THE PROCESS OF CHEMICAL DECLARATION AND REGISTRATION IN VIETNAM

Chemical means a single substance, compound, or mixture of substances exploited or created by humans from natural or artificial sources. The application of chemicals in human life is so great that many businesses have chosen this industry to develop. Currently, the law is very clear about the declaration and registration of chemicals. Through this article, Doanh Tri will clarify the above issue.

I. Legal basis

- Law on Chemicals 2007;

- Decree 113/2017/nd-cp specifying and providing guidelines for implementation of certain articles of the law on chemicals.

II. Chemical Declaration

There are a number of chemicals that must be declared before being imported to Vietnam, to avoid wasting time in warehousing, customers should learn and refer to the chemical declaration procedure before importing goods.

Chemicals subject to chemical declaration

Pursuant to Decree 113/2017/ND-CP guiding the chemical law, the chemicals required to be declared are specified in Appendix V of this Decree.

Note: According to Decree 113/2017/ND-CP, a number of chemicals listed in Appendix V are also included in Appendix I, so, when declared, enterprises also need to meet the following conditions: on sub-licenses for chemical business activities.

Chemicals that do not need to be declared

Some chemicals in Appendix V of Decree 113/2017/ND-CP are exempted under Article 28 of the Decree, including:

1. Chemicals are manufactured or imported in service of national defense and security, responding to natural disasters and emerging epidemics.

2. Chemicals are drug precursors, explosive precursors, industrial explosives, and table chemicals that have been licensed for production or import.

3. Imported chemicals under 10 kg/one-time import. The exemption mentioned at this point does not apply to chemicals restricted from production and trading in the industrial sector.

4. Chemicals being raw materials for drug products for which a certificate of drug registration has been obtained in Vietnam, and raw materials for drug production being active ingredients for production according to drug registration dossiers with a certificate of circulation registration. medicine in Vietnam.

5. Chemicals being raw materials for the production of plant protection drugs have obtained the certificate of registration of pesticides in Vietnam.

Notes for chemical declaration

In the process of chemical declaration, there will be cases that customers need to note as follows:

-  Chemicals in Appendix V but not in the other annexes. In this case, the enterprise declares normal chemicals for import. Currently, the declaration of chemicals made at the national one-stop customs gate only takes 30 minutes since the declaration using the enterprise's digital signature.

- Chemicals fall into the lists of chemicals subject to conditions in the industrial sector, chemicals restricted from trading, banned chemicals, dangerous chemicals... In this case, the enterprise needs to check the license again. on business conditions (license issued by the Department of Chemicals)

Documents to prepare when declaring chemicals

When conducting chemical declaration, it is necessary to prepare the following documents and information:

– Invoice, Packing list of chemicals

– Information about chemical import border gate

– Chemical type information (see if it is on the list or not)

– Chemical Safety Data Sheet (MSDS) (refer to http://vcerc.com/ of chemical safety incident response center)

III. Chemical registration

Chemical registration is regulated in Article 44 of the Law on Chemicals 2007. New chemicals can only be put into use and circulated on the market after being registered at a competent state agency.

New chemical registration dossier

- Application for registration of a new chemical;

- New chemical name according to the guidelines of the International Union of Basic and Applied Chemistry (IUPAC), chemical formula of the chemical;

- Information about the chemical's physical, chemical, and hazardous properties, certified by a new chemical assessment organization.

Regulation of New Chemical Assessment Organizations:

- New chemical assessment organization means an organization capable of evaluating new chemicals, designated by a competent state agency, or a foreign standard-conformity testing organization, which is co-operated with and approved by the Organization. economic development (OECD) recognition on chemical assessment.

- The Minister of Industry and Trade shall stipulate conditions and designate a new chemical assessment organization in Vietnam.

Dossier of registration of a new chemical used for the purpose of scientific research, security protection, social order, and safety includes:

- Application for registration of a new chemical;

- New chemical name according to the guidelines of the International Union of Basic and Applied Chemistry (IUPAC), chemical formula of the chemical;

- Information about the purpose of use, the duration of chemical use.

The above information is about the "The process of chemical declaration and registration in Vietnam". For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:

Hotline: (+84) 911.233.955 - (024) 6293 8326

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