Application File for the Issuance of Permit for Production and Trading of Restricted Chemicals in the Industrial Sector
Conditions for Issuing a License for the Production and Trading of Restricted Chemicals in the Industrial Sector
The conditions for issuing a license for the production and trading of restricted chemicals in the industrial sector are specified in Section 1 of Administrative Procedures attached to Decision 2544/QD-BCT 2022 as follows:
Production Conditions
- Must be an organization or individual established in accordance with legal regulations;
- The physical-technical facilities must meet production requirements as stipulated in Article 12 of the Chemical Law 2007; Article 4 of Decree 113/2017/ND-CP, Clause 2 of Article 5 of Decree 113/2017/ND-CP; Clauses 1 and 2 of Article 6 of Decree 113/2017/ND-CP;
- The director or technical deputy director or technical staff in charge of chemical production must have a university degree or higher in chemical engineering;
- Individuals as specified in Article 32 of Decree 113/2017/ND-CP must undergo chemical safety training.
Business Conditions
- Must be an organization or individual established in accordance with legal regulations;
- The physical-technical facilities must meet business requirements as stipulated in Article 12 of the Chemical Law 2007; Article 4 of Decree 113/2017/ND-CP, Clause 2 of Article 5 of Decree 113/2017/ND-CP; Clauses 1 and 2 of Article 6 of Decree 113/2017/ND-CP;
- Must have a retail store or business location that meets chemical safety and fire, explosion safety requirements as stipulated by law;
- Must have a chemical storage or have a contract to lease a chemical storage or use the chemical storage of organizations or individuals buying or selling chemicals that meet the conditions for safe chemical storage and fire, explosion safety;
- The individual in charge of chemical safety in the chemical business must have a professional qualification of intermediate level or higher in chemical engineering;
- Individuals as specified in Article 32 of Decree 113/2017/ND-CP must undergo chemical safety training;
- Chemicals restricted for production and trading in the industrial sector must be stored and preserved in a separate area in the warehouse or in a dedicated warehouse.
Application for License for the Production and Trading of Restricted Chemicals in the Industrial Sector
Application for License for the Production and Trading of Restricted Chemicals in the Industrial Sector
According to Section 1 of Administrative Procedures attached to Decision 2544/QD-BCT 2022, the application for a license for the production and trading of restricted chemicals in the industrial sector includes:
- A written request for the issuance of a license for the production and trading of restricted chemicals in the industrial sector;
- A copy of the business registration certificate, cooperative registration certificate, or household business registration certificate;
- A detailed list of each chemical production facility, business location;
- A copy of the approval decision or confirmation of documents related to environmental protection as stipulated by law, issued by a competent state management agency for each production facility, chemical storage;
- A copy of the acceptance certificate of fire safety and firefighting from the Fire and Rescue Police for each production facility, chemical storage that requires design approval for fire safety and firefighting;
- Fire safety inspection report or document from the competent authority proving compliance with fire safety conditions for each production facility, chemical storage that does not require design approval for fire safety and firefighting;
- A general layout map of each production facility, business location, detailing the location of workshops, storage, chemical storage areas, area, and access roads to workshops, production areas, chemical storage;
- A copy of documents proving the right to use the parcel for the production facility, chemical storage, or a lease contract for workshops, storage, or a contract or agreement for buying and selling chemicals in cases where organizations or individuals use storage of the chemical buyer or seller;
- A detailed list of technical equipment, labor protection, and safety equipment of each chemical production, business facility;
- A copy of the university degree or higher in chemical engineering of the director or technical deputy director or technical officer in charge of chemical production of the production facility; a copy of the intermediate certificate or higher in chemical engineering for the individual responsible for chemical safety;
- A copy of the decision recognizing the result of the safety training inspection of the organization or individual;
- Safety data sheet for hazardous chemicals in the chemical production and business facility as stipulated;
- Explanation of the chemical production technology process that is restricted for production and trading in the industrial sector.
Procedure for Applying for a License for the Production and Trading of Restricted Chemicals in the Industrial Sector
According to Section 1 of Administrative Procedures attached to Decision 2544/QD-BCT 2022, the procedure for applying for a license for the production and trading of restricted chemicals in the industrial sector is as follows:
- The organization or individual requesting a license for the production and trading of restricted chemicals submits 01 complete application dossier by postal mail or directly, or through the online public service system to the Chemical Department (Ministry of Industry and Trade);
- In case the dossier is incomplete or invalid, within 03 days from the date of receipt, the licensing authority will notify the organization or individual to supplement and complete the dossier. The time spent completing the dossier is not counted towards the licensing time as stipulated;
- Within 16 working days from the receipt of a complete and valid dossier, the licensing authority shall review, appraise the dossier, inspect actual conditions, and issue the license to the organization or individual. The sample license for the production and trading of restricted chemicals in the industrial sector is provided.
- In case the license is not issued, the competent licensing authority must provide a written response stating the reasons.
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