OVERVIEW OF REGULATIONSON CHEMICAL MANAGEMENT AND
ENVIRONMENTAL PROTECTION IN VIETNAM

Msc. NGUYEN THI NGUYET ANH
Northern Centre for Environmental Monitoring (NCEM)
Vietnam Environment Administration (VEA)
Ministry of Natural Resources and Environment (MONRE)
Website: http://www.quantracmoitruong.gov.vn

Tokyo, 19th December 2018`

Contents
1. Overview of chemical related laws andchemical management regulations in Vietnam
2. Environment protection in chemical field inVietnam
3. Activities of environmental protection andresponse to the latest international trends inVietnam
4. Introduction about Northern Center for
Environmental Monitoring (NCEM, VEA/MONRE)

Overall legal system on
chemical management inVietnam

Section 1:
Overview of chemicals related laws
and chemical management
regulations in Vietnam

Overview of chemical related laws (1)Stockholm Convention:• Chemical control, right toknow/access of thecommunity, protection ofhealth and environment;
Basel Convention, PIC,SAICM, Minamata
convention…

Law/regulation on
Chemical:• Chemical Law No.
6/2007/QH12,
Decree108/2008, Decree26/2011, Decree 163/2013,Decree 113/2017; Circular28/2010, Circular 20/2013,Circular 30/2011 (RoSH),
Circular 40/2011, Circular
04/2012 (GHS), Circular
07/2013, Circular 32/2017…

Overview of chemical related laws (2)Law/regulation on
environmental
protection:• Law on Environmental
Protection (2014),• Decree 19/2015/NĐ-CP,• Decree 38/2015/NĐ-CP,• Decree 155/2016/NĐ-CP,• Decree 60/2016/NĐ-CP,• Decision 1598/QĐ-TTg (2017),• Circular 36/2015/TT-BTNMT,• Technical regulations, …

Law/regulation ontransportation:• Law on transportation, Decree104/2009, Decree 29/2005,
Decree 39/2009 and Decree
54/2012, …

Other Laws:•Law on Fire Prevention andFighting;•Law on public health, foodsafety;•Laws on trade, customs

Vietnam Chemical Law/Regulations (1) In Vietnam, the main chemical law is Chemical Law No.
6/2007/QH12 dated in 21st Nov 2007 by Ministry of Industry andTrade (MOIT);

 Chemical Law: provides regulation in chemical activities,
safety in chemical field, right and duty of individual andorganization in chemical activities, state management inchemical.

Vietnam Chemical Law/Regulations (2) Chemical law is supported by various decree andministerial circular such as: Decree No. 104/2009/ND-CP providing for the list of

dangerous goods and the transport of dangerous goods byroad motor vehicles;
Decree No. 163/2013/ND-CP penalties for administrative
violations pertaining to chemicals, fertilizers and industrial
explosives;
Decree No. 113/2017/ND-CP Specifying and providing
guidelines for implementation of certain articles of the law
on chemicals;
Decree No. 73/2018/ND-CP stipulating on promulgating thelist of narcotics and pre-substances;
Decree No. 71/2018/ND-CP guiding the law onmanagement and use of explosive materials andsupporting tools for industrial explosives and explosives;

Vietnam Chemical Law/Regulations (3) Circular 18/2011/TT-BCT on April 21, 2011 of MOIT on

supplementation and abolishment of administrative
procedures of Circular 28/2010/TT-BCT.
Circular 40/2011/TT-BCT on Nov. 14, 2011 of MOIT on
chemical declaration.
Circular 04/2012/TT-BCT on Feb. 13, 2012 of MOIT onclassification and labelling of chemical (GHS)
Circular 07/2013/TT-BCT on April 22, 2013 of MOIT on
registration for use of dangerous chemical in productionof products and goods in industrial sector.
Circular 20/2013/TT-BCT on August 05, 2013 of MOIT on
plan and measure for prevention and response chemical
incident in industrial sector

Vietnam Chemical Law/Regulations (4) Circular 44/2012/TT-BCT on December 28, 2012 of MOIT on listof dangerous industrial goods with packaging required duringtransportation and transportation of dangerous industrial
goods; Circular 04/2016/TT-BCT on June 06, 2016 of MOIT amending,
supplementing a number of the MOIT’s circulars on
administrative procedures in the fields of e-commerce,
chemicals, liquor production and trading…;
 Circular 09/2016/TT-BKHCN on June 09, 2016 of MOST on theprocedures for the granting of permits to transport…;
 Circular 32/2017/TT-BCT on December 28, 2017 of MOIT
guidelines for implementation of certain articles of the law onchemicals and the government’s decree no. 113/2017/ND-CP
dated October 09, 2017 specifying and providing guidelines
for implementation of certain articles of the law on chemicals;Section 2:

Environment protection in chemical field
in Vietnam

Progress of Law on Environmental
Protection amendment in Vietnam (1)

1993

…

2005

…

2014

…

Progress of Law on Environmental
Protection (LEP) amendment in Vietnam (2) Conducting

Resolution
No.
20/2011/QH13 on
Nov. 26, 2011 of the National Assembly session XIII on
Program for establishing law and ordinance of National
Assembly session XIII, the Government has assigned MONRE
to implement a Project for revising the LEP 2005.

 Since April 01, 2013, the Draft of LEP has been posted to thewebsites of Government and MONRE for gatheringcomments/feedbacks from business and the community.

 At the 6th Meeting of Session XIII held on October 2013, theNational Assembly reviewed and gathered ideas of 145
members on the Draft.

 Currently, LEP No. 55/2014/QH13 on June 23, 2014.

Summary of LEP Articles related to thechemical management

 Prohibited actions
 Environmental protection concerns during the exploration, extraction and








processing of minerals
Management of ozone-depleting substances
Controlling and processing of marine and island environment
Environmental protection of underground water
Protection of land environment
Environmental protection in aquaculture
Environmental protection in goods import and transit
Environmental protection during import of scrap
Environmental protection with regard to chemicals, pesticides, and veterinarymedicines
Environmental protection for research facilities and laboratories
Taking-back and treatment of discarded products
Document compilation, registration and licensing of hazardous waste treatment
Classification, collection, and storage of hazardous wastes prior to processing
Transport of hazardous wastes

Law on Environmental Protection(2014)
 Date issued: 23th June 2014
 Effective Date: 1st January 2015 20 Chapters 170 Articles

 Article 78: “Environmental protection on chemical; plant
protection chemical; veterinary medicine”
 Some other items in other articles related
environmental protection and chemical managementtoLaw on Environmental Protection related
to the chemical management (1)1. Prohibited actions
 In item 9, Article 7: prohibition of importing and transiting

chemicals that do not meet environmental protection
requirements (the LEP 2005 does not have this regulation)

2. Environmental protection concerns during the exploration,extraction and processing of minerals
 In Article 38:
 Item 3: Employment of machinery and equipment that cancause harmful impacts on the environment, hazardous
chemicals in the mineral exploration and extraction issubject to the examination and inspection carried out by
the agency in charge of State management ofenvironmental protection.
 Item 4: Prospecting, extraction, shipping and processing ofpetroleum and minerals that contain radioactive, toxic andexplosive agents must conform to regulations set out in thisLaw and the law on chemical safety, radiation safety andnuclear safetyLaw on Environmental Protection related
to the chemical management (2)3. Management of ozone-depleting substances Article 50: Prioritize the introduction and implementation ofpolicies on and plans for management, mitigation andelimination of ozone-depleting substances. Prohibit theproduction, importation, temporary importation and reexportation as well as consumption of ozone-depleting
substances in uniformity with the regulations set out in theinternational agreements to which the Socialist Republic ofVietnam is a signatory.

4. Controlling and processing of marine and island
environment― Article 50: chemicals and other toxic substances used inactivities on marine and islands must be collected, stored,transported and treated after use according to regulations
on waste management. (LEP 2005 does not have this).

Law on Environmental Protection related
to the chemical management (2)5. Environmental

protection of underground water Article 58 :
 Only allow to use permitted chemical in the approved list

released by the competent regulatory agency in course ofprospecting and extraction of underground water.
 Production, trading and service provision facilities that
employ harmful chemicals and radioactive substances must
apply preventive measures against leakage and spread out
to the underground water Chemical sheds, treatment facilities and landfills of
hazardous wastes must be developed to ensure technicalsafety, and apply necessary measures to barricade harmful
chemicals absorbed into the underground water inaccordance with legal regulations (LEP 2005 does not havethis).

Law on Environmental Protection related tothe chemical management (3)6. Protection of land environment
 Article 61: Controlling of land environmental pollution
 Land areas containing soil and mud exposed to thedioxin agent which is derived from the herbicide used in
the war time, remains of plant pesticides and otherhazardous substances must be investigated, assessed,
restricted and disposed in order to meet the required
standards set out in the environmental protection
regulations (LEP 2005 does not have this)Law on Environmental Protection related tothe chemical management (4)7. Environmental protection in aquaculture Article 71:
 Every entitythat produces, imports, and/or sells
aquacultural medicines or chemicals must comply withenvironmental protection regulations and relevant
regulations of law.

 Do not use aquacultural medicines or chemicals that areexpired or not on the list of permissible substances inaquaculture.

 Expired aquaculture medicines and chemicals; used

containers of aquaculture medicines and chemicals, mudand feed that deposit while cleaning must be collected
and treated in accordance with waste management
regulations.

Law on Environmental Protection related tothe chemical management (5)8. Environmental protection in goods import and transit
 Article 75:
 Imported chemicals and goods shall meet requirements
on environmental protection.

 Prohibition of importation of chemicals in the list of being
ban to import.

9. Environmental protection during import of scrap
 Article 76:
 Imported scraps must satisfy environmental standards andon the list of permissible scrap materials compiled by thePrime Minister.

 Only import scrap for raw materials purpose.

Law on Environmental Protection related tothe chemical management (6)10. Environmental protection with regard to chemicals,pesticides, and veterinary medicines Article 78:
 Every entity that produces, imports, sells, uses, transports,stores, transfers, and/or processes chemicals, pesticides,and/orveterinary
medicines
must
complywithenvironmental protection regulations and relevant
regulations of law.

 Chemicals, pesticides, and veterinary medicines with hightoxicity, stability, likely to spread or agglomerate in theenvironment and negatively impact the environment andhuman health must be registered, managed, assessed,and processed in accordance with law.

 The MONRE shall take charge and cooperate with theMOIT and the MARD in elaborating this Article.

Law on Environmental Protection related tothe chemical management (7)11. Environmental protection for research facilities and laboratories
 Article 79:
 Research facilities, laboratories shall process, destroy

analytical samples, chemicals according to theenvironmental and technical regulations. Every research
institute and laboratory that uses radioactive substances
must comply with regulations of law on radiation safety
and nuclear safety. (LEP 2005 does not have this)

12. Taking-back and treatment of discarded products Article 87:
 Discarded products shall be collected and treated inaccordance with decisions of the Prime Minister.
(Article 67 of LEP 2005 regulates: chemical used in industry,agriculture and aquaculture must be collected andtreated. This content is detailed in Decision 50/2013/QD-TTg
on August 09, 2013 of the Prime Minister).

Law on Environmental Protection related tothe chemical management (8)12. Management of hazardous wastes
 Article 90: Document compilation, registration and licensing ofhazardous waste treatment
 The MONRE regulates a list of hazardous wastes and shallissue licenses to process hazardous waste.
 Article 91: Classification, collection, and storage of hazardous
wastes prior to processing
 Every entity that discharges hazardous wastes must collect,
store, and process hazardous wastes in accordance withenvironmental standards; if the entity that discharges
hazardous wastes fails to process hazardous wastes inaccordance with environmental standards, hazardous
wastes shall be transferred to an entity licensed to process
hazardous wastes.
 Hazardous wastes must be kept in specialized containersthat ensure no negative impacts on humans and theenvironment.

Law on Environmental Protection related tothe chemical management (9)12.Management of hazardous wastes (cont.) Article 92: Transport of hazardous wastes
 Hazardous wastes must be transported with suitablevehicles and equipment which are specified in thelicense to process hazardous wastes.
 Hazardous wastes transported to another country mustcomply with the international agreements to which theSocialist Republic of Vietnam is a signatory.

Section 3:
Activities of environmental protection andresponse to the latest international trends
in Vietnam

Summary of International experienceon management tools
 Registration and Control of Chemical Releases
 Pollutant release and transfer register (PRTR) system: E-PRTR in EU,









NRTR in Canada, TRI in USA, PRTR in Japan, TRI in Korea, TRI ofin
Australia.
Database of chemicals, registered chemical use
GHS system
REACH, RoSH,"Voluntary" programs: chemical evaluation, exposure assessment
for children, ChemClear, ...
Management of transport of dangerous goods
Prevention, response and remediation of the environmentalaccidents
Construction of a rapid response system for the environmental
accidents
Waste is the raw material, managed by the life cycle
Environmental health management

Implement the Stockholm Convention
 Strengthen capacity and invest in infrastructure Improved the capacity of environmental monitoring,

environmental control for POPs, especially theUnintentional POPs (U-POPs) in environmental matrix(ambient air, emission gas, biological samples and humansamples such as breast milk, blood also; Inspection and accreditation, certification of laboratories;

Join the international laboratory network: Dioxin
Lab/CemLab (NCEM, VEA), CETASD Lab (HUS), Institute ofEnvironmental Technology, QUATEST, ERI Lab, Viet-Nga
Tropical Lab ...

 Strengthening knowledge and capacity to environmental

health risk assessment and management regarding toPOPs

Inventory, monitoring and evaluation ofPOPs pollution•••••

Surveying, inventory on use and release of POPs inVietnam;
Identification, inventory and evaluation of pesticide
residue pollution points;
Identification of materials, equipment, wastes
contained PCB: through sampling, screening, quick
test, accurate analysis;
Overall inventory of U-POP resources, identifying key
areas for U-POP management
Participation in POPs monitoring activities in Vietnam,
region and the world: regional POP monitoring,scientific research activities,...

Treatment, remediation of POPs pollution•

Building capacity for the handling and inspecting ofPOPs- wastes and the POPs contaminated areas: PCBs,
Pesticide POPs; Dioxin/ Agent Orange, Dioxin industrial- wastes;•

Various types of technologies have been introduced
and evaluated: Chemistry, biology, mechanics,
combustion, co-processing, thermal decomposition,long-term storage, burial, ...and some have been
accepted for operation.

Implement the Decision 184/2006/QD-TTg,1598/QD-TTg (2017) approving the Master
Plan on Implementation of the Stockholm
convention on POPs•
••
•

•

•
•

Good in resource mobilization
Most of the activities have been carry out
Markedly improve in awarenessPositively impacting at various levels: policy, law,technology, and community consciousness
Get high international support:
 Well cooperation of International organizations; Good reviews from GEF
 Recognition of regional and international countries
It is needed to continue to persevere and strengthen
the interdisciplinary and multi-sectoral coordination
It is necessary to promote local activities

Plan for future
 Revising the Law on Environmental Protection; and draft, revise
some other regulations under the Law, such as: Decree on the management of waste and scrap
 Joint circular on control of chemical emissions
 Circular on the prevention, response and remedy of environmental
incidents

 Circular on PCB management
 Circular on the control of industrial POPs Circular on collection and destruction of pesticide packaging
 Regulations on the withdrawal of waste products

Plan for future Increasing the cooperation between line ministries inchemical management (MOIT, MARD, MONRE, MOH,…).

 To have clear and effective coordination mechanism among
related agencies in controlling chemical pollution

 Strengthen the international collaboration on environmental

protection and chemical management with other countries andorganizations.

Plan for future Develop a mechanism to encourage the participation ofbusinesses and communities in reducing chemicalemissions.

 Implementing chemicalmanagement over life cycle.

Section 4:
Introduction about NCEM, VEA/MONRE

About us(MONRE)(VEA)(NCEM)

About us
Our office:I• Hanoi
Our tasks and missions:• Central point for the monitoring
network in whole country.
• Do monitoring in 28 provinces in
the North of Vietnam.
Our staff: 85

VEA/ MONRE

NCEM

Administrative Office

Automatic Monitoring
and Calibration Lab

Env. Monitoring andPollution Alarming
Division

Environmental, Dioxin
and Toxins Lab_CEMLabNCEM’s certifications• Environmental laboratory: ISO/IEC 17025:2005 - VILAS
430• Dioxin laboratory: ISO/IEC 17025:2005 - VILAS 545• Calibration laboratory: ISO/IEC 17025:2005 - VILAS 575• Environmental Monitoring
17025:2005 - VILAS 596

SystemDivision:

ISO/IEC• Follow and maintain the quality system: ISO 9001:2008• Achieve the certification issuing by the Minister ofNatural Resources and Environment on qualification forenvironmental monitoring service - code: VIMCERTS 027

FIND OUT MORE
 Website: www.quantracmoitruong.gov.vn
www.vea.gov.vn

 Telephone: +84 2435771816

 Fax: +84 2435771855

 Email: cem@vea.gov.vn

 Write: Northern Centre for Environmental Monitoring

No. 556 & 558 Nguyen Van Cu, Long Bien, Hanoi, Vietnam

THANK YOU FOR YOUR ATTENTION!
TRÂN TRỌNG CẢM ƠN!