Modes of chemical declaration

1. Chemical declaration includes declaration of produced chemicals and declaration of imported chemicals.

2. Declaration of imported chemicals can be direct or online. Applicants for certificates may choose either of these modes of declaration.

Responsibilities of certificate applicants

1. To take responsibility for the accuracy and truthfulness of the details declared in the written chemical declaration, even when they are authorized by importers or producers to make the declaration.

2. To create conditions for competent certificate-granting agencies to conduct field inspection at establishments of chemical producers or importers.

3. To pay fees under law.

Responsibilities of certificate-granting agencies

1. To guide certificate applicants when so requested.

2. To receive and examine dossiers and grant certificates to chemical producers or importers when their dossiers meet chemical declaration requirements.

FORMS OF CHEMICAL DECLARATION AND IMPORTED-CHEMICAL DECLARATION

Section 1: FORMS OF CHEMICAL DECLARATION AND DIRECT DECLARATION OF IMPORTED CHEMICALS

Article 7. Declaration of produced and imported chemicals

1. Forms of declaration of produced and imported chemicals are promulgated together with this Circular, comprising:

a/ Written chemical declaration, provided in Appendix 1 to this Circular;

b/ Chemical declaration certificate, provided in Appendix 2 to this Circular;

c/ Receipt, provided in Appendix 3 to this Circular;

d/ Report on declaration of chemicals produced in a locality, provided in Appendix 4 to this Circular;

e/ Report on chemical import, provided in Appendix 5 to this Circular.

2. Order, procedures and agencies for chemical declaration certification

a/ The order, procedures, agencies and deadline for declaration of produced chemicals comply with Clause 11, Article 1 of Decree No. 26/2011/ND-CP;

b/ The order, procedures, agencies and deadline for direct declaration of imported chemicals comply with Clause 11, Article 1 of Decree No. 26/2011/ND-CP and this Circular.

Article 8. Documents of an application dossier for a certificate of direct declaration of imported chemicals under Clause 11, Article 1 of Decree No. 26/2011/ND-CP

1. An invoice for sale of chemicals under Clause 11, Article 1 of Decree No. 26/2011/ND-CP. In case of unavailability of such invoice, the applicant may submit the chemical trading contract and the provisional invoice. The final invoice bearing the seal and signature of the head of the enterprise shall be submitted at the time of receiving the certificate.

2. For a chemical trading contract used for multiple import, upon the second import of goods under the contract, the applicant shall submit the final invoice for chemical sale bearing the seal and signature of the head of the enterprise and a copy of the certificate for the first import batch under the same contract. This import batch shall be certified within 3 (three) working days.

3. For dangerous chemicals provided in Appendix V to Decree No. 26/2011/ND-CP, a chemical safety sheet bearing the chemical declarant's seal shall be submitted together with the chemical declaration dossier. The chemical safety sheet form is provided in Appendix 17 to the Industry and Trade Ministry's Circular No. 28/2010/TT-BCT of June 28, 2010, specifically providing a number of articles of the Government's Decree No. 108/2008/ND-CP of October 7, 2008, detailing and guiding a number of articles of the Chemical Law.

Article 9. Dossier submission and receipt and certificate grant

1. Modes of dossier submission

a/ Applicants may submit dossiers directly at the Ministry of Industry and Trade (Vietnam Chemicals Agency) or by post;

b/ When submitting dossiers, applicants shall fully fill in the chemical declaration form provided in Appendix 1 to this Circular.

2. Dossier receipt

a/ Recipients of dossiers shall receive dossiers, record them in the incoming correspondence book and write a receipt, the form of which is provided in Appendix 3 to this Circular;

b/ For dossiers submitted by post, recipients shall fax a receipt. The deadline for notifying results complies with Clause 4 of this Article, counting from the date Vietnam Chemicals Agency receives a dossier by post.

3. Dossier examination

Within 3 (three) working days after receiving a dossier, if it is incomplete, the person assigned to process the dossier shall fully and specifically notify the chemical importer of necessary supplements and modifications to the dossier. Such notification may be made via email, fax or telephone. The deadline for granting a certificate is counted from the date a dossier is fully and accurately supplemented.

4. Certificate grant

Within 7 (seven) working days after a dossier is fully supplemented under Clause 3 of this Article, Vietnam Chemicals Agency shall grant a certificate, the form of which is provided in Appendix 2 to this Circular.

5. Refusal of certificate grant

A certificate-granting agency may refuse to grant a certificate when the chemical declaration form is erased or unreadable or has no seal of the applicant.

Article 10. Certificate receipt

Applicants may receive certificates directly at Vietnam Chemicals Agency or by post.

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Circular's Annex