Vietnam Publishes Second Draft of Law on Chemicals: Part 1 
On March 5, 2025, the National Assembly of Vietnam released the second draft of the amended Law on Chemicals (hereafter referred to as “the draft”) and invited broad corporate feedback through the Vietnam Chamber of Commerce and Industry (VCCI). The first draft, originally published on March 13, 2024, comprised 11 chapters and 95 articles. Following extensive deliberations and revisions, the second draft now consists of 8 chapters and 50 articles. Scheduled to take effect on January 1, 2026, this law will replace the Law on Chemicals 2007 (06/2007/QH12). The main revisions include definitions of various regulated chemicals, hazardous classification and labeling, management rules for hazardous and toxic chemicals, “conditional chemicals” and “special management chemicals,” the scope of import declarations, registration of new substances, and management of chemical confidentiality.
Below is an explanation of the amended regulations concerning regulated chemicals.
Definitions of Regulated Chemicals
The draft introduces partial changes to the concept of regulated chemicals. A comparison between the existing Law on Chemicals and the new draft is summarized in the table below. Note that specific lists of regulated chemicals are not included in the draft.
| Category of Regulated Chemicals | Amendments in the Draft |
|---|---|
| Hazardous chemicals | No changes (though classification principles revised) |
| Toxic chemicals | Eliminated (new concept of “toxic substances” introduced) |
| Conditional chemicals | No changes |
| Restricted chemicals | Replaced by “special management chemicals” |
| Prohibited chemicals | No changes |
| Chemicals requiring accident prevention plans | No changes |
| Chemicals subject to compulsory declaration | Eliminated |
| New chemicals | Definition and scope clarified |
Hazard Classification and Labeling for Hazardous and Toxic Chemicals
The classification of chemicals adheres to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) technical guidelines. However, the draft introduces Vietnam’s Ministry of Industry and Trade classification standards as an addition.
Hazardous chemicals are now categorized following these new standards. The concept of “toxic chemicals” is abolished in favor of a new classification, “toxic substances,” which differs from current regulations.
Management Rules for Conditional and Special Management Chemicals
The concept of “special management chemicals” was introduced in the first draft to replace “restricted chemicals.” These chemicals refer to substances regulated under international treaties ratified by Vietnam. The concept of “conditional chemicals” remains unchanged.
Regulations for both conditional and special management chemicals largely mirror current rules, but businesses must adhere to specific licensing and documentation requirements.
| Activity | Conditional Chemicals | Special Management Chemicals |
|---|---|---|
| Manufacturing/Trading | Companies must obtain licenses, valid for 5 years | Companies must obtain permits, valid for 5 years |
| Export/Import | Companies that manufacture conditional chemicals can only export the chemicals listed on their qualification certificate.
Companies that trade conditional chemicals can only import and export the chemicals listed on their qualification certificate. |
Import and export of special management chemicals requires the import and export permits. These permits are required for customs clearance.
Permits are issued for each import and export, and are valid for 6 months, with a single renewal possible. Companies importing special management chemicals do not need to submit an import declaration. |
| Sale | N/A | When selling special management chemicals, companies must create a sales and purchase management form using the National Chemicals Database.
This management form replaces the current “Toxic Chemicals Sales and Purchase Management Form”. The major revision is that the scope of application is not limited to a wide range of toxic chemicals, but is narrowed down to special management chemicals. |
| Usage | N/A | Companies must disclose chemical type and usage purpose in the National Chemical Database |
Expansion of Import Declaration Scope
Under Article 13, Clause 5 of the draft, all imported chemicals must be declared. This eliminates the previous category of “declarable chemicals” and significantly broadens the scope of chemicals requiring declarations.
Transitional Provisions
- Companies granted permits for manufacturing, trading, or exporting/importing chemicals (e.g., restricted chemicals, industrial precursors, designated chemicals) before the law’s enforcement may continue until the expiration of their permits.
- Businesses with certifications for conditional chemical manufacturing/trading may continue until December 31, 2027.
- Chemical storage operators must establish accident prevention and response plans by December 31, 2027.
The full text of the draft can be downloaded from:
https://vibonline.com.vn/du_thao/du-thao-luat-hoa-chat-sua-doi
