Law on Chemicals, No. 69/2025/QH15
ATTRIBUTE Law on Chemicals
Issuing body: | National Assembly of the Socialist Republic of Vietnam | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Official number: | 69/2025/QH15 | Signer: | Tran Thanh Man |
Type: | Law | Expiry date: | Updating |
Issuing date: | 14/06/2025 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Fields: | Industry |
THE NATIONAL ASSEMBLY Law No. 69/2025/QH15 | THE SOCIALIST REPUBLIC OF VIETNAM |
LAW
ON CHEMICALS
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly passes the Law on Chemicals.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law regulates chemicals, management of chemical-related activities; development of the chemical industry; information on chemicals; hazardous chemicals in products and goods; safety and security in chemical-related activities.
Article 2. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Chemical is a substance or a mixture of natural substances or substances exploited or created by humans.
2. Substance means an element or a compound, including any impurities deriving from the processing process and any additives necessary to preserve the stability of physical and chemical properties; excluding any solvents which may be separated without changing the characters of the substance.
3. Mixture means a combination of two or more substances which do not react under normal conditions.
4. Hazardous chemical means any chemical that is harmful to humans, physical facilities, assets, and the environment, and has at least one hazardous assets according to the classification principles prescribed by the Head of the agency assuming the prime responsibility for assisting the Government in central-level state management of chemicals (hereinafter referred to as the Head of the central-level state management agency in charge of chemicals).
5. Toxic chemical means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans, according to specific criteria prescribed by the Government.
6. Hazardous chemical-containing products and goods mean products and goods that, under proper conditions of use and for the right purpose, still have the potential to cause harm to humans, physical facilities, assets, and the environment due to the chemical composition of the products and goods.
7. Basic chemical means a chemical used as raw material, fuel, additive, solvent for the production of other chemicals or in the production processes of economic sectors.
8. Petrochemical product means a chemical product derived from the processes of oil refining, crude oil processing, natural gas processing, petroleum gas processing, or coal processing or a product created through chemical reactions where the feedstock is derived from the processes of oil refining, crude oil processing, natural gas processing, petroleum gas processing, or coal processing. Petrochemical products do not include products used as fuel or for energy generation.
9. Pharmaceutical chemical means a chemical used as a medicinal material or as an ingredient in health supplements, which are produced through chemical processes, natural product extraction processes, or biotechnological processes.
10. Rubber products including synthetic rubber; products manufactured from natural or synthetic rubber that are subject to specific technical requirements for their molds and performance characteristics.
11. Chemical project means an investment and construction project developed and implemented with the main objective of conducting production and storage of chemicals and products of the chemical industry.
12. Chemical facility means a physical site where one or more activities of production of, trading in, storage or use of chemicals, or treatment of chemical wastes take place.
13. Chemical plant means the local integration of one or more constructions or technological lines to conduct production and storage of chemicals and products of the chemical industry.
14. Chemical plant site means the local integration of chemical plants or other installations involving the use of chemicals, which can originate from one or more different projects and are linked through technology, feedstock, fuel, or products.
15. Specialized chemical industrial park means an industrial park focused on production and service provision for chemical projects and chemical plants. It must have an industrial land area that meets a minimum threshold prescribed by the Government, which is designated for attracting chemical projects and chemical plants, and projects that use products of the chemical industry manufactured within the industrial park itself as feedstock, solvents, or catalysts in their production processes.
16. Chemical-related activities include research on chemicals, testing of chemicals, production of chemicals, trading in chemicals, transportation, storage, and use of chemicals, treatment of chemical wastes, disposal and discard of chemicals.
17. Production of a chemical include the creation of such chemical through chemical or biotechnological processes, as well as the formulation, extraction, concentration, distillation, purification; processing; decantation of chemicals. Production of a chemical excludes the unintentional emission of such chemical.
18. Trading in a chemical includes purchasing, selling, exchanging, leasing, exporting, importing, and thus supplying it to the market for profit purposes.
19. Use of a chemical means the employment of such chemical for the purpose of creating other products or goods; providing services; serving national defense, security, health, science, technology or other lawful purposes.
20. Chemical storage service means the leasing of chemical storing facilities to another organizations and individuals.
21. Specialized chemical database means a collection of data concerning chemicals; chemical-related activities; the chemical industry; hazardous chemicals in products and goods; and safety and security in chemical-related activities.
22. Chemical safety means the application of regulations and measures aimed at preventing adverse effects on humans, physical facilities, assets, and the environment while conducting chemical-related activities.
23. Chemical security means the application of regulations and measures aimed at preventing the illicit possession and misuse of chemicals and chemical equipment, thereby preserving a state of stability and safety, free from threats to the normal existence and development of any organization, individual, or the society.
24. Chemical incident means the state of chemical fire, explosion, leakage or dispersion which causes or threatens to cause harm to humans, physical facilities, assets, and the environment.
Article 3. Prohibited acts
1. Appropriating chemicals; illegally producing, trading, transporting, storing, using, purchasing, selling, exchanging, donating, sending, borrowing, lending, renting, leasing, or mortgaging chemicals.
2. Appropriating, purchasing, selling, exchanging, donating, borrowing, lending, renting, leasing, mortgaging, counterfeiting, repairing, altering permits, certificates, and certifications on chemicals.
3. Failing to provide, or intentionally providing incomplete, untimely, or inaccurate information concerning the hazardous properties of chemicals; products and goods containing hazardous chemicals; the loss or leakage of hazardous chemicals; or chemical incidents.
4. Using chemicals of unknown origin, or chemicals that are prohibited for use in the production, trading, or preservation of food; medicinal products and medicinal materials; cosmetics; livestock feed and aquafeed; veterinary medicines; plant protection products; fertilizers; or consumer chemical products.
5. Producing or importing products and goods containing hazardous chemicals with the concentrations non-compliant with this Law, thereby seriously affecting humans, physical facilities, assets, and the environment.
6. Abusing one's position, power, or profession to commit violations of the law regulations on chemical management.
7. Producing, trading, or using chemicals in a manner that causes serious harm to humans, physical facilities, assets, and the environment; undermines national security, chemical security, or social order and safety; or infringes upon the lawful rights and interests of agencies, organizations, or individuals.
Chapter II
DEVELOPMENT OF THE CHEMICAL INDUSTRY
Article 4. Chemical industry development strategy
1. The approved chemical industry development strategy shall serve as the basis for establishing development orientations for industries with a regional competitive advantage, and devising plans for the development, arrangement, selection, and allocation of development resources within the region; establishing development orientations for key industries within the provincial-level locality, selecting options for the organization of socio-economic activities, and devising development plans for the system of economic zones, industrial parks, export processing zones, and high-tech zones within the provincial-level locality; making decisions on or granting approval for the investment policies of chemical projects.
2. The chemical industry development strategy is required to:
a) Comply with the State's policy on chemical-related activities, this Law and other relevant laws;
b) Be consistent with the socio-economic development strategy and national master plan;
c) Facilitate national defense, security, environmental protection and sustainable development.
3. The chemical industry development strategy shall contain the following main details:
a) Viewpoints, objectives and orientations for the development of the chemical industry and priority development areas in each period;
b) Orientations for the formation of specialized chemical industrial parks, which shall be suitable to natural and socio-economic conditions of the locality and meet chemical safety requirements;
c) Tasks and solutions to implement the viewpoints, objectives and orientations for the development of the chemical industry.
4. The chemical industry development strategy shall be formulated for a 10-year period, with a vision for 30 years, and is approved and adjusted by the Prime Minister.
5. The Government shall detail this Article.
Article 5. Chemical project
1. Investments in chemical projects and construction of chemical plants shall comply with this Law, the Law on Investment, the Law on Public Investment, the Law on Construction and other relevant law regulations.
2. An owner of a chemical project shall have the following obligations:
a) To comply with Clause 1 of this Article;
b) To select and use technology that ensures compliance with safety and environmental standards, promotes the efficient use of resources, and minimizes both the use of hazardous chemicals and the generation of chemical waste;
c) To develop and implement chemical incident prevention and response plans, chemical incident prevention and response measures as prescribed in Section 2, Chapter VI of this Law;
d) To apply the set of principles in design, technology and equipment selection, and in the processes for production, use, and disposal of chemicals, with the aim of minimizing or eliminating the use and generation of hazardous substances (hereinafter referred to as the principles of green chemistry).
3. For any chemical project subject to the technical regulation on safety distances prescribed in Clause 2, Article 35 of this Law, the competent agency shall, during the process of deciding on or approving the investment policy thereof, assess the conformity of the project’s proposed location with the requirements for safety distances.
4. The construction investment feasibility study report and the techno-economic report on investment construction of a chemical project shall be prepared in accordance with the Law on Construction and must contain the following details:
a) Compliance with technical regulations and provisions on chemical safety;
b) Principles of green chemistry that have been applied in the design and selection of technology and equipment.
5. The Government shall detail Point d, Clause 2, and Clause 3 and Clause 4 of this Article.
Article 6. Key chemical industry sectors
1. Key chemical industry sectors include:
a) The production of key chemical industry products, including: basic chemical products as prescribed in Clause 2 of this Article; petrochemical products; pharmaceutical chemicals; rubber products, excluding tires and inner tubes; high-content fertilizers; and hydrogen and ammonia produced using renewable energy sources;
b) Investment in specialized chemical industrial parks;
c) Investment in chemical plant sites with the primary objective of producing chemicals and products of the chemical industry;
d) Investment in chemical projects that are eligible for special investment incentives and support in accordance with the Law on Investment.
2. The Government shall issue the list of basic chemicals classified as belonging to key chemical industry sectors based on one of the following criteria:
a) Basic chemicals that are used in multiple industries and sectors but are not yet produced domestically, or for which domestic production does not yet meet demand;
b) Basic chemical products that are produced from the processing of minerals.
3. Investment projects in the sectors prescribed at Points a, b, and c of Clause 1 of this Article that meet the thresholds for investment capital and disbursement progress as prescribed by the Government shall be entitled to special investment incentives and support in accordance with the Law on Investment and other relevant law regulations.
Article 7. Chemical-related specialized consultancy activities
Chemical-related specialized consultancy activities on the list of conditional investment and business lines include:
1. Construction consultancy for chemical projects, including: preparation of construction designs, verification of construction designs, supervision of construction works, supervision of the installation of equipment into the works, project management, and construction valuation;
2. Consultancy on the selection of technology and equipment for chemical projects;
3. Consultancy on chemical safety and security, including: preparation of chemical incident prevention and response plans, chemical incident prevention and response measures; organization of chemical incident response drills; specialized chemical safety training; classification and labeling of chemicals; preparation of chemical safety data sheets; and registration of new chemicals.
Article 8. Conditions for providing chemical-related specialized consultancy
1. An organization conducting chemical-related specialized consultancy activities as prescribed in Clause 1, Article 7 of this Law must meet the following conditions:
a) It must be established in accordance with the law regulations;
b) It must have the capacity to conduct construction activities in accordance with the law regulations on construction;
c) At least 01 individual engaged in consultancy activities must hold a bachelor's degree or equivalent in chemistry; have relevant work experience in a field related to chemical-related specialized consultancy activities.
2. An organization conducting chemical-related specialized consultancy activities as prescribed in Clause 2 and Clause 3, Article 7 of this Law must meet the following conditions:
a) It must be established in accordance with the law regulations;
b) It must have a team of consultants who meet the conditions prescribed in Clause 3 of this Article, in a sufficient number;
c) It must have the necessary technical equipment and devices as required to conduct consultancy activities.
3. An individual conducting chemical-related specialized consultancy activities as prescribed in Clause 2 and Clause 3, Article 7 of this Law must have a certification of chemical-related specialized consultancy. An individual must meet the following conditions to be issued with a certification of chemical-related specialized consultancy by the competent agency prescribed in Clause 5 of this Article:
a) He/she must hold a bachelor's degree or equivalent in chemistry;
b) He/she must have relevant work experience in a field related to chemical-related specialized consultancy activities.
4. The certification of chemical-related specialized consultancy is valid for 05 years from the date of issue.
5. The Government shall detail Clauses 1, 2 and 3 of this Article; prescribe the details of chemical-related specialized consultancy certifications; prescribe the order, procedures and competence to issue, re-issue, adjust, and revoke chemical consultancy certificates.
Chapter III
MANAGEMENT OF CHEMICAL-RELATED ACTIVITIES
Article 9. Scope and requirements for chemicals subject to conditional production and trading, chemicals requiring special control, and restricted chemicals
1. The scope and requirements for chemicals subject to conditional production and trading are prescribed as follows:
a) Chemicals subject to conditional production and trading include hazardous substances and mixtures on the inventory of chemicals subject to conditional production and trading, which is issued by the Government;
b) Chemical-related activities with respect to chemicals subject to conditional production and trading must comply with the regulations on safety and environmental protection prescribed in this Law and other relevant law regulations.
2. The scope and requirements for chemicals requiring special control are prescribed as follows:
a) Chemicals requiring special control include hazardous substances and mixtures listed on the inventory of chemicals requiring special control issued by the Government, including: chemicals subject to control for the implementation of treaties on chemicals to which the Socialist Republic of Vietnam is a contracting party; and chemicals that have the potential to undermine national defense, security, social order and safety, humans, physical facilities, assets, or the environment;
b) Chemical-related activities involving chemicals requiring special control must comply with the regulations on safety and environmental protection prescribed in this Law and other relevant law regulations; be consistent with the scope, type of activity, scale, and term prescribed in the permit for production or trading; and be subject to controls on their purpose of use;
c) Organizations and individuals producing, trading, storing, transporting and using chemicals requiring special control are obliged to strictly control the quantity; prevent chemical loss and incidents; and comply with treaties on chemicals to which the Socialist Republic of Vietnam is a contracting party.
3. The scope and requirements for restricted chemicals are prescribed as follows:
a) Restricted chemicals mean hazardous chemicals listed in the inventory of restricted chemicals and minerals issued under the Law on Investment;
b) Organizations and individuals are not allowed to carry out chemical-related activities with respect to restricted chemicals, unless otherwise prescribed at Point c of this Clause;
c) Organizations may produce, import, use, transport or store restricted chemicals for the purposes prescribed in the Law on Investment, the Law on Foreign Trade Management and other relevant laws; and may export restricted chemicals in the cases prescribed at Point a, Clause 5, Article 12 of this Law;
d) An organization producing, importing, using or storing restricted chemicals must keep a logbook as prescribed by the ministry or the ministerial-level agency; strictly manage the quantity, ensuring that there is no loss or chemical incident;
dd) Organizations and individuals are not allowed to temporarily import and re-export, temporarily export and re-import, or transship or transit restricted chemicals.
Article 10. Production of chemicals
1. An organization producing chemicals must meet the following conditions:
a) It must be established in accordance with the law regulations;
b) It must possess adequate legal and safety documentation, physical and technical facilities, and professional expertise to meet the requirements for production of chemicals;
c) It must meet the conditions prescribed in Article 33 and Article 35 of this Law;
d) An organization producing chemicals subject to conditional production and trading, chemicals requiring special control, or restricted chemicals must have a certificate of qualification for production of chemicals subject to conditional production and trading, a permit for production of chemicals requiring special control, or a permit for production of restricted chemicals, respectively, as prescribed in Clauses 2, 3, and 4 of this Article.
2. The certificate of qualification for production of chemicals subject to conditional production and trading is issued by the provincial-level People's Committee when the chemical-producing organization meets the conditions prescribed in Clause 1 of this Article, and must comply with the requirements prescribed at Point b, Clause 1, Article 9 of this Law.
The certificate of qualification for production of chemicals subject to conditional production and trading is valid for 05 years from the date of issue. Provincial-level People's Committees are responsible for re-issuance, adjustment, or revocation of certificates of qualification for production of chemicals subject to conditional production and trading.
3. The permit for production of chemicals requiring special control is issued by a ministry or ministerial-level agency when the chemical-producing organization meets the conditions prescribed in Clause 1 of this Article, and must comply with the requirements prescribed at Point b and Point c, Clause 2, Article 9 of this Law.
The permit for production of chemicals requiring special control is valid for 05 years from the date of issue. Ministries and ministerial-level agencies are responsible for re-issuance, adjustment, or revocation of permits for production of chemicals requiring special control.
4. A permit for production of restricted chemicals shall be issued by a competent agency or person in the case prescribed at Point c, Clause 3, Article 9 of this Law when the chemical-producing organization meets the conditions prescribed in Clause 1 of this Article, and must comply with Point d, Clause 3, Article 9 of this Law.
The permit for production of restricted chemicals is valid for 12 months from the date of issue.
5. The Government shall detail this Article; prescribe the revocation of permits for production of restricted chemicals.
Article 11. Trading in chemicals
1. An organization trading in chemicals must meet the following conditions:
a) It must be established in accordance with the law regulations;
b) It must possess adequate legal and safety documentation, physical and technical facilities, and professional expertise to meet the requirements for trading in chemicals;
c) Conditions prescribed in Article 33 of this Law;
d) An organization trading in chemicals subject to conditional production and trading or chemicals requiring special control must have a certificate of qualification for trading in chemicals subject to conditional production and trading or a permit for trading in chemicals requiring special control, respectively, as prescribed in Clause 2 and Clause 3 of this Article.
2. The certificate of qualification for trading in chemicals subject to conditional production and trading is issued by the provincial-level People's Committee when the chemical-trading organization meets the conditions prescribed in Clause 1 of this Article, and must comply with the requirements prescribed at Point b, Clause 1, Article 9 of this Law.
The certificate of qualification for trading in chemicals subject to conditional production and trading is valid for 05 years from the date of issue. Provincial-level People's Committees are responsible for re-issuance, adjustment, or revocation of certificates of qualification for trading in chemicals subject to conditional production and trading.
3. The permit for trading in chemicals requiring special control is issued by a ministry or ministerial-level agency when the chemical-trading organization meets the conditions prescribed in Clause 1 of this Article, and must comply with the requirements prescribed at Point b and Point c, Clause 2, Article 9 of this Law.
The permit for trading in chemicals requiring special control is valid for 05 years from the date of issue. Ministries and ministerial-level agencies are responsible for re-issuance, adjustment, or revocation of permits for trading in chemicals requiring special control.
4. Organizations and individuals that purchase or sell chemicals requiring special control must prepare a control sheet for the purchase and sale thereof in accordance with Article 17 of this Law, and must have their data authenticated following the implementation roadmap prescribed by the Government.
5. The Government shall detail this Article.
Article 12. Export, import, temporary import and re-export, temporary export and re-import, transshipment, transit and other activities related to international trade in chemicals
1. Export, import, temporary import and re-export, temporary export and re-import, transshipment, transit and other activities related to international trade in chemicals shall comply with this Law, the Law on Foreign Trade Management and other relevant law regulations.
2. Chemicals subject to conditional production and trading may be exported or imported in the following cases:
a) An organization producing chemicals subject to conditional production and trading may export chemicals produced by itself in accordance with the certificate of qualification for production of chemicals subject to conditional production and trading;
b) An organization trading in chemicals subject to conditional production and trading may export or import chemicals in accordance with the certificate of qualification for trading in chemicals subject to conditional production and trading for its business purposes;
c) An organization or individual using chemicals may import chemicals subject to conditional production and trading for his/her/its own use.
3. Chemicals requiring special control may be exported or imported in the following cases:
a) An organization producing chemicals requiring special control may export chemicals produced by itself in accordance with the permit for production of chemicals requiring special control and the permit for export of chemicals requiring special control;
b) An organization trading in chemicals requiring special control may export or import chemicals in accordance with the permit for trading in chemicals requiring special control and the permit for export of chemicals requiring special control or the permit for import of chemicals requiring special control for its business purposes;
c) An organization or individual using chemicals requiring special control, which has declared the types of the chemicals and his/her/its intended use of the chemicals on the specialized chemical database, may import such chemicals in accordance with the permit for import of chemicals requiring special control for his/her/its own use.
4. The permit for export of chemicals requiring special control and the permit for import of chemicals requiring special control are prescribed as follows:
a) The competent agency is responsible for issuance, re-issuance, adjustment, renewal and revocation of the permit for export of chemicals requiring special control and the permit for import of chemicals requiring special control;
b) The permit for export of chemicals requiring special control or the permit for import of chemicals requiring special control shall be issued for each export invoice or import invoice, and is valid for 06 months from the date of issue;
c) The permit for export of chemicals requiring special control or the permit for import of chemicals requiring special control shall be renewed in case the term stated in such permit expires but the export or import has not been carried out or has not been completed. A permit may be renewed once for no more than 06 months from the date of renewal.
5. Export and import of restricted chemicals is prescribed as follows:
a) Restricted chemicals may only be exported in cases where the organization importing such restricted chemicals does not use up the restricted chemicals after their expiry dates prescribed in the permits for import of restricted chemicals issued thereto and in compliance with Clause 1 of this Article and treaties to which the Socialist Republic of Vietnam is a contracting party.
In case the restricted chemicals are not exported, the chemical-importing organization shall dispose such restricted chemicals in accordance with this Law and the law regulations on environmental protection and labor safety, and other relevant law regulations.
The organization importing restricted chemicals is obliged to notify the agency that issues the permit for import of restricted chemicals in order to export or dispose them after approval has been obtained from the competent authority;
b) Restricted chemicals may be imported in accordance with the permit for import of restricted chemicals issued by the competent agency;
c) Organizations may only import restricted chemicals strictly in accordance with the permit for import of restricted chemicals for the purposes prescribed in the Law on Investment, the Law on Foreign Trade Management and other relevant laws. An organization importing restricted chemicals shall must Possession of adequate legal documentation, physical and technical physical facilities, and professional expertise to meet the requirements for storage, transport, and use of the restricted chemicals;
d) Organizations importing restricted chemicals are obliged to comply with the regulations on the use of restricted chemicals prescribed at Point d, Clause 3, Article 9 and Clause 3, Article 15 of this Law;
dd) A permit for import of restricted chemicals shall be issued for each imported shipment and is valid for 06 months from the date of issue.
6. Organizations and individuals importing chemicals must declare imported chemicals, unless:
a) The organizations and individuals importing chemicals requiring special control are not required to declare the chemicals they have imported;
b) The organizations importing restricted chemicals are not required to declare the chemicals they have imported;
c) They are exempted in other cases as prescribed by the Government.
7. The Government shall detail this Article.
Article 13. Transportation of chemicals
1. In case of an incident during the transportation of chemicals, the vehicle operator, cargo owner, and vehicle owner are obliged to immediately apply necessary measures to minimize the consequences, remedy the incident, and compensate for damages.
2. Organizations and individuals that transport hazardous chemicals shall comply with regulations on the transportation of dangerous cargoes in the laws on road, road traffic order and safety, inland waterway, railway, air and sea transport; requirements prescribed in Clause 1 of this Article, and Article 33, Point c, Clause 1, Article 38 of this Law, and other relevant law regulations. When an incident occurs, the organization or individual transporting hazardous chemicals must immediately notify the nearest People's Committee and Civil Defense Command.
3. Chemicals requiring special control shall be transported in accordance with Clause 1 and Clause 2 of this Article and Point b and Point c, Clause 2, Article 9 of this Law.
4. Restricted chemicals shall be transported in accordance with Clause 1 and Clause 2 of this Article and Point c, Clause 3, Article 9 of this Law. A person transporting restricted chemicals shall have the following obligations:
a) To check chemical safety and security conditions before departure and after each standing or parking of the vehicle transporting restricted chemicals;
b) To carry out all procedures for delivery and receipt of goods and documents related to restricted chemicals;
c) Not to stand or park the vehicle transporting restricted chemicals in crowded places, residential areas, or near gas stations, or places with important national defense, security, economic, cultural, and diplomatic facilities. In case the vehicle transporting restricted chemicals have to stand or be parked overnight or due to an incident, the nearest military agency or police agency shall be immediately notified for coordinated protection.
Article 14. Storage of chemicals
1. Organizations and individuals storing chemicals have the following obligations:
a) To fulfill the requirements prescribed in Articles 33, 35, 36, 37, 38, 39, 40 and 41 of this Law;
b) To display necessary warning information at the hazardous chemical storage location, maintain internal rules on chemical safety, and have a signage system appropriate to the hazard level of the chemicals in the storage area. In case chemicals have different hazardous properties, warning signs must fully show these hazardous properties;
c) Have equipment and vehicles in response to incidents, which are suitable to hazardous properties of chemicals.
2. Storage of chemicals subject to conditional production and trading is prescribed as follows:
a) Chemicals subject to conditional production and trading shall be stored in accordance with Clause 1 of this Article and Point b, Clause 1, Article 9 of this Law;
b) Organizations and individuals must have warehouses to store chemicals subject to conditional production and trading or employ chemical storage services provided by organizations that have been issued with certificates of qualification for provision of chemical storage services by competent agencies as prescribed in Clause 5 of this Article.
3. Storage of chemicals requiring special control is prescribed as follows:
a) Chemicals requiring special control shall be stored in accordance with Clause 1 of this Article and Point b and Point c, Clause 2, Article 9 of this Law;
b) Chemicals requiring special control must be managed and stored in a safe manner; and any loss and damage must be prevented;
c) Organizations and individuals must have warehouses to store chemicals requiring special control or employ chemical storage services provided by organizations that have been issued with certificates of qualification for provision of chemical storage services by competent agencies as prescribed in Clause 5 of this Article.
4. Storage of restricted chemicals is prescribed as follows:
a) Restricted chemicals shall be stored in accordance with Clause 1 of this Article and Point c, Clause 3, Article 9 of this Law;
b) Restricted chemicals must be managed and stored in a safe manner; and any loss and damage must be prevented;
c) Restricted chemicals must be stored in a separate warehouse or separate area of the chemical warehouse;
d) An organization storing restricted chemicals must keep a logbook as prescribed at Point d, Clause 3, Article 9 of this Law.
5. An organization providing chemical storage services for chemicals requiring special control or chemicals subject to conditional production and trading shall be issued with a certificate of qualification for provision of chemical storage services when it meets the following conditions:
a) It must meet the requirements prescribed in Clause 1 of this Article, Point b Clause 1, Point b and Point c Clause 2 Article 9 of this Law;
b) It must possess adequate legal and safety documentation, physical and technical facilities, and professional expertise to meet the requirements for storage of chemicals.
6. The certificate of qualification for provision of banned chemical storage services is valid for 05 years from the date of issue.
7. The Government shall detail Point b and Point c, Clause 1 of this Article; prescribe the details of certificates of qualification for provision of chemical storage services; prescribe the conditions, order, procedures, and competence to issue, re-issue, adjust, and revoke certificates of qualification for provision of chemical storage services.
Article 15. Use of chemicals
1. Organizations and individuals using chemicals must ensure conditions for security, order, fire prevention and fighting, food safety, environmental protection and comply with requirements on ensuring safety in the use of chemicals prescribed in Article 33 of this Law.
2. Use of chemicals requiring special control is prescribed as follows:
a) Chemicals requiring special control shall be used in accordance with Clause 1 and Clause 4 of this Article and Point b and Point c, Clause 2, Article 9 of this Law;
b) An organization or individual using chemicals requiring special control is obliged to declare the types of the chemicals and his/her/its intended use of the chemicals on the specialized chemical database before using them for the first time or before changing his/her/its intended use thereof.
3. Use of restricted chemicals is prescribed as follows:
a) Organizations using restricted chemicals must be established in accordance with the law regulations; are engaged in special activities using restricted chemicals for the purposes prescribed in the Law on Investment, the Law on Foreign Trade Management and other relevant laws;
b) Organizations using restricted 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 issue regulations on chemicals that are prohibited for use within the scope of the industries and sectors under their assigned management.
5. The Government shall detail Point b, Clause 2 of this Article.
Article 16. Treatment of waste from chemical-related activities
1. Organizations and individuals conducting chemical-related activities must treat waste, discarded packaging, and chemical equipment originating from such activities, as well as other related items from the process of use which are toxic, flammable, explosive, corrosive, poisonous, liable to cause environmental pollution, or possess other hazardous properties, in accordance with this Law, law regulations on environmental protection, occupational safety, and other relevant law regulations.
2. Organizations and individuals treating industrial waste from chemical-related activities must comply with Clause 1 of this Article and Article 33 of this Law.
Article 17. Control of purchase and sale of chemicals requiring special control
1. Organizations trading in chemicals listed on the inventory of chemicals requiring special control must prepare a control sheet for the purchase and sale of such chemicals for each individual delivery.
2. Organizations trading in chemicals listed on the inventory of chemicals requiring special control may only sell chemicals requiring special control to:
a) Organizations with permits for trading in chemicals requiring special control;
b) Organizations or individuals using chemicals requiring special control that have declared the types of the chemicals and their intended use of the chemicals on the specialized chemical database.
3. The Head of the central-level state management agency in charge of chemicals shall prescribe the form, time limit, method and roadmap for making chemical sale and purchase control cards for chemicals requiring special control on the specialized chemical database.
Article 18. Exemption from certificates of qualification for production of or trading in chemicals subject to conditional production and trading; permits for production of, trading in, export or import of chemicals requiring special control; permits for production or import of restricted chemicals; certificates of qualification for provision of chemical storage services
1. A certificate of qualification for production of and trading in chemicals subject to conditional production and trading; a permit for production of, trading in, export or import of chemicals requiring special control; a permit for production or import of restricted chemicals; a certificate of qualification for provision of chemical storage services may be exempted in the following cases:
a) Mixtures containing substances on the list issued by the Government as prescribed at Point a, Clause 1, Point a, Clause 2, Article 9 of this Law, which are classified as low hazard;
b) Chemicals are decanted or mixed to directly serve the internal production activities of the organization that decants or mixes the chemicals;
c) Other cases as prescribed by the Government.
2. The Government shall detail Clause 1 of this Clause.
Article 19. Revocation of certificates of qualification for production of or trading in chemicals subject to conditional production and trading; permits for production of, trading in, export or import of chemicals requiring special control; permits for production or import of restricted chemicals; certificates of qualification for provision of chemical storage services
1. A certificate of qualification for production of and trading in chemicals subject to conditional production and trading; a permit for production of, trading in, export or import of chemicals requiring special control; a permit for production or import of restricted chemicals; a certificate of qualification for provision of chemical storage services may be revoked in the following cases:
a) The organization holding the permit or certificate voluntarily ceases its chemical-related activities and submits a written request for revocation thereof to the agency issuing such permit or certificate;
b) The holder’s business registration certificate, business household registration certificate or equivalent legal document is revoked or the institutional holder is dissolved or declared bankrupt in accordance with the law regulations; or the individual holder dies or is declared deceased by a court;
c) The dossier for issuance, re-issuance, or adjustment of the permit or certificate contains false information or forged documents;
d) The permit or certificate is issued ultra vires or to an ineligible holder, or its details contravene the law regulations;
dd) The permit or certificate is bought, sold, exchanged, donated, borrowed, lent, rented, leased, mortgaged, counterfeited, repaired, altered;
e) The holder fails to promptly rectify non-compliance with the required conditions for conducting chemical-related activities upon the request of a competent state agency;
g) The revocation is mandated under a court's legally effective judgment or ruling.
2. The Government shall prescribe the procedures for revoking permits and certificates prescribed in Clause 1 of this Article.
Chapter IV
INFORMATION ON CHEMICALS
Article 20. Registration of new chemicals
1. New chemical means a chemical not yet listed in the national chemical inventory and foreign chemical inventories recognized by competent state agencies of Vietnam. New chemicals may be used or marketed only after they are registered with competent state agencies.
2. A dossier for registration of a new chemical consists of:
a) A written application for registration of a new chemical;
b) Assessment of the new chemical, including information on the physical and chemical properties and hazardous properties of the chemical, which is provided by the new chemical-assessing organization prescribed in Article 21 of this Law.
For a dossier for registration of a new chemical to be used for the purposes of scientific research, national defense, security, natural disaster prevention and control, or epidemic prevention and control, the information prescribed in this Point may be additionally provided within a period of 05 years from the date of registration.
3. The Government shall prescribe the roadmap for developing the national chemical inventory and recognizing the foreign chemical inventories; provide the procedures for registering new chemicals prescribed in Clause 1 of this Article; and detail Clause 2 of this Article.
Article 21. New chemical-assessing organizations
1. New chemical-assessing organizations include:
a) Conformity assessment bodies that are qualified to assess new chemicals and are designated by competent state agencies;
b) Foreign test facilities that are recognized for chemical assessment by member countries of the Organization for Economic Co-operation and Development (OECD);
c) Test facilities from countries that have signed agreements on mutual recognition of conformity assessment results with the Socialist Republic of Vietnam.
2. The Government shall detail Clause 1 of this Clause.
Article 22. Management of new chemicals
1. New chemicals, after being registered with competent state agencies, are classified and managed as chemicals requiring special control.
2. Within 05 years from the date of registration of new chemicals, every year, organizations and individuals involved in activities related to new chemicals must update information and data in the chemical specialized database about the activities involving new chemicals.
3. Based on the assessment of the new chemical and the report on the activities involving such new chemical within 05 years from the date of registration thereof, the competent state agency shall be responsible for assessing the level of risk related to chemical safety and security in order to propose that the Government considers and decides on an appropriate management method, and to notify the organization or individual that registered the new chemical.
4. The Government shall detail this Article.
Article 23. Classification and labeling of chemicals
1. Organizations and individuals producing or importing chemicals are obliged to classify and label chemicals before putting them into use or launch them into the market; and take accountability to the law for the results of chemical classification and information shown on chemical labels.
2. Chemicals shall be classified in accordance with the rules and technical guidelines of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and detailed regulations of the Head of the central-level state management agency in charge of chemicals.
3. Chemicals are labeled in accordance with the law on goods labeling.
4. Hazardous chemicals are labeled in accordance with Clause 3 of this Article and the guidelines of the Globally Harmonized System of Classification and Labeling of Chemicals.
5. When discovering new hazardous properties of chemicals that have not been shown in the chemical classification information, organizations and individuals engaged in chemical-related activities are obliged to promptly notify organizations and individuals producing or importing such chemicals for the latter to re-classify and label such chemicals in accordance with the regulations of the Head of the central-level state management agency in charge of chemicals.
Article 24. Chemical packaging, containers and packaging activities
Chemical packaging, containers and packaging activities must meet the following requirements:
1. The requirements on classification and labeling of chemicals prescribed in Article 23 of this Law;
2. Chemical packaging, containers, and packing activities must comply with national technical regulations and other relevant law regulations, ensuring there is no leakage or loss of chemicals during transport and storage;
3. Packaging and containers for imported chemicals must adhere to the recommendations and requirements of the manufacturers;
4. Chemical packaging and containers must be resistant to corrosion or destruction by the chemicals contained within.
Article 25. Chemical safety data sheets
1. Organizations producing hazardous chemicals, organizations and individuals importing hazardous chemicals must prepare chemical safety data sheets when importing such chemicals, before putting such chemicals into use or launching them into the market, and take accountability to the law for the information shown in the chemical safety data sheets.
2. Organizations selling hazardous chemicals are obliged to provide chemical safety data sheets to organizations and individuals purchasing such chemicals. Organizations and individuals purchasing hazardous chemicals are obliged to request chemical-selling organizations to provide chemical safety data sheets and keep them at chemical storage locations.
3. Organizations producing hazardous chemicals, organizations and individuals importing hazardous chemicals are obliged to amend and supplement chemical safety data sheets when there are changes therein or new hazardous properties of such chemicals are discovered before continuing to circulate the chemicals on the market or putting the chemicals into use.
4. The Head of the central-level state management agency in charge of chemicals shall detail the content and form of chemical safety data sheets.
Article 26. Confidentiality of information
1. Organizations and individuals declaring, registering, reporting, updating information and updating data in accordance with this Law have the right to request the receiving agency or organization to be responsible for keeping in confidence the information related to technological know-hows, trade secrets and other confidential information in accordance with the law regulations, unless otherwise prescribed in Clause 2 of this Article. Organizations and individuals requesting confidentiality are obliged to provide relevant information and documents to competent state agencies to assess the suitability of the confidentiality requests.
2. Information that may not be kept in confidence includes:
a) The trade name of the chemical;
b) The name of the organization or individuals that produce or import the chemical; and the name of the organization or individual prescribed in Clause 5, Article 29 of this Law;
c) The chemical safety data sheet prescribed in Article 25 of this Law;
d) Information for the prevention of and response to chemical incidents; information for preventing and limiting the adverse effects of the chemical’s toxicity; warning information for use and exposure; and methods for preliminary treatment in case of a chemical incident;
dd) Analytical methods for determining the potential for human and environmental exposure; and summaries of the results of the chemical’s toxicity tests;
e) The purity of a mixture and the hazard level of any additives and impurities.
3. Agencies and persons receiving information from organizations and individuals prescribed in Clause 1 of this Article shall be responsible for providing confidential information upon request of competent state agencies in accordance with the law regulations.
4. The Government shall detail this Article.
Article 27. Preservation of information on hazardous chemicals
1. Organizations and individuals engaged in chemical-related activities shall formulate, regularly update and preserve information on hazardous chemicals in their chemical-related activities as well as preserve dossiers for at least 03 years from the date of ending activities involving these chemicals.
2. Information to be preserved covers scientific names and trade names of chemicals; quantities of chemicals produced, imported, used or discarded; use purposes; classification of hazard categories according to the Globally Harmonized System of Classification and Labeling of Chemicals; and information relating to chemical incidents and chemical safety in the chemical facilities.
3. In case a chemical facility has several branches, hazardous chemical data must cover all information relating to the facility and its branches as prescribed in Clause 2 of this Article.
Article 28. Obligations to supply information
1. Organizations and individuals engaged in chemical-related activities are obliged to supply sufficient, accurate and timely information at the request of competent agencies:
a) Upon occurrence of chemical incidents in chemical-related activities;
b) For the prevention of natural disasters which may cause chemical incidents in chemical-related activities;
c) For the investigation and survey in service of the elaboration of chemical industry development strategies and chemical industry development plans;
d) For the examination, inspection, monitoring, and handling of law violations in chemical-related activities.
2. Organizations and individuals engaged in chemical-related activities are obliged to provide complete and accurate information on the concentrations of hazardous chemicals in chemicals, products and goods containing hazardous chemicals to competent agencies and users.
3. When requested, ministries and ministerial-level agencies shall supply information on hazardous chemicals in the fields under their management for curing and treatment of humans affected by chemical incidents.
4. The Government shall detail this Article.
Article 29. Digital transformation in state management of chemicals
1. The State promotes comprehensive digital transformation to improve the effectiveness and efficiency of state management of chemicals; ensure publicity, transparency, connectivity, synchronization and timeliness in the collection, processing, exploitation and sharing of information and data.
2. The central-level state management agency in charge of chemicals shall publicly announce, operate, upgrade, regularly update, ensure information safety and network security for the specialized chemical database; develop a mechanism for sharing and using information from the specialized chemical database.
3. The specialized chemical database is used for the storage, management, updating, and unified integration of data on chemicals; chemical-related activities; the chemical industry; hazardous chemicals in products and goods; safety and security in chemical-related activities; the national chemical inventory; foreign chemical inventories recognized by competent state agencies of the Socialist Republic of Vietnam and other data as prescribed by the Head of the central-level state management agency in charge of chemicals.
4. The specialized chemical database shall be designed to ensure the capability for data integration, interconnection, and sharing with the national information system and relevant specialized information systems in accordance with the law regulations. Competent state agencies shall be decentralized and authorized to access and use information on the specialized chemical database for the purposes of state management, investigation, and handling of violations.
5. Agencies, organizations, and individuals shall be responsible for updating information and data into the specialized chemical database, ensuring that such updates are complete, accurate, and timely.
6. Competent state agencies shall be responsible for synchronizing and sharing data related to chemicals on the specialized chemical database.
7. Data on the specialized chemical database shall be accessed, extracted, and used intra vires for the correct purpose and in accordance with regulations on the protection of state secrets, the protection of personal data, and the assurance of information safety and cybersecurity.
8. The State shall ensure resources for the investment in, construction, operation, maintenance, and development of the specialized chemical database; and shall ensure information safety, cybersecurity, and the capability for data interconnection and sharing with the national information system and relevant specialized information systems in accordance with the law regulations.
9. The Government shall detail this Article.
Article 30. Advertisements on chemicals
1. Chemicals shall be advertised in accordance with the law regulations on advertising for special products, goods and services.
2. Hazardous chemicals shall be advertised in accordance with Clause 1 of this Article. Advertisements on hazardous chemicals must include warning information about the hazardous properties of the chemicals and instructions for preventing the harmful effects of the chemicals.
Chapter V
HAZARDOUS CHEMICALS IN PRODUCTS AND GOODS
Article 31. General regulations on hazardous chemicals in products and goods
1. Hazardous chemicals in products and goods subject to technical regulations shall comply with this Law, the Law on Technical Standards and Regulations, the Law on Product and Goods Quality and other relevant laws.
2. For hazardous chemicals in products and goods that are not subject to technical regulations, the Ministers or heads of ministerial-level agencies shall issue inventories of hazardous chemicals in products and goods of which information must be disclosed under their respective state management.
3. Organizations and individuals producing products and goods containing hazardous chemicals which are on the inventory prescribed in Clause 2 of this Article shall develop processes for controlling hazardous chemicals during the production process in accordance with the regulations of the Government.
4. Organizations and individuals producing or importing the products and goods prescribed in Clause 1 and Clause 2 of this Article are obligated to disclose information on the concentrations of hazardous chemicals therein, in accordance with Article 32 of this Law and other relevant laws.
5. A testing laboratory determining the concentrations of hazardous chemicals in products and goods must register its testing activities in accordance with the law regulations on the quality of products and goods.
6. Ministries, ministerial-level agencies, provincial-level People's Committees, and other competent agencies shall be responsible for inspecting and examining the implementation of regulations on the management of hazardous chemicals in products and goods by organizations and individuals, within the scope of their respective tasks and powers.
7. The Government shall detail this Article.
Article 32. Disclosure of information on concentrations of hazardous chemicals in products and goods
1. Organizations and individuals producing or importing products and goods containing hazardous chemicals prescribed in Clause 1 and Clause 2 of Article 31 of this Law shall disclose information on the concentrations of such chemicals on the specialized chemical database before the products are launched into the market; and publicize such information on their web portals or websites, or at the points of direct supply to the purchasers.
2. Organizations and individuals selling products and goods containing hazardous chemicals are obligated to provide relevant information and documents to the purchasers, and to present them upon request from competent agencies.
3. The Government shall detail the method for disclosure and information on the concentrations of hazardous chemicals in products and goods to be disclosed.
Chapter VI
CHEMICAL SAFETY AND SECURITY
Section 1
REQUIREMENTS FOR ENSURING SAFETY AND SECURITY IN CHEMICAL-RELATED ACTIVITIES
Article 33. Ensuring safety and security in chemical-related activities
1. Organizations and individuals engaged in chemical-related activities must meet the requirements for physical and technical facilities for chemical safety and security.
2. Organizations and individuals engaged in chemical-related activities must assign persons who possesses suitable qualifications to be professionally responsible for chemical safety.
3. Workers involved in chemical-related activities must receive specialized chemical safety training and be equipped with personal protective equipment appropriate for their assigned tasks.
4. Clause 2 and Clause 3 of this Article shall not apply to the use of chemicals for essential consumer and domestic needs.
5. The Government shall detail this Article.
Article 34. Obligations of organizations and individuals regarding the assurance of chemical safety and security
1. To maintain the conditions for chemical safety and security in accordance with this Law and other relevant law regulations during chemical-related activities.
2. To periodically inspect, maintain, repair, and verify machinery and equipment used to operate safety and waste treatment systems and other devices in accordance with the law regulations.
3. Other obligations as prescribed by this Law and other relevant laws.
Article 35. Safe distance
1. Safety distance means the required distance from a chemical plant to a residential area, public facility, national defense structure, military area, security structure, historical and cultural relic, scenic landscape, nature reserve, or area for sourcing domestic water, in order to minimize adverse impacts on humans, physical facilities, assets, and the environment under normal operating conditions.
2. A chemical plant must maintain the safety distance in accordance with the relevant technical regulations.
3. Organizations and individuals shall not construct residential buildings or other structures within the safety distances prescribed in Clause 1 of this Article, except for special-use structures as prescribed by the Government.
4. Provincial-level People's Committees shall issue roadmaps for implementation of the regulations on safety distances applicable to chemical plants that were operating within their localities prior to the effective date of the technical regulations prescribed in Clause 2 of this Article and which do not meet the safety distance requirements.
Section 2
PREVENTION OF AND RESPONSE TO CHEMICAL INCIDENTS
Article 36. Specialized chemical safety training
1. Organizations and individuals engaged in chemical-related activities must periodically provide chemical safety training to workers.
2. Chemical safety training shall be conducted in accordance with this Law, the Law on Labor Safety and Hygiene, the Law on Fire Prevention, Fire Fighting and Rescue and other relevant law regulations.
3. The Government shall detail the subjects, content, duration of training, and capacity of chemical safety trainers.
Article 37. Chemical incident prevention and response plans
1. The responsibility for developing a chemical incident prevention and response plan is prescribed as follows:
a) The owner of a project that involves the storage of chemicals which are on the inventory and exceed the threshold prescribed in Clause 2 of this Article must develop the chemical incident prevention and response plan during the construction investment preparation phase in accordance with the law regulations on construction, and may only store the chemicals after the plan has been approved;
b) An organization or individual managing or operating a facility involving the storage of chemicals which are on the inventory and exceed the threshold prescribed in Clause 2 of this Article must have its chemical incident prevention and response plan approved by a competent state management agency before commencing storing the chemicals.
2. The Government shall issue the inventory of chemicals for which a chemical incident prevention and response plan must be developed; prescribes the maximum threshold volume of chemicals stored at any one time that requires the development of such a plan; and provides detailed regulations on the concentrations, order, procedures, competence for, and timing of the appraisal and approval of the chemical incident prevention and response plan.
Article 38. Chemical incident prevention and response measures
1. The responsibility for developing chemical incident prevention and response measures is prescribed as follows:
a) The owner of a project that involves the storage of hazardous chemicals not prescribed in Clause 1, Article 37 of this Law must develop the chemical incident prevention and response measures during the construction investment preparation phase in accordance with the law regulations on construction, and may only store the chemicals after the measures have been issued;
b) An organization or individual managing or operating a facility involving the storage of hazardous chemicals not prescribed in Clause 1, Article 37 of this Law must develop and issue chemical incident prevention and response measures before commencing storing the chemicals;
c) Before transporting hazardous chemicals, the organization or individual transporting the hazardous chemicals is obligated to develop and issue chemical incident prevention and response measures for transport and must carry such measures throughout the transportation process.
2. The Government shall detail this Article.
Article 39. Implementation of chemical incident prevention and response plans and chemical incident prevention and response measures
1. Organizations and individuals engaged in chemical-related activities are obligated to fully implement the approved chemical incident prevention and response plans or the issued chemical incident prevention and response measures.
2. A project owner, or organization or individual involved in the storage of chemicals prescribed in Clause 1, Article 37 and Clause 1, Article 38 of this Law, are obligated to amend the chemical incident prevention and response plans or chemical incident prevention and response measures in case of an expansion of scale or a change in the process lines or equipment for production, use, and storage at the chemical storage project or facility. The modified components of the project or chemical facility may only be put into operation after the amended plan has been approved or the amended measures have been issued.
3. Chemical facilities in the civil sector that store chemicals which are on the inventory prescribed in Clause 2, Article 37 of this Law are obligated to organize chemical incident response drills on an annual basis.
4. Organizations and individuals are obligated to update the approved chemical incident prevention and response plans or the issued chemical incident prevention and response measures into the specialized chemical database, unless otherwise for national defense and security purposes.
5. The Government shall detail this Article.
Article 40. Chemical incident-response equipment, devices and human resources
1. An organization or individual engaged in chemical-related activities are obligated to ensure sufficient capacity in terms of equipment and personnel for on-site chemical incident response, and to invest in a system of incident response equipment that is appropriate to the scale and hazardous properties of the chemicals, in accordance with his/her/its approved chemical incident prevention and response plan or issued chemical incident prevention and response measures, in order to ensure a safe and timely response to any chemical incident.
2. Fire-firefighting, rescue and salvage forces, as well as other forces and relevant state agencies, are responsible for ensuring sufficient capacity in terms of equipment and personnel to respond to chemical incidents, in accordance with the issued provincial-level chemical incident prevention and response plans.
3. The State shall have policies on enhancing the capacity for chemical incident prevention and response in the civil sector.
Article 41. Coordination in chemical incident prevention and response
1. Chemical incidents are ranked as follows:
a) A facility-level chemical incident means an incident that occurs within the geographical boundaries of a chemical facility and when the incident’s development and extent of damage are within the response and recovery capabilities of the facility’s on-site response force;
b) A provincial-level chemical incident means an incident that occurs within a provincial-level locality and when the incident’s development and extent of damage exceed the response and recovery capabilities of the chemical facility’s on-site response force;
c) A national-level chemical incident means an incident that occurs across one or more provincial-level localities and when the incident’s development and extent of damage exceed the response and recovery capabilities of the provincial-level local authorities.
2. Competent state agencies shall be responsible for responding to chemical incidents in accordance with the law regulations on civil defense; and for compiling information on the incident’s development and current status, and making recommendations regarding the incident’s impact on humans, physical facilities, assets, and the environment to the line ministries.
3. The obligations of organizations and individuals in case of a chemical incident include the following:
a) Upon occurrence of chemical incidents, organizations and individuals engaged in chemical-related activities shall promptly apply chemical incident prevention and response measures or chemical incident prevention and response plans; notify the competent state agencies for coordinated handling in accordance with the law regulations if the incidents exceed their response capability;
b) Organizations and individuals are obliged to abide by competent State regulatory agencies’ orders on the mobilization of people and properties to respond to and remedy chemical incidents in accordance with the law regulations;
c) Upon occurrence of an incident, an organization or individual engaged in chemical-related activities must prepare a report providing detailed information on the incident, the type of chemical, the cause, the response measures taken, the volume of chemicals lost or leaked, the consequences, and the plan for remedying the incident’s aftermath, and submit it to the local sectoral management agency;
d) They shall take accountability and compensate for damage caused by the chemical incidents in accordance with the law regulations.
Article 42. Provincial-level chemical incident prevention and response plans
1. Provincial-level People's Committees shall be responsible for developing and issuing the provincial-level chemical incident prevention and response plans in conformity with regional and provincial master plans, and for updating such plans into the specialized chemical database.
2. Provincial-level People's Committees shall organize provincial-level chemical incident response drills in accordance with the issued provincial-level chemical incident prevention and response plans. Provincial-level chemical incident response drills may be combined with drills for other types of incidents within the respective localities.
3. The Government shall detail this Article.
Section 3
ENVIRONMENTAL PROTECTION AND SAFETY FOR THE COMMUNITY
Article 43. Responsibilities of organizations and individuals involved in chemical-related activities in the protection of the environment and safety for the community
Organizations and individuals involved in chemical-related activities are obliged to fully comply with the chemical safety regulations of this Law and the law regulations on environmental protection and labor safety, and other relevant law regulations.
Article 44. Rights and obligations of organizations and individuals in localities where exist chemical facilities in the protection of the environment and safety for the community
1. Organizations and individuals in localities where exist chemical facilities have the following rights:
a) To access to chemical safety information in accordance with this Law and other relevant law regulations;
b) To require chemical facilities to implement measures to protect public health and the environment in accordance with the law regulations;
c) To be compensated for damage caused by chemical-related activities in accordance with the law regulations;
d) To report to competent state agencies on organizations and individuals that violate law regulations on chemical safety;
dd) To give opinions on environmental protection measures and chemical incident prevention and response plans of investment projects on building of hazardous chemical production or storage establishments in their localities.
2. Organizations and individuals in localities where exist chemical facilities have the following obligations:
a) To promptly report to competent state agencies violations of the law regulations on chemical safety when detecting them;
b) To create favorable conditions for agencies and organizations to respond to, remedy, and handle chemical incidents in accordance with the law regulations upon occurrence of chemical incidents.
Article 45. Publicization of information on chemical safety
Organizations and individuals engaged in chemical-related activities are obliged to coordinate with local administrations in publicizing the following information on chemical safety among the population in localities where exist chemical facilities:
1. Measures for ensuring safety and protecting humans, physical facilities, assets, and the environment in accordance with this Law and the law regulations on environmental protection;
2. Primary details of a chemical incident prevention and response plan prescribed in Article 37 of this Law, except for confidential information prescribed in Article 26 of this Law.
Article 46. Responsibilities for handling toxic chemicals or toxic chemical-containing products of unknown origin; confiscated toxic chemicals or toxic chemical-containing products; handling residual toxic chemicals from war
1. Provincial-level People's Committees shall coordinate with Ministries and ministerial-level agencies to:
a) Compile statistics on, detect, and provide notification of the locations and quantity of toxic chemicals or toxic chemical-containing products of unknown origin, and confiscated toxic chemicals or toxic chemical-containing products, within their respective localities;
b) Develop plans for handling toxic chemicals or toxic chemical-containing products of unknown origin, and confiscated toxic chemicals or toxic chemical-containing products;
c) Implement the plans for handling toxic chemicals or toxic chemical-containing products of unknown origin, and confiscated toxic chemicals or toxic chemical-containing products.
2. Organizations and individuals having toxic chemicals or toxic chemical-containing products confiscated shall bear all expenses for the disposal of the toxic chemicals or toxic chemical-containing products.
3. In case an individual prescribed in Clause 2 of this Article dies or is declared missing; an organization prescribed in Clause 2 of this Article is dissolved or declared bankrupt; or toxic chemicals or toxic chemical-containing products are of unknown origin or their owners cannot be identified, the costs for handling such toxic chemicals or toxic chemical-containing products shall be covered by the contingency budget allocated to the agency of the competent person that issues the decision on the handling thereof.
4. The Government shall prescribe the handling of residual toxic chemicals from war.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 47. Effect
1. This Law will take effect on January 01, 2026, unless otherwise prescribed in Clause 2 of this Article.
2. The regulations on the certificates of qualification for provision of chemical storage services prescribed in Clause 5, Article 14 of this Law shall take effect from July 01, 2026.
3. Law No. 06/2007/QH12 on Chemicals, which had a number of articles amended and supplemented under Law No. 28/2018/QH14 and Law No. 18/2023/QH15 (hereinafter referred to as Law No. 06/2007/QH12 on Chemicals), ceases to be effective on the effective date of this Law, unless otherwise prescribed in Article 48 of this Law.
Article 48. Transitional provisions
1. The investment construction feasibility study reports and the techno-economic reports on investment construction of chemical projects that have been submitted to competent agencies for appraisal but for which, as of the effective date of this Law, no appraisal document has been issued, the appraisal shall continue to be carried out in accordance with the law regulations on construction.
2. An organization or individual that have been issued with a permit of production of or trading in chemicals by a competent agency before the effective date of this Law may continue to operate in accordance with such permit until it expires.
For chemicals listed on the inventory of chemicals requiring special control issued under Point a, Clause 2, Article 9 of this Law that are not listed on the inventory of chemicals with restricted production and trading issued under the Law No. 06/2007/QH12 on Chemicals, compliance with the requirements in this Law must be achieved before December 31, 2026.
3. An organization or individual that have been issued with a certificate of qualification for production of or trading in chemicals by a competent agency before the effective date of this Law may continue to operate in accordance with such certificate until the end of December 31, 2027.
For chemicals listed in the inventory of chemicals subject to conditional production and trading issued under Point a, Clause 1, Article 9 of this Law that are not listed in the inventory of chemicals subject to conditional production and trading issued under Law No. 06/2007/QH12 on Chemicals, compliance with the requirements in this Law must be achieved before December 31, 2026.
4. Chemical incident prevention and response plans that have been approved, and chemical incident prevention and response measures that have been issued, before the effective date of this Law shall continue to be implemented accordingly as they are.
5. For a project prescribed at Point a, Clause 1, Article 37 and Point a, Clause 1, Article 38 of this Law of which the investment construction project preparation stage has completed before the effective date of this Law but the project owner has not yet developed a chemical incident prevention and response plan or chemical incident prevention and response measures, the project owner must develop a chemical incident prevention and response plan or chemical incident prevention and response measures as well as must have such plan approved or issue such measures before putting the project into operation.
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This Law was passed on June 14, 2025, by the 15th-tenure National Assembly of the Socialist Republic of Vietnam at its 9th sitting.
Chairman of the National Assembly
TRAN THANH MAN
VIETNAMESE DOCUMENTS
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