The CIRCULAR regulates the registration of dangerous chemicals used to manufacture the product, in the field of industrial goods _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of INDUSTRY and TRADE of chemical Law base on November 21, 2007;
Pursuant to Decree No. 109/2008/ND-CP of June 7, 2008 from the Government detailing and guiding the implementation of some articles of the law on chemicals; Decree No. 26/2010/ND-CP on April 8, 2012 of the Government revising, supplementing a number of articles of Decree No. 109/2008/ND-CP;
Pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Minister of industry and commerce registration provisions use dangerous chemicals to manufacture products, goods in the industrial sector.
Chapter I GENERAL PROVISIONS article 1. The scope and subjects of application 1. This circular regulates the registration using dangerous chemicals (hereinafter referred to as the register) of organizations and individuals to produce products, goods in the industrial sector.
2. This circular does not apply to chemical substances contained in products, goods that have been produced before the date of this circular effect.
Article 2. Explanation of terms used dangerous chemicals is the process of using dangerous chemicals in the manufacturing industry to create products, certain goods.
Article 3. The list of dangerous chemicals dangerous chemicals must be registered to use include the chemicals specified in annex 1 attached to this circular.
Article 4. Use dangerous chemicals organization, individuals using dangerous chemicals to produce the product, goods must be made to the provisions on the rights, obligation; about storing, preserving the dangerous chemicals in accordance with the Chemical Legislation.
Chapter II registration, REPORTING and CHECKING the USE OF DANGEROUS CHEMICALS REGISTRATION category 1 USE article 5. The registration form using the Organization, individuals use dangerous chemicals made sign used by text form with the Department of industry and commerce in managing within 15 (fifteen) working days before the start of use. Registration form to use are specified in Appendix 2 attached to this circular.
Article 6. Registration of organisations, individuals must perform registration using dangerous chemicals with industrial and commercial Departments in managing within 15 (fifteen) working days after the switch, after changing the location of operation or after the change of the purpose of use. The registration form is provided in Appendix 2 attached to this circular.
Section 2 REPORT the USE OF DANGEROUS CHEMICALS article 7. The Organization's report, periodic personal, organization, personal use dangerous chemicals must report the situation to use chemicals on the basis of content was registered with the Department of industry and trade in the previous management on June 10 for report 6 (six) months; before December 10, for the reporting year. The contents of reports are specified in Appendix 3 attached to this circular.
Article 8. The report of the Department of industry and commerce, industrial and commercial Departments periodically report the use of dangerous chemicals in management with Industry (Chemical Bureau) before July 10, for the report 6 (six) months; before October 1 for the report year. The contents of reports are specified in Appendix 3 attached to this circular.
Article 9. The security and privacy of information used in the report 1. The agency receiving the report provided for in article 7 and article 8 of this circular are responsible for the security and use of confidential information in the reports of the organizations and individuals, according to the provisions of article 50, article 51 of law and paragraph 1 article 19 of Decree No. 109/2008/ND-CP of June 7, 2008 from the Government detailing and guiding the implementation of a number of articles of the law on chemicals; Article 43 circular No. 28/2009/TT-BCT on 28th June 2010 of the Ministry of industry and trade specific provisions a number of articles of the law and Decree No. 109/2008/ND-CP DATED. 2. The important information to protect public health and the environment are not considered confidential as defined in paragraph 2 of article 19 of Decree 108/2008/ND-CP. Category 3 CHECK USE DANGEROUS CHEMICALS article 10. The unscheduled test cases 1. The Organization, individuals are not registered to use dangerous chemicals as defined in article 5 of this circular.
2. individual organizations do not perform registration using dangerous chemicals as defined in article 6 of this circular.
3. organizations and individuals who use dangerous chemicals did not correct the purpose of registration.
4. organizations and individuals who do not report the use of dangerous chemicals as defined in point a of Paragraph 2 article 12 this circular after 20 (twenty) days from the date of receiving the written request of the Department of industry and commerce report. 5. Through his management, superior state agency authorized discovery of information, documents and signs breach the provisions of this circular.
Article 11. Inspection bodies 1. The Department of industry and commerce is responsible for inspecting the register and report the use of dangerous chemicals, individual organizations in management as defined in article 10 of this circular.
2. During the test, the test is: a) Have decided to check by the inspection agency heads issued;
b) ensuring objectivity, transparency, publicity in check;
c) responsible for the test results and the relevant conclusions.
Chapter III the TERMS of the IMPLEMENTATION of article 12. The responsibility of the competent authority 1. A Chemicals Bureau) coordinated with the Department of industry and trade guidelines, common implementation of this circular;
b) summing register using dangerous chemicals in the field of the local industry;
c) coordinated with relevant agencies to consider, the leader of The modify, supplement the list of dangerous chemicals specified in annex 1 of this circular line with practical situation and international regulations.
2. The Department of industry and trade a) Send written request the Organization, individuals use dangerous chemicals made the reporting regime under the provisions of article 7 of this circular. General situation of sign use dangerous chemicals in industrial areas of organizations, individuals in management;
b) reported Industry (Chemical Bureau): the situation registered to use dangerous chemicals in management; test results the use of dangerous chemicals under the provisions of article 10 of this circular.
Article 13. The liability of the Organization, the individual organizations, individuals use dangerous chemicals responsible for the registration, use and adhere to this circular. Violations of the provisions of this circular was sanctioning administrative violations in the chemical activities in accordance with the law.
Article 14. Effect 1. This circular effect since January 1, 2014.
2. In the process of implementation, if any problems arise, problems, organized, timely, personal reflection on the Industry to consider, amend, Supplement accordingly./.