On January 17, 2026, the Government of Vietnam promulgated Decree 26/2026/ND‑CP, “Detailing and Providing Guidelines for the Management of Chemical Activities and Hazardous Chemicals in Products and Goods under the Law on Chemicals (69/2025/QH15).” This decree is one of the most important legal documents implementing the Law on Chemicals No. 69/2025/QH15, which takes effect on January 1, 2026. The decree takes effect upon promulgation and fully replaces Decree 113/2017/ND‑CP and Decree 82/2022/ND‑CP.
This article (Part 2) focuses on the detailed provisions concerning the protection of confidential information under Article 26 of the Law on Chemicals.
Scope of Confidential Information
Article 26 of the decree states that enterprises submitting notifications, registrations, or reports under the Law on Chemicals have the right to request confidentiality for information related to technical secrets or business secrets from the receiving authority or organization. However, information specified in Article 26(2) of the Law on Chemicals is excluded from confidentiality protection.
The following information is not eligible for confidentiality:
- The trade name of the chemical
- The name of the organization or individual that manufactures or imports the chemical
- The Safety Data Sheet (SDS)
- Information necessary for preventing and responding to chemical accidents; information for mitigating or limiting adverse effects caused by chemical hazards; warnings for chemical use or exposure; and initial emergency response procedures
- Analytical methods used to determine potential human or environmental exposure, and summaries of toxicity test results
- The purity of mixtures and the hazards of additives or impurities
Responsibilities of Enterprises Requesting Confidentiality
Enterprises requesting confidentiality must submit notifications, registrations, and reports to the receiving authority or organization using registered encrypted (coded) information.
If foreign chemical manufacturers or suppliers cannot directly provide information or documents to the receiving authority or organization, they must submit the registered coded information through a representative office in Vietnam or through a designated Vietnamese organization or individual, and request confidentiality through that representative.
Responsibilities of Authorities Receiving Confidential Information
When an enterprise submits a confidentiality request, the receiving authority or organization is responsible for evaluating the validity of the request based on Article 26(2) of the Law on Chemicals.
The evaluation results must be communicated to the requesting enterprise, sent to the Ministry of Industry and Trade, and published in the chemical database.
The original decree can be downloaded at:
https://vanban.chinhphu.vn/?pageid=27160&docid=216673
Vietnam Issues Decree Detailing Law on Chemicals of 2025: Part 2