VARIOUS IMPORTANT CHANGES IN THE MANAGEMENT OF CHEMICAL PRODUCTION AND BUSINESS

No.

Content

Decree 113

(Current regulations)

Decree 82

(New regulations)

I

General provisions

1

Addition of products not subject to the management of the Ministry of Industry and Trade (Article 1.11)

Including:

-  Pharmaceuticals; germicidal and insecticidal preparations; cosmetics;

-  Feeds; veterinary drugs; agrochemicals; organic fertilizers, biofertilizers, chemical fertilizers that are mixed fertilizers, organic mineral fertilizers, bio-mineral fertilizers; products used for preservation and processing of agricultural products, forestry products, fishery products and foods;

-  Radioactive substances; building materials; paints, printing ink; household adhesives and cleaning products;

-  Gasoline, oil; condensate and naphta used for gasoline and oil processing.

Inherit the previous regulation and add the case of: "Glue and cleaning products used in the household sector".

II

Chemical production and trade

2

Change of the competent authority issuing the Certificate of eligibility for chemical production and trade (Article 10)

Department of Industry and Trade where the production and business establishment(s) organizations and individuals are located.

Department of Industry and Trade where the headquarter of organizations and individuals are located.

3

Supplementation of the type of Certificate of Eligibility/ License for chemical production and trade (Article 10.4 and Article 16.2a)

There are only 02 types of Certificates/Licenses separately for chemical production or trading activity: (1) Certificate of Eligibility/License for chemical production and (2) Certificate of eligibility/License for chemical trade.

=> Organizations and individuals are required to carry out both procedures to obtain both types of Certificates/Licenses for those business lines.

Remain both types of Certificates/Licenses and supplement the third one, which is Certificate of Eligibility/ License for chemical production and trade, with wider application scope, covering both business lines of chemical production and trade of the two previous types of Certificates/Licenses.

Corresponding to the addition of a new type of Certificate/License is the supplementation of regulation on dossiers and procedures for obtaining it.

=> Organizations and individuals are soly required to carry out 01 procedure to obtain 01 general type of Certificate/License for both business lines.

4

Supplementation of cases not subject to Certificates of Eligibility/ Licenses for chemical production and trade(Articles 10a and 16a)

-

Comprising:

- Chemical dilution and mixing without chemical reactions forming chemicals restricted from production and trade in the industrial sector to be put into use and production of other products and goods of organizations and individuals;

- Chemical components in mixtures in the List of chemicals being restricted from production and trade in the industrial sector of which the content in the mixture is under 0.1%.

III

Chemical Safety Control

5

Addition of imported chemicals subject to special control and the declaration of imported chemicals (Article 27.4a)

-

Imported chemicals subject to special control include: disodium monoxide, compounds of cyanide, mercury and compounds of mercury.

The declaration of such imported chemicals is carried out on the declaration system of the Ministry of Industry and Trade, including the following steps:

- Step 1: Submit the declaration dossiers.

- Step 2: The Department of Chemicals responds within 16 hours.

In case the dossiers are invalid, organizations and individuals must supplement and complete the dossiers.

- Step 3: In case the dossiers are valid, the Department of Chemicals approves the dossiers and responds to the declared information.

6

Supplementation of exemptions for declaration of imported chemicals subject to special control (Article 28.6)

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

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

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

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

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

Supplementing the case of:

The chemical composition in the mixture on the List of chemicals must be declared of which the content in the mixture is under 0.1%.

7

Amendment on reporting regimes of organizations and individuals engaged in chemical activities (Article 36.1(a))

Before January 15 of each year, organizations and individuals engaged in chemical activities shall have to make a general report on the previous year's chemical activities to the Ministry and provincial-level management agencies where chemical activities are conducted.

Before February 15 of each year, organizations and individuals engaged in chemical activities shall have to report on the previous year's chemical activities on the National Chemical Database System.