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Chemical Regulatory Management in Southeast Asian Countries

Posted Date:2021/12/22

The “Belt and Road” Southeast Asian countries involve 19 countries. Over the years, countries have successively formulated various chemical GHS regulations to manage chemicals. Here is a brief introduction to the GHS chemical regulations of the Philippines, Thailand, and Vietnam.

Philippines:

On February 28, 2014, the Philippine Department of Labor and Employment (DOLE) issued Ministry Order No. 136-14 "Guiding Principles for the Implementation of the Globally Harmonized Classification and Labeling System (GHS) of Chemicals in Workplace Chemical Safety Projects." According to the guiding principle, the new compliance buffer period for GHS requirements in the workplace in the Philippines is about to expire. By then, companies involved in the production, use, and storage of industrial chemicals need to make chemical labels and prepare SDSs in accordance with the new requirements.

Hazard Classificationand Communication System of Hazardous Substances B.E. 2555（2012）

Hazardous SubstanceAct, B.E. 2535 (1992) (As amended until No.3 act, B.E. 2551 (2008))

List of hazardous substances B.E. 2556 (2013)

List of hazardous substances (No.2) B.E. 2558(2015)

Thailand:

Thailand’s GHS law rules are directly based on the third revision of the United Nations GHS. The effective date is March 13, 2012 (recommended transition period: 1 year for substances under the Hazardous Substances Law, 5 years for mixtures and products), requiring all mixture products to be classified according to GHS and make SDS and labels from March 2017.

Relevant regulation:

Hazard Classification and Communication System of Hazardous Substances B.E. 2555 (2012)

Hazardous SubstanceAct, B.E. 2535 (1992) (As amended until No. 3 act, B.E. 2551 (2008))

List of hazardous substances B.E. 2556 (2013)

List of hazardous substances (No. 2) B.E. 2558(2015)

Vietnam:

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 to be 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: application and procedures for the qualification certificate for production or trading of conditional industrial chemicals.

3. Requirements for industrial manufacturing of toxic chemicals; application and procedures for the export/import license 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 specified 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 yes, the company needs to abide by the law and meet the prescribed conditions (ie apply for a certificate or permit, statement)