Application for issuance of certificate of eligibility for trade in chemicals in Vietnam

Application for issuance of certificate of eligibility for trade in chemicals in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Chemicals trading requirements in Vietnam

According to Clause 2, Article 9 of Decree 133/2017/ND-CP (amended in Decree 17/2020/ND-CP), chemicals trading requirements in Vietnam include:

- The applicant is an enterprise, cooperative or household business that is established in accordance with regulations of law and licensed to trade in chemicals;

- The applicant’s facilities meet trading requirements specified in Article 12 of the Law on Chemicals; Article 4; Clause 2 Article 5; Clause 1 and Clause 2 Article 6 of Decree 133/2017/ND-CP;

- The chemical store or premises satisfies requirements for chemical and fire safety;

- The warehouse or the agreement on lease of warehouse or use of the warehouse of the chemical buyer or seller satisfies requirements for chemical and fire safety;

- Any person responsible for chemical safety of the chemical store has at least an intermediate school’s degree in chemicals.

- The individuals mentioned in Article 32 of Decree 133/2017/ND-CP have been provided with training courses in chemical safety.

2. Application for issuance of certificate of eligibility for trade in chemicals in Vietnam

According to Clause 2, Article 10 of Decree 133/2017/ND-CP (amended in Decree 88/2022/ND-CP), an application for issuance of certificate of eligibility for trade includes:

- A written request for issuance of the certificate of eligibility for trade;

- A copy of either of the enterprise/cooperative/household business registration certificate;

- A list of each chemical store;

- A copy of Decision on approval or written confirmation of documents related to environmental protection issued by the competent state authority according to regulations of the Law;

- A copy of written approval for the result of acceptance of fire safety and fighting of the fire safety and firefighting authority for each chemical warehouse subject to appraisal and approval for the design in fire safety and fighting;

A record of inspection of fire safety or a document that proves thereof issued by the competent authority for each chemical warehouse that is not subject to compulsory appraisal and approval for the design in fire safety and fighting;

- An overall floor plan of each store. Contents of the floor plan shall provide information about the location of the factory or warehouse, chemical storage areas, area and path to the factory, chemical production areas and warehouse.

A copy of the document that proves the right to use the land plot used for warehouse construction or the warehouse lease agreement in case of leasing of the warehouse or the chemical purchase agreement or contract in case of use of the warehouse of the chemical buyer or seller;

- A declaration of technical equipment and personal protective equipment in each store;

- A copy of the intermediate school’s diploma or higher qualification in chemicals of the person who is responsible for chemical safety;

- A copy of Decision on recognition of the results of inspection of training in chemical safety of the organization or individual as prescribed at Point dd, Clause 4, Article 34 of Decree 133/2017/ND-CP;

- Safety data sheets of every hazardous chemical in the store according to regulations.

3. Cases of withdrawal of eligibility for trading in chemicals in Vietnam

An organization or individual may have its/his/her certificate or permit withdrawn in the following cases:

- Having forged the dossier of application for a permit;

- No longer satisfying the conditions for grant of a permit;

- Violating the provisions of the certificate or permit but failing to remedy consequences within the time limit prescribed by a competent agency;

- Leasing or borrowing the permit or modifying the contents of the certificate or permit;

- Seriously violating the provisions of the Law on Chemicals 2007;

- Terminating activities of chemical production or trading.

(Clause 2, Article 18 of the Law on Chemicals 2007)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE