On Oct. 12, 2022, Vietnam’s Ministry of Industry and Trade released a draft revision of the Law on Chemicals (06/2007/QH12). The revision was proposed as the Law on Chemicals, which was issued in 2007 and came into effect in 2008, has shown various flaws over 14 years of implementation. It aims to clarify ambiguous points in the law, promote Vietnam’s chemical industry, implement the risk assessment of chemicals, and implement effective management of chemicals contained in products. The ministry expects to submit an amendment bill at the eighth session of the 15th national assembly in October 2024 and have the bill passed at the ninth session in May 2025.
The draft and an explanatory material for it are available at
http://legal.moit.gov.vn/du-thao-van-ban/62.html.
Objectives of the revision
- Increase the practicality of the Law on Chemicals and ensure consistency between this law and treaties Vietnam has adopted.
- Increase the effectiveness and efficiency of the national management of chemicals.
- Protect rights and interests of investors, organizations and individuals regarding chemicals.
- Attract foreign investment and domestic private investment for the chemical industry’s development.
Main points of the revision
To achieve the above objectives, substantial changes to the Law on Chemicals are considered in the six points shown in the table below.
No. | Point | Proposed changes |
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1 | Clarification of the law’s scope |
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2 | Continuous development of the chemical industry as a fundamental, modern industry |
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3 | Chemical management throughout their lifecycle |
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4 | Management of chemicals contained in products |
In line with these objectives, the following things are implemented:
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5 | Effective systems to ensure chemical-related security |
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6 | Efficient and effective systems for chemical information |
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New and amended articles of the law
The draft proposes the amendment or addition of the following articles of the Law on Chemicals.
Article | Description of the article | Note |
---|---|---|
Article 4 | Word definitions | Amendment |
Article 10 | Requirements for chemical manufacturing and chemical trade projects | Amendment |
Article 10 a | Rules regarding strategies for the chemical industry | Addition |
Article 10 b | Policies to encourage investment in chemical projects | Addition |
Article 10 c | Rules for investment in the chemical industry regarding design consulting | Addition |
Article 10 d | Rules for chemical project management | Addition |
Article 14 | Requirements for the production and trade of chemicals subject to special conditions | Amendment |
Article 15 | Requirements for the production and trade of restricted chemicals | Amendment |
Article 18 | Rules for the cancellation of qualification certifications and licenses | Amendment |
Article 19 | Rules for banned chemicals | Amendment |
Article 20 | Rules for hazardous chemical transportation | Amendment |
Article 21 | Rules for hazardous chemical storage | Amendment |
Article 22 | Rules for safety distances | Amendment |
Article 31 a | Rules for hazardous chemical use | Addition |
Article 31 b | Rules for chemicals contained in products | Addition |
Article 36 | Rules for chemical accident prevention and response | Amendment |
Article 43 | Rules for the notification of chemicals | Amendment |
Article 47 | Rules for providing information on toxic and hazardous chemicals | Amendment |
Article 50 | Rules for the protection of confidential information on chemicals | Amendment |
Article 55 | Rules for the national chemical inventory and national chemical database | Amendment |
Article 63 | National management responsibilities of the Ministry of Industry and Trade and government bodies equivalent to ministries that are directly relevant to chemicals | Amendment |
Article 67 | Rules for dealing with violations | Amendment |
NOTE:
On December 13, 2022, Vietnamese Ministry of Industry and Trade (MOIT) published a result report of the public consultation on the draft. See more details in the following:
Vietnam reveals comments from ministries on draft revision of Law on Chemicals