CERTIFICATE OF ELIGIBILITY FOR CHEMICAL TRADING

Chemical trading is a conditional business line, as stipulated in Appendix 4 of the Investment Law 2015. Accordingly, organizations and individuals engaged in chemical-related activities must obtain a license or certificate of eligibility for chemical manufacturing and trading, issued by the Chemicals Department (under the Ministry of Industry and Trade) or the Department of Industry and Trade, in accordance with the Law on Chemicals and detailed guidance outlined in Decree No. 113/2017/ND-CP dated October 9, 2017, of the Government.

╰❥ General Safety Requirements in Chemical Manufacturing and Trading

★ Compliance with facility and storage requirements under Article 4 of Decree No. 113/2017/ND-CP of the Government.

★ Compliance with technological systems, equipment, tools, and packaging as stipulated in Article 5 of the same Decree.

★ Compliance with storage and transportation requirements outlined in Article 6 of the Decree.

╰❥ Conditionally Regulated Chemicals in Industrial Fields Include:

1. Substances listed in the Appendix I of Decree No. 113/2017/ND-CP of the Government.

2. Mixtures containing substances listed in Appendix I and mixtures containing substances listed in Appendix II, not falling under Article 14 of the Decree, shall be classified per Article 23 of the same Decree under at least one of the following hazard classes:
   
   a) Physical hazards (categories 1, 2, 3 or types A, B, C, D)
   
   b) Acute toxicity (various exposure routes), categories 2, 3
   

   c) Serious eye damage or eye irritation categories 1, 2/2A
   
   d) Skin corrosion/irritation categories 1, 2
   
   e) Carcinogenicity, germ cell mutagenicity, reproductive toxicity category 2
   
   f) Environmental hazards category 1

╰❥ Conditions for Issuance of the Certificate of Eligibility for Manufacturing and Trading of Conditionally Regulated Chemicals in Industry

1. Manufacturing Requirements
   
   a) The entity must be lawfully established under applicable regulations.
   
   b) Facilities and technical infrastructure must meet the requirements under Article 12 of the Law on Chemicals and Articles 4(2), 5(1)(2), and 6 of Decree 113/2017/ND-CP.
   
   c) Premises, factories, and storage facilities must conform to national standards and technical regulations. The production facility must have adequate area to arrange the production line according to design capacity, meeting technological and safety requirements.
   
   d) The Director, Deputy Technical Director, or chemical production supervisor must hold a university degree or higher in chemical-related fields.
   
   e) Personnel listed in Article 32 of Decree 113/2017/ND-CP must undergo chemical safety training.

2. Trading Requirements
   
   a) The entity must be lawfully established under applicable regulations.
   
   b) Facilities and technical infrastructure must comply with Article 12 of the Law on Chemicals and Articles 4(2), 5(1)(2), and 6 of Decree 113/2017/ND-CP.
   
   c) Stores or business premises must ensure chemical safety and fire/explosion prevention standards.
   
   d) Must have a storage facility, or a lease agreement for chemical storage, or utilize storage facilities owned by the chemical buyer/seller meeting chemical safety and fire safety standards.
   
   e) The chemical safety officer at the trading entity must possess at least an intermediate diploma in a chemical-related field.
   
   f) Personnel listed in Article 32 of this Decree must undergo chemical safety training.

3. When is the Certificate Revoked?
   
   Organizations and individuals may only engage in the manufacturing and trading of regulated industrial chemicals after being granted a Certificate of Eligibility by a competent authority. They are required to maintain the conditions specified in items (1) and (2) throughout the operation. Failure to do so will result in certificate revocation in accordance with Clause 2, Article 18 of the Law on Chemicals.

╰❥ Dossier, Procedures, and Process for Issuance of the Certificate of Eligibility for Chemical Manufacturing and Trading

1. Application for Certificate of Eligibility for Chemical Manufacturing
   
   a) Application form per Clause 7 of this Article.
   
   b) Copy of the Business Registration Certificate, Cooperative Registration Certificate, or Household Business Registration Certificate.
   
   c) Copy of the Decision or Confirmation on environmental protection documents issued by a competent state agency.
   
   d) Copy of the Fire Prevention and Fighting (FPF) design approval and acceptance certificate, or an equivalent certificate of fire safety compliance.
   
   e) Master layout drawing of production site and storage areas, including chemical storage zones, access roads, and land use documents or lease contracts for the premises.
   
   g) Inventory list of equipment, labor protection devices, and safety systems used in the facility.
   
   h) Copy of university degree (or higher) in chemistry of the relevant technical personnel.
   
   i) Copy of chemical safety training records under Clause 4, Article 34 of the Decree.
   
   j) Safety Data Sheets (SDS) for hazardous chemicals used at the production facility.

2. Application for Certificate of Eligibility for Chemical Trading
   
   a) Application form per Clause 7 of this Article.
   
   b) Copy of the Business Registration Certificate, Cooperative Registration Certificate, or Household Business Registration Certificate.
   
   c) Inventory of all business locations.
   
   d) Copy of environmental protection documents issued or verified by a competent authority.
   
   e) Copy of FPF design approvals and FPF acceptance certificate for chemical storage facilities, or equivalent certification in cases where design approval is not required.
   
   f) Layout drawings of each trading location, indicating storage areas and site access, along with land use rights or storage lease contracts.
   
   g) Equipment and safety inventory of each business location.
   
   h) Copy of intermediate diploma or higher in chemistry of the chemical safety supervisor.
   
   i) Copy of chemical safety training records under Clause 4, Article 34 of the Decree.
   
   k) Safety Data Sheets (SDS) for hazardous chemicals traded at the facility.

Hoa Phat Environment Safety Technology Company Limited specializes in providing consultation and support for enterprises applying for Certificates of Eligibility for Chemical Trading.

For detailed assistance, please contact our hotline.