by Thuy Dang
On February 5, 2020, the Vietnamese Government issued Decree No. 17/2020/ND-CP to amend several requirements for businesses that are under the management of the Ministry of Industry and Trade (MOIT). Chapter III of this newly issued Decree provides amendments to Vietnam’s implementation of the Chemical Weapons Convention and also the Law of Chemicals. These amendments became effective on March 22, 2020.
Amendment to the Management of Chemicals under the Chemical Weapons Convention (CWC)
Since 2014, Decree No. 38/2014/ND-CP and its amendments (Decree No. 77/2016/ND-CP and Decree No. 08/2018/ND-CP) provide the requirements for any activities relating to chemicals under the CWC, which are known as Schedule chemicals, DOC chemicals (distinct organic chemical consisting of Carbon except for its oxides, sulfides and metal carbonates) and DOC-PSF chemicals (distinct organic chemical containing one or more of the elements Phosphorus, Sulfur or Fluorine). With the issuance of Decree 17/2020/ND-CP, several articles were repealed or amended. A new article concerning the general requirements for producing chemicals identified in the Schedule or DOC and DOC-PSF chemicals was added to Decree No. 38/2014/ND-CP. For a consolidated version of the Decrees, refer to Consolidated Text No. 08/VBHN, 2020 issued on March 9, 2020.
Amendment to the Management of Chemicals under the Law of Chemicals
Decree No. 113/2017/ND-CP is a regulation under the Law of Chemicals that provides details for chemical management. Decree No. 17/2020/ND-CP includes two significant amendments to Decree No. 113/2017/ND-CP along with several wording changes.
Prior to these amendments, exemptions did not previously exist within Decree No. 113/2017/ND-CP. Clause 11 was added to Article 1 of Decree No. 113/2017/ND-CP to incorporate the following exemptions:
- Pharmaceuticals, germicidal and insecticidal preparations, cosmetics;
- Animal feeds, veterinary drugs, agrochemicals, organic fertilizers, biofertilizers, mixed chemical fertilizers, organic mineral fertilizers, bio-mineral fertilizers;
- Products used for preservation and processing of agricultural products, forestry products, fishery products and foods;
- Radioactive substances, building materials, paints, printing inks, household adhesives and cleaning products;
- Gasoline, oil; condensate and naphtha used for gasoline and oil processing.
The amendments also removed about 50 chemicals from Annex I – the list of conditional chemicals. Chemicals in Annex I are subject to additional requirements and conditions in order to be manufactured and used in Vietnam. For a consolidated version of the Decrees, refer to Consolidated Text No. 09/VBHN, 2020 issued on March 9, 2020.
Decree No. 17/2020/ND-CP provides additional amendments in other fields such as food, mineral trading, gas business, alcohol and tobacco businesses. Please refer to the references below for more details.
- Review the amendments and determine if they affect your products
- Review the new exemption cases for future purposes
References (in Vietnamese only)
Decree 17/2020/ND-CP Promulgating the Amendments to Some Articles of Decrees Related to Necessary Business Conditions in Fields under the Management of the Ministry of Industry and Trade http://vbpl.vn/tw/Pages/vbpq-van-ban-goc.aspx?dvid=13&ItemID=140944
Consolidated Text No. 08/VBHN, 2020 on the Management of Chemicals Governed by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction http://vbpl.vn/bocongthuong/Pages/vbpq-luocdo-hopnhat.aspx?ItemID=141171
Consolidated Text No. 09/VBHN, 2020 Specifying and Providing Guidelines for the Implementation of Certain Articles of the Law on Chemicals http://vbpl.vn/bocongthuong/Pages/vbpq-thuoctinh-hopnhat.aspx?ItemID=141170&View=0
Vietnam, Decree No. 17/2020/ND-CP, Decree No. 113/2017/ND-CP, Industrial Conditional Chemicals, Chemicals under Chemical Weapons Convention
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