Nghị định 25/2026/NĐ-CP hướng dẫn Luật Hóa chất về phát triển công nghiệp hóa chất và an toàn, an ninh hóa chất

DECREE

ELABORATING THE LAW ON CHEMICALS PERTAINING TO DEVELOPMENT OF CHEMICAL INDUSTRY AND CHEMICAL SAFETY, SECURITY

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Chemicals No. 69/2025/QH15;

Pursuant to Resolution No. 198/2025/QH15 of the National Assembly on special regulations and policies on private economy development;

At request of the Minister of Industry and Trade;

The Government promulgates Decree elaborating the Law on Chemicals pertaining to development of chemical industry and chemical safety, security.

Chapter I

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Article 1. Scope

This Decree elaborates Clause 15 Article 2, Clause 5 Article 4, Clause 5 Article 5, Clause 3 Article 6, Clause 5 Article 8, Clause 5 Article 33, Clause 3 Article 35, Clause 3 Article 36, Clause 2 Article 37, Clause 2 Article 38, Clause 5 Article 39, Clause 3 Article 42, and Clause 4 Article 46 of the Law on Chemicals and solutions for arranging, guiding implementation of the Law on Chemicals pertaining to state management responsibility in development of chemical industry and chemical safety and security; development, inspection, approval, declaration, and arrangement of implementation of Strategy for development of chemical industry; establishment of separation distance from chemical structures; inspection and documentation of chemical safety training; improvement of accidental release prevention and response capability in civil sectors.

Article 2. Regulated entities

Agencies, organizations, and individuals in Vietnam and foreign countries engaged in activities related to chemicals in Vietnamese territory.

Article 3. Definitions

1. Green chemistry principles are a set of principles adopted in designing, choosing technology, equipment, sequences of chemical production, use, and discharge in order to minimize or eliminate the use and creation of dangerous chemicals.

2. A chemical industrial park means an industrial park that specializes in production and provision of services for chemical projects, chemical structures; on which at least 60% of industrial land is reserved to attract chemical projects, chemical structures, and projects that utilize products of chemical industry produced in industrial parks as ingredients, solvents, catalysts for production.

Article 4. State management responsibility in development of chemical industry and chemical safety and security

1. The Government shall perform joint state management regarding development of chemical industry and chemical safety, security on a nationwide scale.

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a) promulgate at their discretion within their powers or request competent authorities to promulgate legislative documents; strategies, plans, projects, schemes; national programs and activities pertaining to development of chemical industry and chemical safety, security;

b) take charge and cooperate with ministries, ministerial agencies, and People’s Committees of provinces (hereinafter referred to as “provincial People’s Committees”) in developing and submitting Strategy for development of chemical industry (hereinafter referred to as “the Strategy”) to the Prime Minister for approval; guiding and supervising implementation of the Strategy;

c) communicate, popularize, and provide education pertaining to development of chemical industry and chemical safety, security;

d) receive and settle complaints, denunciations, recommendations, feedback pertaining to development of chemical industry and chemical safety, security within jurisdiction of the Ministry of Industry and Trade;

dd) implement international cooperation in development of chemical industry and chemical safety, security within jurisdiction of the Ministry of Industry and Trade;

e) govern chemical safety in civil sector; cooperate with relevant agencies in preventing, responding to, and remediating chemical incidents in accordance with this Decree;

g) conduct specialized inspection of chemical operations within jurisdiction of the Ministry of Industry and Trade.

3. The Ministry of Health shall, within their tasks and powers:

a) promulgate at their discretion within their powers or request competent authorities to promulgate legislative documents; plans, programs, projects, schemes pertaining to development of chemical industry and chemical safety, security in medical sector;

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c) receive and settle complaints, denunciations, recommendations, feedback pertaining to development of chemical industry and chemical safety, security within jurisdiction of the Ministry of Health;

d) implement international cooperation in development of chemical industry and chemical safety, security within jurisdiction of the Ministry of Health;

dd) govern chemical safety in activities that utilize chemicals in medical sector;

e) conduct specialized inspection of chemical operations within jurisdiction of the Ministry of Health.

4. The Ministry of Agriculture and Environment shall, within their tasks and powers:

a) promulgate at their discretion within their powers or request competent authorities to promulgate legislative documents; plans, programs, projects, schemes pertaining to development of chemical industry and chemical safety, security in agriculture and environment sectors;

b) communicate, popularize, and provide education pertaining to chemical safety, security in agriculture and environment sectors;

c) receive and settle complaints, denunciations, recommendations, feedback pertaining to development of chemical industry and chemical safety, security within jurisdiction of the Ministry of Agriculture and Environment;

d) implement international cooperation in development of chemical industry and chemical safety, security within jurisdiction of the Ministry of Agriculture and Environment;

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e) conduct specialized inspection of chemical operations within jurisdiction of the Ministry of Agriculture and Environment.

5. The Ministry of Public Security shall, within their tasks and powers:

a) promulgate at their discretion within their powers or by requesting competent authorities to promulgate legislative documents; strategies, plans, projects, schemes; national programs and activities pertaining to development of chemical industry and chemical safety, security within jurisdiction of the Ministry of Public Security;

b) communicate, popularize, and provide education pertaining to chemical safety, security in jurisdiction of the Ministry of Public Security;

c) receive and settle complaints, denunciations, recommendations, feedback pertaining to development of chemical industry and chemical safety, security within jurisdiction of the Ministry of Public Security;

d) govern chemical safety activities in social security, order, and safety; direct fire and rescue department to prepare forces, equipment, facilities, and accidental release plans; cooperate with the military and local governments in evacuating local inhabitants from endangered areas and participate in rescue, remediation of chemical incidents;

dd) conduct specialized inspection of chemical activities within jurisdiction of the Ministry of Public Security.

6. The Ministry of National Defense shall, within their tasks and powers:

a) promulgate at their discretion within their powers or by requesting competent authorities to promulgate legislative documents; strategies, plans, projects, schemes; national programs and activities pertaining to development of chemical industry and chemical safety, security within jurisdiction of the Ministry of National Defense;

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c) receive and settle complaints, denunciations, recommendations, feedback pertaining to development of chemical industry and chemical safety, security within jurisdiction of the Ministry of National Defense;

d) govern chemical safety in national defense; direct, cooperate with local governments and relevant entities in developing solutions, prepare forces, vehicles, and equipment for: responding to chemical emergencies, conducting search and rescue in case of chemical incidents;

dd) conduct specialized inspection in chemical activities within jurisdiction of the Ministry of National Defense.

7. Steering Committee for National Civil Defense shall take charge, cooperate with the Ministry of Industry and Trade, the Ministry of National Defense, the Ministry of Public Security, and local governments in directing, examining development of provincial accidental release plans, training, drill, and response to chemical incidents of local administrative divisions.

8. The Ministry of Science and Technology shall, within their tasks and powers:

a) promulgate at their discretion within their powers or request competent authorities to promulgate regulations that encourage enterprises to adopt sensory, AI surveillance camera, early warning technologies;

b) develop and submit connection standard for data on chemical safety between enterprises, local governments, and state authorities to competent authorities for promulgation.

9. Government Inspectorate shall perform state management of inspection, citizen reception, settlement of complaints and denunciations, prevention of, combat against corruption and vices in chemical industry; conduct inspection, citizen reception, settlement of complaints and denunciations, prevention of, combat against corruption, waste, vices in chemical industry as per the law.

10. People’s Committees of all levels shall, within their tasks and powers, exercise state management pertaining to development of chemical industry and chemical safety, security in their administrative divisions in accordance with this Decree and:

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b) decide at their discretion or request competent authorities to allocate state budget, land fund for investment or assistance in investment in industrial parks specialized in chemical as per the law;

c) develop and arrange implementation of details of approved strategy for development of chemical industry pertaining to development of local chemical industry in a manner compliant with local socio-economic development goals in development and adjustment to local development planning.

11. Ministries, ministerial agencies, other agencies and organizations shall, within their tasks and powers, have the responsibility to take charge or cooperate in performing state management pertaining to development of chemical industry and chemical safety, security as per the law.

Chapter II

STRATEGY FOR DEVELOPMENT OF CHEMICAL INDUSTRY

Article 5. Contents of the Strategy for development of chemical industry

Contents of the Strategy must satisfy requirements under Clause 2 Article 4 of the Law on Chemicals No. 69/2025/QH15 and the following:

1. Analysis and evaluation of natural conditions, situations of development of chemical industry.

2. Analysis and outlook of domestic and international development trends; analysis of factors affecting development of chemical industry during development of the Strategy.

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4. Tasks, solutions, programs for development, resources, and arrangement of implementation, examination, and supervision of implementation of the Strategy.

Article 6. Development of Strategy for development of chemical industry

1. The Ministry of Industry and Trade shall take charge and cooperate with ministries, ministerial agencies, and provincial People's Committees in developing the Strategy.

2. In the process of developing the Strategy, the Ministry of Industry and Trade has the responsibility to consult relevant agencies and organizations for draft Strategy. The draft Strategy, with the exception of contents relating to state secrets as per the law, must be uploaded on website of the Ministry of Industry and Trade for at least 15 working days to enable agencies, organizations, and individuals to provide feedback.

3. Agencies assigned to develop the Strategy have the responsibility to evaluate strategic environment in accordance with environmental protection laws. Strategic environment evaluation results shall be integrated in reports presenting the Strategy.

4. When necessary, agencies assigned to develop the Strategy can choose consulting entities to assist in development process in accordance with bidding laws.

Article 7. Inspection and approval of the Strategy

1. Inspection of the Strategy

a) The Strategy shall be inspected by a council. The Minister of Industry and Trade shall establish the Council for inspection of the Strategy (hereinafter referred to as “inspection Council”);

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2. Approval for the Strategy

a) Request for approval for the Strategy consists of: Written submission to the Prime Minister; Draft documents approving the Strategy; Report presenting the Strategy that has been incorporated with strategic environment evaluation results; Report consolidating, presenting, and acknowledging feedback of agencies, organizations, and individuals pertaining to the Strategy; Report on inspection results; Report presenting and acknowledging inspection results; other relevant documents (if nay);

b) Reception and consideration of written request for approval of the Strategy and approval for the Strategy shall be implemented in a manner compliant with Regulation on operations of the Government.

Article 8. Declaration of the Strategy

1. The Strategy must be publicly declared after it is approved with the exception of contents related to state secrets as per the law.

2. Office of the Government and the Ministry of Industry and Trade have the responsibility to publicly declare the Strategy and upload Decision of the Prime Minister approving the Strategy on their websites.

Article 9. Arrangement of implementation of the Strategy

1. After the Strategy is approved, the Ministry of Industry and Trade shall develop and promulgate action plan for implementation of the Strategy. Ministries, ministerial agencies, and local governments have the responsibility to arrange implementation of tasks and solutions within their assignment under documents approving the Strategy and action plan for implementation of the Strategy.

2. Agencies developing regional planning shall rely on the approved Strategy to prepare details pertaining to development of chemical industry in development direction for regionally advantageous industries and solutions for developing, arranging, selecting, and distributing development resources in their regions.

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4. In the process of deciding or approving investment guidelines of chemical projects, competent authorities entitled to deciding or approving investment guidelines of chemical projects have the responsibility to review conformity of the projects with the Strategy.

5. Before March 15 each year, ministries, ministerial agencies, the provincial People’s Committees have the responsibility to update implementation results of tasks and solutions under Clause 1 of this Article on specialized database on chemicals.

6. Responsibility to update chemical projects on specialized database on chemicals

a) Prior to completion and use of structures, project developers shall update project schedule based on progress of investment and construction;

b) Organizations and individuals operating chemical projects after completing and using structures have the responsibility to update production and business operations on a periodic basis before February 15 each year.

7. Expenditure on preparation, inspection, approval, and arrangement of implementation of the Strategy shall be covered by state budget in accordance with state budget laws and other legitimate funding sources.

8. The Minister of Industry and Trade shall prescribe document forms for updating information under Clause 5 and Clause 6 of this Article on specialized database on chemicals.

Article 10. Amendment to the Strategy

1. The Strategy shall undergo amendment where:

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b) There are changes related to international commitments to which Vietnam is a signatory;

c) National defense and security demand so;

d) Amendment is needed according to mid-term or end-term Strategy implementation supervision and evaluation results or direction of competent authorities.

2. Procedures for amending the Strategy shall conform to regulations on developing, inspecting, and approving the Strategy in accordance with Article 6 and Article 7 hereof.

Chapter III

CHEMICAL PROJECT

Article 11. Green chemistry principles in designing and choosing technology, equipment

1. In the process of designing and choosing technology and equipment, project developers and consulting entities in charge of designing chemical projects must adopt green chemistry principles below:

a) Using manufacturing process that reduces or or does not create hazardous wastes;

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c) Analyzing in real time in order to supervise and control emission;

d) Adopting solutions for minimizing risks.

2. In the process of designing and choosing technology and equipment, project developers and consulting entities in charge of designing chemical projects are encouraged to adopt green chemistry principles below:

a) Studying and developing chemicals, products that are equally safe, capable, and effective but less hazardous;

b) Studying and developing substances and products that are biodegradable after they have served their functionalities;

c) Employing chemical synthesis processes that are less hazardous, minimizes or eliminates the use and creation of substances that are harmful to human health and biology environment;

d) Employing chemical synthesis processes and reactions that do not create many chemical intermediates;

dd) Employing technologies or chemical reactions that optimize input materials (atom economy);

e) Employing catalysts to improve reaction effectiveness;

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h) Limiting or eliminating the use of harmful solvents and chemical auxiliaries and employing safer alternatives;

Article 12. Evaluation of fulfillment of separation distance regulations for location of chemical projects

1. In respect of chemical projects where technical regulations on separation distance according to Article 28 hereof are mandatory and which require competent authorities to decide investment guidelines in accordance with public investment laws:

a) Project developers of chemical projects have the obligation to file report on conformity of project location to separation distance under reports proposing investment guidelines or pre-feasibility study before requesting competent authorities to decide on investment guidelines;

b) Competent authorities entitled to deciding investment guidelines have the responsibility to evaluate fulfillment of separation distance regulations of location of chemical projects before deciding investment guidelines;

c) Point a and Point b of this Clause are integral parts of application and procedures for deciding investment guidelines in accordance with public investment laws.

2. In respect of chemical projects where technical regulations on separation distance according to Article 28 hereof are mandatory and which require competent authorities to approve investment guidelines in accordance with public investment laws:

a) Project developers of chemical projects have the obligation to file reports on conformity of project location to separation distance regulations under reports proposing investment projects before requesting competent authorities to approve investment guidelines;

b) Competent authorities entitled to approving investment guidelines have the responsibility to evaluate fulfillment of separation distance regulations for chemical project location before approving investment guidelines;

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3. In respect of chemical projects where technical regulations on separation distance according to Article 28 hereof are mandatory and which do not require competent authorities to approve or decide investment guidelines in accordance with public investment laws:

a) Organizations and individuals entitled to making project investment decisions in accordance with construction laws have the obligation to evaluate and assume accountability to fulfill separation distance for chemical project locations before approving projects and making investment decisions;

b) Organizations and individuals entitled to making project investment decisions must not approve projects or make investment decisions if separation distance regulations are not met.

Article 13. Contents of feasibility study of construction investment, economic - technical investment reports of chemical projects

1. Feasibility study of construction investment and economic - technical investment reports of chemical projects shall conform to construction laws and contain additional contents below:

a) Clarification of conformity of feasibility study of construction investment and economic- technical investment reports to technical standards, technical regulations, and regulations on chemical safety in technical standards and technical regulations applied for the purpose of developing fundamental design;

b) Clarification of green chemistry principles applied in design and selection of technologies, equipment in selected technology, technical, and equipment solutions.

2. Inspection of feasibility study of construction investment and economic - technical investment reports of chemical projects shall conform to construction laws and include additional contents below:

a) Assessment of conformity of feasibility study of construction investment and economic - technical investment reports of chemical projects to technical standards, technical regulations, regulations of the law pertaining to chemical safety during inspection of conformity to technical regulations and application of standards as per the law.

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Article 14. Scale and progress of disbursement of projects in primary fields of chemical industry

1. Investment projects that fall under sectors specified under Points a, b, and c Clause 1 Article 6 of the Law on Chemicals No. 69/2025/QH15, of which investment complies with Clause 2 of this Article, and of which investment is disbursed at least one-third within 3 years from the date on which certificate of investment registration or written approval for investment guidelines or written decision of investment guidelines is issued shall be eligible for incentives and special investment assistance in accordance with investment laws and relevant law provisions, including: incentives in terms of corporate income tax, import duties, land levy, land rents, land tax; incentives in terms of contractor selection; assistance in development of technical infrastructures, social infrastructures; assistance in accessing land, production and business premise; training and development of human resources; assistance of investment finance and credit; assistance in science, technical aspects, technology transfer, innovation, digital transformation, market development, information disclosure; other forms of incentives and investment assistance.

2. Investment of projects under Clause 1 of this Article is:

a) 160 billion VND or higher in case of a project for producing pharmaceutical chemistry products for use as medicinal ingredients;

b) 4.6 billion VND or higher in case of a project for producing basic chemical products in primary fields of chemical industry; petrochemical products; pharmaceutical chemistry products used as ingredients for dietary supplements; hydrogen and ammonia via renewable energy sources;

c) 10.000 billion VND or higher in case of a project for producing rubber products except tyres; high nutrient fertilizers; investing in industrial parks specializing in chemicals; investing in chemical structure complex of which primary goals are producing chemicals and chemical industry products.

3. When necessary, competent authorities entitled to issuing certificate of investment registration or approving investment guideline or deciding investment guidelines shall consult the Ministry of Industry and Trade regarding conformity of investment projects to primary fields of chemical industry under Clause 1 Article 6 of the Law on Chemicals No. 69/2025/QH15.

4. Competent persons and project developers can choose either order placement or limited bidding or direct contracting or other appropriate methods as per the law in order to execute investment projects under Clause 1 Article 6 of the Law on Chemicals No. 69/2025/QH15 in a manner that ensures openness, transparency, quality, progress, effectiveness, and accountability.

Chapter IV

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Article 15. Eligibility of organizations providing construction consulting services for chemical projects

An organization providing construction consulting services for chemical projects must satisfy Point a and Point b Clause 1 Article 8 of the Law on Chemicals No. 69/2025/QH15 and must employ at least one person engaged in consulting activity who satisfies requirements below:

1. He/she must be in possession of a bachelor’s degree or equivalent or higher in a chemistry major under the list specified in Appendix III attached hereto.

2. He/she must have working experience as follows:

a) In respect of construction consulting services for chemical projects consisting of class I structures or higher: He/she has held a position related to technical aspects, technology, or chemical safety in chemical projects for 7 years or higher or has engaged in construction consulting operations for chemical projects consisting of class I structures or higher.

b) In respect of construction consulting services for chemical projects consisting of class II structures: He/she has held a position related to technical aspects, technology, or chemical safety in chemical projects for 4 years or higher or has engaged in construction consulting operations for chemical projects consisting of class II structures or higher;

b) In respect of construction consulting services for chemical projects consisting of class III structures or lower: He/she has held a position related to technical aspects, technology, or chemical safety in chemical projects for 2 years or higher or has engaged in construction consulting operations for chemical projects.

Article 16. Eligibility for certificate of eligibility for chemical industry consulting for individuals providing consulting services for technology and equipment selection of chemical projects

1. Certificate of eligibility for chemical industry consulting shall be issued to an individual engaged in technology and equipment selection consulting of chemical projects if he/she:

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b) satisfies working experience requirement under Clause 2 of this Article.

2. Working experience requirement of individuals engaged in technology and equipment selection consulting of chemical projects:

a) An individual applying for A1-class certificate: has engaged in work related to chemical technology and engineering for 7 years or more; has engaged in work related to technology and equipment selection consulting for 2 chemical projects consisting of class II structures or higher;

b) An individual applying for A2-class certificate: has engaged in work related to chemical technology and engineering for 4 years or more; has engaged in work related to technology and equipment selection consulting for 2 chemical projects consisting of class III structures or higher;

c) An individual applying for A3-class certificate: has engaged in work related to chemical technology and engineering for 4 years or more.

3. Operating scope of individuals engaged in technology and equipment selection consulting of chemical projects:

a) A person holding A1-class certificate of eligibility for chemical industry consulting may undertake work related to technology and equipment selection consulting of any chemical project;

b) A person holding A2-class certificate of eligibility for chemical industry consulting may undertake work related to technology and equipment selection consulting of chemical projects consisting of class II structures or lower;

c) A person holding A3-class certificate of eligibility for chemical industry consulting may undertake work related to technology and equipment selection consulting of chemical projects consisting of class III structures or lower.

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Article 17. Eligibility of organizations engaged in technology and equipment selection consulting of chemical projects

1. Organizations engaged in technology and equipment selection consulting of chemical projects must satisfy Point a Clause 2 Article 8 of the Law on Chemicals No. 69/2025/QH15

2. Organizations engaged in technology and equipment selection consulting of chemical projects consisting of class I structures or higher must employ at least 2 full-time consultants who are in possession of A1-class certificate in accordance with labor laws.

3. Organizations engaged in technology and equipment selection consulting of chemical projects consisting of class II structures must employ at least 1 full-time consultant who is in possession of A1-class or A2-class certificate in accordance with labor laws.

4. Organizations engaged in technology and equipment selection consulting of chemical projects consisting of class III or IV structures must employ at least 1 full-time consultant who is in possession of A1-class or A2-class or A3-class certificate in accordance with labor laws.

5. Organizations engaged in technology and equipment selection consulting must utilize software that serves technology and equipment design, selection.

Article 18. Eligibility for certificate of eligibility for chemical industry consulting for individuals engaged in chemical safety, security consulting

1. Certificate of eligibility for chemical industry consulting shall be issued to an individual engaged in chemical safety, security consulting if he/she:

a) is in possession of a bachelor’s degree or equivalent or higher in a chemistry major under the list specified in Appendix III attached hereto; and

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c) satisfies professional working experience corresponding to subject matter that he/she is consulted in accordance with Clause 2 of this Article.

2. Professional working experience and operating scope of individuals engaged in chemical safety, security consulting:

a) An individual who has engaged in the development of 5 provincial drill programs shall be eligible for B-class certificate to undertake national response drill consulting and other consulting work under Points c, d, dd, e, g, and h under this Clause;

b) An individual who has engaged in the development of 2 provincial accidental release plans or more which have been approved then promulgated in the last 2 years from the date on which application for certificate is submitted shall be eligible for B-class certificate to undertake development consulting for national accidental release plans and other consulting work under Points c, d, dd, e, g, and h under this Clause.

c) An individual who has engaged in the development of 2 drill programs of chemical facilities shall be eligible for B-class certificate to undertake chemical facility response drill consulting.

d) An individual who has engaged in development of 2 provincial drill programs or more shall be eligible for B-class certificate to undertake provincial and chemical facility response drill consulting.

dd) An individual who has engaged in the development of 2 accidental release plans of chemical facilities which have been approved in the last 2 years from the date on which application for certificate is submitted shall be eligible for B-class certificate to undertake accidental release plan development consulting for chemical facilities and chemical projects.

e) An individual who has engaged in the development of 2 provincial accidental release plans or more which have been approved in the last 2 years from the date on which application for certificate is submitted shall be eligible for B-class certificate to undertake development consulting for provincial accidental release plans.

g) An individual who has engaged in 5 chemical industry safety training programs as an instructor or an assistance instructor in the last 2 years from the date on which application for certificate is submitted shall be eligible for B-class certificate to undertake chemical industry safety training consulting for group I, group II, and group III individuals under Clause 3 Article 29 hereof.

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Article 19. Eligibility of organizations engaged in chemical safety, security consulting

1. Organizations engaged in chemical safety, security consulting must satisfy Point a Clause 2 Article 8 of the Law on Chemicals No. 69/2025/QH15.

2. Organizations engaged in chemical safety, security consulting must employ at least one consultant who is in possession of certificate of eligibility for chemical industry consulting appropriate to his/her assigned work according to Article 18 hereof.

3. Organizations engaged in chemical safety, security consulting must use technical equipment and instrument necessary for consulting operations: Personal protective equipment appropriate to danger of chemicals, equipment, and instruments used in chemical incident response practice or drills.

Article 20. Certificate of eligibility for chemical industry consulting

1. Certificate of eligibility for chemical industry consulting (hereinafter referred to as “consulting certificate”) shall be issued to Vietnamese citizens, overseas Vietnamese, foreigners lawfully working or residing in Vietnam to conduct consulting activities under Clause 3 Article 8 of the Law on Chemicals No. 69/2025/QH15.

2. Effective period of new and amended consulting certificate shall be 5 years from the date of issue. Effective period of consulting certificate of foreigners shall be determined by remaining effective period of their work permit or temporary residence card issued by competent authority to a maximum of 5 years.

Effective period of re-issued consulting certificate shall be compliant with expiry specified on the previous consulting certificate.

3. Format and contents of consulting certificate are compliant with Form No. 1 under Appendix attached hereto.

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Article 21. Issuance, re-issuance, amendment, and revocation of consulting certificate

1. Consulting certificate shall be:

a) issued for the first time; re-issued where previous certificate expires or where cases under Point b of this Clause do not apply;

b) re-issued where effective consulting certificate is lost or damaged; where personal information is adjusted or revised; where issuing authority specifies the wrong information;

c) amended where class of consulting certificate or group of eligible individual is adjusted;

d) issued to foreigners whose consulting certificate is issued in accordance with Point a of this Clause and work permit or temporary residence card expires fore consulting certificate after renewing their work permit or temporary residence card to allow the foreigner to continue consulting work at Vietnam.

2. Consulting certificate shall be revoked where:

a) Certificate holder no longer satisfies eligibility for consulting certificate according to Clause 1 Article 16 and Clause 1 Article 18 hereof;

b) Contents of application for consulting certificate are fabricated or falsified;

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d) Consulting certificate is adulterated or otherwise altered;

dd) Consulting certificate is not issued in a manner that respects issuing entitlement or to the wrong recipients;

e) Consulting certificate is issued to individuals who do not meet requirements pas her the law;

g) Certificate holders commit violations and are subject to revocation of the certificate according to request of competent authorities;

h) Certificate holder no longer has need for their certificate and requests issuing authority to revoke their certificate.

3. Individuals whose certificate has been revoked can apply for new consulting certificate:

a) After 24 months from the date on which decision on revocation of consulting certificate is issued for cases under Points b, c, d, and g Clause 2 of this Article;

b) After a period dictated by decision on administrative penalty in form of revocation of consulting certificate or suspension of operation for cases under Point h Clause 2 of this Article.

Article 22. Application for issuance, re-issuance, amendment of consulting certificate

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a) Original copy of application for consulting certificate in case of in-person submission or submission via post service; or scanned copy of the original copy of the application in case of online submission;

b) A colored portrait in 4 x 6 cm with white background of applicant taken in the last 6 months;

c) Copies of certified degree or certified electronic files as per the law issued by training facilities appropriate to field and class of certificate that the applicant is applying for; transcript or degree appendix where training major is not specified on the degree for examination and evaluation (in case of degrees issued by foreign training facilities or, in case of foreigners and overseas Vietnamese, consular legalized copies and notarized Vietnamese translations, certified copies according to Vietnam’s law; or degrees issued by foreign training facilities and recognized by Vietnam's education system for other cases);

d) Documents proving working experience at appropriate positions are certified true copies or certified electronic files as per the law or any of the following documents: Decision on assignment, re-assignment, recruitment, seconding, mobilization; working contracts or employment contracts; payroll or documents proving participation in social insurance; written confirmation of working process;

dd) Documents proving appropriate professional working experience are certified true copies or certified electronic files of any of the following documents: Decisions on task assignment by organizations to individuals or written confirmation of legitimate representatives of project developers and accountability for authenticity of completed tasks according to declaration; economic contracts and commissioning records for declared tasks;

e) Certified true copies or certified electronic files as per the law of documents on residence or work permit in Vietnam for foreigners or overseas Vietnamese.

2. Application for re-issuance of consulting certificate consists of:

a) Original copy of application for re-issuance of consulting certificate in case of in-person submission or submission via post service; or scanned copy of the original copy of the application in case of online submission;

b) A colored portrait in 4 x 6 cm with white background of applicant taken in the last 6 months;

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3. Application for amendment to consulting certificate consists of:

a) Original copy of application for amendment to consulting certificate in case of in-person submission or submission via post service; or scanned copy of the original copy of the application in case of online submission;

b) A colored portrait in 4 x 6 cm with white background of applicant taken in the last 6 months;

c) Documents under Points c, d, dd, and e Clause 1 of this Article.

4. Applicants shall pay fees according to regulations of the law on fees and charges upon submitting application for issuance, re-issuance, and amendment to consulting certificate unless re-issuance is a result of incorrect information specified by issuing authority.

Article 23. Procedures and entitlement to issuance, re-issuance, amendment, and revocation of consulting certificate

1. Applicants shall submit application for issuance, re-issuance, amendment to consulting certificate to competent issuing authority:

a) In person at Single-window department;

b) Via post service;

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2. Competent issuing authority has the responsibility to evaluate fulfillment of issuance eligibility and issue consulting certificate after receiving adequate application under Clauses 1, 2, and 3 Article 22 hereof. Where application is rejected, competent issuing authority must inform the applicant in writing about the rejection and reason therefor.

3. Time limit for issuance of consulting certificate:

a) 10 working days for issuance;

b) 5 working days for re-issuance;

c) 10 working days for amendment.

4. For the purpose of revoking consulting certificate:

a) Within 10 working days from the date on which investigation and examination conclusion produced by competent authority that recommends revocation of consulting certificate or identifies basis for revocation of consulting certificate under Clause 2 Article 21 hereof, competent authority entitled to revocation of consulting certificate shall promulgate decision on revocation; where consulting certificate is not revoked, competent authority entitled to revocation shall inform agencies, organizations, and individuals requesting revocation in writing and reasons for rejection;

b) Competent authority entitled to revocation of consulting certificate has the responsibility to send decision on revocation to certificate holder whose certificate is to be revoked;

c) Individuals whose certificate is revoked must submit original copy of their consulting certificate to authority that issues revocation decision within 5 working days from the date on which the decision is issued;

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5. Competent authority entitled to issuance, re-issuance, amendment, and revocation of consulting certificate has the responsibility to update information on issued, re-issued, amended, revoked certificate on chemical database.

6. Provincial People’s Committees of administrative divisions where applicant registers permanent residence shall issue, re-issue, amend, revoke consulting certificate.

7. The Minister of Industry and Trade shall provide guidelines pertaining to sample documents on issuance, re-issuance, amendment, revocation of consulting certificate.

Article 24. Rights and obligations of applicants for consulting certificate

1. Applicants for consulting certificate have the right to:

a) request information pertaining to issuance of consulting certificate;

b) file complaint or denounce violations of the law pertaining to issuance of consulting certificate.

2. Applicants for consulting certificate have the obligation to:

a) truthfully file application for issuance of consulting certificate in accordance with this Decree; assume legal responsibility for contents that they declare in the application; provide information at request of competent authority;

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c) not let other people hire, borrow, use their consulting certificate;

d) not fabricate or alter consulting certificate;

dd) present consulting certificate and comply with inspection and examination request of competent authority.

Chapter V

SAFETY AND SECURITY ASSURANCE IN CHEMICAL ACTIVITIES

Article 25. Fulfillment of technical and facility requirements in chemical activities

1. Factory workshops and storage units must satisfy safety requirements in chemical activities in accordance with technical regulations, national standards, and relevant law provisions.

2. Manufacturing equipment, machinery, packaging, and containers used in chemical activities must satisfy requirements below:

a) Equipment and machinery used for chemical production are so selected to minimize risk of chemical incidents, environmental pollution and satisfy fire safety requirements;

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c) Packaging and containers of chemicals must be airtight, durable, appropriate to the type of chemicals, must not leak chemicals, must be resistant to contained chemicals, weather, and regular impacts during storage, handling, and transportation.

Used packaging and containers must be stored separately. Prior to filling chemicals, filling facilities must examine packaging and containers, clean used packaging and containers to prevent reaction and fire when filling. Used packaging and containers that are not reused must be collected and handled in accordance with environmental protection laws;

d) Chemical packaging and containers must be labeled in accordance with regulations on chemical labeling. Chemical labels must be legible, comprehensive, and resistant to effects of chemicals, weather, and other impacts during storage, handling, and transportation.

3. Fire safety equipment and equipment used for accidental chemical release prevention and response, personal protective equipment in chemical activities must satisfy requirements below:

a) Fire prevention and firefighting system of workshops and storage units must satisfy fire prevention and firefighting laws;

b) Equipment used for accidental chemical release prevention and response must be adequate according to approved Accidental release plans or promulgated Accidental release measures at chemical facilities;

c) Personal protective equipment must be adequate in terms of type, quantity, and quality according to occupational safety and hygiene laws and appropriate to available type of chemicals.

4. Organizations and individuals using chemicals for domestic purposes or essential activities shall conform to safety instructions of manufacturers.

Article 26. Safety and security assurance in general chemical transportation

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1. Vehicles, equipment, and containers used for chemical transportation must be registered, inspected, and licensed for transportation of dangerous chemicals in accordance with regulations of the law pertaining to transportation of dangerous cargo.

2. Vehicles, equipment, and containers used for chemical transportation must meet general safety requirements according to national standards, technical regulations; be so selected to minimize chemical incidents, environmental pollution and satisfy fire safety requirements appropriate to the type of chemicals and scale at which the chemicals are transported.

3. Packaging and containers of chemicals must be airtight, durable, appropriate to the type of chemicals, must not leak chemicals, must be resistant to contained chemicals, weather, and regular impacts during handling and transportation. Used packaging must be stored separately. Used packaging and containers that are not reused must be collected and handled in accordance with environmental protection laws.

4. Chemical packaging and containers must be labeled in accordance with regulations on chemical labeling. Chemical labels must be legible, comprehensive, and resistant to effects of chemicals, weather, and other impacts during storage, handling, and transportation.

5. Personal protective equipment and equipment for accidental release response to be used by drivers and cargo supervisors must be adequate in terms of type, quantity, and quality according to Accidental release measures for transportation and compliant with occupational safety and hygiene laws.

6. Prior to transporting chemicals, transport vehicles must be examined for safety; used packaging and containers of chemicals must be thoroughly cleaned in order to eliminate risk of reaction or fire in transportation.

7. Accidental release measures for chemical transportation must be kept in transport vehicles during transportation in physical or electronic form.

Article 27. Professional qualifications for chemical safety supervisors

1. Organizations and individuals manufacturing chemicals must employ chemical safety supervisors who are in possession of bachelor’s degree or equivalent or higher in a chemistry major in the list under Appendix III attached hereto.

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3. Organizations and individuals transporting chemicals shall conform to regulations of the law pertaining to transportation of dangerous cargo.

4. Organizations and individuals studying, testing chemicals shall conform to science and technology laws.

Article 28. Establishing separation distance from chemical structures

1. Governing ministries shall arrange development and promulgation of technical regulations on separation distance for dangerous chemical manufacturing, and storage facilities within their jurisdiction.

2. Responsibility to establish separation distance:

a) Separation distance from investment projects that involve manufacturing and storage of dangerous chemicals must be established towards residential areas, public structures, national defense structures, military zones, security structures, historical - cultural heritages, tourist attractions, natural sanctuaries, and areas where sources of tap water are located;

b) Organizations and individuals are not allowed to build houses or other structures within separation distance under Clause 1 of this Article except for specialized structures serving national security, national defense, infrastructure traffic, energy security in which case provincial People’s Committees shall approve the construction of these specialized structures within the separation distance.

Chapter VI

CHEMICAL INDUSTRY SAFETY TRAINING

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1. Organizations and individuals engaged in chemical activities have the responsibility to arrange chemical industry safety training for individuals under Clause 3 of this Article on a periodic basis once every 2 years except for activities that use chemicals for domestic, essential needs and chemical transportation via road motorized vehicles or inland watercraft. Chemical industry safety training shall be arranged by organizations and individuals at their discretion or via consulting organizations. Organizations, individuals, and consulting organizations are legally responsible for quality of chemical industry safety training.

2. Individuals who have finished training must repeat training: In case of changes to type of chemicals, technology, facilities, manufacturing solutions related to working positions; or where the trained individuals; or where the individuals fail to pass 2 exams; or where 2 years have passed since the last time the individuals underwent training.

3. Individuals undergoing chemical industry safety training:

a) Group 1, including:

Figureheads of organizations and facilities engaged in chemical production; figureheads of departments, boards, affiliated branches, managers of factory workshops or equivalent in charge of chemical activities;

Deputies of figureheads under Point a Clause 3 of this Article tasked with coordinating chemical activities.

b) Group 2, including:

Chemical safety supervisors of organizations and individuals engaged in chemical activities;

Individuals directly supervising chemical safety at workplace; manager of storage units related to chemical activities or equivalent.

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Employees who are directly engaged in chemicals;

Healthcare workers at chemical facilities (if any).

4. Depending on specific conditions of facilities engaged in chemical activities, organizations and individuals shall actively arrange separate chemical industry safety training or integrate chemical industry safety training with training related to occupational safety and hygiene, fire safety, or other training prescribed by field-specific regulations of the law as long as requirements under Article 30, Article 31, and Clause 1 Article 32 hereof are met.

Article 30. Contents of chemical industry safety training

1. Contents of chemical industry safety training must be appropriate to working positions of individuals undergoing training; type, characteristics, and danger level of chemicals at chemical facilities.

2. Contents of training provided for Group 1:

a) Regulations of the law on chemical activities;

b) Dangerous factors in chemical activities at chemical facilities;

c) Solutions for cooperating with competent authorities in mobilizing internal and external forces for responding to and rectifying incidents.

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a) Regulations of the law on chemical activities;

b) Dangerous factors in chemical activities of chemical facilities, preventive measures according to approved accidental release plans or promulgated accidental release measures;

c) Chemical safety management and technical procedures that ensure safety when working or interacting with dangerous chemicals;

d) Dangerous characteristics of chemicals, safety data sheets of dangerous chemicals in chemical activities at chemical facilities; chemical classification and labeling; chemical arrangement;

dd) Procedures for responding to typical dangerous chemicals: Procedures for reporting, response techniques, materials required, personal protective equipment, solutions for collecting, cleaning, disinfecting, etc.;

e) Practices at chemical facilities: Recognizing dangerous chemicals via chemical labels and pictograms; using and maintaining personal protective equipment used in responding to chemical incidents; using equipment and materials in response to chemical incidents.

4. Contents of training provided for Group 3:

a) Dangerous factors in chemical activities of chemical facilities, preventive measures according to approved accidental release plans or promulgated accidental release measures;

b) Chemical safety management and technical procedures that ensure safety when working or interacting with dangerous chemicals;

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d) Procedures for responding to typical dangerous chemicals: Procedures for reporting, response techniques, materials required, personal protective equipment, solutions for collecting, cleaning, disinfecting, etc.;

dd) Practices at chemical facilities: Recognizing dangerous chemicals via chemical labels and pictograms; using and maintaining personal protective equipment used in responding to chemical incidents; using equipment and materials in response to chemical incidents.

Article 31. Instructors of chemical industry safety training

1. Where organizations arrange chemical industry safety training at their discretion, instructors of chemical industry safety training must be in possession of bachelor’s degrees or equivalent or higher in a chemistry major in the list under Appendix III attached hereto and working experience related to chemical safety in order to provide training in accordance with Point b Clause 1 Article 18 hereof.

2. Where organizations and individuals arrange chemical industry safety training via consulting organizations, instructors affiliated to consulting organizations must be in possession of consulting certificate and must have undergone chemical industry safety training. Organizations engaged in chemical industry safety training consulting must satisfy requirements under Article 19 hereof.

Article 32. Duration of chemical industry safety training and exam, and dossiers of chemical industry safety training

1. Duration of chemical industry safety training:

a) Duration of the first chemical industry safety training is at least 8 hours, including exam;

b) Duration of subsequent chemical industry safety training equals 50% of that of the first chemical industry safety training, except for cases where chemical industry safety training is repeated in accordance with Clause 2 Article 29 hereof.

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a) Contents of exam must be compliant with those of the training;

b) Duration of exam shall be at most 2 hours;

c) Examinees who attain average scores or higher shall pass the exam.

3. Dossiers of chemical industry safety training include:

a) Contents of training;

b) List of trained individuals containing: Full name, date of birth, title, working position, and signature;

c) Information on instructors including: Full name, date of birth, education level, training major, working experience, and documentation proof;

d) Contents and results of chemical industry safety exam;

dd) Decision acknowledging results of chemical industry safety exam issued by organizations providing training.

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Chapter VII

PREVENTION AND RESPONSE OF CHEMICAL INCIDENTS

Article 33. Accidental release plans

1. List of chemicals warranting accidental release plans is prescribed under Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government on lists of chemicals regulated by the Law on Chemicals.

2. Project developers, organizations, and individuals engaged in dangerous chemical activities are required to develop accidental release plans for all dangerous chemicals involved in projects and activities and request competent authorities to inspect and approve in any of the following cases:

a) There is at least 1 chemical from Schedule A or 1 mixture from Schedule B of Appendix IV attached to Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government where the highest quantities in store at any time is equal to or greater than threshold quantity under the Appendix;

b) Total ratio in mass of dangerous chemicals that are stored at quantities exceeding the threshold quantity is greater than or equal to 1 in case Point a Clause 2 of this Article does not apply.

Total ratio in mass of dangerous chemicals in storage is calculated as follows:

qx₁/QUX₁ + qx₂/QUX₂ + ……..qx_i/QUX_i ≥ 1

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qx_i = maximum storage quantities at any time of a dangerous chemical i under Schedule A or Schedule B of Appendix IV attached to Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government.

QUX_i = threshold quantities of a dangerous chemical i under Schedule A or Schedule B of Appendix IV attached to Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government.

3. Accidental release plans must include:

a) Information on characteristics, quantities, scale of chemical activities, storage, chemical manufacturing and use technologies, geography, population, environment conditions of locations where chemical activities take place.

Human resources and equipment for prevention and response to chemical incidents.

Evaluation of impact of the aforementioned elements on prevention and response to chemical incidents.

b) Forecast of risks, scenario involving chemical incidents, affected radius, estimated consequences, and identification, classification of chemical incidents.

c) Solutions for preventing chemical incidents at chemical storage location and high risk locations; solutions for preserving and preventing loss of chemicals.

d) Solutions for responding to chemical incidents at high risk locations, including:

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Techniques and materials for responding to identified incident scenario.

Methods for using personal protective equipment appropriate to hazards of each chemical involved in incidents.

Plans for cooperating with external forces.

Plans for evacuating people and property.

dd) Plans for rehearsing chemical incident response drills.

e) Solutions for remediating chemical incident consequences according to relevant law provisions.

4. Points b, c, and d Clause 3 of this Article are basic contents of Accidental release plans.

5. The Minister of Industry and Trade shall elaborate Clause 3 of this Article.

Article 34. Inspection of accidental release plans

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a) Written application using form under Clause 8 of this Article;

b) 9 copies of Accidental release plans.

2. Procedures for inspecting and approving Accidental release plans:

a) Applicant shall submit application to inspecting authorities via post service or in person or via online public service system. Application for inspection shall be submitted in accordance with Clause 3 of this Article;

b) Where application is inadequate, within 3 working days from the date on which inspecting authorities receive the application, inspecting authorities shall return the application to the applicant and specify reasons;

c) Inspecting authorities, upon receiving adequate application, have the responsibility to inspect Accidental release plans within 15 working days. Inspection of Accidental release plans shall be conducted by inspection councils in accordance with Clause 4 of this Article;

d) Inspecting authorities have the responsibility to send notice of inspection results to applicants within 5 working days from the date on which they finish inspecting the applications. Notice of inspection results must specify conclusion of inspection council pertaining to the fact that whether or not Accidental release plans are eligible for subsequent actions and requirements for organizations and individuals.

Where Accidental release plans are ineligible for subsequent steps, the applicants have the responsibility to develop and submit another Accidental release plan for inspection.

Where Accidental release plans are eligible for subsequent steps, the applicants have the responsibility to exercise requirements of inspection councils under notice of inspection results;

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e) Within 20 working days from the date on which inspection councils receive reports of applicants, inspection councils shall physically inspect fulfillment of requirements specified by inspection councils under notice of inspection results; reports on physical inspection results and conclusion regarding whether or not Accidental release plans are approved;

g) Within 10 working days from the date on which reports on physical inspection results are submitted by inspection councils, agencies entitled to approving Accidental release plans shall consider and approve Accidental release plans or issue written response and state reasons for rejection. Sample Decision approving Accidental release plan is prescribed under Appendix II attached hereto;

h) On the basis of approved Accidental release plans, inspecting authorities shall append certification on title page of the Accidental release plans and send approving Decision and the Accidental release plan to relevant organizations, individuals, agencies, and entities in local administrative divisions in charge of execution of the projects, including: provincial People’s Committees; field-specific authorities of provincial administrative divisions; provincial fire prevention and firefighting authorities; provincial environmental authorities; management boards of industrial parks, export-processing zones, economic zones if project locations are within industrial parks, export processing zones, and economic zones; commune-level People’s Committees in case Accidental release plans are approved by provincial People’s Committees.

3. Inspection and approval of Accidental release plans

a) In respect of investment projects, project developers must submit accidental release plans for approval before inspection conclusion of construction investment feasibility study, technical - economic reports is produced;

Upon completion of structure construction, project developers shall request inspection councils to inspect fulfillment of requirements under notice of inspection results and approve Accidental release plans. Project developers shall only use structures after Accidental release plans are approved;

b) For cases that do not fall under Point a of this Clause, project developers, organizations, and individuals must submit Accidental release plans to competent authorities for inspection and approval before storing chemicals.

4. Organization and operation of inspection councils for Accidental release plans:

a) Inspection councils are established by agencies entitled to approving Accidental released plans. Composition of inspection councils include representatives of inspecting authorities, state authorities, and experts in relevant fields;

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c) Inspection councils have the responsibility to evaluate, inspect Accidental release plans, physically examine fulfillment of requirements under notice of inspection results and shall be held accountable for inspection, examination conclusion. Inspection councils shall terminate and dissolve by default after Accidental release plans are approved;

d) Inspection councils shall operate via collective discussion among council members; meeting minutes shall be filed as per the law. Assessment of Accidental release plans shall be conducted via assessment form;

dd) Meetings of inspection councils shall only be held if at least two-thirds of the members, including the Chairpersons or Vice Chairpersons and one review member or more are present. Only council members present at council meetings are allowed to submit written assessment of Accidental release plans;

e) In respect of meetings held to inspect Accidental release plans, Chairpersons or Vice Chairpersons (if Chairpersons are absent) shall conclude assessment of Accidental release plan as follows: Accidental release plans are approved without any required amendments if at least two-thirds of participating council members approve and remaining council members approve and require amendment to Accidental release plans; Accidental release plans are not approved if more than one-third of participating council members do not approve; and in other cases, Accidental release plans are approved with required amendments;

g) Regarding inspection for fulfillment of requirements under notice of inspection results, Chairpersons or Vice Chairpersons (if Chairpersons are absent) shall conclude as follows: Request to approve Accidental release plans if at least two-thirds of participating members approve; Request to not approve Accidental release plans if less than two-thirds of participating members approve.

5. Organizations and individuals whose accidental release plans are approved have the responsibility to:

a) satisfy requirements set forth under approved Accidental release plans during chemical activities;

b) store approved Accidental release plans at chemical facilities which are used as the basis for organizations and individuals to conduct safety control at chemical facilities and presented to competent authorities;

c) Project developers, organizations, and individuals engaged in chemical activities have the responsibility to update Accidental release plans on national database within 30 days from the date on which decisions approving Accidental release plans are issued except for national defense and security purposes.

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a) The Ministry of Public Security shall take charge and cooperate with relevant state authorities in inspecting, approving Accidental release plans in social security, order, and safety;

b) The Ministry of National Defense shall take charge and cooperate with relevant state authorities in inspecting, approving Accidental release plans in national defense;

c) The Ministry of Industry and Trade shall take charge, cooperate with relevant state authorities in inspecting, approving Accidental release plans in civil sectors for entities under Point a Clause 2 Article 33 hereof;

d) Provincial People’s Committees of administrative divisions where chemical projects, chemical facilities are located shall take charge, cooperate with relevant state authorities in inspecting, approving Accidental release plans in civil sectors for entities under Point b Clause 2 Article 33 hereof.

7. Project developers, organizations, and individuals shall pay inspection fees in accordance with fee and charge laws upon submitting application for inspection of Accidental release plans.

8. The Minister of Industry and Trade shall prescribe document forms under this Article.

Article 35. Accidental release measures

1. Entities required to develop Accidental release measures

a) Organizations and individuals engaged in storage of dangerous chemicals except for cases described under Clause 2 Article 33 hereof must develop Accidental release measures and issue decisions to promulgate Accidental release measures before entering into official operation;

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c) Organizations and individuals under Point a of this Clause have the responsibility to update Accidental release measures on national database within 30 days from the date on which the Accidental release measures are promulgated.

2. Accidental release measures must contain:

a) Identification, zoning, and development of regular examination plans for locations with high risk of chemical incidents;

b) Measures for preventing chemical incidents; Measures for preserving, and preventing chemical loss;

c) Measures, equipment, and forces for on-site response;

d) Scenario of chemical incidents and solutions for handling chemical incidents;

dd) Solutions for cooperating with external forces in responding to chemical incidents.

3. Accidental release measures in transportation must include:

a) Information on project developers, transportation service providers, vehicles, dangerous chemicals transported;

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c) Plans for examining, supervising vehicles and solutions for preventing chemical incidents;

d) Solutions for cooperating with external forces in responding to chemical incidents.

4. The Minister of Industry and Trade shall provide guidelines on implementation of Clause 2 and Clause 3 of this Article.

Article 36. Implementation of Accidental release plans and Accidental release measures

1. Organizations and individuals engaging in chemical activities have the obligation to adequately comply with approved Accidental release plans and promulgated Accidental release measures.

2. Organizations and individuals storing dangerous chemicals named under list of chemicals that require Accidental release plans under Appendix IV of Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government have the responsibility to arrange rehearsal of chemical incident response drill on an annual basis and update information on rehearsal of chemical incident response drill on chemical database.

3. Project developers, organizations, and individuals engaged in chemical activities must amend Accidental release plans where:

a) The manufacturing, utilizing, and storage technology and equipment of projects, chemical storage facilities are changed, expanded, or altered in a manner that qualifies for Clause 2 Article 33 hereof;

b) Type or maximum quantities of dangerous chemicals under list of chemicals that require Accidental release plans in store at any time are added or increased.

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5. Where project developers, organizations, or individuals with approved Accidental release plans alter expand, or change manufacturing, utilizing, and storage technology and equipment of projects, chemical storage facilities in a manner that does not involve dangerous chemicals under list of chemicals that require Accidental release plans, the project developers, organizations and individuals are required to develop and promulgate accidental release measures for amended items.

6. Where organizations and individuals that have promulgated Accidental release measures undergo changes in investment process and/or activities relating to details under the promulgated Accidental release measures which does not fall under Clause 2 Article 33 hereof, the organizations and individuals are required to amend the Accidental release measures.

7. Where organizations and individuals that have promulgated Accidental release measures undergo changes in investment process and/or activities relating to details under the promulgated Accidental release measures which falls under Clause 2 Article 33 hereof, the organizations and individuals are required to develop and submit Accidental release plans to competent authorities for inspection and approval.

8. Changes of projects and chemical facilities shall only be allowed to enter into operation once Accidental release plans are approved or Accidental release measures promulgated.

9. The Minister of Industry and Trade shall elaborate contents, procedures for arrangement, and documents on rehearsal of chemical incident response drills under this Article.

Article 37. Provincial Accidental release plans

1. Provincial Accidental release plans include:

a) Summary of characteristics, national, social conditions, and assessment of impact of the aforementioned factors to chemical incident prevention and response in provincial administrative divisions;

b) Overview regarding chemical activities in provincial administrative divisions. Assessment of chemical incidents and chemical incident response capability of provincial administrative divisions;

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d) Solutions for remediating chemical incidents according to environmental protection laws and other relevant law provisions;

dd) Plans for implementing Accidental release plans and rehearsing chemical incident response drills in provincial administrative divisions.

2. Provincial People’s Committees shall assign affiliated field-specific authorities to cooperate with relevant local agencies in developing and submitting drafts to relevant agencies for feedback. Receive and address feedback, finalize draft; request provincial People’s Committees to consider and promulgate provincial Accidental release plans.

Within 15 working days from the date on which provincial People’s Committees receive draft Accidental release plans in accordance with Clause 3 of this Article, provincial People’s Committees shall review and promulgate provincial Accidental release plans.

3. The Minister of Industry and Trade shall elaborate Clause 1 of this Article.

4. Provincial People’s Committees have the responsibility to:

a) implement promulgated provincial Accidental release plans;

b) direct local authorities to guide, expedite, and examine local chemical facilities regarding development of accidental release plans or measures appropriate to the manufacturing scale and conditions, characteristics of chemicals; examine chemical incident response capability of chemical facilities;

c) strengthen management, inspection, examination of compliance with regulations of the law, especially licensing of manufacturing, trading, and use of chemicals, explosive materials of local facilities, organizations, and individuals in accordance with the Law on Chemicals No. 69/2025/QH15 and regulations on management, use of weapons, explosive ordnances, and combat gears, prevention of chemical and fire incidents;

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Article 38. Improvement of chemical incident prevention and response capability in civil sectors

1. The Ministry of Industry and Trade shall take charge, cooperate with ministries and central departments in developing national accidental release plans and periodically arranging rehearsal of national chemical incident response drill.

2. The Ministry of Industry and Trade shall take charge, develop, and submit projects for infrastructure upgrade to practice, train, improve chemical incident response capability to the Prime Minister for approval.

Article 39. Disposal of toxic war remnants

1. The National Steering Committee on the Settlement of Post-war Unexploded Ordnance (UXO) and Toxic Chemical Consequences (hereinafter referred to as “Steering Committee”) shall study and propose directions, solutions for settling important, interdisciplinary issues pertaining to settlement of post-war toxic chemical consequences to the Prime Minister.

2. The Steering Committee shall take charge and cooperate with relevant agencies and provincial People’s Committees in developing and submitting plans, programs for settling toxic war remnants to the Prime Minister for approval.

3. The Steering Committee shall file periodic and irregular reports on settlement of toxic war remnants.

4. The Steering Committee, provincial People’s Committees, and relevant agencies under Clause 2 of this Article have the responsibility to implement approved Plan for settlement of toxic war remnants.

Chapter VIII

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Article 40. Transition clause

1. Organizations and individuals engaged in chemical industry consulting under contracts and agreements signed before the effective date hereof shall comply with signed contracts and agreements.

2. Organizations and individuals that have promulgated Accidental release measures before the effective date hereof but fall under Point b Clause 2 Article 33 hereof shall be required to develop and submit Accidental release plans to competent authorities for inspection and approval before December 31, 2026.

3. Provincial People’s Committees that have promulgated Accidental release plans before the effective date hereof shall comply with the promulgated Accidental release plans.

Article 41. Entry into force

1. This Decree comes into force from the date of signing.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and entities regulated by this Decree are responsible for the implementation of this Decree.

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APPENDIX I

SAMPLE CERTIFICATE OF ELIGIBILITY FOR CHEMICAL INDUSTRY CONSULTING
(Attached to Decree No. 25/2026/ND-CP dated January 17, 2026 of the Government)

Form No. 01

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 (page 4)

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CERTIFICATE OF ELIGIBILITY FOR CHEMICAL INDUSTRY CONSULTING

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(page 1)

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PERSONAL INFORMATION

Certificate code: ……………

4x6 portrait of certificate holder

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Full name …………………………………

Date of birth ………………………

ID Card/Passport No. ……………………

Issued on: …………………… (date) at: ………………………

Nationality: ………………………………

Training facility: …………………………

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 (page 2)

Scope of chemical industry consulting

No.

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Class ⁽²⁾

Effective period ⁽³⁾

From: ……
to ……

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……… Province/City, / ... …………… (date)
FIGUREHEAD
OF CERTIFYING AUTHORITY
(Signature, full name, and seal)

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(page 3)

Note:

The Certificate is printed on both sides of A4-sized paper.

⁽¹⁾ Specify operating scope according to Clause 3 Article 16 and Clause 2 Article 18 hereof.

⁽²⁾ Specify class of certificate: A1/A2/A3/B.

⁽³⁾ Specify date in full.

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SAMPLE DECISION APPROVING ACCIDENTAL RELEASE PLAN
(Attached to Decree No. 25/2026/ND-CP dated January 17, 2026 of the Government)

Form No. 02

APPROVING AUTHORITY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. ………

………………… (Location⁽¹⁾ and date)

DECISION

On approval for Accidental release plan of ………… ⁽²⁾
affiliated to …………… ⁽³⁾

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Pursuant to the Law on Chemicals dated June 14, 2025;

Pursuant to Decree No. ………………dated ……………… of the Government on functions, tasks, powers, and organization structures of ………………; ;

Pursuant to Decree No. …………… dated ……………… of the Government elaborating the Law on Chemicals on development of chemical industry and chemical safety, security;

Pursuant to …………………… ⁽⁴⁾;

Considering conclusion of Inspection council for Accidental release plan of ………… ⁽²⁾ affiliated to ……………… ⁽³⁾;

Considering the Accidental release plan of ………………… ⁽²⁾ affiliated to …………… ⁽³⁾ amended at request of Inspection council and written presentation No. ………… dated ………… of …………… ⁽³⁾;

At request of ……………………… ⁽⁵⁾;

HEREBY DECIDES:

Article 1: Approve the Accidental release plan of …………. ⁽²⁾ affiliated to ………… ⁽³⁾ at …………… ⁽⁶⁾;

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1. Comply with the Law on Chemicals No. 69/2025/QH15, Decree No. ………… dated ………… of the Government elaborating the Law on Chemicals pertaining to development of chemical industry ad chemical safety, security.

2. ………………………………………………………………………………………………….

n. ………………………………………………………………………………………………….

Article 3. Accidental release plan and mandatory requirements under Article 2 of this Decision are the basis on which competent authority conducts inspection, examination, and control of chemical safety and chemical incident response of ………… ⁽³⁾ at chemical facility/project location.

Article 4. Where changes in investment and activities related to contents of approved Accidental release plan occur, ………… ⁽³⁾ must report to ………… ⁽⁷⁾ for consideration and decision.

Article 5. …………… ⁽⁸⁾ shall examine and supervise implementation of approved Accidental release plan and fulfillment of requirements under Article 2 hereof.

Article 6. This Decision comes into force from the date of signing.

…………………………… is responsible for the implementation of this Decision.

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FIGUREHEAD OF APPROVING AUTHORITY
(Signature and seal)

Note:

⁽¹⁾ Province and city where approving authority is located.

⁽²⁾ Name of chemical project or chemical facility.

⁽³⁾ Name of organization or individual presiding the chemical project or chemical facility.

⁽⁴⁾ Relevant documents.

⁽⁵⁾ Figurehead of entity assigned to inspect the Accidental release plan.

⁽⁶⁾ Location of chemical project or chemical facility.

⁽⁷⁾ Entity assigned to receive documents and inspect plan.

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APPENDIX III

LIST OF CHEMISTRY MAJORS
(Attached to Decree No. 25/2026/ND-CP dated January 17, 2026 of the Government)

Code

Major

Intermediate education

5510401

Chemical engineering technology

5510402

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5510403

Inorganic chemical technology

5510404

Analytical chemistry

5510405

Polymer technology

5510406

Dyes and Pigments Technology

5510407

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...

5510701

Petroleum engineering technology

5520176

Chemical technician

5520190

Chemical equipment operator

College education

6510401

Chemical engineering technology

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Analytical chemistry

6510405

Polymer technology

6510406

Dyes and Pigments Technology

6520190

Chemical equipment operator

Bachelor/Engineer education

7140212

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...

7440112

Chemistry

7510401

Chemical engineering technology

7510406

Environmental engineering technology

7420201

Biotechnology

7540101

...

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...

7520301

Chemical engineering

7520320

Environmental engineering

7440301

Environmental science

7850101

Environmental and resource management

7720203

...

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...

7850201

Occupational health and safety

Master education

8420120

Biochemistry

8440112

Chemistry

8440113

Inorganic chemistry

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Organic chemistry

8440118

Analytical chemistry

8440119

Theoretical chemistry and physical chemistry

8440120

Environmental chemistry

8440301

Environmental science

...

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Chemical engineering

8520305

Petroleum refinery engineering

8520320

Environmental engineering

8720203

Pharmaceutical chemistry

8720208

Biopharmaceutical chemistry

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9420120

Ecology

9440112

Chemistry

9440113

Inorganic chemistry

9440114

Organic chemistry

9440117

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9440118

Analytical chemistry

9440119

Theoretical chemistry and physical chemistry

9440120

Environmental chemistry

9440301

Environmental science

9520301

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...

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9520305

Petroleum refinery engineering

9520320

Environmental engineering

9720203

Pharmaceutical chemistry

9720208

Biopharmaceutical chemistry

...

...

...