Title: Circular 28/2010/TT-BCT Specific regulation on articles of the Chemicals Law and decree number 108/2008/ND-CP Providing detailed regulation and guidance on some articles of the Law on Chemicals

Type: Circular

Issuing Agency: Ministry of Industry and Trade

Responsible Agency: Ministry of Industry and Trade

Issuing Date: 28-06-2010

Organizations granting certificates of eligibility for chemical production and trading

Industry and Trade Departments of provinces or centrally run cities (below referred to as Industry and Trade Departments) shall grant certificates of eligibility for production and trading of industrial chemicals subject to conditional production and trading (below referred to as certificates).

Dossiers of application I or new certificates applicable to producers of chemicals subject to conditional production and trading

1. Legal documents

a/ An application for a certificate, made according to the form provided in Appendix 2 to this Circular:

b/ A valid copy of the business registration certificate;

c/ A valid copy of the decision approving an investment project to build production works under the law on investment and construction management;

d/ A valid copy of the decision approving an environmental impact assessment report or the written certification of environmental protection commitment registration enclosed with a scheme. granted by a competent agency;

e/ A valid copy of the certificate of satisfaction of fire prevention and lighting conditions or the record of inspection of the assurance of fire prevention and fighting safety, granted by a competent police office.

2. Technical documents

a/ A list of workshops and warehouses of the producer of hazardous chemicals;

b/ A list of labor safety equipment, made according to the form provided in Appendix 3 to this Circular:

c/ A written announcement of regulation conformity and a plan on regular supervision of chemical quality based on chemical inspection equipment or a contract on cooperation with a capable chemical inspection body accredited by a competent state agency:

d/ Chemical safety cards of all hazardous chemicals of the producer.

3. Documents on conditions on producers

a/ A list of staff members, made according lo the form provided in Appendix 4 to this Circular, including leading and managerial staff, technicians and employees directly engaged in the production, preservation and transportation of hazardous chemicals;

b/ Valid copies of university degrees in chemical disciplines of the director or deputy director in charge of technical matters; certificates of chemical-related skill training of technicians, employees and laborers of the producer:

c/ Health certificates issued by district- or higher-level health establishments to the persons detuned at Point a of this Clause.

Dossiers of application for new certificates applicable to traders of chemicals subject to conditional production and trading

1. Legal documents

a/ An application for a certificate, made according to the form provided in Appendix 2 to this Circular:

b/ A valid copy of the business registration certificate:

c/ A valid copy of the certificate of satisfaction of fire prevention and fighting conditions or the record of inspection of the assurance of fire prevention and fighting safety, issued by a competent police office;

d/ A written certification of environmental protection commitment registration, issued by a competent agency.

2. Technical documents

a/ A list of workshops and warehouses of each trader of hazardous chemicals;

b/ A list of labor safety equipment, made according to the form provided in Appendix 3 to this Circular:

c/ A list of special-use vehicles and a valid copy of the license for transportation of hazardous goods;

d/ A list of business places. If the trader has many business places for the same chemical, a separate dossier shall be made for each business place under this Article and a certificate shall be issued for all business places;

e/ Chemical safety cards of all hazardous chemicals of the trader.

3. Documents on conditions on traders a/ A list of staff members, made according to the form provided in Appendix 4 to this Circular, including leading and managerial staff. technicians and employees directly engaged in the trading, preservation and transportation of hazardous chemicals;

b/ Valid copies of university degrees in chemical or econo-technical disciplines of the director or deputy director in charge of technical matters; certificates of chemical-related skill training of technicians, employees and laborers of the trader:

c/ Health certificates issued by district- or higher-level health establishments to the persons defined at Point a of this Clause.

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