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Vietnam Details the Implementation of Chemical Law

Vietnam submitted a new implementation decree to WTO and the new decree is set to come into force this September.

The Law on Chemicals is the overarching regulation in Vietnam that regulates the activities related to chemicals and chemical industry. Since the publication of the Law in 2007, Vietnam government has been promulgating new implementation guidelines and revisions to the Law in order to align the regulatory requirements with latest developments and demands in the chemical industry, including Decree No. 108/2008/ND-CP (Implementation of the Law on Chemicals), Decree No. 26/2011/ND-CP, Circular No. 28/2010/TT-BCT, etc. On Jul 10th 2017, Vietnam Ministry of Industry and Trade (MOIT) submitted a new implementation guideline decree to the WTO Committee on Technical Barriers to Trade.

The decree is named Detailed Provisions and Guidelines for Implementing a Number of Articles in the Law of Chemical and is expected to be adopted on Aug 7th and become effective in September 2017. The decree has 8 chapters and 39 articles:

  1. General provisions.

  2. The list of chemicals.

  3. Manufacture and trade of chemicals.

  4. Planning, prevention and response to chemical incidents.

  5. Classification, labeling, packaging and safety data sheets.

  6. Declaration and provision of information.

  7. Chemical safety training.

  8. Organization of implementation.

Similar to Decree No. 108/2008/ND-CP, the new decree has 5 appendix lists of chemicals:

  1. List of chemicals subject to conditional manufacture or trade (831 chemicals, compared to 8 types of chemicals in Decree No. 108/2008/ND-CP);

  2. List of chemicals restricted from trading (120 chemicals, compared to 42 chemicals in Decree No. 108/2008/ND-CP);

  3. List of banned chemicals (13 types of chemicals, compared to 12 chemicals in Decree No. 108/2008/ND-CP);

  4. List of chemicals which require elaboration of chemical prevention and response plans and maintenance of safety distances (278 chemicals, compared to 57 chemicals in Decree No. 108/2008/ND-CP);

  5. List of chemicals subject to compulsory declaration (71 chemicals).

The decree is currently in Vietnamese and can be downloaded here.

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