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Vietnam Ministry of Industry and Trade (MOIT) published a chemical decree named No. 113/2017/ND-CP in late 2017 and replaced Decree No. 108/2008/ND-CP which had been in force for 9 years. Decree No. 113/2017 functions as an implementation decree to the Law on Chemicals, the overarching legislation that manages the chemicals-related activities in Vietnam.
To further assist the implementation of the Decree No. 113/2017, MOIT published a ministerial circular named Circular No. 32/2017/TT-BCT in Dec 2017 and specified a number of articles of the Law on Chemicals and the Decree No. 113/2017. The Circular took effect on Dec 28th, 2017.
The main contents of the Circular include:
Adjustments of the management on the permits and certificates in regards to the manufacture, import, etc. of chemicals;
Elaborated plans and measures to prevent and respond to chemical incidents in the industrial field;
Classification and labeling of chemicals;
Guidance on compiling chemical safety data sheet;
Declaration of imported chemicals.
If a chemical was classified and labelled before the effective date of the Circular, the classification and labeling remains valid until the expiration date. Similarly, the permits and certificates for chemicals that are obtained before the effective date of the Circular will also be valid until the expiration. But if enterprises need to change the conditions of manufacture or import of the chemicals on the existing permits or certificates, they need to follow the new instructions specified by the Circular. The enterprises using industrial chemicals that are subject to conditional or restricted manufacture and trade under the Decree No.113/2017 must provide a supplemental application for certificates and permits before June 28th. This does not apply to substances listed in Annex 1 of Circular No.28/2010/TT-BCT or Annex 2 of Decree No. 26/2011/ND-CP.
With the implementation of the Circular, following legal documents are repealed:
Circular No. 01/2006/TT-BCN guiding the management of the import and export of toxic chemicals and products containing toxic chemicals, pre-substances of narcotics and chemicals subject to specialized management by the Ministry of Industry;
Decision No. 40/2006/QD-BCN of the Ministry of Industry: Supplementing the list of chemicals banned from export;
Circular No. 28/2010/TT-BCT specifying a number of articles of the Law of Chemicals and Decree No. 108/2008/ND-CP of October 7, 2008, detailing and guiding a number of articles of the law on chemicals;
Circular No. 18/2011/TT-BCT supplementing and annulling administrative procedures in Circular No. 28/2010/TT-BCT;
Circular No. 40/2011/TT-BCT regulating the declaration of chemicals;
Circular No. 04/2012/TT-BCT providing for the classification and labeling of chemicals;
Circular No. 07/2013/TT-BCT regulating the registration of the use of dangerous chemicals to produce products and goods in the industrial field;
Circular No. 20/2013/TT-BCT regulating the plan and measures to prevent chemical incidents in the field of industry;
Articles 6, 7, 1 and 2 of Article 9, Article 10, Article 11, Article 12, Article 14 and Article 18 of Circular No. 42/2013/TT-BCT regulating the management and control of industrial precursors;
Circular No. 36/2014/TT-BCT, regulations on training in chemical safety techniques and issuance of certificate of chemical safety techniques;
Article 1, 2, 3, and 4 of Circular 06/2015/TT-BCT, amendments to a number of Circulars promulgated by Ministry of Industry and Trade on administrative procedures in the field of chemicals, electricity and commodity trading activities through the exchange of goods;
Article 2 and 3 of Circular 04/2016/TT-BCT, amending a number of the Minister of Industry and Trade's circulars on administrative procedures in the fields of e-commerce, chemical, liquor production and trading, commercial franchising, goods purchase and sale via goods exchanges, energy, food safety and electricity;
1 of Article 4, and Article 5 of Circular 27/2016/TT-BCT,amending, supplementing, and repealing some legal documents, which provide conditions for investment and business in some sectors that fall within the scope of state management of the Ministry of Industry and Trade.
The legal document can be downloaded at: https://resource.chemlinked.com.cn/old/cdn/img/newcl/file/32-2017-tt-bct.pdf. ChemLinked is going to translate the regulation and it will be free for our premium members.
