Minister Nguyen Hong Dien explains and clarifies the draft Law on Chemicals (amended)

On behalf of the drafting agency, Minister of Industry and Trade Nguyen Hong Dien respectfully thanked the National Assembly delegates for their frank, responsible and enthusiastic comments on the draft Law on Chemicals (amended).

The Minister said that after the discussion session in groups on November 8, the Ministry of Industry and Trade received 56 comments. Through synthesis, the majority of National Assembly deputies agreed on the necessity of developing the Law on Chemicals (amended), because this is considered a fundamental industry for every country and every economy; chemicals are everywhere around people, chemical products converge, serve and surround. Therefore, it is very necessary to promulgate the Law on Chemicals (amended) to promptly institutionalize the Party's new guidelines and policies in the chemical field and promptly overcome the difficulties and shortcomings of the current Law, ensuring compliance with the practical situation. The deputies also highly appreciated the preparation of the draft law dossier.

According to the Minister, in the process of drafting the Law, the drafting agency has thoroughly grasped the consistent direction of the current Party and State leaders: " Building laws in a constructive direction that both ensures the requirements of state management and encourages creativity, liberating all productive forces ", " Resolutely abandoning the mindset of if you can't manage, then ban "; " The Law only regulates framework issues, issues of principle, and does not need to be too long ". At the same time, the drafting agency has consistently implemented the Government's viewpoint submitted to the National Assembly: Promoting the reduction and simplification of administrative procedures, maximizing the application of information technology to reduce management resources and facilitate businesses; not affecting the effectiveness and efficiency of state management and ensuring the consistency and unity of the legal system.

With the agreement and support of the agency in charge of the review, the Ministry of Industry and Trade has submitted a report to the National Assembly delegates.

At today's discussion session, there were 11 comments to continue contributing to the draft Law. The Minister pledged to direct the Drafting Agency to seriously study and absorb the valid comments of the Delegates to continue perfecting the draft Law to submit to the National Assembly for consideration and approval; at the same time, to clarify a number of issues suggested by the National Assembly Standing Committee and of interest to many National Assembly Delegates, Minister Nguyen Hong Dien mentioned and clarified 7 groups of issues.

The first issue is about the name and scope of the law.

The drafting agency believes that the name of the Law on Chemicals (amended) is appropriate, inherits and develops the current Law on Chemicals and fully covers the content of the four policies of the draft law as well as being consistent with Resolution 41 of the National Assembly Standing Committee.

“Incorporating the opinions of National Assembly deputies, the drafting agency will continue to review and clarify the scope of regulation and principles of application to ensure full coverage of the content, which is to thoroughly grasp the Party's viewpoints and guidelines and is consistent with international practices, but does not create contradictions, overlaps and conflicts with other relevant laws, ” the Minister emphasized.

The second issue is about the State's policies in the chemical sector. The policies in the chemical sector in the draft law have institutionalized the Party and State's guidelines and policies on the development of the chemical industry stated in the 10-year Socio-Economic Development Strategy 2021-2030, Resolution of the 6th Central Conference, Session XIII and Conclusions 36-KL/TW, Conclusion 81-KL/TW of the Politburo on promoting the implementation of green transformation of the circular economy and equitable energy transition.

In response to the delegates' opinions, the drafting agency will continue to coordinate with relevant agencies to conduct additional research and clarify solutions to fully institutionalize the Party and State's guidelines and policies in accordance with international practices to supplement this draft law and other relevant laws to ensure consistency and unity of the legal system.

Third issue , about the development of chemical industry.

According to the head of the Industry and Trade sector, in order to institutionalize the Party's guidelines and policies on industrial development, especially the basic industries, including the chemical industry, it is necessary to build appropriate, synchronous and feasible mechanisms and policies to promote the development of the chemical industry. Because chemicals are increasingly affirming their extremely important role in every economy, contributing to the direction towards an independent and self-reliant economy.

“Accordingly, the draft law maintains the form of investment incentives as prescribed by the Investment Law, while adjusting the regulations on subjects eligible for investment support incentives, especially for projects in the key chemical industry sector, and assigns the Government to provide detailed regulations to ensure flexibility in management and suitability with practical investment activities in the chemical sector, ” said Minister Nguyen Hong Dien.

In response to the delegates' comments, in the coming time, the drafting agency will continue to review and clarify the relationship between the chemical industry development strategy and the national planning system; clarify the subjects and investment incentive policies, and policies to mobilize social resources to create conditions for domestic and foreign investors interested in investing in this important field.

The fourth issue is about the management of chemical activities, especially toxic chemicals that need special control.

To strengthen the management of toxic chemicals, control risks, safety and security from chemicals, the drafting agency has proposed to amend and supplement the draft Law on Chemicals (amended) with the following provisions:

Firstly, amend and supplement regulations on chemicals throughout their entire life cycle, from when chemicals are created or brought into Vietnam until they are circulated, used and treated. Accordingly, the draft law has supplemented regulations on the management of chemical import, production, trading and transportation activities with different levels of strictness to ensure and be suitable for each chemical category, safety in the production and use of chemicals, and environmental safety.

Second , add pre-control measures for the import of chemicals requiring special control, instead of businesses only needing to make automatic chemical declarations as at present, and at the same time propose increasing sanctions for violations to increase deterrence.

Third , supplement regulations on the application of information technology and digital transformation in controlling the purchase and sale of chemicals requiring special control to monitor the entire path of chemicals, from the importing manufacturer to the end user.

Fourth , amend and supplement regulations to strengthen decentralization of management for localities and relevant ministries and branches in the management of units providing services for storing and transporting chemicals requiring special control to enhance safety and security, avoid chemical loss or improper use; at the same time, clearly stipulate the decentralization of appraisal of plans for prevention and response to chemical incidents, especially fire and explosion incidents, for localities to ensure proactiveness and timeliness as many delegates have expressed interest in.

Fifth , supplement the regulation that organizations and individuals using chemicals requiring special control must register the purpose and need to use chemicals on the database to establish an information system serving state management, especially post-inspection work to minimize the misuse of chemicals.

Sixth , because they are toxic chemicals, there must be very specific regulations on the production and storage of toxic chemicals in locations far from residential areas and there must be a special control mechanism for this type of chemical during use and circulation.

“ Compared to the current Law on Chemicals, the Law on Chemicals (amended) has synchronized with regulations to tighten and enhance the management of chemical activities throughout the entire life cycle, especially for chemicals requiring special control. Strengthen decentralization, delegation of authority, and sharing of databases to improve management efficiency at both central and local levels ” - The Commander of the Industry and Trade sector affirmed and added that in the coming time, the drafting agency will continue to closely coordinate with management agencies in the fields of chemical use in researching and assessing risks that may arise from the use stage and assessing in detail the policy impact to propose solutions to regulate the management of toxic chemicals and especially dangerous chemicals, ensuring strictness and effectiveness.

The fifth major issue is the issue of hazardous chemicals in products, goods and chemical safety.

According to the Minister, the opinions of the delegates on this content mainly focused on assessing the compliance with relevant legal provisions to ensure convenience in the implementation process of enterprises as well as compliance with the implementation capacity of state management agencies after the law is promulgated.

These issues have been carefully studied and evaluated by the drafting agency during the process of drafting the law and will continue to perfect the draft to submit to National Assembly deputies.

In response to delegates' opinions, the drafting agency will continue to research and clarify the above contents, especially the issue of data sharing to improve management and report to the National Assembly in the next session.

Sixth issue , state management of chemicals.

Minister Nguyen Hong Dien said that, with its versatility, chemicals can be used in many different industries and fields. Therefore, a type of chemical can be managed by many ministries and branches depending on its purpose of use. Therefore, thoroughly applying the principle of enhancing decentralization and delegation of authority, the draft Law has clearly defined the management responsibilities of each ministry, branch, locality and functional unit.

“ However, to ensure flexibility in operation and long-term stability of the law, the drafting agency will study and absorb in the direction of only including in the law provisions under the authority of the National Assembly, the detailed contents will be assigned to the Government to regulate, at the same time continue to review, evaluate, and clearly stipulate the management responsibilities of management agencies in the production, transportation, and storage of chemicals and continue to review and evaluate the resources of state management agencies at the central and local levels to ensure decentralization and effective implementation of decentralization and decentralization .” - The Minister emphasized.

Seventh issue , on administrative procedures and transitional provisions.

The Minister stated that the draft Law stipulates 12 groups of administrative procedures, of which 4 new groups of administrative procedures arise, but at the same time, 9 groups of current administrative procedures are abolished. Thus, the number of administrative procedures in the chemical sector will be reduced by 5 groups compared to current regulations. The administrative procedures in the draft Law are researched and developed in a direction that strictly adheres to the principle of enhancing decentralization and delegation of authority, while at the same time, simplifying processes and promoting the application of information technology in management.

Regarding the transitional content, the drafting agency will study and absorb in the direction of ensuring that the affected subjects are not negatively affected or have any problems in the process of exercising their rights and obligations with the state management agency; at the same time, in production and business practices, the rights and obligations of the affected subjects will be guaranteed according to the provisions of current law. In case any problems arise during the transitional process, it is proposed that the National Assembly assign the Government to provide specific regulations.

Regarding other opinions of the Delegates, the drafting agency will continue to study and absorb them to complete the draft Law. " After today's discussion session, we will work with the drafting agency to thoroughly examine and study, absorb as much as possible the valid opinions of the Delegates to complete the draft Law, and submit it to the National Assembly for consideration and approval at the next session, " the Minister emphasized.

Source: https://moit.gov.vn/tin-tuc/hoat-dong/hoat-dong-cua-lanh-dao-bo/bo-truong-nguyen-hong-dien-giai-trinh-lam-ro-ve-du-an-luat-hoa-chat-sua-doi-.html