ENVIRONMENTAL PROTECTION IN
CHEMICAL FIELD IN VIETNAMNGUYEN ANH TUANPOLLUTION CONTROL DEPARTMENT,VIETNAM ENVIRONMENT ADMINISTRATIONMINISTRY OF NATURAL RESOURCES AND ENVIRONMENTCONTENTS
Section 1 – Overall on legal framework inchemical management in Vietnam
Section 2 – Amendment of Law on
Environmental Protection (2013-2015)
Section 3 – New regulations ontransportation of dangerous goods
Section 4 – Draft regulation on Pollutants
Release and Transfer RegisterMajor functions of the environment
Habitat of humanand species

Place tostore resources

ENVIRONMENT

Place to store andsupply information

Place to contain
artificial wastes

Section 1 – Overall on
legal framework inchemical managementin Vietnam

Chemical Pollution
 Environmental pollution caused by chemical activities
 Chemical activities: all activities in life cycle
 Research and production
 Export and import Transportation and storage Usage Discharge, disposal Chemical, hazardous chemicals
 Dangerous goods
 Chemical incident, environmental incident
 Relate to all production and business activities
 Integrated with pollution in environment’s components: soil,
water, air, sediment, species

History of agreements in environmentenvironment-chemical (1) 1972 – UN Conference on environment and human:
approval of “Statement of UN Conference on environmentand human” and “Action Plan”; Establishment of theUNEP 19871987-1992 Approval of Montreal Protocol: phasing out the
production and use of substances caused ozone
depletion; UN Conference on Environment andDevelopment (UNCED): Approval of Rio declaration on
Environment and Development; Chapter 19 of Agenda 21,“Environmentally“Environmentally sound management of toxic
chemicals”;
chemicals”; Oslo and Paris Convention (OSPAR
Convention): regulation on input of substances into
marine environment; OECD introduced High Production
Volume Chemical (HPVC)

History of agreements in environmentenvironmentchemical (2) 20022002- World Summit on Sustainable Development(WSSD): approval of “Implementation Plan of WSSD” and“Johannesburg Declaration on Sustainable Development”
 2003 – UN introduced “Globally“Globally Harmonized System ofClassification and Labeling of Chemicals (GHS)” anddetermine objectives for total implementation of GHS in2008 2004 – Rotterdam Convention (PIC) stated validity: Prior
Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade;
Stockholm Convention (POP Convention): phasing out
production and use of POPs, reduce and eliminate UPOPs
 2006 – International Conference on Chemical
Management: Approval of “Strategic“Strategic Approach toInternational Chemicals Management (SAICM)”

Development of legal framework in Vietnam
Direction and major measuresfor chemical control in environment
1.
2.
3.

4.
5.
6.
7.

Control of new chemicals;Management of existing chemicals;
Provide information through the supply chain(MSDS/GHS, chemicals in products); Life Cycle
Management
Apply PRTR system and report in chemical
release;Voluntary approaches for chemical control(strengthening beginbegin-ofof--pipe control)
Management of environmental/chemical incidents
Communication measures on chemical risks andenvironmental risks

Legal system of Vietnam on
Environmental Protection for
Chemical Pollution
and Sound Management of Chemicals

Overall on legal system (1) Stockholm Convention: Chemical control, right to











know/access of the community, protection of health andenvironment; Basel Convention, PIC, SAICM
Law/regulation on environmental protection: Law on
Environmental Protection (LEP), Decree 29/2011, Decree
179/2013, Circular 26/2011, Circular 12/2011, Joint Circular
34/2012, QCVN, …
Law/regulation on Chemical: Law on Chemical, Decree
108/2008, Decree 26/2011, Decree 163/2013, Circular 28/2010,
Circular 20/2013, Circular 30/2011 (RoSH), Circular 40/2011,
Circular 04/2012 (GHS), Circular 07/2013 …
Law/regulation on transportation: Law on transportation,
Decree 104/2009, Decree 29/2005, Decree 39/2009 and Decree
54/2012, …
Law on Fire Prevention and Fighting
Law on public health; food safety
Laws on trade, customs

Overall on legal system (2) _ Chemical Law
and its legal documents
1. Chemical Law: provides regulation in chemical activities,
safety in chemical field, right and duty of individual andorganization in chemical activities, state management inchemical..
chemical
2. Decree 108/2008/ND
108/2008/ND--CP on Oct. 07, 2008 of theGovernment regulates and guides implementation ofChemical Law.
3. Decree 26/2011/ND
26/2011/ND--CP on April 08, 2011 revising somearticles on Decree 108/2008/ND108/2008/ND-CP.
4. Decree 163/2013/ND
163/2013/ND--CP on Nov. 12, 2013 regulating
sanctions/penalty in management of chemicals, fertilizers
and industrial explosive materials.
5. Circular 28/2010/TT
28/2010/TT--BCT on June 28, 2010 of Ministry ofIndustry and Trade (MOIT) detailing some articles ofChemical Law and Decree 108/2008/ND108/2008/ND-CP.

Overall on legal system (3) _ Chemical Law
and its legal documents
6. Circular 18/2011/TT18/2011/TT-BCT on April 21, 2011 of MOIT on
supplementation and abolishment of administrative
procedures of Circular 28/2010/TT
28/2010/TT--BCT.
7. Circular 40/2011/TT40/2011/TT-BCT on Nov. 14, 2011 of MOIT on
chemical declaration.
8. Circular 04/2012/TT
04/2012/TT--BCT on Feb. 13, 2012 of MOIT onclassification and labeling of chemical (GHS)
9. Circular 07/2013/TT
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.
10. Circular 20/2013/TT20/2013/TT-BCT on August 05, 2013 of MOIT on
plan and measure for prevention and response chemical
incident in industrial sector

Overall on legal system (4)– Transportation of Chemicals
 Law on Environmental Protection 2005; Chemical Law 2007;
 Law on Civil Aviation; MarineMarine-time Law; Law on Road traffic;
Law on inland waterway transportation
 Decree 108/2008/ND108/2008/ND-CP; Decree 26/2011/ND26/2011/ND-CP
 Decree 104/2009/ND104/2009/ND-CP on Nov. 09, 2009 regulating list ofdangerous goods and its transportation by vehicle;
 Decree 29/2005/ND29/2005/ND-CP on March 10, 2005 regulating list ofdangerous goods and its transportation by inland waterway;
 Decree 109/2006/ND109/2006/ND-CP regulating and guiding
implementation of Railway Law.
 Decree 89/2006 on labeling of goods; TCVN 5507: regulationon label and technical requirement

Overall on legal system (5)_ Chemical incident
 Environmental/Chemical Incident Law on Environmental Protection 2005 andrelated documents
 Chemical Law 2007 and its documents
 Environmental incident and Chemical incident:
 Similar concept, but differrent in scope of impact
 In reality, relation and information exchange still
limited Some overlaping in regulations

SECTION 2 AMENDMENT OF LAW ONENVIRONMENTAL
PROTECTION IN VIETNAM(focus on regulation
regarding chemical pollution)

PROGRESS OF LEP AMENDMENT IN VIETNAM
1. Conducting Resolution No
No.. 20
20//2011/QH
2011/QH13
13 on Nov.
Nov. 26
26,,
2011 of the National Assembly session XIII on Program forestablishing law and ordinance of National Assembly
session XIII, the Government has assigned MONRE to
implement a Project for revising the LEP 2005.
2005.
2. Since April 01
01,, 2013,2013, the Draft of LEP has been posted to
the websites of Government and MONRE for gatheringcomments/feedbacks from business and the community.
community.
3. At the 6th Meeting of Session XIII held on October 2013,
2013,
the National Assembly reviewed and gathered ideas of 145
members on the Draft.
Draft.
4. Currently, the Draft is being completed to submit to the
National Assembly for approval by 7th meeting, which will
2014..
be held in May 2014

CONTENTS OF THE DRAFT OF LEP RELATED TO
CHEMICAL MANAGEMENT
1. Prohibited actions- In item 8, Article 7 of the Draft regulates: prohibition ofImporting chemicals that do not meet environmental
protection requirements (the LEP 2005 does not have thisregulation).
2. Environmental protection in mineral exploration,
exploitation and processing activities- In Article 40 of the Draft regulates that:+ The use of hazardous chemicals in exploring, exploiting andprocessing minerals shall have technical certificates and bechecked, supervised by the state management agencies onenvironmental protection.
protection.
+ Exploring, exploiting, transporting and processing oil, gas andother minerals containing radioactive and hazardous
substances shall comply with regulations on chemical, nuclear
and radiation safety and other regulations on environmental
protection (Article 44 of LEP 2005 also has this regulation).

CONTENTS OF THE DRAFT OF LEP RELATED TO
CHEMICAL MANAGEMENT (cont.)

3. Control and treatment of marine and islands
environmental pollution- Article 51 of the Draft regulates:
regulates: chemicals and other toxic
substances used in activities on marine and islands must
be collected, stored, transported and treated after use
according to regulations on waste management
management..
(LEP 2005 does not have this).
this).

4. Environmental protection of undergroundwater
Article 59 of the Draft:
Draft:- Only chemicals on permitted lists issued by authorizedstate agencies may be used in groundwater explorationand exploitation.
exploitation.
- It is strictly forbidden to introduce toxic chemicals andother harmful agents into groundwater sources.
sources.
- For mineral exploitation projects and other projects using
toxic chemicals, measures must be taken to prevent
leakage and dispersal of toxic chemicals and wastes into
groundwater sources.
sources.
- Chemical warehouses shall be constructed to ensuretechnical safety and prevention of toxic chemicals from
penetration into groundwater sources (LEP 2005 does nothave this).
this).

5. Pollution control for soil environment
Article 62 of the Draft:
Draft:
Land areas contaminated with dioxin, residues
from plant protection chemicals and otherhazardous substances shall be investigated,assessed,locatedandtreatedensuring
environmental requirements(LEP 2005 does not have )6. Environmental
activities

protectionforchemical- Article 72 of the Draft:
Draft:+ Organization, individual who have chemical activity
including production, import, business, use, transport,
storage, transfer and treatment of chemicals must
follow regulations on environmental protection ior
chemicals and other related regulations
regulations..
+ Every organization, individual who uses andgenerate chemicals in production, trading businessand services must conduct risk assessment ofchemical to community and must have rationalsafety management
management..

6. Environmental
activities (cont(cont..)+

protectionforchemical

Organization, individual who uses andgenerate chemicals or materials, products
containing harmful chemicals to environment
has to conduct chemical release registration,
report and public information on chemical
release affecting environment
environment..

+ Chemicals with high toxicity, persistent, wide
spreadingandhighaccumulative
characteristics causing adverse impacts to theenvironment and human health must be
inventoried, monitored, controlled of pollution,
reduce of release and eventually eliminated.
eliminated.

6. Environmental protection for chemical activities(cont..)(cont+ MONRE regulates lists of chemicals mentioned in this
Article, the registration and information management ofchemical release
release;; provides instructions for assessment andmanagement of environmental risks of chemicals
chemicals..
Article 88 of LEP 2005 regulates chemical safety:+ Organizations and individuals engaged in the production, trade in,transport, storage, use and other activities relating to chemicals
shall be only permitted to operate if they fully comply with chemicalsafety conditions, procedures and measures in accordance with theprovisions of the law on the management and use of chemicals andthe other provisions of the relevant law.
law.
+ Use of chemical fertilizer, chemicals, feeds, pesticides andveterinary medicines that are likely to cause environmental
pollution, deterioration and biodiversity degradation, must be
restricted.

7. Environmental protection for commodity
import and transit
Article 77 of the Draft:
Draft:- Imported chemicals and goods shall meet requirements
on environmental protection
protection.. Prohibition ofimportationof chemicals in the list of being ban toimport;;import- When the ban chemicals imported, their owners shallrere-export, dispose or destroy under legal regulations
on waste management
management;; in case of leading to serious
environmental consequences, the owners shall behandled with administrative fines or prosecuted for
criminal offences depending on the characteristics andlevel of violation
violation;; if causing damages, the owners shallcompensate according to the provisions of laws
laws..

8. Environmental protection for aquaculture
Article 81 of the Draft:
Draft:- Organizations, individuals producing, importing, dealing
in chemicals used in aquaculture shall follow provisionsof laws on environmental protection and other relevant
regulations of laws;
laws; Must not use chemicals that are
expired or beyond the list permitted in aquaculture
aquaculture;;
Expired chemicals used in aquaculture, containers,
packages of chemicals used in aquaculture after use
shall be collected, handled under waste management
regulations (the LEP 2005 also has this regulation)
regulation)..
- Concentrated aquaculture areas shall not use hazardous
or toxic accumulated chemicals

9.
Environmental protection for researchfacilities and laboratories
Article 82 of the Draft:
Draft:
Research facilities, laboratories shall process,destroy analytical samples, chemicals according to
the environmental and technical regulations (LEP
2005 does not have this).
this).
10. Environmental
10.
components
andsubstances needed to be monitored
Article 129 of the Draft:
Draft: hazardous chemical
released and accumulated in the environment
need to be monitored(LEP 2005 does not have this).
this).

11.. Take
11
ake--back and treatment of products
Article 85 of the Draft assigns the Prime Minister toregulate list of taketake--back and treatment of end
end--use
products including chemicals.
chemicals.
(Article 67 of LEP 2005 regulates:
regulates: chemical used inindustry, agriculture and aquaculture must becollected and treated.
treated. This content is detailed in
Decision 50
50//2013/QD
2013/QD--TTg on August 09
09,, 2013 of thePrime Minister).
Minister).

IV. Remark
 The LEP 2005 has been approved on 29/
29/11/
11/2005 andentered into force since 01/
01/07/
07/2006
2006.. After 8 years of
implementation, the LEP 2005 has contributed
significantly for environmental pollution prevention andcontrol;; slowing down
control
the pollution;
pollution; improve
environmental quality at some water sources and land
areas, …
 However, still some regulations are not practical, notfeasible, not specific ; and also can not cope with therapid development of the economy and international
integration of Vietnam
Vietnam..
 Particularly, there are still overlaps or gaps in thelegislation regarding the hazardous waste management,
pesticides, toxic chemical releases, environmental
incidents, ..

IV. Remark (cont.) These shortcomings reduce the effectiveness andimpacts of the state management activities forenvironmental protection.
protection.
 The revision of LEP 2005 is to overcome theproblems and also provide the more systematicand strong solutions for environmental protection
 The new LEP has been being developed as the
Framework
Law, with a vision towards a
Systematic Legislation of Environment
 Many regulations will also be developed under the
New LEP to explain and support theimplementation (but not too many regulations !)Section 3 – Regulation on
the transportation ofdangerous goods(Circular on transportationof dangerous goods of toxic
substances and infectious
materials)

Presentation content
I. Regulation Goals
II.ScopeII.
Scope of Regulation
III.Objects
III.
Objects of Regulation
IV.Steps and Procedures for granting the
IV.Steps
permit for transportation of dangerous
goodsExample: Accidents

Transportation accident – 800 L of chemicals, 150 m road contaminated
DONRE and Dist. Office of Natural resources and Environment
managedto solve the problems.

 Other accidents: Spill of 13.480 kg of highly
concentrated acids

The Regulation’s Goals
1.To concretize the current provisions of the law as
1.To
well as detailing the contents of the transport ofdangerous goods
goods;; Namely
Namely::Decree No
No.. 29
29//2005
2005/ND/ND--CP dated 10
10//3/2005(Clause 1, Article 4, Paragraph 2 of Article 15 point d ...
...));
Decree No
No.. 109
109//2006/ND
2006/ND--CP dated 22
22//9/2006 of
the Government (paragraph 1 of Article 23
23,, Point d, Clause
2, Article 36 ...
...));-Decree No
No.. 104
104//20092009/ND/ND--CP dated 09
09//11
11//2009 of theGovernment (paragraph 1 of Article 4, Clause 5, Article 18...
...)).
2.To implement the state management activities in the
2.To
field of chemical pollution control
control;; reduce, prevent andrespond to the accidents of transportation ofdangerous goods that potentially release toxic
chemicals into environment

Scope of Regulation
Under the provisions of the above mentioned
Decrees::
Decrees- Dangerous goods under the management of the
Ministry of Natural Resources and Environment
are toxic substances, and infectious substances(class 6 in the Annex):
Annex):- Do not include chemicals managed byagricultural and health sectors
Scope of regulation:
regulation:
1. Conditions for transportation of dangerous goods
2. The steps and procedures for granting permits fortransportation of dangerous goods

Conditions for transport of dangerous goods
1. Must have Permits for transportation of dangerous goods:
Case 1:- Transportation of dangerous goods by road vehicle.
- Volume of dangerous goods to be transported higher thanrespective threshold specified in the list (Annex).
Case 2:- Transportation of dangerous goods by road vehicle.
- Each type of dangerous goods do not exceed the volume
specified in the Annex, but the total volume of dangerous
goods is greater than 01 tons / 1 transportation (not include
the volume of packaging, containers, … ).

2. Do not need to have Permits for transportation ofdangerous goods
goods::
Case 1:- Transportation of dangerous goods by road vehicle.
vehicle.
- Volume of dangerous goods to be transported lower thanthreshold specified in the list (Annex).
(Annex).
Case 2:- Transportation of dangerous goods by inland waterways or
railways..
railways- Compliance with the provisions of the Decree, ISO, NTR, ... ,respectively..
respectively- Meet the conditions of packaging, packaging, containers,
labeling, logos, danger signs
signs;; requirements for means oftransport;; Conditions for the driver and the escort person.
transport
person.

Other general requirements:
requirements:
Have to develop Plan to prevent andrespond to Environmental incidents.
incidents.
Have to meet the requirements ofpackaging, containers, labeling, signs ofdangerous goods
goods;;Have to meet requirements for the modes oftransportation;;transportation
Have to meet requirements for the driverand escort person.
person.

Objects of regulation
II. Organizations and individuals engaged in activities
related to the transportation of dangerous goods bymeans of by road vehicles, inland waterways, railways,
namely:1. Owners of dangerous goods
2. Owners of transport means of dangerous goods
3. The drivers/controllers of transport means
4. Escort/supervise people for dangerous goods1. Owner of dangerous goods•Ownership of dangerous goods to be transported
transported..
•Can apply for a permit to transport•If he/she have no permit for transportation ofdangerous goods, the transportation must be hired
and implemented by permitted vehicles
vehicles..
2. Owner of transportation means for dangerous
goods•Ownership of transportation vehicles•Need to apply for a permit of transportation ofdangerous goods

3. The driver of transportation means•Have a valid License to control the vehicles•Meet one of the following conditions
conditions::oHave a Certificate for transportation of dangerous
goods (trained and issued by the Ministry of Natural
Resources and Environment)
Environment)..
oHave a Certificate of Technical Safety fortransportation of industrial hazardous goods (Issued by
Ministry of Industry and Trade)
Trade)..
oHave a Certificate of professional training in fire
prevention and response for transportation (issued by
the Department of Fire protection).
protection).

4. Escort person of dangerous goods:
goods:•Meet one of the following conditions
conditions::oHave a Certificate for transportation of dangerous
goods (trained and issued by the Ministry of Natural
Resources and Environment)
Environment)..
oHave a Certificate of Technical Safety for transportationof industrial hazardous goods (Issued by Ministry ofIndustry and Trade)
Trade)..
oHave a Certificate of professional training in fire
prevention and response for transportation (issued by
the Department of Fire protection)
protection)..
oHave trained degree in Technical college on chemistry

Steps and procedures for granting a permit:
permit:1. Procedure:
Procedure: Application file to be submitted to VEA•An application form
•List of goods, volume and transportation schedule,•The list of drivers and escorts.
escorts.
•Driver's license, registration certificate of transport means,accreditation certificate of technical safety and environmental protection
for the vehicles
vehicles..
•Other related certificates.
certificates.
•Registration of business•A copy of identity card / passport for drivers and escorts•Economic contract or written agreement (for the case of hiringtransportation)..
transportation)•Chemical safety sheet.
sheet.
•Test results for packaging, container (if available, and theowner/operator is responsible for test results if selfself-testing).
testing).
•Developed Plan for prevention and response environmental incidents.
incidents.
•Cleaning measures of vehicles after transportation.
transportation.

.

2. The procedures
procedures::•The application file to is sent to the VEA toassessment for granting/not granting a permit.
permit.
•Additional time to complete application documents
if the application is invalid:invalid:
05 daysdays..
•Time for assessment of the application file:
file:
10 daysdays..
•Time for examination and granting the Permit
Permit::20 daysdays..

Provisions of Responsibilities and rights
 All organizations and individuals relatedtransportation of dangerous goods
 Responsible for monitoring and inspection:
inspection:to Vietnam Administration of Environment
 The local Department of Natural Resources
and Environment
 The District Office of Department of Natural
Resources and Environment

Section 4 – Circular onregistration of chemical
releases into environment
and public disseminationof information on chemical
releases (Draft)Chapter I - General Provisions
Article 1. Scope of regulation
1. Registration of chemical releases; report on
releases of hazardous chemicals
2. Public information to the community
Article 2. Applying Subjects of regulation
Article 3. Interpretation of terms/concepts

Chapter II – REGISTRATION, REPORT AND
MANAGEMENT OF INFORMATION OF
HAZARDOUS CHEMICAL RELEASES INTO
ENVIRONMENTArticle 4. The list of hazardous chemicals ofenvironmental concern
Article 5. Registration and reporting of hazardous
chemical releases into environment
Article 6. Information of chemical release from nonnon-point
sourcesArticle 7. Evaluation and quality assurance data on
chemical releases
Article 8. Compile, summary and disclosure of informationof chemical release into environment
Article 9. Information protection

Chapter III - CONTROL OF CHEMICALRELEASES FROM MANUFACTURING AND
TRADING OPERATIONSArticle 10 . Requirements on control and monitoringof chemical releases into environment
Article 11 . Control of chemical disposal in researchfacilities, test of chemicals and products of concern

Chapter IV - IMPLEMENTATION AND
ENFORCEMENT PROVISIONSArticle 12 . Responsibilities of the Ministry of
Natural Resources and Environment
Article 13 . Responsibilities of the Department of
Natural Resources and Environment of theprovinces and cities directly under the central
government
Article 14 . EffectivenessAPPENDICESAPPENDIX 1 - LIST OF HAZARDOUS
CHEMICALS OF ENVIRONMENTAL CONCERNAPPENDIX 2 - LIST OF FACILITIES TOREGISTER CHEMICAL RELEASESAPPENDIX 3 - REGISTRATION AND REPORTFORMS ON CHEMICAL RELEASES FORFACILITIESAPPENDIX 4 – ACCEPTANCE FORM OF
REGISTRATION OF CHEMICAL RELEASESIntroduction of other regulations…
 Circular for guidance on prevention, response,
recovery of environmental incidents
 Circular on regulating PCBs management
 Circular on control of industrial POPs Circular on issue of the technical regulations(environmental standards)
 Regulation on monitoring, QA / QC, environmental
information, ...
• The New “Sanction Regulation” – Decree 179/2013/ND
179/2013/ND-- CP• Major enforcement: Environmental Inspectors,

and Environmental police

Conclusions
 Stronger regulation and enforcement being

applied More effective regulation framework havebeen developed recently
 Improvement needed for interinter-sector /collaborative measures for management of
toxic chemicals/ chemical pollution control
 Chemical pollution prevention should be paid
more attention and given more efforts
 International cooperation regarding soundchemical management should be further
carried out

Thank you for attention !
ARIGATO GOZAIMASU !
(natuan.vepa@gmail.com)