Amendment of Chemical Law is necessary
Reporting to the National Assembly , Minister Nguyen Hong Dien said: Implementing the Law on Promulgation of Legal Documents and Resolution No. 41 dated December 18, 2023 of the National Assembly Standing Committee, on July 30, 2024, the Government submitted Submission No. 371 and Summary Submission No. 372 along with the draft Law on Chemicals (amended) to the National Assembly. Accordingly, the Law on Chemicals was passed by the National Assembly on November 21, 2007. After 16 years of implementation, the Government found that: Compared to the time of promulgation, the current legal system has changed a lot; the Party and the State have issued many major policies and guidelines related to the chemical sector; many new related Laws have also been issued or amended and supplemented by the National Assembly. Along with that, Vietnam has joined many free trade agreements and a number of new international conventions and treaties on chemical management. On the other hand, law enforcement practice also shows that some provisions of the current Chemical Law have revealed shortcomings and difficulties, and are no longer suitable to the actual situation.
Therefore, according to the Minister, amending the Law on Chemicals is necessary to promptly institutionalize the Party's new guidelines and policies in the chemical field and overcome some difficulties and shortcomings of the current Law, ensuring the synchronization and unity of the legal system, in accordance with the current domestic and international context and international commitments that Vietnam has participated in.
Regarding the purpose and viewpoint of the Law, Minister Nguyen Hong Dien said that the Law on Chemicals (amended) is being built to promptly and fully institutionalize the Party's guidelines and policies on the development of the chemical industry. Comprehensively and synchronously amend the provisions of the Law on Chemicals in the direction of ensuring the inheritance of "ripe, clear, agreed upon by the majority and verified in practice" provisions; abolishing provisions that are no longer suitable, causing difficulties and obstacles; supplementing and developing provisions of a principled and fundamental nature suitable to the new situation, associated with promoting decentralization, delegation of powers, reforming administrative procedures and selectively absorbing international experience.
“ This draft Law does not contain any content contrary to the Constitution, does not contain policies contrary to the Party's guidelines and policies, or the State's laws and policies; does not contain group or local interests, and ensures compatibility with international treaties/commitments to which Vietnam is a member,” the Minister emphasized.
Regarding the process of drafting the Law, the Minister also said that the process of drafting the Law on Chemicals (amended) was carried out in accordance with the provisions of the Law on Promulgation of Legal Documents. The drafting agency organized many seminars, solicited opinions from experts, scientists , practitioners, affected subjects and public opinions to study, absorb and complete the draft Law and related documents, report to the Government for unanimous approval, and submit to the National Assembly in Submission No. 371, dated July 30, 2024.
The draft Law on Chemicals (amended) has been thoroughly examined by the Committee on Science, Technology and Environment and agencies of the National Assembly; the Standing Committee of the National Assembly has discussed and given opinions.
Based on the conclusions of the National Assembly Standing Committee and the review opinions of the Committee on Science, Technology and Environment, the Government has assigned the Ministry of Industry and Trade to review and revise reports and documents in the dossier of the Chemicals Law Project (amended), including: Policy impact assessment report; Report on integrating gender equality issues in the Law project; Administrative procedure assessment report; Supplementing explanatory content, assessment, and data to deepen the contents of interest. Regarding the Submission and the draft Law, the content is kept the same as Submission No. 371 dated July 30, 2024 of the Government submitted to the National Assembly for discussion and comments at this Session.
Stick to 4 major policies
Regarding the structure and basic content of the draft Law, Minister Nguyen Hong Dien said: The draft Law on Chemicals (amended) closely follows the four major policies agreed upon by the Government to submit to the National Assembly for approval, including: Sustainable development of the chemical industry into a modern, fundamental industry; Synchronous chemical management throughout the entire life cycle; Management of hazardous chemicals in products; Improving the effectiveness of ensuring chemical safety.
The Draft Law consists of 09 chapters and 89 articles (1 chapter less and 18 articles more than the current Chemical Law).
“ The increase in articles and clauses in the draft Law is mainly and essentially new regulations on the development of the chemical industry, management of hazardous chemicals in products and clearly defining the responsibilities of ministries and branches in chemical management, ” the Minister shared.
According to the Minister, due to the need to comprehensively and synchronously amend the Chemical Law, the Government will submit the draft Law to the National Assembly for comments at this Session and consider and approve it at the next Session.
“ After this session, based on the discussion opinions of the National Assembly Deputies and the conclusion of the National Assembly Standing Committee, the Government will direct the Ministry of Industry and Trade to preside over and coordinate with relevant agencies to continue researching, absorbing, revising, supplementing and perfecting the Draft Law on Chemicals (amended), ensuring full institutionalization of the Party's viewpoints and policies in the chemical sector. At the same time, review and handle conflicts, overlaps and inadequacies (if any) with other laws to ensure the consistency, unity and feasibility of the legal system, in line with the current domestic and international context and compatible with international treaties and conventions on chemicals that Vietnam participates in, in order to promote the effective and sustainable development of the chemical industry" - Minister Nguyen Hong Dien emphasized.
The Draft Law consists of 09 chapters and 89 articles (1 chapter less and 18 articles more than the current Law on Chemicals). Specifically as follows: Chapter I. General provisions, including 8 Articles. Main contents are: Scope of regulation; Subjects of application; Prohibited acts in chemical activities. Chapter II. Development of the chemical industry, including 6 Articles. Main contents are: Strategy for development of the chemical industry; Specific requirements for chemical projects; Special investment incentive mechanisms for key chemical industry sectors. Chapter III. Management of chemical activities, including 30 Articles, is divided into 4 Sections. Main contents are: General regulations for chemical activities; Regulations on Conditional Chemicals; Regulations on Chemicals requiring special control; Regulations on Prohibited Chemicals. The regulations in this Chapter aim to manage activities throughout the entire life cycle, from production, import to use and disposal of chemicals. Chapter IV. Chemical information, including 11 Articles. The content of this Chapter basically inherits the provisions of the current Chemical Law on: Registration, assessment, management of new chemicals; Chemical information, information security and Chemical database. The application of the above provisions has been stable, consistent with practice and relevant legal provisions. The draft Law only stipulates more specifically the responsibility to provide, retain and update information on classification of hazardous properties of chemicals and chemical safety data sheets. Chapter V. Hazardous chemicals in products, including 3 Articles. This is a newly added Chapter to clearly define the responsibilities of the sector management ministries in declaring hazardous chemicals in products that do not have technical regulations; Organizations and individuals producing products containing hazardous chemicals must develop chemical management processes; Responsibility for publishing information on the Chemical Database of organizations and individuals producing and importing products containing hazardous chemicals. The above regulations are built towards transparent information to the public, without creating administrative procedures. Chapter VI. Chemical safety, including 13 Articles, divided into 2 Sections. Main contents are: Requirements for ensuring safety in chemical activities and Prevention and response to chemical incidents. Chapter VII. Environmental protection and community safety, including 5 Articles. The content of this Chapter basically inherits the provisions of the current Law on Chemicals because it has been implemented stably, in accordance with practice and the provisions of the Law on Environmental Protection 2020. Chapter VIII and Chapter IX. Regulations on implementation, including 13 Articles. Main contents on: State management responsibilities in the chemical sector and Implementation provisions. |
Source: https://moit.gov.vn/tin-tuc/hoat-dong/hoat-dong-cua-lanh-dao-bo/bo-truong-nguyen-hong-dien-bao-cao-truoc-quoc-hoi-ve-du-thao-luat-hoa-chat-sua-doi-.html
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