Circular 20/2013/tt-Bct: Regulations On Planning And Preventative Measures, Chemical Incident Response In The Field Of Industry

Original Language Title: Thông tư 20/2013/TT-BCT: Quy định về kế hoạch và biện pháp phòng ngừa, ứng phó sự cố hóa chất trong lĩnh vực công nghiệp

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MINISTRY OF COMMERCE
Number: 20 /2013/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 5, 2013

IT ' S SMART

Regulation of the planning and prevention measures, the application of chemical incidents in the field of industry

________________________________

MINISTER OF COMMERCE

Chemical Law Base November 21, 2007;

Base of Protocol 108 /2008/NĐ-CP October 7, 2008 the Government regulates the details and guidelines for the implementation of some of the provisions of the Law of Chemicals; Decree No. 26 /2011/ND-CP April 8, 2011 by the Government amended, adding some of the provisions of the Digital Protocol 108 /2008/NĐ-CP;

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

Minister of Commerce for the Planning and Measure of Prevention, the application of chemical incidents in the industry sector is as follows:

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This privacy regulates the construction, appraisal, approval and implementation of the Prevention Plan, the deputy chemical incident application (later called the Plan); regulation of the construction, validation and implementation of the Prevention Measure, the task of the chemical incident incident (later called off). It ' s the measure of the industry.

What? 2. Subject applies

It applies to organizations, individuals who produce, businesses that store and use dangerous chemicals in the area of industry and agencies, organizations, and other individuals involved.

What? 3. Explain words

In this Information, the word below is understood as follows:

The largest volume of a chemical type. is the largest volume of that chemical that is stored at a time of manufacturing, business, storage, use.

What? 4. Catalogue of hazardous chemicals must build the Plan, Prevention of the Chemical Breakdown.

The list of hazardous chemicals must build the Plan, the Forensic Attempt To Prevent the Chemical Incident of Annex IV and Appendix VII of the Digital Protocol. 26 /2011/ND-CP April 8, 2011 by the Government amended, adding some of the provisions of the Digital Protocol 108 /2008/NĐ-CP October 7, 2008, the Government regulates the details and guidelines for the implementation of the Law of Chemicals.

Chapter II

PREVENTION PLAN, CHEMICAL BREAKDOWN APPLICATION

What? 5. The cases must build Plan

1. The production investment project, storage and use of hazardous chemicals (later called the chemical project) with the mass of the largest chemical storage at a time greater than or by the regulation threshold at Annex IV of the United States Protocol. 26 /2011/ND-CP must build a plan before the project is officially operational.

2. The production of manufacturing, business, storage and use of hazardous chemicals (later called a chemical basis) with the mass of the largest chemical storage at a time greater than or by the regulation threshold at Annex IV of the United States Protocol. 26 /2011/NĐ-CP.

3. The chemical project, the chemical base that changes production capacity, volume of storage, scale, or change of quantity, strain of chemicals with the largest volume of chemical storage at a time greater than or by the regulation threshold at Annex IV of Parliament. Number 26 /2011/NĐ-CP.

4. The chemical project, the chemical-based chemical facility that belongs to the chemical portfolio that has to build a Planned Synchronized Plan to Build Measure is to build a Plan for all of those chemicals and not build Measure Measure.

What? 6. Build the Plan

The layout, layout, the Content Plan in Appendix 1 is included.

What? 7. Profile of the appraisal, approval of the Plan

1. The filing of the appraisal, approved of the Plan:

a) the organization's proposed work, individual: The example in Annex 2 is accompanied by this message;

b) The plan of 12 (twelve) copies, the case needs more, the organization, the individual must provide further on the requirements of the appraisal agency;

c) The feasibility study or Economic Report-construction engineering or business production method of 01 (a) confirmed copy of the chemical basis, chemical project;

d) Other documents accompanying (if any).

2. The organization, the individual directly submit the profile of the appraisal, approve the Plan at the Department of Chemicals or sent through the post office.

What? 8. Planning the Plan

1. The organization of the appraisal

The Planning appraisal is implemented through the Council of appraisal. The Ministry of Commerce is the authority to approve the Plan. The Department of Chemicals is responsible for receiving the case, proposing to establish the Board of appraisal and the leadership of the review ministry, the decision. The decision was made to form the Council of Appraisal at Annex 3 accompanied by this Information.

2. appraisal deadline

a) The deadline for appraisal, approval of the Plan by Regulation at paragraph 3 Article 40 The Law of Chemicals is 30 (thirty) days, since the date the agency receives the filing of eligible valid records at 1 Article 7 of this.

b) The specified planning deadline at this A-Point does not include the organizational time, the individual must complete the prescribed profile at Point 3 This and the editing time, add the Plan in accordance with the opinion of the appraisal Council.

3. appraisal process

a) During the time 05 (year) date, since the adoption date, the Department of Chemicals must inform the organization, the individual of the content or document missing and the deadline to complete the case if the case is incomplete or not valid;

b) After receiving sufficient valid records, the Department of Chemical Services proposes to establish the Board of Appeals for the Leadership of the review, which decides. The Department of Chemicals has the responsibility to inform members of the Council of appraisal, organization, individual building Planning on the Time of Appraisal;

c) Within 7 (seven) day of work, since the end of the Council meeting of the Council of Appraisal, the Department of Chemicals has the responsibility to inform the appraisal conclusion for the organization, the individual building the Plan. The notification pattern concludes the regulatory appraisal at Annex 4 with this Information;

d) On the basis of an appraisal, organization, individual responsible for implementing one of the work: Construction of the Plan in the case of the Plan is not passed and submitted to the Department of Chemicals for the appraisal. The procedure and the deadline for execution, such as the First Planning appraisal; editing, recomplements the Plan in the case of the Plan adopted with the condition that must be edited, added, and submitted to the Department of Chemicals with the text of the editing content. edit, the addition of the appraisal conclusion message;

Within 7 (seven) working days, since the date of the Plan of Planning has been edited, the addition is accompanied by the program text, the Department of the Leadership of the review of the review, approved if the Plan is edited, complements the requirements response of the Council of appraisal or possible. The reply text is not adopted and requires a correction, additional if the Plan has not yet met the requirements of the Council of appraisal.

What? 9. Organization and operation of the Planning Board of Planning

1. Members of the Board of Appeals include the representative: Ministry of Commerce; Department of Commerce of the Provinces, Central City; the state governing body of fire, firefighting; the state governing body of the environment; the Board of Management of the Economic Zone, the public sector A high school, industrial complex, industrial cluster, industrial cluster (if any) the implementation of the project or the organization, the individual manufacturing, the business, the use of storage, the use of chemicals and professionals.

2. The organizational structure of the Council of Appraisal: Chairman of the Council, Vice Chairman of the Council, Councillor and Commissioners. The total number of members of the minimum appraisal Council is 07 (seven), the maximum is 09 (nine).

3. The Council of appraisers has the responsibility to examine the fact, conduct assessment, evaluate the Plan and take responsibility for the appraisal conclusion.

4. The Council of appraisers operates under the principle of collective discussion, which is public, directly between the members of the Council and between the Council with the organization, the individual building the Plan. The Council of Appraisal of the Council is specified in Appendix 5.

The Council of Appeals terminated the operation and dissolved itself after the Plan was approved.

5. The Council of appraisors shall only proceed with the participation of at least two-thirds (two-thirds) members of the Council, which must have the President or Vice President of the Council and at least 1 (a) the commissioner of the protest. Only members of the new appraisal board are joined to vote through the Plan. The Board members who did not participate in the appraisal meeting must submit the Chairman of the Council of opinion by writing.

6. The Chair of the Council of the appraisal concludes the Planning appraisal in the following principle:

a) The plan was adopted not to be edited, added if all the members of the Council to join the meeting agreed through;

b) The plan is adopted with the condition that must be corrected, complemally if at least two-thirds (two thirds) members of the Council join the consent meeting through or through with the required adjustment, addition;

c) The plan is not passed if over a third (a third) member of the Council to the meeting do not agree through.

What? 10. Approx Plan

1. The organization, the individual who built the Plan to send to the Department of Chemicals 07 (seven) The plans have been adopted to seal the prescribed hybrid at points a, b 6 Article 9 This message.

2. Bureau of the Department of Information Leadership review, approve the Plan. The Decision to approve the Planning Plan at Appendix 6 included this.

3. On the basis of the approved Planning, the Ministry of Public Affairs tasked the Department of Certified Chemicals into the cover page of the Plan and sent the Appropriation Decision accompanying the Plan for the organization, the individual construction of the Plan, the agencies, the unit where the project is. Or where there is a chemical basis including: the Department of Commerce; the state governing body of the fire department, the provincial fire department; the state governing body of the provincial environment; the District People's Committee; the Board of Industrial Sector, the Public Sector, the Economic Zone (if any).

What? 11. Make Plan

1. During the production of manufacturing, business, use, dangerous chemical storage, organization, individuals must ensure the correct requirements of the Plan have been approved.

2. The approved plan must be kept at the chemical facility and is the base for the organization, the individual who performs safety controls at the chemical facility.

3. Every year the chemical facilities must hold an exercise of a chemical breakdown of the chemical incident which has been built in the Plan with the witness of the Ministry of Commerce or the Department of Provincial Trade, the Central City of Central.

4. The case with a change in the process of investing and activities that changes the content that has been approved at the Planning, organization, individual must submit a report on the Department of Certified Public Research Chemicals, the decision.

Chapter III

PREVENTION, CHEMICAL BREAKDOWN APPLICATION

What? 12. The cases must build Measure

1. The chemical project with the largest volume of chemical storage at a time is less than the prescribed limit volume at Annex VII of the Digital Protocol. 26 /2011/ND-CP need to build Measure before the project is officially operational.

2. The chemical basis with the largest volume of chemical storage at a time is less than the prescribed limit volume at Annex VII of the Digital Protocol. 26 /2011/NĐ-CP.

3. The chemicals have yet to have a prescribed limit at Appendix VII of the Digital Protocol 26 /2011/ND-CP We have to build the Measure.

What? 13. The Measure Content

Layout, Measure content is prescribed at Appendix 7 with this message.

What? 14. The Agency confirmed the Measure

The Department of Public Affairs, the Central City of the Central City, is the body of validation of the projects and the chemical facilities of the governing body.

What? 15. File to confirm the Measure

1. The filing offers to confirm the Measure of Regulation documents at paragraph 6 Article 1 Resolution No. 1 26 /2011/ND-CP, The following:

a) the organization's proposed work, individual: The example in Annex 8 is accompanied by this message;

b) Measure of 05 (five) copies, the case needs more, the organization, the individual must provide further on the requirements of the appraisal body;

c) The feasibility study or Economic Report-building engineering or the production method of 1 (a) confirmed copy of the facility, the chemical project;

d) Other documents accompanying (if any).

2. The organization, the individual directly submit the profile of the recommended appraisal of the Measure at the Department of Commerce or sent through the mail line.

What? 16. Confirification

1. The deadline for validation of the Measure is no more than 20 (twenty) of the working day, since the date of the organization, the individual submitted enough of the specified valid record at 1 Article 15 This message.

2. In time 04 (four) days, since the date of receiving the file, the Department of Trade must inform the organization, the individual of the content or document missing and the deadline to complete the case if the case is incomplete or not valid.

3. The deadline to confirm the Regulation Measure at Clause 1 This does not include the time of the organization, the individual must complete the prescribed profile at Article 2 This Article.

4. The case case recommended validation of unreached Measure, the Department of Public-written, Personal Information Technology Department, which specifies the content to be edited, added, and the deadline is complete.

5. The Department of Commerce organizes the actual examination at the project, the chemical basis; review, evaluation and validation of Measure, the number of members of the inspection team from 03 (three) to 05 (year) person. The protocol template specified in Annex 9, the template that identifies the Measure Regulation at Annex 10 is accompanied by this Information.

What? 17. Make Measure

1. In the process of manufacturing, business, use, chemical storage, organization, individuals must ensure the right content at the Measure has been confirmed.

2. Measure has been confirmed to be kept at the chemical facility and as a base for organization, the individual performs safety controls at the chemical facility.

3. The case with a change in the process of investing and activities that changes the content proposed in the Measure is confirmed, held, the individual must submit a report on the Department of Commerce review, the decision.

Chapter IV

EXECUTION CLAUSE

What? 18. The responsibility for execution

1. The Department of Chemicals Coordinated in coordination with the Department of Common Trade, Guide, Trace, and Examination Of This Information.

2. Organization, individuals with a chemical project, the chemical facility responsible for compliance, approx the construction of the Plan or the Prevention Measures, the regulatory application of chemical incidents at this Smart; ensure the correct implementation of the content stated in the Plan, The measure has been approved, confirmed; the conduct of the regulations on the reporting regime and subject to examination, the implementation of the implementation of the Plan or Measure of the competent authorities.

What? 19. Report Mode

1. The chemical basis reports the situation to be sent to the Ministry of Commerce; the report of the situation carried out the Department of Commerce before 15 January. The situation reports the implementation of the Plan or Measure Regulation at Annex 11 accompanied by this message.

2. The Department of Commerce reports the synthesis of the situation under the management of the Department of Commerce by 31 January. The report aggregation of the situation carried out the Regulation Measure on Appendix 12 with this message.

What? 20. The transition rule

1. Chemical projects have conducted investment, construction of construction; chemical facilities that are active prior to this date are valid for the implementation of the Plan to Send the Ministry of Commerce before December 31, 2014.

2. Chemical projects have conducted investment, construction of construction; chemical facilities that are active prior to this date are valid for the construction of the Measure Department for the Confirmation Department prior to December 31, 2014.

3. Chemical projects in Group C must build the Plan by Regulation at Digital Information. 28 /2010/TT-BCT June 28, 2010 of the Ministry of Commerce specifically regulates some of the provisions of the Law of Chemicals and Digital Decree 108 /2008/NĐ-CP October 7, 2008, of the Government of the Government Regulation, and guidelines for the implementation of certain provisions of the Chemical Law that have been approved by the Department of Commerce before the date of this private day are enforced, it is not a case for the Ministry of Commerce and approval of the Ministry of Commerce. Let's review the plan.

What? 21.

1. This message has been in effect since October 15, 2013.

2. This information replaces: Chapter V on the Measure and Prevention Plan, the application of chemical incidents in the industry; the regulation of chemical safety situation reporting, the implementation of the Plan, Measure at Article 48 Digital Information. 28 /2010/TT-BCT.

3. In the course of execution, if there is an entangrium or problem of birth, organizations, individuals promptly reflect on the Ministry of Commerce to modify, add to the appropriate ./.

KT. MINISTER.
Chief.

(signed)

Quang Yang Quang