On September 5, 2025, Vietnam’s Ministry of Industry and
Trade (MOIT) opened a public consultation on a draft Government Decree that will
operationalize the new Law on Chemicals No. 69/2025/QH15.
Described
by the MOIT’s Chemicals Agency as the “backbone” for implementation, the draf Decree outlines state
management of chemical activities and control of hazardous chemicals in
products and goods.
Purpose and Scope
The draft Decree translates the 2025 Law on Chemicals
(effective January 1, 2026) into practice, establishing detailed procedures for new-chemical
registration, information management and confidentiality, and controls on
hazardous chemicals in products. It will also modernize Vietnam's regulatory framework following Decree 113/2017/ND-CP and its 2022 amendments, with an emphasis on
administrative simplification and digital transformation in government oversight.
Structure at a Glance
According to the MOIT, the draft consists of 5 Chapters and 32
Articles:
- Chapter
I: Scope, definitions, and allocation of state management
responsibilities.
- Chapter
II: Management of chemical activities, including manufacture, import, trade, and use.
- Chapter
III: Chemical information management: new-chemical registration and evaluation,
management of new chemicals, confidential business information (CBI)
protections, and digital transformation in state oversight.
- Chapter
IV: Management of hazardous chemicals including list management, production/process controls,
and public disclosure requirements for hazardous chemical content in
products.
- Chapter
V: Implementation clauses: transitional provisions and effective date.
Legal Basis and Timetable
- The
National Assembly adopted the Law on Chemicals No. 69/2025/QH15 on June
14, 2025 (effective January 1, 2026).
- On July
14, 2025, the Prime Minister issued Decision No. 1526/QD-TTg, assigning
MOIT to draft the implementing Decree and submit it to the Government by
October 15, 2025.
- The MOIT
convened the drafting taskforce on August 29, 2025 to review the first
consultation draft and affirmed the accelerated timeline.
Policy Orientation
The MOIT states that the Decree is being developed in line with Resolution
66-NQ/TW (April 30, 2025) of the Politburo on renewing law-making and
law-enforcement to drive development. The approach emphasizes practical, system-wide, and
pro-growth reforms, including stronger decentralization and streamlined
procedures.
Key changes for Businesses
- New-chemical
regime: Clearer rules for registration and evaluation of substances not
yet on Vietnam’s lists; governance of new chemicals after approval.
- CBI
handling: Formalized pathways to protect sensitive information while
meeting disclosure and safety obligations.
- Product
controls: A framework to list and control hazardous chemicals in
products/goods, including disclosure of hazardous contents and controls
across manufacturing processes.
- Digital
oversight: Movement toward digitalized submissions and supervision in
chemical management.
- Continuity
and transition: Alignment with and eventual replacement/overhaul of
procedures under Decree 113/2017/ND-CP (and Decree 82/2022/ND-CP
amendments), with transitional clauses anticipated in Chapter V.
Administrative Reform Focus
In line with Government directives on cutting business
conditions, simplifying administrative procedures, and decentralizing decision-making,
the drafting team is reviewing additional reductions and simplifications beyond
those already approved under national programs (e.g., Decisions 1661/QD-TTg and
1015/QD-TTg).
Next Steps
- Consultation: The MOIT and the Chemicals Agency are receiving comments to refine the first-round
draft.
- Submission target: The drafting taskforce plans
to submit the dossier by October 15, 2025, to keep the Decree on track ahead of
the January 1, 2026, law effective date.
We acknowledge that the above information has been compiled from Ministry of Industry and Trade.