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NATIONAL ASSEMBLY OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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Law No. 69/2025/QH15 |
Hanoi, June 14, 2025 |
LAW
ON CHEMICALS
Pursuant to Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Chemicals.
GENERAL PROVISIONS
This Law prescribes chemicals, management of general chemical processes; development of chemical industry; chemical information; dangerous chemicals in products and goods; safety and security in general chemical processes.
In this Law, the terms below are construed as follows:
1. A chemical means a substance or a mixture that exists naturally or is produced, manufactured by humans.
2. A substance means a single substance or a compound or impurities that are created in production process; necessary additives supplementing physical and chemical properties; excluding solvents of which properties are not changed after separation.
3. A mixture means a combination of two or more substances which do not chemically react to one another in normal conditions.
4. A dangerous chemical means a chemical that causes harm to humans, facilities, property, the environment and possesses any of the dangerous properties compliant with classification rules mandated by heads of agencies assisting the Government in central state management in terms of chemicals (hereinafter referred to as “heads of central chemical authorities”).
5. A toxic substance means a chemical that can cause death, temporary incapacitation, or permanent damage to humans via chemical means in accordance with specific criteria set forth by the Government.
6. Products and goods containing dangerous chemicals mean products and goods that, when used in reasonable conditions and for intended purposes, may potentially cause harm to humans, facilities, property, and/or the environment due to chemical components therein.
7. A basic chemical (or commodity chemical) means a chemical used as ingredient, material, additive, or solvent in production of other chemical or other production processes of economic sectors.
8. A petrochemical product means a product of oil refinery, processing of petroleum, natural gases, petroleum gas, or fossil coal or products created through chemical reactions the fuel of which are products of oil refinery, processing of petroleum, natural gases, petroleum gas, fossil coal. Petrochemical products do not include products used as fuel or to generate energy.
9. A pharmaceutical chemical product means a chemical used as a medicinal ingredient and an ingredient of dietary supplement created via chemical process, extraction of natural compounds, biological processes.
10. A rubber product includes synthetic rubber; products manufactured from natural rubber, synthetic rubber with specific technical requirements pertaining to mould and functionalities.
11. A chemical project means a construction project established and executed for the primary goals of producing, storing chemicals and products of the chemical industry.
12. A chemical facility means a location in which chemical production, chemical trading, chemical storage, chemical use, and/or chemical waste treatment takes place.
13. A chemical structure mean a single or multiple structures, technology sequences for production, storage of chemicals and products of chemical industry.
14. A chemical structure complex means a combination of multiple chemical structures or structures in which activities utilizing chemicals take place, that fall under the same projects or different projects, and that are connected in terms of technologies, ingredients, materials, products.
15. A chemical industrial park means an industrial park that accommodates production and services for chemical projects, chemical structures; has agricultural land area satisfactory to minimum percentage in accordance with regulations of the Government to attract chemical projects, chemical structures, and projects utilizing products of chemical industry produced in industrial parks as ingredients, solvents, catalysts for production.
16. A general chemical process includes chemical research, chemical experiment, chemical production, chemical trading, chemical transportation, chemical storage, chemical usage, chemical waste treatment, chemical destruction, chemical disposal.
17. Chemical production means to create chemicals through chemical means, biological technology sequences, mixing, isolation, condensation, concentration, extraction of chemicals; chemical manufacturing; chemical transfer. Chemical production does not include unintended chemical discharge.
18. Chemical trading includes purchase, sale, exchange, lease, export, import of chemicals in order to supply on the market for profit.
19. Chemical use means to create other products and goods via the use of chemicals; provide services; serve national defense, security, medical field, science, technology, or other appropriate purposes.
20. Chemical storage service means a service that involves leasing of chemical storage facilities to other organizations and individuals.
21. Chemical industry database means a combination of data pertaining to chemicals; general chemical processes; chemical industry; dangerous chemicals in goods and products; safety and security in general chemical processes.
22. Chemical safety means adoption of regulations and solutions for preventing negative impact on humans, facilities, property, and the environment during general chemical processes.
23. Chemical security means the adoption of regulations and solutions for preventing unlawful possession and use of chemicals and chemistry equipment in order to maintain stability and safety, eliminate danger and threat to existence and development of organizations, individuals, and society.
24. A chemical incident means a situation where a chemical is ignited, exploded, leaked, or distributed thereby causing harm or potentially causing harm to humans, property, environment.
1. Appropriating chemicals; unlawfully producing, trading, transporting, storing, using, purchasing, exchanging, gifting, depositing, borrowing, lending, renting, leasing, pledging chemicals.
2. Appropriating, purchasing, selling, exchanging, gifting, borrowing, lending, renting, leasing, pledging, fabricating, altering license, certificates, or certification pertaining to chemicals.
3. Failing to provide accurate information pertaining to dangerous properties of chemicals; products, goods containing dangerous chemicals; loss or degradation of dangerous substances; chemical incidents in an adequate and timely manner.
4. Using chemicals of unidentified origin, chemicals prohibited from use in production, trade, food preservation, as medicine, ingredients of medicine, cosmetics, husbandry feed, aquaculture feed, veterinary drugs, plant protection drugs, fertilizers, household chemical products.
5. Manufacturing, importing products and goods in which contents of dangerous goods are not compliant with this Law thereby severely affecting humans, facilities, property, environment.
6. Abusing power, authority, or profession to violate chemical management laws.
7. Manufacturing, trading, using chemicals in a manner that severely affects humans, facilities, property, environment; violates national security, chemical security, social order and safety; lawful rights and benefits of agencies, organizations, and individuals.
DEVELOPMENT OF CHEMICAL INDUSTRY
Article 4. Strategies for development of chemical industry
1. Approved strategies for development of chemical industry shall serve as the basis for devising development direction of regionally advantageous industries and schemes for developing, arranging, selecting, distributing development resources in regional territory within regional planning; devising development direction of provincial advantageous industries, selecting arrangement of socio-economic activities, and devising development plans for economic sectors, industrial parks, export processing zones, hi-tech zones in provincial territory within provincial planning; deciding investment guidelines or approving investment guidelines of chemical projects.
2. Strategies for development of chemical industry shall:
a) conform to policies of the Government pertaining to general chemical processes, regulations under this Law, and other relevant law provisions; and
b) conform to socio-economic development strategy and national general planning; and
c) assure national defense, security, environmental protection, and sustainable development.
3. Strategies for development of chemical industry shall primarily consist of:
a) Principles, objectives, direction of chemical industry development and priority fields for development from time to time;
b) Direction for establishment of industrial parks specializing in chemical industry, conforming to natural conditions, socio-economic conditions of local administrative divisions, and satisfying chemical safety requirements;
c) Tasks and solutions for implementing principles, targets, and direction of chemical industry development.
4. Strategies for development of chemical industry shall be prepared for a 10-year period and 30-year vision and approved, amended by the Prime Minister.
5. The Government shall elaborate this Article.
1. Investment in chemical projects, construction of chemical structures shall conform to this Law, the Law on Investment, the Law on Public Investment, the Construction Law, and other relevant law provisions.
2. Project developers of chemical projects have the obligations to:
a) comply with Clause 1 of this Article;
b) choose, adopt technologies that meet safety, environment, resource efficiency requirements, reduce the use of dangerous chemicals, and minimize chemical wastes;
c) develop and implement Plans for prevention and response to chemical incidents or Solutions for preventing, responding to chemical incidents in accordance with Section 2 Chapter VI hereof;
d) adopt principles in designing, choosing technology, equipment, sequences of chemical production, use, and discharge in order to minimize or eliminate the use and creation of dangerous chemicals (hereinafter referred to as “green chemistry principles”).
3. In respect of chemical projects regulated by technical regulations on separation distance under Clause 2 Article 35 hereof, competent authorities shall assess conformity of chemical project location in relation to regulations on separation distance in the process of deciding investment guidelines or approving investment guidelines.
4. Construction feasibility study, economic-technical investment report of chemical projects shall conform to the Construction Law and consist of:
a) Compliance with technical regulations and regulations pertaining to chemical safety;
b) Green chemistry principles adopted during design and selection of technologies and equipment.
5. The Government shall elaborate Point d Clause 2, Clause 3, and Clause 4 of this Article.
Article 6. Primary fields in chemical industry
1. Primary fields in chemical industry include:
a) Production of primary chemical industry products, including: basic chemical products according to Clause 2 of this Article; petrochemical products; pharmaceutical chemical products; rubber products, other than tyres; high-nutrient fertilizers; hydrogen and ammonia produced by renewable energy;
b) Investment in industrial parks specializing in chemical industry;
c) Investment in chemical structure complexes primarily for producing chemicals and products of chemical products;
d) Investment in chemical projects eligible for special investment incentives and assistance in accordance with the Law on Investment.
2. The Government shall prescribe list of basic chemicals in primary fields of chemical industry on the basis of the follow criteria:
a) Basic chemicals are used in multiple domestic sectors and fields but are not domestically produced in a satisfactory manner;
b) Basic chemical products are produced via mineral processing.
3. Investment projects that fall under any of the cases detailed in Point a, Point b, and Point c Clause 1 of this Article and of which investment, disbursement schedule conform to regulations of the Government shall be eligible for special investment incentives and assistance in accordance with the Law on Investment and other relevant law provision.
Article 7. Chemical industry consulting
Chemical industry consulting that falls under list of conditional lines of business includes:
1. Consulting construction of chemical projects: development of construction design, inspection of construction design, supervision of construction process, supervision of equipment installation, project management, construction valuation;
2. Consulting technology and equipment selection for chemical projects;
3. Consulting chemical safety and security, including: Plans for chemical incident prevention and response, Solutions for chemical incident prevention and response; chemical incident response drills; chemical-related safety training; chemical classification and labeling; safety data sheet preparation; new chemical registration.
Article 8. Eligibility for chemical industry consulting
1. Organizations providing chemical industry consulting service under Clause 1 Article 7 hereof shall be required to satisfy requirements below:
a) The organizations are established in a law-compliant manner;
b) The organizations are entitled to construction operations in accordance with construction laws;
c) The organizations employ at least 1 person to provide consulting services who: is in possession of a bachelor’s degree or equivalent or higher in chemistry; and has appropriate working experience in fields related to chemical industry consulting.
2. Organizations providing chemical industry consulting services under Clause 2, Clause 3 Article 7 hereof shall be required to satisfy requirements below:
a) The organizations are established in a law-compliant manner;
b) The organizations employ consultant team that satisfies requirements under Clause 3 of this Article in adequate quantities;
c) The organizations are in possession of necessary technical equipment and means to satisfy requirements of consulting operations.
3. Individuals providing chemical industry consulting services under Clause 2 and Clause 3 Article 7 hereof shall be required to be in possession of certificate of eligibility for chemical industry consulting. In order to obtain certificate of eligibility for chemical industry consulting issued by competent authorities under Clause 5 of this Article, individuals must:
a) be in possession of bachelor’s degree or equivalent or higher in chemistry;
b) have appropriate working experience in fields related to chemical industry consulting services.
4. Certificate of eligibility for chemical industry consulting shall remain effective for 5 years from the date of issue.
5. The Government shall elaborate Clause 1, Clause 2, and Clause 3 of this Article; prescribe contents of certificate of eligibility for chemical industry consulting; prescribe procedures and entitlement to issuance, re-issuance, amendment, and revocation of certificate of eligibility for chemical industry consulting.
MANAGEMENT OF GENERAL CHEMICAL PROCESSES
Article 9. Scope and requirements for conditional chemicals, chemicals requiring special control, and restricted chemicals
1. Scope and requirements for conditional chemicals:
a) Conditional chemicals include dangerous substances and mixtures under list of conditional production and trade chemicals promulgated by the Government;
b) General chemical processes that involve conditional chemicals shall comply with regulations on safety and environmental protection under this law and other relevant law provisions.
2. Scope and requirements for chemicals requiring special control:
a) Chemicals requiring special control consist of dangerous substances and mixture under list of chemicals requiring special control promulgated by the Government, including: chemicals under control for implementation of international treaties regarding chemicals to which the Socialist Republic of Vietnam is a signatory; chemicals that potentially cause harm to national defense, security, social safety, humans, facilities, property, or the environment;
b) General chemical processes that involve chemicals requiring special control shall conform to regulations on safety and environmental protection under this Law and other relevant law provisions; shall involve field, type, scale, and period compliant with production and trade license; shall be subject to control pertaining to purposes of use;
c) Organizations and individuals producing, trading, storing, transporting, using chemicals requiring special control shall have the obligation to strictly control quantities; prevent chemical loss and chemical incidents; comply with international treaties concerning chemicals to which the Socialist Republic of Vietnam is a signatory.
3. Scope and requirements for restricted chemicals:
a) Restricted chemicals are dangerous chemicals under list of restricted chemicals and minerals in accordance with the Law on Investment;
b) Organizations and individuals shall be prohibited from conducting general chemical processes that involve restricted chemicals except for cases detailed under Point c of this Clause;
c) Organizations shall be permitted to produce, import, use, transport, store restricted chemicals for purposes detailed under the Law on Investment, the Law on Foreign Trade Management, and other relevant laws; shall be permitted to export restricted chemicals for cases detailed under Point a Clause 5 Article 12 hereof;
d) Organizations producing, importing, using, storing restricted chemicals shall be required to keep logbooks in accordance with regulations of ministries, ministerial agencies; shall closely manage chemical quantities and prevent chemical losses and chemical incidents;
dd) Organizations and individuals shall not be allowed to implement temporary import, temporary export, transit of restricted chemicals.
Article 10. Chemical production
1. Organizations producing chemicals shall be required to satisfy requirements below:
a) The organizations are established in a law-compliant manner;
b) The organizations are in possession of legal documents, safety documents, facilities, technical facilities, and qualifications satisfactory to chemical production;
c) The organizations satisfy Article 33 and Article 35 hereof;
d) Organizations producing conditional chemicals, chemicals requiring special control, or restricted chemicals are in possession of certificate of eligibility for production of conditional chemicals, license to produce chemicals requiring special control, license to produce restricted chemicals in accordance with Clauses 2, 3, and 4 of this Article.
2. Certificate of eligibility for production of conditional chemicals shall be issued by provincial People’s Committees once producing organizations satisfy requirements under Clause 1 of this Article and requirements under Point b Clause 1 Article 9 hereof are met.
Certificate of eligibility for production of conditional chemicals shall remain effective for 5 years from the date of issue. Provincial People’s Committees shall re-issue, amend, revoke certificate of eligibility for production of conditional chemicals.
3. License to produce chemicals requiring special control shall be issued by ministries and ministerial agencies once producing organizations satisfy requirements under Clause 1 of this Article and requirements under Point b, Point c Clause 2 Article 9 hereof are met.
License to produce chemicals requiring special control shall remain effective for 5 years from the date of issue. Ministries and ministerial agencies shall issue, amend, and revoke license to produce chemicals requiring special control.
4. License to produce restricted chemicals shall be issued by competent authorities and competent persons for cases detailed under Point c Clause 3 Article 9 hereof once producing organizations satisfy requirements under Clause 1 of this Article and requirements under Point d Clause 3 Article 9 hereof are met.
License to produce restricted chemicals shall remain effective for 12 months from the date of issue.
5. The Government shall elaborate this Article; prescribe revocation of license to produce restricted chemicals.
1. Organizations trading chemicals shall be required to satisfy requirements below:
a) The organizations are established in a law-compliant manner;
b) The organizations are in possession of legal documents, safety documents, facilities, technical facilities, and qualifications satisfactory to chemical trade;
c) The organizations satisfy requirements under Article 33 hereof;
d) Organizations trading conditional chemicals and chemicals requiring special control shall be required to be in possession of certificate of eligibility for trade of conditional chemicals, license to trade chemicals requiring special control in accordance with Clause 2 and Clause 3 of this Article.
2. Certificate of eligibility for trade of conditional chemicals shall be issued by provincial People’s Committees once producing organizations satisfy requirements under Clause 1 of this Article and requirements under Point b Clause 1 Article 9 hereof are met.
Certificate of eligibility for trade of conditional chemicals shall remain effective for 5 years from the date of issue. Provincial People’s Committees shall re-issue, amend, revoke certificate of eligibility for trade of conditional chemicals.
3. License to trade chemicals requiring special control shall be issued by ministries and ministerial agencies once producing organizations satisfy requirements under Clause 1 of this Article and requirements under Point b, Point c Clause 2 Article 9 hereof are met.
License to trade chemicals requiring special control shall remain effective for 5 years from the date of issue. Ministries and ministerial agencies shall issue, amend, and revoke license to trade chemicals requiring special control.
4. Organizations and individuals purchasing, selling chemicals requiring special control shall prepare trading record of chemicals requiring special control in accordance with Article 17 hereof and undergo data authentication in accordance with roadmap prescribed by the Government.
5. The Government shall elaborate this Article.
Article 12. Export, import, temporary export, temporary import, transit, and other activities related to international trade of goods in case of chemicals
1. Export, import, temporary export, temporary import, transit, and other activities related to international trade of goods in case of chemicals shall conform to this Law, the Law on Foreign Trade Management, and other relevant law provisions.
2. Export and import of conditional chemicals shall be permitted when:
a) Organizations that produce chemicals have the right to export chemicals that they produce in accordance with certificate of eligibility for production of conditional chemicals;
b) Organizations trading conditional chemicals may export and import chemicals in accordance with certificate of eligibility for trade of conditional chemicals for business purposes;
c) Organizations and individuals using chemicals may import conditional chemicals for their own use.
3. Import and export of chemicals requiring special control shall be permitted when:
a) Organizations that produce chemicals requiring special control may export chemicals that they produce in accordance with license to produce chemicals requiring special control and license to export chemicals requiring special control;
b) Organizations that trade chemicals requiring special control may export, import chemicals in accordance with license to trade chemicals requiring special control and license to export chemicals requiring special control, license to import chemicals requiring special control for business purposes;
c) Organizations and individuals that use chemicals requiring special control and have declared type of chemical used and use purposes on chemical industry database may import chemicals requiring special control in accordance with license to import chemicals requiring special control for their own use.
4. License to export chemicals requiring special control, license to import chemicals requiring special control:
a) Competent authorities have the responsibility to issue, re-issue, amend, renew, revoke license to export chemicals requiring special control and license to import chemicals requiring special control;
b) License to export chemicals requiring special control and license to import chemicals requiring special control shall be issued to individual import and export invoice and remain effective for 6 months since the date of issue;
c) License to export chemicals requiring special control, license to import chemicals requiring special control shall be renewed if import or export has not been completed within the effective period of the license. Each license shall only be eligible for renewal once for a maximum of 6 months from the date of renewal.
5. Export and import of restricted chemicals:
a) Export of restricted chemicals shall only be implemented where organizations importing restricted chemicals do not use all restricted chemicals within the time limit specified in the license to import restricted chemicals and regulations under Clause 1 of this Article and international treaties to which Vietnam is a signatory are adhered to.
Where importing organizations do not export, the importing organizations shall then destroy the restricted chemicals in accordance with this Law, environmental protection laws, occupational safety laws, and other relevant law provisions.
Organizations importing restricted chemicals have the obligations to inform authorities that issue license to import restricted chemicals in order export or destroy the restricted chemicals after obtaining approval from competent authorities;
b) Import of restricted chemicals shall conform to license to import restricted chemicals issued by competent authorities;
c) Importing organizations shall only import restricted chemicals in accordance with license to import restricted chemicals for purposes detailed under the Law on Investment, the Law on Foreign Trade Management, and other relevant law provisions. Import of restricted chemicals shall satisfy requirements below: adequate legal documents are available, facilities and technical infrastructures are prepared, qualifications are satisfactory for storage, transportation, and use of restricted chemicals;
d) Organizations importing restricted chemicals have the responsibility to adhere to regulations pertaining to use of restricted chemicals under Point d Clause 3 Article 9 and Clause 3 Article 15 hereof;
dd) License to import restricted chemicals shall be issued to individual import shipment and remain effective for 6 months from the date of issue.
6. Organizations and individuals importing chemicals shall declare imported chemicals unless:
a) Organizations and individuals that import chemicals requiring special control are not required to declare imported chemicals;
b) Organizations that import restricted chemicals are not required to declare imported chemicals;
c) Other exemptions compliant with regulations of the Government apply.
7. The Government shall elaborate this Article.
Article 13. Chemical transportation
1. In case of incidents during chemical transportation, vehicle operators, cargo owners, vehicle owners have the responsibility to immediately adopt necessary measures to minimize damage, rectify incidents, and pay damages.
2. Organizations and individuals transporting dangerous chemicals shall conform to regulations on transportation of dangerous goods under road laws, road traffic, inland waterway traffic, railway traffic, aviation, maritime traffic order and safety laws; requirements under Clause 1 of this Article, Article 33, Point c Clause 1 Article 38 hereof, and other relevant law provisions. In case of incident, organizations and individuals transporting dangerous chemicals shall immediately inform the nearest People’s Committees and civil defense commands.
3. Transportation of chemicals requiring special control shall conform to Clause 1 and Clause 2 of this Article, Point b and point c Clause 2 Article 9 hereof.
4. Transportation of restricted chemicals shall conform to Clause 1, Clause 2 of this Article and Point c Clause 3 Article 9 hereof. Individuals transporting restricted chemicals have the obligation to:
a) inspect chemical safety and security before transport vehicles start and whenever transport vehicles stop or park;
b) comply with procedures for delivery of goods and documents relating to restricted chemicals;
c) refrain from stopping and parking restricted chemical transport vehicles in crowded areas, residential areas, petrol stations, in vicinity of national defense, security, economic, cultural, diplomatic structures. Where restricted chemical transport vehicles must be stopped or parked overnight or due to incidents, the nearest military authorities and police authorities must be informed of the situation.
1. Organizations and individuals storing chemicals have the obligation to:
a) comply with Articles 33, 35, 36, 37, 38, 39, 40, and 41 hereof;
b) install necessary warning at storage location of dangerous chemicals, regulations pertaining to chemical safety, signaling systems appropriate to danger level of chemicals present at storage locations. Where chemicals involve different dangerous properties, installed warnings shall also fully depict said dangerous properties;
c) prepare equipment and instruments for incident preparedness appropriate to dangerous properties of relevant chemicals.
2. Storage of conditional chemicals:
a) Storage of conditional chemicals shall conform to Clause 1 of this Article and Point b Clause 1 Article 9 hereof;
b) Organizations and individuals shall be in possession of storage units for storing conditional chemicals or using chemical storage services provided by service providers to which certificate of eligibility for provision of chemical storage services in accordance with Clause 5 of this Article.
3. Storage of chemicals requiring special control:
a) Storage of chemicals requiring special control shall conform to Clause 1 of this Article, Point b, Point c Clause 2 Article 9 hereof;
b) Chemicals requiring special control shall be managed and stored in a manner that ensures safety, prevents and minimizes losses, damage;
c) Organizations and individuals shall be in possession of storage units for storing chemicals requiring special control or using chemical storage services provided by service providers to which certificate of eligibility for provision of chemical storage services in accordance with Clause 5 of this Article.
4. Storage of restricted chemicals:
a) Storage of restricted chemicals shall conform to Clause 1 of this Article and Point c Clause 3 Article 9 hereof;
b) Restricted chemicals shall be managed and stored in a manner that ensures safety, prevents and minimizes losses, damage;
c) Restricted chemicals shall be kept at separate storage units or in separate areas of storage facilities;
d) Organizations storing restricted chemicals shall keep logbooks in accordance with Point d Clause 3 Article 9 hereof.
5. Organizations providing chemical storage services for chemicals requiring special control and conditional chemicals shall be issued certificate of eligibility for provision of chemical storage service when they:
a) satisfy requirements under Clause 1 of this Article, Point b Clause 1, Point b and Point c Clause 2 Article 9 hereof; or
b) are in possession of adequate legal documents, safety documents, technical facilities, qualifications satisfactory to storage services.
6. Certificate of eligibility for provision of chemical storage service shall remain effective for 5 years from the date of issue.
7. The Government shall elaborate Point b and Point c Clause 1 of this Article; prescribe contents of certificate of eligibility for provision of chemical storage service; prescribe conditions, procedures, entitlement to issuance, re-issuance, amendment, and revocation of certificate of eligibility for provision of chemical storage services.
1. Organizations and individuals using chemicals shall ensure security, order, fire prevention and firefighting, food safety, environmental protection requirements and comply with safety regulations in chemical use under Article 33 hereof.
2. Use of chemicals requiring special control:
a) Use of chemicals requiring special control shall conform to Clause 1 and Clause 4 of this Article, Point b and point c Clause 2 Article 9 hereof;
b) Organizations and individuals using chemicals requiring special control have the obligations to declare the type of chemicals used and use purposes on chemical industry database before using the chemicals for the first time or before changing use purposes.
3. Use of restricted chemicals:
a) Organizations using restricted chemicals shall be established in a law-compliant manner; conduct special activities that involve the use of restricted chemicals for purposes detailed under the Law on Investment, the Law on Foreign Trade Management, and other relevant laws;
b) Organizations using restricted chemicals shall conform to Clause 1 of this Article and Point d Clause 3 Article 9 hereof.
4. For management purposes, ministers and heads of ministerial agencies shall prescribe chemicals not allowed for use within their field.
5. The Government shall elaborate Point b Clause 2 of this Article.
Article 16. Treatment of waste produced by general chemical processes
1. Organizations and individuals conducting general chemical processes shall process waste, packages, and containers of chemicals discharged via general chemical processes and other items related to usage that contain toxic, combustible, corrosive, contaminating, polluting properties or other properties in accordance with this Law, environmental protection laws, occupational safety laws, and other relevant law provisions.
2. Organizations and individuals processing industrial waste produced by general chemical processes shall conform to Clause 1 of this Article and Article 33 hereof.
Article 17. Control of purchase and sale of chemicals requiring special control
1. Organizations trading chemicals under list of chemicals requiring special control shall prepare trading record of chemicals requiring special control for each delivery.
2. Organizations trading chemicals under list of chemicals requiring special controls shall only sell chemicals requiring special control to:
a) Organizations in possession of license to trade chemicals requiring special control;
b) Organizations and individuals using chemicals requiring special control have declared type of chemicals used and use purposes on chemical industry database.
3. Heads of central chemical authorities shall prescribe form, time limit, methods, and roadmap for preparation of trading record of chemicals requiring special control on chemical industry database.
Article 18. Exemption from certificate of eligibility for production, trade of conditional chemicals; license to produce, trade, export, import chemicals requiring special control; license to produce, import restricted chemicals; certificate of eligibility for provision of chemical storage services
1. Cases where certificate of eligibility for production, trade of conditional chemicals; license to produce, trade, export, import chemicals requiring special control; license to produce, import restricted chemicals; certificate of eligibility for provision of chemical storage services is exempted include:
a) Mixtures contain substances under lists promulgated by the Government in accordance with Point a Clause 1, Point a Clause 2 Article 9 hereof classified as low risk;
b) Chemicals are transferred or mixed to serve internal production of organizations that transfer, mix the chemicals;
c) Other exemptions compliant with regulations of the Government apply.
2. The Government shall elaborate Clause 1 of this Article.
Article 19. Revocation of certificate of eligibility for production, trade of conditional chemicals; license to produce, trade, export, import chemicals requiring special control; license to produce, import restricted chemicals; certificate of eligibility for provision of chemical storage services
1. Certificate of eligibility for production, trade of conditional chemicals; license to produce, trade, export, import chemicals requiring special control; license to produce, import restricted chemicals; certificate of eligibility for provision of chemical storage services shall be revoked when:
a) License, certificate holders voluntarily terminate general chemical processes and submit revocation request to issuing authorities;
b) Certificate of business registration, certificate of household business registration or documents of equivalent legitimacy is revoked or license, certificate holders are dissolved or bankrupt as per the law; individual license, certificate holders are deceased or declared to be deceased by the court;
c) Application for issuance, re-issuance, amendment of license or certificate contains falsified information or fabricated documents;
d) License or certificate is issued in a manner that does not respect entitlement, recipient, or content requirements of the law;
dd) License or certificate is purchased, sold, exchanged, gifted, borrowed, lent, rented, leased, pledged, fabricated, altered, or otherwise modified;
e) Rectifying measures are not implemented in a timely manner at request of competent authorities in order to satisfy all requirements during general chemical processes;
g) Legally effective judgments or decisions of the court take effect.
2. The Government shall prescribe procedures for revoking license and certificate under Clause 1 of this Article.
CHEMICAL INFORMATION
Article 20. Registration of new chemicals
1. New chemicals are chemicals that are not named under national lists of chemicals and foreign lists of chemicals recognized by Vietnamese authorities. New chemicals shall only be used, enter market circulation after they have been registered to competent state authorities.
2. Registration documents of new chemicals include:
a) Written registration of new chemicals;
b) Assessment results of new chemicals which include information on physical, chemical, dangerous properties of the chemicals provided by new chemical assessing bodies under Article 21 hereof.
Registration documents of new chemicals shall be used for scientific research, national defense, security, natural disaster and epidemic preparedness, remediation. Information under this Point shall be added within 5 years from the date of registration.
3. The Government shall prescribe roadmap for developing national lists of chemicals and recognizing foreign lists of chemicals; prescribe procedures for registering new chemicals under Clause 1 of this Article; elaborate Clause 2 of this Article.
Article 21. New chemical assessing bodies
1. New chemical assessing bodies include:
a) Conformity assessing bodies eligible for new chemical assessment and designated by competent state authorities;
b) Foreign testing bodies accredited by member states of Organisation for Economic Co-operation and Development (OECD) for chemical assessment;
c) Testing bodies of countries that have entered into agreement on mutual recognition of conformity assessment results with the Socialist Republic of Vietnam.
2. The Government shall elaborate Clause 1 of this Article.
Article 22. Management of new chemicals
1. New chemicals that have been registered to competent authorities shall be classified and managed as chemicals requiring special control.
2. Within 5 years from the date on which a new chemical is registered, organizations and individuals that conduct activities related to the new chemical shall update information and data in chemical industry database on an annual basis regarding their operations involving the new chemical.
3. On the basis of new chemical assessment results and reports on operations involving new chemicals during 5 years from the date on which new chemicals are registered, competent authorities have the responsibility to assess risk levels pertaining to chemical safety and security, request the Government to decide appropriate management measures, and inform organizations, individuals registering new chemicals.
4. The Government shall elaborate this Article.
Article 23. Chemical classification and labeling
1. Organizations and individuals producing, importing chemicals have the obligation to classify and label chemicals before bringing said chemicals into use and/or market circulation; assume legal responsibility for chemical classification results and chemical label information.
2. Chemical classification shall conform to principles and technical guidelines of Globally Harmonized System of Classification and Labelling of Chemicals (GHS) and detail regulations of heads of central chemical authorities.
3. Chemical labeling shall conform to goods labeling laws.
4. Labeling of dangerous chemicals shall conform to Clause 3 of this Article and guidelines of the GHS.
5. Where new dangerous properties of chemicals not listed under chemical classification information are found, organizations and individuals conducting general chemical processes have the obligations to promptly inform organizations and individuals producing, importing the chemicals to re-classify and re-label the chemicals in accordance with regulations of heads of central chemical authorities.
Article 24. Packages, containers, and chemical packaging process
Packages, containers, and chemical packaging process shall satisfy requirements below:
1. Packages, containers, and chemical packaging process shall satisfy requirements pertaining to chemical classification and labeling under Article 23 hereof;
2. Packages, containers, and chemical packaging process shall conform to national technical regulations and other relevant law provisions; shall not leak contained chemicals during transport and storage;
3. Packages and containers of imported chemicals shall conform to manufacturer’s recommendations and requirements.
4. Packages and containers of chemicals shall not be corroded or destroyed by the chemicals contained therein.
1. Organizations producing dangerous chemicals, organizations and individuals importing dangerous chemicals shall prepare safety data sheet before importing chemicals, before bringing the chemicals into use and/or market circulation and assume legal responsibility for information specified in safety data sheet.
2. Organizations selling dangerous chemicals have the responsibility to provide safety data sheets for the buyers. Organizations and individuals purchasing dangerous chemicals have the obligation to request the sellers to provide safety data sheets and keep the safety data sheets at chemical storage locations.
3. Organizations producing dangerous chemicals, organizations and individuals importing dangerous chemicals have the responsibility to revise safety data sheets in case of changes or upon discovery of new dangerous properties of chemicals before continuing use and/or market circulation of the chemicals.
4. Heads of central chemical authorities shall elaborate contents and form of safety data sheet.
1. Organizations and individuals declaring, registering, reporting, updating information and data in accordance with this Law have the right to request accepting agencies and organizations to protect confidentiality of information relating to technology secrets, trade secrets, and other private information as per the law except for cases detailed under Clause 2 of this Article. Organizations and individuals requesting confidentiality have the obligation to provide relevant information and documents to competent authorities in order to be evaluated in terms of necessity for confidentiality.
2. Information that shall not be subject to confidentiality includes:
a) Trade name of chemicals;
b) Name of organizations, individuals producing and importing chemicals; organizations and individuals under Clause 5 Article 29 hereof;
c) Safety data sheet in accordance with Article 25 hereof;
d) Information serving chemical incident prevention and preparedness; chemical toxicity prevention and remediation; cautions during use, physical contact with chemicals, initial response to chemical incidents;
dd) Analysis methods for determining exposure of humans and the environment; summary of chemical toxicity test results;
e) Purity of mixture and danger level of additives, impurities.
3. Agencies and individuals receiving information from organizations and individuals under Clause 1 of this Article have the responsibility to provide confidential information at request of competent state authorities as per the law.
4. The Government shall elaborate this Article.
Article 27. Storage of information on dangerous chemicals
1. Organizations and individuals conducting general chemical processes shall establish, update, and store information pertaining to dangerous chemicals in their activities on a regular basis and store documents for at least 3 years from the date on which activities concerning relevant chemicals are concluded.
2. Information to be stored includes scientific name, trade name of chemicals; quantities of import, export, use, discharge; purposes of use; danger classification in accordance with the GHS; information related to chemical incidents and chemical safety at facilities where general chemical processes are conducted.
3. Where facilities where general chemical processes are conducted consist of multiple branches, information on dangerous chemicals shall include all relevant information under Clause 2 of this Article in all branches.
Article 28. Obligation to provide information
1. Organizations and individuals conducting general chemical processes have the obligation to promptly provide adequate information at request of competent authorities in the following cases:
a) Chemical incidents that occur during general chemical processes;
b) Prevention of situations where natural disasters can cause chemical incidents in general chemical processes;
c) Investigation and survey for development of Strategy for development of chemical industry, plans for development of chemical industry;
d) Investigation, examination, supervision, and penalties against violations of the law pertaining to general chemical processes.
2. Organizations and individuals conducting general chemical processes have the obligation to provide adequate information on contents of dangerous chemicals in chemicals, goods, products containing dangerous chemicals to competent authorities and users.
3. Ministries and ministerial agencies have the responsibility to provide information on dangerous chemicals within their fields at request to accommodate medical care and treatment for individuals affected by chemical incidents.
4. The Government shall elaborate this Article.
Article 29. Digital transformation in chemical governance
1. The Government shall promote comprehensive digital transformation to increase efficiency, effectiveness in chemical governance; ensure openness, transparency, connection, consistency, and punctuation in collection, process, access, and sharing of information and data.
2. Central chemical authorities shall publicize, operate, upgrade, regularly update, ensure information safety and cyber security of chemical industry database; develop regulations on sharing and accessing information of chemical industry database.
3. Chemical industry database shall be used to store, manage, update, integrate, and unify chemical data; general chemical processes; chemical industries; dangerous chemicals in products, goods; safety and security in general chemical processes; national lists of chemicals, foreign lists of chemicals recognized by the Socialist Republic of Vietnam and other data according to regulations of heads of central chemical authorities.
4. Chemical industry database shall be so designed in order to be integrated, connected, and share data with national information systems and relevant field-specific information systems as per the law. Information in chemical industry database shall be delegated, devolved to competent authorities for access and use in governance, investigation, and penalties for violations.
5. Agencies, organizations, and individuals have the responsibility to update information and data to chemical industry database in an adequate and timely manner.
6. Competent authorities have the responsibility to synchronize and share data related to chemicals on chemical industry database.
7. Access and use of data on chemical industry database shall satisfy entitlement, purpose requirements and comply with regulations on protection of state secret, private data protection, information safety, and cyber security.
8. The Government shall provide resources for investment, construction, operation, maintenance, and development of chemical industry database; ensure information safety, cyber security, and the ability to connect and share data with national information system and relevant field-specific information systems as per the law.
9. The Government shall elaborate this Article.
Article 30. Chemical advertising
1. Chemical advertising shall conform to regulations of the law pertaining to advertising of special products, goods, and services.
2. Advertising of dangerous chemicals shall conform to Clause 1 of this Article. Contents of advertising of dangerous chemicals shall include warnings pertaining to dangerous properties of chemicals and guidelines on preventing damage of chemicals.
DANGEROUS CHEMICALS IN PRODUCTS AND GOODS
Article 31. General provisions pertaining to dangerous chemicals in products and goods
1. Dangerous chemicals in products and goods subject to existing technical regulations shall conform to this Law, the Law on Technical Standards and Technical Regulation, the Law on Product and Goods Services, and other relevant laws.
2. In respect of dangerous chemicals in products and goods not subject to existing technical regulations, ministers and heads of ministerial agencies shall promulgate list of dangerous chemicals in products and goods to be declared within their jurisdiction.
3. Organizations and individuals producing products, goods containing dangerous chemicals mentioned under list of dangerous chemicals in products and goods according to Clause 2 of this Article have the obligation to develop procedures for control of dangerous chemicals during production in accordance with regulations of the Government.
4. Organizations and individuals producing, importing goods and products under Clause 1 and Clause 2 of this Article have the obligation to declare contents of dangerous chemicals in products and goods in accordance with Article 32 hereof and other relevant laws.
5. Laboratories that determine contents of dangerous chemicals in products and goods shall register testing operations in accordance with regulations of the law pertaining to product and goods quality.
6. Ministries, ministerial agencies, provincial People’s Committees, and competent authorities have the responsibility to inspect and examine compliance with regulations on management of dangerous chemicals in products and goods within their tasks and powers.
7. The Government shall elaborate this Article.
Article 32. Declaration of contents of dangerous chemicals in products and goods
1. Organizations and individuals producing, importing products and goods containing dangerous chemicals under Clause 1 and Clause 2 Article 31 hereof have the obligation to declare contents of dangerous chemicals in products and goods prior to market circulation on chemical industry database, on their website, or at locations where products and goods containing dangerous chemicals are provided for the buyers.
2. Organizations and individuals selling products and goods containing dangerous chemicals have the obligations to present information, documents related to the buyers at request of competent authorities.
3. The Government shall elaborate methods and details of declaration of dangerous chemical contents in products and goods.
CHEMICAL SAFETY AND SECURITY
Section 1. REQUIREMENTS PERTAINING TO SAFETY AND SECURITY ASSURANCE IN GENERAL CHEMICAL PROCESSES
Article 33. Safety and security assurance in general chemical processes
1. Organizations and individuals conducting general chemical processes shall satisfy technical facility requirements pertaining to chemical safety and security.
2. Organizations and individuals conducting general chemical processes shall employ personnel specializing in chemical safety with appropriate qualifications.
3. Employees whose work involves general chemical processes shall undergo chemical safety training and be provided with PPE appropriate to their work.
4. Regulations under Clause 2 and Clause 3 of this Article do not apply to general chemical processes that serve essential and daily demands.
5. The Government shall elaborate this Article.
Article 34. Obligations of organizations and individuals pertaining to chemical safety and security assurance
1. Maintain chemical safety and security conditions in accordance with this Law and other relevant law provisions during general chemical processes.
2. Periodically inspect, maintain, repair, examine safety and waste treatment machinery, equipment, and instruments in a law-compliant manner.
3. Fulfill other obligations in accordance with this Law and other relevant law provisions.
Article 35. Separation distance
1. Separation distance means clearance to be maintained from a chemical structure to a residential area, a public structure, a national defense structure, a military compound, a security structure, a historical – cultural heritage, a tourist attraction, a wildlife sanctuary, and a source of water for domestic consumption in order to minimize negative impact on humans, facilities, property, and the environment in normal operation.
2. Chemical structures shall comply with separation distance under relevant technical regulations.
3. Organizations and individuals shall not build residential buildings or other structures within separation distance under Clause 1 of this Article except for specialized structures according to regulations of the Government.
4. Provincial People’s Committees shall promulgate roadmap for implementing regulations on separation distance in respect of chemical structures that operate in their jurisdiction before the effective date of technical regulations under Clause 2 of this Article without meeting separation distance.
Section 2. CHEMICAL INCIDENT PREVENTION AND RESPONSE
Article 36. Safety training in chemical industry
1. Organizations and individuals conducting general chemical processes shall provide periodic safety training pertaining to chemical industry for employees.
2. Safety training in chemical industry shall conform to this Law, the Law on Occupational safety and Hygiene, the Law on Fire and Rescue, and other relevant law provisions.
3. The Government shall elaborate participants, contents, duration, and qualifications of personnel providing safety training in chemical industry.
Article 37. Plans for chemical incident prevention and response
1. Responsibility to develop Plans for chemical incident prevention and response:
a) Project developers of projects that involve storage of chemicals that are specified under lists and at quantities that exceed thresholds provided under Clause 2 of this Article shall develop Plans for chemical incident prevention and response during project preparation phase in accordance with construction laws and only be permitted to store chemicals once their plans for chemical incident prevention and response have been approved;
b) Organizations and individuals managing, operating facilities that facilitate storage of chemicals that are specified under lists and at quantities that exceed thresholds provided under Clause 2 of this Article shall be entitled to grant approval for plans for chemical incident prevention and response before initiating chemical storage.
2. The Government shall promulgate list of chemicals that require plans for chemical incident prevention; prescribe thresholds of maximum chemical storage quantity at any time that requires development of plans for chemical incident prevention and response; prescribe contents, procedures, entitlement, and time for inspection and approval of plans for chemical incident prevention and response.
Article 38. Solutions for chemical incident prevention and response
1. Responsibility to develop solutions for chemical incident prevention and response:
a) Project developers of projects that involve storage of dangerous chemicals that do not fall under Clause 1 Article 37 hereof shall develop solutions for chemical incident prevention and response during project preparation phase in accordance with construction laws and only initiate chemical storage once solutions for chemical incident prevention and response are promulgated;
b) Organizations and individuals managing, operating facilities that involve storage of dangerous chemicals that do not fall under Clause 1 Article 37 hereof shall develop and promulgate solutions for chemical incident prevention and response before initiating chemical storage;
c) Before transporting dangerous chemicals, organizations and individuals that transport dangerous chemicals have the obligations to develop, promulgate, and carry solutions for chemical incident prevention and response during transportation process.
2. The Government shall elaborate this Article.
Article 39. Implementation of plans for chemical incident prevention and response, solutions for chemical incident prevention and response
1. Organizations and individuals engaging in general chemical processes have the obligation to adequately comply with approved plans for chemical incident prevention and response and promulgated solutions for chemical incident prevention and response.
2. Project developers of projects that involve chemical storage; organizations and individuals that engage in chemical storage and fall under Clause 1 Article 37 and Clause 1 Article 38 hereof have the obligation to amend plans for chemical incident prevention and response, solutions for chemical incident prevention and response in case of expansion, changes to technology sequences, equipment for production, use, and storage of projects and chemical storage facilities. Changes of projects and chemical facilities shall only be allowed to enter into operation once plans for chemical incident prevention and response are approved or solutions for chemical incident prevention and response are promulgated.
3. Chemical facilities that operate in civil fields and store chemicals that fall under lists mentioned in Clause 2 Article 37 hereof have the obligation to arrange annual chemical incident response drills.
4. Organizations and individuals have the obligation to update approved plans for chemical incident prevention and response and promulgated solutions for chemical incident prevention and response on chemical industry database unless such plans or solutions serve national defense and security.
5. The Government shall elaborate this Article.
Article 40. Equipment and personnel for chemical incident response
1. Organizations and individuals conducting general chemical processes have the obligation to prepare adequate equipment and personnel for on-site chemical incident response and invest in equipment and systems for chemical incident response appropriate to scale and dangerous properties of chemicals according to approved plans for chemical incident prevention and response and promulgated solutions for chemical incident prevention and response in order to respond to chemical incidents safely and promptly.
2. Fire and rescue forces, other forces, and relevant authorities have the responsibility to prepare adequate equipment and personnel for responding to chemical incidents in accordance with promulgated plans for chemical incident prevention and response of provinces.
3. The Government shall develop policies on improvement to chemical incident prevention and response capabilities in civil fields.
Article 41. Cooperation in chemical incident prevention and response
1. Chemical incidents shall be classified as follows:
a) Local chemical incident means a chemical incident that occurs within physical boundary of a chemical facility and is within the facility response force’s ability to respond and remediate;
b) Provincial chemical incident means a chemical incident that occurs within geographic boundary of a province and exceeds the facility response force’s ability to respond and remediate;
c) National chemical incident means a chemical incident that occurs within geographic boundary of a province or provinces and exceeds the provincial government’s ability to respond and remediate.
2. Competent authorities have the responsibility to arrange responses to chemical incidents in accordance with civil defense laws; consolidate information, situation, current conditions of chemical incidents and file propositions pertaining to impact of the incidents on humans, facilities, property, and the environment to governing ministries.
3. Obligations of organizations and individuals in case of chemical incidents:
a) Organizations and individuals conducting general chemical processes shall promptly adopt plans for chemical incident prevention and response and solutions for chemical incident prevention and response; inform competent authorities for cooperation if the situation exceeds their capability;
b) Organizations and individuals have the obligation to comply when competent authorities mobilize personnel and property for chemical incident response and remediation as per the law;
c) Organizations and individuals that conduct general chemical processes shall send reports containing details on incidents, types of chemicals, causes, responses, quantities of chemicals lost, consequences, remediation guidelines to local field-specific authorities;
d) Organizations and individuals shall assume responsibility and compensate for damage caused by chemical incidents as per the law.
Article 42. Plans for provincial chemical incident prevention and response
1. Provincial People’s Committees have the responsibility to develop and promulgate plans for provincial chemical incident prevention and response appropriate to regional planning, provincial planning and update in chemical industry database.
2. Provincial People’s Committees shall arrange response drill for provincial chemical incidents in accordance with promulgated plans for provincial chemical incident prevention and response. Response drills for provincial chemical incidents may be incorporated with response drills for other emergencies in the area.
3. The Government shall elaborate this Article.
Section 3. ENVIRONMENTAL PROTECTION AND COMMUNITY SAFETY
Article 43. Responsibilities of organizations and individuals related to general chemical processes in environmental protection and community safety
Organizations and individuals related to general chemical processes have the obligation to adequately comply with regulations on chemical safety in accordance with this Law, environmental protection laws, occupational safety laws, and other relevant law provisions.
Article 44. Rights and obligations of organizations and individuals in vicinity of facilities where general chemical processes are conducted regarding environmental protection and community safety
1. Organizations and individuals in vicinity of facilities where general chemical processes are conducted have the right to:
a) access information on chemical safety in accordance with this Law and other relevant law provisions;
b) request facilities where general chemical processes are conducted to take actions for protecting community health and the environment as per the law;
c) request compensation for damage caused by general chemical processes as per the law;
d) report organizations, individuals that violate chemical safety laws to competent authorities;
dd) contribute feedback pertaining to environmental protection solutions and plans for chemical incident prevention and response regarding local manufacturing and storage facilities of dangerous chemicals.
2. Organizations and individuals in vicinity of facilities where general chemical processes are conducted have the obligation to:
a) promptly report violations of chemical safety laws to competent authorities;
b) enable agencies and organizations to respond to, rectify, and handle chemical incidents in a law-compliant manner in case of chemical incidents.
Article 45. Publicizing chemical safety information
Organizations and individuals conducting general chemical processes have the obligation to cooperate with local government in publicizing the following information on chemical safety to local community in vicinity of facilities that accommodate general chemical processes:
1. Solutions for ensuring safety and protecting humans, facilities, property, and the environment in accordance with this Law and environmental protection laws;
2. Basic details of plans for chemical incident prevention and response under Article 37 hereof except for confidential information under Article 26 hereof.
Article 46. Responsibility to handle chemicals, products containing toxic substances of unidentified origin; confiscated chemicals, products containing toxic substances; toxic remnants of war
1. Provincial People’s Committees shall cooperate with ministries and ministerial in:
a) inventorying, detecting, and notifying location, quantities of chemicals and products containing toxic substances of unidentified origin; confiscated chemicals and products containing toxic substances in their jurisdiction;
b) developing plans for handling chemicals and products containing toxic substances of unidentified origin; confiscated chemicals and products containing toxic substances;
c) arranging implementation of plans for handling chemicals and products containing toxic substances of unidentified origin; confiscated chemicals and products containing toxic substances.
2. Organizations and individuals that are in possession of confiscated chemicals and products containing toxic substances shall incur expenditure on handling confiscated chemicals and products containing toxic substances.
3. Where individuals under Clause 2 of this Article are deceased or missing; organizations under Clause 2 of this Article have been dissolved or bankrupt or where chemicals and products contain toxic substances of unidentified origin or where owners cannot be identified, handling expenditures shall be incurred by provisional budget granted to authorities overseeing competent individuals who issue handling decisions.
4. The Government shall prescribe handling of toxic war remnants.
IMPLEMENTATION
1. This Law comes into force from January 1, 2026, except Clause 2 of this Article.
2. Regulations on certificate of eligibility for provision of chemical storage services under Clause 5 Article 14 hereof comes into force from July 1, 2026.
3. The Law on Chemicals No. 06/2007/QH12 amended in accordance with the Law No. 28/2018/QH14 and the Law No. 18/2023/QH15 expires from the effective date hereof except for cases detailed under Article 48 hereof.
Article 48. Transition clauses
1. Where construction feasibility study and/or economic-technical report regarding construction of chemical projects have been submitted to competent authorities for inspection and where written inspection has not been issued as of the effective date hereof, inspection of said documents shall conform to construction laws.
2. Organizations and individuals to which license to produce and trade chemicals is issued by competent authorities before the effective date hereof shall continue to operate until expiry of the license.
In respect of chemicals that are named under list of chemicals requiring special control issued in accordance with Point a Clause 2 Article 9 hereof and not named under list of chemicals for limited production and trade issued in accordance with the Law on Chemicals No. 06/2007/QH12, regulations under this Law must be satisfied before December 31, 2026.
3. Organizations and individuals to which certificate of eligibility for production and trade of chemicals has been issued by competent authorities before the effective date hereof shall continue to operate in accordance with their certificate until December 31, 2027 inclusive.
In respect of chemicals that are named under list of chemicals for conditional production and trade issued in accordance with Point a Clause 1 Article 9 hereof and not named under list of chemicals for conditional production and trade issued in accordance with the Law on Chemicals No. 06/2007/QH12, regulations under this Law must be satisfied before December 31, 2026.
4. Plans for chemical incident prevention and response that have been approved before the effective date and solutions for chemical incident prevention and response that have been promulgated before the effective date hereof shall remain effective.
5. In respect of projects under Point a Clause 1 Article 37 and Point a Clause 1 Article 38 hereof of which project preparation phase has concluded before the effective date hereof where project developers have not developed plans for chemical incident prevention and response or solutions for chemical incident prevention and response, project developers shall be required to develop plans for chemical incident prevention and response and/or solutions for chemical incident prevention and response and apply for approval of plans for chemical incident prevention and response or promulgate solutions for chemical incident prevention and response before using project structures.
This Law is approved by the 15th National Assembly of the Socialist Republic of Vietnam in the 9th meeting on June 14, 2025.
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CHAIRPERSON OF NATIONAL ASSEMBLY Tran Thanh Man |
