Decree 108/2008/NĐ-CP

DECREE DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE CHEMICAL LAW THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the November 21, 2007 Chemical Law; At the proposal of the Minister of Industry and Trade, DECREES: Chapter I GENERAL PROVISIONS Article 1 . Scope of regulation This Decree details and guides the implementation of a number of articles of the Chemical Law regarding: 1. Conditions on chemical production and trading and the list of chemicals subject to conditional production or trading; the list of chemicals restricted from production or trading: and the list of banned chemicals. 2. The list of chemicals for which chemical incident prevention and response plans are required; safety distances for establishments producing or trading in hazardous chemicals. 3. The list of chemicals subject to compulsory declaration. 4. Concentration limits for hazardous chemicals at which chemical safety data sheets are required to be compiled. 5. Information on chemicals. 6. The national chemical database and the national chemical list. 7. Responsibilities of ministries, branches and People's Committees of all levels to manage chemical activities. Article 2. Subjects of application This Decree applies to organizations and individuals engaged in chemical activities; organizations and individuals related to chemical activities in the territory of the Socialist Republic of Vietnam. Article 3 . Interpretation of terms In this Decree, the terms and phrases below are construed as follows: 1. GHS is an acronym for the Globally Harmonized System of Classification and Labeling of Chemicals. 2. National chemical list means a Government-promulgated list of chemicals presently in use in Vietnam. 3. National chemical database means a database of information on chemicals produced and imported into Vietnam, which is stored and updated by the Ministry of Industry and Trade. 4. HACCP is an acronym for the System of Hazard Analysis and Critical Control Points for management of food hygiene and safety in food processing establishments. Chapter II LISTS OF CHEMICALS Article 4 . Lists of chemicals subject to conditional production or trading, chemicals restricted from production or trading, and banned chemicals 1. Promulgated together with this Decree are lists of chemicals specified in Articles 14, 15 and 19 of the Chemical Law, including: a) The list of chemicals subject to conditional production or trading (Appendix I); b) The list of chemicals restricted from production or trading (Appendix II); c) The list of banned chemicals (Appendix III). 2. To meet management requirements in each period, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with line ministries in, studying and proposing amendments and supplements to the lists of chemicals specified in Clause 1 of this Article to the Government for decision. 3. Line ministers shall guide the compilation and evaluation of dossiers to be submitted to the Prime Minister for permission for the production, import and use of banned chemicals for special purposes in security, defense, disease and epidemic prevention and control and in other special cases. Article 5 . The list of hazardous chemicals for which chemical incident prevention and response plans are required 1. Promulgated together with this Decree is a list of hazardous chemicals for which organizations and individuals engaged in chemical activities are required to elaborate chemical incident prevention and response plans as specified in Article 38 of the Chemical Law (Appendix IV). 2. To meet management requirements in each period, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with line ministries in, studying and proposing amendments and supplements to the list of chemicals specified in Clause 1 of this Article to the Government for decision Article 6 . The list of chemicals subject to compulsory declaration 1. Promulgated together with this Decree is a list of chemicals subject to compulsory declaration (Appendix V). 2. To meet management requirements in each period, the Ministry of Industry and Trade shall assume the prime responsibility for. and coordinate with line ministries in. studying and proposing amendments and supplements to the list of chemicals specified in Clause i of this Article to the Government for decision. Chapter III CONDITIONS ON PRODUCTION OR TRADING OF CHEMICALS RESTRICTED FROM PRODUCTION OR TRADING, AND CHEMICALS SUBJECT TO CONDITIONAL PRODUCTION OR TRADING Article 7 . Conditions on production or trading of chemicals subject to conditional production or trading in the industrial sector 1. Directors or technical deputy directors of establishments producing or trading in chemicals subject to conditional production or trading in the industrial sector must possess university degrees in a chemical discipline. 2. These establishments must have personnel specializing in chemical safety management, chemical incident response forces and prevention and response equipment and facilities suitable to their sizes and characteristics of chemicals; possess registration certificates for use of hazardous chemicals with peculiar requirements in industries under Decision No. 136/2004/QD-BCN of November 19, 2004, of the Ministry of Industry (now the Ministry of Industry and Trade). 3. These establishments must have sufficient quality control equipment and devices or enter into quality control contracts with capable accredited units to inspect the quality of industrial chemicals and chemical products to ensure they are up to standards accepted by agencies competent to manage industries. 4. These establishments shall devise measures to manage and have safety equipment and devices to prevent and fight fire, explosion, chemical leakage and dispersal, and other chemical incidents under the Fire Prevention and Fighting Law, the Chemical Law and other specific technical regulations applicable to each kind of chemical and equipment used in their establishments. They must have equipment and devices to control, collect and dispose of hazardous waste under the law on environmental protection, and apply the environmental management system under ISO 14000 before December 31, 2010. 5. The Ministry of Industry and Trade shall guide the implementation of the provisions of this Article. Article 8 . Conditions on production or trading of chemicals subject to conditional production or trading in the healthcare sector 1. Directors or technical deputy directors of establishments producing or trading in chemicals subject to conditional production or trading in the healthcare sector must have professional qualifications and practice certificates suitable to business forms of these establishments. 2. Production establishments must have material and technical foundations and personnel satisfying requirements of good medicine manufacturing and trading practices under the roadmap of application of good practices standards specified in the Government's Decree No. 79/2006/ND-CP of August 9, 2006, detailing the implementation of a number of articles of the Pharmacy Law. 3. Establishments producing chemicals subject to conditional production or trading in the healthcare sector must have sufficient quality control equipment and devices or enter into quality control contracts with capable units to inspect the quality of medical chemicals and chemical products to ensure they are up to pharmacopoeial standards and other standards accepted by competent health agencies. 4. These establishments shall devise measures to manage and have safety equipment and devices to prevent and fight fire, explosion, chemical leakage and dispersal, and other chemical incidents under the Fire Prevention and Fighting Law, the Chemical Law and other specific technical regulations applicable to each kind of chemical and equipment used in their establishments. 5. Establishments trading in chemicals and chemical products subject to conditional production or trading in the healthcare sector must have sufficient material foundations and manpower as required by the pharmacy law. 6. The Ministry of Health shall guide the implementation of the provisions of this Article. Article 9 . Conditions on production or trading of chemicals subject to conditional production or trading in the food industry 1. Directors or technical deputy directors of establishments producing or trading in chemicals subject to conditional production or trading in the food industry must possess university degrees in food chemistry, pharmacy or medicine. 1. These establishments must have material and technical foundations and personnel satisfying HACCP standards. 2. These establishments must have sufficient quality control equipment and devices or enter into quality control contracts with capable accredited units to inspect the quality of chemicals and chemical products in the food industry to ensure they are up to standards accepted by a competent health agency for each production batch. 3. These establishments shall devise measures to manage and have safety equipment and devices to prevent and fight fire, explosion, chemical leakage and emission, and other chemical incidents under the Fire Prevention and Fighting Law, the Chemical Law and other specific technical safety regulations applicable to each kind of hazardous chemical and equipment used their establishments. 4. The Ministry of Health shall guide the implementation of the provisions of this Article. Article 10 . Conditions on production or trading of chemicals subject to conditional production or trading in the chemical pesticide industry 1. Directors or technical deputy directors of establishments producing (including bottling and packaging) chemicals subject to conditional production or trading in the chemical pesticide industry must possess university degrees in chemistry or agriculture and practice licenses under the Regulation on management of plant protection drugs promulgated together with the Government's Decree No. 58/2002/ND-CP of June 3, 2002. 2. Establishments producing chemicals and chemical products subject to conditional production or trading in the chemical pesticide industry must have material and technical foundations and personnel meeting the requirements prescribed in Chapter II of the Regulation on management of plant protection drugs promulgated together with the Government's Decree No. 58/2002/ND-CP of June 3, 2002. 3. These establishments must have sufficient quality control equipment and devices or enter into quality control contracts with capable accredited units to inspect the quality of chemicals and chemical products in the chemical pesticide industry to ensure they are up to standards accepted by competent agricultural agencies for each production batch. 4. These establishments shall devise measures to manage and have safety equipment and devices to prevent and fight fire, explosion, chemical leakage and emission, and other chemical incidents under the Fire Prevention and Fighting Law, the Chemical Law and other specific technical safety regulations applicable to each kind of hazardous chemical and equipment used in their establishments. They must have equipment and devices to control, collect and dispose of hazardous waste under the environmental protection law, and apply the environmental management system under ISO 14000 before December 31. 2010. 5. Organizations and individuals trading in chemicals subject to conditional production or trading in the chemical pesticide industry must have practice certificates and material and technical foundations specified in the Government's Decree No. 58/2002/ND-CP of June 3, 2002. 6. The Ministry of Agriculture and Rural Development shall guide the implementation of the provisions of this Article. Article 11 . Conditions on production or trading of chemicals subject to conditional production or trading in the veterinary chemical industry 1. Directors or technical deputy directors of establishments producing chemicals subject to conditional production or trading in veterinary medicine must possess university degrees in chemistry, agriculture or pharmaceuticals. 2. These establishments must have business registrations for trading in veterinary medicines, bio-products and microorganisms and chemicals used in veterinary medicine. 3. These establishments must have locations and material and technical foundations for chemical production and preservation up to veterinary hygiene standards under the Government's Decree No. 33/2005/ND-CP of March 15, 2005 detailing a number of articles of the Veterinary Medicine Ordinance. 4. These establishments must have sufficient quality control equipment and devices or enter into quality control contracts with capable accredited units to inspect the quality of chemicals and chemical products for veterinary medicine to ensure they are up to standards accepted by competent agricultural agencies for each production batch. 5. These establishments shall devise measures to manage and have safety equipment and devices to prevent and fight fire, explosion, chemical leakage and emission, and other chemical incidents under the Fire Prevention and Fighting Law, the Chemical Law and other specific technical safety regulations applicable to each kind of hazardous chemical and equipment used in their establishments. 6. Organizations and individuals trading in chemicals subject to conditional production or trading in veterinary medicine must have material and technical foundations up to veterinary hygiene standards under the Government's Decree No. 33/2005/ND-CP of March 15, 2005 detailing a number of articles of the Veterinary Medicine Ordinance. 7. The Ministry of Agriculture and Rural Development shall guide the implementation of the provisions of this Article. Article 12 . Conditions on production or trading of chemicals restricted from production or trading Organizations and individuals producing or trading in chemicals and chemical products restricted from production or trading in the above sectors or industries must, apart from satisfying the conditions specified in Articles 7 thru 11 of this Chapter, satisfy the conditions of planning, business restrictions, security, defense or social safety and order specified in the Pharmacy Law, the Drug Prevention and Fighting Law and relevant legal documents. Chapter IV SAFETY DISTANCES Article 13. Responsibility to establish safety distances 1. Investment projects on the production of or trading in chemicals on the list specified in Appendix IV to this Decree shall establish safety distances between chemical-producing or -storing facilities and residential areas, public works, historical or cultural relics, scenic places, beauty spots, natural reserves, national parks, biosphere reserves, species-habitat conservation areas, marine conservation areas and daily-life water sources. 2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with line ministries and local People's Committees in. handling existing chemical production establishments which fail to ensure safety distance conditions under this Decree or have their safety distances encroached upon and urging them to establish new safety distances before December 31, 2010. Article 14 . Determination of safety distances 1. Organizations and individuals with establishments producing or storing hazardous chemicals specified in Appendix IV to this Decree shall determine safety distances to ensure that hazardous elements in places or positions protected by law are below quantitative limits. a) In ease a hazardous chemical leaked from an incident is a toxic vapor or gas or emits a toxic vapor or gas, the quantitative limit is the toxic chemical concentration in the air (milligram/m3) at which a person exposed to that vapor or gas for up to 60 minutes does not suffer from an irrecoverable effect or an injury of a degree requiring the use of protection devices or corresponding protection actions; b) In case a hazardous chemical leaked from an incident is a flammable or explosive vapor or gas or emits a flammable or explosive vapor or gas, the quantitative limit is the weight of that vapor or gas in the air expressed as percentage (%) of volume or in mg)l, which is below the lower limit of flammable concentration or the lower explosive limit; c) In case of blast wave spreading from a hazardous chemical explosion, the quantitative limit is the level of air pressure surge caused by the spreading blast wave and equal to 6.9 kPa. 2. The determination of safety distances must be based on specific hydrometeorological and topographical conditions at the locations of hazardous chemicals-producing or -storing establishments and technological conditions of the hazardous chemical production or storing process. 3. For hazardous chemicals which are both flammable or explosive and toxic, safety distances in case of incident occurrence shall be determined separately tor each hazardous property and the maximum determined value will be applicable. 4. For an establishment with many kinds of hazardous chemicals, its safety distance shall be determined separately for each kind of chemical and the maximum safety distance will be applicable. 5. For an establishment with many equipment for hazardous chemical production or storage installed in different places, its safety distance shall be determined separately for each kind of equipment. The safety distance applicable to all of these equipment must cover the specific safety distance for each equipment. 6. The Ministry of Industry and Trade shall elaborate and promulgate technical regulations on safety distances applicable to establishments producing or trading in hazardous chemicals specified in Appendix IV to this Decree. Article 15 . Change in safety distances A safety distance must be changed as appropriate in the following cases: 1. A hazardous chemical -producing or -storing establishment makes a change in production or storing technology or volume or experiences any change leading to a change in the safety distance. 2. Statistics on hazardous chemical incidents for the last five years show that the estimated safety distance is greatly different from reality. 3. In case the safety distance from a place where an equipment is installed to places or positions under protection does not satisfy the permissible quantitative limit, the hazardous chemical-producing or -storing establishment shall apply measures to assure the prescribed safety distance as specified below: a) Reducing the volume of produced or stored hazardous chemicals; b) Applying additional measures of sheltering and covering or using devices to reduce the leakage of hazardous chemicals; c) Changing the technology for producing or storing hazardous chemicals in order to reduce the production or storing volume, pressure or temperature of hazardous chemicals. Chapter V CONCENTRATION LIMITS FOR HAZARDOUS SUBSTANCES IN COMPOUNDS AT WHICH CHEMICAL SAFETY DATA SHEETS ARE REQUIRED TO BE COMPILED Article 16 . Detailed classification of hazardous chemicals according to the Globally Harmonized System of Classification and Labeling of Chemicals Hazardous chemicals defined in Clause 4, Article 4 of the Chemical Law are divided into classes of hazardous chemicals and have the following specific properties: 1. Explosives: a) Unstable explosives: b) Explosives category 1; c) Explosives category 2: d) Explosives category 3; e) Explosives category 4; f) Explosives category 5; g) Explosives category 6. 2. Flammable gases: a) Flammable gases category 1; b) Flammable gases category 2. 3. Flammable aerosols category: a) Flammable aerosols category 1; b) Flammable aerosols category 2. 4. Oxidizing gases: Oxidizing gases category 1. 5. Gases under pressure: a) Compressed gas; b) Liquefied gas; c) Refrigerated liquefied gas; d) Dissolved gas. 6. Flammable liquids: a) Flammable liquids category 1; b) Flammable liquids category 2; c) Flammable liquids category 3; d) Flammable liquids category 4. 7. Flammable solids: a) Flammable solids category 1; b) Flammable solids category 2. 8. Self-reactive substances and mixtures: a) Self-reactive substances category 1; b) Self-reactive substances category 2; c) Self-reactive substances category 3 and 4; d) Self-reactive substances category 5 and 6; e) Self-reactive substances category 7. 9. Pyrophosic liquids: combustible liquids category 1. 10. Pyrophosic solids: combustible solids category 1. 11, Self-heating substances and mixtures: a) Self-heating substances and mixtures category 1; b) Self-heating substances and mixtures category 2. 12. Substances and mixtures which, in contact with water, emit flammable gases: a) Substances and mixtures which, in contact with water, emit flammable gases category 1; b) Substances and mixtures which, in contact with water, emit flammable gases category 2; c) Substances and mixtures which, in contact with water, emit flammable gases category 3. 13. Oxidizing liquids: a) Oxidizing liquids category 1; b) Oxidizing liquids category 2; c) Oxidizing liquids category 3. 14. Oxidizing solids: a) Oxidizing solids category 1; b) Oxidizing solids category 2; c) Oxidizing solids category 3. 15. Organic peroxides: a) Organic peroxides category 1; b) Organic peroxides category 2; c) Organic peroxides categories 3 and 4: d) Organic peroxides categories 5 and 6: e) Organic peroxides category 7. 16. Substances corrosive to metal: Substances corrosive to metal category 1. 17. Acute toxicity: a) Acute toxicity category 1; b) Acute toxicity category 2; c) Acute toxicity category 3; d) Acutely toxicity category 4; e) Acute toxicity category 5. 18. Skin corrosion)irritation: a) Skin corrosion)irritation category 1; b) Skin corrosion)irritation category 2; c) Skin corrosion)irritation category 3. 19. Serious eye damage)eye irritation: a) Serious eye damage)eye irritation category 1; b) Serious eye damage)eye irritation category 2A; c) Serious eye damage)eye irritation category 2B. 20. Respiratory sensitization: Respiratory sensitization category 1. 21. Skin sensitization: Skin sensitization category 1. 22. Germ cell mutagenicity: a) Germ cell mutagenicity category 1; b) Germ cell mutagenicity category 2. 23. Carcinogenicity: a) Carcinogenicity category 1A and B; b) Carcinogenicity category 2. 24. Reprodutive toxicity: a) Reprodutive toxicity category 1; b) Reprodutive toxicity category 2. 25. Effects on or via lactation: Effects on or via lactation category 1. 26. Specific target organ toxicity single exposure: a) Specific target organ toxicity single exposure category 1; b) Specific target organ toxicity single exposure category 2; c) Specific target organ toxicity single exposure category 3. 27. Specific target organ toxicity repeated exposure: a) Specific target organ toxicity repeated exposure category 1; b) Specific target organ toxicity repeated exposure category 2. 28. Aspiration toxicity: a) Aspiration toxicity category 1; b) Aspiration toxicity category 2. 29. Acute aquatic toxicity: a) Acute aquatic toxicity category 1: b) Acute aquatic toxicity category 2: c) Acute aquatic toxicity category 3. 30. Chronic aquatic toxicity: a) Chronic aquatic toxicity category 1; b) Chronic aquatic toxicity category 2; c) Chronic aquatic toxicity category 3; d) Chronic aquatic toxicity category 4. Article 17 .- Concentrations limits for hazardous substances in mixtures of substances at which chemical safety data sheets are required to be compiled 1 For mixtures containing hazardous substances of the following concentrations, chemical safety data sheets are required to be compiled: No. Hazardous property Concentration 1 Acute toxicity ³ 1.0% 2 Skin corrosion)irritation ³ 1.0% 3 Serious eye damage)eye irritation ³ 1.038 4 Germ cell muta-genecity, category I ³ 0.1% 5 Carcinogenecity ³ 0.1% 6 Reproductive toxicity ³ 0.1% 7 Specific target organ (single exposure) ³ 1.0% 8 Aquatic toxicity ³ 1.0% 2. The Ministry of Industry and Trade shall assume the prime responsibility for. and coordinate with concerned ministries and branches in, specifically guiding the compilation of chemical safety data sheets for mixtures of substances. Chapter VI INFORMATION ON CHEMICALS Article 18 . Procedures for declaration of chemicals 1. Declaration-receiving agencies Provincial)municipal Industry and Trade Services shall receive dossiers of declaration of organizations and individuals producing chemicals on the list of chemicals subject to compulsory declaration in localities under their management. The Ministry of Industry and Trade shall receive dossiers of declaration from organizations and individuals importing chemicals on the list of chemicals subject to compulsory declaration. 2. Dossiers of declaration A declaring organization or individual shall make two (2) dossier sets, each comprising: a) A written declaration of the chemical, made according to a form set by the Ministry of Industry and Trade; b) For hazardous chemicals, a dossier of declaration must be enclosed with a copy of a chemical safety data sheet in Vietnamese and its original in the original foreign language or a copy in English. In case chemicals have been previously declared, organizations and individuals engaged in hazardous chemical activities are not required to re-submit chemical safety data sheets. 3. Declaration deadline and time limit a) Organizations and individuals producing chemicals on the list of chemicals subject to compulsory declaration shall make written declarations to provincial)municipal Industry and Trade Services before January 31 every year; b) Organizations and individuals importing chemicals shall make written declarations to the Ministry of Industry and Trade within 15 working days after the customs clearance of these chemicals. The Industry and Trade Ministry's certification of chemical declarations constitutes a condition for these organizations and individuals to subsequently import chemicals. The Ministry of Industry and Trade shall set the form of certificate of declaration of imported chemicals; c) Provincial/municipal Industry and Trade Services shall keep books for declaration manage­ment, review the chemical declaration situation and results in their localities and report them to the Ministry of Industry and Trade in March every year. 4. Cases exempt from declaration a) Chemicals produced or imported only once for security, defense or response to natural disasters or emergency circumstances of diseases or epidemics; b) Chemicals produced or imported in a quantity of under 100 kg per year and not on the list of chemicals restricted from production or trading and lists of chemicals under control under international conventions. 5. The Ministry of Industry and Trade shall assume the prime responsibility for. and coordinate with line ministries in. formulating a system for computerized management and receipt of declared information and chemical reports before December 31, 2010. Article 19 . Regulations on confidentiality of information 1. Organizations and individuals engaged in chemical activities and wishing to keep confidential information not specified in Clause 2. Article 50 of the Chemical Law shall request in writing agencies receiving chemical declarations and reports on chemical activities. 2. Important information aiming to protect community health and environment is not regarded as confidential, including: a) Trade names of chemicals or mixtures of chemicals; b) Names of organizations and individuals producing or importing chemicals; organizations and individuals reporting on chemical activities under Articles 43 and 52 of the Chemical Law; c) Information in chemical safety data sheets: d) Information serving the prevention of and response to chemical incidents: prevention and mitigation of adverse impacts of chemical toxicity, warning information for persons using or exposed to chemicals, and methods to preliminarily remedy incidents; e) Methods of analysis to determine the possibility of human or environmental exposure to chemicals: summarized results of testing of chemical toxicity: f) Purity of mixtures of substances and hazards of additives and impurities. 3. The Ministry of Industry and Trade shall provide detailed guidance on the regulation on confidentiality of declared chemical information. Agencies receiving chemical declarations and reports on chemical activities shall keep confidential information therein. Article 20 . Elaboration of the national chemical list and the national chemical database The national chemical list and the national chemical database aim to serve the management of chemical safety and supply of information to the system for answering inquiries about and supplying information on hazardous chemicals in emergency circumstances. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with line ministries and localities in. formulating a scheme on investigation and survey for development of the national chemical database and elaboration of the national chemical list. and submitting it to the Prime Minister for approval before July 1, 2009. Chapter VII IMPLEMENTATION ORGANIZATION AND PROVISIONS Article 21 . Tasks of ministries and branches to organize the implementation of the Chemical Law 1. Ministries and branches shall organize the management of chemical activities according to the Chemical Law. 2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with line ministries and provincial) municipal People's Committees in, elaborating and submitting to the Prime Minister a scheme on the national chemical database and the national chemical list; a scheme on complete application of the Globally Harmonized System of Classification and Labeling of Chemicals in Vietnam; and a scheme on building of a system of laboratories to assess new chemicals in Vietnam. 3. The Ministry of Natural Resources and Environment shall assume the prime responsibility for. and coordinate with the Ministry of Defense, line ministries and provincial) municipal People's Committees in, elaborating and submitting to the Prime Minister a scheme on survey, collection and treatment of residual chemicals left by wars; and a scheme on the elaboration of plans on collection and treatment of residual toxic chemicals, confiscated toxic chemicals or toxic chemicals of unidentified origins. 4. The Ministry of Health and the Ministry of Agriculture and Rural Development shall review and promulgate under regulations lists of banned chemicals, chemicals restricted from use. chemicals permitted for medical use. chemicals for use in germicides or insecticides for domestic and medical use. pharmaceuticals and food additives, plant protection drugs, veterinary drugs and aquacultural drugs under the Chemical Law. 5. The Ministry of Agriculture and Rural Development shall elaborate and submit to the Prime Minister a scheme on compilation of chemical safety data sheets for all plant protection drugs in Vietnam. 6. The Ministry of Public Security and the Ministry of Defense shall elaborate and promulgate management documents and lists of banned chemicals and chemicals permitted for use in security and defense assurance, riot and fire prevention and fighting. 7. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with line ministries in, elaborating and submitting to the Prime Minister a scheme on investigation, survey and capacity building of local fire prevention and fighting forces in order to prevent and respond to chemical incidents in chemical industry zones. 8. The Ministry of Transport shall review and supplement management documents related to the carriage of hazardous chemicals by road, railway, waterway and airway. Article 22 . Effect 1. This Decree takes effect 15 days after its publication in "CONG BAO." 2. This Decree replaces the provisions of Chapter I, Chapter II, Articles 12, 13 and 20 of Chapter III. and Chapter IV of the Government's Decree No. 68/2005/ND-CP of May 20, 2005 on chemical safety. To annul all previous regulations which re contrary to this Decree. Article 23 . Implementation responsibility Ministers, heads of ministerial-level agencies Heads of government-attached agencies, presidents of provincial/municipal People's Committees and concerned organizations and shall implement this Decree. APPENDIX I LIST OF CHEMICALS SUBJECT TO CONDITIONAL PRODUCTION OR TRADING (Promulgated together with the Government's Decree No. 108/2008/ND-CP of October 7, 2008) No. Name of chemical CAS registry number Line ministries' 1 Petrol, oil and petroleum products Ministry of Industry and Trade 2 Liquefied gases and natural gas products Ministry of Industry and Trade 3 Hazardous industrial chemicals Ministry of Industry and Trade 4 Chemicals and chemical products for use in the healthcare sector Ministry of Health 5 Chemicals and chemical products for use in the food industry Ministry of Health 6 Chemicals and chemical products for use in veterinary medicine Ministry of Agriculture and Rural Development 7 Chemicals and chemical products for plant protection Ministry of Agriculture and Rural Development 8 Chemicals and chemical products for use in the fisheries sector Ministry of Agriculture and Rural Development APPENDIX II LIST OF CHEMICALS RESTRICTED FROM TRADING (Promulgated together with the Government's Decree No. 108/2008/ND-CP of October 7, 2008) No. Name of chemical CAS registry number Managing ministries 1 2 3 4 1 Amiton: O,O-Diethyl S-[2-(diethylamino) ethyl] phosphorothiolate and corresponding alkylated or protonaled salts 78-53-5 Ministry of Industry and Trade 2 PFIB: L,1,3,3,3-Pentafloro-2-(trifloromethyl)-1 -propene 382-21-8 3 BZ: 3-Quinuclidinyl benzilate (*) 6581-06-2 4 Chemicals, other than those listed in Schedule 1, containing a phosphorus atom to which is bonded a methyl, ethyl or propyl (normal or iso) group but not further carbon atoms For example: Methylphosphonyl dichloride Dimethyl methylphosphonate 676-97-1 756-79-6 Exemption: Fonofos: O-Ethyl; S-phenyl Ethylphosphonothiolothionate 944-22-9 5 N.N-Dialkyl (Me. Et, n-Pr or i-Pr) phosphoramidic dihalides 6 Dialkyl (Me, Et. n-Pr or i-Pr) N,N-dialkyl (Me, Et. n-Pr or i-Pr)-phosphoramidates 7 Arsenic trichloride 7784-34-1 8 2.2-Diphenyl-2-hydroxyacetic acid 76-93-7 9 Quinuclidin-3-ol 1619-34-7 10 N,N-Dialkyl (Me. Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts 11 N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts other than: N,N-Dimethylaminoethanol and corresponding protonated salts 108-01-0 N,N-Diethylaminoethanol and corresponding protonated salts 100-37-8 12 N,N-Dialkyl (Me. Et. n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts 13 Thiodiglycol: Bis(2-hydroxyethyl) sulfite 111-48-8 14 Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol 464-07-3 15 Phosgene: Carbonyl dichloride 75-44-5 • 16 Cyanogen chloride 506-77-4 Ministry of Industry 17 Hydrogen cyanide 74-90-8 and Trade 18 Chloropicrin: Trichloronitromethane 76-06-2 19 Phosphorus oxychloride 10025-87-3 20 Phosphorus trichloride 7719-12-2 21 Phosphorus pentachloride 10026-13-8 22 Trimethyl phosphite 121-45-9 23 Triethyl phosphite 122-52-1 24 Dimethyl phosphite 868-85-9 25 Diethyl phosphite 762-04-9 26 Sulfur monochloride 10025-67-9 27 Sulfur dichloride 10545-99-0 28 Thionyl chloride 7719-09-7 29 Ethyldiethanolamine 139-87-7 30 Methyldiethanolamine 105-59-9 31 Triethanolamine 102-71-6 32 Ammonium nitrate (concentration >99.5%) 6484-52-2 33 Group of industrial explosive materials 34 Aldrine 309-00-2 Ministry of Agriculture and Rural Development 35 Chlordane 57-74-9 36 Dieldrine 60-57-1 37 Endrine 72-20-8 38 Heptachlor 76-44-8 39 Hexachlorobenzene 118-74-1 40 Mirex 2385-85-5 41 Toxaphene 8001-35-2 42 Polychlorinated Biphenyls 11097-69-1 Ministry of Natural Resources and Environment APPENDIX III LIST OF BANNED CHEMICALS (Promulgated together with the Government's Decree No. 108/2008/ND-CP of October 7, 2008) No. Name of chemical CAS registry number HS code A Toxic chemicals 1 O-Alkyl ( 2931.00 (Me, Et, n-Pr or i-Pr)-phosphonofloridate, For example: Sarin: O-Isopropylmethylphosphonofloridate 107-44-8 2931.00 Soman: O-Pinacolyl methylphosphonofloridate 96-64-0 2931.00 2 O-AIkyl ( 2931.00 (Me. Et, n-Pr or i-Pr)-phosphoramidocyanidate For example: Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate 77-81-6 2931.00 3 O-AIkyl (H or 2930.90 (Me, Et, n-Pr or i-Pr) -aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolate and corresponding alkylated or protonated salts For example: VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate 50782-69-9 2930.90 4 Sulfur mustards: 2-Chloroethylchloromethylsulfite 2625-76-5 2930.90 Mustard: Bis (2-chloroethyl) sulfite 505-60-2 2930.90 Bis (2-chloroethylthio) methane 63869-13-6 2930.90 Sesquimustard: 1,2-Bis (2-chloroethylthio) ethane 3563-36-8 2930.90 1,3-Bis (2-chloroethylthio) -n-propane 63905-10-2 2930.90 1,4-Bis (2-chloroethylthio) -n-butane 142868-93-7 2930.90 1,5-Bis (2-chloroethylthio) -n-pentane 142868-94-8 2930.90 Bis (2-chloroethylthiomethyl) ether 63918-90-1 2930.90 Sulfur and oxigen mustards: Bis (2-chloroethylthioethyl) ether 63918-89-8 2930.90 5 Lewisites (containing Arsene): Lewisite 1: 2-Chlorovinyldichloroarsine 541-25-3 2931.00 Lewisite 2: Bis (2-chloroninyi) chloroarsine 40334-69-8 2931.00 Lewisite 3: Tris (2-chloroninyl) arsine 40334-70-1 2931.00 6 Nitrogen mustards: HN1: Bis (2-chlorocthyl) ethylamine 538-07-8 2921.19 HN2: Bis(2-chloroethyl) methylamine 51-75-2 2921.19 HN3: Tris(2-chloroethyl) amine 555-77-1 2921.19 7 Saxitoxin 35523-89-8 3002.90 8 Ricin 9009-86-3 3002.90 B Pre-substances 9 Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldiflourides For example DF: Methylphosphonyldiflouride 676-99-3 2931.00 10 O-Alkyl (H or 2931.00 (Me. Et. n-Pr or i-Pr)-aminoethyl alkyl (Me, Et. n-Pr or i-Pr) phosphonite and corresponding alkylated or protonated salts For example: QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite 57856-11-8 2931.00 11 Chlorosai in: O-Isopropyl methylphosphonochloridate 1445-76-7 2931.00 12 Chlorosoman: O-Pinacolyl methvlphosphonocloridate 7040-57-5 2931.00 APPENDIX IV LIST OF CHEMICALS WHICH REQUIRE ELABORATION OF CHEMICAL PREVENTION AND RESPONSE PLANS AND MAINTENANCE OF SAFETY DISTANCES (Promulgated together with the Government's Decree No. 108/2008/ND-CP of October 7, 2008) No. Hazardous chemicals Weight (ton) 1 Ammonium nitrate (over 98%) 50 2 Potassium nitrate (in crystal form) 1.250 Arsenic pentoxide, arsenic acid (V) and salts 1.0 4 Arsenic trioxide, and salts 0.1 5 Bromine 20.0 6 Chlorine 10.0 7 Nickel compounds in powder form which may widely spread in the air (nickel monoxide, nickel dioxide, nickel sulfite, trinickel disulfite. dinickel trioxide) 1.0 8 Ethylenimine 10.0 9 Fluorine 10.0 10 Formaldehyde (concentration ? 90%) 5.0 11 Hydrogen 5.0 12 Hydrochloride (liquefied gas) 25.0 13 Lead alkyl 5.0 14 Particularly flammable liquefied gases (including LPG and liquefied or unliquefied natural gases) 50.0 15 Acetylene 5.0 16 Ethylene oxide 5.0 17 Propylene oxide 5.0 18 Methanol 500.0 19 4.4-Methylene bis (2-chloraniline) and)or its salts in powder form 0.01 20 Methylisoxyanate 0.15 21 Oxygen 200.0 22 Toluene diisoxyanate 10.0 23 Carbonyl dichloride (phosgene) 0.3 24 Arsenic trihydride (arsine) 0.2 25 Phosphorus trihydride (phosphine) 0.2 26 Sulfur dichloride 1.0 27 Sulfur trioxide 15.0 28 Polychlorodibenzofurans and polychlorodibenzodioxins 0.001 29 Carcinogenic substances of a concentration of over 5% by weight: 4-Aminobiphenyl and)or salts, Benzotrichloride, Benzidine and)or salts. Bis (chloromethyl) ether. Chlomethyl methyl ether, 1,2-Dibromethane, Diethyl sulfate. Dimethyl sulfate, Dimethylcarbamoyl chloride, 1.2-Dibrom-3-chloropropane. 1,2-Dimethylhydrazine, Dimethylnitrosamine. Hexamethylphosphoric triamide, Hydrazine, 2-Naphthylamine and)or salts. 4-Nitrodiphenyl and 1.3-Propanesultone 0.5 30 Petroleum products: (a) Petrol and naphtha (b) Kerosene (including engine fuel) (c) Fuel oil (including fuel diesel. oven oil and mixtures of fuel oils) 2,500.0 31 Acrylonitril 20.0 32 Hydrogen selenite 1.0 33 Nickel tetracarbonyl 1.0 34 Oxygen difloridc 1.0 35 Pentaboran 1.0 36 Selenium hexafloride 1.0 37 Stibin (antimony hydril) 1.0 38 Sulfur dioxide 20.0 39 Tellurium hexafloride 1.0 40 2.2-Bis(tert-butylperoxy) butan (>70%) 5.0 41 l.l-Bis(tert-butylperoxy) xyclohexan (>80%) 5.0 42 tert-butyl peroxy acetate (>70%) 5.0 43 tert-butyl peroxy isobutyrate (>80%) 5.0 44 tert-butyl peroxy isopropylcarbonate (>80%) 5.0 45 tert-butyl peroxy maleate (>80%) 5.0 46 tert-butyl peroxy pivalat (>77%) 5.0 47 Dibenzyl peroxydicarbonate (>90%) 5.0 48 Diethyl peroxydicarbonate (30%) 5.0 49 2.2 Dihydroperoxypropane (>30%) 5.0 50 Di-isobutyryl peroxide (>50%) 5.0 51 Di-n-propyl peroxydicarbonate (>80%) 5.0 52 Di-sec-butyl peroxydicarbonate (>80%) 5.0 53 3.3.6.6.9.9-Hexamethyl-1.2.4.5-tetroxacyclononate (>75%) 5.0 54 Methyl ethyl ketone perodixe (>60%) 5.0 55 Methyl isobutyl ketone peroxide (>60%) 5.0 56 Peracetic acid (>60%) 5.0 57 Sodium chlorate 25 APPENDIX V LIST OF CHEMICALS SUBJECT TO COMPULSORY DECLARATION (Promulgated together with the Government's Decree No. 108/2008/ND-CP of October 7, 2008) Name of chemical Customs code Undenatured ethyl alcohol and other spirits, of any strength 2207 20 Sulfur of fall kinds, other than sublimed sulfur, precipitated sulfur and colloidal sulfur 2503 Asbestos 2524 - Asbestos powder 2525 20 - Grounded or powdered talk 2526 20 Oils and other products of the distillation of high temperature coal tars; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents 2707 - Benzole 2707 10 - Toluole 2707 20 - Xylole 2707 30 - Naphthalene 2707 40 - Phenol 2707 60 Pitch and pitch coke, obtained from coal tar or from other mineral tars 2708 - Containing polychlorinated biphenyls (PCBs). polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs) 2710 91 - Other 2710 99 Petroleum gases and other gaseous hydrocarbons 2711 - Natural gas 2711 11 - Propane 2711 12 - Butane 2711 13 - Ethylene, propylene, butylene and butadiene 2711 14 - Natural gas 2711 21 Fluorine, chlorine, bromine and iodine 2801 - Chlorine 2801 10 - Iodine 2801 20 - Fluorine, bromine 2801 30 Sublimed or precipitated sulfur; colloidal sulfur 2802 Hydrogen, rare gases and other non-metals 2804 - Hydrogen 2804 10 - Argon 2804 21 - Other 2804 29 - Nitrogen 2804 30 - Oxygen 2804 40 - Boron; tellurium 2804 50 - Phosphorus 2804 70 - Arsenic 2804 80 - Selenium 2804 90 Alkali or alkaline-earth metals; rate-earth metals, scandium and yttrium, whether or not intermixed or interalloyed; mercury 2805 - Sodium 2805 11 - Rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed 2805 30 - Mercury 2805 40 Hydrogen chloride (hydrochloric acid); chlorosulfuric acid 2806 - Hydrogen chloride (hydrochloric acid) 280610 - Chlorosulfuric acid 2806 20 Sulfuric acids; oleum 2807 Nitric acid; sulfonitric acids 2808 Diphosphorous pentaoxide; phosphoric acid and polyphosphoric acids, whether or not chemically defined 2809 - Diphosphorous pentaoxide 2809 10 - Phosphoric acid and polyphosphoric acids 2809 20 Boron oxides: boric acids 2810 Other inorganic acids and other inorganic oxygen compounds of non-metals 2811 - Hydrogen fluoride (hydrofluoric acids) 2811 11 - Sulfur dioxide 2811 23 Halides and halide oxides of non-metals 2812 - Chlorides and chloride oxides 2812 10 - Other 2812 90 Sulfides of non-metals; commercial phosphorus trisulfide 2813 - Carbon disulfide 2813 10 - Other 2813 90 Ammonia, anhydrous or in aqueous solution 2814 Sodium hydroxide (caustic soda); potassium hydroxide (caustic potash); sodium Or potassium peroxides 2815 Magnesium hydroxide and peroxide; strontium or barium oxides, hydroxides and peroxides 2816 Hydrazine and hydroxylamine and their inorganic salt; other inorganic bases; other metal oxides, hydroxides and peroxides 2825 Fluorides; fluorosilicates, fluoroaluminates and other complex fluorine salts 2826 Chlorides; chloride oxides and chloride hydroxides; bromides and bromine oxides; iodides and iodide oxides 2827 Hypochlorites; commercial calcium hypochlorite: chlorites; hypobromites 2828 Chlorates and perchlorates; bromates and perbromates; iodates and periodates 2829 Sulfides; polysulfides, whether or not chemically defined 2830 Dithionites and sulfoxylates 2831 Sulfides; thiosulfates 2832 Nitrites; nitrates 2834 Phosphinates (hypophosphites). phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically defined 2835 - Phosphinates (hypophosphites). phosphonates (phosphites) 2835 10 - Phosphates: - Of mono- or disodium 2835 22 - Of trisodium 2835 23 - Of patassium 2835 24 - Calcium hydrogenorthophosphate ("dicalcium phosphate") 2835 25 - Other calcium phosphates 2835 26 - Other 2835 29 - Polyphosphates: - Sodium triphosphate (sodium tripolyphosphate) 2835 31 - Other 2835 39 Cyanides, cyanide oxides and complex cyanides 2837 Fulminates, cyanates and thiocyanates 2838 Borates; peroxoborates (perborates) 2840 Salts of oxometallic or peroxometallic acids 2841 - Aluminates 2841 10 - Zinc or lead chromates 2841 20 - Sodium dichromate 2841 30 - Other chromates and dichromates; peroxochromates 2841 50 - Manganites, manganates and permanganates: - Potassium permanganates 2841 61 - Other 284169 - Molybdates 2841 70 - Tungstates (wolframates) 2841 80 - Gold compounds 28431 30 - Other compounds; amalgamates 2843 90 Radioactive chemical elements and radioactive isotopes (including the Fissile or fertile chemicals elements and isotopes) and their compounds: mixtures and residues containing these products 2844 - Uranium depleted in U 235 and its compounds; thorium and its compounds; alloys, dispersions (including cermets), cermet products and mixtures containing uranium depleted in U 235. thorium or compounds of these products 2844 30 Compounds, inorganic or organic, of rare-earth metals, of yttrium or of scandium or of mixtures of these metals 2846 - Cerium compounds 2846 10 - Other 2846 90 Hydrogen peroxide, whether or not solidified with urea 2847 Phosphides, whether or not chemical defined, excluding ferro-phosphide 2848 Carbides, whether or not chemically defined 2849 Hydrides, nitrides, azides, silicides and borides, whether or not chemically defined, other than compounds which are also carbides of heading No. 2849 2850 Acyclic hydrocarbons 2901 Cyclic hydrocarbons 2902 Halogenated derivatives of hydrocarbons 2903 - Chloromethane (methyl chloride) and chloroethane (ethyl chloride) 2903 11 - Dichloromethane (methylene chloride) 2903 12 - Chloroform (trichloromethane) 2903 13 - Carbon tetrachloride 2903 14 - 1,2-Dichloroethance (ethylene dichloride) 2903 15 - Other 2903 19 - Vinyl chloride (chloroethylene) 2903 21 - Trichloroethylene 2903 22 - Tetrachloroethylene (perchloroethylene) 2903 23 - Other 2903 29 - Fluorinated, brominated or iodinated derivatives of acyclic hydrocarbons 2903 30 - Trichlorofluoromethane 2903 41 - Dichlorodifluoromethane 2903 42 - Trichlorotrifluoroethanes 2903 43 - Dichlorotetrafluorethanes and chloropentafluoroethane 2903 44 - Other derivatives perhalogenated only with fluorine and chlorine 2903 45 - Bromochlorodifluoromethane. bromotrifluoromethane and dibromotetrafluoroethanes 2903 46 - Other perhalogenated derivatives 2903 47 - Other 2903 49 - Halogenated derivatives or cyclanic, cyclonic or cycloterpenic hydrocarbons: - 1.2.3,4.5.6-hexachlorocyclohexane 2903 51 - Other 2903 59 Halogenated derivatives of aromatic hydrocarbons: - Chlorobenzene, o-dichlorobenzene and p-dichlorobenzene 2903 61 - Hexachlorobenzene and DDT (1,1.1- trichloro-2,2-bis (p-chlorophenyl) ethane) 2903 62 - Other 2903 69 Sulfonated, nitrated or nitrosated derivatives of hydrocarbons, whether or not halogenated 2904 Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivates 2905 Phenol: phenol alcohols 2907 Halogenated, sulfonated, nitrated or nitrosated derivates of phenols or phenol alcohols 2908 - Derivatives containing only halogen substituents and their salts 2908 10 - Derivatives containing only sulfo groups, their salts and esters 2908 20 - Other 2908 90 Ethers, ether alcohols, ether phenols, ether-alcohol-phenols, alcohol peroxides, ether peroxides, ketone peroxides (whether or not chemically defined) and their halogenated, sulfonated, nitrated or nitrosated derivatives 2909 Epoxides, epoxyalcohols, epoxyphenols and epoxyethers, with a three-membered ring, and their halogenated, sulfonated, nitrosated derivatives 2910 Axetals and hemiaxetals, with or without other oxygen functions, and their halogenated. sulfonated, nitrated or nitrosated derivatives 2911 Aldehydes, with or without other oxygen function: cyclic polymers of aldehydes; paraformaldehyde 2912 Ketones and quinones, with or without other oxygen function, and their haloeenated. sulfonated, nitrated or nitrosated derivatives 2914 Saturated acyclic monocarboncylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated. sulfonated, nitrated or nitrosated derivatives 2915 - Formic acid, its salts and esters: - Formic acid 2915 11 - Salts of formic acid 2915 12 - Esters of formic acid 2915 13 - Acetic acid and its salts: acetic anhydride: Acetic acid 2915 21 Sodium acetate 2915 22 Cobalt acetate 2915 23 - Acetic anhydride 2915 24 - Other 2915 29 - Esters of acetic acid: - Ethyl acetate 2915 31 Vinyl acetate 2915 32 - N-butyl acetate 2915 33 - Isobutyl acetate 2915 34 - 2- Ethoxyethyl acetate 2915 35 <td valign="top" width="83%" style="border-bottom:windowtext 1pt solid;border-left:windowte