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Procedure for application for a chemical trading and manufacturing eligibility certificate

The chemical industry is an open market with huge profits but also has many potential risks. In order for enterprise to have full legal procedures to do business in this field, T2H Lawyers through this article will guide you through procedure for application for a chemical trading eligibility certificate

  1. Conditions for chemical manufacturing
  • Being a lawfully established enterprise, cooperative or business household engaged in chemical production;
  • Physical-technical foundations must meet the production requirements specified in Article 12 of the Law on Chemicals; and Article 4; Clauses 1 and 2, Article 5; and Clauses 1 and 2, Article 6, of Decree No. 113/2017/NĐ-CP;
  • The area of workshops and storehouses must satisfy the requirements prescribed in relevant national standards or technical regulations. The production area must be large enough for installation of production lines suitable to the designed capacity and production stages and satisfy technological requirements;
  • The director or deputy director in charge of technical matters or technician in charge of chemical production must possess a university or higher degree in chemicals;
  • The persons defined in Article 32 of this Decree shall be trained in chemical safety
  1. The order of execution
  • An organization or individual applying for an eligibility certificate shall make a dossier and send it to provincial-level Department of Industry and Trade of the locality where the applicant registers its/his/her head office
  • Within 12 working days after receiving a complete and valid dossier If refusing to grant a certificate, the agency competent to grant certificates shall issue a written reply stating the reason
  • If finding a dossier incomplete and invalid, within 3 working days after receiving it, the certificate-granting agency shall notify such to the applicant for supplementation of the dossier. c/
  1. Dossiers
  2. An application for a certificate of eligibility for production of industrial chemicals subject to conditional production and trading, made according to the form provided in Clause 7 Article 10 of Decree No.113/2017/NĐ-CP
  3. A copy of the enterprise registration certificate or cooperative registration certificate or business household registration certificate;
  4. A copy of the decision approving or written certification of the documents on environmental protection as prescribed by law, issued by a competent state management agency;
  5. A copy of the certificate of approval of the fire prevention and fighting design and a written approval of takeover test of the fire prevention and fighting system, issued by a competent agency, for each production establishment subject to approval of fire prevention and fighting design; A written record of inspection of fire prevention and fighting or a competent agency’s document proving the satisfaction of fire prevention and fighting conditions for each production establishment not subject to approval of fire prevention and fighting design;
  6. A general drawing of the grounds of workshops and storehouses, which must have information on locations of workshops and storehouses, storage places, area of and paths to workshops, production zones and storehouses of chemicals; a copy of the document proving the right to use land areas for construction of workshops and storehouses or of a contract on hiring of workshops and storehouses;
  7. A declaration of technical equipment and labor protective devices and safety equipment of the chemical production establishment;
  8. A copy of the university or higher diploma in chemicals of the director or deputy director in charge of technical matters or technician in charge of chemical production of the chemical production establishment;
  9. A copy of the chemical safety training dossier prescribed in Clause 4 Article 34 of Decree No.113/2017/NĐ-CP
  10. Material safety data sheets of hazardous chemicals of the production establishment as prescribed.

Please contact us for detailed advice.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2hlawyers.vn

Email: contact.t2h@t2hlawyers.vn – huong.le@t2hlawyers.vn

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