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On October 18, 2022, Vietnam's Government issued Decree 82/2022/ND-CP to introduce amendments to the existing Decree 113/2017/ND-CP, one of many decrees supporting the implementation of the Law on Chemicals. The new Decree is set to take effect on December 22, 2022.
According to Article 23 of Decree 113/2017/ND-CP, chemicals shall be classified according to rules and technical guidance of UN GHS from Rev.2 (2007) onwards. However, the building blocks provided in this Article are inconsistent with GHS Rev.2. To address the industry's confusion, Article 23 is amended to provide a table of building blocks in line with GHS Rev.2 as the basis and to clearly indicate that the building blocks from UN GHS Rev.2 onwards can be adopted for chemical classification. In Article 24, the concentration limit for a hazard class-skin/respiratory sensitization was revised from 0.1% to 1.0%.
In addition, several changes have been made to substance lists regulated under the Decree.
1. Add 10 chemicals and 6 industrial precursors to the List of Conditional Chemicals in Industrial Field (Annex I)
| Number | Chemical name | CAS number | HS code | Chemical formula |
| Chemicals | ||||
| 820 | Ammonia (anhydrous) | 7664-41-7 | 28141000 | NH3 |
| 821 | Acetylene | 74-86-2 | 29012910 | C2H2 |
| 822 | Chlorine | 7782-50-5 | 28011000 | Cl2 |
| 823 | Fluorine | 7782-41-4 | 28013000 | F2 |
| 824 | Hydrogen | 1333-74-0 | 28041000 | H2 |
| 825 | Hydrogen fluoride | 7664-39-3 | 28111100 | HF |
| 826 | Hydrogen sulphide | 7783-06-4 | 28111990 | H2S |
| 827 | Sulfur dioxide | 7446-09-5 | 28112920 | SO2 |
| 828 | Nitric acid | 7697-37-2 | 28080000 | HNO3 |
| 829 | Phosphorous (white, yellow and red) | 12185-10-3；7723-14-0 | 28047000 | P |
| Industrial Precursors | ||||
| 830 | Bromocyclopentane | 137-43-9 | 29033990 | C5H9Br |
| 831 | Chlorocyclopentane | 930-28-9 | 29038900 | C5H9Cl |
| 832 | Cyclopentyl magnesium bromide | 33240-34-5 | 29319090 | C5H4BrMg |
| 833 | 2-Chlorobenzonitrile | 873-32-5 | 29269000 | C7H4ClN |
| 834 | 2-Bromobenzonitrile | 2042-37-7 | 29269000 | C7H4BrN |
| 835 | 1-phenyl-1-propanone | 93-55-0 | 29143900 | C9H10O |
2. Add 6 POPs to the List of Restricted Chemicals in Industrial Field (Annex II) and the List of Chemicals Subject to Compulsory Declaration (Annex V)
| Number | Chemical name | CAS number | HS code | Chemical formula |
| 1 | Pentachlorobenzene (PeCB) | 608-93-5 | 29039300 | HC6Cl5 |
| 2 | Hexabromocyclododecane (HBCD) | 25637-99-4; 3194-55-6 | C12H18Br6 | |
| 3 | Polychlorinated naphthalene (PCN) | 70776-03-3 | ||
| 4 | Decabromodiphenyl ether (DBDE) | 1163-19-5 | 29093000 | C12Br10O |
| 5 | Perfludrooctanoic acid (PFOA) and its salts and PFOA -related compounds | 335-67-1 | 29159090 | - |
| 6 | Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds | 355-46-4 | 29049900 | - |
3. Revise one item in the List of Chemicals Subject to Developing an Incident Prevention and Response Plan (Annex IV), from Mercury fulminate to Mercury and its compounds.
Obligations
Once the new rule comes into force, companies must apply for a certificate if they wish to produce or trade added chemicals and chemical precursors in Annex I.
The newly added POPs are all listed under Stockholm Convention with a mandate to eliminate or restrict their production and use. This aligns with Vietnam's commitment as a party state under Stockholm Convention. Companies must obtain a license before producing or trading added POPs in Annex II. POPs added in Annex V are subject to declaration obligation. Chemical producers shall declare every year through the annual reports. Chemical importers shall declare before customs clearance through the national single-window website.
