Clarifying the concept of chemicals requiring special control
The draft Law, after incorporating feedback and revisions, closely adheres to the objectives, viewpoints, and policies for drafting the Law and the conclusions of the Standing Committee of the National Assembly . It comprises 8 Chapters and 50 Articles, a reduction of 39 Articles compared to the draft Law submitted to the National Assembly at the 8th Session.
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| Representative La Thanh Tan - Deputy Head of the National Assembly Delegation of Hai Phong City |
Contributing his opinion on chemicals requiring special control and banned chemicals, Representative La Thanh Tan - Deputy Head of the National Assembly Delegation of Hai Phong City - stated that Chapter III (production and trading of chemicals) of the Chemical Law stipulates three categories of chemicals (including chemicals subject to conditional production and trading, chemicals with restricted production and trading, and banned chemicals).
Chemicals in these categories all require licensing and certification from the competent authority to ensure legal chemical handling processes.
However, Chapter III (Chemical Activities Management) of the draft amended Chemical Law is an equivalent replacement, and it introduces three concepts of chemicals: chemicals subject to conditional production and business, chemicals requiring special control, and prohibited chemicals.
Representative La Thanh Tan suggested that the drafting agency of the draft law should clarify whether the concept of chemicals requiring special control includes the list of restricted chemicals already stipulated in the current law.
Since currently, the certificates for the production and trading of restricted chemicals have been issued and are in effect, if the chemical requiring special control is of a different type, businesses need to go through the procedure of applying for a new license from scratch, which may cause disruption and affect the production and business operations of the enterprise.
At the same time, it is suggested that explanations of the terms: "Chemicals subject to conditional production and business," "Chemicals requiring special control," and "Prohibited chemicals" be added to Article 2 for greater completeness.
Regarding the management of new chemicals, Representative Ma Thi Thuy - Deputy Head of the National Assembly Delegation of Tuyen Quang province - said that the draft Law stipulates the requirement for annual reports within 5 years after registering new chemicals.
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| Representative Ma Thi Thuy – Deputy Head of the Standing Delegation of National Assembly Deputies of Tuyen Quang Province |
However, the draft law does not address the consequences of businesses failing to comply with legal regulations, nor its practical enforcement.
To ensure the law is strictly enforced, the representative suggested that the drafting agency consider entrusting the Government with the authority to specify detailed penalties for failure to submit annual reports.
Regarding safe distances, delegate Ma Thi Thuy proposed adding a regulation requiring large-scale chemical production facilities to build wastewater treatment systems, given the high toxicity of chemical production. She argued that simply requiring safe construction sites and chemical incident prevention and response plans is insufficient.
Regarding equipment and personnel for chemical incident response, the draft Law stipulates that response personnel at chemical facilities must regularly receive training and practice chemical incident response plans.
Delegates from Tuyen Quang province proposed specifying the number of training and practice sessions for chemical incident response plans, arguing that using the term "regularly" might make it difficult for authorities to conduct inspections and take action.
Furthermore, it is proposed that regulations be reviewed and supplemented regarding the responsibility for recalling and disposing of banned chemicals and substandard chemicals after they have been circulated on the market; and residual or stored chemicals at production and business establishments whose chemical business certificates or licenses have been revoked.
Agreement on the name of the Law and many of its provisions.
Concluding the conference, Vice Chairman of the National Assembly Le Minh Hoan affirmed that, through the discussions, the National Assembly delegates basically agreed with the explanations, revisions, and amendments to the draft Law prepared by the drafting agency and the reviewing agency for the conference.
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| Deputy Speaker of the National Assembly Le Minh Hoan delivered the concluding remarks at the conference. |
National Assembly delegates agreed on the name of the Law, which stipulates the strategy for developing the chemical industry and the responsibilities for developing and implementing the strategy, the use of chemicals, the registration of new chemicals, the management of new chemicals, provincial-level plans for preventing and responding to chemical incidents, and other contents.
In addition, delegates participated in discussions and proposed further review of regulations related to incentives for key chemical industries, chemical advertising, hazardous chemicals in products and goods; and the development of plans for preventing and responding to chemical incidents... These opinions were all expressed with great dedication and a high sense of responsibility.
Deputy Speaker of the National Assembly Le Minh Hoan requested the drafting agency, along with the reviewing agency, to continue thorough research to incorporate feedback, revise, and finalize the draft Law. He also requested the Government to take note and propose to the Standing Committee of the National Assembly and the National Assembly to consider and approve it in the upcoming session to ensure consistency among the draft laws.
| Deputy Speaker of the National Assembly Le Minh Hoan requested that the lead agency responsible for verification and the lead agency responsible for drafting coordinate with the Committee on Law and Justice and the Ministry of Agriculture and Environment to continue reviewing the draft, ensuring convenience for organizations, individuals, and businesses while also ensuring feasibility in implementation. |
Source: https://congthuong.vn/dai-bieu-gop-y-gi-ve-luat-hoa-chat-sua-doi-379909.html
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