Decree No. 108/2008/ND-CP detailing and guiding the implementation of certain provisions of the Chemicals Law.

Decree No. 108/2008/ND-CP provides detailed regulations on conditions for producing and trading chemicals, safe distances, thresholds for dangerous chemical contents, and the establishment of chemical safety data sheets. It applies to organizations and individuals participating in chemical activities within the territory of Vietnam.

Số hiệu108/2008/NĐ-CP
Loại văn bảnDecree
Cơ quan ban hànhMinistry of Industry and Trade
Người kýNguyễn Tấn Dũng — Thủ tướng
Cập nhật28/06/2026
NgànhIndustry and Trade
Lĩnh vựcChemicalsIndustrial Explosives
Ngày ban hành07/10/2008
Ngày áp dụng05/11/2008
Ngày hết hiệu lực09/10/2017
Tình trạngExpired
✦ Tóm lược thông minh

Decree No. 108/2008/ND-CP provides detailed regulations on conditions for producing and trading chemicals, safe distances, thresholds for dangerous chemical contents, and the establishment of chemical safety data sheets. It applies to organizations and individuals participating in chemical activities within the territory of Vietnam.

Đối tượng áp dụng

Organizations and individuals participating in chemical activities; organizations and individuals related to chemical activities within the territory of the Socialist Republic of Vietnam.

Các điểm cốt lõi

  • Facilities producing and trading chemicals with conditions must have a bachelor's degree in chemistry and dedicated staff managing chemical safety (Article 7).
  • Issuing a list of dangerous chemicals requiring preventive and emergency response plans for chemical accidents (Article 5).
  • Limited production and trading facilities must meet conditions regarding planning and national defense security (Article 12).
  • Determining safe distances from production areas to residential points based on the threshold quantities of dangerous chemicals (Articles 13-14).
  • Dangerous chemicals in mixtures must establish chemical safety data sheets when their content exceeds a certain threshold (Article 17).

🌐 Tác động xã hội từ văn bản này

  • Creating specific regulations on chemical management to ensure safety for people and the environment.
  • Requiring organizations and individuals producing and trading chemicals to invest more in equipment and personnel to comply with legal requirements, increasing operational costs.
  • Reducing the risk of accidents caused by chemicals through the establishment of preventive and emergency response plans for chemical accidents.
  • Strengthening the management of dangerous chemicals to protect public health and the environment.
  • Requiring organizations and individuals to comply with chemical safety regulations, which may pose difficulties for some small businesses.

❓ Câu hỏi thường gặp

What conditions must chemical production facilities meet?

Must have a bachelor's degree in chemistry and dedicated staff managing chemical safety (Article 7).

At what level of content must dangerous chemicals in mixtures establish a safety data sheet?

When the content of dangerous substances exceeds 1.0% by weight, a chemical safety data sheet must be established (Article 17).

What conditions must limited chemical production facilities meet?

Must meet conditions regarding planning and national defense security (Article 12).

How is the safe distance determined?

Determined based on the threshold quantities of dangerous chemicals, suitable for specific meteorological and topographical conditions (Article 14).

What must chemical production facilities declare?

Declare chemicals listed for declaration according to forms prescribed by the Ministry of Industry and Trade, along with a chemical safety data sheet if they are dangerous chemicals (Article 18).

Toàn văn

DECREE

Regulations detailing and guiding the implementation of certain provisions of the Law on Chemicals

______________________________

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates detailed regulations and guidance for implementing certain provisions of the Law on Chemicals regarding:

1. Conditions for production and business, and the List of chemicals subject to conditions for production and business; the List of restricted chemicals for production and business; the List of prohibited chemicals.

2. The List of chemicals that must have emergency preparedness and response plans established; safe distances from facilities producing and trading dangerous chemicals.

3. The List of chemicals that must be reported.

4. Threshold levels of dangerous chemicals that require safety data sheets to be established.

5. Information on chemicals.

6. National chemical database and the List of national chemicals.

7. Responsibilities of Ministries, sectors, and People's Committees at all levels in managing chemical activities.

Article 2. Applicability

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

Article 3. Explanation of Terms

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

1. GHS stands for the Globally Harmonized System of Classification and Labelling of Chemicals.

2. The List of national chemicals is a list of chemicals currently in use in Vietnam issued by the Government.

3. The national chemical database is a database of information on types of chemicals produced and imported into Vietnam stored and updated by the Ministry of Industry and Trade.

4. HACCP stands for Hazard Analysis and Critical Control Points, a system for controlling critical points to manage food safety in food processing facilities.

Chapter II

LIST OF CHEMICALS

Article 4. Lists of chemicals subject to conditions for production and business, restricted chemicals for production and business, and prohibited chemicals

1. Attached to this Decree are the lists of chemicals as prescribed in Articles 14, 15, and 19 of the Law on Chemicals, including:

a) The List of chemicals subject to conditions for production and business (Annex I);

b) The List of restricted chemicals for production and business (Annex II);

c) The List of prohibited chemicals (Annex III).

2. In accordance with management requirements during each period, the Ministry of Industry and Trade shall take the lead and coordinate with relevant Ministries to review and submit to the Government for amendments and supplements to the lists of chemicals specified in Clause 1 of this Article.

3. Ministers of relevant Ministries shall be responsible for guiding the preparation and examination of dossiers submitted to the Prime Minister for permission to produce, import, and use prohibited chemicals for special purposes serving national security, defense, disease prevention, and other special cases.

Article 5. List of dangerous chemicals requiring emergency preparedness and response plans

1. Attached to this Decree is the list of dangerous chemicals that organizations and individuals engaged in chemical activities must establish emergency preparedness and response plans for, as prescribed in Article 38 of the Law on Chemicals (Annex IV).

2. In accordance with management requirements during each period, the Ministry of Industry and Trade shall take the lead and coordinate with relevant Ministries to review and submit to the Government for amendments and supplements to the lists of chemicals specified in Clause 1 of this Article.

Article 6. List of chemicals that must be reported

1. Attached to this Decree is the List of chemicals that must be reported (Annex V).

2. In accordance with management requirements during each period, the Ministry of Industry and Trade shall take the lead and coordinate with relevant Ministries to review and submit to the Government for amendments and supplements to the lists of chemicals specified in Clause 1 of this Article.

Chapter III

CONDITIONS FOR PRODUCTION AND BUSINESS OF RESTRICTED CHEMICALS AND CHEMICALS SUBJECT TO CONDITIONS FOR PRODUCTION AND BUSINESS

Article 7. Conditions for production and business of chemicals subject to conditions for production and business in the industrial sector

1. The Director or Deputy Director of Technology of the facility producing and trading chemicals subject to conditions for production and business in industry must hold a bachelor’s degree in chemical fields.

2. There must be dedicated staff managing chemical safety, an on-site emergency response team, and appropriate equipment for preventing and responding to chemical accidents in accordance with the scale and characteristics of the chemicals; there must be a Certificate of Registration for the use of hazardous chemicals with specific industry requirements as stipulated in Decision No. 136/2004/QD-BCN dated November 19, 2004 of the Ministry of Industry (now the Ministry of Industry and Trade).

3. There must be sufficient testing equipment or contracts with units recognized by competent authorities to test the quality of industrial chemicals and chemical products to ensure compliance with standards accepted by competent authorities managing the industrial sector.

4. There must be measures for managing safety, fire prevention and control, leakage prevention, and collection and treatment of hazardous waste according to the Fire Prevention and Fighting Law, the Law on Chemicals, and specific technical standards for each type of chemical and equipment used in the facility. There must be equipment for monitoring, collecting, and treating hazardous waste in accordance with environmental protection laws and applying the ISO 14000 environmental management system before December 31, 2010.

5. The Ministry of Industry and Trade shall guide the implementation of the provisions of this Article.

Article 8. Conditions for production and business of chemicals subject to conditions in the healthcare sector

1. The Director or Deputy Director of Technology of the production and business facility of chemicals subject to conditions in the healthcare sector must have the appropriate professional qualifications and be certified with a practice certificate suitable for the form of business.

2. The physical facilities, technology, and personnel of the production facility must meet the requirements of Good Manufacturing Practices for pharmaceuticals as set forth in Decree No. 79/2006/ND-CP dated August 9, 2006, detailing the implementation of certain provisions of the Pharmacy Law.

3. The production facility of chemicals subject to conditions in the healthcare sector must have sufficient equipment for quality control or enter into a joint agreement with a unit having the capacity for quality control recognized by the competent authority in the healthcare sector to ensure that the quality of chemicals and chemical products meets pharmacopoeia standards and other standards accepted by the competent authority in the healthcare sector.

4. Measures for management, safety equipment, fire prevention and explosion protection, leakage prevention and chemical substance release, and other chemical incidents must comply with the Fire Prevention and Control Law, the Chemicals Law, and specific technical safety standards for each type of hazardous chemical and equipment used in the production and business facility.

5. The purchasing and selling facility of chemicals and chemical products subject to conditions in the healthcare sector must have adequate physical facilities and human resources to meet the legal requirements for pharmaceuticals.

6. The Ministry of Health shall provide guidance on the implementation of the provisions of this Article.

Article 9. Conditions for production and business of chemicals subject to conditions in the food sector

1. The Director or Deputy Director of Technology of the production and business facility of chemicals subject to conditions in the food sector must hold a bachelor's degree in food chemistry, pharmacy, or health sciences.

2. The physical facilities, technology, and personnel of the production and business facility of chemicals and chemical products in the food sector must meet the Hazard Analysis and Critical Control Points (HACCP) standard.

3. There must be sufficient equipment for quality control or a joint agreement with a unit having the capacity for quality control recognized by the competent authority to ensure that the quality of chemicals and chemical products in the food sector meets the standards accepted by the competent authority in the healthcare sector for each batch of products leaving the factory.

4. Measures for management, safety equipment, fire prevention and explosion protection, leakage prevention and chemical substance release, and other chemical incidents must comply with the Fire Prevention and Control Law, the Chemicals Law, and specific technical safety standards for each type of hazardous chemical and equipment used in the production and business facility.

5. The Ministry of Health shall provide guidance on the implementation of the provisions of this Article.

Article 10. Conditions for production and business of chemicals subject to conditions in the plant protection chemicals sector

1. The Director or Deputy Director of Technology of the production facility (including bottling and packaging) of chemicals subject to conditions in the plant protection sector must hold a bachelor's degree in chemical engineering, agriculture, and be certified according to the regulations stipulated in the Plant Protection Chemical Management Charter issued together with Decree No. 58/2002/ND-CP dated June 3, 2002, of the Government.

2. The physical facilities, technology, and personnel of the production facility of chemicals and chemical products subject to conditions in the plant protection sector must meet the requirements set forth in Chapter II of the Plant Protection Chemical Management Charter issued together with Decree No. 58/2002/ND-CP dated June 3, 2002, of the Government.

3. There must be sufficient equipment for quality control or a joint agreement with a unit having the capacity for quality control recognized by the competent authority to ensure that the quality of chemicals and chemical products in the food sector meets the standards accepted by the competent authority in the agricultural sector for each batch of products leaving the factory.

4. Measures for management, safety equipment, fire prevention and explosion protection, leakage prevention and chemical substance release, and other chemical incidents must comply with the Fire Prevention and Control Law, the Chemicals Law, and specific technical safety standards for each type of hazardous chemical and equipment used in the production and business facility. There must also be equipment for monitoring, collecting, and treating hazardous waste in accordance with environmental protection laws and applying the ISO 14000 environmental management system before December 31, 2010.

5. Organizations and individuals engaged in the purchase and sale of chemicals subject to conditions in the plant protection sector must hold a Practice Certificate and meet the physical and technical facility conditions as stipulated in Decree No. 58/2002/ND-CP dated June 3, 2002, of the Government.

6. The Ministry of Agriculture and Rural Development shall provide guidance on the implementation of the provisions of this Article.

Article 11. Conditions for producing and trading chemicals subject to conditions in the veterinary chemical industry.

1. The Director or Deputy Technical Director of a production facility for chemicals subject to conditions in the veterinary industry must hold a bachelor's degree in chemistry, agriculture, or pharmaceuticals.

2. Registering business for veterinary drugs, biological products, microorganisms, and chemicals used in veterinary practices.

3. Having a location and technical facilities to produce and store chemicals in compliance with veterinary hygiene standards as stipulated in Decree No. 33/2005/NĐ-CP dated March 15, 2005 detailing certain provisions of the Veterinary Law.

4. Possessing sufficient equipment to test quality or having a contractual agreement with a unit recognized by the competent authority to test the quality of veterinary chemicals and chemical products to ensure standards accepted by the competent authority in the agricultural sector for each batch of products leaving the factory.

5. Implementing management measures, safety equipment, fire prevention and explosion control, leakage prevention, and other chemical accident prevention measures according to the Fire Prevention and Fighting Law, Chemicals Law, and specific technical standards for each type of chemical and equipment used in production and trading facilities.

6. Organizations and individuals buying and selling chemicals subject to conditions in the veterinary industry must have technical facilities ensuring compliance with veterinary hygiene standards as stipulated in the Veterinary Law and Decree No. 33/2005/NĐ-CP dated March 15, 2005 detailing certain provisions of the Veterinary Law.

7. The Ministry of Agriculture and Rural Development shall guide the implementation of the provisions of this Article.

Article 12. Conditions for producing and trading restricted chemicals.

Organizations and individuals producing and trading restricted chemicals in accordance with their respective industries, in addition to meeting the conditions specified from Article 7 to Article 11 of this Chapter, must also meet conditions regarding planning, trading restrictions, and other security, defense, safety, and social order conditions stipulated in the Drug Law, Anti-Narcotics Law, and related regulatory documents.

Chapter IV

SAFETY DISTANCE

Article 13. Responsibility for Establishing Safety Distance

1. Investment projects for producing and trading chemicals listed in Appendix IV of this Decree must establish a safety distance from the production and storage areas to residential areas, public works, historical and cultural sites, scenic spots, natural reserves, national parks, biosphere reserves, species and habitat conservation areas, marine conservation areas, and sources of potable water.

2. The Ministry of Industry and Trade, in collaboration with relevant ministries overseeing the industries and local People's Committees, must address existing chemical production facilities that do not comply with the safety distance requirements set forth in this Decree or where safety distances have been violated, ensuring these facilities establish safety distances before December 31, 2010.

Article 14. Determination of Safety Distance

1. Organizations and individuals with facilities for producing and storing hazardous chemicals listed in Appendix IV of this Decree must determine the safety distance such that at the protected location, the hazardous factors fall below the threshold quantity as defined by law.

a) In cases where hazardous chemicals escape in the form of toxic vapor or gas, or create toxic vapor or gas, the threshold quantity is the concentration of the toxic substance in the air (milligrams/cubic meter) at which exposure for up to 60 minutes does not result in irreversible harm or damage requiring corresponding protective measures or actions.3b) In cases where hazardous chemicals escape in the form of flammable or explosive vapor or gas, or create flammable or explosive vapor or gas, the threshold quantity is the amount of flammable or explosive substance in the air expressed as a percentage (%) of volume or milligrams/liter, lower than the lower limit of the flammability concentration or the lower explosive limit.

c) In cases where shock waves spread from hazardous chemical accidents, the threshold quantity is the increase in air pressure caused by the spread of shock waves equal to 6.9 kPa.

2. The determination of safety distance must be based on specific meteorological and hydrological conditions, topography, and technological conditions of the hazardous chemical production and storage process.

3. For chemicals that are both flammable and explosive and toxic, the safety distance in case of an accident is determined separately for each hazardous characteristic, and the largest value is applied.

4. In facilities with multiple types of hazardous chemicals, the safety distance is determined separately for each type of chemical, and the largest safety distance is applied.

5. In facilities with multiple production and storage equipment for hazardous chemicals located at different positions, the safety distance is determined separately for each piece of production and storage equipment; the common safety distance for the entire group of equipment must include the individual safety distances of each piece of hazardous chemical production and storage equipment.

6. The Ministry of Industry and Trade is responsible for developing and promulgating technical standards for safety distances for facilities producing and trading hazardous chemicals listed in Appendix IV of this Decree.

6. The Ministry of Industry and Trade shall be responsible for developing and promulgating technical regulations on safe distances for establishments engaged in the production and business of dangerous chemicals as specified in Appendix IV of this Decree.

Article 15. Changing Safety Distances

The safety distance must be adjusted appropriately in the following cases:

1. In the case where there is a change in technology, production volume, storage volume, or any other change leading to a change in the safety distance at facilities producing or storing hazardous chemicals.

2. Statistical data on hazardous chemical incidents over the past five years shows that the predicted safety distance differs significantly from reality.

3. When the safety distance from the location of equipment to the protected position or site does not meet the permissible threshold quantity requirements, facilities producing or storing hazardous chemicals must implement measures to ensure compliance with the prescribed safety distance, specifically:

a) Reducing the production and storage volume of hazardous chemicals;

b) Supplementing protective measures or using means to reduce the release of hazardous chemicals;

c) Modifying production and storage conditions for hazardous chemicals to achieve results that reduce production and storage volumes, pressure, and temperature.

Chapter V

THRESHOLD QUANTITY OF HAZARDOUS SUBSTANCES IN MIXTURES MUST ESTABLISH A CHEMICAL SAFETY SHEET

Article 16. Detailed Classification of Hazardous Chemicals According to the Globally Harmonized System of Classification and Labelling of Chemicals

Hazardous chemicals as defined in Clause 4, Article 4 of the Law on Chemicals include groups of chemicals with specific characteristics as follows:

1. Explosives:

a) Unstable explosives;

b) Explosive type 1;

c) Explosive type 2;

d) Explosive type 3;

đ) Explosive type 4;

e) Explosive type 5;

g) Explosive type 6;

2. Flammable gases:

a) Flammable gas type 1;

b) Flammable gas type 2;

3. Flammable aerosols:

a) Flammable aerosol type 1;

b) Flammable aerosol type 2;

4. Oxidizing gases: oxidizing gas type 1.

5. Compressed gases:

a) Compressed gas;

b) Liquefied gas;

c) Refrigerated liquefied gas;

d) Dissolved gas.

6. Flammable liquids:

a) Flammable liquid type 1;

b) Flammable liquid type 2;

c) Flammable liquid type 3;

d) Flammable liquid type 4;

7. Flammable solids:

a) Flammable solid type 1;

b) Flammable solid type 2;

8. Self-reactive substances and mixtures:

a) Self-reactive substance type 1;

b) Self-reactive substance type  2;

c) Self-reactive substance type 3 and 4;

d) Self-reactive substance type 5 and 6;

đ) Self-reactive substance type 7;

9. Pyrophoric liquids: pyrophoric liquid type 1.

10. Self-heating solids: self-heating solid type 1.

11. Substances and mixtures which emit flammable gases when in contact with water:

a) Substances and mixtures which emit flammable gases when in contact with water type 1;

b) Substances and mixtures which emit flammable gases when in contact with water type  2.

12. Substances and mixtures which emit flammable gases when in contact with water:

a) Substances and mixtures which emit flammable gases when in contact with water type 1;

b) Substances and mixtures which emit flammable gases when in contact with water type 2;

c) Substances and mixtures which emit flammable gases when in contact with water type 3;

13. Oxidizing liquids:

a) Oxidizing liquid type 1;

b) Oxidizing liquid type 2;

c) Oxidizing liquid type 3.

14. Oxidizing solids

a) Oxidizing solid type 1;

b) Oxidizing solid type 2;

c) Oxidizing solid type 3.

15. Organic peroxides:

a) Organic peroxide type 1;

b) Organic peroxide type 2;

c) Organic peroxide type 3 and 4;

d) Organic peroxide type 5 and 6;

đ) Organic peroxide type 7.

16. Corrosive to metals: corrosive to metals type 1.

17. Acute toxicity:

a) Acute toxicity type 1;

b) Acute toxicity type 2;

c) Acute toxicity type 3;

d) Acute toxicity type 4;

đ) Acute toxicity type 5.

18. Skin corrosion/irritation:

a) Skin corrosion/irritation type 1;

b) Skin corrosion/irritation type 2;

c) Skin corrosion/irritation type 3.

19. Serious eye damage/eye irritation:

a) Serious eye damage/eye irritation type 1;

b) Serious eye damage/eye irritation type 2A;                                                         

c) Serious eye damage/eye irritation type 2B.

20. Respiratory sensitization: respiratory sensitization type 1.

21. Skin sensitization: skin sensitization type 1.

22. Germ cell mutagenicity:

a) Germ cell mutagenicity type 1;

b) Germ cell mutagenicity type 2.

23. Carcinogenicity:

a) Carcinogenicity type 1 A and B;

b) Carcinogenicity type 2.

24. Toxicity to reproduction:

a) Toxicity to reproduction type 1;

b) Toxicity to reproduction type 2.

25. Effects via lactation: effects via lactation type 1.

26. Single exposure toxicity to specific target organs:

a) Single exposure toxicity to specific target organs type 1;

b) Single exposure toxicity to specific target organs type 2;

c) Single exposure toxicity to specific target organs type 3;

27. Repeated exposure toxicity to specific target organs:

a) Repeated exposure toxicity to specific target organs type 1;

b) Repeated exposure toxicity to specific target organs type 2.

28. Respiratory toxicity:

a) Respiratory toxicity type 1;

b) Respiratory toxicity type 2.

29. Acute aquatic toxicity:

a) Acute aquatic toxicity type 1;

b) Acute aquatic toxicity type 2;

c) Acute aquatic toxicity type 3.

30. Chronic aquatic toxicity:

a) Chronic aquatic toxicity type 1;

b) Chronic aquatic toxicity type 2;

c) Chronic aquatic toxicity type 3;

d) Chronic aquatic toxicity type 4.

Article 17. Thresholds for Hazardous Substance Content in Chemical Mixtures Requiring Safety Data Sheets

1. Chemical mixtures containing hazardous substances at the following weight percentages must establish safety data sheets:

 

Serial number

Toxicity Characteristics

Content

1

Acute Toxicity

≥ 1.0%

2

Burns or Corrosion of Skin

≥ 1.0%

3

Capable of Causing Severe Damage to Mucous Membranes

≥ 1.0%

4

Causes First Degree Mutagenicity

≥ 0.1%

5

Causes Cancer

≥ 0.1%

6

Reproductive Toxicity

≥ 0.1%

7

Toxicity to Specific Organs (Single Exposure)

≥ 1.0%

8

Aquatic Environmental Toxicity

≥ 1.0%

 

2. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to provide specific guidance on the implementation of establishing safety data sheets for chemical mixtures.

Chapter VI

CHEMICAL INFORMATION

Article 18. Procedures for Chemical Reporting

1. Reporting Authorities

Provincial Departments of Industry and Trade under the central government shall accept reporting files from organizations and individuals producing chemicals listed in the Chemical Reporting Directory within their jurisdictional areas.

The Ministry of Industry and Trade shall accept reporting files from organizations and individuals importing chemicals listed in the Chemical Reporting Directory.

2. Reporting Files

Organizations and individuals making reports shall prepare two sets of files including the following documents:

a) A chemical reporting form according to the template prescribed by the Ministry of Industry and Trade;

b) For hazardous chemicals, the reporting file must include the Vietnamese Safety Data Sheet and the original language version or English version thereof.

In cases where chemicals have been previously reported, organizations and individuals engaged in hazardous chemical activities do not need to resubmit the Safety Data Sheet.

3. Reporting Timeframe

a) Organizations and individuals producing chemicals listed in the Chemical Reporting Directory shall be responsible for submitting written reports to the Department of Industry and Trade before January 31 each year;

b) Organizations and individuals importing chemicals shall be responsible for submitting written reports to the Ministry of Industry and Trade within fifteen working days from the date of customs clearance of the chemicals. Confirmation of chemical reporting by the Ministry of Industry and Trade is a condition for organizations and individuals to import chemicals again. The Ministry of Industry and Trade will prescribe the format of the confirmation report for imported chemical reporting;

c) The Department of Industry and Trade shall maintain a record of chemical reporting and compile the situation and results of chemical reporting in the locality, and report to the Ministry of Industry and Trade quarterly every year.

4. Exemptions from Reporting

a) Chemicals produced or imported once for national security, defense, and emergency response to natural disasters and epidemics;

b) Chemicals produced or imported less than 100 kilograms per year that do not fall under the Restricted Production and Business Chemical List and the International Convention Controlled Chemical Lists.

5. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries to build a system for receiving and reporting chemical information through an electronic network by December 31, 2010.

Article 19. Provisions on Confidentiality of Information

1. Organizations and individuals engaged in chemical activities, if they request confidentiality for information not specified in Clause 2 of Article 50 of the Chemical Law, must submit a written request to the chemical reporting authority and the chemical activity reporting authority.

2. Important information aimed at protecting public health and the environment will not be considered confidential information, including:

a) The trade name of the chemical or chemical mixture;

b) The name of the organization or individual producing or importing chemicals; organizations or individuals reporting chemical activities under Articles 43 and 52 of the Chemical Law;

c) Information in the Safety Data Sheet;

d) Information serving prevention and response to chemical incidents; preventing and limiting adverse effects caused by the toxicity of chemicals; warning information when using or coming into contact with chemicals and initial handling procedures in case of incidents;

e) Analytical methods to determine human and environmental exposure potential; summary of chemical toxicity test results;

f) Purity level of chemical mixtures and the degree of hazard of additives and impurities.

3. The Ministry of Industry and Trade shall develop detailed guidelines on the confidentiality regime for chemical reporting information. The chemical reporting authority and the chemical activity reporting authority shall be responsible for maintaining confidentiality of information.

Article 20. Construction of the National Chemical List and the National Chemical Database

1. The National Chemical List and the National Chemical Database aim to manage chemical safety and provide information for the system of answering and providing hazardous chemical information in emergency situations.

2. The Ministry of Industry and Trade shall take the lead and coordinate with sectoral ministries and localities to develop a project on investigating and surveying to build the National Chemical Database and the National Chemical List to be submitted to the Prime Minister for approval before July 1, 2009.

Chapter VII

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 21. Tasks of Implementing the Law on Chemicals of Ministries and Sectors

1. Ministries and sectors shall implement management of chemical activities according to their assigned tasks under the Law on Chemicals.

2. The Ministry of Industry and Trade shall take the lead and coordinate with sectoral ministries, provincial People's Committees, and municipal People's Committees to develop and submit to the Prime Minister projects on building the National Chemical Database and the National Chemical List; a project on fully implementing the global harmonized system of chemical labeling in Vietnam; and establishing a system of laboratories for evaluating new chemicals in Vietnam.

3. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Defense, sectoral ministries, provincial People's Committees, and municipal People's Committees to develop and submit to the Prime Minister projects on investigating, collecting, and disposing of residual chemicals from war; and a project on developing plans for collecting and disposing of residual toxic chemicals, confiscated toxic chemicals, or toxic chemicals of unknown origin.

4. The Ministry of Health and the Ministry of Agriculture and Rural Development shall review and promulgate, in accordance with regulations, lists of chemicals that are not allowed to be used, restricted from use, and permitted to be used in health-related fields, chemicals used in household and medical disinfectants and insecticides, pharmaceuticals and food additives, plant protection, veterinary medicine, and aquaculture, as stipulated by the Law on Chemicals.

5. The Ministry of Agriculture and Rural Development shall develop and submit to the Prime Minister a project on building a safety data sheet for all plant protection chemicals in Vietnam.

6. The Ministry of Public Security and the Ministry of Defense shall develop and promulgate management documents, including lists of chemicals that are not allowed to be used and chemicals permitted to be used in the field of ensuring security and defense, preventing riots, and fire prevention and firefighting.

7. The Ministry of Public Security shall take the lead and coordinate with sectoral ministries to develop and submit to the Prime Minister a project on investigating, surveying, and enhancing firefighting forces' capabilities in industrial chemical zones to fulfill the task of preventing and responding to chemical accidents.

8. The Ministry of Transport shall review and supplement management documents related to the transportation of hazardous chemicals by road, rail, waterway, and air.

Article 22. Effectiveness

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. This Decree replaces the provisions in Chapter I, Chapter II, Article 12, Article 13, Article 20 of Chapter III, and Chapter IV of Decree No. 68/2005/NĐ-CP dated May 20, 2005 of the Government on chemical safety. Previous provisions contrary to this Decree are abolished.

Article 23. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the Central Government, and relevant organizations and individuals are responsible for implementing this Decree./.

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05/2007/QH12 Luật Chất lượng sản phẩm, hàng hoá số 05/2007/QH12 Còn hiệu lực 32/2001/QH10 Luật Tổ chức Chính phủ số 32/2001/QH10 Hết hiệu lực 20/2013/TT-BCT Thông tư số 20/2013/TT-BCT Quy định về kế hoạch và biện pháp phòng ngừa, ứng phó sự cố hóa chất trong lĩnh vực công nghiệp Hết hiệu lực 21/2015/TT-BNNPTNT Thông tư số 21/2015/TT-BNNPTNT Về quản lý thuốc bảo vệ thực vật Còn hiệu lực 36/2014/TT-BCT Thông tư số 36/2014/TT-BCT Quy định về huấn luyện kỹ thuật an toàn hóa chất và cấp Giấy chứng nhận huấn luyện kỹ thuật an toàn hóa chất Hết hiệu lực 14/2013/TT-BNNPTNT Thông tư số 14/2013/TT-BNNPTNT Quy định cấp Giấy chứng nhận đủ điều kiện sản xuất, kinh doanh thuốc bảo vệ thực vật Hết hiệu lực 28/2010/TT-BCT Thông tư số 28/2010/TT-BCT Quy định cụ thể một số điều của Luật Hóa chất và Nghị định số 108/2008/NĐ-CP ngày 07 tháng 10 năm 2008 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật Hóa chất Hết hiệu lực 07/2013/TT-BCT Thông tư số 07/2013/TT-BCT Quy định việc đăng ký sử dụng hóa chất nguy hiểm để sản xuất sản phẩm, hàng hóa trong lĩnh vực công nghiệp Hết hiệu lực 85/2015/TT-BTC Thông tư số 85/2015/TT-BTC Quy định mức thu, chế độ thu, nộp và quản lý sử dụng phí, lệ phí trong hoạt động hóa chất Hết hiệu lực 09/2016/TT-BKHCN Thông tư số 09/2016/TT-BKHCN Quy định trình tự, thủ tục cấp giấy phép vận chuyển hàng nguy hiểm là các chất ô xy hóa, các hợp chất ô xít hữu cơ (thuộc loại 5) và các chất ăn mòn (thuộc loại 8) bằng phương tiện giao thông cơ giới đường bộ, đường sắt và đường thủy nội địa Hết hiệu lực 29/2011/TT-BYT Thông tư số 29/2011/TT-BYT Quy định về quản lý hóa chất, chế phẩm diệt côn trùng, diệt khuẩn dùng trong lĩnh vực gia dụng và y tế Hết hiệu lực 71/2015/QĐ-UBND Quyết định số 71/2015/QĐ-UBND Về việc Ban hành Quy chế phối hợp trong công tác quản lý nhà nước đối với hoạt động hóa chất ngành công nghiệp trên địa bàn tỉnh Bình Dương Hết hiệu lực 46/2016/QĐ-UBND Quyết định số 46/2016/QĐ-UBND Ban hành Quy định về hoạt động sản xuất, kinh doanh, sử dụng, tồn trữ và vận chuyển hóa chất nguy hiểm trên địa bàn Thành phố Hồ Chí Minh Còn hiệu lực 170/2016/TT-BTC Thông tư số 170/2016/TT-BTC Quy định mức thu, chế độ thu, nộp, quản lý và sử dụng phí, lệ phí trong hoạt động hóa chất Hết hiệu lực 31/2015/QĐ-UBND Quyết định số 31/2015/QĐ-UBND Ban hành Quy chế phối hợp quản lý nhà nước về hoạt động hóa chất trên địa bàn Thành phố Hồ Chí Minh Còn hiệu lực 28/2014/QĐ-UBND Quyết định số 28/2014/QĐ-UBND Về việc ban hành Quy chế phối hợp quản lý nhà nước về hoạt động hóa chất trên địa bàn tỉnh Ninh Bình Hết hiệu lực 12/2015/QĐ-UBND Quyết định số 12/2015/QĐ-UBND Ban hành Quy chế phối hợp ứng phó, khắc phục và giải quyết hậu quả sự cố hóa chất trên địa bàn tỉnh Tiền Giang Hết hiệu lực 37/2012/QĐ-UBND Quyết định số 37/2012/QĐ-UBND Về việc ban hành quy chế phối hợp trong công tác quản lý nhà nước đối với hoạt động hóa chất trên địa bàn tỉnh Bình Dương Hết hiệu lực 02/2014/QĐ-UBND Quyết định số 02/2014/QĐ-UBND Ban hành Quy chế phối hợp quản lý nhà nước đối với hoạt động hóa chất trên địa bàn tỉnh Hà Nam Còn hiệu lực 46/2016/QĐ-UBND Quyết định số Quyết định 46/2016/QĐ-UBND Ban hành Quy định về hoạt động sản xuất, kinh doanh, sử dụng, tồn trữ và vận chuyển hóa chất nguy hiểm trên địa bàn Thành phố Hồ Chí Minh Hết hiệu lực
Được dẫn chiếu bởi 10
08/2012/TT-BYT Thông tư số 08/2012/TT-BYT Hướng dẫn việc vận chuyển hàng nguy hiểm trong lĩnh vực y tế bằng phương tiện giao thông cơ giới đường bộ Hết hiệu lực 10/2013/CT-UBND Chỉ thị số 10/2013/CT-UBND Về việc tăng cường chỉ đạo và quản lý công tác bán đấu giá tài sản trên địa bàn tỉnh Bình Phước Hết hiệu lực 44/2012/TT-BCT Thông tư số 44/2012/TT-BCT Quy định Danh mục hàng công nghiệp nguy hiểm phải đóng gói trong quá trình vận chuyển và vận chuyển hàng công nghiệp nguy hiểm bằng phương tiện giao thông cơ giới đường bộ, đường sắt và đường thủy nội địa Hết hiệu lực 03/2013/TT-BNNPTNT Thông tư số 03/2013/TT-BNNPTNT Về quản lý thuốc bảo vệ thực vật Hết hiệu lực 42/2013/TT-BCT Thông tư số 42/2013/TT-BCT Quy định quản lý, kiểm soát tiền chất trong lĩnh vực công nghiệp Hết hiệu lực 52/2013/TT-BTNMT Thông tư số 52/2013/TT-BTNMT Quy định về vận chuyển hàng nguy hiểm và các chất độc hại, chất lây nhiễm Hết hiệu lực 08/2011/QĐ-UBND Quyết định số 08/2011/QĐ-UBND Về việc ban hành Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Văn phòng Ủy ban nhân dân tỉnh Quảng Trị Hết hiệu lực 01/2014/QĐ-TTg Quyết định số 01/2014/QĐ-TTg Về chế độ bồi dưỡng giám định tư pháp Còn hiệu lực 08/2011/QĐ-UBND Quyết định số 08/2011/QĐ-UBND Về việc công bố bộ thủ tục hành chính cấp tỉnh thuộc ngành Công Thương tỉnh Bình Phước Hết hiệu lực 10/2013/CT-UBND Chỉ thị số 10/2013/CT-UBND Về việc tăng cường công tác quản lý nhà nước đối với hoạt động hóa chất trên địa bàn tỉnh Tiền Giang Hết hiệu lực
108/2008/NĐ-CP
Decree No. 108/2008/ND-CP detailing and guiding the implementation of certain provisions of the Chemicals Law.
Expired
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