Circular No. 32/2017/TT-BCT provides detailed regulations and guidelines for implementing certain Articles of the Chemicals Law and Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain Articles of the Chemicals Law.

CIRCULARAMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 16/2025/TT-BCT DATED FEBRUARY 1, 2025 OF THE MINISTER OF INDUSTRY AND TRADE ON THE OPERATION OF THE COMPETITIVE WHOLESALE ELECTRICITY MARKET

Regulations on specific provisions and guidance for implementation of certain articles of the Chemicals Law and Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain articles of the Chemicals Law

of the Government detailing and guiding the implementation

of certain articles of the Chemicals Law

Pursuant to the Chemicals Law on November 21, 2007;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain articles of the Chemicals Law;

Pursuant to Decree No. 43/2017/NĐ-CP of April 14, 2017 of the Government on product labeling;

At the proposal of the Director of the Chemicals Administration;

The Minister of Industry and Trade issues this Circular to provide detailed regulations and guidance for the implementation of certain articles of the Chemicals Law and Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain articles of the Chemicals Law.

Article 1. Scope of Regulation and Applicability

1. This Circular provides guidance for implementation and specifies the following:

a) Responsibilities for performing administrative procedures related to chemical management in the industrial sector;

b) Types of forms that relevant organizations and individuals shall use during the process of preparing applications and reviewing, issuing, reissuing, amending Certificates of Conditions for Production and Business of Conditioned Chemicals in the Industrial Sector; Export and Import Permits for Industrial Precursors; Licenses for Production and Business of Restricted Chemicals in the Industrial Sector; preparing applications and reviewing, approving Plans for Prevention and Response to Chemical Incidents in the Industrial Sector; Control Purchase and Sale Forms for Toxic Chemicals; reporting forms in chemical activities;

c) Construction of Plans and Measures for Prevention and Response to Chemical Incidents in the Industrial Sector;

d) Classification and Labeling of Chemicals;

đ) Construction of Safety Data Sheets for Chemicals;

e) Declaration of Imported Chemicals;

g) Reporting System for Chemical Management in the Ministry of Industry and Trade.

2. This Circular 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 2. Interpretation of Terms

1. Chemical label is a written, printed, drawn, or photographed representation of letters, drawings, or images affixed, printed, attached, cast, engraved, or carved directly onto chemicals, commercial packaging of chemicals, or other materials attached to chemicals or commercial packaging of chemicals.

2. Labeling of chemicals is the act of displaying essential information about chemicals on the chemical label so that consumers can recognize, choose, consume, and use them; for manufacturers and traders to inform and promote their chemicals; and for competent authorities to conduct inspections and controls.

3. Original label of chemicals is the label first affixed by organizations or individuals producing chemicals onto chemicals or commercial packaging of chemicals.

4. Secondary label is the label displaying mandatory contents translated from the original label of chemicals into Vietnamese and supplemented with mandatory contents in Vietnamese according to Vietnamese laws that are missing from the original label of chemicals.

5. Commercial packaging of chemicals is packaging containing chemicals, circulating together with chemicals, and includes two types:

a) Direct packaging is packaging containing chemicals, directly contacting with chemicals, forming shapes or completely enclosing the shape of chemicals;

b) Outer packaging is packaging used to package one or more units of chemicals with direct packaging.

6. Date of production is the time mark completing the final processing stage to complete chemicals or a batch of chemicals.

7. Expiry date of chemicals is the usage time limit set for chemicals or a batch of chemicals beyond which the chemicals will not retain their inherent characteristics and quality. The expiry date of chemicals is expressed as a period from the date of production to the expiration date or as the month and year of expiration. In cases where the expiry date only shows the month and year, the expiry date is calculated until the last day of the expiration month.

9. Circulation of chemicals is the activity of exhibiting, promoting, transporting, and storing chemicals during the buying and selling process of chemicals, except for transportation of chemicals by organizations or individuals importing chemicals from customs checkpoints to storage warehouses.

Article 3. Implementation of administrative procedures for chemical management in the industrial sector

1. Issuance, reissuance, amendment, and revocation of Certificates of Eligibility for the production and business of conditionally permitted chemicals in the industrial sector.

a) For organizations and individuals producing chemicals, the Department of Industry and Trade of the province or centrally governed city where the production facility is located shall be the agency receiving applications, issuing, reissuing, amending, and revoking Certificates of Eligibility for the production of conditionally permitted chemicals in the industrial sector.

b) For organizations and individuals trading in chemicals, the Department of Industry and Trade of the province or centrally governed city where the organization or individual's business headquarters is located shall be the agency receiving applications, issuing, reissuing, amending, and revoking Certificates of Eligibility for the trade of conditionally permitted chemicals in the industrial sector. In cases where organizations and individuals trading in chemicals have storage facilities in other areas, the Department of Industry and Trade issuing the Certificate of Eligibility for Chemical Trading shall be responsible for sending copies of the application documents to the Department of Industry and Trade at the location of the chemical storage facility to seek their opinion. The Department of Industry and Trade at the location of the chemical storage facility shall be responsible for assessing the conditions of the storage facility and providing written opinions on compliance with storage conditions as stipulated in Decree No. 113/2017/NĐ-CP, which shall be sent to the Department of Industry and Trade at the location of the business headquarters for issuance of the Certificate of Eligibility. The Department of Industry and Trade issuing the Certificate of Eligibility for Chemical Trading shall be responsible for sending the issued Certificate to the Department of Industry and Trade at the location of the chemical storage facility for coordinated inspection and supervision.

c) For organizations and individuals trading in chemicals who simultaneously produce conditionally permitted chemicals in the industrial sector at the location of their business headquarters, the organization or individual shall prepare one set of application documents for the Certificate of Eligibility for the production and trade of conditionally permitted chemicals in the industrial sector, including the documents and materials specified in Clause 1 and Clause 2 of Article 10 of Decree No. 113/2017/NĐ-CP, and submit them to the Department of Industry and Trade at the location of their business headquarters.

2. The Chemicals Agency shall receive applications, issue, reissue, amend, extend, and revoke Permits for the export and import of industrial precursor chemicals.

3. The Chemicals Agency shall receive applications for Permits for the production and trade of restricted chemicals in the industrial sector from organizations and individuals, conduct reviews of the applications and on-site inspections. The Minister of Industry and Trade shall authorize the Director of the Chemicals Agency to issue, reissue, amend, and revoke Permits for the production and trade of restricted chemicals in the industrial sector.

4. The Chemicals Agency shall receive applications for the review and approval of Plans for the prevention and response to chemical incidents in the industrial sector from organizations and individuals, submit them to the leadership of the Ministry of Industry and Trade for the establishment of a Review Board, organize the review, and submit the Plans for the prevention and response to chemical incidents in the industrial sector to the leadership of the Ministry of Industry and Trade for consideration and approval.

5. The Chemicals Agency shall receive declarations of imported chemicals from organizations and individuals making declarations through the national single window portal, develop and implement plans for regular and spot inspections when necessary.

Article 4. Issuance of Forms

1. Issued in Appendix 1 are the forms for applications to issue, reissue, and amend the Certificate of Eligibility for Production and Business of Chemicals Subject to Conditions in the Industrial Sector; the Permit for Production and Business of Restricted Chemicals in the Industrial Sector:

a) Form 01a: Application form for issuance of the Certificate of Eligibility for Production and Business of Chemicals Subject to Conditions in the Industrial Sector;

b) Form 01b: Application form for reissuance of the Certificate of Eligibility for Production and Business of Chemicals Subject to Conditions in the Industrial Sector;

c) Form 01c: Application form for amendment of the Certificate of Eligibility for Production and Business of Chemicals Subject to Conditions in the Industrial Sector;

d) Form 01d: Application form for issuance of the Permit for Production and Business of Restricted Chemicals in the Industrial Sector;

đ) Form 01đ: Application form for reissuance of the Permit for Production and Business of Restricted Chemicals in the Industrial Sector;

e) Form 01e: Application form for amendment of the Permit for Production and Business of Restricted Chemicals in the Industrial Sector;

g) Form 01g: Declaration form for equipment, technology, labor protection, and safety facilities of chemical production and business establishments.

2. Issued in Appendix 2 are the forms for applications to issue, extend, reissue, and amend the Export and Import Permit for Industrial Precursors:

a) Form 02a: Application form for issuance of the Export and Import Permit for Industrial Precursors;

b) Form 02b: Application form for extension of the Export and Import Permit for Industrial Precursors;

c) Form 02c: Application form for reissuance of the Export and Import Permit for Industrial Precursors;

d) Form 02d: Application form for amendment of the Export and Import Permit for Industrial Precursors.

3. Issued in Appendix 3 are the forms used in the process of preparing applications and reviewing, approving the Plan for Prevention and Response to Chemical Incidents in the Industrial Sector:

a) Form 03a: Application form for review of the Plan for Prevention and Response to Chemical Incidents;

b) Form 03b: Decision on establishment of the Review Board;

c) Form 03c: Minutes of the Review Board Meeting;

d) Form 03d: Evaluation and Assessment Form;

đ) Form 03đ: Report on Explanation and Adoption of Review Opinions.

4. Issued in Appendix 4 is the Control Form for Purchase and Sale of Toxic Chemicals.

5. Issued in Appendix 5 are the forms for Reports in Chemical Activities:

a) Form 05a: Report on Chemical Activities (for organizations and individuals);

b) Form 05b: Report on Management and Chemical Activities (for Departments of Industry and Trade).

Article 5. Plan and Measures for Prevention and Response to Chemical Incidents in the Industrial Sector

1. The format, structure, and content of the Plan and Measures for Prevention and Response to Chemical Incidents shall be in accordance with the guidelines set out in Appendix 6 attached to this Circular.

2. For entities required to develop Measures for Prevention and Response to Chemical Incidents, within ten working days from the date of the Decision issuing the Measures, the investor shall submit one copy of the Decision and one volume of the Measures for Prevention and Response to Chemical Incidents to the Department of Industry and Trade of the province or city where the chemical project is located for supervision and management.

3. In cases where there are changes during investment and activities related to the contents stipulated in the approved Plan, organizations and individuals shall report to the Chemical Administration for guidance.

Article 6. Classification and Labeling of Chemicals

1. Organizations and individuals producing or importing chemicals shall have the obligation to classify and label chemicals, and shall be responsible under the law for the results of chemical classification and the information displayed on chemical labels.

2. The classification of chemicals shall be carried out according to the rules and technical guidelines of the Globally Harmonized System (GHS) from Version 2 in 2007 onwards. General guidance and criteria for classifying chemicals according to GHS are stipulated in Appendix 7 attached hereto.

3. Labeling of chemicals shall be carried out according to the guidelines set forth in Appendix 8 attached hereto. Chemical labels shall include the following contents:

a) Name of the chemical;

b) Chemical identification code (if applicable);

c) Warning symbols, warning phrases, hazard warnings (if applicable);

d) Precautionary measures (if applicable);

đ) Quantity;

e) Composition or quantified components;

g) Date of production;

h) Expiry date (if applicable);

i) Name and address of the organization or individual responsible for the chemical;

k) Origin of the chemical;

l) Usage and storage instructions.

4. The position of chemical labels shall be implemented as provided for in Article 4; secondary labels of chemicals shall be implemented as provided for in Clause 3 of Article 7 and Clauses 3 and 4 of Article 8 of Decree No. 43/2017/NĐ-CP of the Government on product labeling. In cases where the size of the chemical label is insufficient to display all mandatory contents, the contents specified in Points a, i, and k of Clause 3 of this Article must be recorded on the chemical label, while the remaining contents must be recorded in accompanying documentation, and the chemical label must indicate where these contents are recorded.

5. Warning symbols during transportation of dangerous chemicals are defined in Appendix 7 attached hereto.

Article 7. Construction of Safety Data Sheets for Chemicals

1. Organizations and individuals producing or importing dangerous chemicals as stipulated in Clause 1 of Article 24 of Decree No. 113/2017/NĐ-CP, before putting such chemicals into use or circulation in the market, shall construct Safety Data Sheets for chemicals including information as guided in Appendix 9 of this Circular and shall be responsible under the law for the contents of the Safety Data Sheets for chemicals.

2. Organizations and individuals must retain Safety Data Sheets for all dangerous chemicals within their premises and ensure that all parties related to dangerous chemicals are provided with Safety Data Sheets for those dangerous chemicals.

Article 8. Guidelines for Import Declaration of Chemicals

1. Organizations and individuals importing chemicals must declare and be responsible for submitting import declarations for chemicals prior to clearance through the National Single Window Portal.

2. Immediately after the customs declaration reaches a cleared status, Customs will feedback to the Ministry of Industry and Trade's system the information including the declaration code and other information as specified in Appendix 10 attached hereto.

3. Import declaration for chemicals shall not apply to organizations and individuals purchasing chemicals within the territory of Vietnam.

4. When there is a notification of an incident, organizations and individuals may submit import declarations for chemicals through the backup system. Organizations and individuals must be responsible under the law for the information declared through the backup system as when submitted through the National Single Window Portal as stipulated in Clause 6 of Article 27 of Decree No. 113/2017/NĐ-CP.

Article 9. Reporting System

1. Reporting Requirements of Organizations and Individuals

a) Before January 15 each year, organizations and individuals operating in the chemical industry sector shall be responsible for reporting a summary of the previous year's chemical activities according to Form No. 05a prescribed in Appendix 5 of this Circular to the Department of Industry and Trade of the province or centrally-administered city where the chemical activities are conducted for consolidation and management, and simultaneously send it to the Chemical Administration Bureau;

b) After the national chemical database system is completed, the periodic reporting requirements stipulated in point a of this clause shall be implemented through the national chemical database system;

c) Organizations and individuals operating in the chemical industry sector shall be responsible for reporting sudden changes in chemical activities when incidents occur during chemical operations or when ceasing chemical activities to the Department of Industry and Trade where the organization or individual conducts chemical activities, and upon request of the competent authority.

2. Before January 20 each year, the Department of Industry and Trade of the province or centrally-administered city shall be responsible for reporting chemical management work and summarizing the situation of chemical activities of organizations and individuals under its jurisdiction according to Form No. 05b prescribed in Appendix 5 of this Circular to the Chemical Administration Bureau.

3. Upon request, agencies and units assigned responsibilities under Article 10 of this Circular shall be responsible for reporting chemical management work according to their functions and tasks, and send it to the Chemical Administration Bureau for consolidation.

Article 10. Responsibilities of Departments and Bureaus under the Ministry of Industry and Trade, Provincial Departments of Industry and Trade, and Market Management Forces

1. The Chemicals Bureau is the lead agency of the Ministry of Industry and Trade responsible for managing chemical activities. The Chemicals Bureau shall take the lead and coordinate with relevant agencies and units to implement management tasks within the scope of responsibility of the Ministry of Industry and Trade:

a) Drafting and submitting to competent authorities for promulgation legal normative documents on chemical management; strategies, programs, projects, plans, mechanisms, and policies for developing the chemical industry; technical standards and regulations specific to chemicals;

b) Organize propaganda, dissemination, and guidance on legal provisions regarding chemical management;

đ) Conducting inspections, audits, handling complaints and denunciations, and dealing with violations within its authority in chemical activities;

2. The Bureau of Industrial Safety and Environmental Technology shall guide, inspect, and audit the implementation of safety technology in hazardous chemical activities in the industrial sector;

3. The Bureau of E-commerce and Digital Economy shall take the lead and coordinate with the General Customs Department to maintain the electronic system of the Ministry of Industry and Trade through the National Single Window Portal;

4. The General Market Surveillance Administration shall guide and direct market surveillance forces to conduct inspections, audits, and handle violations of laws in chemical activities according to regulations;

5. Provincial Departments of Industry and Trade directly under the Central Government shall be responsible for:

a) Managing and supervising chemical activities within their jurisdiction;

b) Implementing administrative procedures as stipulated in Clause 1 of Article 3 of this Circular;

c) Taking the lead and coordinating with relevant agencies to organize publicity, dissemination, and provide guidance on laws related to chemical management within their jurisdiction;

d) Conducting inspections, audits, handling complaints and denunciations, and dealing with violations concerning chemical activities within their jurisdiction according to regulations;

đ) Supervising the implementation of regulations regarding conditions for producing and trading chemicals, Plans, Measures to Prevent and Respond to Chemical Accidents, and chemical safety training for organizations and individuals engaged in chemical activities within their jurisdiction;

e) Performing tasks assigned under the Chemical Law, Decree No. 113/2017/ND-CP, and other tasks related to chemical activities assigned or delegated;

Article 11. Transitional Provisions

1. Pre-existing Prevention and Response Plans for Chemical Accidents that have been reviewed or confirmed by competent authorities before the effective date of this Circular shall continue to be implemented;

2. Chemicals produced or imported and classified or labeled for use and circulation on the market before the effective date of this Circular may continue to circulate until the end of the batch;

3. Transitional Provisions for Production and Trading Licenses for Restricted Chemicals, Certificates of Compliance for Conditions for Producing and Trading Conditioned Chemicals

a) Organizations and individuals who were issued Certificates or Licenses by competent authorities prior to the effective date of Decree No. 113/2017/ND-CP may continue to operate until the expiration of such Certificates or Licenses;

b) If Certificates or Licenses issued prior to the effective date of Decree No. 113/2017/ND-CP need to be amended or supplemented before their expiration or if they expire but the organization or individual continues to engage in chemical production and trading, then new Certificates or Licenses shall be issued according to the provisions of Decree No. 113/2017/ND-CP;

c) For conditioned chemicals in the industrial sector as prescribed by Decree No. 113/2017/ND-CP which are not included in the List of Chemicals specified in Appendix 1 of Circular No. 28/2010/TT-BCT dated June 28, 2010, and restricted chemicals in the industrial sector as prescribed by Decree No. 113/2017/ND-CP which are not included in the List of Chemicals specified in Appendix 2 of Decree No. 26/2011/NĐ-CP dated April 8, 2011, organizations and individuals must meet all required conditions, prepare application files, and request issuance of Certificates or Licenses within six months from the effective date of this Circular;

Article 12. Effective Date

1. This Circular takes effect from the date of issuance.

2. When legal normative documents cited in this Circular are amended, supplemented, or replaced, the new provisions shall apply;

3. This Circular replaces and abolishes:

a) Circular No. 01/2006/TT-BCN dated April 11, 2006, issued by the Minister of Industry guiding the management of export and import of toxic chemicals, products containing harmful chemicals, drug precursors, and chemicals subject to specialized management by the Ministry of Industry according to technical standards;

b) Decision No. 40/2006/QĐ-BCN dated December 1, 2006, issued by the Minister of Industry supplementing the List of Prohibited Export and Import Chemicals issued together with Decision No. 05/2006/QĐ-BCN dated April 7, 2006, of the Ministry of Industry on announcing the List of Prohibited Export and Import Chemicals;

c) Circular No. 28/2010/TT-BCT dated June 28, 2010, issued by the Minister of Industry and Trade detailing certain provisions of the Chemical Law and Decree No. 108/2008/NĐ-CP dated October 7, 2008, of the Government detailing and guiding the implementation of certain provisions of the Chemical Law;

d) Circular No. 18/2011/TT-BCT dated April 21, 2011, issued by the Minister of Industry and Trade supplementing and abolishing administrative procedures at Circular No. 28/2010/TT-BCT detailing certain provisions of the Chemical Law and Decree No. 108/2008/NĐ-CP detailing and guiding the implementation of certain provisions of the Chemical Law;

đ) Circular No. 40/2011/TT-BCT dated November 14, 2011, issued by the Minister of Industry and Trade on chemical declaration;

e) Circular No. 04/2012/TT-BCT dated February 13, 2012, issued by the Minister of Industry and Trade on classifying and labeling chemicals;

g) Circular No. 07/2013/TT-BCT dated April 22, 2013, issued by the Minister of Industry and Trade on registering the use of dangerous chemicals for production of products and goods in the industrial sector;

h) Circular No. 20/2013/TT-BCT dated August 5, 2013, issued by the Minister of Industry and Trade, regarding Chemical Accident Prevention Plans and Measures;

i) Article 6, Article 7, Clause 1 and Clause 2 of Article 9, Article 10, Article 11, Article 12, Article 14, and Article 18 of Circular No. 42/2013/TT-BCT dated December 31, 2013, issued by the Minister of Industry and Trade, on the management and control of precursor chemicals in the industrial sector;

k) Circular No. 36/2014/TT-BCT dated October 22, 2014, issued by the Minister of Industry and Trade, on chemical safety training and issuance of the Chemical Safety Training Certificate;

l) Article 1, Article 2, Article 3, and Article 4 of Circular No. 06/2015/TT-BCT dated April 23, 2015, issued by the Minister of Industry and Trade, amending and supplementing certain circulars of the Ministry of Industry and Trade concerning administrative procedures in the chemical, power, and commodity trading exchange sectors;

m) Article 2 and Article 3 of Circular No. 04/2016/TT-BCT dated June 6, 2016, issued by the Minister of Industry and Trade, amending and supplementing certain circulars of the Minister of Industry and Trade concerning administrative procedures in the e-commerce, chemical, alcohol production and business, franchising, commodity trading exchange, energy, food safety, and power sectors;

n) Clause 1 of Article 4, Article 5 of Circular No. 27/2016/TT-BCT dated December 5, 2016, issued by the Minister of Industry and Trade, amending, supplementing, and abolishing certain regulatory legal documents concerning investment and business conditions in certain sectors under the management of the Ministry of Industry and Trade.

4. During implementation, if there are difficulties or issues arising, organizations and individuals should report them to the Ministry of Industry and Trade for study and resolution./.