Vietnam Regulatory News

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.

In the circular 17/2022, the Ministry of Industry and Trade informed that the current date for enterprises to submit their annual report has changed from January 15th to February 15th. Additionally, o...

In the circular 17/2022, the Ministry of Industry and Trade informed that the current date for enterprises to submit their annual report has changed from January 15th to February 15th. Additionally, organizations no longer have to submit hard copies of their annual report, instead they can submit the digital version by filling in the form in the national chemical database. 

The annual report is mandatory for organizations that have trading activities with chemical substances belongs to the following lists according to current law, decrees and circulars: 

1. Chemicals subject to conditional production and trading 

2. Restriction chemicals 

3. Prohibited chemicals 

4. Industrial precursors 

5. Chemicals requiring incident prevention plan 

6. Chemicals subject to declaration  

Chemicals belonging to the first and second lists also require import permission certificate from Vietnam chemical agency. The permits are valid for 6 months. 

Any organizations wanting to import any chemicals in the above lists have to register themselves to become a legal entity and have their business registration certificate to obtain their tax number in Vietnam. The tax number is used for the trading activities as well as an account on Vietnam national chemical database system to submit their annual report. 

On 27 October 2002, the minister of Ministry of Industry and Trade signed a new circular on amending and supplementing articles of Decree 113 published on 2017 as well as detailing and guiding article...

On 27 October 2002, the minister of Ministry of Industry and Trade signed a new circular on amending and supplementing articles of Decree 113 published on 2017 as well as detailing and guiding articles within the Law on Chemical valid from 2008. 

The amendments are as follows: 

• A more detailed description of the roles of Vietnam Chemical Agency 

• Change in Classifying and labeling chemicals: labeling chemicals is conducted according to Decree 43/2017/ND-CP and decree 111/2021/ND-CP with instructions under Annex 8 

• Modification to make this circular coherent with changes made in Decree 82/2022  

• Change the deadline to submit annual chemical report on February 15th every year via National Chemical Database, and the recipients of the report are Vietnam Chemical Agency, local-level Department of Industry and Trade where chemicals are traded or produced 

• Change the deadline for local-level Department of Industry and Trade to report their management procedure to March 1st every year to Vietnam Chemical Agency via National Chemical Database  

• A new Annex 3 listed the forms to be used in the process of appraising and approving chemical incident prevention and response plans 

• A new Annex 5 regarding chemical activity report forms for organizations and individuals, and Ministry of Industry and Trade 

• Legal information that is removed: 

• Clause 1 in article 4 on promulgating the legal certificates and licenses for production and trading; Annex 1 detailing the legal certificates and licenses for production and trading mentioned in this clause 

• Clause 2 in article 4 on promulgating licenses to export and import industrial precursors; Annex 2 detailing the licenses to export and import industrial precursors 

• Clause 1 in article 5 on plan to prevent and respond to chemical accidents mentioned; the whole Annex 6 detailing plan to prevent and respond to chemical accidents 

• Clause 4 in article 6 on Secondary labels on chemicals 

• Clause 1 & 2 in article 8 on the custom clearance processes when import chemicals 

• Article 10 on the responsibility to conduct administrative procedure and the roles of local level Department of Industry and Trade 

• Point b clause 3 in article 11 on provoking the validation of the registration certificates and licenses before Decree 113 comes into effect 

• Part 3 of Annex 7 on the classification criteria for SOL flammable gas 

This decree will come into effect on 22 December 2022, while clause 6 article 1 regarding the annual report process and deadlines in this decree will be valid one year later.