LE VIET THANG (MSc.)
Vietnam Chemicals Agency, Ministry of Industry and Trade
Tel: +84 982230483; Email: Thanglv@moit.gov.vn
November 2018

Introduction of Vietnam
Capital

Hanoi

Official language

Vietnamese

Ethnic groups

85.7% Vietnamese[b]53 minorities[show]

Religion73.2% Folk or Irreligious
12.2% Buddhism
8.3% Christianity

Government

Marxist-Leninist one-party socialist republicArea• Total• Water (%)

331,230.8[4] km2(127,888.9 sq mi) (65th)
6.4[5]

Population• 2016 estimate

94,569,072[6] (14th)• Density

276.03/km2(714.9/sq mi) (46th)

GDP (PPP)

2018 estimate• Total$705.774 billion (35th)• Per capita$7,463 (128th)

Currencyđồng (₫) (VND)

Time zone(UTC+7)[7][7]

Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)

State management of chemicals activities by life-circle (Law on Chemicals 2007)
Ministry

Import /ExportProduction

TradeTransport

Use

DisposalIndustry and Trade(MOIT) – Focal Point

ALL

ALL

ALL

-

Industrial-

Environment andNatural Resource –MONRE

POPs, waste--POPs, waste

Agriculture and Rural
Development -MARD

Crop Protection;
Agrochemicals

Crop Protection;
Agrichemicals

Crop Protection;
Agrichemicals-

Crop Protection;
Agrichemicals-

Health - MOH

Pharmaceutical;
biocidePharmaceutical;
biocidePharmaceutical;
biocide-Pharmaceutical;
biocide---Transportation - MOT

-

Main

POPs, waste--

Stakeholders engagement process
MOIT(Bộ Công Thương

Involved stakeholder)

Peop. Comm.
(Địa phương)Industry
MARD(Bộ Nông nghiệp và
Phát triển nông thôn)

MOJ(Bộ Tư pháp)

MOH
Chính phủ(Government)(Bộ Y tế)MOLISA(Bộ Lao động-Thương binh và xã hội)Association
MOST(Bộ Khoa học và Công nghệ)MoNRE(Bộ Tài nguyên và Môi trường)MOIT: Ministry of Industry and Trade; MARD: Ministry of Agriculture and Rural Development; MOH: Ministry of
Health; MOST: Ministry of Science and Technology; MONRE: Ministry of Natural Resource and Environment; MOJ:
MOLISA: Ministry of Labour-invalid s and social affairs; Peop. Comm.: People CommitteNew structure of Vinachemia
BeforeAfter

Administrative
OfficeAdministrative
OfficeDivision ofConvention andInternational
Cooperation

Representative
office in Ho Chi
Minh City

Leaders ofVinachemia

Center for
Database andSupport for the
Response to
Chemicals
Incident

Division ofChemicals
Information

Division ofStrategies andChemicalIndustry
Development

Division of
Precursor
management

Center for
Chemicals
SafetyLeaders ofVinachemia

Division ofChemicalIndustrial
Development

Division ofChemicalsManagement

Chemicals Industry in Vietnam
Industrial Gases

Fertilizer
Plant protection chemical

Petrochemicals

Basic chemicals
Chemical Powers

Rubbers Products

ChemicalIndustry

Detergents

Pharmaceuticals

Paints and printing inks

Chemicals Industry in Vietnam
Product

Fertilizer
Plant protection
Basic chemicals (H2SO4 & NaOH)

Capacity/year
Level of meeting the domestic demand
7,045,000 ton 80%
129,000 ton 15%
15% ( except soda, sulfur, industrial salt imported 100%)

H2SO4(98%) in Master plan

NaOH (100%) in Master plan

130,000 ton

Battery (normal battery)

454,000,000

Industrial gas (O2; N2; CO2; C2H2..)
Rubber product (tube, tires for car,motorbikes and bikes)
Petro-chemicals(all types)

Detergents
Paint and Ink (Chemical paint)
Pharmaceutical chemicals

66% in popular batteries using in motors; cars; imported 100%for special purpose
Meet the domestic demant

150,000,000 75%
Polystyrene 128,000 ton Almost petro-chemical product is imported
PVC 290,000 ton
PET fibers 320,000 ton
1,031,000 ton 6,0-6,5kg/capita ( for Vietnamese enterprises)
80% for the rate in average of 3-4kg/capita,
441,000 ton
High quality and ink imported almost 100%
500,000 ton 10% ( Imported more than 90% materials)

Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)

Legislation framework on chemical management
Schedule Chemicals

Explosives

LAW ON CHEMICALS
06/2007/QH12

Transportation

Environment

Fire Fighting

Waste
Decree38/2014/NĐ-CP

Law onExplosive

Circular
55/2014/TT-BCT

Decree71/2018/NĐ-CP

Training on Safety

Circular
13/2018/TT-BCT

Decree113/2017/NĐCP

Circular
32/2017/TTBCTCircular
36/2015/TTBTNMT

Decree104/2009/NĐ-CP

TCVN 6706:2000
Circular
35/2010/TT-BCA

TCVN 6707:2009

Circular
52/2013/TT-BTNMT
Decree44/2016/NĐ-CP

Circular
13/2017/TTBLĐTBXH

Circular
50/2012/TT-BCT

National
Standard
TCVN
5507:2002

Precusors

Circular
09/2016/TT-BKHCN

Circular
170/2016/TT-BTC
Decree73/2018/NĐ-CP
Circular
42/2013/TT-BCT

Decree163/2013/NĐ-CP

Chemicals in
Product

Decree60/2016/NĐ-CP

Circular
27/2015/TT-BTNMT

Penalty
Decree80/2001/NĐ-CP;
58/2003/NĐ-CP;
113/2017/NĐ-CP

Law onEnvironment
Protection

Decree18/2015/NĐ-CP

Law on Drugs

Fee for Chemicals
activities

Decree79/2014/NĐ-CP

Decree115/2016/NĐ-CP

Circular
30/2013/TT-BCT(ROSH)

Circular
26/2015/TT-BTNMTCircular
21/2017/TT-BCT(FORMALDEHYT)Circular
36/2015/TT-BCT(Tissue)

Circular
66/2014/TT-BCA

Labeling

International
Conventions(CWC, SAICM,
Rotterdam,
Minamata …)

Decree43/2017/NĐ-CP
Circular
32/2017/TT-BCT

National
Inventory andDatabaseLaw on Chemicals 2007
Content of Chapters

I
1. Applicable Legislation;
2. Definitions of Terminology;
3. Governing Principles;
4. Government policy on
chemical activities;
5. Prohibited activities.

II - VII

VIII&IX

1. Development planning;
2. Production and trade ofchemicals;
3. Classification, labeling,
packaging and MSDS of chemicals;
4. Use of chemicals;
5. Prevention and mitigation ofchemical accidents;
6. Declaration, registration andnotification of chemicals, inparticular.

1. Environment protection andcommunity safety;
2. State administration on
chemical activities;
3. State Agency;
4. Specialized inspection on
chemical activities;
5. Penalization of violations
under the law;
6. Settlement of disputes;
7. Implementation of the Law.

Law on Chemicals 2007

Achievements• Chemical activity is gradually put into place.
• Awareness on the law enforcement of organizations involved in chemical activities has
been gradually improving.
• The authorities from central government to local authorities and relevant agencies
have been more aware of their responsibilities in the management of chemicals.

Challenges• There are overlaps and inconsistence among the Law and its decrees.
• Some terms in the law are unintelligible and some definition of terms need to be
added.
• The issues should be reviewed: Administrative procedures; Chemical list; GHS…

Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)Decree 113/2017/NĐ-CP
Effective from 25/11/2017, replacing Decree 108/2008 / ND-CP and Decree 26/2011 / ND-CP

Principles for thedevelopment of theDecreeInherit theappropriate
regulations

Compliancewith Chemical
Law

Compliancewith Investment
Law

In line withreality andscientificDecree 113/2017/NĐ-CP

Procedures are abolishedCertificate for measures toprevent and respond to chemical
incidents by state management
agencies

Certificate for the declaration ofchemicals’ production,
registration of chemicals’ use

Chemical safety
certificate for labours

Decree 113/2017/NĐ-CP
Abandonment of the requirement to have a Approved Plan or
Measure as a condition of issuance of a License or Certificate
On condition
Licenses andcertificates forthe production
and trade of
conditional andrestrictedchemicals

Storage conditions: “Owning or having contracts for renting
chemical storage facilities or using storage facilities oforganizations and individuals purchasing chemicals that meetthe conditions."
Removing unnecessary documents

On dossiers andprocedures

The duration of the certificate issuance is reduced to 12
working days

Licenses and certificates have no time limitDecree 113/2017/NĐ-CP
Declaration ofimported chemicals

License for export
and import ofindustrial precursors

Chemicals list

National single
windows;
Automatically
respond

Exemption for goods
containing group 1 of lessthan 1%, group 2 of lessthan 5% of volume

GHS classification
criteria; each chemical islisted by name, formula,
CAS code, HS code

Exemptions:
Licensed; less than
10kg per import (notapplicable forrestricted chemicals)

The duration of License
for group 1 is increased
from 03 (three) months to
06 (six) months

All hazardous chemicals
which are not in the Listof Chemicals required
Plan need to develop
MeasureDecree 113/2017/NĐ-CP
Prohibited
Chemicals

Restricted
Chemicals

Annex III
(CWC,
Rotterdam
Convention)

Annex II,
Healthhazards
Category 1

Licensesfrom thePrime
Minister forsome special
purposes(authorized
to Ministerof MOIT)

Licensesfrom theMinistry ofIndustry andTrade

Conditional
Chemicals

Annex I;
Physicalhazards
Category 1;
Health hazards
Category 2,
Environmental
hazards

Confirmationfrom
Department
of Industry
and Trade

Declarable
chemicalsPlan,
MeasureIndustrial
precursors

Toxic
chemicals

Annex V(hazardous
chemicals)

Annex IV
(Serveso III)

Drugs
convention

Article 4,
Chemicals
Law

1. License
for Plan from
MOIT

Licenses forimport/export from
the Ministryof Industry
and Trade

National
SingleWindow

2. Selfapproved
MeasurefromCompany

Purchasing
controlpaper

Decree 113/2017/NĐ-CP
Chapter I. General Provisions
Article 1. Scope
Article 2. Subjects of application
Article 3. Definitions and terms
Chapter II. PRODUCTION AND TRADING OF CHEMICALS
Section 1. GENERAL REQUIREMENTS TO ENSURE SAFETY IN CHEMICALPRODUCTION AND TRADING
Article 4. Requirements on workshops and storehouses
Article 5. Requirements on technologies, equipment, tools and packages
Article 6. Requirements for preservation and transportation of chemicals
Article 7. Requirements on activities of extracting and packing chemicals

Decree 113/2017/NĐ-CP
Chapter II. PRODUCTION AND TRADING OF CHEMICALS
Section 2. MANUFACTURING AND TRADING OF CONDITIONAL CHEMICALS IN
INDUSTRY SECTOR
Article 8. Conditional chemicals in the industrial sector
Article 9. Conditions for issuing certificates of production and/or trading of conditional
chemicals in the industrial sector
Article 10. Dossiers and procedures for issuing certificates of production and/or trading ofconditional chemicals in the industrial sector
Section 3. MANUFACTURING AND TRADING OF INDUSTRIAL PRECURSORS
Article 11.Conditions for production and trading of industrial precursors
Article 12. Dossiers and procedures for licensing of export or import of industrial precursors
Article 13. Exemption and withdrawal of licenses of export or import of industrial precursors

Decree 113/2017/NĐ-CP
Chapter II. PRODUCTION AND TRADING OF CHEMICALS
Section 4. MANUFACTURING AND TRADING OF RESTRICTED CHEMICALS IN
INDUSTRIAL SECTOR
Article 14. Restricted chemicals in the industrial sector
Article 15. Conditions for licensing for production or trading of restricted chemicals in theindustrial sector
Article 16. Dossiers and procedures for licensing for production or trading of restrictedchemicals in the industrial sector
Article 17. Control of restricted chemicals in the industrial sector
Section 5. PROHIBITED CHEMICALS, TOXIC CHEMICALSArticle 18. Prohibited chemicals
Article 19. Toxic chemicals

Decree 113/2017/NĐ-CP
Chapter III. PLANS, MEASURES FOR PREVENTION, RESPONSE TO CHEMICALINCIDENT
Article 20. Plans for prevention and response to chemical incident
Article 21. Measures for prevention and response to chemical incident
Article 22. Safety distances for production and trading of dangerous chemicals
Chapter IV. CLASSIFICATION OF CHEMICALS, MSDS
Article 23. Classification of chemicals
Article 24. Material safety data sheetsDecree 113/2017/NĐ-CP
CHAPTER V. DECLARATION OF CHEMICALSArticle 25. Chemicals subject to declaration
Article 26. Declaration of production chemicals
Article 27. Declaration of imported chemicals
Article 28. Declaration exemption
Article 29. Confidential information
Article 30. National chemicals inventory and database
Chapter VI. CHEMICAL SAFETY
Article 31. Organizing the training of chemical safety
Article 32. Objects must be trained in chemical safety
Article 33. Contents, trainers and time for chemical safety training
Article 34. Evaluation of results and keeping of chemical safety training dossiers
Article 35. Responsibility of chemical safety trainingDecree 113/2017/NĐ-CP
Chapter VII. ORGANIZATION AND IMPLEMENTATION PROVISIONS
Article 36. Reporting regime
Article 37. Responsibility for State management of chemical activities
Article 38. Effectiveness
Article 39. Transition provision
Article 40. Organization
Annex I. List of conditional chemicals
Annex II. List of restricted chemicals
Annex III. List of prohibited chemicals
Annex IV. List of hazardous chemicals for Plan for prevention and response to chemical
incident
Annex V. List of declarable chemicals
Annex VI. Forms

Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)

Circular 32/2017/TT-BCT• Article 1. Scope• Article 2. Interpretation of terms• Article 3. Responsibility for the implementation of administrative procedures• Article 4. Promulgation of forms• Article 5. Form of presentation, layout and contents of the plan and measures to prevent andrespond to chemical incidents in the industrial sector• Article 6. Classification and labeling of chemicals• Article 7. Development of chemical safety data sheets• Article 8. Declaration of chemicals• Article 9. Reporting regime• Article 10. Responsibilities of functional departments under the Ministry of Industry andTrade, Department of Industry and Trade and Market Control Department• Article 11. Transitional provision• Article 12. EffectivenessCircular 32/2017/TT-BCTRESPONSIBILITY FOR CHEMICAL MANAGEMENT
Responsibility for implementing administrative procedures
1. Vietnam Chemicals Agency:• issuing import and export licenses for precursors;• Issuing, re-issuing, adjusting licenses for production and trade of restrictedchemicals in industrial sector under the authorization by the Minister;• Organizing the evaluation and submitting to the Ministry of Industry and Trade forconsideration and approval of plans for prevention and response to chemical
incidents in the industrial sector.
2. The DOIT: Issuing, re-issuing, adjusting certificates for production and trade of
conditional chemicals in industrial sector.

Circular 32/2017/TT-BCTAppendix 1: Dossiers of application forcertificates for restricted andconditional chemicals

Annex 5: Reporting Form
(Current reporting regimes areintegrated into one report)

FORMs
Appendix 4: Form ofPurchasing control paper
for toxic chemicals

Appendix 2: Dossiers of application forimport and export licenses of industrial
precursors
Appendix 3: Dossiers for the evaluation of Planfor prevention and response to chemical
incidents in the industrial sector

Circular 32/2017/TT-BCTTECHNICAL GUIDANCE
Plans and Measure for prevention and response to chemical incidents in the industrial sector(Appendix 6)

Risk prediction; Preventive
measures, inspection andsupervision

Prediction of risk, situation

Preventive measures
Forecast of incident situations;
response strategies

Incident Response PlanCircular 32/2017/TT-BCTTECHNICAL GUIDANCEClassification ofchemicals- Applying Version 2 of GHS 2007 onward;- Classes and Categories are almost unchanged, only
"Respiratory Hazard"

Labeling ofchemicals- Updated according to Decree 43/2017 / ND-CP- Specific labeling guidelines for small label- Clarifying responsibilities of organizations and individuals for
information on chemical labels and products

MSDS- No strict rules on forms and order- Only mandatory minimum content and guidelines are provided

Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)

National Chemicals Inventory and Database

Objectives

Support the development of chemicalindustry
Support the implementation of chemicals
management policies
Enhance the administrative procedures

Information sharing with DOIT, enterprises, public

Support for chemical incident response

National Chemicals Inventory and Database

National Database
National
inventory

Chemical’s
hazardinformation

Classificationand labelling ofchemicals

Exposure
information

Information ofLegalframework

Enterprise’
information(import, export,
use, product,storage…)

Information ofeach
manufacturing/
trading site

Information ofchemicals
incidents

Prediction of
the impact of
the incident

Information of
capacity forchemicals
incident
response

National Chemicals Inventory and Database- Collected
questionnairefrom enterprises- Results:> 3000
substances- Collect datafromenterprise

2016

2015

-Puplic
comment

Q1/2017
Direct survey attheenterprise Result:
4927

12/2018

Q1/2017
Q2/2018- process datafromenterprise to
make 3rd draftof NCI-> 30.000
substances- Submit to theGovernment- Deadline
2018

Content
Overview of Chemicals management system in Vietnam
The Law on Chemicals
Decree 113/2017/NĐ-CP
Circular 32/2017/TT-BCT
National Chemicals Inventory and Database
Trends toward the SCM (sound chemicals management)

Trends toward the SCM (sound chemicals management)
Chemicalmanagement for
the whole life
cycle

Clearly define theresponsibilities ofeach stakeholder inchemicalmanagement
Monitor andevaluate the impact
of chemicals on
health and theenvironment

Enhancing thepost-inspection andsanctioning of
violations

Openness in theadministrative
procedures

THE SOUNDCHEMICALSMANAGEMENT
IN VIETNAM

Setup national
database to share
relevant
informationtransparently

Thank you for the kind attention!