Công văn 1372/HC-VP quy định chi tiết và hướng dẫn thi hành một số điều của Luật Hóa chất
|Cơ quan ban hành:||Cục hóa chất||Số công báo:||Đang cập nhật|
|Số hiệu:||1372/HC-VP||Ngày đăng công báo:||Đang cập nhật|
|Loại văn bản:||Công văn||Người ký:||Nguyễn Văn Thanh|
|Ngày ban hành:||08/12/2017||Ngày hết hiệu lực:||Đang cập nhật|
|Áp dụng:||Đã biết||Tình trạng hiệu lực:||Đã biết|
|Lĩnh vực:||Công nghiệp|
THE MINISTRY OF INDUSTRY AND TRADE
THE VIETNAM CHEMICALS AGENCY
Official Dispatch No. 1372/HC-VP dated December 08, 2017 of the Vietnam Chemicals Agency on response to queries about the Decree No. 113/2017/ND-CP guiding a number of Articles of the Law on Chemicals
To: The General Department of Customs
In response to suggestions and queries about the Decree No. 113/2017/ND-CP (hereinafter referred to as the “Decree No. 113”) specified in the Official Dispatch No. 7678/TCHQ-GSQL dated November 22, 2017 by the General Department of Customs, and according to the assignment by the leader of Ministry of Industry and Trade, the Vietnam Chemicals Agency has opinions on some issues as follows:
1. Interpretation of terms used in the Decree No. 113
In addition to terms defined in Article 3 of the Decree No. 113, terms defined in Article 4 of the Law on Chemicals shall be construed as follows:
- “chemical” means an element, a compound or mixture that is exploited or made by humans from natural or artificial raw materials.
- “substance” means an element or a compound, including any impurities generated from processing and any additives necessary to preserve the stability of physical and chemical properties but excluding solvents which may be separated without changing the characters of the substance.
- “mixture” means a combination of two or more substances which do not react under normal conditions.
- “chemical-related activities” refer to the investment, manufacturing, bottling, packaging, trading, import, export, transport, storage, preservation, use, research and testing of chemicals, and treatment of discarded chemicals and chemical waste.
2. Industrial precursors (In response to the query specified in Section 1, 3.3 of the Official Dispatch No. 7678/TCHQ-GSQL)
2.1. For mixtures containing industrial precursors:
Pursuant to the Law on Drug Prevention and Control, “precursors” are chemicals essential for the preparation and production of narcotic drugs and are included in the list of precursors announced by the Government. Pursuant to the Law on Chemicals, “chemical” means an element, a compound or mixture that is exploited or made by humans from natural or artificial raw materials.
On the other hand, pursuant to Clause 1 Article 6 of Decree No. 58/2003/ND-CP, “An application for import/ export license must specify the following contents: Name and address of importer/exporter; import/export purposes; name and address of manufacturer; name, quantity and content of narcotic substance, precursor, narcotic drug or psychotropic drug to be imported/exported; vehicle and proofs of satisfaction of requirements for safe transport; time and name of the checkpoint through which imports/exports are transported". Thus, the regulation on “content” mentioned above is applied to mixtures.
The list of chemicals only specifies names, CAS codes and HS codes of pure chemicals. Actually, almost chemicals in general and industrial precursors in particular exist in the mixture form which contains two or more components with different contents as well as different physiochemical properties and hazards, and may be assigned with a HS code different from HS codes of its component substances. In chemistry sector, and pursuant to international practices, all chemicals, including both hazardous substances and mixtures, must be properly managed and controlled.
Applying HS codes to imported/exported goods is under the authority of Customs agencies. Thus, HS codes specified in lists enclosed with the Decree No. 113 are used for reference purpose (as noted at such lists) in order to identify substances.
2.2. Products/goods containing industrial precursors:
Responsibility of Ministry of Industry and Trade defined in the Law on Drug Prevention and Control: Ministry of Industry and Trade shall promulgate lists of industrial precursors, regulations on management of industrial precursors and organize the implementation of such regulations (Point a Clause 1 Article 41). On the other hand, Ministry of Industry and Trade, pursuant to the Law on Chemicals, shall also manage chemicals used in industrial activities and chemicals which are industrial precursors (Point c Clause 1 Article 63).
Regulated entities of the Decree No. 113 are specified in Article 2 of the Decree: “This Decree applies to entities performing chemical-related activities, and those involving in chemical-related activities in the territory of the Socialist Republic of Vietnam.” Thus, the Decree No. 113 only applies to activities related to chemicals, including elements, compounds and mixtures.
According to the above-mentioned grounds, consumer products containing chemicals such as sulfuric acid used in lead-acid batteries, phenylacetic acid which is an auxin (a plant hormone) in fruits, phenylacetic acid used in certain types of perfumes, acetic acid (foods) used as organic solvent, pharmaceutical product, rubber, paint, dye, foods, fabric cleaner, etc., acetone contained in detergents, cleaning tools, or used to prepare 2-part epoxy, paint and varnish, tartaric acid used in foods, paint products, and inks containing precursors, etc. (as specified in the Official Dispatch No. 7678/TCHQ-GSQL) shall not be governed by regulations of the Decree No. 113.
Regulations on exemption from the license to import/export industrial precursors as specified in Clause 1 Article 13 of the Decree No. 113 apply to imported/exported chemicals containing industrial precursors with the aims of simplifying administrative procedures as regulated in the Government’s Resolution No. 19.
3. Declaration of imported chemicals (In response to the query specified in Section 2, 3.5 of the Official Dispatch No. 7678/TCHQ-GSQL)
3.1. Declaration of imported chemicals, which are mixtures:
Clause 2 Article 25 of Decree No. 113 stipulates: “Chemicals subject to mandatory declaration include substances on the list of chemicals subject to mandatory declaration and mixtures that contain substances on the list of chemicals subject to mandatory declaration and are classified as hazardous chemicals in Article 23 herein, unless otherwise exempted under the provisions of Article 28 herein.”
Thus, when importing mixtures that contain any substance that is on the list of chemicals subject to mandatory declaration (as regulated in the Appendix V of the Decree No. 113) and is classified as hazardous chemical, importers are required to make declaration of imported chemicals and when doing so, must specify substances whose names are stated in the Appendix V of the Decree No. 113.
Regulation on content limits of chemicals subject to mandatory declaration in mixtures is not feasible because a substance may exist in various mixtures. Mixtures may differ in their components and contents thereof which influence on the hazard of mixtures. Hence, determining whether a mixture is hazardous and needs to be managed or not should be based on classification result of each mixture. With regard to imported chemicals, relevant agencies may refer to the classification of chemicals stated in the safety data sheets provided by manufacturers.
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