Quyết định 851/QD-BCT

DECISION

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF VIETNAM CHEMICALS AGENCY

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Government's Decree No. 36/2012/ND-CP dated April 18^th 2012, defining the functions, tasks, powers and organizational structure of Ministries and ministerial agencies;

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12^th 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the request of the Director of Vietnam Chemicals Agency and the Director of the Official Management Agency,

DECIDES:

Article 1. Position and functions

1. Vietnam Chemicals Agency is an organization affiliated to the Ministry of Industry and Trade and advises the Minister of Industry and Trade on state management of chemicals as prescribed by law.

2. Vietnam Chemicals Agency has a separate legal status, seal, and account; its funding is provided by the State budget, and the head office is located in Hanoi.

Business name in English: Vietnam Chemicals Agency.

Abbreviated name: VINACHEMIA.

Article 2. Tasks and entitlements

1. Formulate the following documents for the Minister of Industry and Trade to request competent authorities to promulgate them:

a) Draft of laws, ordinances, Resolutions of the National Assembly, Standing Committee of the National Assembly, the Government, and the Prime Minister on chemicals;

b) Strategies and plans for long-term development of national chemical industry; projects, programs, mechanisms, and policies on chemicals and industrial explosives according to the appointment of the Government and the Prime Minister; the programs for negotiation and accession to International Agreements on chemicals;

c) The national list of chemicals, national chemical database, and list of precursors used in industry; list of conditional chemicals; list of chemicals restricted from production and trade, list of banned chemicals; list of chemicals that must be reported; list of dangerous chemicals to be included in plans for preventing and responding to chemical incidents; list of chemicals to be included in plans for preventing and responding to chemical incidents as prescribed by the Law on Chemicals;

d) The application for licensing the production, export, import, and use of banned chemical for special purposes as prescribed by law.

2. Request the Minister to issue:

a) Annual and 5-year plans for chemical industry development; for the production, trade, export, import of chemicals and industrial explosives as prescribed by law;

b) The technical regulations on chemicals, the regulations on the equipment, proficiency, and safety distance of chemical facilities as prescribed by law; the conditions and appointment of new chemical-assessing organizations; the regulation on the management of precursors used for industry;

c) The list of toxins and the forms for controlling toxin trade;

d) The examination on fundamental design of specialized building works belonging to projects type A and B regardless of funding sources, and examination on fundamental design of projects on the ammonium nitrate production as prescribed by law;

dd) The regulation on the classification and labeling of chemicals according to the global harmonized system of chemical classification and labeling; the registration of chemicals and chemical safety information.

3. Cooperate with relevant units in examining and requesting the Minister to approve the Plan for prevention and response to chemical incidents of organizations and individuals. Supervise and provide guidance on the implementation of the regulations on measures for preventing and responding to chemical incidents; chemicals restricted from production and trade; chemicals subject to conditional production and trade, dangerous chemicals used for industry of organizations and individuals.

4. Cooperate in providing guidance and supervise the implementation of legislative documents, policies, plans, projects, programs, and regulations on chemicals after they are approved; propagating and disseminating the laws on chemicals.

5. Provide guidance on the classification and labeling of dangerous chemicals; the registration of chemicals as prescribed by law; and chemical safety information.

6. Issue the documents guiding the expertise in chemicals and internal documents under Vinachemia’s management as prescribed by law.

7. Issue and revoke licenses, certificates, and registration related to chemicals as prescribed by law (licenses to export and import precursor substances in production; licenses to produce and trade in chemicals, the list of chemicals restricted from production and trade; decisions to permit the production of explosive precursors, licenses to trade in explosive precursors; licenses to export and import explosive precursors and industrial explosives).

8. Carry out supervisions and penalize violations against the laws on chemicals, on the export and import of industrial explosives and explosive precursors; settle complaints relating to chemicals, the export and import of industrial explosives and explosive precursors.

9. Build a new system of chemical laboratories in Vietnam.

10. Cooperate with competent authorities in providing training courses in chemical safety for organizations and individuals involved in chemical activities; provide training in professional knowledge and expertise in chemical management for officials; bide local chemical control systems.

11. Cooperate with competent authorities in the production and trade in inorganic fertilizer.

12. Monitor the HIV/AIDS, Drug, and Prostitution Control Board affiliated to the Ministries; Monitor the Interdisciplinary Department of Implementation of Chemical Weapons Convention and International Conventions relating to chemicals to which Vietnam is a signatory.

13. Ensure the international cooperation in chemical activities as assigned Ministries.

14. Formulate programs and projects serving the management and development of the industry, conduct research and application of scientific or technological advances in chemicals as assigned by Ministries.

15. Provide templates of reports and request organizations and individuals involved in chemical activities to provide information and documents to accomplish assigned tasks; summarize, make statistics and reports on chemical activities nationwide; build a national chemical database.

16. Advise the Minister to exercise the rights and fulfill the responsibilities to state-owned corporations affiliated to or under the management of the Ministry of Industry and Trade, and joint-stock companies of which the state-owned capital is held by the Ministry of Industry and Trade.

17. Use the allocated the State budget and make expenditures ad prescribed by law.

18. Carry out administrative reform in chemical industry according to the administrative reform plans of Ministries.

19. Manage the personnel, finance, and assets in accordance with law and direction of Ministries.

20. Carry out specialized inspections of chemical under the state management of the Ministry as prescribed by law.

21. Perform other tasks delegated by Ministers.

Article 3. Organizational structure

1. Assistance apparatus:

a) The office;

b) The Department of Precursor Management;

c) The Department of International Cooperation and Convention;

d) The Department of Chemical Industry Development and Policies;

dd) The Department of Chemical Information;

e) The representative office of Vietnam Chemicals Agency in Ho Chi Minh city;

g) The representative office of Vietnam Chemicals Agency in Da Nang city;

2. Public service providers

Chemical Incident Response and Database Center.

The establishment, merger, or dissolution of the units affiliated to Vietnam Chemicals Agency shall be considered by the Minister of Industry and Trade and decided by the Director of Vietnam Chemicals Agency.

Article 4. The managers

1. Vietnam Chemicals Agency has one Director and no more than 03 Deputy Directors.

2. The Director and Deputy Directors are appointed and dismissed by the Minister as prescribed by law.

3. The Director shall define the functions, tasks, powers and organizational structure; appoint, dismiss, arrange, reward, and discipline the managers of units affiliated to Vietnam Chemicals Agency as prescribed by law and arrangement of the Minister.

4. The Director of Vietnam Chemicals Agency is responsible to the Minister and law for the activities of the Agency. Deputy Directors are responsible to the Director and law for their tasks.

Article 5. Effect and implementation

1. This Decision comes into force from the day on which it is signed.

2. This Decision supersedes the Decision No. 1008/QD-BCT dated February 25^th 2009 of the Minister of Industry and Trade, defining the functions, tasks, powers and organizational structure of Vietnam Chemicals Agency.

3. The previous regulations at odds with this Decision are annulled.

4. The Chief of the Ministry Office, the Chief Ministerial Inspector, Directors of Departments and units affiliated to Ministries are responsible for the implementation of this Decision./.