Vietnam Regulatory News

The second Draft of the National Technical Regulation on Thresholds for Persistent Organic Pollutants (POPs) in Articles, Products, Commodities, and Equipment was issued by Vietnam's Ministry of N...

The second Draft of the National Technical Regulation on Thresholds for Persistent Organic Pollutants (POPs) in Articles, Products, Commodities, and Equipment was issued by Vietnam's Ministry of Natural Resources and Environment (MONRE) on 15 September 2022, and comments are now being accepted until 14 November 2022. This law would apply to companies in Vietnam that import, manufacture, trade, or use raw materials, fuels, products, commodities, or equipment that contains POPs. It is scheduled to go into effect on 1 January 2023.  

The first draft, which was released on 12 November 2021, included concentration limits for certain POPs that were allowed in plastic items, electronic devices, articles, goods, commodities, equipment, food contact materials, firefighting foam and more. It also outlined the maximum allowed values for seven different types of POPs in a variety of materials and products. 

The technical regulation would also mandate conformity assessments, compliant labelling, and government notification of any raw materials, products, goods, and equipment containing POPs before they could be sold on the Vietnamese market by businesses importing, manufacturing, trading, or using the specified products. Exporters would not be subject to the restriction.  

7 POP compounds are regulated in the second draft, each with a specific set of requirements. 

In September, the ministry of natural resources and environment open the public consultation for the second draft of the national technical regulation proposing thresholds for several persistent organ...

In September, the ministry of natural resources and environment open the public consultation for the second draft of the national technical regulation proposing thresholds for several persistent organic pollutants (POPs) in raw materials, materials, products, commodities and equipment. The first draft was published in November 2021, specified limits for certain POPs in different substances, covering the maximum amounts of several types allowed in plastic products, electronic devices and other products, and limits on perfluorooctanoic acid (PFOA) in food contact materials, firefighting foam and more. 

The draft of national technical regulation applies for the individuals and organizations imported POPs and raw materials, materials, products, goods, equipment that contain POPs, responsible authorities and assessing organizations involve in the importing process of POPs. According to the second draft, individuals and organizations import POPs, and raw materials, materials, products, goods, equipment that contain POPs, they need to follow the assessment procedure according to the national technical regulation, label and update the information before entering the markets. The second draft consists of the following changes compared to the first draft: 

• The procedure of assessing the POPs content in raw materials, materials, products, goods, equipment must be carried out by the following organizations:  

• Domestic testing organizations and foreign testing organizations have licensed branch or representative offices operating in Vietnam with environmental monitoring services operating eligibility certificate. 

• Foreign testing organization is accredited to the international standard ISO/IEC 17025 by a public organization admitted to be a participant in signing the mutual recognition agreement of International Accreditation Forum (IAF), Asia-Pacific Accreditation Association Ocean (APAC), International Laboratory Accreditation Association (ILAC). 

• Removing limits on tetrabromodiphenyl ether and pentabromodiphenyl ether for plastic and plastic details in electrical and electronic equipment; limits on hexabromodiphenyl ether and heptabromodiphenyl ether for plastic and plastic details in electrical and electronic equipment.  

• Adding limits for hexabromodiphenyl ether and heptabromodiphenyl ether for vehicle parts, including plastic parts, thermoplastics, and polyurethane foam in seats and cushions; and limits for PFOA for medical devices intended for implantation. 

The National Technical Regulation is expected to come into effect on 1st January 2023.

On 18 October 2022, the deputy prime minister signed and passed the new Decree 82/2022/ND-CP amending and supplementing articles of Decree 113 published on 2017 as well as detailing and guiding articl...

On 18 October 2022, the deputy prime minister signed and passed the new Decree 82/2022/ND-CP 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. 

These are the significant changes Decree 82/2022/ND-CP has on Decree 113/2017/ND-CP: 

• The process of declaration and custom clearance via National Single Window Portal in article 27. 

• Dinitro monoxide, cyanide compounds, mercury and mercury compounds are added to point a, clause 4, article 27 as hazardous chemicals needed to be controlled when being declared for import.

• 16 chemical substances are added to the Annex I (list of chemicals subject to conditional production or import) of Decree 113. 

• The substance no. 231, Table 1 (list of hazardous chemicals for which chemical incident prevention and response plans are required) Annex IV of Decree 113 changes from Mercury fulminate to Mercury and mercury compounds. 

• 6 chemicals are added to Annex V (list of chemicals subject to be declared) of Decree 113: Pentachloro benzene (PeCB); Hexabromocyclododecane (HBCD); Polychlorinated naphthalene (PCN); Decabromodiphenyl ether (DBDE); Perfluorooctanoic acid (PFOA) and its salts and PFOA - related compounds; Perfluoro hexane sulfonic acid (PFHxS), its salts and PFHxS - related compounds.  

• Replace Annex II (list of industrial chemicals restricted from production and trading) and Annex VI (Licenses and Certificate) of Decree 113 by Annex II and Annex VI of Decree 82.  This indication associates Vietnam with its obligations under Rotterdam and Stockholm conventions. 

This decree will come into effect on 22 December 2022, while clause 14 article 1 in this decree will be valid one year later. 

New restrictions on Hazardous Substances (RoHS) in Electrical and Electronic Equipment (EEE) have been suggested by Vietnam’s Ministry of Industry and Trade (MoIT) to conform with the directives of ...

New restrictions on Hazardous Substances (RoHS) in Electrical and Electronic Equipment (EEE) have been suggested by Vietnam’s Ministry of Industry and Trade (MoIT) to conform with the directives of the EU. The discussion on the draft regulation will continue until 17 October 2022.

On 19 August 2022 a National Technical Regulation on the Restriction of Hazardous Substances in Electrical and Electronic Equipment (EEE) was published by the MoIT. Four phthalates: Bis(2-Ethylhexyl) phthalate, Benzyl butyl phthalate, Dibutyl phthalate, and Diisobutyl phthalate would be added to Vietnam’s list of restricted substances in EEE.

According to the regulation draft-

• 0.1% or 1000 mg/kg will be the maximum use limit for every new substance in EEE.
• A certificate of conformity with three years validity will be necessary.
• The certificate must be obtained from a registered testing organization before placing certain EEE on the market.

Inclusion of the four phthalates would align the hazardous substance restrictions for EEE of Vietnam with the EUs RoHS Directives.

On 1 January 2026 the regulation will come into effect after getting approval. It would replace Vietnam’s existing RoHS regulation, Circular 30/2011/TT-BCT.

On August 19, 2022, Vietnam Ministry of Industry and Trade (MOIT) released a draft circular on distinguishing food-grade and non-food-grade alcohol based on the national technical regulation for alcoh...

On August 19, 2022, Vietnam Ministry of Industry and Trade (MOIT) released a draft circular on distinguishing food-grade and non-food-grade alcohol based on the national technical regulation for alcoholic beverage. The purpose of this circular is to prevent the use of non-food-grade alcohol in manufacturing alcoholic beverages. MOIT proposed the use of coloring agents, flavoring agents, and warning signs to make industrial and food-grade alcohol distinct.   

This circular is applied to organizations and individuals related to manufacturing, trading, and or using industrial alcohol in Vietnam.  

Industrial alcohol according to the definition of MOIT is ethanol (C2H5OH), consisting of harmful ingredients that does not meet the requirements for food-grade alcohol according to QCVN 6-3:2010/BYT, the national technical regulation for alcoholic beverages.  

The requirements of the coloring and flavoring agents adding to industrial alcohol:  

• Should not be listed in Decree 113/2017/ND-CP (implementation guidelines on licenses, classification, plans/measures for chemical incident, safety training, declaration) 

• Should not create chemical reactions with industrial alcohol and other substances in alcohol-containing mixture  

• Should not produce toxins affecting health  

• The solution after adding coloring agent must create distinctive color to differentiate from food-grade alcohol  

• The solution after adding flavoring agents must have horrible distinctive taste of industrial to differentiate from food-grade alcohol  

The information of added coloring and flavoring agents in the solution must be added on labels and safety data sheet. In the safety data sheet, industrial alcohol must be clearly stated as “do not drink”.  

The differentiation industrial and food-grade alcohol by using warning signs is guided according to the appendix of the circular draft before entering the market. 

The circular draft will receive comment until October 17, 2022.

On June 16th, 2022, a decision approving Vietnam’s chemical industry development strategy was signed by deputy prime minister Le Van Thanh.  Under the strategies, new policies, tasks, and measur...

On June 16th, 2022, a decision approving Vietnam’s chemical industry development strategy was signed by deputy prime minister Le Van Thanh. 

Under the strategies, new policies, tasks, and measurements are established to implement new goals and evaluate industry’s performance. By 2030, domestic chemical industry will achieve sustainable growth and circular economy goals in an eco-friendly and sustainable manner. 

The chemical industry will be divided into 10 sub-categories, and each sub-category has a different product to be focused on research and development.

• Basic chemicals:  sodium, acid sulfuric, caustic soda flake, yellow phosphorus, thermal acid phosphoric and its derivatives, high economic valued phosphorus products, ammoniac products, nitrate salts, basic organic chemical products, solvents, ammonium nitrate, explosive precursors (dual-use chemicals), etc. 

• Petrochemistry: ammonia, methanol, ethylene, propylene, benzene, xylene, toluene, petrochemical/gasification (from natural gases) products, resin in primary forms, glues, synthetic rubber raw materials such as polyethylene (PE), polypropylene (PP), polyvinyl chloride (PVC), polystyrene (PS), acrylonitrile butadiene styrene (ABS), purified terephthalic acid (PTA), mono ethylene glycol (MEG), urea-formaldehyde (UF), melamine formaldehyde (MF), polyamide 6, etc. and other certain chemicals, additives and semi-finished products, etc.  

• Technical rubber: driving belts, felts, washers, conveyor belts and technical rubber accessories. 

• Pharmaceutical: antibiotic products; raw materials producing important medicines; extracts from herbal materials and semi-synthetics products from natural compounds. 

• Fertilizers: nitrogenous fertilizer, ammonium sulfate, sodium fertilizers, calcium ammonium nitrate 

• Pesticides: eco-friendly carbamate-based, active ingredients, azole ingredients and their derivatives, pyrethroid and validamycin ingredients pesticides. 

• Paint and Printing inks: resin slabs, filler powder and solvents such as acrylic, epoxy, and polyurethane, and specialized types of filler powder such as kaolin, calcium carbonate, silicon dioxide and high-performance paints such as UV/EB, nano, water-based, etc. 

• Detergent: new detergents and cosmetics that are from natural ingredients and eco-friendly. 

• Industrial gases: high-valued rare gases (Xenon, Krypton), specialty gases (high-purified gases, semiconductor gases, standard and mixed gases); producing hydrogen from renewable energy sources. 

• Electrochemical products: High-grade specialized batteries and cells such as sealed batteries, solid fuel cells, nickel–metal hydride batteries or Li-ion batteries, new-generation batteries used in advanced electronic equipment. 

The application of safeguard measures, valid from March 7, 2020 to September 6, 2022, was granted based on Decision no.715/QD-BCT which was issued on March 3, 2020. In Decision no.715, the application...

The application of safeguard measures, valid from March 7, 2020 to September 6, 2022, was granted based on Decision no.715/QD-BCT which was issued on March 3, 2020. In Decision no.715, the application periods for the safeguard measures were divided into 3 periods. In each period of time, the applicable safeguard tax rates are as follows: 

• From March 7, 2020 to March 6, 2021: 1.050.662 VND/ton 

• From March 7, 2021 to March 6, 2022: 1.029.219 VND/ton 

• From March 7, 2022 to September 6, 2022: 1.007.778 VND/ton 

On June 24, 2022, the Trade Remedies Authority open a public consultation to investigate the final review of the application of safeguard measures for imported DAP (Di-ammonium Phosphate) and MAP (Mono-ammonium Phosphate) fertilizers. On September 7, 2022, when the safeguard measures applied to imported DAP and MAP fertilizers expired, the Ministry of Industry and Trade decided not to extend the application. From September 7, 2022 onwards, the imported duty rate 0 VND/ton is applied for imported DAP and MAP fertilizers. 

This decision applies to inorganic fertilizers DAP and MAP with the HS (Harmonized System) code:  

• 3105.10.20 

• 3105.10.90 

• 3105.20.00 

• 3105.30.00 

• 3105.40.00 

• 3105.51.00 

• 3105.59.00 

• 3105.90.00