Law on Chemicals, No. 69/2025/QH15

LAW

On Chemicals^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Chemicals.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides chemicals and management of chemical activities; development of the chemical industry; chemical information; hazardous chemicals in products and goods; and safety and security in chemical-related activities.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Chemical means a substance or a mixture of substances which is/are natural or exploited or created by humans.

2. Substance means an element or a compound, including also impurities generated from processing activities; and additives necessary to preserve the stability of physical and chemical properties, excluding solvents which, upon being separated, do not change the properties of the substance.

3. Mixture of substances means a combination of two or more substances without a chemical reaction occurring under normal conditions.

4. Hazardous chemical means a chemical harmful to humans, physical facilities, property or the environment, and having at least one of the following hazardous properties according to classification principles set out by the head of the focal-point agency assisting the Government in performing the central-level state management of chemicals (below referred to as the head of the central-level state management agency in charge of chemicals).

5. Toxic substance means a chemical that, through its chemical effects on living processes, might cause fatality, temporary incapacitation or permanent injury to humans, based on specific criteria set by the Government.  

6. Product or goods containing hazardous chemical means a product or goods that, though used reasonably and properly, still pose a potential risk of causing harm to humans, physical facilities, property or the environment due to its chemical composition.

7. Basic chemical means a chemical used as a material, a fuel, an additive or a solvent in the process of producing another chemical or in the production process of economic sectors.

8. Petrochemical product means a chemical product from the process of oil refining or petroleum, natural gas, petroleum gas or coal processing, or a product created through chemical reactions using materials being products of the process of oil refining or petroleum, natural gas, petroleum gas or coal processing. Petrochemical products do not include products used as fuel or for energy generation.

9. Pharmacochemical product means a chemical used as a drug material and a material for manufacturing health supplements that is generated through chemical process, natural compound extraction process or biotechnological process.

10. Rubber products include synthetic rubber and products produced from natural rubber or synthetic rubber that are subject to specific technical requirements regarding molds and properties.

11. Chemical project means a construction investment project formed and implemented with the main objective of carrying out activities of producing and storing chemicals and products of the chemical industry.

12. Chemical facility means a location where one or more of activities of producing, trading in, storing and using chemicals and treating chemical wastes take(s) place.

13. Chemical work means a single construction work/technological line or multiple construction works/technological lines intended for carrying out activities of producing and storing chemicals and products of the chemical industry.

14. Chemical works complex means a collection of multiple chemical works or works involving chemical use activities, belonging to one project or different projects that are linked together in terms of technology, materials, fuel and/or products.

15. Specialized chemical industrial park means an industrial park specializing in producing products and providing services for chemical projects and chemical works; having an industrial land area reaching the minimum ratio set by the Government and used to attract chemical projects, chemical works and projects that use products of the chemical industry produced within the industrial park as materials, solvents or catalysts in the production process.

16. Chemical activities include chemical research, chemical testing, chemical production, chemical trading, chemical transportation, chemical storage, chemical use, chemical waste treatment, chemical destruction, and chemical disposal.

17. Chemical production covers the generation of chemicals through a chemical process or biotechnological process, preparation, isolation, concentration, distillation, extraction and purification; chemical processing; and chemical subdivision. Chemical production does not include unintended chemical emission.

18. Chemical trading covers the purchase, sale, exchange, lease, export and/or import of chemicals for supply on the market for the profit-making purpose.

19. Chemical use means the use of chemicals for the purpose of creating other products or goods; providing services; and serving national defense, security, healthcare, science and technology, or for other lawful purposes.

20. Chemical storage service means the activity of leasing physical facilities for chemical storage to other organizations or individuals.

21. Specialized Chemical Database means a collection of data on chemicals; chemical activities; the chemical industry; hazardous chemicals in products and goods; and safety and security in chemical activities.

22. Chemical safety means the application of regulations and measures aimed at preventing negative impacts on humans, physical facilities, property or the environment in chemical activities.

23. Chemical security means the application of regulations and measures aimed at preventing illegal possession and misuse of chemicals and chemical equipment, thereby maintaining a stable and safe state without signs of danger or threats to the existence and normal development of organizations, individuals or the society.

24. Event of chemical hazards means a situation involving fire, explosion, leakage or release of harmful chemicals or potentially harmful chemicals for humans, physical facilities, property or the environment.

Article 3. Prohibited acts

1. Appropriating chemicals; producing, trading in, transporting, storing, using, purchasing, selling, exchanging, donating, consigning, borrowing, renting, lending or pledging chemicals in contravention of law.

2. Appropriating, purchasing, selling, exchanging, donating, borrowing, lending, renting, leasing, pledging, counterfeiting, tampering or erasing chemical-related licenses, letters of confirmation or certificates.

3. Failing to provide information or intentionally providing inadequate, untimely and false information on hazardous properties of chemicals, and products and goods containing hazardous chemicals; the loss or wastage of hazardous chemicals; and events of chemical hazards.

4. Using chemicals of unknown origin, chemicals banned from use for the production, trading and preservation of food, drugs, drug materials, cosmetics, animal feed, aquatic animal feed, veterinary drugs, pesticides, fertilizers or consumer chemical products.

5. Producing or importing products or goods that have a hazardous chemical content not compliant with this Law which seriously affect humans, physical facilities, property or the environment.

6. Abusing one’s position, powers and profession to commit acts violating the law on chemical management.

7. Producing, trading or using chemicals that seriously affect humans, physical facilities, property or the environment; infringe upon the national security, chemical security, or social order and safety; and lawful rights and interests of agencies, organizations and individuals.

Chapter II

DEVELOPMENT OF THE CHEMICAL INDUSTRY

Article 4. Strategies for development of the chemical industry

1. An approved strategy for development of the chemical industry serves as a basis for formulating orientations for development of sectors with advantages of a region and plans on development, arrangement, selection and distribution of development resources in the region that are included in the regional master plan; formulating orientations for development of important sectors in the province, selecting plans on organization of socio-economic activities, and formulating plans on development of the system of economic zones, industrial parks, export processing zones and hi-tech parks in the province that are included in the provincial master plan; and deciding on or approving investment policy for chemical projects.

2. A strategy for development of the chemical industry must meet the following requirements:

a/ Complying with the State’s policies on chemical activities, this Law and other relevant laws;

b/ Conforming to the national socio-economic development strategy and overall master plan;

c/ Ensuring national defense and security, environmental protection and sustainable development.

3. A strategy for development of the chemical industry must have the following principal contents:

a/ Viewpoints, objectives, and orientations for the development of the chemical industry, and fields prioritized for development in each period;

b/ Orientations for formation of specialized chemical industrial parks as suitable to local natural and socio-economic conditions and meeting chemical safety requirements;

c/ Tasks and solutions to realize the viewpoints, objectives and orientations for development of the chemical industry.

4. A strategy for development of the chemical industry shall be formulated for a 10-year period, with a 30-year vision, and approved and adjusted by the Prime Minister.

5. The Government shall detail this Article.

Article 5. Chemical projects

1. The investment in chemical projects and construction of chemical works must comply with this Law, the Law on Investment, the Law on Public Investment, the Law on Construction, and other relevant laws.

2. Owners of chemical projects have the following obligations:

a/ To comply with Clause 1 of this Article;

b/ To select and use technologies meeting safety and environmental standards, efficiently use natural resources, mitigate the use of hazardous chemicals, and reduce chemical wastes;

c/ To formulate and implement plans on prevention of and response to events of chemical hazards or prevention and response measures for events of chemical hazards as specified in Section 2, Chapter VI of this Law;

d/ To apply the set of rules in engineering and selecting technologies, equipment and processes for production, use and disposal of chemicals in order to mitigate or eliminate the use and creation of hazardous chemicals (below referred to as green chemistry principles).

3. For chemical projects governed by technical regulations on safety distances specified in Clause 2, Article 35 of this Law, in the course of deciding on or approving investment policy, competent agencies shall assess the compliance of locations of chemical projects with the regulations on safety distances.

4. Construction investment feasibility study reports and construction investment techno-economic reports of chemical projects must comply with the Law on Construction and have the following contents:

a/ Compliance with technical regulations and regulations on chemical safety;

b/ Green chemistry principles applied in the engineering and selection of technologies and equipment.

5. The Government shall detail Point d, Clause 2; and Clauses 3 and 4, of this Article.

Article 6. Key chemical industry sectors

1. Key chemical industry sectors include:

a/ Production of key chemical industry products, including basic chemical products specified in Clause 2 of this Article; petrochemical products; pharmacochemical products; rubber products, except tires and inner tubes; high-content fertilizers; and hydrogen and ammonia produced with renewable energy sources;

b/ Investment in specialized chemical industrial parks;

c/ Investment in chemical works complexes with the main objective of producing chemicals and products of the chemical industry;

d/ Investment in chemical projects that are eligible for special investment incentives or supports as provided by the Law on Investment.

2. The Government shall promulgate the List of basic chemicals in the key chemical industry sectors based on one of the following criteria:

a/ Basic chemicals that are used in various sectors or fields but cannot be produced domestically or of which domestic production does not meet the demand;

b/ Basic chemical products produced from mineral processing.

3. Investment projects in the fields specified at Points a, b and c, Clause 1 of this Article with investment capital amounts and disbursement schedules regulated by the Government are entitled to special investment incentives and supports as provided by the Law on Investment and other relevant laws.

Article 7. Specialized chemical consultancy activities

Specialized chemical consultancy activities on the List of conditional business investment sectors and professions include:

1. Construction consultancy for chemical projects, covering preparation of construction designs, verification of construction designs, work construction supervision, equipment installation supervision, project management, and construction valuation;

2. Consultancy on selection of technologies and equipment for chemical projects;

3. Consultancy on chemical safety and security, covering formulation of prevention and response plans for events of chemical hazards and prevention and response measures for events of chemical hazards; organization of maneuvers to respond to events of chemical hazards; specialized chemical safety drills; classification and labeling of chemicals; making of material safety data sheets; and registration of new chemicals.

Article 8. Conditions for provision of specialized chemical consultancy   

1. An organization that wishes to carry out specialized chemical consultancy activities specified in Clause 1, Article 7 of this Law must satisfy the following conditions:

a/ Being established in accordance with law;

b/ Having the capacity for construction activities in accordance with the construction law;

c/ Having at least 1 individual engaged in consultancy activities who satisfies the following conditions: possessing a bachelor’s degree or equivalent or higher degree in chemistry, and having appropriate working experience in the field relevant to specialized chemical consultancy activities.  

2. An organization that wishes to carry out specialized chemical consultancy activities specified in Clause 2 or 3, Article 7 of this Law must satisfy the following conditions:

a/ Being established in accordance with law;

b/ Having a team of consultants who satisfy the conditions specified in Clause 3 of this Article, with an appropriate number;

c/ Having necessary equipment and technical devices meeting requirements of consultancy activities.

3. An individual who wishes to carry out specialized chemical consultancy activities specified in Clause 2 or 3, Article 7 of this Law must possess a specialized chemical consultant certificate. Conditions for an individual to be issued a specialized chemical consultant certificate by the competent agency specified in Clause 5 of this Article:

a/ Possessing a bachelor’s degree or equivalent or higher degree in chemistry;

b/ Having appropriate working experience in the field relevant to specialized chemical consultancy activities.  

4. A specialized chemical consultant certificate is valid for 5 years from the date of issuance.

5. The Government shall detail Clauses 1, 2 and 3 of this Article; specify contents of specialized chemical consultant certificates; and specify the order, procedures and competence for issuance, re-issuance, modification or revocation of specialized chemical consultant certificates.

Chapter III

MANAGEMENT OF CHEMICAL ACTIVITIES 

Article 9. Scope of, and requirements for, conditional chemicals, chemicals subject to special control, and banned chemicals  

1. Scope of, and requirements for, conditional chemicals:

a/ Conditional chemicals include hazardous substances and mixtures of hazardous substances on the Government-promulgated List of chemicals subject to conditional production and trading;

b/ Chemical activities involving conditional chemicals must comply with this Law’s provisions on safety and environmental protection and relevant regulations.

2. Scope of, and requirements for, chemicals subject to special control:

a/ Chemicals subject to special control include hazardous substances and mixtures of hazardous substances on the Government-promulgated List of chemicals subject to special control, including chemicals subject to control for the implementation of treaties to which the Socialist Republic of Vietnam is a contracting party; and potentially harmful chemicals for national defense, security, social safety, humans, physical facilities, property or the environment;

b/ Chemical activities involving chemicals subject to special control must comply with this Law’s provisions on safety and environmental protection of this Law and relevant regulations; must have scope, type, scale and duration compliant with production and trading licenses; and be subject to use purpose control;

c/ Organizations and individuals that produce, trade in, store, transport or use chemicals subject to special control are obliged to strictly control quantities of such chemicals; prevent and combat loss of chemicals or events of chemical hazards; and comply with treaties on chemicals to which the Socialist Republic of Vietnam is a contracting party.

3. Scope of, and requirements for, banned chemicals:

a/ Banned chemicals are hazardous chemicals on the List of banned chemicals and minerals promulgated in accordance with the Law on Investment;

b/ Organizations and individuals may not carry out chemical activities involving banned chemicals, except the case specified at Point c of this Clause;

c/ Organizations may produce, import, use, transport or store banned chemicals for the purposes specified in the Law on Investment, the Law on Foreign Trade Management and other relevant laws; and may export banned chemicals in the case specified at Point a, Clause 5, Article 12 of this Law;

d/ Organizations that produce, import, use or store banned chemicals shall compile monitoring books under regulations of ministries and ministerial-level agencies; and strictly manage quantities of banned chemicals, thus preventing loss of chemicals or events of chemical hazards;

dd/ Organizations and individuals may not carry out temporary import, re-export, temporary export, re-import, border-gate transfer and transit of banned chemicals.

Article 10. Production of chemicals

1. An organization that wishes to produce chemicals must satisfy the following conditions:

a/ Being established in accordance with law;

b/ Having adequate legal documentation, safety documents, physical and technical facilities, and professional capacity meeting the requirements for performance of chemical production activities;

c/ Complying with Articles 33 and 35 of this Law;

d/ Organizations that produce conditional chemicals, chemicals subject to special control or banned chemicals must possess certificates of eligibility for production of conditional chemicals, licenses for production of chemicals subject to special control or licenses for production of banned chemicals specified in Clause 2, 3 or 4 of this Article.

2. Certificates of eligibility for production of conditional chemicals shall be issued by provincial-level People’s Committees to chemical producers that satisfy the conditions specified in Clause 1 of this Article, and must meet the requirements specified at Point b, Clause 1, Article 9 of this Law.

A certificate of eligibility for production of conditional chemicals is valid for 5 years from the date of issuance. Provincial-level People’s Committees may re-issue, modify or revoke certificates of eligibility for production of conditional chemicals.

3. Licenses for production of chemicals subject to special control shall be issued by ministries or ministerial-level agencies to chemical producers that satisfy the conditions specified in Clause 1 of this Article, and must meet the requirements specified at Point b or c, Clause 2, Article 9 of this Law.

A license for production of chemicals subject to special control is valid for 5 years from the date of issuance. Ministries or ministerial-level agencies may re-issue, modify or revoke licenses for production of chemicals subject to special control.

4. Licenses for production of banned chemicals shall be issued by competent agencies or persons in the case specified at Point c, Clause 3, Article 9 of this Law when chemical producers satisfy the conditions specified in Clause 1 of this Article, and must comply with Point d, Clause 3, Article 9 of this Law.

A license for production of banned chemicals is valid for 12 months from the date of issuance.

5. The Government shall detail this Article; and specify the revocation of licenses for production of banned chemicals.

Article 11. Chemical trading

1. An organization that wishes to trade in chemicals must satisfy the following conditions:

a/ Being established in accordance with law;

b/ Having adequate legal documentation, safety documents, physical and technical facilities and professional capacity meeting the requirements for performance of chemical trading activities;

c/ Complying with Article 33 of this Law;

d/ For conditional chemicals or chemicals subject to special control, possessing a certificate of eligibility for production of conditional chemicals or license for production of chemicals subject to special control specified in Clause 2 or 3 of this Article.

2. Certificates of eligibility for trading in conditional chemicals shall be issued by provincial-level People’s Committees to chemical traders that satisfy the conditions specified in Clause 1 of this Article, and must meet the requirements specified at Point b, Clause 1, Article 9 of this Law.

A certificate of eligibility for trading in conditional chemicals is valid for 5 years from the date of issuance. Provincial-level People’s Committees may re-issue, modify or revoke certificates of eligibility for trading in conditional chemicals.

3. Licenses for trading in chemicals subject to special control shall be issued by ministries or ministerial-level agencies to chemical traders that satisfy the conditions specified in Clause 1 of this Article, and must meet the requirements specified at Point b or c, Clause 2, Article 9 of this Law.

A license for trading in chemicals subject to special control is valid for 5 years from the date of issuance. Ministries or ministerial-level agencies may re-issue, modify or revoke licenses for trading in chemicals subject to special control.

4. Organizations and individuals that purchase and sell chemicals subject to special control shall make purchase and sale control sheets for chemicals subject to special control under Article 17 of this Law and have purchaser and seller data authenticated according to the roadmap set by the Government.

5. The Government shall detail this Article.

Article 12. Import, export, temporary import, re-export, temporary export, re-import, border-gate transfer, transit, and other activities related to international trade in goods regarding chemicals

1. The import, export, temporary import, re-export, temporary export, re-import, border-gate transfer, transit, and other activities related to international trade in goods regarding chemicals must comply with this Law, the Law on Foreign Trade Management and other relevant laws.

2. Cases eligible for export or import of conditional chemicals:

a/ Conditional chemical producers may export the conditional chemicals they produce under certificates of eligibility for production of conditional chemicals;

b/ Conditional chemical traders may import or export the chemicals under certificates of eligibility for trading in conditional chemicals for business purposes;

c/ Chemical users may import conditional chemicals to meet their use needs.

3. Cases eligible for export or import of chemicals subject to special control:

a/ Producers of chemicals subject to special control may export the chemicals they produce under licenses for production of chemicals subject to special control and licenses for export of chemicals subject to special control;

b/ Traders of chemicals subject to special control may export or import the chemicals under licenses for trading in chemicals subject to special control and licenses for export of chemicals subject to special control or licenses for import of chemicals subject to special control for business purposes;

c/ Users of chemicals subject to special control that have declared chemical types and use purposes on the Specialized Chemical Database may import chemicals subject to special control under licenses for import of chemicals subject to special control to meet their use needs.

4. Licenses for export of chemicals subject to special control and licenses for import of chemicals subject to special control:

a/ Competent agencies shall issue, re-issue, modify, extend and revoke licenses for export of chemicals subject to special control or licenses for import of chemicals subject to special control;

b/ A license for export of chemicals subject to special control or a license for import of chemicals subject to special control may be issued for each export invoice or import invoice and is valid for 6 months from the date of issuance;

c/ A license for export of chemicals subject to special control or a license for import of chemicals subject to special control may be extended in case the validity duration stated in the license has expired but the exportation or importation has not yet been carried out or completed. The license may be extended only once for up to 6 months from the date of extension.

5. Export and import of banned chemicals:

a/ The export of banned chemicals may only be carried out in case the importer of banned chemicals has not used them up upon the expiration of the use duration stated in the issued license for import of banned chemicals and must comply with Clause 1 of this Article and the relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

If failing to export banned chemicals, the importer of banned chemicals shall destroy them in accordance with this Law, the law on environmental protection, the law on occupational safety, and other relevant laws.

After obtaining approval of the competent agency, the importer of banned chemicals shall notify such to the agency that has issued the license for import of banned chemicals, for proceeding with export or destruction thereof;

b/ The import of banned chemicals shall be carried out under licenses for import of banned chemicals issued by the competent agency;

c/ An organization may only import banned chemicals according to the license for import of banned chemicals for the purpose specified in the Law on Investment, the Law on Foreign Trade Management, and other relevant laws. The import of banned chemicals must meet the following conditions: having adequate legal documentation, physical and technical facilities and professional capacity meeting requirements for storage, transportation and use of banned chemicals;

d/ Importers of banned chemicals shall comply with the provisions on use of banned chemicals at Point d, Clause 3, Article 9, and in Clause 3, Article 15, of this Law;

dd/ A license for import of banned chemicals shall be issued for each import shipment and is valid for 6 months from date of issuance.

6. Chemical importers shall declare imported chemicals, except the following cases in which:

a/ Importers of chemicals subject to special control are exempt from declaring imported chemicals;

b/ Importers of banned chemicals are exempt from declaring imported chemicals;

c/ Other cases of exemption as specified by the Government.

7. The Government shall detail this Article.

Article 13. Transportation of chemicals

1. If an incident occurs in the course of chemical transport, vehicle operators, goods owners and vehicle owners shall immediately take necessary measures to minimize and remedy consequences and pay compensation for damage.

2. Transporters of hazardous chemicals shall comply with the provisions on transportation of hazardous goods of the laws on roads, and road, inland waterway, railway, air and maritime traffic order and safety and the requirements specified in Clause 1 of this Article; Article 33; and Point c, Clause 1, Article 38, of this Law, and relevant regulations. Upon the occurrence of an incident, transporters of hazardous chemicals shall immediately notify the incident to the People’s Committee and civil defense command post in the nearest place.

3. The transportation of chemicals subject to special control must comply with Clauses 1 and 2 of this Article; and Points b and c, Clause 2, Article 9, of this Law.

4. The transportation of banned chemicals must comply with Clauses 1 and 2 of this Article; and Point c, Clause 3, Article 9, of this Law. Transporters of banned chemicals have the following obligations:

a/ To check chemical safety and security conditions before departure and after every stoppage or parking of vehicles transporting banned chemicals;

b/ To fully carry out procedures for delivering and receiving goods and documents related to banned chemicals;

c/ To refrain from stopping or parking vehicles transporting banned chemicals in crowded places, residential areas, areas adjacent to filling stations, or locations of important national defense, security, economic, cultural or foreign affairs works. When it is necessary to stop or park vehicles transporting banned chemicals overnight or due to incidents, to immediately notify such to the military agency or public security agency in the nearest place for coordinated protection.

Article 14. Storage of chemicals

1. Organizations and individuals that store chemicals have the following obligations:

a/ To meet the requirements specified in Articles 33, 35, 36, 37, 38, 39, 40 and 41 of this Law;

b/ To provide warning information at places where hazardous chemicals are stored, internal rules on chemical safety, and signaling systems appropriate to the degree of hazards of chemicals in hazardous chemical storage areas. For a chemical that has different hazardous properties, the warning symbol must fully express those hazardous properties;

c/ To have equipment and means for incident response appropriate to hazardous properties of chemicals.

2. Storage of conditional chemicals:

a/ The storage of conditional chemicals must comply with Clause 1 of this Article; and Point b, Clause 1, Article 9, of this Law;

b/ Organizations and individuals must have storehouses for storing conditional chemicals or may use chemical storage services of organizations that possess certificates of eligibility for provision of chemical storage services issued by the competent agency under Clause 5 of this Article.

3. Storage of chemicals subject to special control:

a/ The storage of chemicals subject to special control must comply with Clause 1 of this Article; and Points b and c, Clause 2, Article 9, of this Law;

b/ Chemicals subject to special control shall be managed, safely stored, and protected against loss and damage;

c/ Organizations and individuals must have storehouses for storing chemicals subject to special control or may use chemical storage services of organizations that possess certificates of eligibility for provision of chemical storage services issued by the competent agency under Clause 5 of this Article.

4. Storage of banned chemicals:

a/ The storage of banned chemicals must comply with Clause 1 of this Article; and Point c, Clause 3, Article 9, of this Law;

b/ Banned chemicals shall be managed, safely stored, and protected against loss and damage;

c/ Banned chemicals shall be stored in separate storehouses or in isolated areas of chemical storehouses;

d/ Organizations that store banned chemicals shall compile monitoring books under Point d, Clause 3, Article 9 of this Law.

5. Providers of chemical storage services for chemicals subject to special control or conditional chemicals must possess certificates of eligibility for provision of chemical storage services issued when satisfying the following conditions:

a/ The conditions specified in Clause 1 of this Article; Point b, Clause 1; and Points b and c, Clause 2, Article 9, of this Law;

b/ Having adequate legal documentation, safety documents, physical and technical facilities and professional capacity meeting the requirements for storage.

6. A certificate of eligibility for provision of chemical storage services is valid for 5 years from the date of issuance.

7. The Government shall detail Points b and c, Clause 1 of this Article; specify contents of certificates of eligibility for provision of chemical storage services; and specify conditions, order, procedures and competence for issuance, re-issuance, modification and revocation of certificates of eligibility for provision of chemical storage services.

Article 15. Use of chemicals

1. Chemical users must satisfy security, order, fire prevention and fighting, food safety, and environmental protection conditions, and the requirements on assurance of safety in chemical use activities specified in Article 33 of this Law.

2. Use of chemicals subject to special control:

a/ The use of chemicals subject to special control must comply with Clauses 1 and 4 of this Article; and Points b and c, Clause 2, Article 9, of this Law;

b/ Users of chemicals subject to special control are obliged to declare types and use purposes of chemicals on the Specialized Chemical Database before the first use or before repurposing of chemicals.

3. Use of banned chemicals:

a/ Organizations that use banned chemicals must be those established in accordance with law; and carry out special activities involving the use of banned chemicals for the purposes specified in the Law on Investment, the Law on Foreign Trade Management and other relevant laws;

b/ Organizations that use banned chemicals shall comply with Clause 1 of this Article; and Point d, Clause 3, Article 9 of this Law.

4. Depending on management requirements, ministers and heads of ministerial-level agencies shall specify chemicals banned from use within sectors and fields under their management.

5. The Government shall detail Point b, Clause 2 of this Article.

Article 16. Treatment of wastes from chemical activities

1. Organizations and individuals that carry out chemical activities shall treat chemical wastes, packaging and containers generated/discarded from chemical activities and other utilities related to chemical use that contain hazardous, flammable, explosive, corrosive or toxic elements or have hazardous properties likely to cause environmental pollution and other hazardous properties as specified by this Law, the law on environmental protection, the law on occupational safety, and other relevant laws.

2. Organizations and individuals that treat industrial wastes from chemical activities shall comply with Clause 1 of this Article, and Article 33, of this Law.

Article 17. Control of purchase and sale of chemicals subject to special control

1. Organizations trading in chemicals on the List of chemicals subject to special control shall make bills for control of the purchase and sale of chemicals subject to special control for each time of delivery.

2. Organizations trading in chemicals on the List of chemicals subject to special control may only sell chemicals subject to special control to:

a/ Organizations possessing licenses for trading in chemicals subject to special control;

b/ Organizations and individuals using chemicals subject to special control and having declared chemical types and use purposes on the Specialized Chemical Database.

3. The head of the central-level state management agency in charge of chemicals shall specify forms, time limit, method and schedule of making bills for control of the purchase and sale of chemicals subject to special control on the Specialized Chemical Database.

Article 18. Exemption from certificates of eligibility for production or trading of conditional chemicals; licenses for production, trading, export or import of chemicals subject to special control; licenses for production or import of banned chemicals; or certificates of eligibility for provision of chemical storage services

1. Cases of exemption from certificates of eligibility for production or trading of conditional chemicals; licenses for production, trading, export or import of chemicals subject to special control; licenses for production or import of banned chemicals; or certificates of eligibility for provision of chemical storage services:

a/ Mixtures of substances containing the substances on the list promulgated by the Government under Point a, Clause 1; or Point a, Clause 2, Article 9 of this Law which are classified as low-hazard substances;

b/ Cases of subdivision or preparation of chemicals to directly serve internal production activities of organizations that carry out subdivision or preparation activities;

c/ Other cases as specified by the Government.

2. The Government shall detail Clause 1 of this Article.

Article 19. Revocation of certificates of eligibility for production or trading of conditional chemicals; licenses for production, trading, export or import of chemicals subject to special control; licenses for production or import of banned chemicals; or certificates of eligibility for provision of chemical storage services

1. A certificate of eligibility for production or trading of conditional chemicals; a license for production, trading, export or import of chemicals subject to special control; a license for production or import of banned chemicals; or a certificate of eligibility for provision of chemical storage services shall be revoked in the following cases:

a/ The license/certificate holder terminates its chemical activities on its own and sends a written request for revocation to the license-/certificate-issuing agency;

b/ The enterprise registration certificate, the business household registration certificate or the paper of equivalent legality has been revoked or the organization as holder of the license/certificate has been dissolved or gone bankrupt in accordance with law; or the individual as holder of the license/certificate has died or been declared dead by the court;

c/ The dossier for issuance, re-issuance or modification of the license/certificate contains false information or forged papers;

d/ The license/certificate has been granted ultra vires or to ineligible subjects, or has unlawful contents;

dd/ The license/certificate is purchased, sold, exchanged, donated, borrowed, lent, rented, leased, put for pledge, counterfeited or erased;

e/ The license/certificate holder fails to take acts at the request of the competent state agency to fully satisfy the conditions for chemical activities in the course of carrying out chemical activities;

g/ The license/certificate is revoked under a legally effective court judgment or ruling.

2. The Government shall specify the order and procedures for revocation of a license or certificate specified in Clause 1 of this Article.

Chapter IV

CHEMICAL INFORMATION

Article 20. Registration of new chemicals

1. New chemical is a chemical not yet included in the National Chemical List and foreign chemical lists recognized by competent state agencies of Vietnam. New chemicals may only be put into use and circulation on the market after being registered with competent state agencies.

2. Dossier for registration of a new chemical must comprise:

a/ An application for registration of a new chemical;

b/ Results of the assessment of the new chemical, including information on its physical and chemical characteristics and hazardous properties, provided by the organization assessing new chemicals specified in Article 21 of this Law.

A dossier for registration of a new chemical for use for scientific research, national defense, security, or disaster and epidemic prevention and control purpose, and information specified at this Point shall be supplemented within 5 years from the date of registration.

3. The Government shall provide the roadmap for formulation of the National Chemical List and recognition of foreign chemical lists; specify the order and procedures for registration of new chemicals referred to in Clause 1 of this Article; and detail Clause 2 of this Article.

Article 21. Organizations assessing new chemicals

1. Organizations assessing new chemicals include:

a/ Conformity assessment organizations that are qualified for assessment of new chemicals and designated by the competent state agency;

b/ Foreign testing organizations that are recognized by the member states of the Organization for Economic Cooperation and Development (OECD) for chemical assessment;

c/ Testing organizations of countries that have concluded agreements on mutual recognition of conformity assessment results with the Socialist Republic of Vietnam.

2. The Government shall detail Clause 1 of this Article.

Article 22. Management of new chemicals 

1. After being registered with the competent state agency, new chemicals shall be classified and managed like chemicals subject to special control.

2. Within 5 years after a new chemical is registered, the organization or individual engaged in chemical activities related to the new chemical shall annually update information and data on activities involving the new chemical to the Specialized Chemical Database.

3. Based on results of the assessment of the new chemical and the report on activities involving the new chemical within 5 years after the new chemical is registered, the competent state agency shall assess the degree of chemical safety and security risks before proposing the Government to consider and decide on an appropriate management method, and notify thereof to the organization or individual having the new chemical registered.

4. The Government shall detail this Article.

Article 23. Classification and labeling of chemicals

1. Chemical producers and importers are obliged to classify and label chemicals before putting them into use or circulation on the market; shall take responsibility before law for chemical classification results and information displayed on chemical labels.

2. The classification of chemicals must follow the principles and technical guidance of the Global Harmonized System (GHS) of Classification and Labeling of Chemicals and comply with detailed regulations of the head of the central-level state management agency in charge of chemicals.

3. The labeling of chemicals must comply with regulations on goods labels.

4. The labeling of hazardous chemicals must comply with Clause 3 of this Article and the GHS of Classification and Labeling of Chemicals.

5. Upon detecting new hazardous properties of a chemical not yet shown in chemical classification information, an organization or individual engaged in chemical activities shall promptly notify such to the producer or importer of such chemical for carrying out chemical classification and labeling again under regulations of the head of the central-level state management agency in charge of chemicals.

Article 24. Chemical packaging and containers and chemical packaging activities

Chemical packaging and containers and chemical packaging activities must satisfy the following requirements:

1. Requirements on chemical classification and labeling specified in Article 23 of this Law;

2. Complying with the national technical regulations and other relevant regulations, thus preventing chemical leakage and loss in the course of transportation and storage;

3. Imported chemical packaging and containers must comply with recommendations and requirements of producers;

4. Chemical packaging and containers must avoid being neither corroded nor damaged by the chemicals.

Article 25. Material safety data sheets

1. Producers and importers of hazardous chemicals shall make material safety data sheets when importing chemicals, and before putting chemicals into use or circulation on the market, and take responsibility before law for information displayed in material safety data sheets.

2. Sellers of hazardous chemicals are obliged to provide material safety data sheets to chemical purchasers. Purchasers of hazardous chemicals are obliged to request chemical sellers to provide material safety data sheets, and keep material safety data sheets at chemical storage places.

3. Producers and importers of hazardous chemicals are obliged to modify or supplement material safety data sheets upon the occurrence of a change in contents of such sheets or detection of new hazardous properties of chemicals before continuing to circulate them on the market or putting them into use.

4. The head of the central-level state management agency in charge of chemicals shall provide detailed contents of material safety data sheets and model material safety data sheets.

Article 26. Information confidentiality 

1. Organizations and individuals that declare, register, report and update information, and update data in accordance with this Law may request information-receiving organizations and individuals to ensure confidentiality of information related to technological know-how and trade secrets and other confidential information in accordance with law, except the case specified in Clause 2 of this Article. Organizations and individuals that request confidentiality are obliged to provide relevant information and documents to the competent state agency for assessment of conformity of information confidentiality requests.

2. Information not eligible for being kept confidential includes:

a/ Trade names of chemicals;

b/ Names of chemical producers and importers; and organizations and individuals specified in Clause 5, Article 29 of this Law;

c/ Material safety data sheets specified in Article 25 of this Law;

d/ Information serving prevention of and response to events of chemical hazards; prevention and mitigation of adverse impacts of chemical toxicity; warnings for use of and contact with chemicals, and initial response to events of chemical hazards;    

dd/ Analysis methods for determination of possibility of chemical exposure to humans and the environment; and summarization of results of chemical toxicity tests; 

e/ Purity of mixtures of substances and degree of hazards of additives and impurities.

3. Agencies and persons receiving information from organizations and individuals specified in Clause 1 of this Article shall provide confidential information at the request of the competent state agency in accordance with law.

4. The Government shall detail this Article.

Article 27. Storage of information on hazardous chemicals

1. Organizations and individuals engaged in chemical activities shall create and regularly update and store information on hazardous chemicals in their chemical activities and keep dossiers for at least 3 years from the date of termination of activities related to such chemicals.

2. Information that need to be stored includes scientific names and trade names of chemicals; chemical production, import, use and disposal volumes; chemical use purposes; hazard classification on the basis of the GHS of Classification and Labeling of Chemicals; information relating to events of chemical hazards and chemical safety at facilities engaged in chemical activities.

3. In case a facility engaged in chemical activities has multiple branches, data and information on hazardous chemicals must include all relevant information specified in Clause 2 of this Article for the facility and its branches.

Article 28. Obligation to provide information

1. Organizations and individuals engaged in chemical activities are obliged to provide adequate, prompt and accurate information at the request of competent agencies for:

a/ Responding to events of chemical hazards occurring in chemical activities;

b/ Serving the prevention of natural catastrophes that are likely to cause events of chemical hazards in chemical activities;

c/ Serving the investigation and survey for the formulation of the strategy for development of the chemical industry and plans on development of the chemical industry;

d/ Serving the inspection, examination, supervision, and handling of violations in chemical activities.

2. Organizations and individuals engaged in chemical activities are obliged to provide adequate and accurate information on content of hazardous chemicals in chemicals and products and goods containing hazardous chemicals to the competent agencies and users.

3. Ministries and ministerial-level agencies shall provide information on hazardous chemicals in the fields under their management upon request to serve the cure and treatment of persons affected by events of chemical hazards.

4. The Government shall detail this Article.

Article 29. Digital transformation in state management of chemicals

1. The State shall promote comprehensive digital transformation in order to improve the effectiveness and efficiency of the state management of chemicals, ensuring publicity, transparency, interoperability, synchronism and timeliness in information and data collection, processing, exploitation and sharing.

2. The central-level state management agency in charge of chemicals shall publicize, operate, upgrade and regularly update, and ensure information security and cybersecurity for, the specialized chemical database; and formulate a mechanism for sharing and use of information of the specialized chemical database.

3. The specialized chemical database shall be used to serve the storage, management, updating and uniform integration of data on chemicals, chemical activities, the chemical industry, hazardous chemicals in products and goods, safety and security in chemical activities, the National Chemical List, foreign chemical lists recognized by the competent state agency of the Socialist Republic of Vietnam, and other data as specified by the head of the central-level state management agency in charge of chemicals.

4. The specialized chemical database shall be designed to ensure its ability to integrate, interoperate and share information with relevant national information systems and specialized information systems in accordance with law. Information on the specialized chemical database may be exploited and used by competent state agencies as decentralized or delegated to serve the state management work, investigation, and handling of violations.  

5. Agencies, organizations and individuals shall update information and data to the specialized chemical database in a full, accurate and timely manner.

6. Competent state agencies shall synchronize and share data on chemicals on the specialized chemical database.

7. The access to, exploitation and use of, data on the specialized chemical database shall be carried out intra vires, for proper purposes and in accordance with the regulations on protection of state secrets, protection of personal data, and assurance of information security and cybersecurity.

8. The State shall provide resources for investment in, building, operation, maintenance and development of, the specialized chemical database; ensure information security, cybersecurity and data connectivity and sharing with relevant national information systems and specialized information systems in accordance with law.

9. The Government shall detail this Article.

Article 30. Chemical advertising

1. Chemical advertising activities must comply with the law on advertising for special products, goods and services.

2. Advertising of hazardous chemicals must comply with Clause 1 of this Article. Contents of advertisements for hazardous chemicals must include warning information on hazardous properties of chemicals and instructions for prevention of chemical harms.

Chapter V

HAZARDOUS CHEMICALS IN PRODUCTS AND GOODS

Article 31. General provisions on hazardous chemicals in products and goods

1. Hazardous chemicals in products and goods governed by technical regulations must comply with this Law, the Law on Standards and Technical Regulations, the Law on Product and Goods Quality, and other relevant laws.

2. For hazardous chemicals in products and goods not yet governed by technical regulations, ministers and heads of ministerial-level agencies shall promulgate the Lists of hazardous chemicals in products and goods subject to information disclosure in the fields under the state management by their ministries or agencies.

3. Producers of products and goods containing hazardous chemicals on the Lists of hazardous chemicals in products and goods specified in Clause 2 of this Article are obliged to formulate the process of controlling hazardous chemicals in production processes under the Government’s regulations.

4. Producers and importers of products and goods specified in Clauses 1 and 2 of this Article are obliged to disclose information on content of hazardous chemicals in products and goods under Article 32 of this Law and relevant regulations.

5. Testing laboratories in charge of determination of content of hazardous chemicals in products and goods shall register their testing operation in accordance with the law on product and goods quality.

6. Ministries, ministerial-level agencies, provincial-level People’s Committees and competent agencies shall, within the ambit of their tasks and powers, inspect and examine the implementation of the regulations on management of hazardous chemicals in products and goods by organizations and individuals.

7. The Government shall detail this Article.

Article 32. Disclosure of information on content of hazardous chemicals in products and goods

1. Producers and importers of products and goods containing hazardous chemicals specified in Clauses 1 and 2, Article 31 of this Law are obliged to disclose information on content of hazardous chemicals in their products and goods before putting them into circulation on the market on the specialized chemical database; and publicize information on their portals or websites or at places where products and goods are provided to purchasers.

2. Sellers of products and goods containing hazardous chemicals are obliged to provide relevant information and documents to purchasers and produce them at the request of competent agencies.

3. The Government shall provide in detail methods of disclosure and to-be-disclosed information on content of hazardous chemicals in products and goods.

Chapter VI

CHEMICAL SAFETY AND SECURITY

Section 1

REQUIREMENTS ON ASSURANCE OF SAFETY AND SECURITY IN CHEMICAL ACTIVITIES

Article 33. Assurance of safety and security in chemical activities

1. Organizations and individuals engaged in chemical activities must meet the requirements on physical and technical facilities concerning chemical safety and security.

2. Organizations and individuals engaged in chemical activities shall assign persons in charge of chemical safety who have appropriate professional qualifications.

3. Workers involved in chemical activities shall be trained in specialized chemical safety and equipped with personal protective equipment appropriate to their assigned tasks.

4. The provisions of Clauses 2 and 3 of this Article are not applicable to the use of chemicals for essential consumption and daily living purposes.

5. The Government shall detail this Article.

Article 34. Obligations of organizations and individuals to ensure chemical safety and security

1. To maintain chemical safety and security conditions as specified in this Law and other relevant laws in the course of carrying out chemical activities.

2. To periodically check, maintain, repair and inspect machines and equipment for operating safety and waste treatment systems, and means in accordance with law.

3. Other obligations as specified in this Law and other relevant laws.

Article 35. Safety distances

1. Safety distance is a distance required from a chemical facility to residential areas, public works, national defense works, military zones, security works, cultural-historical relics, scenic places, protected areas, and areas for exploitation of water sources for domestic use, in order to minimize negative impacts on humans, physical facilities, property and the environment under normal operation conditions.

2. Chemical facilities must ensure safety distances in accordance with the relevant technical regulations.

3. Organizations and individuals may not build housing or other works within the safety distance specified in Clause 1 of this Article, except special-purpose works as specified by the Government.

4. Provincial-level People’s Committees shall promulgate schedules for implementation of regulations on safety distances for chemical facilities operating in their localities before the effective date of the technical regulations referred to in Clause 2 of this Article but failing to meet the requirement on safety distances.

Section 2

PREVENTION OF AND RESPONSE TO EVENTS OF CHEMICAL HAZARDS

Article 36. Training in specialized chemical safety

1. Organizations and individuals engaged in chemical activities shall provide periodical training in specialized chemical safety for their employees.

2. The training in specialized chemical safety must comply with this Law, the Law on Occupational Safety and Health, the Law on Fire Prevention and Fighting and Rescue and Salvage, and other relevant laws.

3. The Government shall provide in detail trainees, contents and period of raining, and capacity of specialized chemical safety trainers. 

Article 37. Prevention and response plans for events of chemical hazards

1. Responsibility to formulate prevention and response plans for events of chemical hazards:

a/ Owners of projects involving the storage of chemicals on the list and with volumes exceeding the threshold specified in Clause 2 of this Article shall formulate prevention and response plans for events of chemical hazards in the stage of construction investment project preparation in accordance with the law on construction and may only store chemicals after such plans are approved;

b/ Organizations and individuals that manage and operate facilities engaged in the storage of chemicals on the list and with volumes exceeding the threshold specified in Clause 2 of this Article shall have their prevention and response plans for events of chemical hazards approved by the competent state management agency before carrying out chemical storage activities.

2. The Government shall promulgate the List of chemicals requiring formulation of prevention and response plans for events of chemical hazards; specify the threshold of volumes of chemical storage at a time when it is required to formulate prevention and response plans for events of chemical hazards; and provide in detail the contents, order, procedures, competence, and time of appraisal and approval of prevention and response plans for events of chemical hazards.

Article 38. Prevention and response measures for events of chemical hazards

1. Responsibility to formulate prevention and response measures for events of chemical hazards:

a/ Owners of projects involving the storage of hazardous chemicals other than those specified in Clause 1, Article 37 of this Law shall formulate prevention and response measures for events of chemical hazards in the stage of construction investment project preparation in accordance with the law on construction and may only store chemicals after such measures are approved;

b/ Organizations and individuals that manage and operate facilities engaged in the storage of hazardous chemicals other than those specified in Clause 1, Article 37 of this Law shall formulate and issue prevention and response measures for events of chemical hazards before carrying out chemical storage activities;

c/ Before transporting hazardous chemicals, organizations and individuals are obliged to formulate and issue prevention and response measures for events of chemical hazards during transportation and carry them along throughout the course of transportation.

2. The Government shall detail this Article.

Article 39. Implementation of prevention and response plans for events of chemical hazards, prevention and response measures for events of chemical hazards

1. Organizations and individuals engaged in chemical activities are obliged to fully implement contents of approved prevention and response plans for events of chemical hazards or issued prevention and response measures for events of chemical hazards.

2. Owners of projects involving the chemical storage; organizations and individuals engaged in chemical storage activities specified in Clause 1, Article 37 and Clause 1, Article 38 of this Law are obliged to adjust prevention and response plans for events of chemical hazards or prevention and response measures for events of chemical hazards in case of scaling up or changing technological lines and equipment for chemical production, use and storage of their projects, or chemical storage facilities. Changed items of projects or chemical facilities may only be put into operation after prevention and response plans for events of chemical hazards are approved or prevention and response measures for events of chemical hazards are issued.

3. Chemical facilities in the field of civil affairs that are engaged in the storage of chemicals on the list specified in Clause 2, Article 37 of this Law are obliged to organize annual drills for response to events of chemical hazards.

4. Organizations and individuals are obliged to update their approved prevention and response plans for events of chemical hazards or their issued prevention and response measures for events of chemical hazards to the specialized chemical database, except cases not requiring the updating due to national defense and security reasons.

5. The Government shall detail this Article.

Article 40. Equipment and human resources for response to events of chemical hazards

1. Organizations and individuals engaged in chemical activities are obliged to ensure adequate equipment and human resources for responding to events of chemical hazards and invest in systems of equipment for responding to events of chemical hazards appropriate to the scale and hazardous properties of chemicals under their approved prevention and response plans for events of chemical hazards or their issued prevention and response measures for events of chemical hazards in order to ensure safety and timely response to events of chemical hazards.

2. Fire prevention and fighting and rescue and salvage forces, other forces and related state agencies shall ensure adequate equipment and human resources for responding to events of chemical hazards under issued provincial-level prevention and response plans for events of chemical hazards.

3. The State shall adopt policies to raise the capacity for prevention of and response to events of chemical hazards in the field of civil affairs.

Article 41. Coordination in prevention of and response to events of chemical hazards

1. Events of chemical hazards are divided into:

a/ Facility-level events of chemical hazards, which are events of chemical hazards that occur within boundaries of chemical facilities and, when developing, cause damage that falls within response and consequence remediation capacity and conditions of response forces at such chemical facilities;

b/ Provincial-level events of chemical hazards, which are events of chemical hazards that occur within provincial-level boundaries and, when developing, cause damage that falls beyond response and consequence remediation capacity and conditions of response forces at chemical facilities;

c/ National-level events of chemical hazards, which are events of chemical hazards that occur in one or more than one province and, when developing, cause damage that falls beyond response and consequence remediation capacity and conditions of provincial-level administrations.

2. The competent state agency shall organize the response to events of chemical hazards in accordance with the law on civil defense; summarize information on, and developments and actual state of, events of chemical hazards, and propose the remediation of impacts of the events on humans, physical facilities, property and the environment, to line ministries.

3. Obligations of organizations and individuals upon the occurrence of events of chemical hazards:

a/ Organizations and individuals engaged in chemical activities shall promptly apply prevention and response measures for events of chemical hazards or implement prevention and response plans for events of chemical hazards; notify events of chemical hazards to the competent state agency if such events fall beyond their response capacity for coordinated handling in accordance with law;

b/ To abide by the mobilization of human resources and property by the competent state agency for response to, and remediation of consequences of, events of chemical hazards in accordance with law;

c/ Organizations and individuals engaged in chemical activities shall prepare reports providing detailed information on events of chemical hazards, types of chemicals, causes of the events, response measures, lost chemical volumes, consequences, and solutions, then send them to line agencies in localities;

d/ To take responsibility and pay compensation for damage caused by events of chemical hazards in accordance with law.

Article 42. Provincial-level prevention and response plans for events of chemical hazards

1. Provincial-level People’s Committees shall formulate and promulgate provincial-level prevention and response plans for events of chemical hazards in line with regional master plans and provincial master plans, and update them to the Specialized Chemical Database.

2. Provincial-level People’s Committees shall organize drills for response to provincial-level events of chemical hazards under promulgated provincial-level prevention and response plans for events of chemical hazards. Drills for response to provincial-level events of chemical hazards may be combined with other incident response drills in localities.

3. The Government shall detail this Article.

Section 3

ENVIRONMENTAL PROTECTION AND SAFETY ASSURANCE FOR THE COMMUNITY

Article 43. Responsibility of organizations and individuals involved in chemical activities in environmental protection and safety assurance for the community

Organizations and individuals involved in chemical activities are obliged to fully comply with this Law’s provisions on chemical safety, the laws on environmental protection and occupational safety, and other relevant laws.

Article 44. Rights and obligations of organizations and individuals in localities where chemical facilities are located in environmental protection and safety assurance for the community

1. Organizations and individuals in localities where chemical facilities are located have the following rights:

a/ To access information on chemical safety in accordance with this Law and other relevant laws;

b/ To request chemical facilities to take measures to protect the community well-being and protect the environment in accordance with law;

c/ To receive compensation for damage caused by chemical activities in accordance with law;

d/ To report to the competent state agency on organizations and individuals that violate the regulations on chemical safety;

dd/ To give their opinions on environmental protection measures and prevention and response plans for events of chemical hazards for investment projects on hazardous chemical production and storage facilities in the localities.

2. Organizations and individuals in localities where chemical facilities are located have the following obligations:

a/ To promptly report to the competent state agency when detecting violations of the regulations on chemical safety;

b/ To create favorable conditions for agencies and organizations to respond to and remedy events of chemical hazards, and handle and settle events of chemical hazards in accordance with law.

Article 45. Publicization of information on chemical safety

Organizations and individuals engaged in chemical activities are obliged to coordinate with local administrations in publicly notifying residential communities in localities where their chemical facilities are located of the following information on chemical safety:

1. Measures to ensure safety for, and protect, humans, physical facilities, property and the environment as specified in this Law and the law on environmental protection;

2. Basic contents of prevention and response plans for events of chemical hazards specified in Article 37 of this Law, except confidential information specified in Article 26 of this Law.

Article 46. Responsibilities to dispose of chemicals and products containing toxic substances of unknown origin, and confiscated chemicals and products containing toxic substances; and to treat post-war residual toxic substances

1. Provincial-level People’s Committees shall coordinate with ministries and ministerial-level agencies in performing the following responsibilities:

a/ To make statistics on, detect and notify locations and volumes of, chemicals and products containing toxic substances of unknown origin; and confiscated chemicals and products containing toxic substances in their localities;

b/ To formulate plans on disposal of chemicals and products containing toxic substances of unknown origin; and confiscated chemicals and products containing toxic substances;

c/ To organize the implementation of plans on disposal of chemicals and products containing toxic substances of unknown origin; and confiscated chemicals and products containing toxic substances.

2. Organizations and individuals that have chemicals and products containing toxic substances confiscated shall bear all expenses for disposal of such chemicals and products.

3. In case an individual specified in Clause 2 of this Article dies or is missing; or an organization specified in Clause 2 of this Article is dissolved or falls bankrupt; or in case there are chemicals or products containing toxic substances of unknown origin or with unidentifiable owners, expenses for the disposal of such chemicals or products as decided by the agency of the person with the sanctioning competence shall be covered by the budget contingency allocated to such agency.     

4. The Government shall specify the treatment of post-war residual toxic substances.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 47. Effect

1. This Law takes effect on January 1, 2026, except the case specified in Clause 2 of this Article.

2. The provisions on certificates of eligibility for provision of chemical storage services of Clause 5, Article 14 of this Law take effect on July 1, 2026.

3. Law No. 06/2007/QH12 on Chemicals, which has a number of articles amended and supplemented under Law No. 28/2018/QH14 and Law No. 18/2023/QH15 (below collectively referred to as Law No. 06/2007/QH12 on Chemicals), ceases to be effective from the date this Law takes effect, except the case specified in Article 48 of this Law.

Article 48. Transitional provisions  

1. For construction investment feasibility study reports and construction investment techno-economic reports of chemical projects that have been submitted to competent agencies for appraisal but, by the effective date of this Law, have not yet obtained appraisal documents, the appraisal shall continue to be carried out in accordance with the law on construction.

2. Organizations and individuals that have chemical production or trading licenses issued by the competent agency before the effective date of this Law may continue to operate under such licenses until their expiration.

Chemicals on the List of chemicals subject to special control promulgated under Point a, Clause 2, Article 9 of this Law but not on the List of chemicals subject to restricted production or trading promulgated in accordance with Law No. 06/2007/QH12 on Chemicals must comply with the relevant provisions of this Law until December 31, 2026.

3. Organizations and individuals that have certificates of eligibility for chemical production or trading issued by the competent agency before the effective date of this Law may continue to operate under such certificates through December 31, 2026.

Chemicals on the List of chemicals subject to conditional production or trading promulgated under Point a, Clause 1, Article 9 of this Law but not on the List of chemicals subject to conditional production or trading promulgated in accordance with Law No. 06/2007/QH12 on Chemicals must comply with the relevant provisions of this Law until December 31, 2026.

4. Prevention and response plans for events of chemical hazards that are approved or prevention and response measures for events of chemical hazards that are issued before the effective date of this Law may continue to be implemented.

5. For the projects specified at Point a, Clause 1, Article 37 and Point a, Clause 1, Article 38 of this Law, of which the construction investment preparation stage is completed before the effective date of this Law and of which owners have not yet formulated prevention and response plans for events of chemical hazards or prevention and response measures for events of chemical hazards, such plans or measures shall be formulated and approved or issued before works of such projects are put into exploitation and use.-

This Law was passed on June 14, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.

Chairman of the National Assembly
TRAN THANH MAN