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On March 19, 2020, the World Trade Organization (WTO) issued a Notification [1] to solicit comments from members on Vietnam's draft Circular [2] which promulgated the List of active ingredients banned from use and restricting the scope of insecticide and disinfectant registration for household and medical use. According to the Notification, the consultation will last for 60 days, and the draft Circular is scheduled for adoption in June and will finally enter in force on August 1.
The draft Circular is revised from Circular No.47/2017/TT-BYT, and the amendment mainly includes changes of the substances in the lists and new transitional provisions. Specifically, the draft Circular consists of 4 articles and two lists, namely:
Article 1 Lists of Active Ingredients
Article 2 Implementation
Article 3 Transitional Provisions
Article 4 Competent Authority
Annex 1 List of Active Ingredients Banned from Use in Household and Public Health Insecticides and Disinfectants
Annex 2 List of Active Ingredients Restricted in the Scope of Use in Household and Public Health Insecticides and Disinfectants
In short, the substances in List 1 are totally prohibited from usage in household and public health insecticides and disinfectants. And for the substances in List 2, they are only allowed to be used under the specified usage conditions.
Compared with the currently effective version, the amendments to the two lists can be summarized as below:
For List 1, 6 kinds of active ingredients will be supplemented, and one of which is moved from List 2 to List 1;
For List 2, besides one substance that will be moved to List 1, two kinds of active ingredients will also be added.
Transitional provisions are provided by officials to help enterprises adapt to new requirements. For the products that contain active ingredients that will be supplemented or transferred to List 1, their registration code will still be effective until the Circular enters into force. After that, those products will be allowed to be imported for one year, and trade and use for two years. It shall be noted that the registration application of these products will all be stopped after the draft Circular takes effect, except those that have been registered and comply with the use conditions in List 2. Advertisement of products containing List 2 active ingredients should be conducted in accordance with specified requirements. If the manufacturers would like to expand the scope of use of the products in the advertisement, the products must be additionally registered in accordance with the provisions of Decree No.91/2016/ND-CP first.
