THE GOVERMENT --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 113/2017/ND-CP	Hanoi, October 09, 2017

 

DECREE

SPECIFYING AND PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW ON CHEMICALS

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Law on Drug prevention and fighting dated December 09, 2000; Law on Amendments to certain articles of the Law on Drug prevention and fighting dated June 03, 2008;

Pursuant to the Law on Investment January 26, 2014; Law on Amendments to Article 6 and Appendix No. 4 on the list of conditional business lines of the Law on Investment dated November 22, 2016;

At the request of the Minister of Industry and Trade;

The Government promulgates a Decree specifying and providing guidelines for implementation of certain articles of the Law on Chemicals.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with and provides guidelines for implementation of certain articles of the Law on Chemicals with the following contents:

1. General requirements for safety in chemical production and trade.

2. Conditional industrial chemicals; requirements, application and procedures for a certificate of eligibility for production or trade in conditional industrial chemicals (hereinafter referred to as “certificate”).

3. Requirements for industrial precursor chemical production and trade; application and procedures for issuance of a license for industrial precursor chemical export/import.

4. Restricted industrial chemicals; requirements, application and procedures for issuance of a license for restricted industrial chemical production/trade.

5. Banned chemicals and toxic chemicals.

6. Plans and measures for prevention of and response to chemical emergencies.

7. Safety distance of hazardous chemical factories/stores.

8. Classification of chemicals and safety data sheets.

9. Declaration on chemicals and information about chemicals.

10. Training courses in chemical safety.

Article 2. Regulated entities

This Decree applies to entities having chemical-related activities; and entities involving in chemical-related activities in the territory of the Socialist Republic of Vietnam.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “chemical production" is an act of producing chemicals through chemical reactions, biochemical process or physical and chemical processes such as extraction, concentration, dilution, mixing, etc.

2. “chemical trade” includes sale, export and import of chemicals to provide chemicals on the market for profitable purposes.

3. “chemical extraction and packaging” means the use of equipment and tools to extract pure or bulk chemicals into packages or from one package to another with no change to the chemical composition and characteristic properties, content and nature of the chemicals.

4. “GHS" is an acronym for the Globally Harmonized System of Classification and Labelling of Chemicals.

5. “industrial precursor chemicals” are chemicals used as raw materials, solvents, catalysts in production, scientific research, analyses, testing, and are indispensable chemicals used in the preparation process and production of narcotics and specified in the list issued by the Government. The list of industrial precursor chemicals shall be classified into 2 groups according to their hazards to manage and supervise:

a) “Group 1 industrial precursor chemicals” are indispensable chemicals used in the preparation process and production of narcotics;

b) “Group 2 industrial precursor chemicals” are indispensable chemicals used as reagents or solvents in the preparation process and production of narcotics.

Chapter II

CHEMICAL PRODUCTION AND TRADE

Section 1. GENERAL REQUIREMENTS FOR SAFETY IN CHEMICAL PRODUCTION AND TRADE

Article 4. Factories and warehouses

1. Factories shall satisfy requirements national technical regulations and standards, nature, scale and production and storage technology of chemicals.

2. Factories and warehouses shall have emergency exits. The emergency exit shall be clearly marked, lighted and designed to facilitate the escape and rescue in case of an emergency.

3. Ventilation systems of factories and warehouses shall satisfy ventilation system regulations and standards.

4. Lighting systems shall meet requirements for chemical production and storage. Electrical equipment in factories and warehouses storing flammable and explosive chemicals shall meet fire safety standards.

5. Floors of chemical factories and warehouses shall be resistant to chemicals, load and good drainage.

6. Chemical factories and warehouses shall have regulations on chemical safety and warning signs hanged in visible places corresponding to the hazards of chemicals. Such signs shall display information about chemical identification numbers; warning graphics and words. If a chemical substance poses various types of hazards, its warning symbols shall specify all types of such hazards. Instruction signs specifying safety procedures shall be equipped at areas producing hazardous chemicals.

7. Factories and warehouses shall have lightning arrester systems or and inspections carried out periodically.

8. The bunds should be built around storage tanks to prevent chemicals from exposing to the environment when a chemical emergency occurs and take preventive measures for fire and lightning. 

9. Factories and warehouses shall satisfy requirements for fire and environmental safety, occupational safety and hygiene according to regulations of relevant law.

Article 5. Technology, equipment, tools and packages

1. Chemical production technology shall be selected to minimize the threat of chemical emergencies, environmental pollution and ensure fire safety.

2. Technical equipment shall satisfy general requirements for safety in accordance with national technical regulations and standards, types of chemicals and technological process to meet the production capacity and business scale. Machines, equipment and materials subject to strict requirements for occupational safety and hygiene and testing measurement equipment shall be inspected, calibrated and maintained in line with regulations on machine and equipment inspection.

3. Requirements for packages_0}

a) Containers and packages must be tight, firm and resistant to chemicals, weather and normal impacts when handling. Used packages shall be stored separately. Before filling chemicals, filling station shall check chemical packages and containers and clean the used packages to eliminate the possibility of reaction or fire when filling chemicals. Containers and packages that have been used but not reused shall be collected and disposed of in accordance with regulations of law on environmental protection;

b) Chemical containers and packages shall have labels specifying the contents prescribed in regulations of law on chemical labeling. Chemical labels must be stated clearly and resistant to effects of chemicals, weather and normal impacts when handling.

Article 6. Storage and transport

1. Hazardous chemicals shall be classified and stored according to the nature of each chemical substance.  It is not allowed to store chemicals that are likely to react together or subject to requirements for chemical and fire safety in the same area.

2. Chemicals in the warehouse shall be stored according to national technical regulations and standards to ensure safety and facilitate response to chemical emergencies.

3. Chemical transport process shall be carried out under regulations on transporting dangerous goods.

Article 7. Extraction and packaging

1. Chemical extraction and packaging shall be carried out in an area where requirements for fire and environmental safety, occupational safety and hygiene are satisfied according to regulations of relevant law.

2. Equipment used for chemical extraction or packaging shall meet general safety requirements under national technical regulations and standards. Machines, equipment and materials subject to strict requirements for safety and testing measurement equipment shall be inspected, calibrated and maintained in line with regulations on machine and equipment inspection.

3. Chemical packages and containers after extracting or packaging chemicals shall meet the requirements mentioned in Clause 3 Article 5 herein.

4. Employees responsible for chemical extraction or packaging shall be provided with training courses in chemical safety.

Section 2. PRODUCTION AND TRADE IN CONDITIONAL INDUSTRIAL CHEMICALS

Article 8. Conditional industrial chemicals

Conditional industrial chemicals include:

1. Chemicals on the list of conditional industrial chemicals stated in Appendix I attached hereto.

2. Mixtures of chemicals specified in Appendix I and Appendix II not subject to restricted industrial chemicals mentioned in Article 14 herein that are classified according to Article 23 herein subject to at least one of the following groups:

a) Category 1/Category 2/Category 3 or type A/B/C/D hazardous material;

b) Category 2 and Category 3 acute toxicity (through variable exposures);

c) Category 1/Category 2/Category 2A serious eye damage/eye irritation;

d) Category 1 and Category 2 skin corrosion/irritation;

dd) Category 2 carcinogenicity, germ cell mutagenicity or reproductive toxicity;

e) Category 1 environmental hazard.

Article 9. Requirements for issuance of certificates

1. Production requirements

a) The applicant is an enterprise, cooperative or household business that is established in accordance with regulations of law and licensed to produce chemicals;

b) The applicant’s facilities meet production requirements specified in Article 12 of the Law on Chemicals; Article 4; Clause 1 and Clause 2 Article 5; Clause 1 and Clause 2 Article 6 herein;

c) Areas of the factory and warehouse meet national technical regulations and standards. The factory has adequate area to install production lines in line with design capacity, ensure production process and technological requirements;

d) The technical director, deputy technical director or technicians responsible for chemical production have at least a bachelor's degree in chemicals;

dd) The individuals mentioned in Article 32 herein have been provided with training courses in chemical safety.

2. Trading requirements

a) The applicant is an enterprise, cooperative or household business that is established in accordance with regulations of law and licensed to trade in chemicals;

b) The applicant’s facilities meet trading requirements specified in Article 12 of the Law on Chemicals; Article 4; Clause 2 Article 5; Clause 1 and Clause 2 Article 6 herein;

c) Area and location of the warehouse meet national technical regulations and standards;

d) The chemical store or premises satisfies requirements for chemical and fire safety;

dd) Chemical containers and packages ensure the quality and environmental safety; vehicles transporting chemicals shall comply with regulations of law;

e) The warehouse or the agreement on lease of warehouse or use of the warehouse of the chemical buyer or seller satisfies requirements for chemical and fire safety;

g) Any person responsible for chemical safety of the chemical store has at least an intermediate school’s degree in chemicals.

h) The individuals mentioned in Article 32 herein have been provided with training courses in chemical safety.

3. The producer or trader of conditional industrial chemicals after having the certificate granted by a competent authority shall fulfill the requirements stated in Clause 1 or Clause 2 this Article during the production or trading process. The chemical producer and trader no longer fulfilling such requirements shall have their certificates revoked according to the provision of Clause 2 Article 18 of the Law on Chemicals.

Article 10. Applications and procedures for issuance of certificates

1. Application for the certificate submitted by the chemical producer

a) A completed application form for the certificate provided in the specimen mentioned in Clause 7 this Article;

b) A copy of either of the enterprise/cooperative/household business registration certificate;

c) A copy of the written approval or confirmation of documents related to environmental safety issued by the competent state authority;

d) A copy of the written approval of the fire safety design and commissioning of fire safety systems made by the competent authority if the approval of fire safety design is required for each factory;

A record on inspection of fire safety or a document proving thereof issued by the competent authority if the approval of fire safety design is not required for each factory;

dd) A master plan of the factory and warehouse and contents of the plan shall provide information about the location of the factory or warehouse, chemical storage areas, area and path to the factory, chemical production areas and warehouse; A copy of the document proving the use rights to the piece of land used for factory/warehouse construction or the factory/warehouse lease agreement.

e) A declaration of technical equipment and personal protective equipment in the chemical factory;

g) A copy of the bachelor's degree or higher degree in chemicals of the technical director, deputy technical director or technicians of the producer;

h) A copy of the training document on chemical safety stated in Clause 4 Article 34 herein;

i) Safety data sheets of every hazardous chemical in the factory.

2. Application for the certificate submitted by the chemical trader

a) A completed application form for the certificate provided in the specimen mentioned in Clause 7 this Article;

b) A copy of either of the enterprise/cooperative/household business registration certificate;

c) A list of chemical stores;

d) A copy of the written approval or confirmation of documents related to environmental safety issued by the competent state authority;

dd) A copy of the written approval of the fire safety design and commissioning of fire safety made by the competent authority if the approval of fire safety design is required for each chemical warehouse;

A record on inspection of fire safety or a document proving thereof issued by the competent authority if the approval of fire safety design is not required for each chemical warehouse;

e) A master plan of each store and contents of the plan shall provide information about the location of the warehouse, chemical storage areas, area and path to the warehouse; A copy of the document proving the use rights to the piece of land used for warehouse construction or the warehouse lease agreement in case of leasing the warehouse or the chemical purchase agreement in case of using the warehouse of the chemical buyer or seller.

g) A declaration of technical equipment and personal protective equipment in each store;

h) A copy of the intermediate school’s degree or higher degree in chemicals of the officer responsible for chemical safety;

i) A copy of the training document on chemical safety stated in Clause 4 Article 34 herein;

k) Safety data sheets of every hazardous chemical in the store.

3. Procedures for inspection and issuance of the certificate

a) The applicant for the certificate shall make 1 set of application and send it, by post, in person or through the online public service system, to the certificate-issuing authority mentioned in Clause 6 this Article;

b) If the application is invalid, the certificate-issuing authority shall inform the applicant of additional documents within 3 days from the day on which the application is received. The time for supplementing documents shall not be included in the time limit for issuance of the certificate specified in Point c this Clause;

c) Within 12 working days from the day on which the application stated in Clause 1 or Clause 2 is received, the certificate-issuing authority shall inspect and consider issuing the certificate to the applicant and send a copy of the certificate to the Department of Industry and Trade of the province where the applicant registered its headquarters. The specimen of the certificate is provided in Appendix VI attached hereto. If the application is rejected, the certificate-issuing authority shall provide the applicant with a written explanation.

4. Application and procedures for reissue of the certificate

a) The applicant shall make 1 set of application for reissue of the certificate and send it, by post, in person or through the online public service system, to the certificate-issuing authority in case of loss, damage, wrong information or any change to information about establishment registration of the applicant;

b) The application for reissue of the certificate shall include: A completed application form for reissue of the certificate; the certificate if its information is wrong or information about the applicant is changed; the remaining part of the certificate if it is damaged;

c) Within 5 working days from the day on which the valid application is received, the certificate-issuing authority shall inspect and reissue the certificate to the applicant and send a copy of the certificate to the Department of Industry and Trade of the province where the applicant registered its headquarters. If the application is rejected, the certificate-issuing authority shall provide the applicant with a written explanation.

5. Application and procedures for revision to the certificate

a) The applicant shall make 1 set of application for reissue of the certificate and send it, by post, in person or through the online public service system, to the certificate-issuing authority in case of any change to the location of the applicant's factory or store; type, scale or classification of chemicals to be produced or sold.

b) An application for revision to the certificate shall consist of: A completed application form for revision to the certificate; the certificate; documents proving the fulfillment of production or trading requirements for revised contents;

c) Procedures for revision to the certificate shall be carried out similarly to those for issuance of the certificate.

6. The Department of Industry and Trade of the province where the applicant’s factory/store is located shall inspect and issue, reissue or revise the certificate to the applicant; carry out inspections and supervision of the compliance with requirements for conditional industrial chemical production or trade of the applicant under its management.

7. The Ministry of Industry and Trade shall specify specimens of the documents specified in this Article; develop inspection plans and carry out periodic or ad hoc inspections of the fulfillment of requirements for conditional industrial chemical production or trade under its management.

8. Responsibility of the applicant for the certificate

a) Fulfill the requirements specified in Article 9 herein when engaging in chemical-related activities;

b) Retain the certificate at the factory/store as the basic for supervising safety at the chemical factory/store and present it to competent authorities if required;

c) Make reports in accordance with the provisions of Clause 1 and Clause 2 Article 36 herein.

Section 3. PRODUCTION AND TRADE IN INDUSTRIAL PRECURSOR CHEMICALS

Article 11. Requirements for production and trade in industrial precursor chemicals

1. Production requirements

A producer of industrial precursor chemicals shall fulfill the requirements specified in Clause 1 Article 9 herein, production requirements prescribed in Articles 4, 5, 6 and 7 herein and the following requirements:

a) A logbook should be prepared to record the industrial precursor chemical production.  Such logbook shall specify the produced precursor chemicals, inventories, sold precursor chemicals, headquarters’ address, phone and fax numbers, use purposes of industrial precursor chemicals of the buyer;

b) Industrial precursor chemicals after being produced shall be stored in a separate area in the warehouse or in a separate warehouse.

2. Trading requirements

The trader of industrial precursor chemicals shall fulfill the requirements specified in Clause 2 Article 9 herein, trading requirements prescribed in Articles 4, 5, 6 and 7 herein and the following requirements:

a) There are sufficient invoices and documents proving origins, producers, importers or suppliers of industrial precursor chemicals;

b) A logbook should be prepared to record information about industrial precursor chemicals. Such logbook shall specify the name and address of the headquarters, phone and fax numbers; names of industrial precursor chemicals, purchased and sold industrial precursor chemicals, inventories; use purposes of industrial precursor chemicals of the buyer;

c) Industrial precursor chemicals shall be stored in a separate area in the warehouse or in a separate warehouse.

3. During the production or trading process, the producer or trader shall manage and control industrial precursor chemicals and take responsibility for loss of industrial precursor chemicals (if any).

Article 12. Applications and procedures for issuance of licenses for industrial precursor chemical export/import

1. Exporters/importers of industrial precursor chemicals shall be licensed by a licensing authority. A license for industrial precursor chemicals export/import is required to obtain customs clearance when exporting or importing industrial precursor chemicals.

2. Application for the license for industrial precursor chemical export/import

a) A completed application form provided in the specimen mentioned in Clause 9 this Article;

b) A copy of the first establishment registration certificate of the exporter/importer;

c) A copy of the agreement or any of the following documents: the sale agreement, purchase order, memorandum or invoice specifying the name and quantity of industrial precursor chemicals;

d) A report on export, import, sale, purchase and use of industrial precursor chemicals of the latest license for Group 1 industrial precursor chemicals.

3. Licensing procedures

a) An applicant for the license for industrial precursor chemical export/import shall make 1 set of application and send it, by post, in person or through the online public service system, to the licensing authority mentioned in Clause 8 this Article;

b) If the application is invalid, the licensing authority shall inform the applicant of additional documents within 3 days from the day on which the application is received. The time for supplementing documents shall not be included in the licensing time limit specified in Point c this Clause;

c) Within 7 working days from the day on which the valid application is received, the licensing authority shall inspect the application and issue the license for industrial precursor chemical export/import. The specimen of the license for industrial precursor chemical export/import is provided in Appendix VI attached hereto. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.

4. Duration of the license for industrial precursor chemical export/import

a) For Group 1 industrial precursor chemicals, the license shall be granted to each consignment and valid within 6 months from the date of issue;

b) For Group 2 industrial precursor chemicals, the license shall be valid within 6 months from the date of issue.

5. Application and procedures for reissue of the license

a) The applicant shall make 1 set of application for reissue of the license and send it, by post, in person or through the online public service system, to the licensing authority in case of loss, damage, wrong information or any change to information about establishment registration of the applicant;

b) The application for reissue of the license shall include: A completed application form for reissue of the license; the license if its information is wrong or information about the applicant is changed; the remaining part of the license if it is damaged;

c) Within 5 working days from the day on which the valid application is received, the licensing authority shall inspect the application and reissue the license to the applicant. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.

d) The duration of the reissued license shall be equal to the remaining duration of the issued license.

6. Application and procedures for issuance of the revised license

a) The applicant shall make 1 set of application for revision to the license and send it, by post, in person or through the online public service system, to the licensing authority in case of any change to contents of the agreement, sale agreement, purchase order, memorandum or invoice;

b) The application for issuance of the revised license for industrial precursor chemical export/import shall include: A completed application form for issuance of the revised license; and documents confirming revised contents;

c) Procedures for revision to the license and duration of the license shall be carried out similarly to those for issuance of the license.

7. Application and procedures for extension of the license

a) The license shall be extended if its duration stated in Clause 4 this Article expires but the export or import has not been carried out or finished. The license shall be extended once;

b) At least 5 working days before the license expires, the applicant shall make 1 set of application for extension of the license and send it, by post, in person or through the online public service system, to the licensing authority;

c) The application for extension of the license for industrial precursor chemical export/import shall consist of a completed application form for extension of the license and a copy of the license;

d) Within 5 working days from the day on which the valid application is received, the licensing authority shall inspect the application and grant extension of the license to the applicant. If the application is rejected, the licensing authority shall provide the applicant with a written explanation;

dd) The extension of the license shall not exceed 6 months from the date of granting extension.

8. The Ministry of Industry and Trade shall assign responsible authorities to receive applications, issue, reissue, revise and extend licenses for industrial precursor chemical export/import. When the national single-window website system is connected, receipt of applications, issuance, reissue, revision and extension of licenses for industrial precursor chemicals export/import shall be carried out through this system.

9. The Ministry of Industry and Trade shall specify the specimens of documents mentioned in this Article.

Article 13. Exemption and revocation of licenses for industrial precursor chemical export/import

1. The license for industrial precursor chemical export/import shall be exempted if:

a) The goods containing Group 1 industrial precursor chemicals with content less than 1% of volume;

b) The goods containing Group 2 industrial precursor chemicals with content less than 5% of volume.

2. The license for industrial precursor chemical export/import shall be revoked if the exporter or importer:

a) falsifies contents of the license;

b) uses fake documents or provide incorrect information in the application for the license;

c) ceases operation.

3. The licensing authorities stated in Clause 8 Article 12 herein shall act as authorities revoking licenses for industrial precursor chemical export/import. The exporter or importer shall return the revoked license to the licensing authority within 7 working days from the day on which a decision on revocation is given.

Section 4. PRODUCTION AND TRADE IN RESTRICTED INDUSTRIAL CHEMICALS

Article 14. Restricted industrial chemicals

Restricted industrial chemicals include:

1. Chemicals on the list of restricted industrial chemicals stated in Appendix II attached hereto.

2. Mixtures of chemicals specified in Appendix II attached hereto classified according to Article 23 herein and subject to at least one of the following groups:

a) Category 1 acute toxicity (through variable exposures);

b) Category 1A and Category 1B carcinogenicity;

c) Category 1A and Category 1B reproductive toxicity;

d) Category 1A and Category 1B germ cell mutagenicity.

Article 15. Requirements for issuance of licenses for restricted industrial chemical production or trade

1. Requirements for issuance of the license for restricted industrial chemical production are provided in Clause 1 Article 9 herein.

2. Requirements for issuance of the license for restricted industrial chemical trade are provided in Clause 2 Article 9 herein.

3. Restricted industrial chemicals shall be stored in a separate area in the warehouse or in a separate warehouse.

4. The producer or trader of restricted industrial chemicals after having the license granted by a licensing authority shall fulfill the requirements stated in Clause 1 or Clause 2 and Clause 3 this Article during the production or trading process. The chemical producer and trader no longer fulfilling such requirements shall have their licenses revoked according to the provision of Clause 2 Article 18 of the Law on Chemicals.

Article 16. Applications and procedures for issuance of licenses for restricted industrial chemical production or trade

1. An application for the license submitted by the chemical producer

a) A completed application form provided in the specimen mentioned in Clause 7 this Article;

b) The documents stated from Point b to Point i Clause 1 Article 10 herein;

c) Notes of the technological process of production or trade in restricted industrial chemicals.

2. An application for the license submitted by the chemical trader

a) A completed application form provided in the specimen mentioned in Clause 7 this Article;

b) The documents stated from Point b to Point k Clause 2 Article 10 herein;

c) A written explanation on plans for trading in restricted industrial chemicals made by the chemical trader.

3. Procedures for inspection and issuance of the license

a) The chemical producer or trader (applicant) shall make 1 set of application and send it, by post, in person or through the online public service system, to the licensing authority;

b) If the application is invalid, the licensing authority shall inform the applicant of additional documents within 3 days from the day on which the application is received. The time for supplementing documents shall not be included in the licensing time limit specified in Point c this Clause;

c) Within 16 working days from the day on which the application mentioned in Clause 1 or Clause 2 this Article is received, the licensing authority shall inspect the application, conduct on-site inspections and consider issuing the license to the applicant. The specimen of the license for restricted industrial chemical production and/or trade is provided in Appendix VI attached hereto. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.

4. Application and procedures for reissue of the license

a) The applicant shall make 1 set of application for reissue of the license and send it, by post, in person or through the online public service system, to the licensing authority in case of loss, damage, wrong information or any change to information about establishment registration of the applicant;

b) The application for reissue of the license shall include: A completed application form provided in the specimen mentioned in Clause 7 this Article; the license if its information is wrong or information about the applicant is changed; the remaining part of the license if it is damaged;

c) Within 5 working days from the day on which the valid application is received, the licensing authority shall inspect the application and reissue the license to the applicant. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.

5. Application and procedures for revision to the license

a) The applicant shall make 1 set of application for revision to the license and send it, by post, in person or through the online public service system, to the licensing authority in case of any change to the location of the applicant's factory or store; type, scale or classification of chemicals to be produced or sold.

b) An application for revision to the license shall consist of: A completed application form provided in the specimen mentioned in Clause 7 this Article; the licensing; documents proving the fulfillment of production or trading requirements for revised contents;

c) Procedures for revision to the license shall be carried out similarly to those for issuance of the license.

6. Responsibilities of the producer and trader of restricted industrial chemicals

a) Fulfill the requirements specified in Article 15 herein during the process of producing or trading in chemicals;

b) Retain the license at the factory/store as the basic for supervising safety at the chemical factory/store and present it to competent authorities if required;

c) Make reports in accordance with the provision of Clause 2 Article 36 herein.

7. Responsibilities of state authorities

a) The Ministry of Industry and Trade shall inspect, issue, reissue and revise licenses for restricted industrial chemical production and/or trade; specify specimens of the documents mentioned in this Article; develop inspection plans and carry out periodic or ad hoc inspections of production or trade in restricted industrial chemicals;

b) Departments of Industry and Trade of provinces/central-affiliated cities (hereinafter referred to as “Departments of Industry and Trade of provinces") shall carry out inspections and supervision of compliance with the process of production or trading in chemicals of producers and traders in their provinces and report inspection results to the Ministry of Industry and Trade. Departments of Industry and Trade of provinces shall request the Ministry of Industry and Trade to consider dealing with chemical producers and traders that no longer fulfill the requirements stated in Article 15 herein.

Article 17. Control of restricted industrial chemicals

1. All VAT invoices and sale invoices related to sale and purchase of restricted industrial chemicals shall have names of chemicals specified fully in accordance with the list stated in Appendix II attached hereto.

2. The producer and trader shall only sell restricted industrial chemicals to the following buyers:

a) The buyer purchasing chemicals for trade and fulfilling all requirements for trading in restricted industrial chemicals stated in Article 15 herein;

b) The buyer purchasing chemicals for use and fulfilling all the requirements stated in Chapter V of the Law on Chemicals.

Section 5. BANNED CHEMICALS AND TOXIC CHEMICALS

Article 18. Banned chemicals

1. The list of banned chemicals is provided in Appendix III attached hereto.

2. In special cases for the purposes of serving scientific research, national defense and security, epidemic prevention and response, the production, import and use of banned chemicals shall comply with provisions of Article 19 of the Law on Chemicals and the Government’s regulations.

Article 19. Toxic chemicals

1. Toxic chemicals are the chemicals specified in Clause 5 Article 4 of the Law on Chemicals.

2. Sale and purchase of toxic chemicals shall be recorded in accordance with Article 23 of the Law on Chemicals.

Chapter III

PLANS AND MEASURES FOR PREVENTION OF AND RESPONSE TO CHEMICAL EMERGENCIES AND SAFETY DISTANCE

Article 20. Plans for prevention of and response to chemical emergencies (hereinafter referred to as “plans”)

1. The list of hazardous chemicals along with plans is provided in Appendix IV attached hereto.

2. Investors of projects that involve production, trade, storage or use of chemicals containing at least 1 chemical mentioned in Appendix IV attached hereto with the maximum storage volume at a period of time over or equal to the volume stated in such Appendix shall make plans for every hazardous chemical of projects and submit them to relevant ministries for inspection and approval before putting projects into operation.

3. The plans include basic contents prescribed in Article 39 of the Law on Chemicals.

4. Application for inspection of the plan

a) A completed application form provided in the specimen mentioned in Clause 9 this Article;

b) 9 copies of the plan.

5. The time limit for inspection and approval of the plan is 22 working days from the day on which the valid application is received, excluding the time for supplement the documents specified in Point b and Point d Clause 6 this Article.

6. Procedures for inspection and approval of the plan

a) The applicant shall make 1 set of application and send it, by post, in person or through the online public service system, to an inspecting authority;

b) If the application is invalid, the inspecting authority shall inform the applicant of additional documents within 3 days from the day on which the application is received;

c) After receiving the valid application, the inspecting authority shall carry out inspections of the plan. Inspection of the plan shall be carried out through the inspection council mentioned in Clause 7 this Article;

d) If the plan is rejected, the applicant shall re-make the plan. The application and procedures for inspection shall be carried out similarly to that for the first time;

dd) In the cases where the plan is approved or approved with requirements for revision, the applicant shall fulfill requirements stated in the inspection record and send a physical explanation, 1 soft copy and 7 hard copies of the plan revised at the request of the inspection council to the inspecting authority;

e) After receiving the request from the applicant, the inspecting authority shall consider approving the plan or provide the applicant with a written explanation if the plan is rejected. The specimen of the decision on approval of the plan is provided in Appendix VI attached hereto;

g) On the basis of the approved plan, the inspecting authority shall certify in the title page of the plan and send the decision on approval and the plan to specialized authorities, state authorities responsible for fire and environmental safety of the province; People’s Committees of districts; management unit of an industrial park, export-processing zone or economic zone if the project is located therein.

7. Organization and operation of the inspection council

a) The inspection council is founded by an approving authority of the plan. The inspection council is composed of representatives of the inspecting authority and state authorities of the province where the project is executed, including specialized authorities and state authorities responsible for fire and environmental safety. Such council may include experts in relevant fields;

b) The organizational structure of the inspection council consists of: Chair, Vice Chair, reviewer, secretary and members. The total minimum number of the council is 7 people and maximum is 9 people;

c) The inspection council shall conduct inspection visits of the compliance with regulations on chemical safety, assess and inspect the plan and take responsibility for inspection results;

d) The inspection council shall make decisions through discussions among the council's members and make inspection records in accordance with the prescribed specimen. The plan shall be assessed by votes. The inspection council shall cease operation and dissolve after the plan is approved;

dd) The inspection council shall only convene a meeting with participation of at least 2/3 of the council's members, including the Chair or Vice Chair and at least a reviewer. Only the council's members attending the meeting shall have the rights to vote for the plan;

e) If the Chair or the Vice Chair in case of absence of the Chair, the inspection results shall be concluded according to the following principles: The plan is deemed approved without revision if at least 2/3 of the council’s members attending the meeting approve and the remaining members all approve with requirements for revision; the plan is considered not approved if over 1/3 of the council’s members attending the meeting disapprove the plan; or the plan is approved with requirements for revision in other cases.

8. Responsibilities of entities having approved plans

a) Fulfill the requirements specified in the plan in the course of carrying out chemical-related activities;

b) Retain the plan at the factory/store as the basic for supervising safety at the chemical factory/store and present it to competent authorities if required;

c) Organize rehearsals on the response to chemical emergencies developed in the plan in the presence of representatives of the central or local specialized authorities annually;

d) Submit a report on any change to the investment process and activities related to contents stated in the plan to the inspection authority (if any). Re-making of the plan, application and procedures of inspection and approval of the plan shall be carried out similarly to those in the first time.

9. Responsibilities of relevant ministries

a) Take charge and cooperate with state authorities related to inspection and approval of plans;

b) Provide guidelines for presentation, layout and contents of plans under their management;

c) Develop inspection plans and carry out periodic or ad hoc inspections of the compliance with regulations on plans under their management;

d) Specify specimens of the documents mentioned in this Article.

10. Responsibilities of provincial authorities

Carry out inspections and supervision of the compliance with regulations on plans under their management.

Article 21. Measures for prevention of and response to chemical emergencies (hereinafter referred to as “measures”)

1. Entities proposing measures

a) Investors of projects that involve in production, trade, storage or use of chemicals except for the chemicals mentioned in Clause 2 Article 20 herein shall propose measures before projects come into operation;

b) Investors shall make decisions on issuance of such measures and present to competent authorities if required.

2. The measures include basic contents prescribed in Clause 3 Article 36 of the Law on Chemicals.

3. Responsibilities of entities implementing measures

a) In the course of production, trade, use or storage of chemicals, entities shall comply with contents stated in measures that have been proposed;

b) Measures shall be retained at factories/stores of entities and become the basis for them to carry out supervision of chemical safety;

c) Entities shall revise measures in case of any change to the investment process and activities related to the contents proposed in measures.

4. Responsibilities of provincial authorities

Carry out inspections and supervision of the compliance with regulations on measures by entities under their management.

5. Responsibilities of relevant ministries

a) Provide guidelines for presentation, layout and contents of measures under their management;

b) Develop inspection plans and carry out periodic or ad hoc inspections of the compliance with regulations on measures under their management.

Article 22. Determination of safety distance of hazardous chemical factories/stores

1. The Ministry of Industry and Trade shall take charge and cooperate with relevant ministries and authorities in develop and issue technical regulations on specific safety distance for production, trade, storage or use of hazardous chemicals mentioned in Appendix IV herein.

2. Responsibilities of establishment of the safety distance

a) Projects involving in production, trade, storage or use of hazardous chemicals specified in Appendix IV herein and having the design of factories/stores inspected by inspecting authorities after the effective date of the technical regulations on safety distance shall establish the safety distance for residential areas, public works, historical and cultural sites, places of scenic beauty, natural reserves, national parks, biosphere reserves, habitat conservation zones, marine conservation zones and domestic water sources in the feasibility study reports;

b) Entities shall not construct housing or other works within safety distance, apart from specialized works permitted by a competent state authority;

c) Entities shall maintain the safety distance when making plans for land use and chemical industry and selecting locations for building industrial parks, export-processing zones and relevant projects.

Chapter IV

CLASSIFICATION OF CHEMICALS AND SAFETY DATA SHEETS

Article 23. Classification of chemicals

Chemicals shall be classified according to rules and technical guidance of GHS from Rev. 2 (2007) onwards including:

No.	Classification	Class
I	Hazardous materials
1	Explosives	Unstable explosives	Category 1.1	Category 1.2	Category 1.3	Category 1.4	Category 1.5	Category 1.6
2	Flammable gases	Category 1	Category 2	Combustible gas	Category A	Category B
3	Flammable aerosols	Category 1	Category 2	Category 3
4	Oxidizing gases	Category 1
5	Gases under pressure	Compressed gas	Liquefied gas	Refrigerated liquefied gas	Dissolved gas
6	Flammable liquids	Category 1	Category 2	Category 3	Category 4
7	Flammable solids	Category 1	Category 2
8	Self-reactive substances and mixtures	Type A	Type B	Types C&D	Types E&F	Type G
9	Pyrophoric liquids	Category 1
10	Pyrophoric solids	Category 1
11	Self-heating substances and mixtures	Category 1	Category 2
12	Substances and mixtures which, in contact with water, emit flammable gases	Category 1	Category 2	Category 3
13	Oxidizing liquids	Category 1	Category 2	Category 3
14	Oxidizing solids	Category 1	Category 2	Category 3
15	Organic peroxides	Type A	Type B	Types C&D	Types E&F	Type G
16	Corrosives to metals	Category 1
II	Health hazard
17	Acute toxicity	Category 1	Category 2	Category 3	Category 4	Category 5
18	Skin corrosion/irritation	Category 1A	Category 1B	Category 1C	Category 2	Category 3
19	Serious eye damage/eye irritation	Category 1	Category 2/2A	Category 2B
20	Respiratory sensitization	Category 1
21	Skin sensitization	Category 1
22	Germ cell mutagenicity	Category 1A	Category 1B	Category 2
23	Carcinogenicity	Category 1A	Category 1B	Category 2
24a	Reproductive toxicity	Category 1A	Category 1B	Category 2
24b	Effects on or via lactation
25	Specific target organ toxicity single exposure	Category 1	Category 2	Category 3
26	Specific target organ toxicity repeated exposure	Category 1	Category 2
27	Aspiration toxicity	Category 1	Category 2
III	Environmental hazard
28a	Acute aquatic toxicity	Category 1	Category 2	Category 3
28b	Chronic aquatic toxicity	Category 1	Category 2	Category 3	Category 4

Article 24. Safety data sheets

1. Hazardous chemicals and mixtures containing one or some hazardous substances with content higher or equal to the following level shall be provided with safety data sheets:

No.	Classification of chemicals	Content
1	Acute toxicity	≥ 1.0%
2	Skin corrosion/irritation	≥ 1.0%
3	Serious eye damage/eye irritation	≥ 1.0%
4	Skin/respiratory sensitization	≥ 0.1%
5	Germ cell mutagenicity (Category 1)	≥ 0.1%
6	Germ cell mutagenicity (Category 2)	≥ 1.0%
7	Carcinogenicity	≥ 0.1%
8	Reproductive toxicity	≥ 0.1%
9	Specific target organ toxicity single exposure	≥ 1.0%
10	Specific target organ toxicity repeated exposure	≥ 1.0%
11	Aspiration toxicity (Category 1)	≥ 1.0%
12	Aspiration toxicity (Category 2)	≥ 1.0%
13	Aquatic toxicity	≥ 1.0%

2. Hazardous chemical producers and traders shall provide safety data sheets for entities engaging in chemical-related activities.

3. Safety data sheets shall be made in Vietnamese. The Ministry of Industry and Trade shall take charge and cooperate with relevant ministries and authorities in preparing safety data sheets.

Chapter V

DECLARATION OF CHEMICALS

Article 25. Declared chemicals

1. The list of declared chemicals is provided in Appendix V attached hereto.

2. Declared chemicals include substances on the list of those to be declared and mixtures containing substances on the list of declared chemicals classified according to Article 23 stated herein as hazardous chemicals unless otherwise exempted under the provision of Article 28 stated herein.

Article 26. Declaration of produced chemicals

Chemical producers shall declare chemicals produced every year through the annual reports prescribed in Article 36 herein.

Article 27. Declaration of imported chemicals

1. Chemical importers (declarants) shall declare imported chemicals before customs clearance through the national single-window website.

2. Creating of accounts to get access to the national single-window website

a) The declarant shall create a log-in account according to the specimen provided on the national single-window website, including information and attached files;

b) A declaration-receiving authority may request the declarant to submit the documents and documentation specified in Point a this Clause in hard copy to clarify or confirm information of the declarant if necessary.

3. Information about the declaration of imported chemicals

a) Information declared according to the specimen provided in Appendix VI herein on the national single-window website including information about the declarant and imported chemicals;

b) Sale and purchase invoices of chemicals;

c) Safety data sheets in Vietnamese;

d) For non-commercial goods without chemical purchase or sale invoices, the declarant may use port return papers instead of commercial invoices.

4. Validity of electronic documentation

a) The declarant shall declare information through the national single-window website. Information will be automatically transferred to the system of the Ministry of Industry and Trade and then will automatically respond feedback through the national single-window website to the declarant and the customs. The feedback will become the proof of completion of chemical declaration, as a basis for relevant entities carrying out customs clearance procedures;

b) The information on declaration feedback of imported chemicals through the national single-window website shall be made according to the specimen provided in Appendix VI attached hereto with legal validity for carrying out customs clearance procedures.

5. Arising system errors

If system errors arise and the declarant fails to make declaration through the national single-window website, while pending the settlement of errors, the declarant may declare imported chemicals through the standby system regulated by the declaration-receiving authority.

6. Responsibilities of declarants

The declarant shall take responsibility for accuracy of declared information according to the specimen available on the national single-window website and documents, documentation and electronic data in the set of document on declaration of chemicals through the national single-window website. If the declared information is incorrect, the declarant shall be sanctioned according to applicable regulations. The declarant shall retain the set of documents on declaration of chemicals to present it to competent authorities if required and the duration of retention shall be at least 5 years.

7. The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Finance in developing the declaration-receiving management system; take charge and cooperate with relevant ministries and authorities in carrying out inspections of entities declaring chemicals.

8. Chemical import data of the declarant shall be shared by the Ministry of Industry and Trade with local authorities through the chemical database.

Article 28. Cases where declaration of chemicals is exempted

1. Chemicals produced or imported for the purposes of national security and response to natural disasters and epidemics.

2. Chemicals that are precursor chemicals of narcotics, precursor chemicals of explosives, industrial explosives and chemicals on the chemical table licensed to produce or import.

3. The amount of chemicals is under 10 kg/shipment. Exemption mentioned in this Point shall not apply to restricted industrial chemicals.

4. Chemicals that are raw materials for medicine production issued with certificates of registration for sale of medicines in Vietnam, raw materials for the medicine production that are pharmaceutical substances for production under medicine registration applications which have been granted certificates of registration for sale of medicines in Vietnam.

5. Chemicals that are raw materials for pesticide production with certificates of pesticide registration in Vietnam.

Article 29. Confidential information

1. Confidential information of declarants and reporters mentioned in Clause 2 Article 50 of the Law on Chemicals shall include:

a) Names and quantity of produced/imported/traded chemicals;

b) Information related to technological know-how and trade secrets.

2. Important information for the protection of public health and the environment shall not be considered as confidential information, including:

a) Trade names of chemicals;

b) Names of chemical producers or importers; reporters of chemical-related activities according to Article 43 and Article 52 of the Law on Chemicals;

c) Information stated in safety data sheets, except for confidential information mentioned in Clause 1 this Article;

d) Information serving the prevention of and response to chemical emergencies; prevent and limit adverse effects of chemical toxicity; warnings on use, exposure to chemicals and precautions in the event of a chemical emergency;

dd) Analytical methods to determine the probability of exposure to humans and the environment; brief testing results of chemical toxicity;

e) The purity of mixtures and hazards of additives and impurities.

Article 30. Development of the list of national chemicals and national chemical database

1. The list of national chemicals and national chemical database are used for the management of chemical safety and provide information for responding systems and hazardous chemicals in case of an emergency.

2. The Ministry of Industry and Trade shall take charge and cooperate with ministries and local authorities in developing and submitting projects on national chemical database and the list of national chemicals to the Prime Minister.

Chapter VI

TRAINING COURSES IN CHEMICAL SAFETY

Article 31. Provision of training courses in chemical safety

1. Entities having chemical-related activities shall provide training courses in chemical safety or appoint the individuals specified in Article 32 herein to participate in training courses organized by chemical safety training centers every 2 years.

2. Chemical safety training activities may be organized separately or in combination with other safety training activities regulated by law.

3. Trained persons must be retrained in if there is a change in the categories of chemicals, technologies, facilities and production plans related to their working positions; if they change their working positions; they fail to meet the training requirements after taking the 2^nd examination; 2 years after the previous training course.

4. Regulations on chemical safety training in this Chapter do not apply to entities engaging in petrol and oil, petroleum or industrial explosives; entities transporting chemicals by road, rail and inland waterways.

Article 32. Individuals provided with training courses in chemical safety

1. Group 1:

a) Heads of factories/stores, divisions and branches; heads of production/trade/technical departments; managers of factories or equivalents;

b) Vice heads of factories/stores mentioned in Point a Clause 1 this Article responsible for chemical safety.

2. Group 2:

a) Full-time or part-time officials responsible for chemical safety of factories/stores;

b) Supervisors directly overseeing chemical safety.

3. Group 3: Employees directly involving in chemicals.

Article 33. Programs, trainers and period of training courses in chemical safety

1. Programs of training courses in chemical safety shall be in line with positions of trainees; nature, types and hazards of chemicals in factories/stores.

2. Group 1 training programs:

a) Regulations of law on chemical-related activities;

b) Hazardous elements in production, trade, storage and use of chemicals in factories/stores;

c) Plans for cooperation with competent authorities in mobilizing internal and external resources of chemical factories/stores to take preventive and remedial measures for chemical emergencies.

3. Group 2 training programs:

a) Regulations of law on chemical-related activities;

b) Hazards of chemicals, safety data sheets of every hazardous chemical in production, trade, storage and use of chemicals of factories/stores; classification and labeling of chemicals;

c) Process of chemical safety management, safety techniques when working and contacting with hazardous chemicals;

d) Hazardous elements in production, trade, storage and use of chemicals in factories/stores;

dd) Preventive measures and response to chemical emergencies; plans for cooperation with competent authorities in mobilizing internal and external resources of factories/stores to take preventive and remedial measures for such emergencies; preventive measures for limiting pollution causes spreading to the environment; remedial measures for the environment after chemical emergencies.

4. Group 3 training programs:

a) Chemicals used for production, trade, storage and use of chemicals in factories/stores including names and hazards of chemicals, classification and labelling of chemicals and safety data sheets;

b) Risks of chemical unsafety in production, trade, storage and use of chemicals;

c) Processes of production, storage and use of chemicals suitable for working positions; regulations on chemical safety;

d) Procedures for responding to chemical emergencies: Use of rescue means to handle emergencies related to fire or spread of chemicals; first aid for victims in chemical emergencies; use, preservation and inspection of safety equipment, means and equipment for personal protection in order to cope with chemical emergencies; process and communication diagram of emergency notification; preventing and limiting sources of pollution spreading to the environment; collecting chemical spills and taking remedial measures for the environment after chemical emergencies.

5. Trainers of chemical safety:

Trainers of chemical safety shall obtain a bachelor’s degree or higher degree in chemicals and have at least 5 years of working in the field of chemical safety.

6. Period of training in chemical safety:

a) Group 1: At least 8 hours including time for examinations;

b) Group 2: At least 12 hours including time for examinations;

c) Group 3: At least 16 hours including time for examinations.

Article 34. Assessment of results and retention of documents on training in chemical safety

1. Entities having chemical-related activities or chemical safety training centers shall set examinations on to assess results of training in chemical safety.

2. Regulations on examinations

a) Examination contents shall be suitable for training programs;

b) The maximum time for an examination is 2 hours;

c) Pass examination shall reach at least average scores.

3. Within 15 working days from the day on which the training courses and examinations on chemical safety complete, entities providing training courses and setting examinations shall issue decisions on accreditation of chemical safety examination results.

4. Documents on training in chemical safety include:

a) Training programs;

b) The list of trainees including full name, date of birth, title, position and signature of each trainee;

c) Information about trainers including full name, date of birth, educational level, major, working experience and proving documents of each trainer;

d) Contents and results of examinations on chemical safety;

dd) Decisions on accreditation of chemical safety examination results;

5. Organizations and individuals shall retain all the documents stated in Clause 4 this Article for 3 years and present them to state authorities if required.

Article 35. Inspection of training courses in chemical safety

1. Departments of Industry and Trade of provinces shall carry out periodic inspections of the compliance with regulations on training courses in chemical safety provided by relevant entities once a year.

2. The Ministry of Industry and Trade and Departments of Industry and Trade of provinces may prepare inspection plans and carry out ad hoc inspections of the compliance with regulations on training courses in chemical safety provided by relevant entities if necessary.

Chapter VII

IMPLEMENTATION AND FINAL PROVISIONS

Article 36. Reporting

1. Reporting made by entities having chemical-related activities

a) Before January 15 every year, entities having chemical-related activities shall make general reports on chemical-related activities in the previous year and send them to relevant ministries and authorities of the province where chemical-related activities are carried out;

b) Entities having chemical-related activities shall make ad hoc reports on chemical emergencies or termination of chemical-related activities (if any) and when required by a competent authority.

2. A general report on annual chemical-related activities made by an entity shall specify:

a) General information about the entity;

b) Declaration of produced chemicals including the list of chemicals that must be declared for each factory;

c) Production or trade in conditional chemicals; restricted chemicals; compulsorily declared chemicals and other chemicals;

d) Provision of training courses in chemical safety;

dd) Plans and measures for prevention of and response to chemical emergencies and chemical safety and results thereof;

e) Relevant ministries shall provide detailed guidance on the specimen of the report specified in this Clause.

3. Reporting made by state authorities

a) Before January 20 every year, relevant authorities of provinces shall report the chemical management and collect chemical-related activities carried out by entities in provinces to relevant ministries;

b) Relevant ministries shall report the chemical management and collect chemical-related activities under their management to the Ministry of Industry and Trade if required;

c) The Ministry of Industry and Trade shall act as the focal point to collect and report chemical-related activities to the Government if required.

Article 37. State management of chemical-related activities

1. The Ministry of Industry and Trade shall take responsible to the Government for state management of chemical-related activities

The Ministry of Industry and Trade shall take charge and cooperate with relevant ministries and authorities in the following contents of state management:

a) Developing and submitting the project on national database on chemicals and the list of national chemicals to the Prime Minister;

b) Developing laboratory systems to assess new chemicals in Vietnam;

c) Considering submitting the Government to amend the list of chemicals specified herein upon requests of management in each period of time;

d) Taking charge of developing and managing information technology and online public service systems used for the chemical management under its management;

dd) Carrying out inspections, settling complaints and taking actions against violations of chemical-related activities within its competence;

e) Performing assigned tasks stated in the Law on Chemicals, this Decree and other tasks related to the chemical management assigned by the Government.

2. The Ministry of Finance shall cooperate with the Ministry of Industry and Trade in connecting the national website with information technology and online public service systems used for the chemical management of the Ministry of Industry and Trade.

3. Relevant ministries shall carry out state management of chemicals under their management specified in the Law on Chemicals, this Decree and other tasks related to chemical activities assigned by the Government; conduct inspections, settle complaints and take actions against violations of chemical-related activities under their management.

4. Responsibilities of People’s Committees

a) Perform assigned tasks stated in the Law on Chemicals and other tasks related to the chemical management;

b) Manage chemical-related activities, conduct inspections, settle complaints and take actions against violations of chemical-related activities in their provinces;

c) Disseminate and provide guidance on the compliance with regulations of law on chemical management.

Article 38. Effect

1. This Decree comes into force from November 25, 2017 and replaces the Decree No. 108/2008/ND-CP dated October 07, 2008 specifying and providing guidelines for implementation of certain articles of the Law on Chemicals and the Decree No. 26/2011/ND-CP dated April 08, 2011 on amendments to certain articles of the Decree No. 108/2008/ND-CP by the Government.

2. Article 8 of the Government's Decree No. 77/2016/ND-CP dated July 01, 2016 on amendments to certain regulations on investment and trading conditions in international trade in goods, chemicals, industrial explosives, fertilizers, gas and food under the state management of the Ministry of Industry and Trade shall be annulled.

Article 39. Transitional clauses

1. The producer or trader having the license for restricted industrial chemical production/trade, the certificate of eligibility for conditional industrial chemical production/trade granted by competent authorities before the effective date of this Decree shall continue to operate until such license/certificate expires.

2. The project stated in Clause 2 Article 20 herein that has come into operation before the effective date of this Decree without any plans for prevention of and response to chemical emergencies approved by a competent authority shall develop such plans to the competent authority for inspection and approval for 2 years from the effective date of this Decree.

3. For the project stated in Clause 1 Article 21 herein that has come into operation before the effective date of this Decree without any measures for prevention of and response to chemical emergencies, the producer or trader shall develop and make a decision on such measures for 1 year from the effective date of this Decree.

Article 40. Implementation

Ministers, heads of ministerial authorities, heads of governmental authorities, Chairpersons of People’s Committees of provinces, relevant authorities, organizations and individuals shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc

 

APPENDIX IV

LIST OF HAZARDOUS CHEMICALS REQUIRING CHEMICAL INCIDENT PREVENTION AND RESPONSE PLAN
(Enclosed with the Government's Decree No. 113/2017/ND-CP dated October 09, 2017)

Hazardous chemicals requiring chemical incident prevention and response plan include the substances specified in Table 1 of this Appendix and mixtures containing the substances specified in Table 1 of this Appendix and falling into the cases specified in Table 2 of this Appendix when they are classified according to GHS.

1. Table 1

No.	Chemical’s name in Vietnamese	English name	Chemical formula	CAS number	HS Code(1)	Maximum quantity of chemical present at any one time (kg)
1.	Acrolein	Acrolein (2-Propenal)	C3H4O	107-02-8	29121990	5,000
2.	Acrylonitril	Acrylonitrile	C3H3N	107-13-1	29261000	50,000
3.	Acryloyl clorua	Acryloyl chloride (2- Propenoyl chloride)	C3H3ClO	814-68-6	29161900	5,000
4.	Aldicarb	Aldicarb	C7H14N2O2S	116-06-3	29309090	5,000
5.	Rượu alyl (2- Propen-1-ol)	Allyl alcohol (2- Propen-1-ol)	C3H6O	107-18-6	29052900	5,000
6.	Alylamin (2- Propen-1-amin)	Allylamine (2- Propen-1-amine)	C3H7N	107-11-9	29211900	5,000
7.	Amoniac khan	Ammonia (anhydrous)	NH3	7664-41-7	28141000	50,000
8.	Amoni nitrat	Ammonium nitrate	NH4NO3	6484-52-2	31023000
	Hỗn hợp chứa Amoni nitrat ở thành phần khối lượng ≤ 70%					5,000,000
	Hỗn hợp chứa Amoni nitrat ở thành phần khối lượng >70% và ≤ 80%					1,250,000
	Hỗn hợp chứa Amoni nitrat ở thành phần khối lượng >80% và ≤98%					350,000
	Amoni nitrat và hỗn hợp chứa Amoni nitrat ở thành phần khối lượng ≥ 98%					10,000
9.	Anabasin (Pyridin,3-(2S)-2- piperidinyl)	Anabasine, (Pyridine,3-(2S)-2- piperidinyl-)	C10H14N2	494-52-0	29399990	50,000
10.	Asen hydrua	Arsen trihydride (arsine)	AsH3	7784-42-1	28500000	200
11.	Axit asenic và hoặc các muối asenat	Arsenic (V) acid and/or salts	H3AsO4		28111910	1,000
12.	Asen pentoxit	Arsenic pentoxide	As2O5	1303-28-2	28112990	1,000
13.	Asen trioxit	Arsenic trioxide	As2O3	1327-53-3	28112990	100
14.	Asen triclorua	Arsenous tricloride	AsCl3	7784-34-1	28121090	50,000
15.	Axit asenơ và các muối asenit	Arsenious (III) acid and/or salts	HAsO2		28112990	100
16.	Axetaldehit	Acetaldehyde	C2H4O	75-07-0	29121990	5,000
17.	Axetylen	Acetylene	C2H2	74-86-2	29012910	5,000
18.	Azinphos-etyl	azinphos-ethyl	C12H16N3O3PS2	2642-71-9	29339990	5,000
19.	Azinphos-metyl	azinphos-methyl	C10H12N3O3PS2	86-50-0	29339990	50,000
20.	Bari azit	Barium azide	Ba(N3)2	18810-58-7	28500000	10,000
21.	Beryli (dạng bột và các hợp chất)	Beryllium (powders, compounds)	Be	7440-41-7	81121200	100
22.	Bis (2,4,6-trinitrophenyl)amin	bis(2,4,6- trinitrophenyl) amine	C12H5N7O12	131-73-7	29214400	10,000
23.	Bis(2-clo etyl) sunfua	bis(2-chloroethyl) sulphide	C4H8Cl2S	505-60-2	29309090	5,000
24.	Bis(2- dimetylaminoetyl) (metyl)amin	Bis(2- dimethylaminoethyl) (methyl)amin	C9H23N3	3030-47-5	29212900	50,000
25.	Bis(clo metyl) ete	bis(chloromethyl)ether	C2H4Cl2O	542-88-1	29091900	50,000
26.	2,2-Bis(tert-butylperoxy) butan (>70%)	2,2- Bis(tert-butylperoxy) butane (>70%)	C12H26O4	2167-23-9	29096000	10,000
27.	1,1-Bis(tert-butylperoxy) xyclohexan (>80%)	1,1- Bis(tert-butylperoxy) xyclohexan (>80%)	C14H28O4	3006-86-8	29096000	10,000
28.	Boron triclorua	Boron trichloride (Borane, trichloro-)	BCl3	10294-34-5	28121000	5,000
29.	Boron triflorua	Boron trifluoride (Borane, trifluoro-)	BF3	20654-88-0 7637-07-2	28261900	5,000
30.	Hỗn hợp boron triflorua và metyl ete (1:1)	Boron trifluoride compound with methyl ether (1:1) (Boron, trifluoro (oxybis (metane)-, T-4-	C2H6BF3O	353-42-4	28261900	5,000
31.	Brom	Bromine	Br2	7726-95-6	28013000	20,000
32.	1-Brom-3- cloropropan	1-Bromo-3- chloropropane	C3H6BrCl	109-70-6	29037900	500
33.	Metyl bromua	Bromomethane (methyl bromide)	CH3Br	74-83-9	29033910	5,000
34.	Brom triflo etylen	Bromotrifluorethylene (Ethene,bromotrifluor o-)	C2BrF3	598-73-2	29037900	10,000
35.	1,3-Butadien	1,3-Butadiene	C4H6	106-99-0	29012400	10,000
36.	Butan	Butane	C4H10	106-97-8	27111300	10,000
37.	1-Buten	1-Butene	C4H8	106-98-9	29012300	10,000
38.	2-Buten	2-Butene	C4H8	107-01-7 590-18-1 624-64-6	29012300	10,000
39.	Buten	Butene	C4H8	25167-67-3	29012300	10,000
40.	Tert-butyl acrylat	Tert-butyl acrylate	C7H12O2	1663-39-4	29161200	200,000
41.	Tert-butyl peroxy isobutyrat (>80%)	Tert-butyl peroxy isobutyrate (>80%)	C8H16O3	109-13-7	29159090	5,000
42.	Tert-butyl peroxyaxetat (>70%)	Tert-butyl peroxyacetate (>70%)	C6H12O3	107-71-1	29159090	10,000
43.	Tert-butylperoxy isopropyl cacbonat (>80%)	Tert-butylperoxy isopropylcarbonate (>80%)	C8H16O4	2372-21-6	29209090	10,000
44.	Cacbofuran	Carbofuran	C12H15NO3	1563-66-2	29329910	5,000
45.	Cacbon disunfua	Carbon disulfide	CS2	75-15-0	28131000	10,000
46.	Cacbon oxysunfua	Carbon oxysulfide (Carbon oxide sulfide (COS))	COS	463-58-1	28530000	10,000
47.	Cacbonphenothion	Carbonphenothion	C11H16ClO2PS3	786-19-6	29309090	5,000
48.	Cacbonyl clorua (phosgen)	Carbonyl dichloride (phosgene)	CCl2O	75-44-5	281210	300
49.	Chì 2,4,6-trinitroresorcinoxit	Lead 2,4,6-trinitroresorcinoxide lead styphnate)	C6HN3O8Pb	63918-97-8	29319090	50,000
50.	Các ankyl chì	Lead alkyls			29319090	5,000
51.	Chì azit	Lead azide	PbN6	13424-46-9	28500000	10,000
52.	1-Clo propylen	1-Chlopropylene (1-Propene, 1-chloro-)	C3H5C1	590-21-6	29032900	10,000
53.	Clo fenvinphos	Chlorfenvinphos	C12H14Cl3O4P	470-90-6	29199000	5,000
54.	Clo	Chlorine	Cl2	7782-50-5	28011000	10,000
55.	Clo dioxit	Chlorine dioxide (Chlorine oxide (ClO2))	ClO2	10049-04-4	28530000	5,000
56.	Cloroform	Chloroform (methane, trichloro-)	CHCl3	67-66-3	29031300	5,000
57.	Clormetyl metyl ete	Chloromethyl methyl ether	C2H5ClO	107-30-2	29091900	5,000
58.	Isopropyl clorua	2-chloropropane	C3H7Cl	75-29-6	29031990	10,000
59.	2-Clo propylen	2-Chloropropylene (1-Propene, 2-chloro-)	C3H5Cl	557-98-2	29032900	10,000
60.	Clo trinitro benzen	Chlorotrinitrobenzene	C6H2ClN3O6	88-88-0	29049000	5,000
61.	Coban kim loại và các hợp chất oxit, carbonnat, sulfua dạng bột	Cobalt metal, oxides, carbonates, sulphides, as powders	Co	7440-48-4	28220000 810520	5,000
62.	Crimidin	Crimidine	C7H10ClN3	535-89-7	29335990	5,000
63.	2-Butenal	Crotonaldehyde (2-Butenal)	C4H6O	4170-30-3 123-73-9 15798-64-8	29121990	5,000
64.	Demeton	Demeton	C16H38O6P2S4	8065-48-3	29309090	5,000
65.	Dialifos	Dialifos	C14H17CINO4PS2	10311-84-9	29309090	50,000
66.	Diazo dinitro phenol	Diazodinitropheno1	C6H2N4O5	87-31-0	29349990	10,000
67.	Dibenzyl peroxy dicacbonat (>90%)	Dibenzyl peroxy dicarbonate (>90%)	C16H14O6	2144-45-8	29209090	10,000
68.	Diboran	Diborane	B2H6	19287-45-7	28500000	5,000
69.	1,2-Dibrom etan	1,2-Dibromoethane (ethylene dibromide)	C2H4Br2	106-93-4	29033100	50,000
70.	Diclo silan	Dichlorosilane (silane, dichloro-)	Cl2H2Si	4109-96-0	28530000	5,000
71.	oo-Dietyl s- etylsunphinylmetyl photphothioat	oo-Diethyl s- ethylsulphinylmethyl phosphorothioate	C7H17O4PS2	2588-05-8	29309090	5,000
72.	oo-Dietyl s-etyl sunphonylmetyl photphothioat	oo-Diethyl s-ethyl sulphonylmethyl phosphorothioate	C7H17O5PS2	2588-06-9	29309090	5,000
73.	oo-Dietyl s-etyl thiometyl photphothioat	oo-Diethyl s-ethyl thiomethyl phosphorothioate	C7H17O3PS2	2600-69-3	29309090	5,000
74.	oo-Dietyl s-iso propylthiometyl photphodithioat	oo-Diethyl s-iso propylthiomethyl phosphorodithioate	C8H19O2PS3	78-52-4	29309090	5,000
75.	oo-Dietyl s-propyl thiometyl photphodithioat	oo-Diethyl s-propyl thiomethyl phosphorodithioate	C8H19O2PS3	3309-68-0	29309090	5,000
76.	Dietylen glycol dinitrat	Diethylene glycol dinitrate	C4H8N2O7	693-21-0	29299090	10,000
77.	Dietyl peroxy dicarbonat (> 30%)	Dietyl peroxy dicarbonate (>30%)	C6H10O6	14666-78-5	29209090	10,000
78.	1,1 Diflo etan	Difluoroethane (Ethane, 1,1 -difluoro-)	C2H4F2	75-37-6	29033990	10,000
79.	2,2-Dihydro peroxypropan (>30%)	2,2 Dihydro peroxypropane (>30%)	C3H8O4	2614-76-8	29173990	10,000
80.	Di-isobutyryl peroxit (> 50%)	Di-isobutyryl peroxide (> 50%)	C8H14O4	3437-84-1	29096000	10,000
81.	Dimefox	Dimefox	C4H12FN2OP	115-26-4	29299090	5,000
82.	Dimetyl amin	Dimethylamine (Methanamine, N-methyl-)	C2H7N	124-40-3	29291090	5,000
83.	Dimetylcacbamoyl clorua	Dimethylcarbamoyl chloride	C3H6CINO	79-44-7	29241900	50,000
84.	Dimetyldiclo silan	Dimethyldichlorosilane (silane, dichlorodimethyl-)	C2H6Cl2Si	75-78-5	29319090	5,000
85.	Dimetyl ete	Methyl ether (Methane, oxybis-)	C2H6O	115-10-6	29091900	10,000
86.	Dimetyl nitrosamin	Dimethylnitrosamine	C2H6N2O	62-75-9	29299090	5,000
87.	2,2-Dimetyl propan	2,2-Dimethylpropane (Propane, 2,2-dimethyl-)	C5H12	463-82-1	29011000	10,000
88.	Axit dimetyl photphoramido xyanidic	Dimetylphosphoramid ocyanidic acid	C3H7N2P	63917-41-9	29420000	1,000
89.	Di-n-propylperoxy dicacbonat (> 80%)	Di-n-propylperoxy dicarbonate (> 80%)	C8H14O6	16066-38-9	29209090	10,000
90.	Diphacinon	Diphacinone	C23H16O3	82-66-6	29143900	5,000
91.	Di-sec-butyl peroxydicacbonat (> 80%)	Di-sec-butyl peroxydicarbonate (> 80%)	C10H18O6	19910-65-7	29209090	10,000
92.	Disulfoton	Disulfoton	C8H19O2PS3	298-04-4	29309090	5,000
93.	Epiclohydrin	Epichlorohydrin (oxirane, (chloromethyl-)	C3H5ClO	106-89-8	29103000	5,000
94.	Epn (Photphonothioic acid, P-phenyl-, O-ethyl O-(4-nitrophenyl) este)	Epn (Phosphonothioic acid, P-phenyl-, O-ethyl O-(4-nitrophenyl) ester)	C14H14NO4PS	2104-64-5	29319090	5,000
95.	Etan	Ethane	C2H6	74-84-0	29011000	10,000
96.	Ethion	Ethion	C9H22O4P2S4	563-12-2	29309090	50,000
97.	Etyl amin	Ethylamine (Ethanamine)	C2H7N	75-04-7	29211900	5,000
98.	Etyl axetylen	Ethyl acetylene (1-Butyne)	C4H6	107-00-6	29012400	10,000
99.	Etyl clorua	Ethyl chloride (Ethane, chloro)	C2H5Cl	75-00-3	29031190	10,000
100.	Etyl ete	Ethyl ether (Ethane, 1,1’-oxybis-)	C4H10O	60-29-7	29094900	10,000
101.	Etyl mercaptan	Ethyl mercaptan (Ethanethiol)	C2H6S	75-08-1	29309090	10,000
102.	Etyl nitrat	Ethyl nitrate	C2H5NO3	625-58-1	29209090	50,000
103.	Etyl nitro	Ethyl nitrite (Nitrous acid, ethyl ester)	C2H5NO2	109-95-5	29209090	10,000
104.	Etylen glycol dinitrat	Ethylene glycol dinitrate	C2H4N2O6	628-96-6	29209090	10,000
105.	Etylen oxit	Ethylene oxide	C2H4O	75-21-8	29101000	5,000
106.	Etylen diamin	Ethylenediamine (1,2-Ethanediamine)	C2H8N2	107-15-3	29212100	5,000
107.	Etylenimin	Ethyleneimine	C2H5N	151-56-4	29252900	10,000
108.	3-(2-Etylhexyloxy) propylamin	3-(2-Ethylhexyloxy) propylamin	C11H25NO	5397-31-9	29221990	50,000
109.	Flo	Fluorine	F2	7782-41-4	28013000	10,000
110.	Axit flo axetic	Fluoroacetic acid	C2H3FO2	144-49-0	29159090	5,000
111.	Fluenetil (2-floetyl 4 -Biphenylaxetat)	Fluenetil	C16H15FO2	4301-50-2	29153990	5,000
112.	Formaldehit (Nồng Dộ ≥ 90%)	Formaldehyde (Conc. > 90%)	CH2O	50-00-00	29121110	5,000
113.	Furan	Furan	C4H4O	110-00-9	29329990	10,000
114	1 -Guanyl-4-nitrosaminoguanyl-1 -tetrazen	1-guanyl-4-nitrosaminoguanyl-1 -tetrazene	C2H8N10O	109-27-3	29299090	10,000
115.	1,2,3,7,8,9-Hexaclo dibenzo-p-dioxin	1,2,3,7,8,9- Hexachlorodibenzo-p- dioxin	C12H2Cl6O2	19408-74-3	29420000	100
116.	3,3,6,6,9,9-Hexametyl- 1,2,4,5-tetroxacyclononat (>75%)	33.6.6.9.9-Hexamethyl-1,2,4,5-tetroxacyclononate (>75%)	C12H22O4	22397-33-7	29329990	5000
117.	Hexametylphotphor oamit	Hexamethylphosphor oamide	C6H18N3OP	680-31-9	29299090	50,000
118.	2,2’, 4,4’, 6,6’-Hexanitro stilben	2,2’,4,4’,6,6’-hexanitrostilbene	C14H6N6O12	20062-22-0	29042090	10,000
119.	Hydrazin	Hydrazine	H4N2	302-01-2	28251000	5,000
120.	Hydrazin nitrat	Hydrazine nitrate	H5N3O3	13464-97-6	28251000	50,000
121	Hydro	Hydrogen	H2	1333-74-0	28041000	5,000
122.	Hydro clorua và axít clohydric	Hydrogen chloride and Chlohydric acid	HCl	7647-01-0	28061000	25,000
123.	Hydro florua	Hydrogen fluoride	HF	7664-39-3	28111100	5,000
124.	Hydro selenua	Hydrogen selenide	H2Se	7783-07-5	28111990	10,000
125.	Hydro sunfua	Hydrogen sulphide	H2S	7783-06-4	28139000	5,000
126.	Axit hydroxyanic	Hydrocyanic acid	HCN	74-90-8	28111990	5,000
127.	5-hydroxy naphthalen-1,4-dion	5-Hydroxy-1,4-naphthalenedione	C10H6O3	481-39-0	29146900	10,000
128.	Hydroxy axetonitril	Hydroxyacetonitrile (glycolonitrile)	C2H3NO	107-16-4	29269000	5,000
129.	Isobenzan	Isobenzan	C9H4Cl8O	297-78-9	29329990	5,000
130.	Isobutyronitril (2-metyl propan nitril)	2- methyl-Propanenitrile	C4H7N	78-82-0	29269000	10,000
131.	Isodrin	Isodrin	C12H8Cl6	465-73-6	28089199	1,000
132.	Isopentan	2-methyl- Butane	C5H12	78-78-4	29011000	5,000
133.	Isopren	2-methyl-1,3-butadiene	C5H8	78-79-5	29012400	10,000
134.	Isopropyl cloformat	1-methylethyl chlorocarbonate	C4H7CIO2	108-23-6	29151300	5,000
135.	Kali nitrat	Potassium nitrate	KNO3	7757-79-1	2834 21 00
	Dạng hạt					5,000,000
	Dạng tinh thể					1,250,000
136.	Các khí hóa lỏng Dặc biệt dễ cháy (bao gồm cả LPG) và khí thiên nhiên	Liquefied extremely flammable gases (including LPG) and natural gas				50,000
137.	Lưu huỳnh diclorua	Sulfur dichloride	SCl2	10545-99-0	28121000	100
138.	Lưu huỳnh dioxit	Sulfur dioxide	SO2	7446-09-5	28112820	50,000
139.	Lưu huỳnh tetraflorua	Sulfur tetrafloride (Sulfur fluoride)	SF4	7783-60-0	28129000	5,000
140.	Lưu huỳnh trioxit	Sulfur trioxide	SO3	7446-11-9	28112990	15,000
141.	Metan	Methane	CH4	74-82-8	27111490	10,000
142.	Metanol	Methanol	CH4O	67-56-1	29051100	500,000
143.	3-Metyl 1-buten	3-Methyl -1-butene	C5H10	563-45-1	29012990	5,000
144.	Metyl acrylat	Methyl acrylate	C4H6O2	96-33-3	29161200	500,000
145.	Metyl amin	Methylamine (Methanamine)	CH5N	74-89-5	29211100	5,000
146.	Metyl clorua	Methyl chloride (Methane, chloro-)	CH3Cl	74-87-3	29031110	5,000
147.	Metyl cloformat	Methyl chloroformate (Carbonochloridic acid, methylester)	C2H3ClO2	79-22-1	29159090	5,000
148.	Metyl etyl keton peroxit (> 60%)	Methyl ethyl ketone peroxide (> 60%)	C8H18O6	1338-23-4	29096000	5,000
149.	Metyl format	Methyl formate (Formic acid, methyl ester)	C2H4O2	107-31-3	29151300	5,000
150.	Metyl hydrazin	Methyl hydrazine (Hydrazine, methyl-)	CH6N2	60-34-4	29280090	5,000
151.	Metyl isobutyl keton peroxit (nồng Dộ > 60%)	Methyl isobutyl ketone peroxide (> 60%)	C12H26O4	37206-20-5	29096000	50,000
152.	Metyl isoxyanat	Methyl isocyanate	C2H3NO	624-83-9	29291090	150
153.	Metyl mercaptan	Methyl mercaptan (Methanethiol)	CH4S	74-93-1	29309090	10,000
154.	Metyl thioxyanat	Methyl thiocyanate (Thiocyanic acid, methyl ester)	C2H3NS	556-64-9	29309090	10,000
155.	2-Metyl 1-buten	2-Methyl-1 -butene	C5H10	563-46-2	29012990	10,000
156.	Metacrylonitril	2-methyl-2- Propenenitrile	C4H5N	126-98-7	29269000	10,000
157.	2-Metyl-3-buten nitril	2-Methyl-3- butenenitrile	C5H7N	16529-56-9	29269000	500,000
158.	4,4-Metylen bis (2-clo anilin) và/hoặc muối của nó ở dạng bột	4,4’- Methylenebis (2-chloroaniline) and/or salts, in powder form	C13H12C12N2	101-14-4	29215900	10
159.	Metyl isoxyanat	Methylisocyanate	C2H3NO	624-83-9	29291090	5,000
160.	n-Metyl-n, 2,4,6-tetranitroanilin	n-Methyl-n,2,4,6-tetranitroaniline	C7H5N5O8	479-45-8	29299090	5,000
161.	2-Metyl 1-propen	2-Methylpropene (1-Propene, 2-methyl-)	C4H8	115-11-7	29012300	10,000
162.	3-Metylpyridin	3-Methylpyridine	C6H7N	108-99-6	29333990	500
163.	Metyl triclo silan	Methyltrichlorosilane (Silane, trichloromethyl-)	CH3Cl3Si	75-79-6	29319090	5,000
164.	Mevinphos	Mevinphos	C7H13O6P	7786-34-7	29199000	5,000
165.	Natri clorat	Sodium chlorate	NaClO3	7775-09-9	28291100	50,000
166.	Natri picramat	Sodium picramate	C6H4N3NaO5	831-52-7	29089900	10,000
167.	Natri selenit	Sodium selenite	Na2SeO3	10102-18-8	28429090	50,000
168.	Hỗn hợp chứa natri hypoclorit	Mixtures of sodium hypochlorite			28289010	200,000
169.	Niken và các hợp chất chứa Ni dạng bột có thể phát tán trong không khí (các loại oxit, cacbonat, sunfua)	Nickel compounds in inhalable powder form (oxides, sulphides, carbonate)	Ni		75040000	1,000
170.	Niken tetracacbonyl	Nickel tetracarbonyl	C4NiO4	13463-39-3	28230000	5,000
171.	Axit nitric	Nitric acid (cone 80% or greater)	HNO3	7697-37-2	28080000	5,000
172.	Nitơ glyxerin	Nitroglycerin	C3H5N3O9	55-63-0	29209090	5,000
173	Nitơ monoxit	Nitric oxdide (Nitrogen oxide (NO))	NO	10102-43-9	28112990	50,000
174.	Nitơ oxit	Nitrogen oxides	NOx	11104-93-1	28112290	50,000
175.	Nitơ xenlulo (hàm lượng > 12,6% nitrogen)	Nitrocellulose (containing > 12,6% of nitrogen)		9004-70-0	39122011	10,000
176.	Oleum (hỗn hợp axit sunfuric với lưu huỳnh trioxit)	Oleum (Fuming Sulfuric acid) (Sulfuric acid, mixture with sulfur trioxide)	H2SO4*nSO3	8014-95-7	28070000	5,000
177.	Oxy	Oxygen	O2	7782-44-7	28044000	200,000
178.	Oxydisunfoton	Oxydisulfoton	C8H19O3PS3	2497-07-6	29309090	5,000
179.	Oxy diflorua	Oxygen difloride	F2O	7783-41-7	28129000	5,000
180.	Paraoxon (dietyl 4- nitrophenyl photphat)	Paraoxon (diethyl 4-nitrophenylphosphate)	C10H14NO6P	311-45-5	29199000	10,000
181.	Parathion	Parathion	C10H14NO5PS	56-38-2	29201100	5,000
182.	Parathion-metyl	Parathion-methyl	C10H14NO5PS	298-00-0	29201100	50,000
183.	Pensunfothion	Pensulfothion	C11H17O4PS2	115-90-2	29309090	5,000
184.	Pentaboran	Pentaborane	B5H9	19624-22-7	28500000	5,000
185.	1,3-Pentadien	1,3-Pentadiene	C5H8	504-60-9	29012990	10,000
186.	Pentaerythritol tetranitrat	Pentaerythritol tetranitrate	C5H8N4O12	78-11-5	29209090	10,000
187.	Pentan	Pentane	C5H12	109-66-0	29011000	5,000
188.	1-Penten	1-Pentene	C5H10	109-67-1	29012990	5,000
189.	(E)-2-Penten	2-Pentene, (E)-	C5H10	646-04-8	29012990	5,000
190.	(Z)-2-Penten	2-Pentene, (Z)-	C5H10	627-20-3	29012990	5,000
191.	Axit peraxetic (> 60%)	Peracetic acid (> 60%)	C2H4O3	79-21-0	29159090	5,000
192.	Perclometyl mercaptan	Perchloromethylmercaptan (Methanesulfenyl chloride, trichloro-)	CCl4S	594-42-3	29309090	5,000
193.	Photpho vàng	Phosphorus (White, yellow)	P4	7723-14-0	28047000	1,000
194.	Phorat	Phorate	C7H17O2PS3	298-02-2	29309090	5,000
195.	Phosacetim	Phosacetim	C14H13Cl2N2O2PS	4104-14-7	29299090	5,000
196.	Phosphamidon	Phosphamidon	C10H19CINO5P	13171-21-6	29241200	50,000
197.	Photpho oxyclorua	Phosphorus oxychloride (Phosphoryl chloride)	POCl3	10025-87-3	28121000	5,000
198.	Photpho triclorua	Phosphorus trichloride (Phosphorous trichloride)	PCl3	7719-12-2	28121000	5,000
199.	Photpho trihydrua (photphin)	Phosphorus trihydride (phosphine)	PH3	7803-51-2	28480000	200
200.	Piperidin	Piperidine	C5H11N	110-89-4	29333200	50,000
201.	Các Polyclo dibenzo furan và Polyclodibenzo dioxin (bao gồm TCDD)	Polychlorodibenzo-furans and Polychlorodibenzo-dioxins (including TCDD)	C12H6Cl2O2	33857-26-0		1
202.	Propylen imin	2- methyl-Aziridine	C3H7N	75-55-8	29339990	10,000
203.	Promurit (1-(3,4-diclophenyl)-3-triazenethiocacboxamit)	Promurit (1-(3,4-dichlorophenyl) -3-triazene thiocarboxamide)	C7H6Cl2N4S	5836-73-7	29309090	5,000
204.	Propadien	1,2-Propadiene	C3H4	463-49-0	29012990	10,000
205.	Isopropylamin	2-Propanamine	C3H9N	75-31-0	29211900	10,000
206.	Propan	Propane	C3H8	74-98-6	27111200	10,000
207.	1-Propen-2-clo-1,3-diol diaxetat	1-propen-2-chloro-1,3-diol-diacetate	C7H9ClO4	10118-77-6	29153990	10
208.	Propylen	1-Propene	C3H6	115-07-1	27111490	10,000
209.	Propionitril	Propionitrile (Propanenitrile)	C3H5N	107-12-0	29242990	5,000
210.	Propyl cloformat	Propyl chloroformate (Carbonochloridic acid, propylester)	C4H7ClO2	109-61-5	29159090	5,000
211.	Propylamin	Propylamine	C3H9N	107-10-8	29211900	500,000
212.	Propylen oxit	Propylen oxide	C3H6O	75-56-9	29102000	5,000
213.	Propin	1-Propyne	C3H4	74-99-7	29012990	10,000
214.	Pyrazoxon	Pyrazoxon	C8H15N2O4P	108-34-9	29331900	5,000
215.	Sắt pentacacbonyl	Iron, pentacacbonyl-(Iron carbonyl (Fe(CO)5), (TB-5-11)-)	C5FeO5	13463-40-6	29319090	5,000
216.	Selen hexaflorua	Selenium hexafloride	SeF6	7783-79-1	28129000	5,000
217.	Silan	Silane	SiH4	7803-62-5	28500000	10,000
218	Stibin (antimon hydril)	Stibine (antimony hydril)	SbH3	7803-52-3	28500000	10,000
219.	Sunfotepp	Sulfotepp	C8H20O5P2S2	3689-24-5	29201900	5,000
220.	Tepp - tetraetyl pyrophotphat	T.E.P.P - (Tetraethyl pyrophosphate)	C8H20O7P2	107-49-3	29199000	5,000
221.	Telu hexaflorua	Tellurium hexafloride	TeF6	7783-80-4	28261900	50,000
222.	Tert-butylperoxy maleat (>80%)	Tert-butylperoxy maleate (>80%)	C8H12O5	1931-62-0	29189900	10,000
223.	Tert-butylperoxy pivalat (>77%)	Tert-butylperoxy pivalate (>77%)	C9H18O3	927-07-1	29189900	10,000
224.	2,3,7,8-Tetraclo dibenzo-p-dioxin	2,3,7,8- tetrachlorodibenzo-p-dioxin	C12H4Cl4O2	1746-01-6	29329990	5,000
225.	Tetraflo etylen	Tetrafluoroethylene (Ethene, tetrafluoro-)	C2F4	116-14-3	29033990	10,000
226.	Tetrahydro-3,5- dimetyl-1,3,5,- thiadiazin-2-thion (Dazomet)	Tetrahydro-3,5- dimethyl-1,3,5,- thiadiazine-2-thione (Dazomet)	C5H10N2S2	533-74-4	29349990	100,000
227.	Tetrametylen disunphotetramin	Tetramethylenedisulp hotetramine	C4H8N4O4S12	80-12-6	29349990	5,000
228.	Tetrametyl silan	Tetramethylsilane (Silane, tetramethyl-)	C4H12Si	75-76-3	29319090	5,000
229.	Tetranitro metan	Tetranitromethane (Methane, tetranitro-)	CN4O8	509-14-8	29042090	5,000
230.	Thionazin	Thionazin	C8H13N2O3PS	297-97-2	29339990	5,000
231.	Thủy ngân fulminat	Mercury fulminate	C2HgN2O2	628-86-4	28521090	10,000
232.	Tirpate (2,4-Dimetyl-2-formyl-1,3-dithiolan oxim metylcacbamat)	Tirpate(2,4-dimethyl-1,3-dithiolane-2-carbo xaldehydeo-methyl carbamoyloxime)	C8H14N2O2S2	26419-73-8	29420000	100
233.	Titan tetraclorua	Titanium tetrachloride (Titanium chloride (TiCl4) (T-4)-)	TiCl4	7550-45-0	28273990	5,000
234.	2,4-Toluen diisoxyanat	2,4-Toluene di-isocyanate	C9H6N2O2	584-84-9	29291090	10,000
235.	2,6-Toluen di-isoxyanat	2,6- Toluene di-isocyanate	C9H6N2O2	91-08-7	29291090	10,000
236.	Toluen di-isoxyanat	Toluene di-isocyanate	C9H6N2O2	26471-62-5	29291090	10,000
237.	1,3,5- Triamino- 2,4,6- trinitro benzen	1,3,5- Triamino-2,4,6-trinitrobenzene	C6H6N6O6	3058-38-6	29215900	10,000
238.	Triclo silan	Trichlorosilane (Silane, trichloro-)	SiHCl3	10025-78-2	2853000	5,000
239.	Trietylenmelamin	Triethylenemelamine	C9H12N6	51-18-3	29336900	100
240.	Triflocloetylen	Trifluorochloroethylene (Ethene, chlorotrifluoro-)	C2ClF3	79-38-9	29037700	10,000
241.	Trimetylamin	Trimethylamine	C3H9N	75-50-3	29211100	5,000
242.	Trimetylclosilan	Trimethylchlorosilane (Silane, chlorotrimethyl-)	C3H9ClSi	75-77-4	29319090	5,000
243.	Trinitro anilin	Trinitroaniline	C6H4N4O6	26952-42-1	29214200	50,000
244.	2,4,6-Trinitroanisol	2,4,6-trinitroanisole	C7H5N3O7	606-35-9	29093000	10,000
245.	1,3,5-Trinitro benzen	Trinitrobenzene	C6H3N3O6	99-35-4	29042090	5,000
246.	Axit trinitrobenzoic	Trinitrobenzoic acid	C7H3N3O8	129-66-8	29163990	10,000
247.	Trinitro cresol	Trinitrocresol	C7H5N3O7	602-99-3	29089900	50,000
248.	2,4,6-Trinitrophenetol	2,4,6- trinitrophenetole	C8H7N3O7	4732-14-3	29093000	10,000
249.	2,4,6-Trinitrophenol	2,4,6-Trinitrophenol (picric acid)	C6H3N3O7	88-89-1	29089900	10,000
250.	2,4,6- Trinitroresorcinol	2,4,6- Trinitroresorcinol (styphnic acid)	C6H3N3O8	82-71-3	29089900	10,000
251.	2,4,6-trinitrotoluen	2,4,6-trinitrotoluene	C7H5N3O6	118-96-7	29042010	10,000
252.	Vinyl axetat	Vinyl acetate monomer (Acetic acid ethenyl ester)	C4H6O2	108-05-4	29153200	10,000
253.	Vinyl axetylen	Vinyl acetylene (1-Buten-3-yne)	C4H4	689-97-4	29012990	10,000
254.	Vinyl clorua	Vinyl chloride (Ethene, chloro)	C2H3Cl	75-01-4	29032100	10,000
255.	Vinyl etyl ete	Vinyl ethyl ether (Ethene, ethoxy-)	C4H8O	109-92-2	29091900	10,000
256.	Vinyl florua	Vinyl fluoride (Ethene, fluoro)	C2H3F	75-02-5	29033990	10,000
257.	Vinyl metyl ete	Vinyl methyl ether (Ethene, methoxy-)	C3H6O	107-25-5	29091900	10,000
258.	Vinyliden clorua	Vinylidene chloride (Ethene, 1,1-dichloro-)	C2H2Cl2	75-35-4	29032900	10,000
259.	Vinyliden florua	Vinylidene fluoride (Ethene, 1,1-difluoro-)	C2H2F2	75-38-7	29033990	10,000
260.	Warfarin ((RS)-4-hydroxy-3-(3 -oxo-1 -phenylbutyl)-2H-chromen-2-on)	Warfarin ((RS)-4-hydroxy-3 -(3 -oxo-1 -phenylbutyl)-2H-chromen-2-one)	C19H16O4	81-81-2	29322000	5,000
261.	Xyanogen (Etandinitril)	Cyanogen (Ethanedinitrile)	C2H2	460-19-5	28530000	10,000
262.	Xyanogen clorua	Cyanogen chloride	CCl N	506-77-4	28530000	5,000
263.	2-xyano-2-propanol	2-cyanopropan-2-ol (acetone cyanohydrin)	C4H7NO	75-86-5	29269000	5,000
264.	Xyanthoat	Cyathoate	C10H19N2O4PS	3734-95-0	29309090	5,000
265.	Các hợp chất xyanua	Cyanide compounds	---	---	---	5,000
266.	Xycloheximit	Cycloheximide	C15H23NO4	66-81-9	29419000	5,000
267.	Xyclohexan amin	Cyclohexylamine (Cyclohexanamine)	C6H13N	108-91-8	29213000	5,000
268.	Xyclopropan	Cyclopropane	C3H6	75-19-4	29021900	10,000
269.	Xyclotetrametylen tetra nitramin	Cyclotetramethylenet etranitramine	C4H8N8O8	2691-41-0	29339990	10,000
270.	Xyclotrimetylen trinitramin	Cyclotrimethylene trinitramine	C3H6N6O6	121-82-4	29336900	10,000
271.	Các chất có khả  năng gây ung thư hoặc các hỗn hợp chứa các chất có khả năng gây ung thư thành phần khối lượng trên 5%: 4-Aminobiphenyl và/hoặc muối của nó, Benzotriclorid, Benzidin và/hoặc các muối, Bis (clorometyl) ete, Clometyl metyl ete, 1,2-Dibrometan, Dietyl sunphat, Dimetyl sunphat, Dimetylcacbamoyl clorit, 1,2-Dibrom-3-clo propan, 1,2-Dimetylhydrazin, Dimetylnitro amin, Hexametylphotphoric triamit, Hydrazin, 2-Naphtylamin và/hoặc muối của 4-Nitrodiphenyl và 1,3 -Propanesulton	The following carcinogens or the mixtures containing the following carcinogens at concentrations above 5% by weight: 4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromometan, Diethyl sulfate, Dimethyl sulfate, Dimetylcarbamoyl chloride, 1,2-Dibrom-3-chloropropane, 1,2-Dimethylhydrazin, Dimethylnitrosamine, Hexamethylphosphoric triamide, hydrazine, 2-Naphtylamine and/or salts, 4-Nitrodiphenyl and 1,3 Propanesultone				500

2. Table 2

No.	Category of chemicals	Maximum quantity of chemical present at any one time (kg)
I	Health hazards
1	Category-1 acute toxicity, all exposure routes	5,000
2	Acute toxicity - Category 2, all exposure routes - Category 3, inhalation route	50,000
3	Specific target organ toxicity – following single exposure	50,000
II	Physical hazards
1	Explosives - Unstable explosives; - Explosives, division 1.1, 1.2, 1.3, 1.5 or 1.6.	10,000
2	Explosives, division 1.4	50,000
3	Flammable gases, category 1 or 2	10,000
4	Flammable aerosols, category 1 and category 2, containing flammable gases of category 1 or 2 or flammable liquids of category 1	150,000 (net)
5	Flammable aerosols, category 1 and category 2, not containing flammable gases of category 1 or 2 nor flammable liquids of category 1	5,000,000 (net)
6	Oxidising gases, category 1	50,000
7	Flammable liquids: -  Flammable liquids, category 1, or - Flammable liquids, category 2 or 3 maintained at a temperature above their boiling point, or - Other liquids with a flash point ≤ 60°C, maintained at a temperature above their boiling point.	10,000
8	Flammable liquids - Flammable liquids of category 2 or 3 where high pressure or high temperature may create major accident hazards, or - Other liquids with a flash point ≤ 60°C where high pressure or high temperature may create major accident hazards.	50,000
9	Flammable liquids of category 2 or 3 not covered by section 7 or 8 of this table.	5,000,000
10	Self-reactive substances and mixtures, type A or B, or organic peroxides, type A or B	10,000
11	Self-reactive substances and mixtures, type C, D, E or F, or organic peroxides, type C, D, E, or F	50,000
12	Pyrophoric liquids, category 1, or pyrophoric solids, category 1	50,000
13	Oxidising liquids, category 1, 2 or 3, or oxidising solids, category 1, 2 or 3	50,000
14	Substances and mixtures which in contact with water emit flammable gases, category 1	100,000
III	Environmental hazards
1	Hazardous to the aquatic environment in category acute 1	100,000
2	Hazardous to the aquatic environment in category chronic 2	200,000
IV	Other hazards
1	Substances or mixtures with hazard statement EUH014	100,000
2	Substances or mixtures with hazard statement EUH029	50,000

 (1): HS codes are used for reference

 

APPENDIX VI

Form No. 01	Certificate of eligibility to produce and/or sell restricted industrial chemicals
Form No. 02	License to export/import industrial precursors
Form No. 03	License to produce and/or sell restricted industrial chemicals (A3 paper)
Form No. 04	Decision on approval for chemical emergency prevention and response plan
Form No. 05	Declaration of imported chemicals through National Single-window Information Portal
Form No. 06	Automatic response to declaration of imported chemicals submitted through National Single-window Information Portal

Form No. 01

THE PEOPLE’S COMMITTEE OF … (1) DEPARTMENT OF INDUSTRY AND TRADE -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.          /GCN-…(2)	……….(1), …….

 

CERTIFICATE OF ELIGIBILITY TO PRODUCE AND/OR SELL RESTRICTED INDUSTRIAL CHEMICALS

DIRECTOR OF DEPARTMENT OF INDUSTRY AND TRADE OF ……..⁽¹⁾

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

Pursuant Government's Decree No. … dated …  elaboration of the Law on Chemicals;

Pursuant to ……………………………….. ⁽³⁾;

In consideration of the application for the certificate of eligibility to produce and/or sell restricted industrial chemicals submitted by ……………………⁽⁴⁾,

At the request of ………………………………..⁽⁵⁾,

DECIDES:

Article 1. ………………. ⁽⁴⁾ is hereby granted the certificate of eligibility to produce and/or sell restricted industrial chemicals.

1. Headquarters address: ………………………………..………………………………………

2. Tel: ……………………………….. Fax: ………………………………………………

3. Factory/outlet address: ……………………………………………….

4. Certificate of enterprise/cooperative/household business registration No. … issued by …⁽⁶⁾…..  on …

The holder of this Certificate is entitled to produce and/or sell industrial chemicals:

No.	Commercial name	Chemical information			Production/sales (tonnes/year)
		Chemical name	CAS	Chemical formula

Article 2………………………………..  ⁽⁴⁾ shall comply with the Law on Chemicals and the Government's Decree No. … on elaboration thereof and relevant regulations of law.

Article 3. This Certificate takes effect from the day on which it is signed./.

 

DIRECTOR (Signature and seal)

Notes:

⁽¹⁾ Name of the province/city

⁽²⁾ Abbreviated name of the issuing authority.⁽³⁾ Documents specifying functions, tasks, and entitlements of the issuing authority and relevant documents

⁽⁴⁾ Name of the applicant

⁽⁵⁾ Name of the head of the receiving authority

⁽⁶⁾ Name of the issuing authority of the certificate of business registration/certificate of enterprise registration/certificate of investment registration.

⁽⁷⁾ Name of the Departments of Industry and Trade of the province in which the applicant’s headquarters are located.

Form No. 02

MINISTRY OF INDUSTRY AND TRADE ISSUING AUTHORITY(1) -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.          /GP-…(2)	………. , …….

 

LICENSE TO EXPORT/IMPORT INDUSTRIAL PRECURSORS

HEAD OF THE ISSUING AUTHORITY

Pursuant to the Government's Decree No. 58/2003/NĐ-CP dated May 29, 2003 on control of import, export and transit of narcotic substances, precursors, narcotic drugs and psychotropic drugs;

Pursuant Government's Decree No. … dated …  elaboration of the Law on Chemicals;

Pursuant to ……………………………… ⁽³⁾;

In consideration of the application for the License to export/import industrial precursors dated … submitted by ……………………………….. ⁽⁴⁾;

At the request of ………………………………..⁽⁵⁾,

DECIDES:

Article 1.. . . ⁽⁴⁾; address: ... ; tel . . . fax . . .; certificate of enterprise/cooperative/household business registration No. … issued by  ...⁽⁶⁾ on … is entitled to:

1. (Export/import) ……………………………… ⁽⁷⁾ under the contract/agreement/memorandum/invoice No. … dated … with … at the request of... ⁽⁴⁾ (Make a table if there are more than one chemical).

2. Purpose (export/import): …………………………………………………………….

3. Checkpoint of export/import: ……………………………………………………………

4. Vehicle and conditions: …………………………………………………………………….

5. Number of shipments: …………………………………………………………….

Article 2. ...⁽⁴⁾ shall comply with the Government's Decree No. .../..../NĐ-CP dated …on elaboration of the Law on Chemicals and relevant regulations of law.

Article 3. This License is valid until the end of … .

 

HEAD OF LICENSING AUTHORITY  (Signature and seal)

Notes:

⁽¹⁾ Name of the licensing authority

⁽²⁾ Abbreviated name of the licensing authority

⁽³⁾ Documents specifying functions, tasks, and entitlements of the licensing authority and relevant documents

⁽⁴⁾ Name of the applicant

⁽⁵⁾ Name of the head of the receiving authority

⁽⁶⁾ Name of the issuing authority of the certificate of business registration/certificate of enterprise registration/certificate of investment registration

⁽⁷⁾ Name, quantity, composition of the precursor

*Send 01 copy that bears the text “Bản gửi doanh nghiệp để xuất trình cơ quan hải quan” to the license holder.