Vietnam Regulatory News

On 10 October 2023, the Vietnamese Ministry of Health notified to the World Trade Organisation (WTO) a Draft Circular promulgating the list of chemicals and insecticidal and disinfectant products for ...

On 10 October 2023, the Vietnamese Ministry of Health notified to the World Trade Organisation (WTO) a Draft Circular promulgating the list of chemicals and insecticidal and disinfectant products for household and medical use which are under the state management of the Ministry of Health and whose HS codes can be identified according to Vietnam’s nomenclature of exports and imports. The final date for comments is 60 days from the date of notification.

The Draft Circular was published together with Circular No. 31/2022/TT-BTC of the Minister of Finance, dated June 8, 2022 which published the List of Vietnam's export and import items.

Relevant documents

• Circular No.  65/2017/TT-BTC dated  June  27,  2017  of  the  Minister  of  Finance promulgating Vietnam's nomenclature of exports and imports.
• Circular No.  09/2018/TT-BYT dated April 27, 2018 promulgating the list of chemicals and insecticidal and disinfectant products for household and medical use which are under the state management of the Ministry of Health and whose HS codes can be identified in accordance with the Vietnamese Nomenclature for Exports and Imports.
• Circular No.  31/2022/TT-BTC of the Minister of  Finance promulgating  Vietnam's  nomenclature  of   exports and imports, replacing Circular No. 65/2017/TT-BTC.

The tariff classification of imported and exported commodities under the ASEAN Harmonized Tariff Nomenclature (AHTN) 2022 is revised by Circular No. 31/2022/TT-BTC (Circular 31). Based on the most recent version of the World Customs Organization's Harmonized Commodity Description and Coding System (HS), the AHTN is updated every five years (WCO). Every five years, the HS is  updated to reflect advances in product technology, engineering, and marketing.

This Circular is applicable to create import and export tariffs, create lists of goods to serve government administration in accordance with government regulations and Clause 4 Article 26 of the Customs Law, to compile state statistics on import and export, and to assist the state in managing the import and export of goods and other areas.

Purpose and timeline

The purpose of this circular, its justification, and the types of urgent issues it addresses are to protect human health and safety, the environment, and the standards of quality. The proposed date of adoption is 15 December 2023 and is likely to come into force on 15 January 2024.

A public consultation on the Draft Circular on Technical Regulations for Measurement, Reporting and Verification of Greenhouse Gas Emission Reduction and Greenhouse Gas Inventory in the Industry and T...

A public consultation on the Draft Circular on Technical Regulations for Measurement, Reporting and Verification of Greenhouse Gas Emission Reduction and Greenhouse Gas Inventory in the Industry and Trade Sectors (hereinafter referred to as "the Draft") was launched on September 6, 2023, by the Ministry of Industry and Trade of Vietnam (MOIT). The call for comments can be found here.

The Draft offers technical guidance on greenhouse gas (GHG) inventory and GHG emission reduction at the facility level in the industrial sector under the control of the MOIT's. It does so by implementing Decree No. 06/2022/ND-CP Providing Regulations on Reduction of Greenhouse Gas Emissions and Protection of the Ozone Layer. Prime Minister's Decision No. 01/2022/QD-TTg, of January 8, 2022, lists the companies that are required to submit a GHG inventory. This list includes 1,662 facilities in the commercial and industrial sectors.

Emission Sources        

GHG emission sources include direct emissions from stationary equipment such as boilers, furnaces, burners, turbines, heaters, and incinerators resulting from the combustion of fuel. Additionally,  there are mobile emission sources, resulting from the burning of fuel in vehicles etc Indirect emission sources include emission sources resulting from the consumption of electrical energy as well as emission sources related to the use of steam and heat energy. Also, to be considered are emission sources related to purchased raw materials, fuels and waste treatment processes, and others.

GHG Inventory

The latest recommendations issued by the United Nations Intergovernmental Panel on Climate Change (IPCC) will be implemented for specific emission sources. Annex II of the Draft contains the calculations for determining the GHG emissions from each source. The Ministry of Natural Resources and Environment's (MONRE) list of specified emission factors are essentially what the calculation's emission factors follow.

Every two years starting in 2024, facility-level GHG inventories must be created and submitted to the People's Committee of the province or city for review together with any pertinent data. Form 06 in Annex II of Decree No. 06/2022/ND-CP shall be used as the reporting format for the GHG inventory. The deadline for submitting the first report for 2024 is March 31, 2025.  

Reporting of GHG Emission results

In contrast to the GHG inventory procedure, the reporting of GHG emission reduction results will start in 2026, and the first report must be submitted to MONRE and MOIT by March 31, 2027, together with the findings of any third-party verification. Regarding these reporting formats, Form 02 in Annex III of Decree No. 06/2022/ND-CP is to be used for the GHG emission reduction results report and Annex II.2 of the Draft is to be used for the verification results report.

The full Draft can be downloaded here.

On August 21, 2023, the Ministry of Health of Vietnam issued a draft circular XX/2024/TT-BYT promulgating the National Technical Regulation on the Permissible Exposure Limits for 80 Chemicals in the W...

On August 21, 2023, the Ministry of Health of Vietnam issued a draft circular XX/2024/TT-BYT promulgating the National Technical Regulation on the Permissible Exposure Limits for 80 Chemicals in the Workplace (hereinafter referred to as the Regulation).

Content of the regulation 

The regulation defines a list of 80 chemicals and the corresponding occupational exposure limit (OEL) values ​​for the working environment (8-hour OELs and 15-minute OELs). The list can be accessed here.

The regulation also stipulates the methods to be used to determine the concentration limits of the respective substances. 

The regulation requires employers to assess the chemical substances present in the working environment at least once a year and implement the necessary measures to keep workers exposure to designated substances within the permitted limits. Workers must be provided with adequate occupational health and safety protection to reduce exposure to hazardous substances in the workplace. 

Timeline 

The regulation is now open for public consultation and comments can be made until October 16, 2023, and is expected to come into force in May 2024. 

Decision 1701/QD-BTNMT on Guidance for Implementation of Administrative Procedures in the Environmental Sector was published by the Ministry of Natural Resources and Environment of Vietnam on June 26,...

Decision 1701/QD-BTNMT on Guidance for Implementation of Administrative Procedures in the Environmental Sector was published by the Ministry of Natural Resources and Environment of Vietnam on June 26, 2023, and it went into force that same day. Full text of the Decision can be found here. The Decision outlines the newly mandated administrative processes for environmental protection as set forth in the Environmental Protection Law (72/2020/QH14), which underwent a complete amendment in 2020. Examining application materials and granting permits and licenses by administrative authorities are among the procedures addressed.

The Decision contains 11 administrative processes in the field of environmental protection together with an appendix for each process.The included processes are listed below. The Appendices to this Decision contain comprehensive instructions on the mentioned procedures.

1. Issuance of environmental permits
2. Issuance of adjustment of environmental permits
3. Issuance and renewal of environmental permits
4. Re-issuance of environmental permits
5. Authorization for handover of hazardous waste not included in environmental license
6. Registration for transport of hazardous waste under the Basel Convention certification for the transboundary transport of hazardous waste
7. Registration for the exemption of Persistent organic pollutants (POPs) under the Stockholm Convention
8. Granting of an Environmental monitoring services qualification certificate
9. Renewal of Environmental monitoring services qualification certificate 
10. Vietnam Ecolabel accreditation
11. Issuance and  renewal of Vietnam Ecolabel certification  

The second draft amendment to Decree No. 38/2014/ND-CP on the Management of Chemicals Covered by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapo...

The second draft amendment to Decree No. 38/2014/ND-CP on the Management of Chemicals Covered by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction was published by the Ministry of Industry and Trade of Vietnam (MOIT) on May 5, 2023. 

The Draft suggests:  

• clarifying the definition of "designated chemical substances"  

• updating the current Chemical Weapons Convention provisions on the production of "designated chemical substances"  

• adding new provisions on exemptions from obtaining trade licenses and import/export permits based on concentration thresholds  

• adding provisions on the storage and use of such chemicals 

• standardizing the due dates for submitting various reports.  

The original draft amendment, which was released on June 9, 2022, has also undergone a lot of modifications. Comments on the Draft were welcome until May 31, 2023. 

In Vietnam, it is mandatory to register the use of controlled substance under Decree No. 06/2022/ND-CP on Reduction of Green House Gas Emissions and Protection of Ozone Layer enacted by the Government...

In Vietnam, it is mandatory to register the use of controlled substance under Decree No. 06/2022/ND-CP on Reduction of Green House Gas Emissions and Protection of Ozone Layer enacted by the Government on January 7,2022. On the same day the Ministry of Natural Resources and Environment (MONRE) also enacted Circular No. 01/2022/TT-BTNMT providing Detailed Regulations on implementation of Climate Change Response in the Law on Environmental Protection. On March 2, 2023, the Climate Change Bureau of the MONRE published a list as document no 237/BDKH-GNPT which consist of all the companies that have submitted applications for the registration of the use of controlled substances.

The substances that are present in the decree No. 06/2022/ND-CP as controlled substances are as follows:

• Bromochloromethane
• Carbon tetrachloride (CTC)
• Chlorofluorocarbon (CFC)
• Halon
• Hydrobromofluorocarbons (HBFCs)
• Hydrochlorofluorocarbons (HCFCs)
• Bromomethane
• Trichloroethane
• Hydrofluorocarbons (HFCs)

A company carrying out business that concerns manufacturing of controlled substances, import, export, reuse, recycling of controlled substances, manufacture or import of any product that is made up of or contain controlled substances has to register its use with the MONRE by January 15 of each year.

On March 13, 2023, the Vietnamese Ministry of Natural Resources and Environment promoted Circular No. 01/2023/TT-BTNMT which leads to establishment of new National technical regulations (QCVN) on diff...

On March 13, 2023, the Vietnamese Ministry of Natural Resources and Environment promoted Circular No. 01/2023/TT-BTNMT which leads to establishment of new National technical regulations (QCVN) on different environmental qualities.

These regulations will come into force from September 12, 2023, and will be replacing previous regulations for ambient air, soil, surface water, underground water, and marine water.

The renewed regulations consist of following:

5. National Technical Regulation on Soil Quality (QCVN 03:2023/BTNMT)

5. National Technical Regulation on Ambient Air Quality (QCVN 05:2023/BTNMT)

5. National Technical Regulation on Surface Water Quality (QCVN 08:2023/BTNMT)

5. National Technical Regulation on Underground Water Quality (QCVN 09:2023/BTNMT)

5. National Technical Regulation on Marine Water Quality (QCVN 10:2023/BTNMT)

These regulations are updated against previous existed environmental regulations in Vietnam. The renewed QCVN on soil is a compilation of previous four QCVNs as one.

The idea to renew regulations that are concerned with the regulation of emissions such as wastewater and exhaust gas seems to be litigious and will be revealed separately.