Thông tư 40/2011/TT-BCT

CIRCULAR

ON CHEMICAL DECLARATION

Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; and the Government's Decree No. 44/2011/ND-CP of June 14, 2011, amending and supplementing Article 3 of Decree No. 189/2007/ND-CP;

Pursuant to the November 21, 2007 Chemical Law;

Pursuant to the Government's Decree No. 26/2011/ND-CP of April 8, 2011, amending and supplementing 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;

The Minister of Industry and Trade provides chemical declaration as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides forms of chemical declaration, direct declaration of imported chemicals and online chemical declaration.

Article 2. Subjects of application

This Circular applies to producers and importers of chemicals (including chemicals imported into export-processing zones) on the list of chemicals subject to declaration.

Article 3. Interpretation of terms

1. Chemical subject to declaration means a produced or imported chemical on the list of chemicals subject to declaration provided in Appendix V to the Government's Decree No. 26/2011/ND-CP of April 8,2011, amending and supplementing 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.

2. Certificate of produced/imported-chemical declaration (below refeired to as certificate) means a competent state agency's written certification of a chemical producer's or importer's completion of chemical declaration.

3. Direct chemical declaration means declaration by submission of dossiers at a competent state agency.

4. System of online grant of certificates of imported-chemical declaration (below referred to as the System) means the system to manage and grant certificates of chemical declaration of Vietnam at http://cuchoachat.gov.vn.

5. Provisional invoice means a document used for the first payment between a seller and a buyer, not for the final payment.

Article 4. 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.

Article 5. 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.

Article 6. 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.

Chapter II

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.

Section 2: ONLINE DECLARATION OF IMPORTED CHEMICALS

Article 11. Conditions for online chemical declaration

1. Having Internet-connected computers.

2. Having registered digital signatures at a competent state agency.

Article 12. Registration of dossiers for participation in the System

A first-time certificate applicant shall register a dossier for participation in the System with Vietnam Chemicals Agency. Registration steps are detailed in the instruction for use registration on the home page of the System. The process to register participation in the System is provided in Article 13 of this Circular.

Article 13. Process of registration for use of the System

1. Dossier of registration for participation in the System

a/ Application for registration of online chemical declaration, made according to the form provided in the home page of the System;

b/ Certified copy of the business registration certificate; certified copy of the tax identification number certificate.

2. Information declaration

Applicants shall fully fill in the registration form and submit directly or by post the registration dossier under Clause 1 of this Article to Vietnam Chemicals Agency.

3. Processing of registration dossiers

Within 3 (three) working days after receiving a registration dossier under Clause 1 of this Article, Vietnam Chemicals Agency shall check the accuracy of the dossier.

4. Examination of results

Based on the registration dossier mentioned in Clause 3 of this Article, Vietnam Chemicals Agency shall notify the applicant of the dossier's completeness or incompleteness through the latter's email address registered on the System.

Article 14. Dossiers of imported-chemical declaration

1. A dossier of imported-chemical declaration comprises the documents specified in Article 8 of this Circular. A declarant shall fill in the dossier declaration form published on the home page of the System.

2. Within 7 (seven) working days after submitting a valid dossier without a chemical sale invoice, the declarant shall supplement a scanned copy of the final invoice to Vietnam Chemicals Agency. If the dossier needs to be supplemented only with the invoice, the deadline for notifying results will not be extended.

Article 15. Chemical declaration

After fully filling in the dossier declaration form published on the home page of the System, a declarant shall attach a file scanned from the original and connect the digital signature device with the computer to send the dossier.

Article 16. Certificate grant

1. Within 3 (three) working days after receiving a dossier via the Internet, Vietnam Chemicals Agency shall consider the dossier and notify the applicant via the System if the dossier is incomplete or invalid.

2. Within 7 (seven) working days after receiving complete information and a valid dossier under Article 14 of this Circular, Vietnam Chemicals Agency shall grant a certificate to the applicant.

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

Chapter III

IMPLEMENTATION PROVISIONS

Article 17. Organization of implementation

1. Vietnam Chemicals Agency

a/ To assume the prime responsibility for, and coordinate with provincial-level Industry and Trade Departments and related agencies in, disseminating and guiding regulations on chemical declaration under Decree No. 26/ 2011/ND-CP and this Circular;

b/ To grant certificates of imported-chemical declaration. To assume the prime responsibility for, and coordinate with related agencies in, examining organizations and individuals in declaring imported chemicals.

2. Provincial-level Industry and Trade Departments

a/ To grant certificates for chemicals produced in their localities;

b/ To assume the prime responsibility for, and coordinate with Vietnam Chemicals Agency and related agencies in. examining the declaration of chemicals produced in their localities.

Article 18. Reporting regulations

1. Reporting on produced-chemical declaration

a/ Before January 31 every year, chemical producers shall submit reports for the previous year to provincial-level Industry and Trade Departments. An enterprise that does not produce chemicals on a regular basis shall notify in writing the provincial-level Industry and Trade Department of the year it does not produce chemicals;

b/ Before February 15 every year, provincial-level Industry and Trade Departments shall submit reports on the previous year's declaration of chemicals produced in their localities to the Ministry of Industry and Trade (Vietnam Chemicals Agency) for monitoring. The report form is provided in Appendix 4 to this Circular.

2. Reporting on imported chemicals

Before January 31 every year, chemical importers making direct chemical declaration shall submit reports on their chemical import of the previous year to the Ministry of Industn and Trade (Vietnam Chemicals Agency) for monitoring. The report form is provided in Appendix 5 to this Circular.

Article 19. Statistic updating

1. Provincial-level Industry and Trade Departments shall update statistics on certificates for chemicals produced in their localities.

2. Vietnam Chemicals Agency shall update statistics on certificates for imported chemicals.

Article 20. Handling of violations

1. Cadres and civil servants who impose additional procedures and conditions for chemical declaration in contravention of this Circular; or trouble or harass applicants when settling chemical declaration shall be handled under law.

2. Producers and importers of chemicals on the list of chemicals subject to declaration shall, depending on the nature, severity and consequences of their violations, be fined under the law on handling of administrative violations or be examined for penal liability under law when their violations constitute a crime; and pay damages under law when their violations harm the interests of the State or organizations or individuals.

Article 21. Effect

1. This Circular takes effect on December 31,2011.

2. Any problems arising in the implementation of this Circular should be promptly reported to the Ministry of Industry and Trade for consideration and settlement.-

* Note: All the appendices mentioned above are not printed herein.