Vietnam: What are the 04 requirements satisfied by facilities trading flammable and explosive chemicals? What are the penalties imposed on facilities committing violations against the requirements for storing flammable and explosive chemicals?
- What are the 04 requirements satisfied by facilities trading and storing flammable and explosive chemicals in Vietnam?
- What are the requirements for arranging and placing chemicals upon production, commerce, use, storage, and transportation of flammable and explosive chemicals in Vietnam?
- What are the requirements concerning equipment, tools, and containers upon the production, commerce, use, storage, and transportation of flammable and explosive chemicals in Vietnam?
- What are the penalties imposed on facilities committing violations against the requirements for trading and storing flammable and explosive chemicals in Vietnam?
- Which agency will implement the plan for reviewing facilities trading and storing flammable and explosive chemicals in residential areas of Vietnam to ensure the safety conditions for fire prevention and fighting, and rescue?
What are the 04 requirements satisfied by facilities trading and storing flammable and explosive chemicals in Vietnam?
Pursuant to the National Technical Regulation QCVN 05A:2020/BCT on safety in production, commerce, use, storage, and transportation of hazardous chemicals as follows:
Any facility that produces, trades, uses, or stores flammable and explosive chemicals satisfying the labeling criteria corresponding to any of the pictograms GHS01, GHS02, GHS03, GHS04 (hereinafter referred to as “flammable and explosive chemicals”) must comply with the following requirements:
- Requirements for arranging and placing chemicals
- Requirements concerning electric power systems and air ventilation systems
- Requirements concerning equipment, tools, and containers
- Requirements when working and coming into contact with chemicals
What are the requirements for arranging and placing chemicals upon production, commerce, use, storage, and transportation of flammable and explosive chemicals in Vietnam?
According to the provisions of subsection 8.1, Section 8, Part II of the National Technical Regulation QCVN 05A:2020/BCT, the requirements for arranging and placing chemicals upon production, commerce, use, storage, and transportation of flammable and explosive chemicals in Vietnam are:
+ Warehouses of flammable and explosive chemicals must be isolated from fire and heat sources.
+ The minimum safe distance from a flammable chemical storage area to a source of heat or ignition is specified in the table below:
From the storage area to another area | Minimum safe distance (m) |
Area for storage of flammable liquids inside closed containers | 3 |
Area for storage of flammable liquids being decanted and stirred | 8 |
Facilities having flammable and explosive chemicals may maintain a greater safety distance depending on heat generation risk assessment and fire incident precautions.
+ Flammable and explosive chemicals must not be stored together with oxygen, oxygen-release substances, hazardous and incompatible chemicals, substances subject to different fire extinguishing requirements or substances capable of triggering hazardous reactions in the case of contact or fire.
+ Equipment and pipes containing flammable or explosive chemicals must not be placed near heat sources. In the case of exposure to direct sunlight, measures should be adopted to reduce heat (coating reflective paint or spraying water, etc.);
What are the requirements concerning equipment, tools, and containers upon the production, commerce, use, storage, and transportation of flammable and explosive chemicals in Vietnam?
Pursuant to subsection 8.3 Section 8 Part II National Technical Regulation QCVN 05A:2020/BCT as follows:
+ Machinery and equipment in areas where flammable chemicals exist must satisfy fire safety requirements under TCVN 3255: 1986. Technical measures should be taken to ensure that tools working in areas where flammable and explosive chemicals exist do not produce any friction or impact spark.
+ Electrical tools and equipment, and lifting equipment installed and used inside warehouses must be fire and explosion-proof.
+ Containers of flammable and explosive liquids must maintain the prescribed filling factor depending on the physicochemical properties of such liquids; large containers must be equipped with an one-way relief valve or flame failure device with an explosion-proof flange; the explosion-proof flange must be made of non-flammable-and-explosive-materials; the end of a pipe conveying flammable and explosive chemicals to a container must be close to the edge or to the bottom; Pressure vessels must have overpressure relief valves.
+ Containers must be inspected at least once a month. The inspection record must be retained until the next inspection and presented to the competent authority upon request.
+ Flammable and explosive containers which are exposed to sunlight must be made of light-blocking materials or covered with light-blocking materials. Glass doors of warehouses must be painted to block light or use frosted glass;
What are the penalties imposed on facilities committing violations against the requirements for trading and storing flammable and explosive chemicals in Vietnam?
Pursuant to Article 32 of Decree 144/2021/ND-CP on penalties for violations against regulations on documents for management, preservation, and use of substances/goods with fire hazards/explosion hazards as follows:
Violations against regulations on documents for management, preservation, and use of substances/goods with fire hazards/explosion hazards
1. A warning or a fine ranging from 100.000 VND to 300.000 VND shall be imposed for failure to have documents for management and monitoring of substances/goods with fire hazards/explosion hazards.
2. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for storing, placing, arranging substances/goods with fire hazards/explosion hazards in inappropriate places or exceeding the capacity or without maintaining safety distance or without sorting them by categories as prescribed by law.
3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for using containers of substances/goods with fire hazards/explosion hazards that do not have the certificate of inspection or do not satisfy fire safety requirements.
4. A fine ranging from 15.000.000 VND to 25.000.000 VND shall be imposed for illegal storage of substances/goods with fire hazards/explosion hazards.
5. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for bringing substances/goods with fire hazards/explosion hazards to a crowded area.
6. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for illegal use of substances/goods with fire hazards/explosion hazards.
7. Additional penalties:
a) Confiscation of the exhibits and means of administrative violations in case of violations specified in Clauses 3, 4, 5 and 6 of this Article;
b) Expulsion of foreigners committing the violations specified in Clauses 4, 5 and 6 of this Article.
8. Remedial measure:
Mandatory storage, placement, arrangement, reduction of quantity of substances/goods with fire hazards/explosion hazards in case of violations specified in Clause 2 of this Article.
- Thus, depending on specific violations of facilities trading chemicals, penalties for violations against regulations on documents for management, preservation, and use of substances/goods with fire hazards/explosion hazards shall be determined as above.
In addition, the following additional penalties shall be imposed:
+ Confiscation of the exhibits and means of administrative violations in case of violations specified in Clauses 3, 4, 5, and 6 of Article 32, Decree 144/2021/ND-CP
+ Expulsion of foreigners committing the violations specified in Clauses 4, 5, and 6 of Article 32, Decree 144/2021/ND-CP
- Mandatory storage, placement, arrangement, and reduction of the quantity of substances/goods with fire hazards/explosion hazards in case of violations specified in Clause 2 of Article 32 of Decree 144/2021/ND-CP.
Which agency will implement the plan for reviewing facilities trading and storing flammable and explosive chemicals in residential areas of Vietnam to ensure the safety conditions for fire prevention and fighting, and rescue?
Specifically, on April 12, 2023, the Ministry of Industry and Trade issued Decision 899/QD-BCT in 2023 on the plan for implementing Directive 01/CT-TTg in 2023 on strengthening fire prevention and fighting in the new situation.
- Accordingly, the plan is to assign the Chemical Department to take charge of, and coordinate with the Department of Safety Techniques and Industrial Environment, the Legal Department, and relevant units to implement in 2023 and the following years.
- The key task is to strengthen coordination with the People's Committees of provinces and centrally-run cities to review facilities trading and storing flammable and explosive chemicals in residential areas or places where many people gather in order to make relocation plans and ensure the safety conditions for fire prevention and fighting and rescue (as assigned by the Prime Minister in Decision 630/QD-TTg in 2020).
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