04 policies specified in the Proposal to develop a Law on Chemicals (amended) in Vietnam are specified in a href="https://lawnet.vn/vb/Nghi-quyet-95-NQ-CP-2023-phien-hop-chuyen-de-ve-xay-dung-phap-luat-thang-6-8BA72.html" class="green-text" target="_blank" >Resolution 95/NQ-CP dated July 7, 2023, regarding the thematic session on lawmaking in June 2023.
04 policies specified in the Proposal to develop a Law on Chemicals (amended) in Vietnam
On July 7, 2023, the Government issued Resolution 95/NQ-CP at the thematic meeting on lawmaking in June 2023.
The Government basically agrees with 04 policies in the Proposal to develop a Law as proposed by the Ministry of Industry and Trade, including:
(1) Sustainable development of the chemical industry into a modern, foundational industry;
(2) Synchronized chemical management throughout the entire life cycle;
(3) Management of dangerous chemicals in products;
(4) Improve efficiency in ensuring chemical safety.
At the same time, the Ministry of Industry and Trade will be the presiding unit and coordinate with relevant ministries and agencies to conduct research, receive opinions from Government Members and complete the following main contents:
- Research to fully institutionalize the Party's guidelines and policies in the chemical field; summarize and review relevant legal regulations to overcome problems and inadequacies of the current Chemical Law in accordance with the current domestic and international context as well as international treaties to which Vietnam is a member; ensure the synchronization and unity of the legal system.
- Research and complete policy contents in the direction of strengthening decentralization and decentralizing management to local authorities, complying with the rules of competition and supply and demand in the market, and comprehensively amending the Chemical Law in 2007 to manage the chemical life cycle, ensure safety, and protect the environment in business, use, consumption, storage and preservation of chemicals.
- Complete the summary report on the implementation of the current Chemical Law. Policy impact assessment report and relevant documents in the Law Development Proposal dossier; clearly identify inadequacies and problems in practical implementation, causes of inadequacies and problems, and directions for amendments and supplements in the Law project; Continue to consult with experts, scientists, practitioners, relevant individuals, and organizations to complete the policies in the proposal to develop a Law;
At the same time, promote communication work on policies to create high consensus among the people, businesses, relevant agencies, organizations, and other subjects directly affected by the policies.
- Review and ensure that policies, solutions to implement policies, plans to amend and supplement the current Law on Chemicals are synchronous and consistent with the provisions of the Investment Law, the Law on Prevention and Control of Narcotic Substances, the Law on management and use of weapons, explosives and combat gears, the Law on Environmental Protection, the Law on Plant Protection and Quarantine, the Law on Crop Production, the Law on Civil Defense, and other relevant laws, in accordance with international commitments and treaties to which Vietnam is a member.
- Complete policy content and solutions to implement policies on state management in the chemical sector; clearly demonstrates the policy of promoting decentralization, decentralization, reform of administrative procedures, application of science and technology, and digital transformation; strengthen inspection and supervision of the implementation of legal regulations on chemicals and chemical incident prevention and response plans.
According to Resolution 95/NQ-CP, the Government requested the Ministry of Home Affairs to complete the draft Law on a number of specific issues, as follows:
- Review the draft Law to ensure consistency and synchronization with relevant Laws such as: Investment Law, Telecommunications Law, Cultural Heritage Law, Electronic Transaction Law, Law on Protection of State Secrets, Cipher Law... In case there is an overlap in scope, the provisions of specialized law shall be given priority;...
- Research to clearly define concepts; strengthen the political, legal, and practical basis for the proposed option to ensure feasibility; Supplement appropriate transitional regulations to avoid legal gaps;
- Regarding the deadline for submitting documents to historical archives, research and acquire them in the direction of creating favorable conditions for accessing archived documents to promote the value of archived documents.
However, to ensure feasibility, it is necessary to carefully evaluate the conditions of facilities, people, other necessary conditions, and the implementation roadmap.
- Regarding the management of the national database of archival documents for documents of the defense, police, and diplomatic sectors, research and acquisition are conducted in the direction of: ensuring the principle that archived documents are managed uniformly; for non-confidential documents, normal connections are made; for confidential documents, only connections are made after declassification;...
- Complete the policy on private archives in the direction of: clearly defining the subjects and content of state management of private archives; mechanism for the State to buy, sell, and use privately archived documents for a limited period of time; model, operating conditions, and responsibilities of private archives; ensuring harmony of interests of the state, individuals, and businesses.
- Research and complete regulations on storage service activities to ensure the principles of uniformity and fairness; Supplementing regulations to enhance the responsibility of businesses participating in storage service businesses, ensuring security and safety in storage activities.
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