The amendment of the Law on Chemicals is necessary to promptly institutionalize the Party's new guidelines and policies and overcome some problems of the current Law.
Sustainable development of chemical industry
According to the schedule of the 42nd session, the National Assembly Standing Committee will give opinions on explaining, accepting and revising the draft Law on Chemicals (amended) on the morning of February 7, 2025.
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| Minister of Industry and Trade Nguyen Hong Dien gave a speech explaining and clarifying the Law on Chemicals (amended) at the 8th Session of the 15th National Assembly. |
The Law on Chemicals, issued in 2007, is a major step forward in the state management of chemicals in Vietnam. To date, the chemical industry plays an important role in many fields such as agriculture, food industry, pharmaceuticals and consumer goods production.
However, with the strong development of the chemical industry, the current Chemical Law has revealed many shortcomings, failing to meet new challenges in terms of safety, environmental protection and international integration. Therefore, reviewing and adjusting the law is necessary to improve management efficiency and promote sustainable development of the chemical industry.
According to the Ministry of Industry and Trade, after more than 16 years of implementing the 2007 Chemical Law, a number of shortcomings and limitations have been revealed. Regulations for chemical projects mainly focus on requirements for ensuring chemical safety and environmental protection, without mentioning requirements on technology, industry development orientation, product quality or requirements on green chemistry and sustainable development; there are no attractive and stable incentive mechanisms and policies to attract investment in chemical activities.
Regulations on chemical management mainly focus on chemical production, trading and import activities, while regulations on chemical use activities do not ensure effective management, regulations on chemical transportation and disposal are general and have not received attention, leading to management loopholes in the chemical life cycle.
Many consumer products contain hazardous chemicals that can directly affect people or have long-term effects on the environment when disposed of, but the Law has no regulations to regulate them.
The enforcement of laws on chemical management is sometimes not strict. Many dangerous chemicals are misused, causing many difficulties for management agencies and businesses. Many units take lightly the regulations on chemical safety, do not implement them or implement them in a perfunctory and formal manner, failing to ensure the prevention and response to chemical incidents. There is a lack of coordination and information sharing mechanisms among management agencies on chemical management.
Presenting the Report on the draft Law on Chemicals (amended) at the 8th Session of the 15th National Assembly, Minister of Industry and Trade Nguyen Hong Dien said that the Law on Chemicals was passed by the National Assembly on November 21, 2007. After 16 years of implementation, the Government realized that compared to the time of promulgation, the current legal system has changed a lot; the Party and State have issued many major policies and guidelines related to the chemical sector; many new related Laws have also been issued or amended and supplemented by the National Assembly.
In addition, Vietnam has joined many free trade agreements and a number of new international conventions and treaties on chemical management. On the other hand, the practice of law enforcement also shows that some provisions of the current Chemical Law have revealed shortcomings and difficulties, and are no longer suitable to the actual situation.
Therefore, amending the Law on Chemicals is necessary to promptly institutionalize the Party's new guidelines and policies in the chemical field and overcome some difficulties and shortcomings of the current Law, ensuring the consistency and unity of the legal system, in accordance with the current domestic and international context and international commitments that Vietnam has participated in.
The purpose and viewpoint of building the Law on Chemicals (amended) is to promptly and comprehensively institutionalize the Party's guidelines and policies on the development of the chemical industry.
At the same time, comprehensively and synchronously amend the provisions of the Law on Chemicals in the direction of ensuring the inheritance of "ripe, clear, agreed upon by the majority and verified in practice" provisions; abolishing provisions that are no longer suitable, causing difficulties and obstacles; supplementing and developing provisions of a principled and fundamental nature suitable to the new situation, associated with promoting decentralization, delegation of power, reforming administrative procedures and selectively absorbing international experience.
The draft Law on Chemicals (amended) closely follows four major policies agreed upon by the Government and submitted to the National Assembly for approval, including: Sustainable development of the chemical industry into a modern, fundamental industry; synchronous management of chemicals throughout the entire life cycle; management of hazardous chemicals in products; and improving the effectiveness of ensuring chemical safety.
It is necessary to develop appropriate, synchronous and feasible policies.
Speaking to explain and clarify the draft Law on Chemicals (amended) at the 8th Session of the 15th National Assembly on the afternoon of November 23, the Minister of Industry and Trade shared that 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, both ensuring the requirements of state management and encouraging 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".
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| The chemical industry is one of the fundamental industries - Illustration photo |
At the same time, the drafting agency has consistently implemented the Government's viewpoint submitted to the National Assembly: Reducing and simplifying administrative procedures, maximizing the application of information technology to reduce management resources and create convenience for businesses and people; not affecting the effectiveness and efficiency of state management and ensuring the consistency and unity of the legal system.
The policies in the chemical sector in the draft Law have institutionalized the Party's guidelines and policies on the development of the chemical industry (stated in the 10-year Socio-Economic Development Strategy 2021 - 2030 and Resolution of the 6th Central Conference, Session XIII; Conclusion No. 36-KL/TW and Conclusion No. 81-KL/TW of the Politburo on promoting green transformation, circular economy, and equitable energy transition).
According to the Minister, in order to institutionalize the Party's guidelines and policies on developing a number of fundamental industries (including the chemical industry), it is necessary to develop 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 towards an independent and self-reliant economy.
Accordingly, the draft Law maintains the forms of investment incentives as prescribed in the Investment Law, only adjusting the provisions on subjects eligible for incentives and special investment support for projects in the key chemical industry sector and assigning the Government to provide detailed regulations to ensure flexibility in management and suitability with practical investment activities in the chemical sector.
Compared with the current Law on Chemicals, the Law on Chemicals (amended) has also synchronized with regulations to tighten and strengthen 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 the central and local levels.
Discussing the draft Law on Chemicals (amended), National Assembly deputies expressed their agreement with the need to comprehensively amend the law to concretize the Party's policy on developing the chemical industry as well as chemical management, overcoming shortcomings and limitations after 17 years of implementing the law.
Delegate Nguyen Thi Kim Anh, Bac Ninh delegation, affirmed that it is necessary to promulgate the Law to institutionalize the Party's guidelines and policies to identify the chemical industry as one of the fundamental industries, creating strong enough mechanisms and policies to promote the development of the chemical industry.
Delegates also agreed on the management of the chemical system throughout the entire life cycle from production, transportation, export, import, and disposal of chemicals; strict management of hazardous chemicals; and improving the effectiveness of prevention and response to chemical incidents.
Delegate Pham Van Hoa - Dong Thap delegation expressed that it is necessary to promulgate the Law on Chemicals (amended), because this law is very important. In the past, chemicals have served the interests of the nation, the people, economic development, at the same time, chemicals have also served in medicine, research, scientific and technical advances in all fields.
However, chemicals are also toxic to people who use them. If we do not manage them carefully and people use them without knowing, then criminals or greedy businesses will take advantage of toxic chemicals and put them in products and food, which is also very dangerous.
"Therefore, I think it is very necessary to promulgate the Law on Chemicals to limit and amend these shortcomings, promote the value of chemicals for socio-economic development as well as national defense and security," the delegate emphasized.
| The majority of National Assembly delegates agreed on the need to develop the Chemical Law (amended) because this is considered a fundamental industry for every country and every economy; chemicals are everywhere around people now, chemicals converge to serve and surround, so it is very necessary to promulgate the Chemical Law (amended). The delegates also highly appreciated the preparation of the draft Law dossier. |
Source: https://congthuong.vn/can-thiet-sua-doi-luat-hoa-chat-huong-toi-phat-trien-ben-vung-372609.html
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