Vietnam Vietnam MOIT releases draft to amend chemical management decree No. 113/2017/ND-CP

Vietnam MOIT releases draft to amend chemical management decree No. 113/2017/ND-CP

NOTE:
On Oct. 18, 2022, Vietnamese government issued a governmental decree (Decree No. 82/2022/ND-CP) that partially revises Decree No. 113/2017/ND-CP. See more details in the following:
Vietnam revises detailed regulations for Law on Chemicals

 

On July 9, 2021, the General Department of Chemicals of the Ministry of Industry and Trade (MOIT) of Vietnam released a draft decree to partially amend the Governmental Decree 113/2017/ND-CP on the details of the Law on Chemicals. The draft decree stipulates various amendments, including the addition of regulated chemicals under POPs convention, the designation of chemicals requiring special controls upon import, the establishment of concentration cut-off value for regulated chemicals, and supplements on exemption.

You can download the draft on the following page:
http://cuchoachat.gov.vn/default.aspx?page=news&do=detail&category_id=43&id=4448

 

The main contents of this proposal are as follows.

  • Addition of banned chemicals
    12 substances regulated by the Chemical Weapons Convention will be added to the list of banned chemicals of Annex III.
  • Addition of restricted chemicals
    The following six substances regulated by the Stockholm Convention will be added to the list of restricted chemicals of Annex IV:
    Hexabromocyclododecane, Chlordecone, Pentachlorobenzene (PeCB), Polychlorinated naphthalene (PCN) Decabromodiphenyl ether (DBDE), Perfluorooctanoic acid (PFOA) and its salts
  • Designation of chemicals requiring special controls upon import
    Nitrous oxide, cyanide, mercury and mercury compounds will be newly designated as chemicals subject to special control at the time of import. After these chemicals are declared for import, the Ministry of Industry and Trade (MOIT) will determine their compliance and notify the results. The annual import volume will be taken into account in the determination.
  • Establishment of concentration cut-off value
    Although it was not specified in the current Decree No. 113/2017/ND-CP, the concentration cut-off value of the mixture to be regulated will be specified. Specifically, conditional chemicals, restricted chemicals, and chemicals to be declared will not be regulated if their concentration is less than 0.1%.
  • Change in annual reporting deadlines for chemical activities
    Entities engaged in various chemical activities (manufacturing, trading, and use) must submit the results of the previous year’s activities to local authorities by January 15 of each year. In the proposed amendment, this deadline will be changed to February 15.
  • Changes in GHS classification categories

 

On the following page, you can see the current legal systems on chemical management in Vietnam:
https://enviliance.com/regions/southeast-asia/vn/vn-chemical/vn-chem-law

 

NOTE:
EnviX can provide any consulting service about Vietnamese chemical regulations, including POPs control. Please feel free to contact us.
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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