Regulations on declared chemicals in Vietnam

Regulations on declared chemicals in Vietnam (Internet image)

1. Declared chemicals in Vietnam

In Article 25 of Decree 113/2017/ND-CP, chemicals must be declared as follows:

- The list of declared chemicals is provided in Appendix V attached hereto.

- Declared chemicals include substances on the list of those to be declared and mixtures containing substances on the list of declared chemicals classified according to Article 23 of Decree 113/2017/ND-CP as hazardous chemicals unless otherwise exempted under the provision of Article 28 of Decree 113/2017/ND-CP.

2. Declaration of produced chemicals in Vietnam

Article 26 of Decree 113/2017/ND-CP stipulates the declaration of produced chemicals as follows:

Chemical producers shall declare chemicals produced every year through the annual reports prescribed in Article 36 of Decree 113/2017/ND-CP.

3. Declaration of imported chemicals in Vietnam

Article 27 of Decree 113/2017/ND-CP stipulates the declaration of imported chemicals as follows:

- Chemical importers (declarants) shall declare imported chemicals before customs clearance through the national single-window website.

- Creating of accounts to get access to the national single-window website

+ The declarant shall create a log-in account according to the specimen provided on the national single-window website, including information and attached files;

+ A declaration-receiving authority may request the declarant to submit the documents and documentation specified in Point a this Clause in hard copy to clarify or confirm information of the declarant if necessary.

- Information about the declaration of imported chemicals

+ Information declared according to the specimen provided in Appendix VI herein on the national single-window website including information about the declarant and imported chemicals;

+ Sale and purchase invoices of chemicals;

+ Safety data sheets in Vietnamese;

+ For non-commercial goods without chemical purchase or sale invoices, the declarant may use port return papers instead of commercial invoices.

- Validity of electronic documentation

+ The declarant shall declare information through the national single-window website. Information will be automatically transferred to the system of the Ministry of Industry and Trade and then will automatically respond feedback through the national single-window website to the declarant and the customs. The feedback will become the proof of completion of chemical declaration, as a basis for relevant entities carrying out customs clearance procedures;

+ The information on declaration feedback of imported chemicals through the national single-window website shall be made according to the specimen provided in Appendix VI attached hereto with legal validity for carrying out customs clearance procedures.

- Arising system errors

If system errors arise and the declarant fails to make declaration through the national single-window website, while pending the settlement of errors, the declarant may declare imported chemicals through the standby system regulated by the declaration-receiving authority.

- Responsibilities of declarants

The declarant shall take responsibility for accuracy of declared information according to the specimen available on the national single-window website and documents, documentation and electronic data in the set of document on declaration of chemicals through the national single-window website.

If the declared information is incorrect, the declarant shall be sanctioned according to applicable regulations. The declarant shall retain the set of documents on declaration of chemicals to present it to competent authorities if required and the duration of retention shall be at least 5 years.

- The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Finance in developing the declaration-receiving management system; take charge and cooperate with relevant ministries and authorities in carrying out inspections of entities declaring chemicals.

- Chemical import data of the declarant shall be shared by the Ministry of Industry and Trade with local authorities through the chemical database.

4. Cases where declaration of chemicals is exempted in Vietnam

Article 28 of Decree 113/2017/ND-CP stipulates cases of exemption from declaration as follows:

- Chemicals produced or imported for the purposes of national security and response to natural disasters and epidemics.

- Chemicals that are precursor chemicals of narcotics, precursor chemicals of explosives, industrial explosives and chemicals on the chemical table licensed to produce or import.

- The amount of chemicals is under 10 kg/shipment. Exemption mentioned in this Point shall not apply to restricted industrial chemicals.

- Chemicals that are raw materials for medicine production issued with certificates of registration for sale of medicines in Vietnam, raw materials for the medicine production that are pharmaceutical substances for production under medicine registration applications which have been granted certificates of registration for sale of medicines in Vietnam.

- Chemicals that are raw materials for pesticide production with certificates of pesticide registration in Vietnam.

Ngoc Nhi

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