Order No. 15/2007/L-CTN on the promulgation of the Law on Chemicals

o OFFiCIAL GAZETTE ,:ssu~ no Q6fJDt\uary 2008 (GOng BaD nos 29-30/January 14, 2008) THE STATE PRESIDENT amendedandsupplemented underResolution No. 511200I1QH10; PROMULGATES: The Law on Chemicals, 1'HF. PRFSTnENT OF THE !';OrTA I .IST REPUBLIC 01" VIETNAM President of the SocialistRepublic ofYietnam NGUYENMINH TRIET The National Assembly passes the Law on Chemicals. Chapter I GENERAL PROVISIONS Article 2.· Subjectsof application This Law applies to organizations and individuals engagedinchemical-relatedactivities and organizations and individuals related to chemical-related activities in the territory of the Socialist Republicof Vietnam. Article3.- Application of laws 1.Chemical-relatedactivitiesmustcomply with theprovisionsofthisLaw and other relevantlaws. 2. Activities related to radioactive substances and radioactive wastes comply with the laws on radiation safety and atomic energy. 3. In case the provisions of this Law are different from those of a treaty on chemicals and chemical-relatedactivities to which toe Socialist Republic of Vietnam is a contracting party, the provisions of that treaty prevaiI. Article 1.- Scopeof regulation This Law provides for chemical-related activines, safety inchemical-relatedactivities, rights and obligations of organizations and individuals engaged in chemical-related activities, and state managementof chemical-relatedactivines. 01<' THE which was passed on November21, 2007, by the xnth National Assembly of the Socialist Republicof Vietnam at its 2nd session. Pursuant to Article 91 of the Law 011 Organization a/the National Assembly; Pursuant to Article 50 of the Law on Promulgation ofLegd Documents, ORDER No. lSf2007/L·CTN DECEMBER 5, 2007, ON PROMULGATION OF LAW PursuanttoArticle103andArticle 106ofthe 1992 Constitution ~f The ,Ci()drJli~t Rqmhhf' o'1j Vietnam, whiDh was amended(JIuIsupplemented under Resolution No. 5J12001lQH10 of December25,2001, ofthex:h National Assembly; the J(/k session; LAW ON CHEMICALS (No. 0612007/QHI2) Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was Article 4.- Interpretation of tenus In this Law. the tenus below are construed as follows: 1. Chemical means an clement, a compound or a mixture which is exploited or created by humans from natural or artificial raw materials. 2.Substance meansanelementora compound, lClVIETNAM LAW & LEG FORUM Issue no061January 2008 (GOng Bau !IUS29-3OfJi:muary 14, 2006) OFFICIAL GAZETTE 7 including any impurities deriving from the processing process and any additives necessary to preserve thestabilityof physicaland chemical properties, excluding anysolvents whichmay be separated wi thour changing the characters of the ~UU~LaIllX. 3. Mixture means a combination of two or moresubstanceswhichdo notreact undernormal conditions. 4. Hazardous chemical means a chemical having one or severalof the followinghazardous properties according to dassification principles of the Globally Harmonized System of Classi fica Iion and LIbel ing of Chemicals: aJExplosive; brStrongly oxidative; cJ Stronglycorrosive; {VFlammahlc~ eJ Acutelytoxic; fJ Chronicallytoxic; &' Causing irritation to humans: hi Causingcanceror posing threatsof causing cancer; if Causing genetic mutation; j/ Reproductively toxic; kJ Bio-accumulative; II Organically polluting and hard to decay; mJEnvironmentally toxic. S.Toxic chemical meansa hazardouschemical lwvillg al le3,'i1 one of the hazardous properties defined from Points e thru m, Clause 4, of this Article. 6. New chemical means a chemical not yet listed in !be national chemicalinventory or foreign chemical inventories recognized by Vietnamese competentstate agencies. 7. Chemical-related activities means investing in, producing, bottling, packaging, selling and pllrchasing. imponing. exporting. transporting, storing, preserving, using, researching into and testing chemicals, disposing of discarded chemicals and disposing of chemical waste. 8. Chemical incident means the state of chemical fire, explosion, leakage or dispersion which causes or threatens to cause hann to humans, properties and the environment. 9. Seriouschemicalincidentmeansachemical incident which causes orthreatens 10cause great harmto humans, propertiesand theenvironment and falls beyond the controlling capacity of chemicalfacilities. 10. New hazard properties means hazardous properties w hid1 Ita Vt;; bccu (uulIl1 but uot yet recordedin safety data sheets. Article 5.- Principles of chemical-related <K;livi tics l. Assuring safety for humans, properties, ecosystemsand theenvironment; and socialorder and safety. 2. Strictly controlling chemical-related activities, especially those related to new chemicals, hazardous chemicals, chemicals restrictedfrom trading and banned chemicals. 3. Supplying sufficient, accurate and timely information on hazardousproperties ofchemicals and necessary preventive measures. Article 6.- Slate policies on chemical-related activities 1.Tobuilda modem and sustainablechemical industry efficiently using natural resources; to attach importance to the development of base chemicals, environmentally friendly chemicals and chemicals of high economic value for socio economicdevelopment 2. The State invests in the formulation of a planningon development of thechemicalindustry © VlfTNAM LAW & LEGAl. FORUM 8 OFFICIAL GAZETTE Issue no 06JJanuarv 2008 (GOng Baa nos21J-30!Jafiuary 14, 2008) and build a national system for chemical safety control and a chemical safety database. 3. The State encourages organizations and individuals to invest in the development of the chemical industry, apply new technologies and environmentally friendly technologies, gradually reduce the use of hazardous chemicals and replace toxic chemicals with less toxic and non-toxic chemicals and encourage the recycling, re-use and minimization of chemical wastes. 4. Organizations and individuals investing in chemical production projects in the domains or geographical areas in which investment is encouraged by the State are entitled to incentive policies in accordance with the laws on investment. land. tax and other relevant laws. Article 7.-Prohibited acts in chemical-related activities 1.Pnxiuciug, tl ailillg i JJ, 11 auspouiug, stor iug, using, sending or donating hazardous chemicals in contravention of this Law and other relevant legal provisions. 2. Failing to disclose necessary information, supplying inadequate or false information or concealing information on hazardous properties of chemicals or hazardous chemical-containing products. 3. Using chemicals outside the list of those pennitted for use, chemicals not up to qualiry standards or chemicals inexcessive concentrations to produce or preserve food, curative medicines, animal feed, veterinary drugs, plant protection drugs, fertilizers or consumer chemica! products. 4. Using toxic chemicals to catch or hunt animals or committing acts of infringing upon human health, properties or the environment. Chapter 11 DEVELOPMENT OF THE CHEMICAL INDUSTRY Article 8.- Requirements on chemical industry plannings 1.Chemical industry plannings must be in line with the State's principles and policies on chemical-related activities, this Law and other relevant legal provisions. 2. Chemical industry plannings must be formulated on the basis of national socio economic development strategies und industrial development strategies for every 1O-yearperiod, with orientations for subsequent 10years taken into consideration. 3.Chemical industryplannings must set forth orientations for the formation of chemical industrial parks. 4. Locations ot chermcat mdustrial parkS and chemical facilities must be suitable to properties and characteristics of chemicals, chemical producing and -preservinz technologies and natural and socio-economic conditions aiming to meet chemical safety requirements. Article 9.- Responsibilities for elaborating chemical industry plannings 1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries, branches and localities in, elaborating the a national chemical industry planning for submission to the Prime Minister for approval; guide and inspect the implementation of the planning. 2. Based on the national chemical industry planning approved by the Prime Minister and local socio-economic development objecti yes, provincial/municipal People's Committees (bellow referred to as provincial-level People's Committees} shall elaborate and approve chemical industry development plans in conformity with the local industrial development planning. 3.TheSlate shallensure funds for the chemical industry planning in accordance with the Law on © VIETNAM LAW & LEGAL FORUM Issue no 06fJanuary 2008 (Cong8:io nos29-3OIJanuary 14, 2(X)8) OFFICiAL GAZETTE 9 State Budget. Arcicle 1(/, - Rcq u i re II ic II ls Ull o;,;llewjo;,;,d production and trading projects 1. Chemical production or trading projects must comply with this Law, the law on investment and environmental protection and other relevant laws. 2. Chemical production or trading projects must use technologies up to environmental standards,reduce the useof hazardous chemicals and minimize chemical wastes. 3. Investors in chemicalproductionor tradtng projects shall work out chemical-incident prevention and response measures or plans as prescribed in Chapter VI of this Law. 4. Investors inchemicalproduction and trading projects shall coordinate with local administrations in collecting opinions of the communities in the localities where me projects arc to be executed on environmental protection measures in accordance with the law on environmentalprotection. Chapter III CHEMICALPRODUCT10NAND TRADING Article11.·Responsibilities for assuring safety ,in chemical production and trading 1. Organizations and individuals engaged in chemical production and trading shall abide by the chemical management and safety provisions of thisLaw andotherrelevantlawssoas to ensure safety for laborers, community health and the environment. 2. Organizations and individuals engaged in chemical production and trading shall regularly inspect, maintain and operate waste treatment systems safely. 3. State management agencies shall, within the scope of their tasks and powers, regularly guide, inspect and examine the assurance of safety in chemical productionand trading. Article 12.· Requirements on material technical foundations inchemical productionand trading 1. Organizations and individuals engaged in chemical production or trading must have the followingmatcrial-tecnrucal toundauons suitable to their operation scope and properties of chemicals: aJ Workshops, storehouses and technological equipment; bJ Safety equipment and devices, equipment and devices for prevention and fighting of fire, explosion, lightning, chemicalleakageordispersal and other chemical incidents; c! Labor protectionequipment and devices; d/ Environmental protection equ.ipment and devices,wastetreatment systems; eJVehicles of transportation; f! Rules on chemical safety; signaling system suitable to the hazard degree of chemicals in the places of hazardous chemical production and tn}{jine 1n C!l~t> chernir-a \" h:::lvp.rllff~rf'~t1t hazardous properties, warning signs must fully show thesehazardous properties. 2.Line ministries shall specify conditions ott material-technical foundations toensuresafetyin chemicalproduction and tradingactivitiesunder their management. Article 13.~ Professional requirements on chemicalproduction and trading 1. Organizations and individuals engaged. in chemical production anu trading shall aUilll):!:c person in charge of chemical safety who possess professional qualifications relevant to the scope and type of chemicalproduction and tradingand thorough knowledge about technologies and © VIETNAM LAW & LE L FORUM 10 OFFICIAL GAZETTE Issue noOe/January 2008 (Cong Bao nos 2{)-3OIJanuary 11, 2008) chemical safety plans and measures. 2. Laborers directly engaged in chemical productionand tradingmustpossess professional qualifications relevant to their assigned tasks. 3. Persons directly administering production activities of hazardous chemical-producing facilities must have auniversity or higher degree in chemistry, Article 14.· Production of and trading in chemicalson the listof thosesubjecttoconditional production and trading I. Chemicals on the list of those subject to conditional production or trading are hazardous chemicals with strict requirements on technical safety in production and trading. 2.Requirementson production of and trading in chemicals on the list of those subject to conditional production or trading are stipulated as follows: aJ Complying with the provisions of Articles 11, 12and 13of this Law; bIHavmgmacedaHechnical faunda[jonsand professional capacity satisfying the technical regulations applicable to the production of and trading inchemicals on the listof those subject to conditional production and trading; cl Having a certificate of qualification for production ofand trading in chemicals on the list of Those subject to conditional production and trading (referred to as certificate), if such a certificate is required by law. 3. The Ministry of Industry and Trade and concerned mini stries and branches shall coordinate with one another in providing for production andtradingconditionsandformulating a list of chemicals SUbject to condtttonal productionand tradingbefore submitting j t to the Government for promulgation. 4. Line ministries shall, within the SCC1pe of theirtasksand powers,issue technicalregulations andgrantcertificatesofqualification for chemical production and trading specified in this Article. Article 15.- Production of and trading in chemicals on the list of those restricted from production and trading 1.Chemicalson the listof thoserestrictedfrom production and trading are hazardous chemicals which are subject zo special control of safety techniques as well as production and trading scope, type, scale and duration in order to ensure that no harms are caused to national defense, security, human health, property and the environment 2.Requirements on productionof and trading in chemicals on the list of those restricted from production and trading are stipulated as follows: aJ Complying with the provisions at Points a and b, Clause 2, Article 14,of this Law; LJI H4ving a penult fur production uf and trading in chemicals on the listof thoserestricted from production and trading (referred to as permit). 3. The Ministry of Industry and Trade and concerned ministries and branches shall coordinate with one another in providing for production and LIailing condiuons and dalJunlling a listof chemicals restrictedfrom production and trading before submitting it to the Government forpromulgation. 4. Line ministries are competent to grant permits and shall organize the grant of permits for production of and tradingin chemicals on the list uf those I esu icted (I UIlIlJl oductiuu and uading falling under their management scope. Article16.- Order ofandprocedures for grant uf cer tificaies auil pcunits 1.Organizations and individualsapplying far certificates or permits shall compile and send dossiers to state agencies competent to gr;:mt certificatesor permits. @ VIETNAM LAW & LEGAL FORU~ Issue no06JJanuary 2008 (G6ng Baa nos 29-30!Januar; 14, 2008) OFFICIAL GAZETTE 11 2. A dossier of applicationfor a certificate or permit comprises: a/ An application for a certificate or permit, made according to a set form; bl A copy of the business registration certificate; cI Papers evidencing the satisfaction of requirements specified at Points a and b, Clause 2, Article 14, or Point a, Clause 2, Article 15, of this Law. 3. Within 20 days after receiving a valid and complete dossier ue prescribed in Clause 2 ofthis Article, the competent state agency shan grant a certificate or permit to the applicant. In case of refusal, it shall issue a written reply staling the reason. 4. Organizationsand individualsapplying for certificates or permits shall pay charges as prescribed by law. Article17.- Contents ofcertificatesor pennits 1. A certificate or permit has the following principal contents: af Narneand address of the chemical facility; bl Place of chemical productionor trading; cl Form and scope of chemical productionor tradingandcategories ofchemicals to beproduced or traded in; dI Obligations or the tactttry which is granted a certificate or permit; el Validity duration, for permits. 2. The validity of permits shall be prescribed by line ministries suitable to the category and characteristics of chemicals on the list of those restricted from productionand business, Article 18.- Supplementation or withdrawal of certificates and permits 1. In case ofexpanding the scope ofchemical production or trading beyond the conditions prescribed in the granted certificate or the provj s ion« of thp 21"~nted permit, before conducting the expansion, the concerned organization or individual shall carry out proceduresfor supplementationof thecertificate orpermit so as tosuit thenew scopeofproduction or trading. The procedures for thesupplementation of certificatesandpennitsare similar to those for the grant of new certificatesor permits. 2.Anorganizationor individualmay haveits! his/her certificate or permit withdrawn in the followingcases: oJ Havingforgedthe dossierofapplicationfor a permit; bINolongersatisfying theconditionsforgrant or a permit; cIViolating theprovisions of thecertificateor permit butfailingtoremedy consequenceswithin the time limit prescribed by a competent agency; dl Leasing or borrowing the permit or modifyingthecontentsof thecertificate.orpermit; elSeriously violating the provisionsofthis Law; fl Terminating activities of chemical productionor trading. 3. Organizations and indi viduals afl{l~ing for supplementation of certificates or permits shall pay a fee as prescribed by Jaw. Artirle lQ - Chemicals on the lisr'of harmed chemicals 1. Bannedchemicalsareextremelyhazardous chemicals Oll (be list of banned chemicals promulgated by the Government. 2. Organizations and individuals may not produce, trade in, transport, store and use chemicalson the listof banned chemicals,except for cases prescribed in Clause 3 of this Article. 3.In special casesfor thepurposesof scientific rese arch , defen ~e arid security assurance or epidemic prevention and control, the production, © VIETNAM LAW & LEGAL fORUM 12 OFFICIAL GAZETTE Issue no06fJanuary 2008 (C6ng Baanos 29-301January '/4, 2008) import and use of chemicalson the listof banned chemica I~ mu ';J hf! permitted hy 1he Prime Minister 4. Organizations and individualspermitted to produce, import or use chemicals on the list of banned chemicals shall strictly manage these chemicals in terms of quantity,not let any lossor incident occur and make periodical reports as prescribed in Article 52 of this Law. 5. 11m Ministry u[ Industry dud Trade :-;h<111 assume the prime responsibility for, and coordinate with other ministries and branches in, elaborating a list of banned chemicals for submission to theGovernment forpromulgation. Article 20.- Transportation of hazardous chemicals I. Organizations and individuals that transport hazardouschemicalsshallabideby theprovisions on the transportationof dangerous cargoes in the laws on road, inland waterway, railway, air and sea transport and other relevant laws. 2. If an incident occurs en route, vehicle operators, goods owners and vehicle owners shall take necessarymeasures tominimize and remedy consequences and, at the same time, notify the incident to the nearest People's Committee and concerned agencies. Article 21.- Storage and preservation of hazardous chemicals in chemical production or trading Production or business organizations and individuals that store or preserve hazardous chemicalsmustsausty theiollowingrequirements: 1.Satisfyingtheconditions on safety distance and safety techniques in chemical storage and preservation: 2. Displayingnecessary warnings at placesof storage and preservationof hazardous chemicals as prescribed at Point f, Clause 1,Article 12, of thisLaw; 3. Havingequipment and vehiclesin response to incidents, which are suitable to hazardous properties of chemicals; 4.Adopting chemical incidentprevention and response measures or plans as prescribed in Chapter VI of this Law. Article 22.- Safety distances of hazardous chemical production and trading facilities 1. Production places and warehouses of facilitiesproducing or tradinginchemicals on the listprescribed in Clause 1,Article 38, of thisLaw must ensure safety distances from residential quarters, public works, historical and cultural relics, beauty spots, bio-diversity conservation zones and daily-life water sources. 2.Organizations and individual smay notbuild dwelling houses and other works in the safety distances, except special-useworks permitted by competent state agencies. 3. The Government shall specify safety distances prescribed in thisArticle. Article 23.- Control of the sale and purchase of toxic chemicals 1.The sale and purchase of toxic chemicals require control cards ccrtined by the seller and the purchaser as a basis for the control of toxic chemicals circulated in the market. 2. 1\ toxic chemical sale and purchase control card contains information on the name, quantity and usc purpose of the chemical; names and signatures of the sella and the purchaser; addresses and identity card serial numbers at representativesof thesellerand thepurchaser;and the date of delivery. 3. Toxic chemical Galeand purchase control cards must be preserved by the seller and the purchaser for at least five years and produced at the request of competent state agencies. 4. The Ministry of Industry and Trade shall © VIETNAM LAW & LEGA.L FORUM Issue noOOJJan~ {GOng BaG nos 29-3OVJanu8/}' 14, 2008) OFFICIAL GAZETTE 13 set the fonn of toxic chemical sale and purchase conti ol cai U. Article 24.- Import, export,temporary import for re-export and transit of chemicals The import, export, temporary importfor re exportandtransitofchemicalsmust complywith the provisions of this Law, other relevant laws and treaties to which the Socialist Republic of Vietnam is a contracting party. Article 25.- Disposal and discard of residual chemicals and chemical wastes and containers 1.Organizationsand individualsproducingor trading in chemicals shall dispose of and discard residual chemicals and chemical wastes and containers in accordance with the law on environmental protection. 2. The Ministry of Natural Resources and Environment shall assume the prime responsibili ry for, and coordinate with ministries and branches in, providing for the disposal and discardof re~idtlal chemical"and chemicalwa<;tf>.' and containers in accordance with the law on environmental protection. Artirlp. 26.- Advertisern...nrs on chemical" 1.Advertisements on chemicals must comply with the law on advertisement, }. Advertisements on products and ennrl" containing toxicor hazardous chemicals must be accompaniedwithwarningson hazardousor toxic properties of chemicals and instructions on preventionof hanns causedby meseprOULJl:L'> and goods. Chapter IV CHEMICAL CLASSIFICATION, LABELING AND PACKAGINGAND CHEMICAL SAFETY DATA SHEETS Article 27.~ Classification and labeling of chemicals 1.Organizations andindividualsproducing or importing chemicals are obliged to classify and label chemicals before using or marketing these chemicals are used or marketed. 2.Chemicals are classifiedin accordancewith technicalprinciples andguidance of the Globally Harmonized System of Classification and Labeling of Chemicals. 3. Chemicals are labeled in accordance with the law on goods labeling, 4. Hazardous chemicals are labeled in accordance with (he law on goods labeling and guidance of the Globally Harmonized System of Classifie ation and Labeling of Chemicals. 5. The Ministry of Industry and Trade shall guide theclassification and labelingof chemicals according to the GloballyHarmonized System of Classification and Labeling of Chemicals and determinea roadmapforapplication of'regulations on classification and labeling of substances and mixtures of substances. Article 28.- Packaging of chemicals 1.Packagesof marketedchemicals.must meet the following requirements: aJ Satisfyingrequirements onclassificationand labeling of chemicals specified in Article 27 of this Law; bl Preventing leakage and dispersal of chemicals in the process of transportation, preservation or storage; cl Not being corroded or destroyed by contained chemicals; dJ Complying with technical regulations on packagingpromulgatedbycompetentagenciesor with international standards announced by competent state agencies for application. 2. Line ministries shall provide for specifications, materials and requirementson the © VIETNAM LAW & lECCIlI. FORUM 14 OFFICIAL GAZETTE Issue no06IJanuary 2008 (Colly BdU110529·301Jallui;lfY 14, 2008) examination and evaluation of packages of each kind of ~hl'mical. Article29.-Chemical safety data sheets L Hazardous chemicals include hazardous substances or mixtures with the content of hazardous substances exceeding the prescribed limit. For hazardous chemicals, chemical safety data sheets must be made. 2. Organizations andindividualsproducingor importing hazardous chemicals, before using or marketing these chemicals, shall make chemical safety data sheets. 3. A chemical safety data sheet contains the following contents: aJ Identification of the chemical; bIIdentificationofhazardous propertiesof the chemical; dInfonnariOJI 01\ Ill\:t:ulllpU~ili.UHuf:>ubstauc:e:-.; dI Physical and chemical properties of the chemical; t;;/ S tability and activity of the chemical; fJInformation on toxicity; g/ Ecological information; hi First-aid measures; if Fire-fighting measures; jI Incidentpreventionand response measures; kI Storage requirements; 1/ Effect'> on humans and requirements for personal protection devices; mJRequirementson disposal of the chemical; nJ Requirements on transportation; 01 Applicable technical regulations and laws; pi Other necessary information, 4.The Government shall specify the contents of hazardous substances in mixtures for which chemical safety data sheets prescribed in Clause 1of thisArticle are required. Chapter V USE OF CHEMICALS Article 30.- Rights and obligations of organizations andiudividualsusingchemicalsfor production of other products and goods 1. Organizations and individuals using chemicals for production of other products and gUUlh may l'Cl.I.ue:'>l ::'UppliCfS of haL<u dous chemicals to provide adequate and accurate information on theirproperties andcharacteristics, information on their classification and labeling and their chemical safety data sheets. 2. Organizations and individuals using chemicals for production of other products and goods nave the following obligations. a/ To abide by regulations on chemical safety management; bl To uavc persons in charge of chemical safety; to satisfy requirements on material technical foundations and professional capacity regardingchemical safety suitableto the quantity and properties of chemicals; dTo provideperiodicaltrainingand re-training in chemical safety to their laborers; d/ To provide sufficient, accurate and timely information and guidance on chemical safety to laborers and managers; cJ To work out chemical incident prevention and response measures or plans as prescribed in Chapter VI of this Law; fl To update and store information on used chemicals as prescribed in Article 53 ofthis Law; g/ To promptly notify chemical suppliers and chemical management agencies upon detection 01 SIgns or new hazardous properttes of used chemicals; h/To abideby inspection requestsofcompetent state management agencies in the implemcnra rion of regulations on chemical safety. © VIETNAM LAW &LEGAL FORUM Issue no 06lJanuary 2008 (Gong Ban nos2Q..?OJ.January 14. ?OOR! OFFICIAL GAZETTE 15 Article 31.~ Rights and obligations of organizations and individuals using hazardous chemicals for production of other products and goods 1. Organizations and individuals using hazardous chemicals fur l-lIuuuL;(iulI uf ullin products and goods, apart from havingthe rights and obligationsdefined in Article30 of this Law, shall perform the followingobligations: aJ To ensuresafety conditionsfor humansand the environment in the process of using and preserving hazardous chemicals; bl To abide by technical regulations on the contents and quality standards of hazardous chemicalsin the productionof otherproductsand zooe\<;; cl Not to use toxicchemicalshavingproperties specified at Points h, i, j or k, Clause4, Article4, of this Law in food, cosmetics, food additives or foodpreservatives; dJ To install a signaling system in the places where hazardous chemicals are used or stored w hich is suitable 10 ale hazard ofchemicals, jf the chemicals havedifferenthazardous properties, the warningsigns must fully display these properties; I"J To supply sufficient accurate and timely information and guidance on chemical safety to persons who directly use, preserve or transport chemicals and persons who manage chemical production; fl Toobserve legal provisionson disposal and discard of hazardous chemicals and their rontainer,, 2. Lineagencies shallpromulgate a Jistof, and manage activitiesrelated to, chemicals whichare prohibited from use in the production of other products and goods falling under their management scope in accordance with this Law and other relevant laws. Article 32.- Rights and obligations of organizationsandindividualsusingchemicals for consumption purposes 1. Organizations and individuals using chemicals for consumption purposes may request suppliers 10 provide sufficient information on hazardous prupeltjt:s of chemicals and :;,afcty requirements and pay compensation for damage caused in the process of using chemicals. due to incorrect informationprovided bysupPliers. 2. Organizations and individuals using chemicals for consumptionpurposes are obliged to strictly comply with technical instructions accompanied with chemicals or displayed in chemical labels and ensuresafety for themselves and the community. Article 33.- Use of chcrnicais for scientific experimentationand research 1.Heads of testing laboratoriesand scientific researchestahlishrnents andpersonsdimctlyusing chemicals for scientific experimentation or research shall fully abide by the provisions on chemical safety in this Law and other relevant Jaws. 2. Testing laboratories must have safety equipment and devices and labor protection equipment and devices suitable to hazardous properties ofchemicals. 3. Chemical containersin testing laboratories and warehouses must be labeled in accordance with requirements on chemical labeling as prescribedby law. 4.Testinglaboratoriesshallmake dossiers for supervision of chemicals in order to f'l'"1indic.ally update the situationof the use of chemicals; and preserve chemical safetydata sheets. 5. The Ministry of Science and Technology shallprovideforthe useofchemicalsfor scientific experimentationand research. Article 34.- Storage and preservation of hazardous chemicals in use © VIETNAM LAW & LEGALFORUM 1£ OFFICIAL GAlETIE Issue no O6lJanuary 2008 (GOng Bao nos LY-301January 14, 2UU8) 1. Organizations and individuals using hazardous chemica I" for proo11rti(ln (If prOdlwts and goods shall abideby theprovisionsofArticle 21 of this Law on storage and preservation of hazardous chemicals. 2. Organizations and individuals using hazardous chemicals for consumption purposes shallabidebymanufacturer instructions whichare displayed on labels or packages of, or in the use instruction sheets accompanied with, chemical products. Article 3$.- Disposal of discarded chemicals 1. Organizations and individuals using chemicals for production of products and goods or usinechemicalsfor scientificexperimentation or research or consumptionshall dispose of and discard residual chemicals and chemical wastes and containers according to the law on til vjruU.UJ.';tllwJ lJ1otectiun. 2. Discarded chemicals must be disposed of by appropriate technologies up to environmental protection standards. 3. Chemicals consumed by households and individuals must be discarded according to manufacturer recommendations and legal provisions on environmental protection so as to ensure safety for humans and the environment, Chapter VI PREVENTION OFAND RESPONSE TO CHEMICAL INCIDENTS Article 36.- Preventionof chemical incidents 1. Organizations and individuals engaged in chemical-relatedactivities shallabideby technical regulations on satety; and provide periodical training in chemical safety to laborers. 2. Investors of projects related to chemicals outside the list specified in Clause 1,Article 38, of this Law shall work out chemical incident prevention andresponse measures suitableto the prncluerion ~()pe ;inn cnnditinno;: :mn prnpertif''= of chemicals. 3. Chemicalincidentpreventionand response measures containthefollowingprincipal contents: aJ Determining, zoning off and elaborating plansonregular inspectionof, spotshighIYprone to chemical incidents; bl Measures, equipment, devices and forces foron-site response; cJ Plans on coordination with outside forces in responding to chemical incidents. 4. Investors of projects related to chemicals On thelistspecified in Clause 1,Article38,of this Lawshallelaboratechemical incidentprevention andresponseplansand submit themtocompetent statemanagementagenciesforapprovaland may only commence their projects after these plans alt: approved. III ~d.:se uf expanding U1 chaugiug the scope of operation, they shall amend and supplement their chemical incident prevention, andresponse plans,and submitthemtocompetent agenciesfor approval. Artu:le 37.- Chemical incident-response equipment, devices and forces 1. Organizations and individuals engaged in chemical-related activities shall build their capacity foron-siteresponsetochemicalincidents and have equipment and devices suitable 10 the scope ofchemical-related activities andproperties of chemicals. 2. On-site response forces TIlUSl be trained regularly anddrilledinchemicalincidentresponse plans 3. Fire brigades, other forces and related state managementagenciesshallenhancetheircapacity and have equipment and devices to respond to chemical incidents. Article 38.- List of hazardous chemicals © VIETNAM lAW & lEGAL FORUM ISSue no06fJanuary 2008 (CongBao nos 29-30!Januaf}' 11, 2008) OFFICIAL GAZETTE 17 requiring elaboration of chemical incident prevention and response plans 1.Basedon hazardousproperties of chemicals and the scope of chemical production, trading or use, the Government shall promulgate a list of hazardouschemicals requiringcnermcai incident prevention and response plans. 2. The Ministry of Industry and Trade shall assume the prime responsibility for, an d coordinate with concerned ministries and branches in, elaborating and submitting the list specified in Clause 1 of this Article to the Government tor promulgatron. Article 39.- Contents of chemical incident prevention and response plans L Information on properties, quantities, production technologies and usc of chemicals, geographical, population and environmental conditions in the places where chcruical-relatcd activities are carried out. 2. Forecasts about incident-causing dangers andplansoninspectionandsupervision of "01 srces of chemical incidents. 3. Forecasts about circumstances leading to chemical incidents and preventivemeasures. 4. Capacity ofresponding (0 chemical incidents, includingequipment, devices, manpowerandplans on coordination with local forces and plans on evacuation of people and properties. 5. Plans on remedying of consequences of chemical incidentsin accordancewith thelaw on environmentalprotectionandotherrelevantlaws. Article 40.~ Dossiers,orderandproceduresfor approval of chemical incident prevention and response plans 1.Organizationsand individualsapplyingfor approval of chemical incident prevention and response plans shall submit their dossiers to competent agencies. 2. A dossier of application for approval of a chemical incident prevention and response plan comprises: aJAn application for apProval,made according to a set form; bl The chemical incident prevention and responseplanprescribedinArticle 39 of thisLaw. 3. Agencies competent to approve chemical incident prevention and response plans shall appraiseandapprovetheplan within30days after fe<:;ei ving a validand complete dossier. 4. Organizations and individualsapplying for approval of chemical incident prevention and responseplansshallpaycharges as prescribedby law. Article 41.- Competenceto approve chemical incident prevention andresponse plans. Line ministries shall assume the prime responsibility for, and coordinate with state managementagenciesin chargeof fireprevention and fighting, the Ministry of Industry and Trade and concerned state mauagcrncut agencies in, appraising and approving chemical incident prevention and response plans. Article 42.- Responsibilities for coordination in chemical incident preventionand response 1. Organizations and individuals engaged in chemical-related activities concf'ming chemicals on the listspecified in Clause 1,Article38, of /his LawshallsupplyPeople's Committeesat various levels and local tire brigades with information spedIled iII Clauses 3, 4 anu5, Ankle 39, uf Ibis Law for coordination in responding to chemical incidents; forchemical facilities locatedin industrial parks,export-processingzonesoreconornic zones, they must also supply such information to tbe management boards of theindustrialparks,export processingzonesoreconomiczones. 2. Upon occurrence of chemical incidents, @ VIETNAM LAW & LEGAL FORUM 18 OFFICIAL GAZETTE Issue no 06lJanuary 2008 (COng Baanos 29-301January 14. 2008) organizations and individuals engaged in chemical-related activities shall promptly apply chemical incident prevention and response measures or plans and promptly notify the incidents to the nearest fire brigades, concerned agencies and units and local administrations for coordination in responding to and remedying chemical incidents. 3. Upon occurrence of serious chemical incidents (he responsibilities for coordination in incident response are prescribed as follows: aJ Chemical facilities shall promptly take response measures specified ill Clause 2 of this Article; hi People's Committees ofcommunes, wards or townships WhNP. the incidents occur shall mobilize. local forces, take other necessary measures and, at the Same time, notify the incidents to the People's Committees ofdistricts, provincial capitals or ctues for arranging forces to implement response measures, rescue or evacuate people and properties and immediately report the-cases to the presidents ofthe provincial level People's Committees; c/ Presidents of provincial-level People's Committees shall direct the response to and remedytng ofchemical incidents; d/ Linerninistries and the Ministry of Industry and Trade shall promptly coordinate with the provincial-level People's: Committees: of the localities where the incidents occur in responding to and remedying chemical incidents; eI Organizations and individuals shall abide by competent state management agencies' orders on the mobilization of people and properties to respond to and remedy chemical incidents in accordance with law; fl Presidents of provincial-level People's Committees of localities where chemical incidents occur shall immediately notify the National Search and Rescue Committee and concerned agencies for coordination in handling these incidents in accordance with law. Chapter VII DECLARATION, REGISTRATION AND SUPPLY OF INFORMATION ON CHEMICALS Article43.-Declaration of chemicals 1. Chemical-importing organizations and individuals shall declare chemicals to the Ministry of Industry and Trade; chemical-producing organizations and individuals shall declare chemicals to professional agencies managing chemical-related activities under provincial-level ppop110" s Committees 2.A chemical declaration contains: al Name and address of the chemical producing or -importing organization or individual; bl Narne, quantity and origin of the chemical. 3.Annually, professional agencies managing chemical-related activities under provincial-level People's Committees shall report to the Ministry of Industry and Trade declared information on chemicals in their localities. 4. The Government shall promulgate a list of chemicals subject to declaration. The Ministry of Industry and Trade shall specify the form of chemical declaration prescribed in this Article. Article44.~ Registration of new chemicals 1. New chemicals lIlay 1Jt: used UI marketed only after they areregistered with competent state agencies. ") A dnscier of ff'\£i srrarion of a new chernleal, except cases speci fied in Clause 3 of this Article, compnses: at An application for registration of a new chemical; © VIETNAM LAW & LEGAL FORUM Issue no06JJanuary 2008 (Grmg RRonO-Q 29~101Janliary 14, 2008) OFFICIAL GAZETTE 19 bl The name of the new chemical under the guidance of the International Union of Pure and Applied Chemistry and the chemical formula of the chemical; cl Information on physical and chemical properties and hazardous propealc5 vf thc chemical.. certified by a new chemical-assessing organizationprescribed inArticle45 of this Law. 3.Adossier of registration of a new chemical used for scientific research or protection of security and social order and safety comprises: aJ Documents specified at Points a and b, Clause 2of this Article; bl Informationon theusepurposeandduration of the chemical. 4, The Mimstry at Industry and Trade shall specify the order of, and procedures for, and organize the registration of new chemicals. Article 45.- New chemical-assessing organizations 1. New chemical-assessingorganizations are organizations capable ofassessing new chemicals and designated by competent state agencies or foreign standardconformitytestingorganizations accredited by the Organization for Economic Cooperation andDevelopment (OECD)regarding chemical assessment. 2. The Minister of Industry and Trade shall ~I-'ct;ify t;um.Jitium; VII and Ut::.jgJJi1I~ JJ~W chemical-assessingorganizationsin Vietnam Article 46.· Management of activitiesrelated to TIl:w chemi cals 1. The Ministry of Industry and Trade shall oversee and manage activities related to new chemicals. 2. During five years from the date new chemicalsare registered, annually, beforeJanuary 31 of the subsequent year, organizations and individuals engaged in activities related to new chemicalsshall send reportsto lineministriesand the Ministry of Industryand Trade. 3. The Ministry of Industry and Trade shall specify the contents and formsofreports. Article 47.- Supply of information on toxic chemicals andhazardouschemicals 1.When requested, lineministriesshall supply information on toxic chemicals and hazardous chemicalsundertheirmanagementforcuring and treatmentof humans,animalsand plants affected by chemical incidents. 2. The Ministry of Industry and Trade shall coordinate with the Ministry of Health and the Ministry of Natural Resources and Environment in organizingcommunication on prevention and treatmentotettects causedbytoxicchemicalsand hazardous chernicals. Article 48.- Information on new hazardous properties of chemicals 1. Upon detection of signs of new hazardous properties of chemicals, organizations and individuals engaged in chcmicul-rclatcdactivities shall promptly report these properties to the Ministry of Industry and Trade and notify these propertiesto organizations or individuals thathave produced or importedthese chemicals. 2. Organizations and individuals producing or importing chemicals which show signs of new hazardous properties shall report to th e Ministry of Industry and Trade for consideration and collectionof additional scientific groundson these new hazardous properties. 3. The Ministry of Industry and Trade shall compile dossiersof chemicals which show signs of new hazardous properties in order to take measures to collect more scientific grounds and conductadditional testing toaffirm new hazardous properties of chemicals. 4. After obtaining adequate proofs for determination of new hazardous properties of © VIETNAM LAW &LEGAL FORUM 20 OFFICIAL GAZETTE Issue no06lJanuary 2008 (GOng 86.0 nos 20 301January 14,200B} chemicals, theMinistry of Industry andTradeshall decide to apply appropriate measures to manage these chemicals. 5. After obtaining official conclusions of competent state agencies on new hazardous properties of chemicals, organizations and individuals that have produced or imported these chemicals shall modifyand supplementchemical labels and chemical safetydata sheets to suit new hazardous properties. Artkle49.- Obligationsto supplyinformation Organizations and individuals engaged in chemical-related activities are obliged to supply sufficient, accurate and timely informationat the request of competent agencies: 1. Upon occurrence of chemical incidents in chemical facilities; 2.For the prevention of naturaldisasters which may cause chemical Incidents III chemical facilities; 3. For the investigationand survey in service of the elaboration of strategies, plannings and plans on regional or chemical industry development; 4. For the examination and inspection of chemical-related activities. Article 50.- Confidentialityof information 1. Agencies and persons that rec e i ve declaration and registration papers and reports on chemicals shall keep informationconfidential at the request of the declarants, registrants and reporters, except tor cases prescribed III Clause l , Artiele 51, of thisLaw. 2. Confidential information of declarants, registrants and reporters includes: aI Names and quantities of chemicals to be produced, imported or traded; bf Information wbting tntr:..,hnr.lr.[)cal know how and trade secrets. Artick 51.- Use ofconfld.emial infonna~i\,)n 1.Agencies and persons rcceiving dec laration and registrationpapers and reports on chemicals shall supplyconfidential informationspecified in Article50 of thisLaw at the requestof competent state agencies. 2.Agenciesand personsreceivingdeclaration and registrationpapers and reports on chemicals shall preserve confidential information in accordance with law. Article 52.- Reports on production, import or use of chemicals OIl the list of banned chemicals 1.Annually, before January 31, organizations and individuals producing, importing or using chemicals on the list of banned chemicals shall send reports on the production, import or use of thesechemicalsto lineministriesand theMinistry of Industry and Trade. 2. A report on production, Import or use of chemicals on the list of banned chemicals must have the following principal contents: aJ Names, use purposes and quantities of produced, imported or used chemicals; bl Quantities of warehoused, ex-warehoused and in-slack chemicalsand the storage locations; cl Chemical safety measures already taken; dI Other information, if requested. Article 53.- Preservation of information on hazardous chemicals 1. Organizations and individuals engaged in chemical-related activities shall formulate. regularly update and preserve information on hazardous chemicals in their chemical-related activities for at least three years from the date of elluillg activities iuvolving these chemicals. 2. Information to be preservedcoversscientific names and trade names of chemicals; quantities of chemicals produced. imported. used OT discarded; use purposes and classification of © VIETNAM LAW & LEGAL FORU Issue noO6IJanvary2008 (Gong Bao nos 29-3CVJanuary 14, 2008) OFFICIAL GAZETTE 21 hazard categories according to the Globally Harmonized System of Classification and Labeling of Chemicals; and information relating to chemical incidents andchemical safety in the facilities. 3. If a chemical facility has several branches, hazardous chemical data must cover all information relatingto the facility anditsbranches. Ankk54.~ TIm<:: limiwfpreservauonof TCpOl1S Agenciesororganizations recei ving reportson chemicals specified in Articles 46 and 52 of this Law shall preserve them for at least 10 years. Article55.- National chemical inventory and nationalchemical database 1. The Government shall formulate and promulgate a national chemical inventory and a national chemical database. 2. The national chemical inventory and the national chemical database must be formulated and modernized in conformity with international practiceandbepublicizedand regularly updated. Chapter VIII ENVIRONMENTAL PROTECTION AND SAFETY FOR THE COMMUNITY Article56.· Responsibilities for protection of the environment and safety for the community Organizations and individuals engaged or involved in chemical-related activities shall strictlyabide by thechemical safetyprovisions in this I .aw, the laws on environmental protection, protectionof people's health and laborsafety and oiher relevant laws. Article S7~ Rights and obligntions of organizations and individualsin theprotection of the environment and safety for the community I. Organizations and individuals in localities whereexistchemicalfadIitieshavethefollowing rights: aJ Tobesupplied with information related to the facilities' chemical safety; bl To request the application of measures to protect the environment and community health; cl To be compensated for damage to their health, life or properties caused by chemical related activities as prescribed by law; UJ To pJlJpu.'>c LUJ1Jpet~m state agencies to terminate the operation of organizations and individuals that violate legal provisions on chemical safety; e/To giveopinions onenvironmental protection measures and chemical incident prevention and response plans of investmentprojectson building uf hazardous chemical production or storage establishmentsin theirlocalities. 2. Organizations and individuals in localities where exist chemical facilities have th(' following obligations: aJ To promptly report to compe-tent state agencies violationsof the law on chemical safety when detecting them; blTocreate favorable conditionsfor concerned agencies and organizations to remedy chemical incidents. Article S8.~ Publicizarion of information on chemical safety Organizations and individuals engaged in chemical-related activities shallcoordinate with localadministrationsin publicizingthe following information on chemical safety among the population in localities where exist chemical facilities: 1.Measuresforensuringsafetyandprotecting human health and theenvironment in accordance with this Law and the Jaw on environmental protection; 2. Principal contents of chemical incident © VlETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE Issue noO6IJanuary 2008 (GOng Bao nos 29-3OJJanuary 14, 2008) prevention and response plans specifiedinArticle 39, except for confidential information specified in Article 50 of this Law. Article 59.- Responsibilities for disposal of residual toxic chemicals and confiscated toxic chemicals <l.m.lluxil.: cheniical-contaiuing PIUUUl;I.'; 1.Provincial-level People's Committees shall inventory, -detectand notify theMinistryof'Natural Resources and Environment of locations and quantities oi residual toxic chemicals of unclear origin andccnfiscated toxic chemicals and toxic chemical-containing products in their localities. 2. The Ministry of Natural Resources and Environment shallcoordinate with theMinistryof Industry and Trade and concerned agencies and provincial-level People's Committees in formulating plans on disposal of residual toxic chemicals.of unclear origin andconfiscated toxic chemicalsandtoxicchemical-containing products. 3.Provincial-level People's Committees shall organize the implementation of plans on disposal of residual toxic chemicals of unclear origin and confiscated toxic chemicals and toxic chemical containing products; the Ministry of Natural Resources and Environment shall inspect and supervise the disposal as prescribed in this Law and the Jaw on environmental protection. 4. Organizations and individuals having residual toxic chemicals and toxic chemical containirtg product,; confiscated ..hall hear :-111 expenses for the disposal. 5. In ease residual toxic chemicals are of unclear origin, it is impossible to identify owners of toxic chemicals or owners of confiscated toxic chemicals arc financially incapable, expenses for the disposal shall be paid from the state budget. Article 60.- Responsibilities to dispose of residual toxic chemicals of wars 1. The Ministry of Natural Resources and Environment shallassume meprtmeresponsibili ly for, and coordinate with the Ministry of Defense and concerned ministries,branches and localities in, identifying sources and scope of influence of residual toxic chemicals of wars and elaborating plansondisposal of thesechemicalsforsubmission to the Prime Minister for approval. 2. The Prime Minister shall direct concerned ministries, branches and localities to implement plans on disposal of residual toxic chemicals of wara. Article 61.- Insurance for the liability to pay compensation for damage in chemical-related activities 1. The State encourages insurance business enterprises to provide insurance for the liability to pay compensation for d~ullage caused by chemical-related activities. 2. The State encourages organizations and individuals engaged in chemical production and trading to purchase insurance for the liability to pay compensationfor damage in chemical-related activities. 3. Based ollOle socio-economic development situation and requirementsfor assurance of safety in chemical-related activities in accordance with the Law on Insurance Business, the Government shall propose the National Assembly Standing Committee to consider and provide for compulsory insurance applicable to activities related to hazardous and toxic chemicals. Chapter IX STATE MANAGEMENT RESPONSIBILITIES FOR CHEMICAL RELATED ACTIVITIES Article 62.- Statemanagernentresponsibilities for chemical-related activities 1. The Government shall perform uniform Slate managerueru uf chemical-related acuvitics © VIETNAM LAW & LEGAL FORUM Issue no06/January 2008 (Cong 8ao nos19·'wJanuBty f4, 2008) OFFICIAL GAZETTE 23 nationwide. 2 The Ministry of Industry and Trade shall take responsibility before theGovernment for the performance of state management of chemical related activities. 3. Ministries and ministerial-level agencies shall, within the scope of their task and powers, coordinatewiththeMinistry ofIndustryandTrade in performing the state management ofchemical related activities under the Government's assignment. 4. People's Committeesat variouslevelsshall performthestatemanagementofchemical-related activities in their localities under the Government's decentralization, Article63.- Statemanagementresponsibilities of theMinistry ofIndustry andTradeforchemical related activities 1. The Ministry ot Industry and Trade shall, within thescope of its tasksand powers, perform the following contents of state management of chemical-relatedactivi ties: aJ Topromulgateaccordingto itscompetence or submit to the Government for promulgation legal documents, strategies, plannings andplans on development of the chemical industry and technicalregulationson chemical safety; blToassume theprime responsibility for,and coordinate with ministries &J1d branches in, formulating and submitting to the Government for promulgationa nationalchemical database,a 1istofchemicalssubjectto conditionalproduction and trading, a list of chemicals restricted from production and trad.ing, a listofbannedchemicals; a list of chemicalssubject to declaration and the list of chemicals requiring chemical incident prevention and response pla.ns; c/ To manage chemicals for industrial usc, chemicals whicharepre-substancesfor industrial use and chemicals under the Convention on the Prohibition of the Development, Production, Stockpiling, Use of Chemical Weapons and on their Destruction; to manage chemicals used in consumerindustrialproducts;to promulgatea list of chemicals banned from use in domestic products and consumer products, except those managed by the Ministry of Health and the MinistryofAgriculture and Rural Development; dJ To develop a national chemical database; eJ Toperform the uniformmanagementof the classification andlabelingofhazardouschemicals; chemical registration and declaration and chemical safety tnrormauon: fJ To synthesize and produce statisticson the chemical safety situationnationwide; g/ To guide thc elaboration and organize the appraisal of chemical incident prevention and response plans; to coordinate with concerned agencies in preventing, responding to and remedying chemical incidents; hi To enter into international cooperation in chemical-relatedactivitiesand chemicalsafety; iJ Tu specify technical-material nxmdauons andprofessionalconditionson chemicalfacilities under its management; jl To participate in the dissemination of and education about the law on chemicals; kJ To inspect chemical-related activities; to settle complaints and denunciations concerning cherrucal-related activiues: II Toperformother tasksconcemingchemical related activitiesas assigned by theGoeemment. 2. TIll; Govenuueui shall decide to set up, and define the functions, tasks and organizational structure of, an agency under the Ministry of Industryand Trade which shall perform the state management of chemical-related activities to assist the Minister in performing the state management of chemical-relatedactivities. Article 64.- Management responsibilities of © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue no D6/January 2008 (GOng 880 nos 29-301January 14, 20GB) ministries and ministerial-level agencies directly concerning chemical-related activities 1. The Ministry of Natural Resources and Environment shall promulgate according to its competence or submit to competent agencies for promulgation regulations on environmental protection concerning chemical-related activities, the disposal and discard of residual toxic chemicals, residual toxic chemicals of the past wars, toxic chemicals of unclear origin and confiscated toxic chemicals. 2. The Ministrv of Science and Technology shall promulgate and announce according to its competence standards and technical regulations on chemical safety; to submit to competent agencies for promulgation policies on research into, development and appl ication oftechnologies suitable to the use of less hazardous chemicals. 3. The Ministry ofTransport shall promulgate according to its competence to submit competent agencies for promulgation regulations on the transportation of hazardous chemicals by road, inland wescrway, railway, airway or sea; and formulate additional technical regulations on transportation of hazardous chemicals. 4. The Ministry of Health shall manage chemicals used for preparation ofpharmaceuticals for humans, germicidal and insecticidal substances for domestic and medical use; cuonli J14tC wi til III in istricsand branches in providing for labor safety and sanitation in chemical-related activities; coordinate with the Ministry of Industry and Trade in formulating a list of banned chemicals and a list of chemicals restricted from production or trading in the health domain for submission to the Government for promulgation; promulgate a list of chemicals banned from usc, restricted from use or pennitted for use in the health domain, and a list of germicidal and insecticidal substances for household and medical use, pharmaceuticals and food additi ves. 5 The Ministry of Agriculture 8.lId Rur8.1 Development shall manage chemicals used in cultivation, husbandry, aquaculture, animal health, plant protection and preservation and processing of agricultural, forest and aquatic products and food; coordinate with the Ministry oflndustry and Trade and concerned ministries and branches in formulating a list of banned chemicals and a list of chemicals restricted from production and trading; promulgate a list of chemicals banned from use, restricted from use or permitted for use ill the agriculun a] douiaiu, guiJc Ilu: classification, labeling and making of chemical safety data sheets for plant protection drugs. n. The Ministry of Pnblic S~curily and the Ministry ofDefense shall manage chemicals and chemical products in the defense and security domains. 7. The Ministry of Labor, War Invalids and Social Affairs shall promulgate according to its competence or submit to competent agencies for promulgation regulations on labor safety and sanitation for laborers engaged in chemical-related activities; manage the use of chemicals in job training establishments. 8. The Ministry of Education and Training shall manage the use ofchemicals in schools and other educational establishments within the nationaleducationalsystern. Article 65.- State management responsibili ties for chemical-related activities of People's Committees at various levels 1. People's Committees at various levels shall, within the scope oftheir tasks and powers, manage, inspect and settle complaints and denunciations, and sanction administrati ve violations in chemical related activities in their localities under the Government's decentralization, this Law and other relevant laws. © VIETNAM LAW & LEGAL FOR M Issue no 06JJanuary 2008 (GOng Bilonos 2D-3D!JfH!Uory 14, 2008) OFFICIAL GAZETTE 25 2,Provincial-level PeapIe'sCommittees have pro fessional agencies assi sting them the Committees in managing chemical-related activities in localities as prescribed by the Government Article 66.- Inspection of chemical-related activities 1. The Ministry of industry and Trade, concerned ministries and branches and People's Committees at an levels shall inspect chemical related activities within the management scope assigned or decentralized to them. 2. The organization, tasks and powers of chemical inspectorates comply with law on inspection, Article 67.- Handling of violations 1.Agencies, organizations andindividualsthat violate theprovisions of this Law andother legal provisions on chemical-related activities shall, depending on subject, nature and severity of their violations, be administratively sanctioned or examinedfor penal liability; if causing damage, they shall pay compensations in accordance with law. 2. Individuals who abuse their tasks and powers to harass or cause troubles to organizations or individuals engaged in chemical-related activities; cover violators of the law on chemical related activities or let chemical pollution OT incidents occur due to their irresponsibility shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability; if causing damage, they shall pay compensations in accordance with law. Article 68.-Settlement ofdisputes in chemical related activities settled in one of the following forms: 1. Negotiation between the invol ved parties; 2. Conciliation between the involved parities by an intermediary conciliation organization or iudi vidual '1,1::\1 t:CJ ujJUuby the illvulved parties. 3. Settlement at a commercial arbitration ora court. ChapterX IMPLEMENTAnON PROVISIONS Article69.· Transition provisions 1. Organizations and individuals. that are conducttng chemical-related act ivi ties shall comply with this Law's provisions on declaration, classification. labeling of chemicals and making of chemical safety data sheets Law within one year from the effective date of this Law. 2. Organizations and individuals that are conducting chemical-related activities shall formulate chemical incident prevention and response measures or plans as prescribed by this Law within six months from the effective date of this Law. Article70.- Implementation effect This Law takes effect on July 1.2000. Article 71.- Implementation guidance The Government shall detail and !,uide the implementation of this Law. ThisUM was passed on November 2], 2007, by the KIth National Assembly of the Socialist Republic ofVietnam at its2/ld session. Chairman ofthe National Assembly NGUYEN PHUTRONG @ VIETNAM LAW & LEGAL FORUM