Procedures for issuance and adjustment of Certificate of eligibility for production of chemicals subject to conditional production and trading in industry in Vietnam

Procedures for issuance and adjustment of Certificate of eligibility for production of chemicals subject to conditional production and trading in industry in Vietnam (Internet image)

The Ministry of Industry and Trade issued Decision 2544/QD-BCT dated November 28, 2022 announcing new, amended and supplemented administrative procedures in the field of chemicals under the functions and management of the Ministry of Industry and Trade.

Thus, the procedures for granting and adjusting the Certificate of eligibility for production of chemicals subject to conditional production and trading in the industrial sector are as follows:

1. Conditions for issuance and adjustment of certificates of eligibility for production of chemicals subject to conditional production and trading in industry in Vietnam

*General conditions:

Production conditions:

- Being an organization or individual established in accordance with law;

- Physical and technical facilities must meet the requirements in production as prescribed in Article 12 of the Law on Chemicals; Article 4; Clause 2 Article 5; Clauses 1 and 2 of Article 6 of Decree 113/2017/ND-CP;

- Technical director or deputy director, or technical officer in charge of chemical production must have a university degree or higher in a chemical major;

- The subjects specified in Article 32 of Decree 113/2017/ND-CP must be trained in chemical safety.

*Specific Conditions:

In case there is a change in the location of the chemical production establishment; type, scale, and type of chemicals produced

2. Application for adjustment of the certificate of eligibility for production of chemicals subject to conditional production and trading in industry in Vietnam

Application to apply for an adjustment to the Certificate includes:

- A written request for modification of the Certificate of eligibility;

- The original certificate of eligibility has been granted; papers and documents proving the satisfaction of production and business conditions for the adjusted contents;

3. Form of sending adjustments on the Certificate of eligibility for production of chemicals subject to conditional production and trading in industry in Vietnam

- By mail.

- Submit directly to the Department of Industry and Trade where the organization or individual is headquartered.

- Through the online public service system

4. Order of application of Certificate of eligibility for production of chemicals subject to conditional production and trading in industry in Vietnam

- In case there is a change in the location of the chemical production establishment; type, scale, or type of chemicals produced, organizations or individuals shall make 01 set of Applications of request for adjustment of the Certificate and send it to the competent authority for granting the Certificate by post, directly, or through the online public service system;

- In case the Application is incomplete and invalid, within 03 working days from the date of receipt of the Application, the agency competent to issue the Certificate shall notify the organization or individual to supplement and complete the Application. The time for completing the application is not included in the time for issuing the Certificate;

- In cases where the chemical production and trading establishment of an organization or individual is located in the same locality as its head office, within 12 working days from the date of receipt of a complete and valid application, the agency competent to issue the Certificate is responsible for reviewing and appraising the application, checking the actual conditions, and granting the Certificate of Eligibility to the organization or individual.

In the event of a refusal to issue the Certificate, the agency competent to grant the Certificate must reply in writing, clearly stating the reason;

- In case an organization or individual has a chemical production or business establishment in a locality different from that of the locality where its head office is located, within 03 working days from the date of receipt of a complete and valid application as prescribed, the agency competent to issue the Certificate is responsible for sending a copy of the application file for the Certificate to the local Department of Industry and Trade where the organization or individual has chemical production and trading establishments.

Within 9 working days from the date of receipt of the copy of the Application, the Department of Industry and Trade where the organization or individual locates the chemical production and trading establishment is responsible for checking the actual conditions for chemical production and trading establishments in the area under their management and giving written opinions on the satisfaction of the conditions as prescribed.

The agency competent to issue the Certificate is responsible for reviewing and appraising the application and granting the Certificate of eligibility to the organization or individual no later than 03 working days from the date of receipt of the document from the local Department of Industry and Trade where the organization is held, individuals located chemical production and trading establishments on the satisfaction of conditions, and at the same time sending one copy to the Department of Industry and Trade where the organization or individual locates the chemical production and trading establishment for coordination in the management of chemicals. 

In case of refusal to grant the Certificate, the agency competent to grant the Certificate must reply in writing, clearly stating the reason.

More details can be found in Vietnam's Decision 2544/QD-BCT effective from November 28, 2022

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