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Vietnam

Vietnam Chemicals Law

By Little Pro on 2016-01-05 Views:  Update:2017-01-18

In Vietnam, the main chemical law is the Chemical Law issued in Nov 2007. It is supported by various decree and ministerial circular such as.

  • Decree 108/2008/ND-CP Detailed regulation and guideline of implementation of several articles in Chemical Law;
  • Circular No. 40/2011/TT-BCT of November 14, 2011, on Chemical declaration;
  • Circular no. 04/2012/TT-BCT stipulating the regulations on classification and chemical labeling;

The Ministry of Industry and Trade is leading chemical management in Vietnam. A dedicated agency Vietnam Chemicals Agency (Vinachemia) was established by MIT in 2009 to overhaul the chemical management in Vietnam.

The Chemical Law provides regulations on chemical handling, safety in chemical handling, right and obligations of organizations and individuals engaged in chemical handling, and state management of chemical handling.

Decree 108/2008/ND-CP has designated lists of chemicals subject to regulatory control under the Chemical Law and specified detailed conditions on chemical manufacturers and traders.

List of Regulated Chemicals in Vietnam

  • The list of chemicals subject to conditional production or import (1);
  • The list of chemicals restricted from production or trade (2);
  • The list of banned chemicals;
  • The list of hazardous chemicals for which chemical incident prevention and response plans are required;
  • The list of chemicals subject to compulsory declarations;

For chemicals on list 1, businesses are required to meet prescribed criteria or standards and obtain business licenses to operate(if needed) depending on their industry sectors. (i.e. dedicated safety management personnel for industrial sector, or HACCP standards for food industry) .

For chemicals on list 2, businesses are required to meet prescribed criteria or standards for list 1 and comply with restriction conditions set by different ministries.

Download above lists of chemicals and prescribed criteria.

Chemicals Subject to Compulsory Declaration

Importers of chemicals on the list of chemicals subject to declaration must declare the chemicals in hard copy or electronically to the Vietnam Chemicals Agency and obtain declaration certificates first. Producers must make written declarations to provioncial/munical Industry and Trade Services before 31 Jan each year.

Information to be provided includes chemical identity, a chemical safety data sheet in Vietnamese and in original language(for imported chemicals), chemical sale and purchase invoices and other documents. A fee needs to be paid.

Chemicals produced or imported with a volume less than 100kg/y are exempt from declaration provided that they are not restricted from production/trade and not subject to the control of international conventions.

Vietnam National Chemical Inventory and New Chemical Substance Registration

The Ministry of Industry and Trade has designated Vinachemia to develop a new national chemical inventory. Any substances not listed on the inventory will be regarded as new substances and require registration before they can be used in Vietnam, imported to Vietnam or produced in Vietnam. The first version of draft chemical inventory only contains about 3,000 substances and was published in Oct 2016 for consulations. 

Read more about Vietnam national chemical inventory

GHS in Vietnam

Vietnam has already implemented GHS through the Chemical Law, Decree 108/2008/ND-CP and Circular no. 04/2012/TT-BCT. GHS SDSs and labels are required for hazardous substances from 30 March 2014.

Read more about Vietnam GHS.

Reference & Resources

Click here to access all references and resources for Vietnam including the English translation of regulations, regulatory lists and useful links to the websites of competent authorities.

 

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