Chemical incident prevention and response measures in Vietnam

Chemical incident prevention and response measures in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is chemical incident?

According to Clause 8, Article 4 of the Law on Chemicals 2007, chemical incident means the state of chemical fire, explosion, leakage or dispersion which causes or threatens to cause harm to humans, properties and the environment

Specifically, chemical means an element, a compound or a mixture which is exploited or created by humans from natural or artificial raw materials. (Clause 1, Article 4, Law on Chemicals 2007)

2. Chemical incident prevention and response measures in Vietnam

According to Clause 3, Article 36 of the Law on Chemicals 2007, chemical incident prevention and response measures contain the following principal contents:

- Determining, zoning off and elaborating plans on regular inspection of, spots highly prone to chemical incidents;

- Measures, equipment, devices and forces for on-site response;

- Plans on coordination with outside forces in responding to chemical incidents.

The applicant shall develop measures for prevention and response to chemical emergencies according to the form specified in Appendix VI issued with Decree 113/2017/ND-CP.

(Clause 2, Article 21 of Decree 113/2017/ND-CP (amended in Decree 82/2022/ND-CP)

3. Entities proposing measures for prevention of and response to chemical emergencies in Vietnam

Specifically, in Clause 1, Article 21 of Decree 113/2017/ND-CP, entities proposing measures for prevention of and response to chemical emergencies include:

- Investors of projects that involve in production, trade, storage or use of chemicals except for the chemicals mentioned in Clause 2 Article 20 herein shall propose measures before projects come into operation;

- Investors shall make decisions on issuance of such measures and present to competent authorities if required.

4. Responsibilities of entities implementing measures for prevention of and response to chemical emergencies in Vietnam

Responsibilities of entities implementing measures for prevention of and response to chemical emergencies include:

- In the course of production, trade, use or storage of chemicals, entities shall comply with contents stated in measures that have been proposed;

- Measures shall be retained at factories/stores of entities and become the basis for them to carry out supervision of chemical safety;

- Entities shall revise measures in case of any change to the investment process and activities related to the contents proposed in measures.

- Annually organize chemical emergency drills according to the developed plan in the measures for prevention and response to chemical emergencies in the presence or direction of representatives of the local specialized authorities in case the chemical facilities store chemicals on the List of hazardous chemicals subject to formulation of the plan for prevention and response to chemical emergencies, but below the threshold specified in Appendix IV to Decree 113/2017/ND-CP.

(Clause 3, Article 21 of Decree 113/2017/ND-CP (amended in Decree 82/2022/ND-CP)

4. Prohibited acts in chemical-related activities in Vietnam

According to Article 7 of the Law on Chemicals 2007, individuals and organizations are strictly prohibited from performing the following acts in chemical-related activities:

- Producing, trading in, transporting, storing, using, sending or donating hazardous chemicals in contravention of this Law and other relevant legal provisions.

- Failing to disclose necessary information, supplying inadequate or false information or concealing information on hazardous properties of chemicals or hazardous chemical-containing products.

- Using chemicals outside the list of those permitted for use, chemicals not up to quality standards or chemicals in excessive concentrations to produce or preserve food, curative medicines, animal feed, veterinary drugs, plant protection drugs, fertilizers or consumer chemical products.

- Using toxic chemicals to catch or hunt animals or committing acts of infringing upon human health, properties or the environment.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE