Vietnam published new chemical decree on amending articles in decree 113/2017/ND-CP and Law on Chemical

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.