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Decree 26/2010/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 109/2008/nd-Cp Of June 7, 2008 From The Government Detailing And Guiding The Implementation Of Some Articles Of The Law H

Original Language Title: Nghị định 26/2011/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 108/2008/NĐ-CP ngày 07 tháng 10 năm 2008 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật H

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DECREE amending and supplementing a number of articles of 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 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on chemicals of 21 November 2007;
Considering the recommendation of the Minister of industry and trade and the Minister of health, the DECREE: article 1. Modifying, supplementing a number of articles of 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 as follows: 1. Amendments, supplements the name article, paragraph 1, point b, point d article 4 of supplemental "article 4. Directory of chemical producers, conditional business; Directory of chemical producers and trading restrictions; The list of chemicals banned and toxic chemicals list 1. Attached to this Decree the chemicals list as stipulated in article 14, article 15, article 19 and article 23 of the law on chemicals, including: b) directory of chemical producers and trading restrictions are modified and supplemented (annex II);
d) toxic chemicals list to build the votes to control toxic chemicals sales, purchases (annex VI). "
2. Amendments, supplements article 5 article 5 ". The list of dangerous chemicals to build measures; Prevention plan, chemical incident response and establish safe distance.
1. Attached to this Decree: a) the category of dangerous chemicals organization, individual manufacturing, trading, storing, preserving, using chemicals to build preventive plan, chemical incident response according to the provisions of article 38 of the law on chemical substances and the safe distance settings are modified Supplement (annex IV);
b) directory of dangerous chemicals that held personal, business, manufacturing, storing, preserving, using chemicals to build preventive measures, chemical incident response (annex VII).
2. At the request of management in each period, the Ministry of industry and trade, in collaboration with the Ministry of industry managers, the field review, the Government amended and supplemented the list of chemicals specified in paragraph 1 of this article. "
3. additional clause 1 article 6 article 6 ". The list of chemicals must declare 1. Attached to this decree must declare chemical list is modified, additional (Appendix V). "
4. Amendments, supplements article 7 article 7 ". Conditions of production, the chemical business in chemical manufacturing category, business conditions in the industry 1. Chemical manufacturing conditions a) the Director or Deputy Director, engineering or technical staff in charge of chemical manufacturing operations of chemical production facilities must have a university degree or above majored in chemical;
b) officers are dedicated to the safe management of chemicals was training or technical training in chemical safety;
c) workers directly exposed to the chemical production base to be training, training in chemical safety engineering;
d) infrastructure-engineering in chemical production facilities to meet the requirements prescribed in article 12 of the law on chemicals;
DD) Have suitable equipment or contract associated with qualified units are competent authorities admit to checking the concentrations and chemical composition;
e) had preventative measures, chemical incident response is the competent agency or preventative plan, chemical incident response are approved by the competent authority;
g) Have safety equipment, explosive under the provisions of the law on fire and fire; have the equipment control, collecting and disposing hazardous waste or has a contract of carriage, handling, hazardous waste destruction under the provisions of the law on environmental protection.
2. Conditions of a chemical business) who is in charge of chemical safety chemical business establishments must have intermediate or above on specialized chemicals;
b) people directly exposed to the chemicals of business establishments have to be training, training in chemical safety engineering;
c) facility-engineering in chemical business establishments must meet the requirements prescribed in article 12 of the law on chemicals;
d) Have preventative measures, chemical incident response is the competent agency or preventative plan, chemical incident response are approved by the competent authority;
DD) Have safety equipment, explosive under the provisions of the law on fire and fire; have the equipment control, collecting and disposing hazardous waste or has a contract of carriage, handling, hazardous waste destruction under the provisions of the law on the protection of the environment. "
5. Supplement Article 7a after article 7 "Article 7a. Training, training in chemical safety engineering 1. The organization or individual operating the chemical must be responsible for the election of leaders, managers, workers in the facility to participate in training courses, technical training in chemical safety.
2. The object is training, training in chemical safety, including: leadership, people management the parts directly related to chemical activity; people directly in manufacturing, trading, transporting, storing, preserving, using chemicals.
3. The content of training, training in chemical safety techniques in chemical activities to be consistent with the location and types of chemicals, including: a) for leadership, who manages the parts directly related to chemical activity is training, training of legal knowledge about chemical management; knowledge of laws related to the fire, fire; regulations on safe distance; implementing measures, preventative plan, chemical incident response;
b) for people directly in manufacturing, trading, transporting, storing, preserving, using chemicals to be trained, the training content on safety in production, sales, use, storage and transport of chemicals specified in the standard, normative and legal documents;
c) industry Manager, field specifies the program content, training, training in chemical safety techniques in chemical activities for objects specified in paragraph 2 of this Article.
4. After training, training in chemical safety engineering, who meet the requirements to be granted a certificate.
5. industry-Manager, field guides and delegated to specialized agencies in the provincial people's Committee held training classes, technical training in the proper chemical safety program, content specified in paragraph 3 of this article and the certification training, training in chemical safety engineering for the Organization , personal works of local chemical management.
6. Before 31 December each year, the certification body specified in clause 5 of this Article are responsible for management reporting, industry sector; before June 15, annually, industry Manager, field sent the industry activities training, training in chemical safety engineering management scope.
7. The management of the industry, the field of implementation of operations and training, training in chemical safety engineering of the certification authority in the scope of management. "
6. Supplement Article 7b after article 7 "Article 7b. Records, procedures, the Agency confirmed preventative measures, chemical incident response 1. The Organization, individual manufacturing, trading, storing, preserving, using dangerous chemicals to build preventive measures, chemical incident response as defined in paragraph 2, paragraph 3 Article 36 chemical Laws.
2. the recommended records confirm the precautionary measure, chemical incident response, including: a Single Organization's suggestion), personal business, manufacturing, storing, preserving, using dangerous chemicals;
b) preventative measures, chemical incident response;
c) attached documents (if any).
3. competent authorities confirm the precautionary measure, chemical incident response are responsible for checking the fact production base, sales, store, preserve, use dangerous chemicals before certification. The time limit for confirmation of precautionary measure, chemical incident response not exceeding 20 (twenty) working days from the date of receipt of a valid application as specified in paragraph 2 of this Article.
4. individual organizations recommendations confirm the precautionary measure, chemical incident response to file charges under the provisions of the law.
5. industry, field Manager is responsible for: a) presiding, in cooperation with the State Agency on fire, fire, State regulators are concerned the organization endorsed preventive measures, chemical incident response;
b) organize periodic or irregular test the management and implementation of preventative measures, chemical incident response in the range management;
c) specifies the requirements about the content, about the organization-level verification measures, chemical incident response. "
7. the following Article 7 c Article 7 of additional "article 7 c. Register to use chemical substances 1. The Organization, individuals using chemical substances under the provisions of chapter V and article 63, article 64 of the chemical Law to perform the registration using chemicals.
2. The management of the sector, the field specifies the registration using the chemicals within the scope of its management; make check periodically or irregularly organize, register to use chemicals. "
8. Amendments, supplements article 8 article 8 ". Conditions of production, manufacture of chemical business, the business condition in the medical industry 1. Conditions of production, the chemical business in the field of pharmaceutical production facilities, use of chemical business in the field of Pharmacy must have professional managers, infrastructure, technology and personnel under the provisions of the law and Decree No. 79/2006/ND-CP dated 9 August 2006 from the Government detailing the implementation of some articles of the law. 2. Conditions of the production of chemicals, insecticides, preparations used in sterilizing medical and chemical production facilities, preparations for destroying insects, bactericide used in appliances and health must have sufficient condition: a) the directly qualified production activities University on speciality chemicals;
b) infrastructure-engineering in production facilities to meet the requirements prescribed in article 12 of the law on chemicals;
c) have full quality control equipment or contract associated with units have sufficient capacity to check quality control the quality of the goods;
d) take measures on prevention management, incident fire chemicals, waste and environmental protection under the provisions of the law.

3. Business conditions of chemicals, insecticides, preparations used in sterilizing medical and business base chemicals, insecticides, preparations used in sterilizing medical and must have the following conditions: a) the person in charge of safety of chemicals of high school level or above on the chemical majors unless the business preparations, insect sterilization include: incense to drive mosquitoes, insect spray, cream roamed insects, chemicals, electric mosquito Chase plate, electric mosquito drive solution, chemical laced baits cockroaches, kill and kill mosquito flies;
b) base material-technical base business must meet the requirements prescribed in article 12 of the law on chemicals;
c) Has measures to manage about explosions, chemical incidents, waste disposal and environmental protection under the provisions of the law.
4. conditions of production chemicals used in medical equipment manufacturing chemicals used in medical equipment must have enough the conditions prescribed in paragraph 2 of this Article.
5. Business conditions of chemicals used in medical equipment business base chemicals used in medical equipment must meet the conditions of the medical equipment business under the provisions of the law. "
9. additional name article 12 article 12 ". Conditions of production, the chemical business in the category of limited production, the chemicals business "10. Amendments and supplements article 13 Article 13 ". The responsibility to make a safe distance Setup 1. The investment projects in the manufacturing, trading, storing, preserving, using dangerous chemicals in the category specified in Appendix IV to this Decree, when new investments must set the safe distance from the area of production, trading, storing, preserving, using dangerous chemicals to the settlement , public works, historical, cultural, scenic, natural reserves, national parks, biosphere reserves, protected areas species-born landscape, marine protected areas, the main water source under the provisions of this Decree and must comply with the technical standards on safe distance.
2. Ministry of industry and trade, in collaboration with the Ministry of industry managers, the field and the provincial people's Committee, organized inspection, reviews the current state of the area needed to maintain the safety distance of the production facilities, sales, store, preserve, use dangerous chemicals are there exist conditions of safe distance has not guaranteed under the provisions of this Decree.
The case of the production base, sales, store, preserve, use dangerous chemicals exist, if not yet established safe distance must have a route defined safe distance and report the implementation of the roadmap with industry managers, the field and the provincial people's Committee. Establishing safe distance must be completed before June 30, 2012. "
11. additional amendments to article 18 Article 18 ". The chemical declaration procedure 1. For the organizations and individuals who manufacture a) Department of industry and trade of the province, the central cities of receiving profile declarations for the organizations and individuals who manufacture list chemicals must declare the managed;
b) Organization, individual chemical declaration set 01 (a) the records include documents: A declaration of chemicals; Vietnamese chemical safety votes according to the template specified by the Ministry of industry and trade for the chemical is dangerous chemicals.
Chemical has been reported previously at the Department of industry and trade organizations, individuals produce dangerous chemicals not resubmit Slips when chemical safety chemical composition does not change;
c) Organization, individual chemical manufacturing category chemicals must declare responsibly declare chemical produced in one year by writing to the Department of industry and Commerce before 31 January of every year;
d) time limit for confirmation of declared chemicals of the Department of industry and trade is 5 (five) working days from the date of receipt of a valid application specified in point b of paragraph 1 of this article.
2. With regard to the organizations and individuals to import a chemical) industry receiving the records of organizations and individuals importing chemicals list chemicals must declare;
b) Organization, individual declarations set 01 (a) the records include documents: A declaration of chemicals; Bill of sale of chemicals; other documents (if any). For the chemical is dangerous chemicals list chemicals must declare in Appendix V attached to this Decree, records declaration must be accompanied by Vietnamese chemical safety Votes according to the template specified by the Ministry of industry and trade and the English version in case of need to collate, compare.
Chemical has been reported previously in industry organizations and individuals who import dangerous chemicals not resubmit Slips when chemical safety chemical composition does not change. This provision does not apply to organizations, individual chemical import declarations through electronic networks;
c) before through chemical, organizations, individuals importing chemicals are responsible for implementing the declarations with the chemical industry;
d) time limit for confirmation of declared chemical imports by industry is 7 (seven) working days from the date of receipt of a valid application specified in point b of paragraph 2 of this Article.
3. Industry specific regulation form A chemical declaration, certificate templates declared chemicals and regulated chemical import declarations, chemical reports through electronic networks.
4. The exclusion of the chemical declaration was produced, importing a security services, defence, responding to the disaster, emergency disease.
5. chemical declaration fees, individual organizations declared production chemicals, chemical import declarations must pay declared under the provisions of the law. "
12. additional Article 18a following 18 "Article 18a. Confirmation Votes for chemical safety chemicals export organization, individuals before exporting chemicals to burn the full information of chemicals as required in chemical safety and Votes must be industry reviews, confirmed on the voucher safe chemicals. "
13. Amend item 2 article 20 "2. Ministry of industry and trade, coordinating The management of the industry, and local areas to build database scheme national chemical, chemical catalog the nation the prime consideration for approval. "
14. Amend item 2 Article 22 the following: "2. This Decree replaces Decree 69/2005/ND-CP dated 20 May 2005 by the Government on chemical safety." 2. Effective enforcement of this Decree in effect enforced since January 1st, 2011.
Article 3. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and organizations, individuals responsible for the implementation of this Decree.