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Circular No.

32/2017/TT/BCT Specifying and


guiding the implementation of a number of
articles of the Law on Chemicals and Decree
No.113/2017/ND-CP

Vietnam Ministry of Industry and Trade (MOIT)


Translated by Chemlinked
Implementation date: Dec 28, 2017
MINISTRY OF INDUSTRY SOCIALIST REPUBLIC OF VIETNAM
AND TRADE Independence - Freedom - Happiness
__________________________ _____________________________________________________

Ha Noi, 28 December 2017


NO: 32/2017/TT-BCT

CIRCULAR
Providing details and guidelines for implementation of some articles of the
Law on chemicals and the Decree no. 113/2017/ND-CP dated October 09,
2017 providing details and guidelines for implementation of some articles
of the Law on chemicals
_________________________________

Pursuant to the Law on Chemicals dated November 21, 2007;


Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August
18, 2017 on functions, tasks, authorization and organizational structure of the
Ministry of Industry and Trade;
Pursuant to the Decree No. 113/2017/ND-CP dated October 09, 2017
detailing and providing guidelines for implementation of some articles of the
Law on Chemicals;
Pursuant to the Decree No. 43/2017/ND-CP dated April 14, 2017 on
labeling of goods;
At the request of the Director of Vietnam Chemical Agency;
The Minister of Industry and Trade promulgates a Circular providing
details and guidelines for implementation of some articles of the Law on
Chemicals and the Decree No. 113/2017/ND-CP dated October 09, 2017
providing details and guidelines for implementation of some articles of the Law
on Chemicals.

Article 1. Scope and subject of application


1. This Circular provides guidelines for implementation and specifies:
a) Responsibility for following administrative procedures about
management of industrial chemicals;
b) Forms for organizations, individuals and relevant entities to use in the
course of: compiling an application and appraisal, issuance, reissuance or
revision of a certificate of eligibility for conditional industrial chemical
production/trade; license for industrial precursor export/import; license for
restricted industrial chemical production/trade ; making an application and
appraisal or approval for plans of prevention of and emergency response to
chemical incidents in industry sector; form of a toxic chemical sale record;
forms of reports on chemical-related activities;
c) Establishment of plans and measures for prevention of and emergency
response to chemical incidents in industry sector;
d) Classification and labeling of chemicals;
đ) Establisment of safety data sheets;
e) Declaration of imported chemicals;
g) Reporting regime of chemical management in industry and trade.
2. This Circular applies to organizations and individuals having
chemical-related activities in the territory of the Socialist Republic of Viet Nam.
Article 2. Definition
1. Chemical label means any writing, printed copy, drawing, photocopy
of words, pictures or images that is stuck, printed, attached to, molded or
carved directly on chemical commercial packaging or on another material
attached to chemical commercial packaging.
2. Chemical labeling means presenting basic, necessary information on a
label about chemicals to enable consumers to identify chemicals for suitable
selection, consumption and use; manufacturers and traders to provide
information and advertise their chemicals and competent authorities to carry
out the inspections and supervisions.
3. Original label of chemical means the initial label attached to a
chemical, a chemical’s commercial package by the manufacturer.
4. Supplementary label means a label representing mandatory
information translated the original label from foreign language into Vietnamese
and added mandatory information in Vietnamese as prescribed by Vietnam’s
law that is missing in the original label.
5. Chemical commercial package means a package used for containing
the chemical and circulating together with the such chemical, including 2 types:
a) Primary package means a package that contains chemical, directly
contacts with the chemical, forming the shape of the chemical or tightly
covering by its shape;
b) External package means a package used to cover one or several units
of chemicals that have own primary packages.
6. Manufacturing date is the date by which the final stage of the chemical
or chemical batch is completed.
7. Expiry date of chemical means the date determined for a chemical or a
batch of chemical which fails to maintain its all characteristics and quality
beyond the such date. The expiry date shall be expressed by a period which
begins from the date of manufacture to the expiry date or expressed by day,
month and year of expiry. If the expiry date is expressed by month and year,
the expiry date shall be determined by the end date of the month of expiry.
9. Circulation of chemical means display, promotion, transport or storage
in trade activities of chemicals, except the transport of chemicals from a
checkpoint to a warehouse by the importer.
Article 3. Administrative procedures for management of chemicals
in industry.
1. Issue, reissue, revision or revocation of Certificate of eligibility for
conditional industrial chemical production/trade;
a) Organizations, individuals manufacture chemicals: Department of
Industry and Trade in provinces or central cities where the production facility
located shall receive the application, issue, reissue, revision or revocation of
Certificate of eligibility for conditional industrial chemical production/trade;
b) Traders of chemicals: Department of Industry and Trade in provinces
or central cities where the business headquarters located shall receive the
application, issue, reissue, revision or revocation of Certificate of eligibility for
conditional industrial chemical production/trade;
In case an organization, individual trading chemicals has a warehouse in
another territory, the Department of Industry and Trade grants Certificate of
egibility shall send a copy of the application to the Department of Industry and
Trade of the province where the warehouse is located for comments. The
Department of Industry and Trade of the province where the warehouse is
located is responsible for inspection on conditions of the warehouse and send
feedback by written documents on the satisfaction of requirements mentioned
in the Decree No. 113/2017/ND-CP. The Department of Industry and Trade of
province granting the certificate shall send the certificate of egibility to the
Department of Industry and Trade of the province where the chemical
warehouse is located for collaboration in inspection and supervision;
c) An entity both producing and trading of conditional industrial chemicals
shall submit an application for the certificate of eligibility for conditional
industrial chemical production/trade including the documents stated in Clause 1
and Clause 2 Article 10 of the Decree No. 113/2017/ND-CP to the Department
of Industry and Trade of the province where the business headquarter is located;
2. Vietnam Chemical Agency shall receive application, issue, reissue,
revise, renew or revoke licenses of export/import of industrial precursor.
3. Vietnam Chemical Agency shall receive application for licensing of
restricted industrial chemical production/trade; carry out evaluation of dossier
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