November 2018

LE VIET THANG (MSc.)Vietnam Chemicals Agency, Ministry of Industry and Trade

Tel: +84 982230483; Email: Thanglv@moit.gov.vn

Introduction of VietnamCapital Hanoi

Official language Vietnamese

Ethnic groups 85.7% Vietnamese[b]

53 minorities[show]

Religion 73.2% Folk or Irreligious12.2% Buddhism8.3% Christianity

Government Marxist-Leninist one-party socialist republic

Area

• Total 331,230.8[4] km2(127,888.9 sq mi) (65th)• Water (%) 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[7]

(35th)

• Per capita $7,463[7]

(128th)

Currency đồng (₫) (VND)

Time zone (UTC+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 / Export

Production Trade Transport Use Disposal

Industry and Trade (MOIT) – Focal Point

ALL ALL ALL - Industrial -

Environment and Natural Resource –MONRE

POPs, waste - - POPs, waste POPs, waste

Agriculture and Rural Development -MARD

Crop Protection; Agrochemicals

Crop Protection; Agrichemicals

Crop Protection; Agrichemicals

- Crop Protection; Agrichemicals

-

Health - MOH Pharmaceutical; biocide

Pharmaceutical; biocide

Pharmaceutical; biocide

- Pharmaceutical; biocide

-

Transportation - MOT - - - Main - -

Stakeholders engagement process

Chính phủ

(Government)

MOIT

(Bô ̣ Công Thương)

MARD(Bộ Nông nghiệp và

Phát triển nông thôn)

MOJ(Bộ Tư pháp)

MOST(Bộ Khoa học và Công nghệ)

Peop. Comm.(Địa phương)

MOLISA(Bộ Lao động-Thương binh và xã hội)

MoNRE(Bộ Tài nguyên và Môi trường)

Involved stakeholder

MOH(Bộ Y tế)

Association

Industry

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

Leaders of Vinachemia

Administrative Office

Division of Convention and

International Cooperation

Division of Strategies and

Chemical Industry

Development

Division of Precursor

management

Division of Chemicals

Information

Center for Database and

Support for the Response to Chemicals Incident

Representative office in Ho Chi

Minh City

Leaders of Vinachemia

Administrative Office

Division of Chemicals

Management

Division of Chemical Industrial

Development

Center for Chemicals

Safety

Before After

Chemicals Industry in Vietnam

Chemical Industry

Industrial Gases

Plant protection chemical

Detergents

Paints and printing inks

Petrochemicals

Chemical Powers

Fertilizer

Basic chemicals Pharmaceuticals

Rubbers Products

Chemicals Industry in Vietnam

Product Capacity/year Level of meeting the domestic demand

Fertilizer 7,045,000 ton 80%

Plant protection 129,000 ton 15%

Basic chemicals (H2SO4 & NaOH) 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 66% in popular batteries using in motors; cars; imported 100%

for special purpose

Industrial gas (O2; N2; CO2; C2H2..) Meet the domestic demant

Rubber product (tube, tires for car,

motorbikes and bikes)150,000,000 75%

Petro-chemicals

(all types)

Polystyrene 128,000 ton

PVC 290,000 ton

PET fibers 320,000 ton

Almost petro-chemical product is imported

Detergents 1,031,000 ton 6,0-6,5kg/capita ( for Vietnamese enterprises)

Paint and Ink (Chemical paint) 441,000 ton80% for the rate in average of 3-4kg/capita,

High quality and ink imported almost 100%

Pharmaceutical chemicals 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 managementLAW ON CHEMICALS

06/2007/QH12

Decree

113/2017/NĐ-

CP

Circular

32/2017/TT-

BCT

Circular

66/2014/TT-BCA

Fire FightingTransportation

Circular

35/2010/TT-BCA

Circular

52/2013/TT-BTNMT

Decree

104/2009/NĐ-CP

Circular

09/2016/TT-BKHCN

Waste

Circular

36/2015/TT-

BTNMT

TCVN 6706:2000

TCVN 6707:2009

Circular

13/2018/TT-BCT

Circular

50/2012/TT-BCTDecree

43/2017/NĐ-CP

Decree

44/2016/NĐ-CP

Circular

13/2017/TT-

BLĐTBXH

Circular

27/2015/TT-BTNMT

Decree

60/2016/NĐ-CP

Decree

18/2015/NĐ-CP

Circular

26/2015/TT-BTNMT

National

Standard

TCVN

5507:2002

Decree

115/2016/NĐ-CP

Circular

170/2016/TT-BTC

Decree

163/2013/NĐ-CP

PenaltyFee for Chemicals

activities

Explosives

Decree

79/2014/NĐ-CP

Circular

55/2014/TT-BCT

Decree

38/2014/NĐ-CP

Schedule Chemicals

Decree

71/2018/NĐ-CP

Environment

Labeling

Training on Safety

Circular

42/2013/TT-BCT

Decree

73/2018/NĐ-CP

Law on Drugs

Precusors

Decree

80/2001/NĐ-CP;

58/2003/NĐ-CP;

113/2017/NĐ-CP

Chemicals inProduct Circular

30/2013/TT-BCT

(ROSH)

Circular

21/2017/TT-BCT

(FORMALDEHYT)

Circular

36/2015/TT-BCT

(Tissue)

Law on

Explosive

Law on

Environment

Protection

Circular

32/2017/TT-BCT National Inventory and

Database

International Conventions

(CWC, SAICM, Rotterdam,

Minamata …)

Law on Chemicals 2007

I

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

II - VII

1. Development planning;2. Production and trade of chemicals;3. Classification, labeling, packaging and MSDS of chemicals;4. Use of chemicals;5. Prevention and mitigation of chemical accidents;6. Declaration, registration and notification of chemicals, in particular.

VIII&IX

1. Environment protection and community 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.

Content of Chapters

Law on Chemicals 2007

Achievements

• Chemical activity is gradually put into place.

• Awareness on the law enforcement of organizations involved in chemical activities hasbeen gradually improving.

• The authorities from central government to local authorities and relevant agencieshave 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 beadded.

• 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 the development of the

Decree

Inherit the appropriate regulations

Compliance with Chemical

Law

Compliance with Investment

Law

In line with reality and scientific

Decree 113/2017/NĐ-CP

Procedures are abolished

Certificate for measures to prevent and respond to chemical incidents by state management

agencies

Certificate for the declaration of chemicals’ production,

registration of chemicals’ use

Chemical safety certificate for labours

Decree 113/2017/NĐ-CP

Licenses and certificates for the production

and trade of conditional and

restricted chemicals

On condition

Abandonment of the requirement to have a Approved Plan orMeasure as a condition of issuance of a License or Certificate

Storage conditions: “Owning or having contracts for rentingchemical storage facilities or using storage facilities oforganizations and individuals purchasing chemicals that meetthe conditions."

On dossiers andprocedures

Removing unnecessary documents

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

Licenses and certificates have no time limit

Decree 113/2017/NĐ-CP

Declaration of imported chemicals

National single windows;

Automatically respond

Exemptions: Licensed; less than

10kg per import (not applicable for

restricted chemicals)

License for export and import of

industrial precursors

Exemption for goods containing group 1 of less than 1%, group 2 of less

than 5% of volume

The duration of License for group 1 is increased

from 03 (three) months to 06 (six) months

Chemicals list

GHS classification criteria; each chemical is listed by name, formula,

CAS code, HS code

All hazardous chemicals which are not in the List of Chemicals required Plan need to develop

Measure

Decree 113/2017/NĐ-CP

ProhibitedChemicals

Annex III (CWC, Rotterdam Convention)

Licenses from the Prime Minister for some special purposes (authorized to Minister of MOIT)

RestrictedChemicals

Annex II, Health hazards Category 1

Licenses from the Ministry of Industry and Trade

ConditionalChemicals

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

Confirmation from Department of Industry and Trade

Declarablechemicals

Annex V (hazardous chemicals)

NationalSingleWindow

Plan,Measure

Annex IV (Serveso III)

1. License for Plan from MOIT

2. Self-approved Measure from Company

Industrialprecursors

Drugsconvention

Licenses for import/ export from the Ministry of Industry and Trade

Toxicchemicals

Article 4, Chemicals Law

Purchasing control paper

Decree 113/2017/NĐ-CPChapter 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 CHEMICAL

PRODUCTION 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-CPChapter 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 of

conditional 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-CPChapter 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 the

industrial sector

Article 16. Dossiers and procedures for licensing for production or trading of restricted

chemicals in the industrial sector

Article 17. Control of restricted chemicals in the industrial sector

Section 5. PROHIBITED CHEMICALS, TOXIC CHEMICALS

Article 18. Prohibited chemicals

Article 19. Toxic chemicals

Decree 113/2017/NĐ-CPChapter III. PLANS, MEASURES FOR PREVENTION, RESPONSE TO CHEMICAL

INCIDENT

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-CPCHAPTER V. DECLARATION OF CHEMICALS

Article 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-CPChapter 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 and

respond 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 and

Trade, 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 restricted chemicals in industrial sector under the authorization by the Minister;

• Organizing the evaluation and submitting to the Ministry of Industry and Trade for consideration 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-BCT

Appendix 2: Dossiers of application for import and export licenses of industrial precursors

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

Appendix 4: Form of Purchasing control paper for toxic chemicals

Appendix 1: Dossiers of application for certificates for restricted and conditional chemicals

FORMs

Appendix 3: Dossiers for the evaluation of Plan for 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 and

supervision

Forecast of incident situations; response strategies

Prediction of risk, situation

Preventive measures

Incident Response Plan

Circular 32/2017/TT-BCT

TECHNICAL GUIDANCE

Classification of

chemicals- Applying Version 2 of GHS 2007 onward;

- Classes and Categories are almost unchanged, only

"Respiratory Hazard"

- 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

- No strict rules on forms and order

- Only mandatory minimum content and guidelines are provided

Labeling of

chemicals

MSDS

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

Ob

ject

ives

Support the development of chemical industry

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 hazard

information

Classification and labelling of

chemicals

Exposure information

Information of Legal

framework

Enterprise’ information

(import, export, use, product,

storage…)

Information of each

manufacturing/ trading site

Information of chemicals incidents

Prediction of the impact ofthe incident

Information of capacity for chemicals incident response

National Chemicals Inventory and Database

- Collected questionnaire from enterprises

- Results:> 3000 substances

Direct survey at the enterprise Result: 4927

- Collect data from enterprise

- process data from enterprise to make 3rd draft of NCI

-> 30.000 substances

-Puplic comment

2015

2016

Q1/2017

Q1/2017

- Submit to the Government

- Deadline 2018

Q2/2018

12/2018

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)

THE SOUND CHEMICALS

MANAGEMENT IN VIETNAM

Openness in the administrative

procedures

Enhancing the post-inspection and

sanctioning of violations

Chemical management for

the whole life cycle

Clearly define the responsibilities of

each stakeholder in chemical

management

Monitor and evaluate the impact

of chemicals on health and the environment

Setup national database to share

relevant information

transparently

Thank you for the kind attention!