Vietnam Vietnam Publishes New Decree on Administrative Penalties against Violations on Chemicals Regulations

Vietnam Publishes New Decree on Administrative Penalties against Violations on Chemicals Regulations

On July 8, 2026, the Vietnamese Government issued the Decree No. 275/2026/ND-CP, which regulates administrative penalties for violations in the field of chemicals and industrial explosives. The Decree takes effect on August 25, 2026, replacing Decree No. 71/2019/ND-CP dated August 30, 2019 (as amended and supplemented by Decree No. 17/2022/ND-CP dated December 31, 2022). This Decree focuses on penalties for violations of the provisions of the 2025 Law on Chemicals (No. 69/2025/QH15) and related subordinate legislation that were issued and took effect at the beginning of 2026.

 

The Decree consists of 4 chapters, 76 articles, and is divided into 7 sections

Chapter Content Article
I General Provisions 01–06
II Administrative Violations, Types of Penalties, and Penalty Amounts in the Field of Industrial Chemicals and Explosives 07–61
III Authority to Impose Administrative Penalties and Issue Administrative Violation Reports 62–73
IV Implementation Provisions 74–76

 

Chapter II is the main section of this Decree, which defines violations, types of penalties, and penalty levels; specifically, it defines the following types of violations:

Section Content Article
1 Chemical Industry Development 7–14
2 Chemical Operations Management 15–28
3 Hazardous Chemicals in Products and Goods 29–30
4 Ensuring Safety in Chemical Operations 31–37
5 Chemical Reporting and Inspection Table 38–41
6 Chemicals, Insecticides, and Disinfectants 42–52
7 Industrial explosives operations 53–61

 

Scope and Applicable Entities

Scope of Application: Vietnamese and foreign organizations and individuals who commit violations on Vietnamese territory.

 

Major Categories of Violations in the Management of Chemical Activities

 

Category Major Violations Form of Penalty
Licenses and Certificates (Production, Trading, and Chemical Storage Services) (Articles 16–19) These four articles have a parallel structure and cover the following acts:

l Altering or erasing the content of a license

l Leasing, Lending, and Transfer

l No reissuance will be granted when there are changes to the business registration information

l Operating at the wrong location or exceeding the authorized scope

l Operating without a license or certificate

 

The maximum fine increases progressively based on the level of hazard posed by the type of chemical:

l Up to 60 million VND for regulated chemicals,

l Up to 80 million VND for chemicals requiring special control,

l A maximum of 100 million VND for prohibited chemicals.

 

In particular, regarding conditional chemicals and chemicals subject to special control, the following offenses—operating at an unauthorized location or exceeding the permitted scale; or operating without a license or certificate—

 

 

In addition to fines, supplementary penalties include:

l  (Partial) suspension of operations under the Certificate of Eligibility for the Production and Trade of Conditionally Regulated Chemicals for 3–6 months (if operations are conducted at an unauthorized location)

l  Partial suspension of operations under the Permit for the Production and Trade of Specially Controlled Chemicals for 6–12 months (if operations are conducted at an unauthorized location or exceed the permitted scale)

l  In particular, the offender must return any illegal profits obtained through the commission of the violation

l Conducting chemical business without a chemical storage facility or without renting a facility from a party holding a Certificate of Eligibility for Chemical Storage Services l  A fine ranging from 50–60 million VND

 

In addition, supplementary penalties include:

l  Suspension of chemical production and business operations for 3–6 months

 

Supervision of the purchase and sale of chemicals subject to special control (Article 20) l Failure to issue a control form for the purchase or sale of chemicals subject to special control within 10 days from the date of delivery for each shipment. l  Fine of 30–40 million VND

 

l  Sale of specially controlled chemicals to an organization:

o   An organization that does not hold a business license for special-control chemicals, or

o   An organization using chemicals subject to special control without having declared the type of chemical and its intended use in the specialized chemical database.

l  Fine of 40–50 million VND

In addition, supplementary penalties include:

l  Partial suspension of operations under the License for the Production and Trade of Specially Controlled Chemicals for 3–6 months

l  In particular, the organization must return any illegal profits obtained as a result of the violation

Declaration of imported chemicals; Export and import permits for specially controlled chemicals (Articles 21–23) l Failure to declare imported chemicals or providing false information to avoid declaration

 

l Exporting or importing specially controlled chemicals without an export or import license, or with an export or import license that has expired.

l  A fine of 40–60 million VND

 

In addition, supplementary penalties include:

l  Mandatory re-export within 30 days from the date of receiving the penalty decision.

l  In particular, the obligation to repay an amount equal to the value of the goods that have been consumed, disposed of, or destroyed in violation of the law

Disclosure of the type of chemical and its intended use (Article 24) l Failure to disclose information when importing conditional chemicals or chemicals subject to special control for specific uses.

 

l Failure to disclose information in the Specialized Chemical Database when using chemicals subject to special control for the production of goods or services.

l A fine of 30–40 million VND

 

In addition, for chemicals subject to special control, supplementary penalties include:

l  (Partial) suspension of the use of the offending chemical for 3–6 months

 

Annual chemical activity report (Article 25) l Violations of the obligation to update information in the Specialized Chemical Database Fines are categorized into three levels:

l Delayed updates: 10–20 million VND

l Incomplete or inaccurate updates: 20–30 million VND

l Failure to update: 30–40 million VND

l In addition, compared to the previous penalty regulations, the scope has been expanded to include violations related to authentication, identification, and traceability obligations on electronic identification and authentication platforms. l Fines ranging from 30–40 million VND

 

Chemical classification, Material Safety Data Sheets (MSDS), and registration of new chemicals (Articles 26–28) l Failure to classify chemicals before putting them into use or placing them on the market l Fines ranging from 70 to 80 million VND

 

l Failure to use the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) Version 2 or later. l Fine of 50–60 million VND

 

l Failure to prepare a Chemical Safety Data Sheet in Vietnamese for hazardous chemicals in circulation. l Fine of 30–40 million VND

 

l Failure to register new chemicals before putting them into use or distribution. l Fines ranging from 70 to 80 million VND

 

Hazardous chemicals in products and goods (Articles 29–30) l Failure to establish procedures for controlling hazardous chemicals during the production of products or goods containing hazardous chemicals. l Fine of 30–40 million VND

 

In addition, supplementary penalties include:

l  Suspension (partial) of the use of the offending chemical for 3–6 months

l Failure to report information on the concentration of hazardous chemicals in products and goods to the specialized chemical database

l Failure to disclose information regarding the composition and concentration of hazardous chemicals, as well as usage restrictions for products and goods containing hazardous chemicals, as indicated on product labels or electronic information pages

l A fine of 30–40 million VND

 

*The fine amounts listed above apply to businesses (twice the fine amount for individuals as specified in this Decree)

Regulations on Penalties for Violations of Chemical Safety Requirements

Provisions on chemical safety are outlined in Section 2 (Article 15) and Section 4 (Articles 31–37).

 

In Section 4 (Articles 31–37), violations can be categorized into the following main groups:

  • Facilities and Equipment, and Chemical Transportation (Articles 31 and 32)
  • Chemical Safety Officers (Article 33)
  • Chemical safety training (Article 34)
  • Plans/Measures for Prevention and Emergency Response (Articles 35–37)

 

Article 31 stipulates penalties for violations related to on-site facilities such as workshops, processes, equipment, packaging, labeling, emergency response equipment, and personal protective equipment, as well as the use of chemicals for essential consumer needs. Article 32 stipulates penalties related to the transportation of chemicals.

 

In particular, the key provisions of Articles 33–37 are summarized as follows:

Category Major Violations Penalty
Chemical Safety Officer (Article 33) l  Employing a person responsible for chemical safety who does not meet the professional requirements

 

l  Fine of 30–40 million VND

 

 

l  Failure to have a person responsible for chemical safety.

 

* The professional requirements for fields of study are specified in Appendix III of Decree No. 25/2026/ND-CP. Specifically:

ü A bachelor’s degree or higher for chemical manufacturing enterprises,

ü a vocational certificate or higher for enterprises engaged in the trade, storage, or use of chemicals, as well as the treatment, destruction, or disposal of chemical waste.

l  A fine of 40–50 million VND

 

In addition, supplementary penalties include:

l  Suspension of chemical operations for 1–3 months

Chemical safety training (Article 34) l  Failure to organize or send personnel to participate in periodic chemical safety training for Group 1 and Group 2 personnel l  A fine of 10–60 million VND (depending on the number of workers who did not receive training)

 

l  Failure to organize or send personnel to participate in periodic chemical safety training courses for Group 3 employees l  A fine of 6–50 million VND (depending on the number of workers who did not receive training)
Plans/Measures for Prevention and Response to Accidents (Articles 35–37) l  Failure to properly implement the provisions outlined in the Chemical Accident Prevention and Response Measures (Measures) l  A fine of 10–60 million VND (depending on the nature of each violation)

 

l  Failure to properly implement the provisions outlined in the Chemical Accident Prevention and Response Plan (Plan) l  A fine of 10–80 million VND (depending on the nature of each violation)
l  Failure to develop the Plan or the Measures while still putting the project into operation

l  Failure to develop Measures for modified components in cases where the project’s approved Plan involves changes such as expansion of scale, changes to the production process, production equipment, or the use and storage of materials—provided such changes do not involve hazardous chemicals listed in the category requiring a Plan.

l  Failure to develop a Plan and submit it to the competent authority for review and approval in cases where Measures have already been issued but changes have occurred, resulting in a situation requiring the development of a Plan for the prevention and response to chemical accidents.

l  A fine of 70–80 million VND

 

In addition, supplementary penalties include:

l  Suspension of chemical operations for 1–3 months

 

EnviX Comment: Impact Analysis/Recommendations for Businesses

In general, violations are clearly and specifically defined under the 2025 Chemicals Law and related guiding documents. Administrative penalties for activities involving chemicals have generally increased compared to the previous provisions in Decree 71/2019/ND-CP. The provisions on penalties related to industrial explosives have generally remained largely unchanged. Upon the effective date of this Decree, Decree 71/2019/ND-CP and Article 1 of Decree 17/2022/ND-CP will cease to be in effect.

 

Below are some key points that businesses should note and prioritize reviewing before this Decree takes effect:

  • Application files for various types of licenses and certificates, as required by regulations
  • Consistency between the information on licenses and certificates and the business registration information
  • The updated status in the specialized chemical database according to specified deadlines;
  • Full compliance with the procedures for declaring imported chemicals as required
  • Control procedures and reporting documentation for hazardous chemicals in products and goods;
  • Chemical safety training records
  • Chemical classification and safety data sheets in Vietnamese
  • Declaration of the maximum amount of chemicals stored at any given time at the facility, etc.

View the full text of the Decree at the link below
https://vanban.chinhphu.vn/?pageid=27160&docid=218835

Author / Responsibility

AOKI Kenji

Senior Consultant, EnviX Ltd.
General Director, E&H Consulting Co., Ltd.

Business Performance

Expertise in EHS (environment, health and safety) consulting in ASEAN region.
- Environmental regulations updating
- Chemical regulations consulting

Background

MSc in Earth Science, The University of Tokyo

AOKI Kenji