Law on Chemicals No. 06/2007/QH12

LAW

Hchemical substances

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Chemicals Law,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Law regulates chemical activities, safety in chemical activities, rights and obligations of organizations and individuals participating in chemical activities, state management over chemical activities.

Article 2. Applicability

This Law applies to organizations and individuals participating in chemical activities; organizations and individuals related to chemical activities on the territory of the Socialist Republic of Vietnam.

Article 3. Application of laws

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

2. Activities related to radioactive materials and radioactive waste shall comply with the provisions of the law on radiation safety and nuclear energy.

3. In cases where the provisions of this Law differ from the provisions of international treaties related to chemicals and chemical activities to which the Socialist Republic of Vietnam is a party, the provisions of such international treaties shall be implemented..

Article 4. Definitions

In this Law, the following terms shall be understood as follows:

1. Chemicals is a single substance, compound, or mixture of substances that is extracted or produced from natural or artificial raw materials. người khai thác hoặc tạo ra từ nguồn nguyên liệu tự nhiên, nguyên liệu nhân tạo.

2. Material is a single substance, compound including impurities generated during processing, necessary additives to ensure stable physical and chemical properties, excluding solvents that when separated do not change the characteristics of the substance.

3. Mixture of substances is a collection of two or more substances that do not undergo chemical reactions under normal conditions.

4. Dangerous chemicals is a chemical substance having one or more of the following dangerous characteristics according to the classification principles of the Globally Harmonized System for Classification and Labeling of Chemicals:

a) Explosive

b) Strong oxidizing

c) Strong corrosive

d) Flammable

e) Acute toxicity

f) Chronic toxicity

g) Irritant to humans

h) Carcinogenic or potentially carcinogenic

i) Genotoxic

j) Toxic to reproduction

k) Bioaccumulative

l) Persistent organic pollutants

m) Harmful to the environment

5. Toxic chemical is a hazardous chemical substance having at least one of the dangerous characteristics specified from point e to point n of Clause 4 of this Article.

6. New chemical substance is a chemical substance not included in the national list of chemical substances or the foreign list of chemical substances recognized by competent state agencies of Vietnam.

7. Chemical activity includes investment, production, bottling, packaging, purchase, sale, export, import, transportation, storage, preservation, use, research, testing of chemical substances, disposal of waste chemicals, treatment of chemical waste.

8. Chemical incident is a situation involving fire, explosion, leakage, dispersion of chemicals causing harm or posing a risk of harm to people, property, and the environment.

9. Serious chemical accident is a chemical accident causing significant harm or posing a significant risk of harm on a wide scale to people, property, and the environment, and exceeding the control capacity of the chemical facility.

10. New dangerous characteristic is a dangerous characteristic discovered but not recorded in the chemical safety data sheet.

Article 5. Principles of chemical activities

1. Ensuring safety for people, property, ecosystems, and the environment; public order and social security.

2. Strictly controlling chemical activities, especially new chemicals, hazardous chemicals, restricted trade chemicals, and prohibited chemicals.

3. Providing full, accurate, and timely information about the dangerous characteristics of chemicals and necessary preventive measures.

Article 6. State policy on chemical activities

1. Building a modern, sustainable chemical industry efficiently utilizing natural resources; focusing on developing basic chemicals, environmentally friendly chemicals, and high-value chemicals serving economic and social development.

2. The State invests in planning the development of the chemical industry, establishing a national chemical safety control system, and a database of chemical safety information.

3. The State encourages organizations and individuals to invest in developing the chemical industry; applying advanced technology and environmentally friendly technology; gradually reducing the use of hazardous chemicals, replacing toxic chemicals with less toxic and non-toxic chemicals in production and use; encouraging recycling, reuse, and reduction of chemical waste.

4. Organizations and individuals investing in chemical production projects in areas and regions encouraged by the State shall enjoy preferential policies in accordance with the provisions of the law on investment, land, tax, and other relevant laws.

Article 7. Prohibited acts in chemical activities

1. Producing, trading, transporting, storing, using, sending, giving, or presenting hazardous chemicals contrary to the provisions of this Law and other relevant laws.

2. Failing to disclose necessary information, providing incomplete information, false information, or concealing information about the dangerous characteristics of chemicals and products containing hazardous chemicals.

3. Using chemicals not listed in the permitted use directory, chemicals not meeting standards and quality requirements, or exceeding permissible levels to produce and store food, medicines, animal feed, veterinary drugs, plant protection products, fertilizers, and consumer chemical products.

4. Using toxic chemicals to hunt animals, committing acts harmful to human health, property, and the environment.

Chapter II

DEVELOPMENT OF THE CHEMICAL INDUSTRY

Article 8. Requirements for chemical industry planning

1. Chemical industry planning must be consistent with the principles and state policy on chemical activities, the provisions of this Law, and other relevant laws.

2. Chemical industry planning is based on the national strategy for socio-economic development, industrial sector strategies, and is developed for each ten-year period, guiding the next ten years..

3. Chemical industry planning must guide the formation of concentrated chemical industrial zones.

4. The location of industrial zones and chemical production facilities must be suitable with the characteristics and nature of chemicals and chemical production and storage technologies, natural conditions, and socio-economic conditions to meet chemical safety requirements.

Article 9. Responsibilities for developing chemical industry planning

1. The Ministry of Industry and Trade shall take the lead and coordinate with ministries, sectors, and localities to organize the development of the national chemical industry plan for approval by the Prime Minister; provide guidance and monitor the implementation of the plan.

2. BASED ON THE NATIONAL CHEMICAL INDUSTRY MASTER PLAN THAT HAS BEEN APPROVED BY THE PRIME MINISTER AND THE ECONOMIC AND SOCIAL DEVELOPMENT GOALS OF THE LOCALITY, THE PROVINCE PEOPLE'S COMMITTEE (HEREINAFTER REFERRED TO AS THE PROVINCE PEOPLE'S COMMITTEE) SHALL ESTABLISH AND APPROVE A PLAN FOR THE DEVELOPMENT OF THE CHEMICAL INDUSTRY IN ACCORDANCE WITH THE LOCAL INDUSTRIAL DEVELOPMENT PLAN.

3. THE STATE SHALL ENSURE FUNDS FOR THE CHEMICAL INDUSTRY PLANNING WORK IN ACCORDANCE WITH THE LAWS ON THE STATE BUDGET.

Article 10. REQUIREMENTS FOR CHEMICAL PRODUCTION AND BUSINESS PROJECTS

1. CHEMICAL PRODUCTION AND BUSINESS PROJECTS MUST COMPLY WITH THE PROVISIONS OF THIS LAW, LAWS ON INVESTMENT, ENVIRONMENTAL PROTECTION, AND OTHER RELATED LAWS.

2. CHEMICAL PRODUCTION AND BUSINESS PROJECTS MUST USE TECHNOLOGY THAT MEETS ENVIRONMENTAL STANDARDS, REDUCES THE USE OF DANGEROUS CHEMICALS, AND MINIMIZES CHEMICAL WASTE.

3. THE INVESTOR OF A CHEMICAL PRODUCTION AND BUSINESS PROJECT MUST DEVELOP PREVENTIVE AND RESPONSE MEASURES FOR CHEMICAL INCIDENTS OR A CHEMICAL INCIDENT PREVENTION AND RESPONSE PLAN IN ACCORDANCE WITH CHAPTER VI OF THIS LAW.

4. THE INVESTOR OF A CHEMICAL PRODUCTION AND BUSINESS PROJECT IS RESPONSIBLE FOR COOPERATING WITH LOCAL AUTHORITIES TO ORGANIZE PUBLIC OPINION GATHERING FROM THE COMMUNITY WHERE THE PROJECT WILL BE IMPLEMENTED REGARDING ENVIRONMENTAL PROTECTION MEASURES IN ACCORDANCE WITH ENVIRONMENTAL PROTECTION LAWS.

Chapter III

CHEMICAL PRODUCTION AND BUSINESS

Article 11. RESPONSIBILITIES FOR SAFETY IN CHEMICAL PRODUCTION AND BUSINESS

1. ORGANIZATIONS AND INDIVIDUALS ENGAGED IN CHEMICAL PRODUCTION AND BUSINESS MUST COMPLY WITH THE PROVISIONS ON CHEMICAL MANAGEMENT AND SAFETY SET OUT IN THIS LAW AND OTHER RELATED LAWS TO ENSURE SAFETY FOR WORKERS, PUBLIC HEALTH, AND THE ENVIRONMENT.

2. ORGANIZATIONS AND INDIVIDUALS ENGAGED IN CHEMICAL PRODUCTION AND BUSINESS MUST REGULARLY INSPECT, MAINTAIN, OPERATE THE SAFETY SYSTEM, AND TREAT WASTE.

3. STATE ADMINISTRATIVE AUTHORITIES WITHIN THEIR DUTIES AND AUTHORITY ARE RESPONSIBLE FOR REGULARLY GUIDING, INSPECTING, AND AUDITING THE SAFETY MEASURES IN CHEMICAL PRODUCTION AND BUSINESS.

Article 12. REQUIREMENTS FOR PHYSICAL AND TECHNICAL INFRASTRUCTURE IN CHEMICAL PRODUCTION AND BUSINESS

1. ORGANIZATIONS AND INDIVIDUALS ENGAGED IN CHEMICAL PRODUCTION AND BUSINESS MUST ENSURE PHYSICAL AND TECHNICAL CONDITIONS SUITABLE FOR THE SCALE OF ACTIVITY AND CHARACTERISTICS OF CHEMICALS, INCLUDING:

a) FACTORIES, WAREHOUSES, AND TECHNOLOGICAL EQUIPMENT;

b) SAFETY EQUIPMENT, FIRE PREVENTION AND CONTROL, LIGHTNING PROTECTION, LEAKAGE AND SPILL PREVENTION, AND OTHER CHEMICAL INCIDENT PREVENTION EQUIPMENT;

c) LABOR PROTECTION EQUIPMENT;

d) ENVIRONMENTAL PROTECTION EQUIPMENT AND WASTE TREATMENT SYSTEMS;

đ) TRANSPORTATION EQUIPMENT;

e) SAFETY CHEMICALS INTERNAL RULES BOARDS AND SIGNALING SYSTEMS SUITABLE FOR THE LEVEL OF DANGER OF CHEMICALS IN THE AREA OF DANGEROUS CHEMICAL PRODUCTION AND BUSINESS. IF THE CHEMICAL HAS MULTIPLE DANGEROUS CHARACTERISTICS, THE WARNING SYMBOLS MUST FULLY REFLECT THESE DANGEROUS CHARACTERISTICS.

2. THE SECTOR MANAGEMENT BODIES SHALL SPECIFY THE PHYSICAL AND TECHNICAL CONDITIONS NECESSARY FOR SAFETY IN CHEMICAL PRODUCTION AND BUSINESS WITHIN THEIR MANAGEMENT SCOPE..

Article 13. REQUIREMENTS FOR SPECIALIZATION IN CHEMICAL PRODUCTION AND BUSINESS

1. ORGANIZATIONS AND INDIVIDUALS ENGAGED IN CHEMICAL PRODUCTION AND BUSINESS MUST HAVE A SPECIALIST IN CHEMICAL SAFETY WHO IS QUALIFIED IN ACCORDANCE WITH THE SCALE AND TYPE OF CHEMICAL PRODUCTION AND BUSINESS, AND WHO IS FAMILIAR WITH TECHNOLOGY, PLANS, AND SAFETY MEASURES.

2. EMPLOYEES DIRECTLY INVOLVED IN CHEMICAL PRODUCTION AND BUSINESS MUST BE QUALIFIED IN ACCORDANCE WITH THEIR ASSIGNED TASKS.

3. PERSONS DIRECTLY MANAGING THE PRODUCTION OF DANGEROUS CHEMICALS MUST HAVE A DEGREE OR HIGHER IN CHEMISTRY.

Article 14. PRODUCTION AND BUSINESS OF CHEMICALS LISTED IN THE CONDITIONED CHEMICALS PRODUCTION AND BUSINESS LIST

1. CHEMICALS LISTED IN THE CONDITIONED CHEMICALS PRODUCTION AND BUSINESS LIST ARE DANGEROUS CHEMICALS THAT REQUIRE STRICT CONTROL OVER TECHNICAL SAFETY IN PRODUCTION AND BUSINESS.

2. REQUIREMENTS FOR THE PRODUCTION AND BUSINESS OF CHEMICALS LISTED IN THE CONDITIONED CHEMICALS PRODUCTION AND BUSINESS LIST ARE AS FOLLOWS:

a) COMPLY WITH THE PROVISIONS OF ARTICLES 11, 12, AND 13 OF THIS LAW;

b) HAVE PHYSICAL AND TECHNICAL INFRASTRUCTURE AND SPECIALIZATION CAPACITY THAT MEET THE TECHNICAL STANDARDS APPLICABLE TO THE PRODUCTION AND BUSINESS OF CHEMICALS LISTED IN THE CONDITIONED CHEMICALS PRODUCTION AND BUSINESS LIST;

c) HAVE A CERTIFICATE OF ELIGIBILITY FOR PRODUCTION AND BUSINESS OF CHEMICALS LISTED IN THE CONDITIONED CHEMICALS PRODUCTION AND BUSINESS LIST (HEREINAFTER REFERRED TO AS THE CERTIFICATE) WHERE REQUIRED BY LAW.

3. THE MINISTRY OF INDUSTRY AND TRADE AND RELATED MINISTRIES AND SECTORS SHALL COLLABORATE TO DEVELOP CONDITIONS FOR PRODUCTION AND BUSINESS AND THE LIST OF CONDITIONED CHEMICALS PRODUCTION AND BUSINESS TO BE SUBMITTED TO THE GOVERNMENT FOR ENACTMENT.

4. SECTOR MANAGEMENT BODIES WITHIN THEIR DUTIES AND AUTHORITY SHALL DEFINE TECHNICAL STANDARDS AND ISSUE THE CERTIFICATE OF ELIGIBILITY FOR PRODUCTION AND BUSINESS OF CHEMICALS AS PROVIDED IN THIS ARTICLE.

Article 15. PRODUCTION AND BUSINESS OF CHEMICALS LISTED IN THE RESTRICTED CHEMICALS PRODUCTION AND BUSINESS LIST

1. CHEMICALS LISTED IN THE RESTRICTED CHEMICALS PRODUCTION AND BUSINESS LIST ARE DANGEROUS CHEMICALS THAT ARE SUBJECT TO SPECIAL TECHNICAL SAFETY CONTROL OVER THE SCOPE, TYPES, SCALE, AND TIME LIMITS OF PRODUCTION AND BUSINESS TO ENSURE THEY DO NOT HARM NATIONAL DEFENSE, SECURITY, HUMAN HEALTH, PROPERTY, OR THE ENVIRONMENT.

2. REQUIREMENTS FOR THE PRODUCTION AND BUSINESS OF CHEMICALS LISTED IN THE RESTRICTED CHEMICALS PRODUCTION AND BUSINESS LIST ARE AS FOLLOWS:

a) COMPLY WITH THE PROVISIONS OF POINT a AND POINT b OF CLAUSE 2 OF ARTICLE 14 OF THIS LAW;

b) HAVE A LICENSE FOR PRODUCTION AND BUSINESS OF CHEMICALS LISTED IN THE RESTRICTED CHEMICALS PRODUCTION AND BUSINESS LIST (HEREINAFTER REFERRED TO AS THE LICENSE).

3. THE MINISTRY OF INDUSTRY AND TRADE AND RELATED MINISTRIES AND SECTORS SHALL COLLABORATE TO DEVELOP CONDITIONS FOR PRODUCTION AND BUSINESS AND THE LIST OF RESTRICTED CHEMICALS PRODUCTION AND BUSINESS TO BE SUBMITTED TO THE GOVERNMENT FOR ENACTMENT.

4. SECTOR MANAGEMENT BODIES WITHIN THEIR MANAGEMENT SCOPE ARE THE AUTHORIZED BODIES TO ISSUE THE LICENSE AND ISSUE THE LICENSE FOR PRODUCTION AND BUSINESS OF CHEMICALS LISTED IN THE RESTRICTED CHEMICALS PRODUCTION AND BUSINESS LIST.

Article 16. PROCEDURE AND PROCEDURES FOR ISSUING THE CERTIFICATE AND LICENSE Competent Authority to Issue Permit

1. Organizations and individuals requesting to be issued a Certificate or Permit shall prepare and submit an application file to the competent state agency authorized to issue such Certificate or Permit.

2. The application file for requesting a Certificate or Permit shall include:

a) An application form for the Certificate or Permit according to the prescribed model;

b) Copy of Business Registration Certificate;

c) Documents proving compliance with the requirements stipulated in point a and point b of Clause 2, Article 14 or point a of Clause 2, Article 15 of this Law.

3. Within twenty days from the date of receiving a complete and valid application file as provided for in Clause 2 of this Article, the competent state agency shall be responsible for issuing the Certificate or Permit to organizations and individuals; in case of non-issuance, it must provide a written response stating the reasons.

4. Organizations and individuals requesting to be issued a Certificate or Permit must pay the prescribed fee under the law.

Article 17. Contents of the Certificate and Permit

1. The Certificate and Permit shall include the following main contents:

a) Name and address of the chemical production and business facility;

b) Location of chemical production and business;

c) Type, scale, and category of chemicals produced and traded;

d) Obligations of the facility granted the Certificate or Permit;

đ) For the Permit, there must also be provisions regarding the validity period of the Permit.

2. The validity period of the Permit shall be determined by the sectoral management ministry in accordance with the type, scale, and specific characteristics of restricted chemicals listed in the Chemicals List.

Article 18. Supplementing and Revoking the Certificate and Permit

1. In cases where expanding chemical production and trade exceeds the conditions specified in the Certificate or the provisions of the Permit already issued, before implementation, organizations and individuals must complete the procedures to supplement the Certificate or Permit in accordance with the new scale. The procedure for supplementing the Certificate or Permit shall be carried out in accordance with the procedures for requesting a new Certificate or Permit.

2. Organizations and individuals will have their Certificate or Permit revoked in the following situations:

a) Falsifying the application file;

b) No longer meeting the required conditions for issuance;

c) Violating the provisions of the Certificate or Permit without rectification within the time limit set by the competent authority;

d) Renting or lending the Permit; arbitrarily modifying the content of the Certificate or Permit;

đ) Seriously violating the provisions of this Law;

e) Ceasing chemical production and trading activities.

3. Organizations and individuals requesting to supplement the Certificate or Permit must pay the prescribed fee under the law.

Article 19. Prohibited Chemicals

1. Prohibited chemicals are particularly dangerous chemicals listed in the Prohibited Chemicals List as prescribed by the Government.

2. Organizations and individuals are not permitted to produce, trade, transport, store, or use prohibited chemicals, except in the cases provided for in Clause 3 of this Article.

3. In special cases for scientific research purposes, national defense, security, disease prevention and control, the production, import, and use of prohibited chemicals must be approved by the Prime Minister.

4. Organizations and individuals permitted to produce, import, and use prohibited chemicals must strictly manage quantities; ensure no loss or accidents occur; report periodically as prescribed in Article 52 of this Law.

5. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to establish the Prohibited Chemicals List to be promulgated by the Government.

Article 20. Transporting Hazardous Chemicals

1. Organizations and individuals transporting hazardous chemicals must comply with the regulations on transporting dangerous goods under the laws on road traffic, inland waterway traffic, railway, aviation, maritime transport, and other related laws.

2. In case of an accident during transportation, the driver, consignor, and owner of the vehicle must take necessary measures to minimize consequences and rectify the accident, while simultaneously reporting to the People's Committee and relevant agencies nearest to the incident.

Article 21. Storing and Preserving Hazardous Chemicals in Production and Trading

Organizations and individuals storing and preserving hazardous chemicals in production and trading must ensure the following requirements:

1. Safety distance requirements and technical safety requirements for storing and preserving chemicals;

2. Necessary warnings at storage and preservation locations for hazardous chemicals as prescribed in point e of Clause 1, Article 12 of this Law;

3. Equipment and means suitable for emergency response corresponding to the hazardous characteristics of the chemicals;

4. Measures to prevent and respond to chemical incidents or plans to prevent and respond to chemical incidents as prescribed in Chapter VI of this Law.

Article 22. Safe Distance for Facilities Producing and Trading Hazardous Chemicals

1. The location of production facilities and warehouses storing hazardous chemicals listed in the scope defined in Clause 1, Article 38 of this Law must ensure safe distances from residential areas, public works, historical and cultural sites, scenic spots, biodiversity conservation areas, and sources of drinking water..

2. Organizations and individuals are not allowed to construct houses and other buildings within the safe distance area, except for specialized structures approved by the competent state agency.

3. The Government shall specify the safe distance requirements as provided for in this Article..

Article 23. Control of Purchasing and Selling Toxic Chemicals

1. The purchase and sale of toxic chemicals must be accompanied by a control form, confirmed by both the buyer and seller, serving as the basis for controlling the circulation of toxic chemicals on the market.

2. The control form for purchasing and selling toxic chemicals shall include information about the name of the chemical, quantity, purpose of use; names and signatures of the buyer and seller; addresses and ID card numbers of representatives of the buyer and seller; delivery date.

3. The control form for purchasing and selling toxic chemicals must be kept by the seller and buyer for at least five years and must be presented when requested by the competent authority.

4. The Ministry of Industry and Trade shall prescribe the format of the control form for purchasing and selling toxic chemicals.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". Exporting, Importing, Temporarily Importing for Re-export, and Transit Transport of Chemicals

Exporting, importing, temporarily importing for re-export, and transit transport of chemicals must comply with the provisions of this Law, other relevant laws, and international treaties to which the Socialist Republic of Vietnam is a party..

Article 25. Handling and Disposal of Residual Chemicals, Waste, and Containers

1. Organizations and individuals producing and trading in chemicals must handle and dispose of residual chemicals, waste, and containers according to environmental protection laws. 2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to specify the handling and disposal of residual chemicals, waste, and containers in accordance with environmental protection laws.

Advertising of Chemicals

Article 26. 1. Advertising of chemicals must comply with advertising laws.

2. Advertisements for products and goods containing toxic or hazardous chemicals must include warnings about their dangerous characteristics and harmful effects, along with preventive measures.

CLASSIFICATION, LABELING, PACKAGING, AND CHEMICAL SAFETY DATA SHEETS

Chapter IV

Classification and Labeling of Chemicals

Article 27. 1. Organizations and individuals producing or importing chemicals have the obligation to classify and label chemicals before putting them into use or circulation on the market.

2. Classification of chemicals shall be carried out in accordance with the rules and technical guidelines of the Globally Harmonized System of Classification and Labelling of Chemicals.

3. Labeling of chemicals shall be conducted in accordance with the provisions of the law on product labeling.

4. Labeling of hazardous chemicals shall be conducted in accordance with the provisions of the law on product labeling and the guidelines of the Globally Harmonized System of Classification and Labelling of Chemicals.

5. The Ministry of Industry and Trade shall guide and manage the classification and labeling of chemicals in accordance with the Globally Harmonized System of Classification and Labelling of Chemicals and determine the implementation timeline for classification and labeling regulations for substances and mixtures.

Packaging of Chemicals

Article 28. 1. Chemicals circulating on the market must meet the following requirements:

a) Comply with the classification and labeling requirements for chemicals stipulated in Article 27 of this Law;

b) Not leak or release chemicals during transportation, storage, or preservation;

c) Not be corroded or destroyed by the chemicals contained within;

d) Comply with packaging technical standards issued by competent authorities or international standards recognized for application by state management agencies.

2. Sectoral management agencies shall specify packaging specifications, materials, and inspection and testing requirements for each type of chemical.

Safety Data Sheets for Chemicals

Article 29. 1. Hazardous chemicals, including dangerous substances and mixtures containing dangerous substances above specified levels, must have safety data sheets prepared.

2. Organizations and individuals producing or importing hazardous chemicals must prepare safety data sheets before putting them into use or circulation on the market.

3. A safety data sheet includes the following contents:

a) Identification of the chemical;

b) Identification of the hazardous characteristics of the chemical;

c) Information on component substances;

d) Physical and chemical properties of the chemical;

đ) Stability and reactivity information;

e) Toxicity information;

g) Ecological information;

h) Medical first aid measures;

i) Fire-fighting measures;

k) Emergency response measures;

l) Storage requirements;

m) Effects on humans and personal protective equipment requirements;

n) Disposal requirements;

o) Transportation requirements;

p) Technical standards and legal provisions that must be followed;

q) Other necessary information.

4. The Government shall specify the concentration of dangerous substances in mixtures that require preparation of a safety data sheet as provided for in Clause 1 of this Article.

USE OF CHEMICALS

Chapter V

Rights and Obligations of Organizations and Individuals Using Chemicals to Produce Products and Goods

Article 30. 1. Organizations and individuals using chemicals to produce other products and goods have the right to request suppliers to provide complete and accurate information related to the characteristics, properties, classification, labeling, and safety data sheets for hazardous chemicals.

2. Organizations and individuals using chemicals to produce other products and goods have the following obligations:

a) Comply with chemical safety management regulations;

b) Have dedicated personnel responsible for chemical safety; meet the requirements for material and technical facilities and professional capacity in chemical safety appropriate to the quantity and characteristics of the chemicals;

c) Regularly train and instruct employees on chemical safety;

đ) Provide complete, timely, and accurate information and guidance on chemical safety to employees and direct managers;

e) Develop preventive and emergency response measures for chemical accidents and emergency response plans in accordance with Chapter VI of this Law;

g) Timely notify organizations and individuals supplying chemicals and chemical management agencies when new hazardous characteristics of used chemicals are discovered;

h) Comply with inspection requirements of competent state agencies regarding the implementation of chemical safety regulations.

Rights and Obligations of Organizations and Individuals Using Hazardous Chemicals to Produce Other Products and Goods

1. Organizations and individuals using hazardous chemicals to produce other products and goods, in addition to the rights and obligations stipulated in Article 30 of this Law, must also fulfill the following obligations:

Article 31a) Ensure safe conditions for people and the environment during the use and storage of hazardous chemicals;

b) Comply with technical standards and quality standards for hazardous chemicals in the production of other products and goods;

c) Not use toxic chemicals with characteristics specified at points h, i, k, or l of Clause 4 of Article 4 of this Law in food products, cosmetics, food additives, or food preservatives;

d) Install appropriate warning systems in areas where hazardous chemicals are used or stored, reflecting all different hazardous characteristics if present;

đ) Provide complete, timely, and accurate information and guidance on chemical safety to those directly using, storing, or transporting chemicals, and to production managers;

e) Implement legal provisions on the handling and disposal of hazardous chemicals and their containers.

đ) Cung cấp đầy đủ, kịp thời, chính xác thông tin, hướng dẫn thực hiện an toàn hóa chất cho người trực tiếp sử dụng, bảo quản, vận chuyển hóa chất, người quản lý sản xuất hóa chất;

e) Thực hiện các quy định của pháp luật về xử lý, thải bỏ hóa chất nguy hiểm và dụng cụ chứa hóa chất đó;

2. The sector management agency shall issue and manage the activities of chemicals listed in the Catalogue of chemicals not to be used for producing products and goods under its jurisdiction in accordance with this Law and other relevant legal provisions.

Article 32. Rights and obligations of organizations and individuals using chemicals for consumption purposes

1. Organizations and individuals using chemicals for consumption purposes have the right to request full information on the hazardous characteristics of chemicals and safety requirements; they are entitled to compensation from suppliers for damages caused during the use of chemicals due to inaccurate information provided by the supplier.

2. Organizations and individuals using chemicals for consumption purposes shall fulfill technical instructions accompanying the chemicals or displayed on the chemical labels; they must ensure their own and community safety.

Article 33. Use of chemicals for experiments and scientific research

1. The head of the laboratory and the person directly using chemicals for conducting experiments and scientific research must fully comply with the regulations on chemical safety as stipulated in this Law and other relevant legal provisions.

2. Laboratories must be equipped with safety equipment and personal protective equipment suitable for the hazardous nature of the chemicals.

3. Containers holding chemicals in laboratories and storage rooms must bear labels complying with the labeling requirements for chemicals as prescribed by law.

4. Laboratories must maintain records to track chemicals and update periodically the situation regarding chemical usage; they must retain safety data sheets.

5. The Ministry of Science and Technology shall regulate the use of chemicals for conducting experiments and scientific research.

Article 34. Storage and preservation of dangerous chemicals in use

1. Organizations and individuals using dangerous chemicals for production of products and goods must comply with the regulations on storing and preserving dangerous chemicals as stipulated in Article 21 of this Law.

2. Organizations and individuals using dangerous chemicals for consumption purposes must follow the manufacturer's instructions displayed on the label, packaging, or included in the user manual accompanying the chemical product.

Article 35. Disposal of abandoned chemicals in use

1. Organizations and individuals using chemicals for production of products and goods, using chemicals in experiments and scientific research, and for consumption purposes must dispose of residual chemicals, waste, and chemical containers according to environmental protection laws.

2. Abandoned chemicals must be treated using appropriate technology that meets environmental protection standards.

3. Chemicals used for household and individual consumption purposes must be disposed of according to the manufacturer's recommendations, environmental protection laws, ensuring safety for people and the environment.

Chapter VI

PREVENTION AND EMERGENCY RESPONSE TO CHEMICAL ACCIDENTS

Article 36. Prevention of chemical accidents

1. Organizations and individuals engaged in chemical activities must comply with technical standards on safety; they must regularly train and instruct employees on chemical safety.

2. Project investors engaging in chemical activities not listed in Item 1 of Article 38 of this Law must develop preventive and response measures for chemical accidents suitable to the scale, production conditions, and characteristics of the chemicals.

3. Preventive and response measures for chemical accidents include the following basic contents:

a) Identification, demarcation, and establishment of plans for regular inspections of points with high risk of chemical accidents;

b) Measures, equipment, and local response forces;

c) Plans for cooperation with external forces to respond to chemical accidents.

4. Project investors engaging in chemical activities listed in Item 1 of Article 38 of this Law must develop a Plan for Preventing and Responding to Chemical Accidents and submit it to the competent state management authority for approval; they may only commence operations after the Plan has been approved. In cases of expanding scale or changing scope of activities, they must revise and supplement the Plan and resubmit it to the competent authority for approval.

Article 37. Equipment and forces for responding to chemical accidents

1. Organizations and individuals engaged in chemical activities are responsible for building local response capabilities and equipping themselves with appropriate equipment based on the scale and characteristics of the chemicals.

2. Local response forces must be regularly trained and practiced in response plans for chemical accidents.

3. Firefighting forces, other forces, and related state management agencies are responsible for enhancing their capabilities and equipment to respond to chemical accidents.

Article 38. Catalogue of dangerous chemicals requiring development of a Plan for Preventing and Responding to Chemical Accidents

1. Based on the hazardous characteristics of chemicals, the scale of production, business, and use of chemicals, the Government shall promulgate the Catalogue of dangerous chemicals requiring development of a Plan for Preventing and Responding to Chemical Accidents.

2. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to formulate the Catalogue as stipulated in Item 1 of this Article and submit it to the Government for promulgation.

Article 39. Contents of the Plan for Preventing and Responding to Chemical Accidents

1. Information on the characteristics, quantity, production technology, use of chemicals, geographical features, population, and environmental conditions where chemical activities are conducted.

2. Forecasting risks leading to accidents and plans for monitoring potential accident sources.

3. Forecasting scenarios of chemical accidents and preventive measures.

4. Response capabilities for chemical accidents including equipment, personnel, plans for coordinating with local forces, and evacuation plans.

5. Remediation plans for the aftermath of chemical accidents in accordance with environmental protection laws and other relevant legal provisions.

Article 40. Documentation and procedures for approving the Plan for Preventing and Responding to Chemical Accidents

1. Organizations and individuals requesting approval of the Plan for Preventing and Responding to Chemical Accidents shall submit the application to the competent authority for approval.

2. The application for approval of the Plan for Preventing and Responding to Chemical Accidents shall include:

a) An application form as prescribed;

b) The Plan for Preventing and Responding to Chemical Accidents as stipulated in Article 39 of this Law.

3. The competent authority approving the Plan for Preventing and Responding to Chemical Accidents shall be responsible for organizing the review and approval within thirty days from the date of receipt of complete and valid documentation.

4. Organizations and individuals requesting approval for the Chemical Accident Prevention and Response Plan must pay fees as prescribed by law.

Article 41. Authority to Approve the Chemical Accident Prevention and Response Plan

The sectoral management ministry, in charge of the relevant field, shall organize the review and approval of the Chemical Accident Prevention and Response Plan in coordination with the state management agency on fire prevention and fighting, the Ministry of Industry and Trade, and other related state management agencies.

Article 42 |||. Responsibilities for Coordinating Chemical Accident Prevention and Response

1. Organizations and individuals operating chemical substances listed in Article 38, Clause 1 of this Law must provide the People's Committees at all levels and local fire prevention and fighting agencies with the contents stipulated in Clauses 3, 4, and 5 of Article 39 of this Law to coordinate in responding to chemical accidents; in cases where the chemical operation facility is located within an industrial park, export processing zone, or economic zone, they must also provide the above information to the Management Board of the industrial park, export processing zone, or economic zone.

2. When a chemical accident occurs, organizations and individuals operating chemical substances must promptly apply preventive and response measures, the Chemical Accident Prevention and Response Plan, and immediately notify the fire prevention and fighting forces, relevant agencies and units, and the nearest local authorities to coordinate in responding to and mitigating the accident.

3. In the case of a serious chemical accident, the responsibilities for coordinating responses are as follows:

a) The chemical operation facility must promptly implement the response measures specified in Clause 2 of this Article;

b) The People's Committee of the commune, ward, or town where the chemical accident occurs has the responsibility to promptly mobilize local forces and apply other necessary measures, while simultaneously reporting to the People's Committee of the district, city district, town, or provincial city to mobilize forces to implement rescue measures, evacuate people and assets, and report immediately to the Chairman of the Provincial People's Committee;

c) The Chairman of the Provincial People's Committee directly directs the response to and mitigation of the consequences of the chemical accident;

d) The sectoral management ministry and the Ministry of Industry and Trade have the responsibility to promptly coordinate with the Provincial People's Committee where the accident occurred to respond to and mitigate the consequences of the chemical accident;

đ) Organizations and individuals have the responsibility to comply with the mobilization of personnel and assets by authorized state agencies to respond to and mitigate the consequences of the chemical accident as prescribed by law;

e) The Chairman of the Provincial People's Committee where the accident occurred must immediately inform the National Search and Rescue Committee and relevant agencies to coordinate in handling the situation according to the provisions of the law.

Chapter VII

REPORTING, REGISTRATION AND PROVISION OF CHEMICAL INFORMATION

Article 43. Chemical Reporting

1. Organizations and individuals importing chemicals must report chemicals to the Ministry of Industry and Trade; organizations and individuals producing chemicals must report chemicals to the specialized management agency overseeing chemical activities of the Provincial People's Committee.

2. The content of chemical reporting includes:

a) Name and address of the organization or individual producing or importing chemicals;

b) Name, quantity, and origin of the chemicals.

3. Annually, the specialized management agency overseeing chemical activities of the Provincial People's Committee has the responsibility to report to the Ministry of Industry and Trade about the chemical reporting information in their locality.

4. The Government shall specify the List of chemicals that must be reported. The Ministry of Industry and Trade shall prescribe the format for chemical reporting as stipulated in this Article.

Article 44. Registration of New Chemicals

1. New chemicals may only be put into use and circulated in the market after being registered with the competent state authority.

2. The registration dossier for new chemicals, except in the case provided for in Clause 3 of this Article, includes:

a) Application for registration of new chemicals;

b) The name of the new chemical according to the guidelines of the International Union of Pure and Applied Chemistry (IUPAC) and the chemical formula of the chemical;

c) Information on the physical and chemical properties and hazardous characteristics of the chemical confirmed by the organization evaluating new chemicals as stipulated in Article 45 of this Law.

3. The registration dossier for new chemicals used for scientific research purposes, security, and social order protection includes:

a) Documents specified in point a and point b of Clause 2 of this Article;

b) Information on the purpose of use and duration of use of the chemical.

4. The Ministry of Industry and Trade shall prescribe the procedures, formalities, and implementation of the registration of new chemicals.

Article 45 |||. Organization Evaluating New Chemicals

1. The organization evaluating new chemicals is an organization with sufficient capacity to evaluate new chemicals, designated by the competent state authority or foreign testing organizations recognized by the Organization for Economic Cooperation and Development (OECD) for chemical evaluation.

2. The Minister of Industry and Trade shall stipulate the conditions and designate the organization evaluating new chemicals in Vietnam.

Article 46. Management of Activities Related to New Chemicals

1. The Ministry of Industry and Trade shall be responsible for monitoring and managing activities related to new chemicals.

2. Within five years from the date of registration of new chemicals, annually, before January 31 of the following year, organizations and individuals engaged in chemical activities related to new chemicals must report to the sectoral management ministry and the Ministry of Industry and Trade.

3. The Ministry of Industry and Trade shall specify the details regarding the content and format of the report.

Article 47 |||. Provision of Information on Toxic Chemicals and Hazardous Chemicals

1. The sectoral management ministry shall be responsible for providing information on toxic chemicals and hazardous chemicals under its jurisdiction upon request to serve the treatment and rescue of persons, animals, and plants affected by chemical accidents.

2. The Ministry of Industry and Trade shall cooperate with the Ministry of Health and the Ministry of Natural Resources and Environment to organize publicity on preventing and combating the impact of toxic chemicals and hazardous chemicals.

Article 48. Information on Newly Identified Hazardous Characteristics of Chemicals

1. When signs of newly identified hazardous characteristics of chemicals are discovered, organizations and individuals engaged in chemical activities must promptly report to the Ministry of Industry and Trade and inform the producers and importers of those chemicals.

2. Producers and importers of chemicals showing signs of newly identified hazardous characteristics must report to the Ministry of Industry and Trade for further examination and collection of additional scientific evidence on the newly identified hazardous characteristics.

3. The Ministry of Industry and Trade shall be responsible for preparing files on chemicals exhibiting new hazardous characteristics to conduct measures for collecting scientific evidence and supplementary testing to determine the new hazardous characteristics of such chemicals.

4. When there is sufficient evidence to confirm the new hazardous characteristics of chemicals, the Ministry of Industry and Trade shall decide to apply appropriate management measures for those chemicals.

5. Once there is an official conclusion from the competent state agency regarding the new hazardous characteristics of chemicals, organizations and individuals producing, importing such chemicals shall have the responsibility to modify and supplement the labels and safety data sheets in accordance with the new hazardous characteristics.

Article 49. Obligation to Provide Information

Organizations and individuals engaged in chemical activities shall have the obligation to provide complete, timely, and accurate information as required by the competent authority in the following cases:

1. Chemical accidents occurring within chemical operation facilities;

2. To serve the requirements for preventing natural disasters that may cause chemical accidents at chemical operation facilities;

3. To serve investigations and surveys for developing strategies, planning, and plans for the development of chemical industry regions and sectors;

4. To serve inspection and supervision work in chemical activities.

Article 50. Confidentiality of information

1. Agencies and persons receiving declarations, registrations, and reports on chemicals shall be responsible for keeping confidential information as requested by the declarant, registrant, or reporter, except in the case provided for in Clause 1 of Article 51 of this Law.

2. Confidential information of the declarant, registrant, or reporter includes:

a) The name and quantity of chemicals produced, imported, and traded;

b) Information related to technological secrets and trade secrets.

Article 51. Use of Confidential Information

1. Agencies and persons receiving declarations, registrations, and reports on chemicals shall be responsible for providing the confidential information stipulated in Article 50 of this Law when requested by the competent state authority.

2. Agencies and persons receiving declarations, registrations, and reports on chemicals shall be responsible for keeping confidential information in accordance with the law.

Article 52. Report on Production, Import, and Use of Chemicals Prohibited Chemical List

1. Annually, before January 31, organizations and individuals producing, importing, and using chemicals listed in the Prohibited Chemical List shall be responsible for submitting a report on the production, import, and use of prohibited chemicals of the previous year to the sectoral management agency and the Ministry of Industry and Trade.

2. The report on the production, import, and use of chemicals listed in the Prohibited Chemical List must include the following main contents:

a) Name of the chemical, purpose of use, quantity of chemicals produced, imported, and used;

b) Quantity imported, exported, stored, and storage location;

c) Implementation of chemical safety measures;

d) Other information if required.

Article 53. Storage of Hazardous Chemical Information

1. Organizations and individuals engaged in chemical activities must establish, regularly update, and store information about hazardous chemicals in their chemical operations for at least three years from the date of completion of the activity with such chemicals.

2. The information to be stored includes the scientific name, trade name of the chemical; quantity produced, imported, used, and disposed of; purpose of use, classification according to the Globally Harmonized System of Classification and Labelling of Chemicals; information related to chemical accidents, chemical safety at the facility.

3. In the case where a chemical operation facility has multiple branches, the hazardous chemical data must include all relevant information of the facility and its branches.

Article 54. Retention Period for Reports

Agencies and organizations receiving chemical reports as stipulated in Articles 46 and 52 of this Law must retain the above documents for at least ten years.

Article 55. National Chemical List and National Chemical Database

1. The Government shall organize the construction and promulgation of the National Chemical List and the National Chemical Database.

2. The National Chemical List and the National Chemical Database must be modern, consistent with international practices, publicly announced, and updated regularly.

Chapter VIII

ENVIRONMENTAL PROTECTION AND SAFETY FOR THE COMMUNITY

Article 56. Responsibility for Environmental Protection and Community Safety

Organizations and individuals engaged in chemical activities, related to chemical activities, shall be responsible for fully implementing regulations on chemical safety as prescribed by this Law, environmental protection laws, health protection laws, labor safety laws, and other relevant laws.

Article 57. Rights and Obligations of Organizations and Individuals in Environmental Protection and Community Safety

1. Organizations and individuals where there are chemical operation facilities have the following rights:

a) To be provided with information related to chemical safety at the facility;

b) To request the implementation of environmental protection measures and community health protection measures;

c) To be compensated for damages to health, life, and property caused by chemical activities in accordance with the law;

d) To propose the competent state authority to suspend the activities of organizations and individuals who violate the provisions of the law on chemical safety;

e) To participate in opinions on environmental protection measures and the Chemical Accident Prevention and Response Plan for projects to build dangerous chemical storage facilities in localities.

2. Organizations and individuals where there are chemical operation facilities have the following responsibilities:

a) Timely report to competent state agencies when discovering violations of the law on chemical safety;

f) To facilitate agencies and relevant organizations in remedying chemical accidents.

Article 58. Publicizing Information on Chemical Safety

Organizations and individuals engaged in chemical activities shall be responsible for cooperating with local authorities to disseminate public information to the local community about the following chemical safety information:

1. Measures to ensure safety, protect human health, and the environment as prescribed by this Law and environmental protection laws;

2. The basic content of the Chemical Accident Prevention and Response Plan prescribed in Article 39, excluding confidential information prescribed in Article 50 of this Law.

Article 59. Responsibility for Handling Residual Toxic Chemicals and Seized Chemical Products Containing Toxic Chemicals

1. The People's Committee of the province shall be responsible for compiling, identifying, and informing the Ministry of Natural Resources and Environment about the locations and quantities of residual toxic chemicals of unknown origin and seized chemicals and products containing toxic chemicals in their locality.

2. The Ministry of Natural Resources and Environment shall coordinate with the Ministry of Industry and Trade and relevant agencies, provincial People's Committees to develop plans for handling residual toxic chemicals of unknown origin, confiscated toxic chemicals, and products containing toxic chemicals.

3. Provincial People's Committees shall organize the implementation of plans for handling residual toxic chemicals of unknown origin, confiscated toxic chemicals, and products containing toxic chemicals; the Ministry of Natural Resources and Environment shall inspect and monitor the handling process in accordance with this Law and environmental protection laws.

4. Organizations and individuals possessing residual toxic chemicals or confiscated products containing toxic chemicals shall bear all costs associated with their disposal.

5. In cases where residual toxic chemicals of unknown origin, toxic chemicals without identifiable owners, or confiscated toxic chemicals that the owner lacks financial capability to dispose of, the disposal costs shall be covered from the state budget.

Article 60. Responsibilities for Handling Residual Toxic Chemicals from War

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Defense and related ministries, sectors, and localities to identify sources and the scope of impact of residual toxic chemicals from war; develop plans for handling such chemicals and submit them to the Prime Minister for approval.

2. The Prime Minister shall direct relevant ministries, sectors, and localities to implement plans for handling residual toxic chemicals from war.

Article 61. Liability Insurance for Damages Caused by Chemical Activitiesh1. The State encourages insurance businesses to provide liability insurance for damages caused by chemical activities.

2. The State encourages organizations and individuals engaged in the production and trade of chemicals to purchase liability insurance for damages caused by chemical activities. 3. Based on economic and social development conditions and requirements for ensuring safe chemical operations as stipulated by the Law on Insurance Business, the Government shall propose to the Standing Committee of the National Assembly to consider and establish mandatory insurance for hazardous and toxic chemical activities.

STATE MANAGEMENT RESPONSIBILITIES FOR CHEMICAL ACTIVITIES

State Management Responsibilities for Chemical Activities

Chapter IX

1. The Government shall uniformly manage state affairs concerning chemical activities nationwide.

Article 62. 2. The Ministry of Industry and Trade shall be responsible before the Government for managing state affairs concerning chemical activities.

3. Ministries and agencies at the ministerial level within their respective duties and authorities shall have the responsibility to cooperate with the Ministry of Industry and Trade in implementing state management tasks concerning chemical activities as assigned by the Government.

4. People's Committees at all levels shall manage state affairs concerning chemical activities within their jurisdictions according to the delegation of the Government.

State Management Responsibilities for Chemical Activities of the Ministry of Industry and Trade

1. Within its duties and authorities, the Ministry of Industry and Trade shall implement the following state management tasks concerning chemical activities:

Article 63. Responsibilities of the Ministry of Science and Technology a) Issuing regulations, strategies, planning, and technical standards for chemical safety through its authority or submitting them to the Government for issuance; b) Leading and coordinating with other ministries and sectors to develop and submit to the Government for issuance the National List of Chemicals, Lists of Conditionally Produced and Traded Chemicals, Restricted Production and Trading Chemicals, Prohibited Chemicals, Chemicals Requiring Notification, and Hazardous Chemicals Requiring Emergency Response Plans;

c) Managing industrial-use chemicals, precursor chemicals for industrial use, and chemicals under the Chemical Weapons Convention; managing chemicals used in consumer industrial products; issuing lists of chemicals not allowed in household and consumer products, except those managed by the Ministry of Health and the Ministry of Agriculture and Rural Development;

d) Establishing a national chemical database;

đ) Uniformly managing classification, labeling of hazardous chemicals, registration and notification of chemicals, and chemical safety information;

e) Compiling and statistically summarizing the implementation of chemical safety nationwide;

g) Guiding the construction and organization of emergency response plan reviews; cooperating with relevant agencies in prevention, response, and recovery from chemical emergencies;

h) Implementing international cooperation in chemical activities and chemical safety;

i) Specifying detailed conditions regarding infrastructure, technical equipment, and professional qualifications for chemical activity facilities under the Ministry of Industry and Trade's jurisdiction;

k) Participating in the dissemination, popularization, and education of laws related to chemicals;

l) Conducting inspections on chemical activities; resolving complaints and reports related to chemical activities;

m) Other tasks related to chemical activities delegated by the Government.

2. The Government shall decide on the establishment and define the functions, tasks, and organizational structure of state management agencies under the Ministry of Industry and Trade to assist the Minister in performing state management responsibilities for chemical activities.

Responsibilities of Relevant Ministries and Agencies Directly Related to Chemical Activities

1. The Ministry of Natural Resources and Environment shall issue regulations on environmental protection related to chemical activities through its authority or submit them to competent authorities for issuance; handle residual toxic chemicals, residual toxic chemicals from war, toxic chemicals of unknown origin, and confiscated toxic chemicals.

2. The Ministry of Science and Technology shall issue and announce technical standards and regulations on chemical safety through its authority; submit policies for research, development, and application of less hazardous technologies to competent authorities for issuance.

Article 64. 3. The Ministry of Transport shall issue regulations on the transportation of hazardous chemicals by road, inland waterway, railway, air, and sea through its authority or submit them to competent authorities for issuance; develop and supplement technical standards for the transportation of hazardous chemicals. 4. The Ministry of Health shall manage chemicals used in pharmaceutical preparations for humans, chemicals used in household and medical disinfectants and insecticides; coordinate with other ministries and sectors to formulate occupational health and safety regulations.

1. Bộ Tài nguyên và Môi trường ban hành theo thẩm quyền hoặc trình cơ quan có thẩm quyền ban hành các quy định về bảo vệ môi trường liên quan đến hoạt động hóa chất; xử lý, thải bỏ hóa chất độc tồn dư, hóa chất độc tồn dư của chiến tranh, hóa chất độc không rõ nguồn gốc và hóa chất độc bị tịch thu.

2. Bộ Khoa học và Công nghệ ban hành, công bố tiêu chuẩn, quy chuẩn kỹ thuật về an toàn hóa chất theo thẩm quyền; trình cơ quan có thẩm quyền ban hành chính sách nghiên cứu, phát triển, áp dụng công nghệ phù hợp với việc sử dụng hóa chất ít nguy hiểm.

3. Bộ Giao thông Vận tải ban hành theo thẩm quyền hoặc trình cơ quan có thẩm quyền ban hành các quy định về vận chuyển hóa chất nguy hiểm bằng đường bộ, đường thuỷ nội địa, đường sắt, hàng không, hàng hải; xây dựng, bổ sung các quy chuẩn kỹ thuật về vận chuyển hóa chất nguy hiểm.

4. Bộ Y tế quản lý các hóa chất sử dụng để bào chế dược phẩm cho người, hóa chất sử dụng trong chất diệt khuẩn, diệt côn trùng trong gia dụng và y tế; phối hợp với các bộ, ngành quy định về vệ sinh an toàn lao động in chemical activities; coordinate with the Ministry of Industry and Trade to establish the List of Prohibited Chemicals, the List of Restricted Chemical Production and Trading in the Medical Field for submission to the Government for issuance; issue the List of Chemicals Not Permitted, Restricted, and Permitted for Use in the Medical Field, chemicals used in household and medical insecticides and bactericides, pharmaceuticals, and food additives.

5. The Ministry of Agriculture and Rural Development manages chemicals used in agriculture, animal husbandry, aquaculture, veterinary medicine, plant protection, preservation, processing of agricultural, forestry, and marine products, and food; coordinate with the Ministry of Industry and Trade and relevant ministries and sectors to establish the List of Prohibited Chemicals, the List of Restricted Chemical Production and Trading; issue the List of Chemicals Not Permitted, Restricted, and Permitted for Use in the Agricultural Field; guide classification, labeling, and safety data sheet construction for plant protection chemicals.

6. The Ministry of Public Security and the Ministry of National Defense manage chemicals and chemical products in the defense and security fields.

7. The Ministry of Labor, Invalids and Social Affairs promulgates regulations on occupational safety and health for workers participating in chemical activities within its authority or submit them to competent authorities for issuance; manage the use of chemicals in vocational training institutions.

8. The Ministry of Education and Training manages the use of chemicals in schools and other educational institutions under the national education system.

Article 65. State management responsibilities for chemical activities of People's Committees at all levels

1. People's Committees at all levels shall perform management, inspection, supervision, handling of complaints and denunciations, administrative penalties for chemical activities within their scope of duties and powers as assigned by the Government, this Law, and other relevant laws.

2. Provincial People's Committees shall have specialized agencies as focal points to assist the Committee in managing chemical activities in accordance with Government regulations.

Article 66. Inspection of chemical activities

1. The Ministry of Industry and Trade, relevant ministries, agencies of equivalent status, and People's Committees at all levels shall carry out inspection tasks for chemical activities within their jurisdiction as assigned and delegated.

2. Organizations, tasks, and powers of chemical inspections shall be implemented in accordance with the law on inspection.

Article 67. Handling Violations

Organizations, individuals who violate the provisions of this Law and other relevant laws on chemical activities shall be subject to administrative penalties or criminal prosecution depending on the type of violator, nature, and degree of violation; if damage occurs, they must compensate according to the law.

2. Individuals who abuse their positions, power, extort, cause difficulties, or inconvenience organizations and individuals engaged in chemical activities; cover up for those violating the law on chemical activities or fail to fulfill their responsibilities leading to chemical pollution or incidents shall be subject to disciplinary action or criminal prosecution depending on the nature and degree of violation; if damage occurs, they must compensate according to the law.

Article 68. Resolution of disputes in chemical activities

Disputes in chemical activities shall be resolved through the following methods:

1. Negotiation between the parties;

2. Mediation between the parties by an organization or individual agreed upon by both parties as mediators;

3. Resolution by commercial arbitration or court.

Chapter X

IMPLEMENTING PROVISIONS

Article 69. Transitional Provisions

Organizations and individuals currently engaged in chemical activities must comply with the provisions on declaration, classification, labeling, and safety data sheet construction as stipulated in this Law within one year from the date this Law takes effect.

Organizations and individuals currently engaged in chemical activities must develop preventive measures and emergency response plans for chemical incidents, and plans for prevention and emergency response to chemical incidents as stipulated in this Law within six months from the date this Law takes effect.

, Clause 1, Clause 2 Article 7a of this Regulation.0. Effectiveness

This Law comes into force on July 1, 2008.

Article 71. Implementation guidance

The Government shall provide detailed regulations and guidance for the implementation of this Law

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 12th term, second session on 21 November 2007./.