Vietnam Issued the Decree No 113/2017/ND-CP

8 November, 2017

Vietnam Issued the Decree No 113/2017/ND-CP Regulates Requirements for Chemical Production and Trade, Classification, and Chemical Declaration Procedures

Decree 113/2017/ND-CP was introduced on 9 October 2017 specifying and providing guidelines for implementation of certain articles of the Law on Chemicals by MOIT, Vietnam. This Decree No 113/2017/ND-CP replaced Decree No 108/2008/ND-CP.

It is the finalized version of the draft regulation that Vietnam MOIT and will come into force on 25 November 2017.

The Decree regulates requirements for chemical production and trade, classification of chemicals and procedures for declaration of chemicals.

Under the Decree, chemical importers may complete the declaration of their imported chemicals via the National Single Window Portal (NSW).

To-be declared information includes information of declarants and imported chemicals, sale and purchase invoices, and chemical safety data sheets in Vietnamese. A declarant will have to take responsibility before law for the accuracy of information filled in the declaration from posted on the NSW. Declarants will be held responsible for intentionally declared untruthful information under the current regulations.

The new decree allows chemical traders to keep confidential names and quantities of produced, imported or traded chemicals, information about technological and trade secrets. However, important information that can be used for the protection of community health and the environment will not be considered confidential, including product trade names, names of producers and importers, information in chemical safety data sheets, cautions for use and direct contact with chemicals and measures to be taken in response to possible incidents, etc.

Source: Vietnam Law and Legal Forum

A number of cases of exemption from the requirement to declare chemicals have been supplemented, including:

  • chemicals for which licenses for production/import are issued;
  • imported chemicals under 10 kg/shipment;
  • chemicals that are raw materials for medicine production issued with certificates of registration for sale;
  • chemicals that are raw materials for pesticide production with certificates of pesticide registration in Vietnam.