Vietnam proposes to revise Circular 32/2017/TT-BCT implementing Law on Chemicals

NOTE:
On Oct. 27, 2022, Vietnam’s Ministry of Industry and Trade issued a circular (Circular No. 17/2022/TT-BCT) to amend Articles 1, 3, 4, 6, 7, 9 and 10 of Circular No. 32/2017/TT-BCT that stipulates detailed regulations for the Law on Chemicals and Decree No. 113/2017/ND-CP. See more details below:
Vietnam issues circular to amend implementation regulations for Law on Chemicals

On April 28, 2022, Vietnamese Ministry of Industry and Trade (MOIT) released a Draft Circular Amending and Supplementing the Circular No. 32/2017/TT-BCT Providing Guidelines for Implementation of the Law on Chemicals and the Decree No. 113/2017/ND-CP (hereinafter “the Draft Circular”). The Draft Circular proposes to amend Articles 1, 3, 4, 6, 7, 9, and 10 of the Circular No. 32/2017/TT-BCT. Specifically, amendments/supplements are made on: the expiration date of the license for restricted chemicals; the format of an industrial precursor management logbook, mandatory labeling, and the deadline for submitting annual reports.

The original text of the Draft Circular can be downloaded at the URL below. The call for comments on the Draft Circular will close on June 26, 2022.
http://cuchoachat.gov.vn/thong-bao/lay-y-kien-gop-y-doi-voi-du-thao-thong-tu-sua-doi-bo-sung-thong-tu-so-32-2017-tt-bct-ngay-28-thang-12-nam-2017-cua-bo-truong-bo-cong-thuong.html

The major amendments/supplements to the Draft Circular are summarized as follows:

• Additional rules on the expiration date for a manufacturing and trade license for restricted chemicals
  For issuance or renewal of manufacturing/trade licenses for restricted chemicals, the expiration date will be newly set as “five years from the date of issuance.” For reissued licenses, the expiration date will be that of the originally issued one.
  Note: Though a draft decree that amends and supplements the Decree No. 113/2017/ND-CP is currently under deliberation, licenses issued before the enactment of the draft decree will also be an additional five years from the date of the official effective date of the Draft Circular.

• Addition of a new format for an industrial precursor management logbook
  Guidance to prepare a management logbook for manufacture, trade, and use of industrial precursors will be added as Annex 11.

• Supplement to the labeling regulations
  Provisions for labeling of chemicals will be amended so that compliance with the Decree No. 43/2017/ND-CP on Goods Labeling, the Decree No. 111/2021/ND-CP Amending and Supplementing the Decree No. 43/2017/ND-CP, and Annex 8 of the Draft Circular is mandated.

• Supplement to the regulation on warning signs during transportation
  Provisions on warning signs during transportation of dangerous chemicals will be amended so that compliance with the Decree 42/2020/ND-CP on Transportation of Dangerous Goods on Roads or Inland Waterways is mandatory.

• Amendment to the deadline for submitting an annual report on chemicals-related activities
  The deadline for submission of annual reports on chemicals-related activities in the industrial sector will be changed from the current January 15 of each year to February 15 of each year.
• Amendment to the annual reporting format for chemicals-related activities
  The format of an annual report will be specified as set forth in Form 05, Annex 5 of the Draft Circular. This is a simplified one of the current format, as stipulated in the Circular No. 32/2017/TT-BCT. In addition, a provision will be added that any chemical containing 0.1% or more of hazardous chemicals must be included in the annual report.