DECREE 113/2017/ND-CP

SPECIFYING AND PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN ARTICLES OF THE LAW ON CHEMICALS

Article 20. Plans for prevention of and response to chemical emergencies (hereinafter referred to as “plans”)

1. The list of hazardous chemicals along with plans is provided in Appendix IV attached hereto.

2. Investors of projects that involve production, trade, storage or use of chemicals containing at least 1 chemical mentioned in Appendix IV attached hereto with the maximum storage volume at a period of time over or equal to the volume stated in such Appendix shall make plans for every hazardous chemical of projects and submit them to relevant ministries for inspection and approval before putting projects into operation.

3. The plans include basic contents prescribed in Article 39 of the Law on Chemicals.

4. Application for inspection of the plan

a) A completed application form provided in the specimen mentioned in Clause 9 this Article;

b) 9 copies of the plan.

5. The time limit for inspection and approval of the plan is 22 working days from the day on which the valid application is received, excluding the time for supplement the documents specified in Point b and Point d Clause 6 this Article.

6. Procedures for inspection and approval of the plan

a) The applicant shall make 1 set of application and send it, by post, in person or through the online public service system, to an inspecting authority;

b) If the application is invalid, the inspecting authority shall inform the applicant of additional documents within 3 days from the day on which the application is received;

c) After receiving the valid application, the inspecting authority shall carry out inspections of the plan. Inspection of the plan shall be carried out through the inspection council mentioned in Clause 7 this Article;

d) If the plan is rejected, the applicant shall re-make the plan. The application and procedures for inspection shall be carried out similarly to that for the first time;

dd) In the cases where the plan is approved or approved with requirements for revision, the applicant shall fulfill requirements stated in the inspection record and send a physical explanation, 1 soft copy and 7 hard copies of the plan revised at the request of the inspection council to the inspecting authority;

e) After receiving the request from the applicant, the inspecting authority shall consider approving the plan or provide the applicant with a written explanation if the plan is rejected. The specimen of the decision on approval of the plan is provided in Appendix VI attached hereto;

g) On the basis of the approved plan, the inspecting authority shall certify in the title page of the plan and send the decision on approval and the plan to specialized authorities, state authorities responsible for fire and environmental safety of the province; People’s Committees of districts; management unit of an industrial park, export-processing zone or economic zone if the project is located therein.

7. Organization and operation of the inspection council

a) The inspection council is founded by an approving authority of the plan. The inspection council is composed of representatives of the inspecting authority and state authorities of the province where the project is executed, including specialized authorities and state authorities responsible for fire and environmental safety. Such council may include experts in relevant fields;

b) The organizational structure of the inspection council consists of: Chair, Vice Chair, reviewer, secretary and members. The total minimum number of the council is 7 people and maximum is 9 people;

c) The inspection council shall conduct inspection visits of the compliance with regulations on chemical safety, assess and inspect the plan and take responsibility for inspection results;

d) The inspection council shall make decisions through discussions among the council's members and make inspection records in accordance with the prescribed specimen. The plan shall be assessed by votes. The inspection council shall cease operation and dissolve after the plan is approved;

dd) The inspection council shall only convene a meeting with participation of at least 2/3 of the council's members, including the Chair or Vice Chair and at least a reviewer. Only the council's members attending the meeting shall have the rights to vote for the plan;

e) If the Chair or the Vice Chair in case of absence of the Chair, the inspection results shall be concluded according to the following principles: The plan is deemed approved without revision if at least 2/3 of the council’s members attending the meeting approve and the remaining members all approve with requirements for revision; the plan is considered not approved if over 1/3 of the council’s members attending the meeting disapprove the plan; or the plan is approved with requirements for revision in other cases.

8. Responsibilities of entities having approved plans

a) Fulfill the requirements specified in the plan in the course of carrying out chemical-related activities;

b) Retain the plan at the factory/store as the basic for supervising safety at the chemical factory/store and present it to competent authorities if required;

c) Organize rehearsals on the response to chemical emergencies developed in the plan in the presence of representatives of the central or local specialized authorities annually;

d) Submit a report on any change to the investment process and activities related to contents stated in the plan to the inspection authority (if any). Re-making of the plan, application and procedures of inspection and approval of the plan shall be carried out similarly to those in the first time.

9. Responsibilities of relevant ministries

a) Take charge and cooperate with state authorities related to inspection and approval of plans;

b) Provide guidelines for presentation, layout and contents of plans under their management;

c) Develop inspection plans and carry out periodic or ad hoc inspections of the compliance with regulations on plans under their management;

d) Specify specimens of the documents mentioned in this Article.

10. Responsibilities of provincial authorities

Carry out inspections and supervision of the compliance with regulations on plans under their management.

Article 21. Measures for prevention of and response to chemical emergencies (hereinafter referred to as “measures”)

1. Entities proposing measures

a) Investors of projects that involve in production, trade, storage or use of chemicals except for the chemicals mentioned in Clause 2 Article 20 herein shall propose measures before projects come into operation;

b) Investors shall make decisions on issuance of such measures and present to competent authorities if required.

2. The measures include basic contents prescribed in Clause 3 Article 36 of the Law on Chemicals.

3. Responsibilities of entities implementing measures

a) In the course of production, trade, use or storage of chemicals, entities shall comply with contents stated in measures that have been proposed;

b) Measures shall be retained at factories/stores of entities and become the basis for them to carry out supervision of chemical safety;

c) Entities shall revise measures in case of any change to the investment process and activities related to the contents proposed in measures.

4. Responsibilities of provincial authorities

Carry out inspections and supervision of the compliance with regulations on measures by entities under their management.

5. Responsibilities of relevant ministries

a) Provide guidelines for presentation, layout and contents of measures under their management;

b) Develop inspection plans and carry out periodic or ad hoc inspections of the compliance with regulations on measures under their management.

Article 22. Determination of safety distance of hazardous chemical factories/stores

1. The Ministry of Industry and Trade shall take charge and cooperate with relevant ministries and authorities in develop and issue technical regulations on specific safety distance for production, trade, storage or use of hazardous chemicals mentioned in Appendix IV herein.

2. Responsibilities of establishment of the safety distance

a) Projects involving in production, trade, storage or use of hazardous chemicals specified in Appendix IV herein and having the design of factories/stores inspected by inspecting authorities after the effective date of the technical regulations on safety distance shall establish the safety distance for residential areas, public works, historical and cultural sites, places of scenic beauty, natural reserves, national parks, biosphere reserves, habitat conservation zones, marine conservation zones and domestic water sources in the feasibility study reports;

b) Entities shall not construct housing or other works within safety distance, apart from specialized works permitted by a competent state authority;

c) Entities shall maintain the safety distance when making plans for land use and chemical industry and selecting locations for building industrial parks, export-processing zones and relevant projects.

Article 31. Provision of training courses in chemical safety

1. Entities having chemical-related activities shall provide training courses in chemical safety or appoint the individuals specified in Article 32 herein to participate in training courses organized by chemical safety training centers every 2 years.

2. Chemical safety training activities may be organized separately or in combination with other safety training activities regulated by law.

3. Trained persons must be retrained in if there is a change in the categories of chemicals, technologies, facilities and production plans related to their working positions; if they change their working positions; they fail to meet the training requirements after taking the 2nd examination; 2 years after the previous training course.

4. Regulations on chemical safety training in this Chapter do not apply to entities engaging in petrol and oil, petroleum or industrial explosives; entities transporting chemicals by road, rail and inland waterways.

Article 32. Individuals provided with training courses in chemical safety

1. Group 1:

a) Heads of factories/stores, divisions and branches; heads of production/trade/technical departments; managers of factories or equivalents;

b) Vice heads of factories/stores mentioned in Point a Clause 1 this Article responsible for chemical safety.

2. Group 2:

a) Full-time or part-time officials responsible for chemical safety of factories/stores;

b) Supervisors directly overseeing chemical safety.

3. Group 3: Employees directly involving in chemicals.

Article 33. Programs, trainers and period of training courses in chemical safety

1. Programs of training courses in chemical safety shall be in line with positions of trainees; nature, types and hazards of chemicals in factories/stores.

2. Group 1 training programs:

a) Regulations of law on chemical-related activities;

b) Hazardous elements in production, trade, storage and use of chemicals in factories/stores;

c) Plans for cooperation with competent authorities in mobilizing internal and external resources of chemical factories/stores to take preventive and remedial measures for chemical emergencies.

3. Group 2 training programs:

a) Regulations of law on chemical-related activities;

b) Hazards of chemicals, safety data sheets of every hazardous chemical in production, trade, storage and use of chemicals of factories/stores; classification and labeling of chemicals;

c) Process of chemical safety management, safety techniques when working and contacting with hazardous chemicals;

d) Hazardous elements in production, trade, storage and use of chemicals in factories/stores;

dd) Preventive measures and response to chemical emergencies; plans for cooperation with competent authorities in mobilizing internal and external resources of factories/stores to take preventive and remedial measures for such emergencies; preventive measures for limiting pollution causes spreading to the environment; remedial measures for the environment after chemical emergencies.

4. Group 3 training programs:

a) Chemicals used for production, trade, storage and use of chemicals in factories/stores including names and hazards of chemicals, classification and labelling of chemicals and safety data sheets;

b) Risks of chemical unsafety in production, trade, storage and use of chemicals;

c) Processes of production, storage and use of chemicals suitable for working positions; regulations on chemical safety;

d) Procedures for responding to chemical emergencies: Use of rescue means to handle emergencies related to fire or spread of chemicals; first aid for victims in chemical emergencies; use, preservation and inspection of safety equipment, means and equipment for personal protection in order to cope with chemical emergencies; process and communication diagram of emergency notification; preventing and limiting sources of pollution spreading to the environment; collecting chemical spills and taking remedial measures for the environment after chemical emergencies.

5. Trainers of chemical safety:

Trainers of chemical safety shall obtain a bachelor’s degree or higher degree in chemicals and have at least 5 years of working in the field of chemical safety.

6. Period of training in chemical safety:

a) Group 1: At least 8 hours including time for examinations;

b) Group 2: At least 12 hours including time for examinations;

c) Group 3: At least 16 hours including time for examinations.

Article 34. Assessment of results and retention of documents on training in chemical safety

1. Entities having chemical-related activities or chemical safety training centers shall set examinations on to assess results of training in chemical safety.

2. Regulations on examinations

a) Examination contents shall be suitable for training programs;

b) The maximum time for an examination is 2 hours;

c) Pass examination shall reach at least average scores.

3. Within 15 working days from the day on which the training courses and examinations on chemical safety complete, entities providing training courses and setting examinations shall issue decisions on accreditation of chemical safety examination results.

4. Documents on training in chemical safety include:

a) Training programs;

b) The list of trainees including full name, date of birth, title, position and signature of each trainee;

c) Information about trainers including full name, date of birth, educational level, major, working experience and proving documents of each trainer;

d) Contents and results of examinations on chemical safety;

dd) Decisions on accreditation of chemical safety examination results;

5. Organizations and individuals shall retain all the documents stated in Clause 4 this Article for 3 years and present them to state authorities if required.

Article 35. Inspection of training courses in chemical safety

1. Departments of Industry and Trade of provinces shall carry out periodic inspections of the compliance with regulations on training courses in chemical safety provided by relevant entities once a year.

2. The Ministry of Industry and Trade and Departments of Industry and Trade of provinces may prepare inspection plans and carry out ad hoc inspections of the compliance with regulations on training courses in chemical safety provided by relevant entities if necessary.