By Little Pro on 2017-10-30 Views: Update:2017-11-10
On 9 Oct 2017, Vietnamese government issued a chemicals Decree No. 113/2017/ND-CP specifying and providing guidelines for implementation of certain articles of the law on chemicals. It replaces the Decree No. 108/2008/ND-CP issued in 2008 and will come into force on 25 Nov 2017. The Decree has designated lists of chemicals subject to regulatory control under the Chemical Law and specified detailed conditions on chemical manufacturers and traders. In this article, we will summarize the main requirements of the Decree and how to comply with this Decree.
Decree No. 113/2017/ND-CP is one of many decrees and circulars supporting the implementation of the Law on Chemicals and also the most important one for industrial chemicals. The Law on Chemicals is the highest law on chemical management in Vietnam. This 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.
This Decree sets the following requirements for companies who produce or trade chemicals in Vietnam:
Decree No. 113/2017/ND-CP has designated 5 lists of chemicals subject to regulatory control and specified detailed conditions for manufacture or trade. The most important thing for chemical companies is to check if their chemicals are on the following regulatory lists or not. If yes, companies need to follow the Decree and meet prescribed conditions (i.e, application of certificates or licenses, declarations).
The lists of regulated chemicals are included in Decree No. 113/2017/ND-CP as annexes:
It should be noted that chemicals on above lists are mostly substances. However, regulated chemicals not only include substances, but also include some hazardous mixtures. For example, chemicals subject to conditional production/import include both chemical substances on annex I and mixtures containing chemical substances specified in annex I and annex II that will be classified with the following GHS classifications :
For chemical substances on the list of chemicals subject to compulsory declaration (annex V) and classified mixtures containing substances on annex V, producers shall declare them every year through the annual reports. Chemical importers shall declare imported chemicals before customs clearance through the national single-window website. Required info includes chemical info, sale and purchase invoices of chemicals and safety data sheets in Vietnamese.
The new decree allows chemical traders to keep confidential of business secret info such chemical names and composition. However, important information that can be used for the protection of community health and the environment will not be considered confidential, including product trade names, names of producers and importers, information in chemical safety data sheets, cautions for use and direct contact with chemicals and measures to be taken in response to possible incidents.
Article 24 of Decree No. 113/2017/ND-CP requires that chemicals be classified according to rules and technical guidance of GHS from Rev. 2 (2007). It also requires that safety data sheets be prepared in Vietnamese.