Recently, the government of Vietnam announced its proactive efforts to amend the Law on Chemicals to meet the needs of national industrialization and modernization, and to ensure consistency with international treaties and free trade agreements.
According to the Ministry of Industry and Trade, since the implementation of the Law on Chemicals, Vietnam's chemical industry has made significant progress. However, some provisions of the current law no longer meet the actual conditions. Following the resolution of the National Assembly Standing Committee on December 18, 2023, the government has adjusted the 2024 legal and decree drafting plan, including the amendment of the Law on Chemicals. The amendment draft was discussed and approved by the government on June 13, 2024, and was improved based on the opinions of government members.
To date, the amendment draft of the Law on Chemicals has been essentially completed and submitted to the National Assembly Standing Committee. It is expected to be further discussed and solicited for opinions at the eighth session in October 2024.
The main content of the amendment draft is outlined as follows:
a) Chapter One: General Provisions (Articles 1 to 8)
- Inherits the provisions of the 2007 version regarding principles and prohibitions in chemical operations.
- Modifies and adds the national policies on the development of the chemical industry to align with the future development strategy of Vietnam's chemical industry.
b) Chapter Two: Development of the Chemical Industry (Articles 9 to 14)
- Adds requirements, formulation, approval, and implementation of the chemical industry development strategy.
- Adds detailed support and investment policies for key areas of the chemical industry, such as priority product categories and the construction of specialized chemical industrial parks.
c) Chapter Three: Management of Chemical Activities (Articles 15 to 44)
- Specifies detailed safety requirements for the production, operation, transportation, storage, and use of chemicals.
- Mandates that all imported chemicals must be declared, with declaration data synchronized to the chemical database and directly provided to the relevant management departments.
Vietnamese Government Chemical Database website:
https://chemicaldata.gov.vn/tim-kiem/hoa-chat
- Establishes strict management measures for conditional chemicals and specially controlled chemicals:
1. Conditional chemicals: Relevant activities must comply with safety conditions, with production and operation conducted by individuals and organizations based on qualifications issued by provincial-level People's Committees.
2. Specially controlled chemicals: Includes chemicals controlled to fulfil international treaties and those that may pose risks to national defense, security, human health, and the environment. Production, operation, export, and import activities are carried out by individuals and organizations based on licenses issued by the Ministry of Industry and Trade. Purchase and sale must be documented and confirmed by both parties. Individuals and organizations using these chemicals are responsible for publishing the type and intended use of the chemicals in the database before first use or when changing the purpose of use.
3. Prohibited chemicals: Individuals and organizations are not allowed to engage in activities with prohibited chemicals, except for special purposes such as scientific research, national defense security, and disease control. Ministers issue licenses for the production and import of prohibited chemicals to organizations using them.
d) Chapter Four: Chemical Information (Articles 45 to 55)
- Inherits provisions on the registration, assessment, and management of new chemicals.
- Specifies the establishment and maintenance of the chemical database, managed by the Ministry of Industry and Trade, upgrading and establishing a mechanism for sharing and using chemical database information.
e) Chapter Five: Hazardous Chemicals in Products (Articles 56 to 58)
l Clarifies the responsibilities of organizations and individuals producing and importing products containing hazardous chemicals, requiring them to publish the content of relevant chemicals in the database.
f) Chapter Six: Chemical Safety (Articles 59 to 71)
- Specifies detailed requirements for chemical safety management, including standards for facilities, technology, and professional training that organizations and individuals must comply with in the production, operation, storage, transportation, use, and disposal of chemicals.
- Modifies and supplements measures for the prevention and response to chemical accidents.
g) Chapter Seven: Environmental Protection and Community Safety (Articles 72 to 76)
- Strengthens legal responsibilities for protecting the environment and community safety.
- Specifically addresses strategies for dealing with residues of chemicals from wars.
h) Chapter Eight: National Management of Chemicals (Articles 77 to 86)
- Clarifies the government's unified responsibility for managing chemical activities nationwide.
- Specifies the specific responsibilities and tasks of various levels of institutions in chemical management.
i) Chapter Nine: Enforcement Provisions (Articles 87 to 89)
- Specifies the enforceability and transitional provisions of the legal revision.
- Clarifies modifications, supplements, and repeals of legal provisions related to the field of chemicals.
CIRS Group will continue to monitor the latest developments in Vietnam's chemical control, assisting related enterprises to prepare for compliance in advance.
Further Information
