With regard to other cases, if the imported preparations had valid sale registration certificates, they shall be imported on demand in unlimited quantity or value and must not apply for a permit (Article 48 of Decree No. 91/2016/ND-CP).
Forms of registration of sale of preparations are specified in Article 21 of the aforesaid Decree No. 91/2016/ND-CP.
In addition, this Circular also promulgates the List of precursors used for manufacturing of industrial explosives in Vietnam (Appendix III).
According to Clause 4 Article 3 of this Circular, industrial explosives shall be labeled in accordance with applicable law regulations. Manufacturers and importers must use names of industrial explosives as specified in the Appendix I enclosed with this Circular and are allowed to use their trade names as regulated.
For establishments that engage manufacturing, trading, and use of industrial explosives, they have to take these responsibilities: comply with regulations in licenses; establish occupational safety and sanitation departments as regulated in Article 36 of Decree No. 39/2016/ND-CP; promulgate and publish internal regulations and procedures for guaranteeing security, safety, fire and explosion, salvage and rescue as well as environmental protection; carry out the risk-based explosive safety assessment, etc.
This Circular takes effect from July 1st, 2018.
To abolish Circular No. 23/2009/TT-BCT dated August 11th, 2009; Circular No. 26/2012/TT-BCT dated September 21st, 2012; Circular No. 45/2013/TT-BCT dated December 31st, 2013 and Circular No. 61/2014/TT-BCT dated December 29th, 2014.
Quantity of HCFC subject to environmental protection tax shall be determined based on the percentage (%) of HCFC solution contained in the mixed substances multiplied by (x) quantity of mixed substances imported or produced for sale, consumption, exchange, donation.
Regarding whether it is exempt from license to import mixed substances containing HCFC solution or not, enterprises need to contact with specialized management agency that is the Ministry of Natural Resources and Environment for consideration and settlement.
With regard to plant protection drugs with categories I, II cutely toxic active ingredients under Globally Harmonized System of Classification and Labeling of Chemicals (GHS), it is required to apply for license to import. The Ministry of Agriculture and Rural Development has proclaimed at Official letter No. 589/BVTV-QLT dated March 9th, 2018.
According to Article 8 of this Circular, the declaration of imported chemicals must be carried before carrying out procedures for customs clearance.
However, the obligation to declaration only belongs to establishments that directly import chemicals. With regard to establishments that re-purchase chemicals (within the territory of Vietnam), they are exempt from the declaration
This Circular comes into force from the signing date. To replace, abolish the following documents:
- Terms “chemical”, substance”, “mixture”, “chemical-related activities” are construed in Article 4 of the Law on chemicals.
- All chemicals, including both hazardous substances and mixtures, must be properly managed and controlled.
- HS codes specified in lists enclosed with the Decree No. 113 are only used for reference purpose in order to identify substances rather than for applying HS codes to imported/exported goods.
- Consumer products containing chemicals shall not be governed by the regulations of the Decree No. 113. This Decree only governs chemicals used for investment, production, business.
- Regulations on exemption from the license to import/export industrial precursors as specified in Clause 1 Article 13 of the Decree No. 113 apply to imported/exported chemicals containing industrial precursors.
- Mixtures that contain any substance as regulated in Appendix V of the Decree No. 113 are also subject to mandatory declaration.
- Declaration of chemicals must be made when they are imported.
- The amount of imported chemicals which is less than 10 kg/shipment shall be exempt from chemical declaration and the allowance of 10kg is applied to a chemical per import shipment. This is not total amount of different chemicals.
In addition, this Decision also adds 2 active ingredients, including Trichlorfon and Carbofuran, to the List of pesticides banned from use in Vietnam in 2017. Time of the ban on import is from the date on which this Decision takes effect.
This Decision takes effect from the date of its signing.
Under this Decree, many cases where declaration of chemicals is exempt are supplemented such as: (i) chemicals to which licenses for production, import are issued; (ii) the amount of imported chemicals is under 10 kg/shipment; (iii) chemicals that are raw materials for medicine production issued with certificates of registration for sale; (iv) chemicals that are raw materials for pesticide production with certificates of pesticide registration in Vietnam.
This Decree takes effect from November 25th, 2017. To replace Decree No. 108/2008/ND-CP dated October 7th, 2008 and Decree No. 26/2011/ND-CP dated April 8th, 2011.
To abolish Article 8 of Decree No. 77/2016/ND-CP dated April 1st, 2016.