;

g) A copy of the Bachelor's degree or higher in chemistry of the General Director or Deputy General Director in charge of technology or technical staff responsible for chemical production activities of the production facility;

h) A copy of the decision recognizing the results of chemical safety training of organizations and individuals in accordance with Point đ, Clause 4, Article 34 of this Decree;

i) Safety data sheets of hazardous chemicals in the production facility as prescribed.

2. Documents for requesting issuance of a Certificate of Eligibility for Trading Conditioned Chemicals

a) A request for issuance of a Certificate of Compliance for trading chemicals subject to production and trading conditions in the industrial sector;

b) A copy of the Enterprise Registration Certificate or Cooperative Registration Certificate or Business Household Registration Certificate;

c) Declaration of each trading location;

d) A copy of the Decision approving or confirmation documents related to environmental protection in accordance with the law issued by the competent state management agency;

đ) A copy of the acceptance certificate regarding fire prevention and firefighting from the Fire Prevention and Fighting Police Department for each chemical warehouse required to undergo design review for fire prevention and firefighting;

Inspection report on fire safety or a document from the competent authority proving compliance with fire safety requirements for each chemical warehouse not required to undergo design review for fire prevention and firefighting;

e) Overall floor plan drawings of each trading location, including information about the location of the warehouses, chemical storage areas, area sizes, and access routes to the chemical storage areas; Copies of documents proving ownership rights to the land for constructing warehouses or Leases for warehouses in cases of rental or Purchase agreements or arrangements for purchasing chemicals in cases where warehouses belong to organizations or individuals selling or buying chemicals;

g) Declaration of technical equipment, labor protective gear, and safety facilities of each trading location for chemicals;

h) A copy of the diploma of secondary level or higher in chemistry of the person in charge of chemical safety;

i) A copy of the decision recognizing the results of chemical safety training of organizations and individuals in accordance with Point đ, Clause 4, Article 34 of this Decree;

k) Safety data sheets for dangerous chemicals at the business premises in accordance with regulations.

3. Documents for requesting issuance of a Certificate of Eligibility for Producing and Trading Conditioned Chemicals

a) A request for issuance of a Certificate of Eligibility for Production and Business of Conditioned Chemicals in the industrial sector.

b) A copy of the Enterprise Registration Certificate or Cooperative Registration Certificate or Business Household Registration Certificate;

c) An inventory of each production facility and business location for chemicals.

d) A copy of the decision approving or confirmation document related to environmental protection materials according to laws issued by competent state management agencies for each production facility and chemical storage warehouse.

đ) A copy of the acceptance certificate regarding fire prevention and firefighting issued by the Fire Prevention and Fighting Police Department for each production facility and chemical storage warehouse that must undergo design review for fire prevention and firefighting.

Inspection records on fire prevention and firefighting safety or documents from authorized agencies proving compliance with fire prevention and firefighting safety conditions for each production facility and chemical storage warehouse not required to undergo design review for fire prevention and firefighting.

e) Overall floor plan drawings of each production facility and business location for chemicals, which must include information about the positions of workshops, warehouses, chemical storage areas, area sizes, and access routes to workshops and production and storage areas; Copies of documents proving ownership rights for land used to build production facilities and warehouses or lease contracts for workshops and warehouses, or purchase and sale agreements for chemicals in cases where organizations or individuals use warehouses owned by other organizations or individuals for purchasing or selling chemicals.

g) Inventories of technical equipment, labor protective gear, and safety equipment at each production and business facility for chemicals.

h) Copies of bachelor's degree or higher diplomas in chemistry for the General Director or Deputy Technical Director or responsible technical staff overseeing chemical production activities at production facilities; Copies of diplomas at the college level or higher in chemistry for personnel responsible for chemical safety.

i) A copy of the decision recognizing the results of chemical safety training of organizations and individuals in accordance with Point đ, Clause 4, Article 34 of this Decree;

k) Safety data sheets for dangerous chemicals at production and business facilities for chemicals in accordance with regulations.

4. The Department of Industry and Trade where the organization or individual has its main office is responsible for reviewing, issuing, reissuing, and amending Certificates of Eligibility for Production and Business of Conditioned Chemicals in the industrial sector for organizations and individuals.

5. Procedures and formalities for reviewing and issuing the Certificate of Eligibility

a) Organizations and individuals requesting issuance of a Certificate of Eligibility shall submit one set of application documents via postal service, direct submission, or through the online public service system to the competent authority issuing the Certificate as stipulated in Clause 4 of this Article.

b) In cases where the application documents are incomplete or invalid, within three working days from the date of receipt of the documents, the competent authority issuing the Certificate shall notify the organization or individual to supplement and complete the documents. The time taken to complete the documents will not be included in the time limit for issuing the Certificate as specified in Points c and d of this Clause.

c) In cases where the production and business facilities of the organization or individual are located in the same province as their main office, within twelve working days from the date of receiving valid application documents as stipulated in Clauses 1, 2, and 3 of this Article, the competent authority issuing the Certificate shall examine and approve the application documents, inspect actual conditions, and issue the Certificate of Eligibility to the organization or individual. If the Certificate is not issued, the competent authority issuing the Certificate must provide a written response stating the reasons.

d) In cases where the organization or individual has production and business facilities in a different province from their main office, within three working days from the date of receiving valid application documents as stipulated in Clauses 1, 2, and 3 of this Article, the competent authority issuing the Certificate shall send copies of the application documents for the Certificate to the Department of Industry and Trade in the province where the production and business facilities are located for comments. Within nine working days from the date of receipt of the application documents, the Department of Industry and Trade in the province where the production and business facilities are located shall inspect actual conditions of the facilities under its jurisdiction and provide written comments on whether they meet the requirements as stipulated in Clauses 1 and 2 of Article 9 of this Decree. The competent authority issuing the Certificate shall examine and approve the application documents and issue the Certificate of Eligibility to the organization or individual no later than three working days from the date of receipt of the written comments from the Department of Industry and Trade in the province where the production and business facilities are located confirming that the conditions have been met, while sending one copy to the Department of Industry and Trade in the province where the production and business facilities are located for coordinated management. The format of the Certificate is prescribed in Appendix VI promulgated together with this Decree. If the Certificate is not issued, the competent authority issuing the Certificate must provide a written response stating the reasons.

6. Application Documents, Procedures, and Formalities for Reissuing the Certificate of Eligibility

a) In cases where the Certificate of Eligibility is lost, erroneous, damaged, or there are changes in the registration information of the organization or individual, the organization or individual shall submit one set of application documents for reissuance of the Certificate and send them to the competent authority issuing the Certificate via postal service, direct submission, or through the online public service system.

b) Application documents for reissuance of the Certificate include: A request for reissuance of the Certificate; the original Certificate already issued in cases where the Certificate is erroneous or there are changes in the organization or individual's information; the remaining identifiable portion of the original Certificate in cases where the Certificate is damaged.

Within five working days from the date of receiving complete and valid application documents, the competent authority issuing the Certificate shall inspect and reissue the Certificate of Eligibility to the organization or individual, while sending one copy to the Department of Industry and Trade in the province where the production and business facilities are located. If the Certificate is not reissued, the competent authority issuing the Certificate must provide a written response stating the reasons.

7. Documents, procedures, and formalities for amending the Certificate of Eligibility

a) In cases where there is a change in the production and business premises location; type, scale, or category of chemicals produced or traded, organizations or individuals shall prepare one set of documents to request the amendment of the Certificate of Eligibility and submit it to the competent authority issuing the Certificate of Eligibility via postal service, direct submission, or through the online public service system.

b) The documents for requesting the amendment of the Certificate of Eligibility include: A letter requesting the amendment of the Certificate of Eligibility; the original Certificate of Eligibility already issued; documents and evidence proving compliance with the conditions for producing and trading regulated chemicals for the amended contents.

c) The procedures and formalities for amending the Certificate of Eligibility shall be carried out as if applying for a new Certificate of Eligibility.

8. The Department of Industry and Trade at the location where the organization or individual has established their production and business premises shall conduct inspections, examinations, and supervision over the implementation of regulations on conditions for producing and trading regulated chemicals by organizations and individuals under its jurisdiction.

9. The Ministry of Industry and Trade shall develop and implement plans for regular inspections and examinations or spot checks when necessary regarding the implementation of regulations on conditions for producing and trading regulated chemicals by organizations and individuals under its jurisdiction.

10. Responsibilities of organizations and individuals granted the Certificate of Eligibility

a) During the process of chemical activities, organizations and individuals must ensure the conditions stipulated in Article 9 of this Decree;

b) Retain the Certificate of Eligibility already issued at the production and business premises as a basis for organizations and individuals to carry out safety control work at chemical facilities and present them to competent authorities upon request;

c) Implement reporting requirements as prescribed in Clause 1 and Clause 2 of Article 36 of this Decree.

11. The forms in the application documents for issuance, reissuance, amendment, and the model of the Certificate of Eligibility for producing and trading regulated chemicals in the industrial sector are specified in Appendix VI attached to this Decree.”

4. Add Article 10a after Article 10 as follows:

“Article10a.Cases not requiring the issuance of a Certificate of Eligibility for producing and trading regulated chemicals in the industrial sector

1. Diluting and mixing chemicals without chemical reactions forming regulated chemicals in the industrial sector for use in other production processes or products of the same organization or individual.

2. Chemical components in mixtures listed in the Catalogue of Regulated Chemicals in the Industrial Sector with a concentration in the mixture less than 0.1%.”

5. Add Article 11a following Article 11 as follows:

“Article 11a. Management and Control of Industrial Precursors

1. Organizations and individuals using industrial precursors to produce other products or goods must comply with the provisions of Chapter V of the Law on Chemicals and the following regulations:

a) Must have complete invoices for purchasing industrial precursors, documents proving origin, information about manufacturers, importers, or suppliers of various types of industrial precursors; have warehouse entry and exit records;

b) Must establish a record of the use of industrial precursors. The record includes the following information: Name of industrial precursor, quantity purchased (imported or purchased domestically), quantity used, inventory quantity; purpose of using the industrial precursor.

2. During the use of industrial precursors, organizations and individuals must take measures to manage and control industrial precursors and bear legal responsibility for any loss of industrial precursors.”

6. Amend some points and clauses in Article 12 as follows:

a) Amend point a clause 2 as follows:

“a) A letter requesting the issuance of an Export and Import Permit for industrial precursors;

b) Amend clause 8 as follows:

“8. The Chemical Administration (Ministry of Industry and Trade) is responsible for receiving applications, issuing, reissuing, amending, and extending Export and Import Permits for industrial precursors through the National Single Window System.”

c) Amend clause 9 as follows:

“9. The forms in the application documents for issuance, reissuance, amendment, extension, and the model of the Export and Import Permit for industrial precursors are specified in Appendix VI attached to this Decree.”

7. Amend clause 4 of Article 15 as follows:

“4. Organizations and individuals, except those specified in Article 16a of this Decree, may only produce and trade restricted chemicals in the industrial sector after obtaining a permit from the competent authority and must maintain the conditions stipulated in Clauses 1, 2, and 3 of this Article throughout their production and trading activities. If organizations or individuals no longer meet these conditions, their permits will be revoked according to Clause 2 of Article 18 of the Law on Chemicals.”

8. Amend and supplement some points and clauses in Article 16 as follows:

a) Amend point a, Clause 1 as follows:

“a) A letter requesting the issuance of a Production Permit for restricted chemicals in the industrial sector according to the form specified in Appendix VI attached to this Decree;”

b) Amending Point a Clause 2 as follows:

“a) A letter requesting the issuance of a Trading Permit for restricted chemicals in the industrial sector according to the form specified in Appendix VI attached to this Decree;”

c) Add Clause 2a after Clause 2 as follows:

“2a. Application documents for issuing a Production and Trading Permit

a) A letter requesting the issuance of a Production and Trading Permit for restricted chemicals in the industrial sector according to the form specified in Appendix VI attached to this Decree;

b) The documents specified from point b to point k Clause 3 of Article 10 of this Decree;

c) Description of the production technology process for restricted chemicals in the industrial sector.”

d) Amend point b Clause 4 as follows:

"b) The application dossier for reissuing the Permit includes: A request for reissuing the Permit according to the form prescribed in Appendix VI issued together with this Decree; the original Permit that has been issued in case the Permit contains errors or changes in the registration information of organizations or individuals; the remaining identifiable part of the original Permit in case the Permit is damaged;"

d) Amend Point b Clause 5 as follows:

"b) The application dossier for amending the Permit includes: A request for amending the Permit according to the form prescribed in Appendix VI issued together with this Decree; the original Permit that has been issued; documents and evidence proving compliance with production and business conditions for the amended contents;"

e) Amend Point a Clause 7 as follows:

"a) The Chemical Agency (Ministry of Industry and Trade) shall be responsible for receiving and organizing the review of applications for issuing, reissuing, and amending Permits for producing and trading restricted chemicals in the industrial sector. The Ministry of Industry and Trade has the authority to issue, reissue, and amend such Permits and set their validity period; develop and implement plans for regular inspections or spot checks when necessary regarding activities of producing and trading restricted chemicals in the industrial sector;"

g) Add Clause 8 after Clause 7 as follows:

"8. The forms in the application dossier for issuing, reissuing, and amending Permits, and the form of the Permit for producing and trading restricted chemicals in the industrial sector are prescribed in Appendix VI issued together with this Decree."

9. Add Article 16a after Article 16 as follows:

"Article 16a. Cases Not Requiring Issuance of a Permit for Producing and Trading Restricted Chemicals in the Industrial Sector

1. Diluting and mixing chemicals without chemical reactions forming restricted chemicals in the industrial sector for use in other processes or product manufacturing by the same organization or individual.

2. The component of chemicals in a mixture listed in the Catalogue of Restricted Chemicals in the Industrial Sector having a concentration lower than 0.1% in the mixture."

10. Amend and supplement some Points and Clauses in Article 20 as follows:

a) Amend Clause 4 as follows:

"4. Application dossier for reviewing the Emergency Prevention and Response Plan for Chemical Accidents

a) A request for reviewing the Emergency Prevention and Response Plan for Chemical Accidents according to the form prescribed in Appendix VI issued together with this Decree;

b) The Emergency Prevention and Response Plan for Chemical Accidents comprising nine copies. The presentation, layout, and content of the Emergency Prevention and Response Plan for Chemical Accidents shall follow the model prescribed in Appendix VI issued together with this Decree."

b) Amend Point c Clause 8 as follows:

"c) Annually, chemical facilities must organize drills of emergency response plans included in the Plan under the supervision or direction of representatives from local specialized management agencies;"

c) Add Clause 11 after Clause 10 as follows:

"11. The Ministry of Industry and Trade shall establish forms to be used in the process of preparing application dossiers and reviewing, approving emergency prevention and response plans for chemical accidents; and the certification form on the back cover page of the Plan after approval. The form of the request and the decision on approving the emergency prevention and response plan for chemical accidents are prescribed in Appendix VI issued together with this Decree."

11. Amend and supplement some Points and Clauses in Article 21 as follows:

a) Amend Clause 2 as follows:

"2. Measures for preventing and responding to chemical accidents include basic provisions stipulated in Clause 3 of Article 36 of the Law on Chemicals. Organizations and individuals shall develop Measures for Preventing and Responding to Chemical Accidents according to the form prescribed in Appendix VI issued together with this Decree."

b) Add Point d after Point c Clause 3 as follows:

"d) Annually, chemical facilities must organize drills of emergency response plans included in the Measures for Preventing and Responding to Chemical Accidents under the supervision or direction of representatives from local specialized management agencies if the facility stores hazardous chemicals requiring the establishment of an Emergency Prevention and Response Plan for Chemical Accidents but below the threshold specified in Appendix IV issued together with this Decree."

12. Amend Article 23 as follows:

"Article 23. Classification of Chemicals

The classification of chemicals shall be carried out according to the rules and technical guidelines of the Globally Harmonized System (GHS), starting from Version 2 in 2007. GHS Version 2 includes the following main classifications:

13. Amend Item 4 at Clause 1 of Article 24 as follows:

14. Amend and supplement some Points and Clauses in Article 27 as follows:

a) Amend Point b Clause 4 as follows:

"b) Information declared and feedback on declaration of imported chemicals through the National Single Window Portal according to the model prescribed in Appendix VI issued together with this Decree. Feedback information on declaration of imported chemicals has legal value for customs clearance procedures. After chemicals are cleared, the Customs Authority's system sends back the status of clearance including declaration forms, chemicals, quantities of chemicals cleared through the National Single Window Portal and the Ministry of Industry and Trade’s system."

b) Supplement Clause 4a after Clause 4 as follows:

"4a. Chemicals requiring special control when importing"

"a) Hazardous chemicals that need to be controlled during the declaration process for imported chemicals include: nitric oxide, cyanide compounds, mercury and mercury compounds;"

"b) Within 16 working hours from the time the Ministry of Industry and Trade's system receives the declaration dossier for cases specified in point a of this clause, the agency responsible for receiving declaration information of the Ministry of Industry and Trade (Chemical Department) shall check the dossier and provide feedback on the declaration of imported chemicals to the declaring organizations and individuals. In case the dossier is not valid, the agency responsible for receiving declaration information of the Ministry of Industry and Trade (Chemical Department) will send feedback through the National Single Window Portal to the declaring organization or individual to supplement and complete the dossier. Invalid dossiers include: total quantity of imported chemicals from the beginning of the year to the declaration time exceeds the permitted quantity for the year, attached documents do not comply with Clause 3 of this Article, inaccurate declaration information of imported chemicals. If the dossier is valid, the agency responsible for receiving declaration information of the Ministry of Industry and Trade (Chemical Department) will approve the dossier and provide feedback on the declaration information, which will be sent through the National Single Window Portal to the declaring organization or individual and the customs authority."

"c) Amend Clause 6 as follows:"

"6. Responsibilities of organizations and individuals implementing chemical declarations through the National Single Window Portal"

Organizations and individuals must bear legal responsibility for the accuracy of the declaration information according to the available form on the National Single Window Portal and all documents, certificates, electronic data in the declaration dossier of chemicals through the National Single Window Portal. In case the declaration information is inaccurate, the electronic declaration dossier serves as the basis for authorized organizations to impose administrative penalties. Organizations and individuals are responsible for storing the declaration dossier to present to authorized agencies upon request, with a minimum retention period of five years."

"15. Add Clause 6 after Clause 5 of Article 28 as follows:"

"6. The components of chemicals in mixtures listed in the Declaration List must have a concentration in the mixture less than 0.1%."

"16. Amend Clause 1 of Article 31 as follows:"

"1. Organizations and individuals engaged in chemicals activities are responsible for organizing chemical safety training or sending the subjects specified in Article 32 of this Decree to participate in chemical safety training courses organized by training organizations and conducting regular training at least once every two years. The initial training duration is stipulated in Clause 6 of Article 33 of this Decree. The subsequent regular training duration is 50% of the initial training duration, except in cases where retraining is required as stipulated in Clause 3 of this Article."

"17. Add some points and clauses in Article 33 as follows:"

"a) Add Point e after Point d of Clause 3 as follows:"

"e) Practical content at chemical operation facilities: Identifying hazardous characteristics of chemicals and practicing procedures to handle typical chemical incidents at chemical operation facilities."

"b) Add Point d after Point c of Clause 4 as follows:"

"d) Practical content at chemical operation facilities: Identifying hazardous characteristics of chemicals and practicing procedures to handle typical chemical incidents at chemical operation facilities."

"18. Amend some points and clauses in Article 36 as follows:"

"a) Amend Point a of Clause 1 as follows:"

"a) Before February 15 each year, organizations and individuals engaged in chemicals activities are responsible for reporting a summary of the previous year's chemical operations on the National Chemical Database System;"

"b) Amend Point a of Clause 3 as follows:"

"a) Before March 1 each year, local sector management agencies are responsible for reporting chemical management work on the National Chemical Database System;"

"19. Add some chemicals to Appendix I of Decree No. 113/2017/NĐ-CP - List of Chemicals Subject to Production and Business Conditions in the Industrial Sector as follows:"

Note:

(1): HS code for reference

(2): When the list of precursors issued by the Government is amended, supplemented, or replaced, it shall be implemented according to the new list. The list of Group 1 precursors (List IVA of the Decree promulgating lists of narcotic drugs and precursors); the list of Group 2 precursors (List IVB of the Decree promulgating lists of narcotic drugs and precursors)

"20. Amend item number 231 Table 1 of Appendix IV of Decree No. 113/2017/NĐ-CP - List of Dangerous Chemicals Required to Develop Emergency Response Plans as follows:"

21. Supplement certain chemicals to Appendix V of Decree No. 113/2017/NĐ-CP - List of Chemicals that Must be Reported as follows:

Note:Article 2. Replace and abolish some contents of Decree No. 113/2017/NĐ-CP

1. Replace the phrase "goods" with the phrase "chemical mixture" in Clause 1, Article 13 of Decree No. 113/2017/NĐ-CP.

2. Abolish Point c Clause 2, Article 16, Point b, Point d Clause 9, Article 20, Point a Clause 5, Article 21 of Decree No. 113/2017/NĐ-CP.

3. Replace Appendix II and Appendix VI of Decree No. 113/2017/NĐ-CP with Appendix II and Appendix VI issued together with this Decree.

1. This Decree takes effect from December 22, 2022. Clause 14 of Article 1 of this Decree amending Article 27 of Decree No. 113/2017/NĐ-CP shall take effect one year after this Decree takes effect.

Article 3. Implementation Provisions

2. For projects, mercury storage facilities and mercury compound storage facilities over 01 kg that have been put into operation before this Decree takes effect and have not yet been approved by competent authorities for Chemical Accident Prevention and Response Plans, must develop such plans and submit them to competent state management authorities for review and approval within two years from the date this Decree takes effect.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree.

DEPUTY PRIME MINISTER