Does the chemical safety data sheet require periodic updating? What contents are included in the chemical safety data sheet in Vietnam?
What contents are included in the chemical safety data sheet in Vietnam?
Pursuant to Article 29 of the 2007 Law on Chemicals of Vietnam stipulating as follows:
“Article 29. Chemical safety data sheet in Vietnam
1. Hazardous chemicals include hazardous substances or mixtures with the content of hazardous substances exceeding the prescribed limit. For hazardous chemicals, chemical safety data sheers must be made.
2. Organizations and individuals producing or 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:
a/ Identification of the chemical;
b/ Identification of hazardous properties of the chemical;
c/ Information on the composition of substances;
d/ Physical and chemical properties of the chemical-
dd/ Stability and activity of the chemical;
e/ Information on toxicity;
g/ Ecological information;
h/ First-aid measures;
i/ Fire-fighting measures;
k/ Incident prevention and response measures;
l/ Storage requirements;
m/ Effects on humans and requirements for personal protection devices;
n/ Requirements on disposal of the chemical;
o/ Requirements on transportation:
p/ Applicable technical regulations and laws;
q/ Other necessary information.
4. The Government shall specify the contents of hazardous substances in mixtures for which chemical safety data sheets prescribed in Clause 1 of this Article are required.”
Chemical safety data sheet in Vietnam
How are chemical safety data sheets regulated by law?
In Clause 2, Article 24 of Decree 113/2017/ND-CP of Vietnam:
- Hazardous chemicals and mixtures containing one or some hazardous substances with content higher or equal to the following level shall be provided with safety data sheets:
No. | Classification of chemicals | Content |
1 | Acute toxicity | ≥ 1.0% |
2 | Skin corrosion/irritation | ≥ 1.0% |
3 | Serious eye damage/eye irritation | ≥ 1.0% |
4 | Skin/respiratory sensitization | ≥ 0.1% |
5 | Germ cell mutagenicity (Category 1) | ≥ 0.1% |
6 | Germ cell mutagenicity (Category 2) | ≥ 1.0% |
7 | Carcinogenicity | ≥ 0.1% |
8 | Reproductive toxicity | ≥ 0.1% |
9 | Specific target organ toxicity single exposure | ≥ 1.0% |
10 | Specific target organ toxicity repeated exposure | ≥ 1.0% |
11 | Aspiration toxicity (Category 1) | ≥ 1.0% |
12 | Aspiration toxicity (Category 2) | ≥ 1.0% |
13 | Aquatic toxicity | ≥ 1.0% |
- Hazardous chemical producers and traders shall provide safety data sheets for entities engaging in chemical-related activities.
- Safety data sheets shall be made in Vietnamese. The Ministry of Industry and Trade shall take charge and cooperate with relevant ministries and authorities in preparing safety data sheets.
Does the chemical safety data sheet require periodic updating?
In Article 7 of Circular 32/2017/TT-BCT of Vietnam stipulating:
“Article 7. Making of safety data sheets
1. Hazardous chemical producers and importers mentioned in Clause 1 Article 24 of the Decree No. 113/2017/ND-CP shall make safety data sheets including information provided in Appendix No. 9 attached hereto before using or selling chemicals on and take responsibility for contents of safety data sheets.
2. Hazardous chemical producers and importers shall retain safety data sheets of every hazardous chemical in their factories/stores and make sure that all entities relevant to hazardous chemicals are provided with safety data sheets of such hazardous chemicals.”
According to the above regulations, organizations and individuals that produce and trade in hazardous chemicals must provide chemical safety data sheets to organizations and individuals involved in chemical activities, but there is currently no regulation to update chemical data sheets periodically.
Administrative penalties for chemical safety data sheets according to the provisions of law
Pursuant to Article 23 of Decree 71/2019/ND-CP of Vietnam, Clause 11 Article 1 of Decree 17/2022/ND-CP of Vietnam stipulating:
“Article 23. Violations against regulations on safety data sheets
1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to develop all required contents of each safety data sheet.
2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for specifying false information about hazardous chemicals in the safety data sheet.
3. A fine ranging from 10,000,000 to 15,000,000 shall be imposed for failure to provide safety data sheets to entities using hazardous chemicals to manufacture other products.
4. A fine ranging from 15,000,000 to 20,000,000 shall be imposed for failure to prepare safety data sheets in Vietnamese language for used or sold hazardous chemicals.
5. Remedial measures:
a) The violator is compelled to correct false information on the safety data sheet if the violation mentioned in Clause 2 of this Article is committed;
b) Mandated recall of domestically produced or imported chemicals which have been sold or circulated on the market without safety data sheets prepared using Vietnamese language for violations under Clause 4 of this Article.”
According to the provisions of Clause 2 Article 4 of this Article, the above fines are imposed for administrative violations committed by individuals. The fine incurred by an organization is twice as much as the fine incurred by an individual for the same violation.
Thư Viện Pháp Luật
