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The Chemical Law is the overarching Law in Vietnam that regulates the activities of the chemical industry including manufacture, import/export, storage, disposal, etc. Recently, the Vietnam government issued a notice and detailing some small amendments to the Law, which are:
Amend Clause 2 of Article 6 to: The State shall invest in building a national safety control system and a database of chemical safety information.
Add Clause 5 to Article 10: The locations of industrial parks and/or chemical manufacture facilities must be compatible with the characteristics and nature of the production and storage techniques of the chemicals, the natural conditions, and the socio-economic conditions. The industrial parks and/or chemical manufacture facilities must meet the chemical safety requirements.
Amend Clause 3 of Article 49 to: (Enterprises should provide information requested by competent authorities)… to aid in developing strategies and plans for the development of the chemical industry;
Amend Clause 1 of Article 63 to: a) To promulgate according to its competence or submit to the Government for promulgation legal documents, strategies and plans for the development of the chemical industry, and the technical regulations on chemical safety.
Delete Article 8 and Article 9 (contents regarding the “master plan” for the development of the chemical industry).
Overall, these amendments are unlikely to have any significant impact on market access or compliance requirements for the chemical industry. The 2nd and 3rd amendments only slightly increase the compliance obligations of chemical enterprises. The other 3 amendments are all about removing the concept of “master plan for the development of the chemical industry” from the Law. Vietnam's competent authorities have been taking actions to improve the management system of chemicals, including the development of the national chemical inventory and the launch of the national chemical database. Now that Vietnam's has already constructed a foundational administrative infrastructure for its chemical industry it can move on from its initial goal of realizing the overriding goals expounded in its "master plan" and focus on developing more detailed and specific supporting legal mechanisms.
