Vietnam Regulatory News

On October 10, 2024, the Minister of Industry and Trade (MOIT) officially issued Amendment 1:2024 QCVN 05A:2020/BCT, which amends the National Technical Regulation on Safety in Production, Commerce, U...

On October 10, 2024, the Minister of Industry and Trade (MOIT) officially issued Amendment 1:2024 QCVN 05A:2020/BCT, which amends the National Technical Regulation on Safety in Production, Commerce, Use, Storage, and Transportation of Hazardous Chemicals (QCVN 05A: 2020/BCT), through Circular No. 19/2024/TT-BCT. The amendment, developed by the Drafting Team to address practical challenges in hazardous chemical management, was evaluated by the Ministry of Science and Technology and approved by the Vietnam Chemicals Agency. 

Background on QCVN 05A: 2020/BCT and Amendment Process 

The management of chemical activities in Vietnam has generally improved since December 21, 2020, when Circular No.48/2020/TT-BCT promulgated QCVN 05A: 2020/BCT. However, the practical implementation has shown that some of the provisions are incorrect or impractical, thus necessitating the amendment. 

After consulting on a proposed amendment to the National Technical Regulation, MOIT submitted it to the Vietnam Chemicals Agency for approval on March 22, 2024. Only a few of the provisions of QCVN 05A:2020/BCT were amended in Amendment 1:2024. The remaining elements of QCVN 05A:2020/BCT, which was issued in conjunction with the Minister of Industry and Trade's Circular No. 48/2020/TT-BCT on December 21, 2020, are retained. 

Key Provisions and Compliance Deadlines 

This Circular comes into force on April 15, 2025. All factories and warehouses containing hazardous chemicals that are put into operation before April 15, 2025, must meet the requirements laid down in Amendment 1:2024 QCVN 05A:2020/BCT by April 15, 2026, at the latest. 

Appropriate leak and spill warning devices must be installed in factories and warehouses handling hazardous chemicals in liquid and gaseous form. Surveillance cameras are required for solid poisons. Hazardous gas collection and treatment equipment or automatic sprinklers must be installed to respond to accidents involving hazardous substances that can be released into the environment in gas form. 

Chemical collecting systems are required in factories and warehouses containing liquid corrosive chemicals. The minimum capacity of the collecting system must be at least 110% of the capacity of the largest container. Water-reactive chemicals must be placed on pedestals or racks at least 0.3 m above the ground. The storage capacity of the dike system must be at least 110% of the capacity of the largest container. 

Safety Measures for Incident Response 

Every individual in the vicinity of a fire or explosion incident is required to wear personal protective equipment (PPE) in order to assist in victim rescue and incident response. Participation in incident response is prohibited for those without personal protective equipment to ensure safety. Additionally, the amendment requires the use of personal protective equipment (PPE) in the event of a fire or explosion. 

For more details, see Circular No. 19/2024/TT-BCT here. 

On 21 November 2024, the two-year grace period for cosmetic products to comply with the updated ASEAN Cosmetic Directive (ACD) ended. The updates were introduced during the 36th ASEAN Cosmetic Committ...

On 21 November 2024, the two-year grace period for cosmetic products to comply with the updated ASEAN Cosmetic Directive (ACD) ended. The updates were introduced during the 36th ASEAN Cosmetic Committee (ACC) meeting and its related sessions in November 2022. Products that do not meet the updated standards must be withdrawn immediately. The amendments reflect the ASEAN region’s approach to aligning with global safety standards and protecting the health of consumers in its 10 member states.

Key Updates to the ACD

• Annex II – List of substances which must not form part of the composition of cosmetic products

A consolidated list of 37 substances previously banned in the EU, has been added to Annex II of the ACD. These include entries from EU regulations (2019/831, 2019/1966, 2021/850, 2021/1902) that are not currently used in ASEAN countries. Specific compounds such as perboric acid, sodium perborate, boron compounds, octamethylcyclotetrasiloxane (D4), and p-BMHCA have also been included in Annex II.

• Titanium Dioxide Regulation

Revised safety criteria for the use of titanium dioxide as a colouring agent (Annex IV) and as a UV filter (Annex VII) have been adopted as per EU standards.

• Salicylic Acid Regulation

New limits have been introduced for salicylic acid in the Restricted Substance List (Annexes III) and in the Preservatives list (Annex VI), used in body creams, lotions, and other specific applications.

Implications for Industry

Cosmetic manufacturers, traders, and distributors were granted a two-year grace period to reformulate, test and phase out non-compliant products. With the end of this period concluded, compliance is now mandatory, ensuring that products meet updated safety requirements.

Detailed guidelines for compliance can be found here.

On August 1, the Committee on Science, Technology, and Environment held a workshop at the National Assembly Office Headquarters, to provide input on the updated draft Law on Chemicals. Le Quang Huy, t...

On August 1, the Committee on Science, Technology, and Environment held a workshop at the National Assembly Office Headquarters, to provide input on the updated draft Law on Chemicals. Le Quang Huy, the Committee Chairman, presided over the workshop. As a result, a wealth of information was provided, including how the chemical industry is developed, managed, and used to ensure compliance with existing laws and standards. 

Conference Participants 

The workshop was attended by members of many National Assembly committees, as well as representatives of the Nationality Council and the Committee on Science, Technology, and the Environment.. Mr. Phung Manh Ngoc, Director of the Chemical Department (Ministry of Industry and Trade), delegates, specialists, and scientists, as well as representatives from several other key ministries and branches, were present on the side of the drafting agency of the Chemical Law project. 

Scope of the Updated Law 

The updated Law on Chemicals covers agencies, organizations, and individuals involved in chemical activities within the borders of the Socialist Republic of Vietnam; Vietnamese organizations and individuals; foreign organizations and individuals involved in chemical activities; and individuals investing in and building chemical projects. 

Key Objectives  

Based on political, legal, and practical considerations, the Government suggests to amend the 2007 Law on Chemicals in order to: ensure legal consistency; comply with international treaties to which Vietnam is a party; overcome obstacles and shortcomings in the implementation of the 2007 Law on Chemicals; and concretize the Party’s guidelines on the development of the chemical industry as a fundamental industry that meets the demand for basic manufacturing supplies of the economy and serves industrialization and modernization of the nation. 

The 89 articles that make up the updated draft Law on Chemicals are divided into 10 chapters. The regulatory scope of the Law covers chemical activities, industry development, items containing hazardous chemicals, chemical activity safety, rights and obligations of organizations and individuals engaged in chemical activities, and state administration of chemicals. 

On June 11, 2024, Vietnam promulgated Decision No. 496/QD-TTg, establishing a national plan for the management and removal of restricted substances that deplete the ozone layer and greenhouse gases, w...

On June 11, 2024, Vietnam promulgated Decision No. 496/QD-TTg, establishing a national plan for the management and removal of restricted substances that deplete the ozone layer and greenhouse gases, which took effect immediately upon its announcement. 

Commitment to International Protocols 

The study of ozone levels is critical for human activities and manufacturing worldwide. Vietnam is preparing to approve its membership of the Montreal Protocol on Substances that Deplete the Ozone Layer and the Vienna Convention for the Protection of the Ozone Layer. This includes the implementation of the 19th Project, which focuses on substances that deplete ozone levels and their complete regulations, policies, phase-out and control. 

Classification and Regulation 

The Montreal Protocol classifies substances and compounds into two main categories:  

1. Products and substances, machinery and materials from the production, import, export and consumption, gathered, such as methyl chloroform, carbon tetrachloride (CTC), halon, hydrobromofluorocarbons (HBFCs), bromochloromethane and chlorofluorocarbons (CFCs).  

2. Conditions of control and detergents. 

Only methyl bromide is imported for use in accordance with the licence; export goods' translation and sterilization; hydrofluorocarbons (HFCs) substances are only imported in accordance with the quota distributed in accordance with ten regulations in 2024; hydrochlorofluorocarbon (HCFC) substances are only imported in accordance with strict quality standards, classified according to ten regulations, and used for import and export in 2040. 

Consumption Targets 

Hydrochlorofluorocarbons (HCFCs): By December 31, 2024, national consumption will not exceed 2,600 tonnes per year, representing a 35 % decrease in consumption relative to the base consumption. 

Hydrofluorocarbons (HFCs): Between 2024 and 2029, the country's total consumption should not exceed 14.0 million tonnes of CO2 equivalent or the baseline consumption level. 

Objectives 

The objective is to make a good faith commitment to refrain from producing, importing, exporting, or using waste materials; goods and machinery made from or containing chemicals such as phenol chloroform, cyclohexane, halon, HBFC, methyl chloroform, HCFC 141 b, and HCFC-141 b in polyol products; import and export of other HCFC compounds not to exceed 2040. Methyl bromide should be used specifically for antibacterial and anti-inflammatory applications. Reduce HFC emissions by 20% by 2045 and keep the reduction going.

On March 27, 2024, the Vietnamese Ministry of Industry and Trade (MoIT) released Decree 33/2024/ND-CP implementing the Convention on the Prohibition of the Development, Production, Stockpiling and Use...

On March 27, 2024, the Vietnamese Ministry of Industry and Trade (MoIT) released Decree 33/2024/ND-CP implementing the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. This new Decree which entered into force on May 19, 2024, replaces the previous Decree 38/2014/ND-CP. 

Scope and Application 

The Decree applies to entities and individuals involved in or associated with the implementation of the Chemical Weapons Convention (CWC) within the territory of the Socialist Republic of Vietnam. 

Implementation Requirements: The CWC must be implemented in accordance with this Decree and other relevant legal provisions.  

Prohibited and Permitted Activities: Prohibited behaviors and non-prohibited goals must be in accordance with Clause 1, Article 1 and Clause 9, Article 2 of the CWC. 

Key Definitions in the Decree 

"Schedule Chemicals" means toxic chemicals and precursors that are controlled under the CWC and are classified as Category 1, 2, 3 chemicals in accordance with the criteria of the Chemical Annex of the CWC. Schedule chemicals include listed chemicals and mixtures containing listed chemicals. 

A "Discrete Organic Chemical" (DOC) is defined in the CWC as any carbon compound, other than oxides, sulfides, and metal carbonates. These compounds are identifiable by their chemical name, structural formula (if known), and Chemical Abstracts Service (CAS) registry number (if assigned). A "DOC-PSF chemical" is a DOC containing one or more of the elements phosphorus, sulfur, or fluorine. 

“Storage" of a Schedule Chemical as defined in the CWC, means the storage, preservation of unused or undiminished Schedule Chemicals in special storage facilities, tanks and containers at a chemical facility. 

A "Chemical Facility" is a place where chemicals governed by the CWC are produced, processed, consumed, and stored. A Chemical Facility may consist of one or more factories or stand-alone production lines.  

Chemical Facilities are classified as follows: DOC, DOC-PSF chemical facilities; Schedule 1, Schedule 2, and Schedule 3 facilities. 

Classification of Chemical Facilities 

• Schedule 1 Facilities: Capable of producing, processing, consuming, or storing substances classified as Schedule 1. These facilities are further subdivided into various facilities and individual small-scale facilities. 

• Schedule 2 Facilities: Support activities using Schedule 2 chemicals in their manufacturing, processing, or consumption. 

• Schedule 3 Facilities: Capable of producing chemicals under Schedule 3. 

• DOC and DOC-PSF Facilities: Allow for the manufacture of DOC and DOC-PSF compounds. 

Main Revision to the Decree   

These are the main changes to the Decree:  

• The definition of schedule chemicals has been clarified. 

• Schedule chemicals subject to the Decree have been added or removed. 

• Provisions on the production of chemicals regulated under the Chemical Weapons Convention have been amended. 

• New provisions on exemptions from obtaining trade licences and import/export permits based on concentration thresholds have been introduced. Import and export licenses for Schedule 2 and Schedule 3 chemicals are exempted if the content of these chemicals is below 1%. 

• New provisions on the processing and use of regulated chemicals have been introduced. 

• Deadlines for the submission of various reports have been harmonized. Regulations concerning reports on Schedule Chemicals, DOC, DOC-PSF chemicals under Point c Clause 2 of Articles 23, 24, 25, and 26 hereof submitted via National Chemical Database will enter into force on February 15, 2025. 

Vietnam's main chemical management law, the Law on Chemicals, has a draft update that has been finalized by the Ministry of Industry and Trade (MOIT). MOIT is currently seeking input on the proposed r...

Vietnam's main chemical management law, the Law on Chemicals, has a draft update that has been finalized by the Ministry of Industry and Trade (MOIT). MOIT is currently seeking input on the proposed revisions. 

Background on the Law on Chemicals 

The 12th National Assembly, in its second session, passed the Law on Chemicals No. 06/2007/QH12 on November 21, 2007. It became operative on July 1, 2008, institutionalizing, implementing, and expeditiously concretizing the principles and policies of the Party and the State. The enactment of the Law on Chemicals is a significant turning point in the process of formalizing and establishing a national legal corridor for chemical-related activities. 

Current Amendments 

On March 7, MOIT stated that the Ministry's Department of Chemicals should work with the Department of Legal Affairs and other relevant agencies to make further changes to the draft before it is published,. A drafting board and editorial team would be established, MOIT advised, to urgently organise the implementation of the law. 

The Ministry plans to propose an amended draft law at the eighth session of the 15th National Assembly in October 2024, which it hopes will be passed at the ninth session in May 2025. 

Policy development Objectives 

• Create a legal framework that supports the growth of the chemical sector in line with the Party's Ten-Year Socio-Economic Development Strategy, which outlines its goals and directions for 2021–2030. 

• Pay attention to the growth of a number of basic industries, such as energy, mechanical engineering, metallurgy, and chemistry, to meet the economy's needs for basic production materials. 

• Consider the prudent, cost-effective, efficient, and long-term management, utilization, and accumulation of resources. 

• Consider the preservation of the quality of life and public health as primary objectives. 

• In order to "build a green, circular, environmentally friendly economy" and preserve biodiversity and ecosystems, the Party must resolutely reject projects that pollute the environment. This will further consolidate the Party's leadership in chemical management and the chemical industry. 

• Establish a framework of legal documents to stabilize the management of basic chemical activities in the coming years. 

• Align the legal framework for chemical management with international standards to encourage investment from multinational companies and big chemical companies that can expand their operations in Vietnam by utilizing technology, cutting-edge management techniques, and high-value products. This will also help Vietnamese companies to engage in international trade by providing favourable conditions. 

Compared to the 2007 Chemical Law, the draft has one additional chapter and 24 articles, bringing the total to 11 chapters and 95 articles. 

Evaluating the policy impact:  

The following issues will be assessed by the Ministry of Industry and Trade: 

Policy 1: The sustainable growth of the chemical industry as a key sector today. 

Policy 2: Coordinated management of chemicals throughout their life cycle. 

Policy 3: Management of hazardous chemical in products. 

Policy 4: Increasing effectiveness in ensuring the safety of chemicals. 

The Ministry of Industry and Trade analyses each policy using the following procedure: 

1. Identification of the problem (explaining the current state of the problem and examining its causes, effects, and implications). 

2. Aim of the problem solution. 

3. Proposed solution (some of which leave things as they are). 

4. Analysis of the effects of the suggested solution (counting the advantages and disadvantages of each policy option for the state, its citizens, and its companies). 

5. Recommendations and choice of solutions based on effect analysis and evaluation advantages and disadvantages of each solution. 

Submitting Comments 

Comments from agencies, units, organizations, and individuals should be sent in writing to the Ministry of Industry and Trade by email (at KienNV@moit.gov.vn, ThanhNT@moit.gov.vn) or through the Department of Chemicals, No. 21 Ngo Quyen, Trang Tien Ward, Hoan Kiem District, Hanoi City, by April 10, 2024. 

On 4 March 2024, the Drug Administration of Vietnam (DAV) issued amendments to the Annexes of the ASEAN Cosmetic Directive (ACD). At the 38th ASEAN Cosmetic Council (ACC) and the 38th ASEAN Cosmetic S...

On 4 March 2024, the Drug Administration of Vietnam (DAV) issued amendments to the Annexes of the ASEAN Cosmetic Directive (ACD). At the 38th ASEAN Cosmetic Council (ACC) and the 38th ASEAN Cosmetic Science Council (ACSB), the Drug Administration of Vietnam made the following announcement to the units:

Annexes to the ASEAN Cosmetics Agreement include

• Appendix II. List of substances not allowed to be used in cosmetic products

• Appendix III. List of substances with regulations limiting concentration and content in cosmetic products

• Appendix IV. Colorants allowed for use in cosmetics

• Appendix VI. List of preservatives allowed for use in cosmetic products

• Appendix VII. List of ultraviolet ray filters

Cosmetics list updates

Major amendments have been made to Appendix II and Appendix VII, while references have been updated in the remaining Appendices.

Amendments in Appendix II: The prohibition on 14 components will enter into force on 15 November 15 this year, while the ban on N, N-diethyl-mtoluamide/diethyltoluamide (DEET) will enter into force on 15 November 15 2025.

Amendments to Appendix VII:

The new concentration limits for UV filters are as follows: 

From the date of application specified in the Appendix, only cosmetic products that comply with the regulations will be circulated on the market, and cosmetic products that do not comply with the regulations will be withdrawn from the market.

The Authority requests manufacturers and importers to comply with the provisions of Circular No. 06/2011/TT-BYT to avoid the risk of product recall and waste.