Circular 01/2026/TT-BCT guiding Law on Chemicals, Decree 26/2026/ND-CP on management of chemical activities and hazardous chemicals in products and goods

CIRCULAR

Detailing and guiding the implementation of a number of articles of the Law on Chemicals and the Government’s Decree No. 26/2026/ND-CP detailing, and guiding the implementation of, a number of articles of the Law on Chemicals regarding management of chemical activities and hazardous chemicals in products and goods

Pursuant to the Law on Chemicals No. 69/2025/QH15;

Pursuant to the Government's Decree No. 26/2026/ND-CP detailing, and guiding the implementation of, a number of articles of the Law on Chemicals regarding management of chemical activities and hazardous chemicals in products and goods;

Pursuant to the Government’s Decree No. 40/2025/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director General of the Vietnam Chemicals Agency;

The Minister of Industry and Trade hereby promulgate the Circular detailing and guiding the implementation of a number of articles of the Law on Chemicals and the Government’s Decree No. 26/2026/ND-CP detailing, and guiding the implementation of, a number of articles of the Law on Chemicals regarding management of chemical activities and hazardous chemicals in products and goods.

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Circular provides detailed regulations and guidance on the implementation of the following:

a) The decentralization of procedures for the grant, re-grant, and modification of Licenses for production, trading, and production and trading of specially controlled chemicals of Group 1 and Group 2; and the grant, re-grant, modification, and renewal of Licenses for export and import of specially controlled chemicals of Group 1 and Group 2;

b) The contents of material safety data sheets and model material safety data sheets;

c) The preparation and maintenance of logbooks for the production, import, use, and storage of chemicals under the Ministry of Industry and Trade’s state management;

d) The forms, time limits, methods, and implementation roadmap for the preparation of forms, inventory review, and sale of specially controlled chemicals on the specialized chemicals database;

dd) The list of hazardous chemicals in products and goods subject to information disclosure within the scope of management of the Ministry of Industry and Trade;

e) The forms used in administrative procedures, including: grant, re-grant, and modification of Licenses for import of banned chemicals; grant, re-grant, and modification of Licenses for production of banned chemicals; chemical wastage prevention and control plans for banned chemicals; logbooks for the production, import, use, and storage of banned chemicals; grant, re-grant, and modification of Licenses for production and trading of specially controlled chemicals; grant, re-grant, modification, and renewal of Licenses for export and import of specially controlled chemicals; chemical wastage prevention and control plans for specially controlled chemicals; forms of purchase and sale control sheets for chemicals subject to special control; grant, re-grant, and modification of certificates of eligibility for production or trading of conditional chemicals; grant, re-grant, and modification of certificates of eligibility for provision of chemical storage services; registration of new chemicals; declaration information and feedback on declarations of imported chemicals via the National Single Window Portal;

g) The forms for registration and notification of enterprises registered on the specialized chemicals database;

h) The forms of information for sharing chemical management data on the specialized chemicals database;

i) Principles for chemical classification;

k) Regulations on chemicals prohibited from use in sectors and fields under the management of the Ministry of Industry and Trade;

l) Digital transformation in state management of chemicals.

2. Subjects of application

This Circular applies to domestic agencies, organizations, and individuals, and foreign organizations and individuals, that conduct chemical-related activities within the territory of Vietnam.

Article 2. Interpretation of terms

1. Group-1 specially controlled chemicals means Group-1 chemicals as specified in Appendix III to Decree No. 24/2026/ND-CP.

2. Group-2 specially controlled chemicals means Group-2 chemicals as specified in Appendix III to Decree No. 24/2026/ND-CP.

Article 3. Decentralization of the implementation of administrative procedures on chemicals under the Ministry of Industry and Trade's management

1. The provincial-level People’s Committee of the locality where an organization or individual is headquartered shall:

a) Receive dossiers, organize appraisal, and grant, re-grant, and modify Licenses for production, Licenses for trading, and Licenses for production and trading of specially controlled chemicals with respect to organizations producing and trading in Group-2 specially controlled chemicals and not producing or trading in Group-1 specially controlled chemicals;

b) Receive dossiers and grant, re-grant, modify, and renew Licenses for export and import of specially controlled chemicals for organizations and individuals exporting and importing Group-2 specially controlled chemicals.

2. Vietnam Chemicals Agency shall

a) Receive dossiers, conduct appraisal, and assess actual conditions for procedures for grant, re-grant, and modification of Licenses for production of banned chemicals in the industrial sector; receive and appraise application dossiers for grant, re-grant, and modification of Licenses for import of banned chemicals within the scope of state management of the Ministry of Industry and Trade;

b) Receive dossiers, organize appraisal, and grant, re-grant, and modify Licenses for production, Licenses for trading, and Licenses for production and trading of specially controlled chemicals for organizations producing and trading in Group-1 specially controlled chemicals, and organizations producing and trading concurrently in Group 1 and Group 2;

c) Receive dossiers and grant, re-grant, modify, and renew Licenses for export and import of Group-1 specially controlled chemicals;

d) Receive dossiers, organize appraisal, and grant, re-grant, and modify certificates of eligibility for provision of chemical storage services for storage facilities subject to the requirement to formulate a chemical incident prevention and response plan appraised by the Ministry of Industry and Trade;

dd) Receive dossiers and organize appraisal of new chemicals;

e) Receive declarations of imported chemicals.

Article 4. Organization of appraisal for grant of Licenses for production, trading, and production and trading of Group-2 specially controlled chemicals

1. Upon receipt of dossiers, the provincial-level People’s Committee of the locality where the organization is headquartered shall carry out the following procedures:

a) In case where the organization conducts production, trading, and storage activities only within the locality where it is headquartered and does not conduct production, trading, or storage activities in any other locality:

The provincial-level People’s Committee shall carry out the order and procedures for grant of Licenses in accordance with Clause 5, Article 13 of Decree No. 26/2026/ND-CP.

b) In case where the organization conducts production, trading, or storage activities in a locality other than the locality where it is headquartered:

Within 03 working days from the date of receipt of a complete and valid dossier, the provincial-level People’s Committee of the locality where the organization submits the dossier shall be responsible for sending a copy of the application dossier for grant of Licenses for production and trading of Group-2 specially controlled chemicals of the organization to solicit opinions from the provincial-level People’s Committee of the locality where the organization’s chemical production or trading facilities are located.

Within 10 working days from the date of receipt of the copy of the dossier, the provincial-level People’s Committee of the locality where the organization’s chemical production or trading facilities are located shall be responsible for inspecting the actual conditions of the chemical production and trading facilities within its management area and providing written opinions on the satisfaction of the prescribed conditions.

The provincial-level People’s Committee of the locality where the organization submits the dossier shall be responsible for reviewing and appraising the dossier and granting the certificate of eligibility to the organization within 03 working days from the date of receipt of the written confirmation from the provincial-level People’s Committee of the locality where the chemical production or trading facilities are located confirming that all conditions have been fully satisfied, and shall concurrently send such certificate to relevant units for coordination in management. In case where the License is not granted, the competent licensing agency shall issue a written reply clearly stating the reasons.

2. In case where an organization has been granted by a provincial-level People’s Committee a License for production and trading of Group-2 specially controlled chemicals and such License remains valid, but the organization wishes to conduct production and trading activities involving Group-1 specially controlled chemicals, the organization shall prepare one set of application dossier for grant of a new License and submit it to the Vietnam Chemicals Agency. The Vietnam Chemicals Agency shall carry out the order and procedures for grant of Licenses in accordance with Clause 5, Article 13 of Decree No. 26/2026/ND-CP.

3. After licensing, within 07 working days, the competent licensing agency shall update the License on the specialized chemicals database for coordination in monitoring and management.

Article 5. Contents and templates of material safety data sheets

1. A material safety data sheet shall contain the following principal information:

a) Identification of the chemical and information on the supplier;

b) Hazards identification;

c) Information on the composition of substances;

d) First aid measures;

dd) Fire-fighting measures;

e) Accidental release measures;

g) Handling and storage requirements;

h) Exposure controls/personal protection requirements;

i) Physical and chemical properties;

k) Stability and reactivity;

l) Toxicological information;

m) Ecological information;

n) Disposal considerations;

o) Transport information;

p) Regulatory information;

q) Other information.

2. Material safety data sheet template is specified in Appendix I to this Circular.

Article 6. Forms used in chemical management

1. Forms used in procedures for grant, re-grant, and modification of Licenses for import of banned chemicals are specified in Appendix II to this Circular, including:

a) Form 02a: An application for a license for import of banned chemicals;

b) Form 02b: An application for re-grant or modification of a license for import of banned chemicals;

c) Form 02c: License for import of banned chemicals.

2. Forms used in procedures for grant, re-grant, and modification of Licenses for production of banned chemicals are specified in Appendix III to this Circular, including:

a) Form 03a: An application for a license for production of banned chemicals;

b) Form 03b: An application for re-grant or modification of a license for production of banned chemicals;

c) Form 03c: License for production of banned chemicals.

3. Plans for control and prevention of wastage of banned chemicals shall comply with the form specified in Appendix IV to this Circular.

4. Logbooks for the production, import, use, and storage of banned chemicals are specified in Appendix V to this Circular.

5. Forms relating to the procedures for grant, re-grant, and modification of Licenses for production and trading of chemicals subject to special control are specified in Appendix VI to this Circular, including:

a) Form 06a: An application for a License for production and trading of chemicals subject to special control;

b) Form 06b: An application for re-grant or modification of a License for production and trading of chemicals subject to special control;

c) Form 06c: License for production and trading of chemicals subject to special control.

6. Forms relating to the procedures for grant, re-grant, and modification of Licenses for export or import of chemicals subject to special control are specified in Appendix VII to this Circular, including:

a) Form 07a: An application for a License for export or import of chemicals subject to special control;

b) Form 07b: An application for re-grant, modification or renewal of a License for export or import of chemicals subject to special control;

c) Form 07c: License for export or import of chemicals subject to special control.

7. Plans for control and prevention of wastage of chemicals subject to special control shall comply with the form specified in Appendix VIII to this Circular.

8. Purchase and sale control sheets for chemicals subject to special control shall comply with the form specified in Appendix IX to this Circular.

9. Forms used in procedures for grant, re-grant, and modification of certificates of eligibility for production or trading of conditional chemicals are specified in Appendix X to this Circular, including:

a) Form 10a: An application for a certificate of eligibility for production or trading of conditional chemicals;

b) Form 10b: An application for re-grant or modification of a certificate of eligibility for production or trading of conditional chemicals;

c) Form 10c: Certificate of eligibility for production or trading of conditional chemicals.

10. Forms used in procedures for grant, re-grant, and modification of certificates of eligibility for provision of chemical storage services are specified in Appendix XI to this Circular, including:

a) Form 11a: An application for a certificate of eligibility for provision of chemical storage services;

b) Form 11b: An application for re-grant or modification of a certificate of eligibility for provision of chemical storage services;

c) Form 11c: Certificate of eligibility for provision of chemical storage services.

11. New chemical registration forms are specified in Appendix XII to this Circular, including:

a) Form 12a: An application for registration of a new chemical;

b) Form 12b: Summary report on assessment of a new chemical;

c) Form 12c: Confirmation of registration of a new chemical.

12. Forms for declaration information and feedback on declarations of imported chemicals via the National Single Window Portal are specified in Appendix XIII to this Circular, including:

a) Form 13a: Declaration information form for imported chemicals via the National Single Window Portal;

b) Form 13b: Feedback form on declarations of imported chemicals via the National Single Window Portal.

13. Forms for registration and notification of enterprises registered on the specialized chemicals database are specified in Appendix XIV to this Circular.

Article 7. Principles for chemical classification

Organizations and individuals that produce or import chemicals shall be obligated to classify chemicals in accordance with the guidance set out in Appendix XV to this Circular or the classification principles of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Version 2 (2007) or later.

Article 8. Purchase and sale control sheets for chemicals subject to special control

1. From January 01, 2026, within 10 days from the date of delivery, organizations trading in chemicals included in the List of chemicals subject to special control shall prepare purchase and sale control sheets for chemicals subject to special control in accordance with the form provided in Appendix IX to this Circular, through the identification and traceability system for chemicals subject to special control on the electronic identification and authentication platform managed by the Ministry of Public Security.

2. The Vietnam Chemicals Agency shall be responsible for ensuring infrastructure to receive the contents of purchase and sale control sheets for chemicals subject to special control into the specialized chemicals database, from the date on which the identification and traceability system for chemicals subject to special control is officially announced.

Article 9. Chemicals prohibited from use in the industry and trade sector

Chemicals prohibited from use in the industry and trade sector include banned chemicals as prescribed in the Law on Investment, unless otherwise permitted by competent agencies.

Article 10. Digital transformation in state management of chemicals

1. The specialized chemicals database shall include the following data:

a) Data on chemicals, chemical activities, the chemical industry, and hazardous chemicals in products and goods;

b) Data on the National Chemicals List and foreign chemicals lists recognized by competent state agencies of the Socialist Republic of Vietnam;

c) Data on the implementation of administrative procedures in the field of chemicals;

d) Data annually provided by organizations and individuals;

dd) Data on purchase and sale control sheets for chemicals subject to special control.

2. Information shall be shared on the specialized chemicals database according to the information-sharing form specified in Appendix XVI to this Circular.

3. Organizations and individuals conducting chemical activities shall update information on the specialized chemicals database, using the form specified in Appendix XVII to this Circular.

4. Information disclosure on types of chemicals and purposes of use of chemicals subject to special control on the specialized chemicals database shall comply with the form specified in Appendix XVIII to this Circular.

5. The Vietnam Chemicals Agency shall be responsible for building, operating, maintaining, updating, upgrading, and developing a complete and modern specialized chemicals database; ensuring information safety and cybersecurity; ensuring connectivity with public service portals of the Ministry of Industry and Trade and other relevant specialized databases; developing mechanisms for sharing and using information of the specialized chemicals database; and assuming the prime responsibility for developing functions for disclosure of information on concentrations of hazardous chemicals in products and goods, and functions for disclosure of types of chemicals and purposes of use of chemicals subject to special control on the specialized chemicals database.

6. The Vietnam E-commerce and Digital Economy Agency shall assume the prime responsibility for, and coordinate with the Vietnam Chemicals Agency in, developing functions for the grant, re-grant, modification, and revocation of certificates and licenses, including certificates of eligibility for production and trading of conditional chemicals, licenses for production, trading, export or import of chemicals subject to special control, and certificates of eligibility for provision of chemical storage services, via the public service system of the Ministry of Industry and Trade, and sharing and synchronizing data with the specialized chemicals database.

Article 11. Hazardous chemicals in products and goods for which no technical regulations are available

1. The List of hazardous chemicals in products and goods subject to information disclosure in industry and trade sector is issued in Appendix XIX to this Circular.

2. The Vietnam Chemicals Agency shall receive comments on the List specified in Clause 1 of this Article, review and assess the necessity thereof, and submit to the Minister of Industry and Trade for updating and supplementing the List of hazardous chemicals in products and goods subject to information disclosure within the scope of management of the latter.

Article 12. Effect

1. This Circular takes effect from January 17, 2026.

2. The Minister of Industry and Trade's Circular No. 32/2017/TT-BCT dated December 28, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals and the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals, and the Minister of Industry and Trade's Circular No. 17/2022/TT-BCT dated October 27, 2022, amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 32/2017/TT-BCT dated December 28, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals and the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals, cease to be effective from the effective date of this Circular.

3. Article 7 of the Minister of Industry and Trade's Circular No. 38/2025/TT-BCT dated June 19, 2025, amending and supplementing a number of provisions of decentralization in the implementation of administrative procedures in sectors under the Ministry of Industry and Trade's management, is hereby annulled.

4. Any difficulties arising in the course of implementation should be reported to the Ministry of Industry and Trade (via the Vietnam Chemicals Agency) for consideration, amendment and supplement or timely guidance./.

* All Appendices are not translated herein.