|
NATIONAL
ASSEMBLY OF VIETNAM
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
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.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Article 3.
Prohibited actions
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Chapter II
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Article 5.
Chemical Project
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Accidental
release plans or Accidental release measures 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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: Accidental release plans, Accidental release measures;
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Chapter III
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 9.
Scope and requirements for conditional chemicals, chemicals requiring special
control, and banned 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
banned chemicals:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Organizations and individuals
shall be prohibited from conducting general chemical processes that involve
banned chemicals except for cases detailed under Point c of this Clause;
c) Organizations shall be permitted
to produce, import, use, transport, store banned chemicals for purposes detailed
under the Law on Investment, the Law on Foreign Trade Management, and other
relevant laws; shall be permitted to export banned chemicals for cases detailed
under Point a Clause 5 Article 12 hereof;
d) Organizations producing,
importing, using, storing banned 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 banned 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 banned
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 banned 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 banned chemicals.
Article 11.
Chemical trade
1. Organizations trading chemicals
shall be required to satisfy requirements below:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 banned
chemicals:
a) Export of banned chemicals shall
only be implemented where organizations importing banned chemicals do not use
all banned chemicals within the time limit specified in the license to import
banned 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 banned chemicals in
accordance with this Law, environmental protection laws, occupational safety
laws, and other relevant law provisions.
Organizations importing banned
chemicals have the obligations to inform authorities that issue license to
import banned chemicals in order export or destroy the banned chemicals after
obtaining approval from competent authorities;
b) Import of banned chemicals shall
conform to license to import banned chemicals issued by competent authorities;
c) Importing organizations shall
only import banned chemicals in accordance with license to import banned
chemicals for purposes detailed under the Law on Investment, the Law on Foreign
Trade Management, and other relevant law provisions. Import of banned 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 banned chemicals;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) License to import banned
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 banned
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Transportation of banned
chemicals shall conform to Clause 1, Clause 2 of this Article and Point c
Clause 3 Article 9 hereof. Individuals transporting banned 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 banned chemicals;
c) refrain from stopping and
parking banned chemical transport vehicles in crowded areas, residential areas,
petrol stations, in vicinity of national defense, security, economic, cultural,
diplomatic structures. Where banned 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.
Article 14.
Chemical storage
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 banned chemicals:
a) Storage of banned chemicals
shall conform to Clause 1 of this Article and Point c Clause 3 Article 9
hereof;
b) Banned chemicals shall be
managed and stored in a manner that ensures safety, prevents and minimizes
losses, damage;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Organizations storing banned
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.
Article 15.
Chemical use
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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 banned chemicals:
a) Organizations using banned
chemicals shall be established in a law-compliant manner; conduct special
activities that involve the use of banned chemicals for purposes detailed under
the Law on Investment, the Law on Foreign Trade Management, and other relevant
laws;
b) Organizations using banned
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 banned 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 banned 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 banned 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 banned
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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The Government shall prescribe
procedures for revoking license and certificate under Clause 1 of this Article.
Chapter IV
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Article 25.
Safety data sheet
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.
Article 26.
Confidentiality
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Chapter V
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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. Accidental
release plans
1. Responsibility to develop
Accidental release plans:
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 Accidental release plans during project preparation phase in accordance
with construction laws and only be permitted to store chemicals once their
Accidental release plans 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 Accidental
release plans 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 Accidental release plans; prescribe contents,
procedures, entitlement, and time for inspection and approval of Accidental
release plans.
Article 38. Accidental
release measures
1. Responsibility to develop
Accidental release measures:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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
Accidental release measures before initiating chemical storage;
c) Before transporting dangerous
chemicals, organizations and individuals that transport dangerous chemicals
have the obligations to develop, promulgate, and carry Accidental release
measures during transportation process.
2. The Government shall elaborate
this Article.
Article 39.
Implementation of Accidental release plans, Accidental release
measures
1. Organizations and individuals
engaging in general chemical processes have the obligation to adequately comply
with approved Accidental release plans and promulgated Accidental release
measures.
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 Accidental release plans, Accidental release
measures 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 Accidental release plans are approved or Accidental release
measures 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 Accidental release plans and promulgated
Accidental release measures on chemical industry database unless such plans or
measures serve national defense and security.
5. The Government shall elaborate
this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Accidental release
plans and promulgated Accidental release measures 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 Accidental release plans 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Organizations and individuals
conducting general chemical processes shall promptly adopt Accidental release
plans and Accidental release measures; 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.
Provincial accidental release plans
1. Provincial People's Committees
have the responsibility to develop and promulgate provincial accidental release
plans 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 provincial accidental release plans. 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
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 accidental release plans 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:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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 Accidental
release plans 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;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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.
Chapter VII
IMPLEMENTATION
Article 47.
Entry into force
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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
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. Accidental release plans that
have been approved before the effective date and Accidental release measures
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 Accidental release plans or Accidental
release measures, project developers shall be required to develop Accidental
release plans and/or Accidental release measures and apply for approval of
Accidental release plans or promulgate Accidental release measures 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
CHAIRPERSON
OF NATIONAL ASSEMBLY
Tran Thanh Man