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Vietnam Chemicals Act

Posted Date:2021/11/19

On October 9, 2017, the Vietnamese government promulgated the Chemicals Decree No. 113/2017/ND-CP, which stipulates the guidelines for the implementation of certain chemical articles. It replaces Decree No. 108/2008/ND-CP promulgated in 2008 and will take effect on November 25, 2017. The decree has specified a list of chemicals controlled by chemical management and specific conditions for chemical manufacturers and traders. In this article, we will summarize the main requirements of the law and how to comply with this law.

Decree No. 113/2017/ND-CP stipulates the following requirements for companies that produce or trade chemicals in Vietnam:

1. General requirements for chemical production and trade safety.

2. Requirements for chemicals subject to conditional production or trade: the application and procedures for the qualification certificate for the production or trading of conditional industrial chemicals.

3. Requirements for industrial manufacturing of toxic chemicals; application and procedures for export/import licenses of industrial chemicals.

4. Requirements for restricted industrial chemicals: requirements, applications and procedures for restricted industrial chemicals production/trade licenses.

5. Requirements for banned chemicals and toxic chemicals.

6. Requirements for chemicals that require chemical accident prevention and response plans.

7. The safe distance of hazardous chemical factories/shops.

8. Chemical classification and safety data sheet.

9. The requirements of the chemicals required to be declared.

10. Chemical safety training courses.

Decree No. 113/2017/ND-CP has designated 5 lists of chemicals subject to regulatory control and specific manufacturing or trading conditions. The most important thing for a chemical company is to check whether the chemical complies with the following regulatory list. If so, the company needs to abide by the law and meet the prescribed conditions (ie apply for a certificate or permit, statement).

However, controlled chemicals include not only substances, but also some hazardous mixtures. For example, conditionally produced/imported chemicals, including chemical substances in Annex I and mixtures containing chemical substances listed in Annex I and Annex II, will be classified into the following GHS classifications:

Class 1 / Class 2 / Class 3 or Class A / B / C / D hazardous substances;

Acute toxicity of category 2 and category 3 (through variable exposure);

Serious eye damage/eye irritation of Category 1 / Category 2 / Category 2A;

Class 1 and Class 2 skin corrosion/irritation;

Class 2 carcinogenicity, germ cell mutagenicity or reproductive toxicity;

Category 1 environmental hazard.