Not only ensuring chemical security and safety, many opinions expect that the Chemical Law (amended) will create new changes in the Vietnamese economy.
The Law on Chemicals (amended) will reduce 5 groups of administrative procedures
The draft Law on Chemicals (amended) has 89 articles and is structured into 9 chapters, including: Chapter I, general provisions, including 8 articles (from article 1 to article 8); Chapter II, development of the chemical industry, including 6 articles (from article 9 to article 14); Chapter III, management of chemical activities, including 30 articles (from article 15 to article 44); Chapter IV, chemical information, including 11 articles (from article 45 to article 55); Chapter V, hazardous chemicals in products and goods, including 3 articles (from article 56 to article 58); Chapter VI, chemical safety, including 2 sections and 13 articles (from article 59 to article 71); Chapter VII, environmental protection and community safety, including 5 articles (from article 72 to article 76); Chapter VIII, state management of chemicals, including 10 articles (from article 77 to article 86); Chapter IX, implementation provisions, consists of 3 articles (from article 87 to article 89).
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| The draft Law on Chemicals (amended) stipulates 12 groups of administrative procedures. Photo: LA |
According to Mr. Van Huy Vuong - Chemical Industry Development Department - Department of Chemicals (Ministry of Industry and Trade): The draft Law on Chemicals (amended) closely follows the approved outline and 4 policies submitted by the Government to the National Assembly, including: Sustainable development of the chemical industry into a modern, fundamental industry; Synchronous chemical management throughout the entire life cycle; Management of hazardous chemicals in products; Improving the effectiveness of ensuring chemical safety.
In particular, the Draft Law on Chemicals (amended) also stipulates 12 groups of administrative procedures, including: 4 groups of new administrative procedures, 6 groups of amended and supplemented administrative procedures; 2 groups of administrative procedures remain the same. During the implementation of the Law on Chemicals (amended), 9 groups of current administrative procedures in the chemical sector will be abolished.
“Thus, although new administrative procedures have been created, the number of administrative procedures in the chemical sector will be reduced by 5 groups compared to the present. Administrative procedures are being researched and developed in the direction of increasing decentralization, simplifying processes, and promoting the application of information technology. The draft Law on Chemicals (amended) also does not have any provisions that create gender discrimination and the content of the draft Law is compatible with relevant international treaties to which Vietnam is a member,” informed Mr. Van Huy Vuong.
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| The number of administrative procedures in the chemical sector will be reduced by 5 groups compared to present. Photo: VNC |
New expectations for the chemical industry
Evaluating the Law on Chemicals (amended), Mr. Do Thanh Bai - Chairman of the Voluntary Social Responsibility Council of Vietnam Chemical Enterprises said: The old Law on Chemicals mentioned the issue of chemical management, but the Law on Chemicals (amended) being developed by the Department of Chemicals - Ministry of Industry and Trade has a tighter and more comprehensive approach in accordance with the principle of chemical management according to the product life cycle.
According to Mr. Do Thanh Bai, the chemical life cycle is the chemical trading stage. The 2007 Chemical Law has provided very strict procedures for the purchase and sale of chemicals and in the revised Chemical Law, this is also more strictly reinforced.
"When we do a good job with the process and procedures for buying and selling chemicals, incidents similar to the poisoning case involving chemicals can be managed," Mr. Do Thanh Bai informed.
Also talking about the new points in the Chemical Law (amended), Mr. Do Thanh Bai said that the 2007 Chemical Law only mentions the issue of chemical safety, in chemical trade, it only mentions safety, that is, how to use chemicals safely, but has not mentioned the behavior of chemical buyers with bad motives, which is chemical security. Chemical security is not only for chemical management but also for social management. Accordingly, in the Chemical Law (amended), how to manage chemical safety and security has been mentioned more comprehensively.
The revised Chemical Law also has many additional provisions and a very modern approach. The regulations are very strict, based on the experience of the 2007 Chemical Law, so they will bring more feasible signals. However, regarding the content of chemical management according to the life cycle, Mr. Do Thanh Bai said that chemicals are special products, different from other products that everyone must use, so they should be managed by producers, buyers, and sellers. Accordingly, there should be regulations to manage the actions of buyers and sellers of chemicals with bad motives and lack of understanding of chemicals, and the possibility of misuse... The revised Chemical Law needs such legal bases to effectively manage chemicals.
Mr. Do Thanh Bai said that Vietnam's Chemical Law, like that of other countries, wants to control chemicals and control chemical information before they are put on the market. Accordingly, chemical imports must be declared to state agencies, but how to declare must balance the interests of the business with the state management agency. Because in reality, businesses also have their own business secrets, and the declaration process can reveal the business's business secrets.
Accordingly, from world experience, Mr. Do Thanh Bai proposed that the factors that businesses want to keep "secret" but affect public health and the environment must be declared, while the remaining chemicals present in the business's products but do not affect the community and the environment are allowed to be kept secret. This will harmonize the interests of both businesses and the community.
As for state management agencies, when receiving information from businesses, they must make businesses believe that when state agencies receive information, they need to keep it confidential for investors and businesses. Only then will the new Chemical Law contribute to the development of businesses in particular and the economy in general.
Source: https://congthuong.vn/sua-doi-luat-hoa-chat-nhung-ky-vong-moi-356689.html
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