Amendments to the Chemical Law: New Expectations

In addition to ensuring chemical security and safety, many expect the amended Chemical Law to bring about new changes in the Vietnamese economy .

The amended Chemical Law will reduce 5 groups of administrative procedures.

The draft Law on Chemicals (amended) has 89 articles and is structured into 9 chapters, including: Chapter I, General Provisions, comprising 8 articles (from Article 1 to Article 8); Chapter II, Development of the Chemical Industry, comprising 6 articles (from Article 9 to Article 14); Chapter III, Management of Chemical Activities, comprising 30 articles (from Article 15 to Article 44); Chapter IV, Chemical Information, comprising 11 articles (from Article 45 to Article 55); Chapter V, Hazardous Chemicals in Products and Goods, comprising 3 articles (from Article 56 to Article 58); Chapter VI, Chemical Safety, comprising 2 sections and 13 articles (from Article 59 to Article 71); Chapter VII, Environmental Protection and Community Safety, comprising 5 articles (from Article 72 to Article 76); Chapter VIII, State Management of Chemicals, comprising 10 articles (from Article 77 to Article 86); Chapter IX, implementing provisions, consists of 3 articles (from Article 87 to Article 89).

The draft Law on Chemicals (amended) stipulates 12 groups of administrative procedures. Photo: LA

According to Mr. Van Huy Vuong – Chemical Industry Development Department – ​​Chemical Department ( Ministry of Industry and Trade ): The draft Chemical Law (amended) closely follows the approved outline and the four policies submitted by the Government to the National Assembly, including: Sustainable development of the chemical industry into a foundational, modern industry; Integrated chemical management throughout the entire lifecycle; Management of hazardous chemicals in products; and Improvement of the effectiveness of chemical safety assurance.

Specifically, the draft Law on Chemicals (amended) also stipulates 12 groups of administrative procedures, including: 4 new groups of administrative procedures, 6 groups of amended and supplemented administrative procedures; and 2 groups of administrative procedures that remain unchanged. During the implementation of the Law on Chemicals (amended), 9 current groups of administrative procedures in the chemical sector will be abolished.

“Thus, although new administrative procedures will be added, the number of administrative procedures in the chemical sector will be reduced by 5 groups compared to the current number. These administrative procedures are being researched and developed with a focus on increasing decentralization, simplifying processes, and promoting the application of information technology. The draft amended Chemical Law also contains no provisions that create gender discrimination, and its content is compatible with relevant international treaties to which Vietnam is a signatory,” Mr. Van Huy Vuong informed.

The number of administrative procedures in the chemical sector will be reduced by 5 groups compared to the current number. Photo: VNC

New expectations for the chemical industry

Commenting on the amended Chemical Law, Mr. Do Thanh Bai, Chairman of the Voluntary Corporate Social Responsibility Council of Vietnamese Chemical Enterprises, stated that while the old Chemical Law addressed the issue of chemical management, the amended Chemical Law, currently being developed by the Chemical Department of the Ministry of Industry and Trade, takes a stricter and more comprehensive approach, adhering to the principle of managing chemicals throughout their product lifecycle.

According to Mr. Do Thanh Bai, the chemical lifecycle also includes the chemical trading stage. The 2007 Chemical Law established very strict procedures for the purchase and sale of chemicals, and this has been further strengthened in the amended Chemical Law.

"When we improve the processes and procedures for buying and selling chemicals, similar incidents like chemical poisoning cases can be managed," Mr. Do Thanh Bai stated.

Also discussing the new points in the amended Chemical Law, Mr. Do Thanh Bai stated that the 2007 Chemical Law only addressed the issue of chemical safety, and in the chemical trade, it only mentioned safety, that is, how to use chemicals safely, but it did not address the actions of chemical buyers with malicious motives, which is chemical security. Chemical security is not only about managing chemicals but also about managing social issues. Therefore, the amended Chemical Law addresses the issue of how to manage chemical safety and security in a more comprehensive way.

The amended Chemical Law also includes many new provisions and a very modern approach. The regulations are very strict, based on the experience of the 2007 Chemical Law, and therefore will yield more feasible results. However, regarding the content of chemical management throughout its lifecycle, Mr. Do Thanh Bai believes that chemicals are special products, unlike other goods that everyone uses, so management should focus on producers, buyers, and sellers. Accordingly, there is a need for regulations to manage the actions of those who buy and sell chemicals with malicious motives and a lack of knowledge about chemicals, potentially leading to misuse… The amended Chemical Law needs such a legal basis to effectively manage chemicals.

Mr. Do Thanh Bai argued that Vietnam's Chemical Law, like those of other countries, aims to control chemicals and chemical information before they are released to the market. Accordingly, chemical imports must be declared to state agencies, but the method of declaration needs to balance the interests of businesses with those of state management agencies. In reality, businesses also have their own trade secrets, and the declaration process could potentially reveal these secrets.

Accordingly, drawing on global experience, Mr. Do Thanh Bai proposed that factors businesses wish to keep "secret" but which affect public health and the environment should be declared, while chemicals present in a company's products that do not harm the community or the environment should be kept secret. This would harmonize the interests of both businesses and the community.

As for state management agencies, when receiving information from businesses, they must ensure that businesses believe that the information received by the state agency will be kept confidential. Only then will the new Chemical Law contribute to the development of businesses in particular and the economy in general.

Source: https://congthuong.vn/sua-doi-luat-hoa-chat-nhung-ky-vong-moi-356689.html