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Law No. 06/2007/QH12 dated December 05, 2007 of the National Assembly on Chemicals
11/05/2011
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THE NATIONAL ASSEMBLY

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom - Happiness

No. 06/2007/QH12

Hanoi, November 21, 2007

 

LAW ON CHEMICALS


(No. 06/2007/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly passes the Law on Chemicals.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for chemical-related activities, safety in chemical-related activities, rights and obligations of organizations and individuals engaged in chemical-related activities, and state management of chemical-related activities.

Article 2. Subjects of application

This Law applies to organizations and individuals engaged in chemical-related activities and organizations and individuals related to chemical-related activities in the territory of the Socialist Republic of Vietnam.

Article 3. Application of laws

1. Chemical-related activities must comply with the provisions of this Law and other relevant laws.

2. Activities related to radioactive substances and radioactive wastes comply with the laws on radiation safety and atomic energy.

3. In case the provisions of this Law are different from those of a treaty on chemicals and chemical-related activities to which the Socialist Republic of Vietnam is a contracting party, the provisions of that treaty prevail.

Article 4. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Chemical means an element, a compound or a mixture which is exploited or created by humans from natural or artificial raw materials.

2. Substance means an element or a compound, including any impurities deriving from the processing process and any additives necessary to preserve the stability of physical and chemical properties, excluding any solvents which may be separated without changing the characters of the substance.

3. Mixture means a combination of two or more substances which do not react under normal conditions.

4. Hazardous chemical means a chemical having one or several of the following hazardous properties according to classification principles of the Globally Harmonized System of Classification and Labeling of Chemicals:

a/ Explosive;

b/ Strongly oxidative;

c/ Strongly corrosive;

d/ Flammable;

dd/ Acutely toxic;

e/ Chronically toxic;

g/ Causing irritation to humans;

h/ Causing cancer or posing threats of causing cancer;

i/ Causing genetic mutation;

k/ Reproductively toxic;

l/ Bio-accumulative;

m/ Organically polluting and hard to decay;

n/ Environmentally toxic.

5. Toxic chemical means a hazardous chemical having at least one of the hazardous properties defined from Points e thru m, Clause 4, of this Article.

6. New chemical means a chemical not yet listed in the national chemical inventory or foreign chemical inventories recognized by Vietnamese competent state agencies.

7. Chemical-related activities means investing in, producing, bottling, packaging, selling and purchasing, importing, exporting, transporting, storing, preserving, using, researching into and testing chemicals, disposing of discarded chemicals and disposing of chemical waste.

8. Chemical incident means the state of chemical fire, explosion, leakage or dispersion which causes or threatens to cause harm to humans, properties and the environment

9. Serious chemical incident means a chemical incident which causes or threatens to cause great harm to humans, properties and the environment and falls beyond the controlling capacity of chemical facilities.

10. New hazard properties means hazardous properties which have been found but not yet recorded in safety data sheets.

Article 5. Principles of chemical-related activities

1. Assuring safety for humans, properties, ecosystems and the environment; and social order and safety.

2. Strictly controlling chemical-related activities, especially those related to new chemicals, hazardous chemicals, chemicals restricted from trading and banned chemicals.

3. Supplying sufficient, accurate and timely information on hazardous properties of chemicals and necessary preventive measures.

Article 6. State policies on chemical-related activities

1. To build a modern and sustainable chemical industry efficiently using natural resources; to attach importance to the development of base chemicals, environmentally friendly chemicals and chemicals of high economic value for socioeconomic development.

2. The State invests in the formulation of a planning on development of the chemical industry and build a national system for chemical safety control and a chemical safety database.

3. The State encourages organizations and individuals to invest in the development of the chemical industry, apply new technologies and environmentally friendly technologies, gradually reduce the use of hazardous chemicals and replace toxic chemicals with less toxic and non-toxic chemicals and encourage the recycling, re-use and minimization of chemical wastes.

4. Organizations and individuals investing in chemical production projects in the domains or geographical areas in which investment is encouraged by the State are entitled to incentive policies in accordance with the laws on investment, land, tax and other relevant laws.

Article 7. Prohibited acts in chemical-related activities

1. Producing, trading in, transporting, storing, using, sending or donating hazardous chemicals in contravention of this Law and other relevant legal provisions.

2. Failing to disclose necessary information, supplying inadequate or false information or concealing information on hazardous properties of chemicals or hazardous chemical-containing products.

3. Using chemicals outside the list of those permitted for use, chemicals not up to quality standards or chemicals in excessive concentrations to produce or preserve food, curative medicines, animal feed, veterinary drugs, plant protection drugs, fertilizers or consumer chemical products.

4. Using toxic chemicals to catch or hunt animals or committing acts of infringing upon human health, properties or the environment.

Chapter II

DEVELOPMENT OF THE CHEMICAL INDUSTRY

Article 8. Requirements on chemical industry plannings

1. Chemical industry plannings must be in line with the States principles and policies on chemical-related activities, this Law and other relevant legal provisions.

2. Chemical industry plannings must be formulated on the basis of national socio-economic development strategies and industrial development strategies for every 10-year period, with orientations for subsequent 10 years taken into consideration.

3. Chemical industry plannings must set forth orientations for the formation of chemical industrial parks.

4. Locations of chemical industrial parks and chemical facilities must be suitable to properties and characteristics of chemicals, chemical-producing and -preserving technologies and natural and socio-economic conditions aiming to meet chemical safety requirements.

Article 9. Responsibilities for elaborating chemical industry plannings

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries, branches and localities in, elaborating the a national chemical industry planning for submission to the Prime Minister for approval; guide and inspect the implementation of the planning.

2. Based on the national chemical industry planning approved by the Prime Minister and local socio-economic development objectives, provincial/municipal Peoples Committees (bellow referred to as provincial-level Peoples Committees) shall elaborate and approve chemical industry development plans in conformity with the local industrial development planning.

3. The State shall ensure funds for the chemical industry planning in accordance with the Law on State Budget.

Article 10. Requirements on chemical production and trading projects

1. Chemical production or trading projects must comply with this Law, the law on investment and environmental protection and other relevant laws.

2. Chemical production or trading projects must use technologies up to environmental standards, reduce the use of hazardous chemicals and minimize chemical wastes.

3. Investors in chemical production or trading projects shall work out chemical-incident prevention and response measures or plans as prescribed in Chapter VI of this Law.

4. Investors in chemical production and trading projects shall coordinate with local administrations in collecting opinions of the communities in the localities where the projects are to be executed on environmental protection measures in accordance with the law on environmental protection.

Chapter III

CHEMICAL PRODUCTION AND TRADING

Article 11. Responsibilities for assuring safety in chemical production and trading

1. Organizations and individuals engaged in chemical production and trading shall abide by the chemical management and safety provisions of this Law and other relevant laws so as to ensure safety for laborers, community health and the environment.

2. Organizations and individuals engaged in chemical production and trading shall regularly inspect, maintain and operate waste treatment systems safely.

3. State management agencies shall, within the scope of their tasks and powers, regularly guide, inspect and examine the assurance of safety in chemical production and trading.

Article 12. Requirements on material-technical foundations in chemical production and trading

1. Organizations and individuals engaged in chemical production or trading must have the following material-technical foundations suitable to their operation scope and properties of chemicals:

a/ Workshops, storehouses and technological equipment;

b/ Safety equipment and devices, equipment and devices for prevention and fighting of fire, explosion, lightning, chemical leakage or dispersal and other chemical incidents;

c/ Labor protection equipment and devices;

d/ Environmental protection equipment and devices, waste treatment systems;

dd/ Vehicles of transportation;

e/ Rules on chemical safety; signaling system suitable to the hazard degree of chemicals in the places of hazardous chemical production and trading. In case chemicals have different hazardous properties, warning signs must fully show these hazardous properties.

2. Line ministries shall specify conditions on material-technical foundations to ensure safety in chemical production and trading activities under their management.

Article 13. Professional requirements on chemical production and trading

1. Organizations and individuals engaged in chemical production and trading shall arrange person in charge of chemical safety who possess professional qualifications relevant to the scope and type of chemical production and trading and thorough knowledge about technologies and chemical safety plans and measures.

2. Laborers directly engaged in chemical production and trading must possess professional qualifications relevant to their assigned tasks.

3. Persons directly administering production activities of hazardous chemical-producing facilities must have a university or higher degree in chemistry.

Article 14. Production of and trading in chemicals on the list of those subject to conditional production and trading

1. Chemicals on the list of those subject to conditional production or trading are hazardous chemicals with strict requirements on technical safety in production and trading.

2. Requirements on production of and trading in chemicals on the list of those subject to conditional production or trading are stipulated as follows:

a/ Complying with the provisions of Articles 11, 12 and 13 of this Law;

b/ Having material-technical foundations and professional capacity satisfying the technical regulations applicable to the production of and trading in chemicals on the list of those subject to conditional production and trading;

c/ Having a certificate of qualification for production of and trading in chemicals on the list of those subject to conditional production and trading (referred to as certificate), if such a certificate, is required by law.

3. The Ministry of Industry and Trade and concerned ministries and branches shall coordinate with one another in providing for production and trading conditions and formulating a list of chemicals subject to conditional production and trading before submitting it to the Government for promulgation.

4. Line ministries shall, within the scope of their tasks and powers, issue technical regulations and grant certificates of qualification for chemical production and trading specified in this Article.

Article 15. Production of and trading in chemicals on the list of those restricted from production and trading

1. Chemicals on the list of those restricted from production and trading are hazardous chemicals which are subject to special control of safety techniques as well as production and trading scope, type, scale and duration in order to ensure that no harms are caused to national defense, security, human health, property and the environment.

2. Requirements on production of and trading in chemicals on the list of those restricted from production and trading are stipulated as follows:

a/ Complying with the provisions at Points a and b, Clause 2, Article 14, of this Law;

b/ Having a permit for production of and trading in chemicals on the list of those restricted from production and trading (referred to as permit).

3. The Ministry of Industry and Trade and concerned ministries and branches shall coordinate with one another in providing for production and trading conditions and elaborating a list of chemicals restricted from production and trading before submitting it to the Government for promulgation.

4. Line ministries are competent to grant permits and shall organize the grant of permits for production of and trading in chemicals on the list of those restricted from production and trading falling under their management scope.

Article 16. Order of and procedures for grant of certificates and permits

1. Organizations and individuals applying for certificates or permits shall compile and send dossiers to state agencies competent to grant certificates or permits.

2. A dossier of application for a certificate or permit comprises:

a/ An application for a certificate or permit, made according to a set form;

b/ A copy of the business registration certificate;

c/ Papers evidencing the satisfaction of requirements specified at Points a and b, Clause 2, Article 14, or Point a, Clause 2, Article 15, of this Law.

3. Within 20 days after receiving a valid and complete dossier as prescribed in Clause 2 of this Article, the competent state agency shall grant a certificate or permit to the applicant. In case of refusal, it shall issue a written reply stating the reason.

4. Organizations and individuals applying for certificates or permits shall pay charges as prescribed by law.

Article 17. Contents of certificates or permits

1. A certificate or permit has the following principal contents:

a/ Name and address of the chemical facility;

b/ Place of chemical production or trading;

c/ Form and scope of chemical production or trading and categories of chemicals to be produced or traded in;

d/ Obligations of the facility which is granted a certificate or permit;

dd/ Validity duration, for permits.

2. The validity of permits shall be prescribed by line ministries suitable to the category and characteristics of chemicals on the list of those restricted from production and business.

Article 18. Supplementation or withdrawal of certificates and permits

1. In case of expanding the scope of chemical production or trading beyond the conditions prescribed in the granted certificate or the provisions of the granted permit, before conducting the expansion, the concerned organization or individual shall carry out procedures for supplementation of the certificate or permit so as to suit the new scope of production or trading. The procedures for the supplementation of certificates and permits are similar to those for the grant of new certificates or permits.

2. An organization or individual may have its/his/her certificate or permit withdrawn in the following cases:

a/ Having forged the dossier of application for a permit;

b/ No longer satisfying the conditions for grant of a permit;

c/ Violating the provisions of the certificate or permit but failing to remedy consequences within the time limit prescribed by a competent agency;

d/ Leasing or borrowing the permit or modifying the contents of the certificate or permit;

dd/ Seriously violating the provisions of this Law;

e/ Terminating activities of chemical production or trading.

3. Organizations and individuals applying for supplementation of certificates or permits shall pay a fee as prescribed by law.

Article 19. Chemicals on the list of banned chemicals

1. Banned chemicals are extremely hazardous chemicals on the list of banned chemicals promulgated by the Government.

2. Organizations and individuals may not produce, trade in, transport, store and use chemicals on the list of banned chemicals, except for cases prescribed in Clause 3 of this Article.

3. In special cases for the purposes of scientific research, defense and security assurance or epidemic prevention and control, the production, import and use of chemicals on the list of banned chemicals must be permitted by the Prime Minister.

4. Organizations and individuals permitted to produce, import or use chemicals on the list of banned chemicals shall strictly manage these chemicals in terms of quantity, not let any loss or incident occur and make periodical reports as prescribed in Article 52 of this Law.

5. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with other ministries and branches in, elaborating a list of banned chemicals for submission to the Government for promulgation.

Article 20. Transportation of hazardous chemicals

1. Organizations and individuals that transport hazardous chemicals shall abide by the provisions on the transportation of dangerous cargoes in the laws on road, inland waterway, railway, air and sea transport and other relevant laws.

2. If an incident occurs en route, vehicle operators, goods owners and vehicle owners shall take necessary measures to minimize and remedy consequences and, at the same time, notify the incident to the nearest Peoples Committee and concerned agencies.

Article 21. Storage and preservation of hazardous chemicals in chemical production or trading

Production or business organizations and individuals that store or preserve hazardous chemicals must satisfy the following requirements:

1. Satisfying the conditions on safety distance and safety techniques in chemical storage and preservation;

2. Displaying necessary warnings at places of storage and preservation of hazardous chemicals as prescribed at Point f, Clause 1, Article 12, of this Law;

3. Having equipment and vehicles in response to incidents, which are suitable to hazardous properties of chemicals;

4. Adopting chemical incident prevention and response measures or plans as prescribed in Chapter VI of this Law.

Article 22. Safety distances of hazardous chemical production and trading facilities

1. Production places and warehouses of facilities producing or trading in chemicals on the list prescribed in Clause 1, Article 38, of this Law must ensure safety distances from residential quarters, public works, historical and cultural relics, beauty spots, bio-diversity conservation zones and daily-life water sources.

2. Organizations and individuals may not build dwelling houses and other works in the safety distances, except special-use works permitted by competent state agencies.

3. The Government shall specify safety distances prescribed in this Article.

Article 23. Control of the sale and purchase of toxic chemicals

1. The sale and purchase of toxic chemicals require control cards certified by the seller and the purchaser as a basis for the control of toxic chemicals circulated in the market.

2. A toxic chemical sale and purchase control card contains information on the name, quantity and use purpose of the chemical; names and signatures of the seller and the purchaser; addresses and identity card serial numbers of representatives of the seller and the purchaser; and the date of delivery.

3. Toxic chemical sale and purchase control cards must be preserved by the seller and the purchaser for at least five years and produced at the request of competent state agencies.

4. The Ministry of Industry and Trade shall set the form of toxic chemical sale and purchase control card.

Article 24. Import, export, temporary import for re-export and transit of chemicals

The import, export, temporary import for re-export and transit of chemicals must comply with the provisions of this Law, other relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 25. Disposal and discard of residual chemicals and chemical wastes and containers

1. Organizations and individuals producing or trading in chemicals shall dispose of and discard residual chemicals and chemical wastes and containers in accordance with the law on environmental protection.

2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with ministries and branches in, providing for the disposal and discard of residual chemicals and chemical wastes and containers in accordance with the law on environmental protection.

Article 26. Advertisements on chemicals

1. Advertisements on chemicals must comply with the law on advertisement.

2. Advertisements on products and goods containing toxic or hazardous chemicals must be accompanied with warnings on hazardous or toxic properties of chemicals and instructions on prevention of harms caused by these products and goods.

Chapter IV

CHEMICAL CLASSIFICATION, LABELING AND PACKAGING AND CHEMICAL SAFETY DATA SHEETS

Article 27. Classification and labeling of chemicals

1. Organizations and individuals producing or importing chemicals are obliged to classify and label chemicals before using or marketing these chemicals are used or marketed.

2. Chemicals are classified in accordance with technical principles and guidance of the Globally Harmonized System of Classification and Labeling of Chemicals.

3. Chemicals are labeled in accordance with the law on goods labeling.

4. Hazardous chemicals are labeled in accordance with the law on goods labeling and guidance of the Globally Harmonized System of Classification and Labeling of Chemicals.

5. The Ministry of Industry and Trade shall guide the classification and labeling of chemicals according to the Globally Harmonized System of Classification and Labeling of Chemicals and determine a roadmap for application of regulations on classification and labeling of substances and mixtures of substances.

Article 28. Packaging of chemicals

1. Packages of marketed chemicals must meet the following requirements:

a/ Satisfying requirements on classification and labeling of chemicals specified in Article 27 of this Law;

b/ Preventing leakage and dispersal of chemicals in the process of transportation, preservation or storage;

c/ Not being corroded or destroyed by contained chemicals;

d/ Complying with technical regulations on packaging promulgated by competent agencies or with international standards announced by competent state agencies for application.

2. Line ministries shall provide for specifications, materials and requirements on the examination and evaluation of packages of each kind of chemical.

Article 29. Chemical safety data sheets

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