RESTRICTED CHEMICAL BUSINESS LICENSE

Chemical trading is a conditional business line pursuant to Appendix IV of the Investment Law 2015. Therefore, organizations and individuals operating in the chemical sector must obtain a license or certificate of eligibility for chemical production and trading from the Chemical Department (Ministry of Industry and Trade) or the Department of Industry and Trade, in accordance with the Law on Chemicals and the detailed guidance provided in Government Decree No. 113/2017/NĐ-CP dated October 9, 2017.

License for the production and trading of restricted chemicals in the industrial sector

╰❥ Competent authority for issuing restricted chemical business licenses
The Ministry of Industry and Trade (Chemical Department) is the competent authority to issue licenses for the production and trading of restricted chemicals in the industrial sector.

╰❥ General safety requirements in the production and trading of chemicals
★ Compliance with requirements for factory buildings and storage warehouses as stipulated in Article 4 of Government Decree No. 113/2017/NĐ-CP.
★ Compliance with requirements for technology, equipment, tools, and packaging as stipulated in Article 5 of Government Decree No. 113/2017/NĐ-CP.
★ Compliance with requirements for storage and transportation of chemicals as stipulated in Article 6 of Government Decree No. 113/2017/NĐ-CP.

╰❥ Restricted chemicals for production and trading in the industrial sector
★ Substances listed in the "List of restricted chemicals for production and trading in the industrial sector" issued in Appendix II of Government Decree No. 113/2017/NĐ-CP.
★ Chemical mixtures containing substances listed in Appendix II of this Decree shall be classified under Article 23 of Government Decree No. 113/2017/NĐ-CP into at least one of the following hazard classes:
a) Acute toxicity (via various exposure routes) Category 1
b) Carcinogenicity Categories 1A, 1B
c) Reproductive toxicity Categories 1A, 1B
d) Germ cell mutagenicity Categories 1A, 1B

╰❥ Conditions for granting licenses for the production and trading of restricted chemicals in the industrial sector
★ Licensing conditions for the production of restricted chemicals in the industrial sector are regulated under Clause 1, Article 9 of Government Decree No. 113/2017/NĐ-CP.
★ Licensing conditions for the trading of restricted chemicals in the industrial sector are regulated under Clause 2, Article 9 of Government Decree No. 113/2017/NĐ-CP.
★ Restricted chemicals in the industrial sector must be stored in a separate area within a warehouse or in a dedicated warehouse.
★ Organizations and individuals are only permitted to produce and trade restricted chemicals in the industrial sector after obtaining the appropriate license from the competent authority and must maintain full compliance with the conditions specified in Clauses 1, 2, and 3, Article 15 of Government Decree No. 113/2017/NĐ-CP throughout their production and trading activities. In cases where these conditions are no longer met, the license shall be revoked in accordance with Clause 2, Article 18 of the Law on Chemicals.

╰❥ Application documents, order, and procedures for issuance of restricted chemical business licenses in the industrial sector
★ Application for the production license of restricted chemicals

• Application document for the production license of restricted chemicals according to the template specified in Clause 7, Article 16 of Government Decree No. 113/2017/NĐ-CP.

• Documents specified from Point b to Point i, Clause 1, Article 10 of Government Decree No. 113/2017/NĐ-CP.

• Explanatory document of the production process for restricted chemicals.

★ Application for the trading license of restricted chemicals

• Application document for the trading license of restricted chemicals according to the template specified in Clause 7, Article 16 of Government Decree No. 113/2017/NĐ-CP.

• Documents specified from Point b to Point k, Clause 2, Article 10 of Government Decree No. 113/2017/NĐ-CP.

• Business plan explanation for restricted chemicals submitted by the organization or individual applying for the license.

Hoa Phat Environment Safety Technology Company Limited specializes in consulting and assisting enterprises in obtaining licenses for the trading of restricted chemicals. We have hereby shared several key provisions regarding the conditions and procedures for acquiring such licenses for the conditional production and trading of restricted chemicals in the industrial sector, as regulated and issued by the Ministry of Industry and Trade – Chemical Department.