Chương 1 Luật hóa chất 2007: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for chemical-related activities, safety in chemical-related activities, rights and obligations of organizations and individuals engaged in chemical-related activities, and state management of chemical-related activities.

Article 2. Subjects of application

This Law applies to organizations and individuals engaged in chemical-related activities and organizations and individuals related to chemical-related activities in the territory of the Socialist Republic of Vietnam.

Article 3. Application of laws

1. Chemical-related activities must comply with the provisions of this Law and other relevant laws.

2. Activities related to radioactive substances and radioactive wastes comply with the laws on radiation safety and atomic energy.

3. In case the provisions of this Law are different from those of a treaty on chemicals and chemical-related activities to which the Socialist Republic of Vietnam is a contracting party, the provisions of that treaty prevail.

Article 4. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Chemical means an element, a compound or a mixture which is exploited or created by humans from natural or artificial raw materials.

2. Substance means an element or a compound, including any impurities deriving from the processing process and any additives necessary to preserve the stability of physical and chemical properties, excluding any solvents which may be separated without changing the characters of the substance.

3. Mixture means a combination of two or more substances which do not react under normal conditions.

4. Hazardous chemical means a chemical having one or several of the following hazardous properties according to classification principles of the Globally Harmonized System of Classification and Labeling of Chemicals:

a/ Explosive;

b/ Strongly oxidative;

c/ Strongly corrosive;

d/ Flammable;

dd/ Acutely toxic;

e/ Chronically toxic;

g/ Causing irritation to humans;

h/ Causing cancer or posing threats of causing cancer;

i/ Causing genetic mutation;

k/ Reproductively toxic;

l/ Bio-accumulative;

m/ Organically polluting and hard to decay;

n/ Environmentally toxic.

5. Toxic chemical means a hazardous chemical having at least one of the hazardous properties defined from Points e thru m, Clause 4, of this Article.

6. New chemical means a chemical not yet listed in the national chemical inventory or foreign chemical inventories recognized by Vietnamese competent state agencies.

7. Chemical-related activities means investing in, producing, bottling, packaging, selling and purchasing, importing, exporting, transporting, storing, preserving, using, researching into and testing chemicals, disposing of discarded chemicals and disposing of chemical waste.

8. Chemical incident means the state of chemical fire, explosion, leakage or dispersion which causes or threatens to cause harm to humans, properties and the environment

9. Serious chemical incident means a chemical incident which causes or threatens to cause great harm to humans, properties and the environment and falls beyond the controlling capacity of chemical facilities.

10. New hazard properties means hazardous properties which have been found but not yet recorded in safety data sheets.

Article 5. Principles of chemical-related activities

1. Assuring safety for humans, properties, ecosystems and the environment; and social order and safety.

2. Strictly controlling chemical-related activities, especially those related to new chemicals, hazardous chemicals, chemicals restricted from trading and banned chemicals.

3. Supplying sufficient, accurate and timely information on hazardous properties of chemicals and necessary preventive measures.

Article 6. State policies on chemical-related activities

1. To build a modern and sustainable chemical industry efficiently using natural resources; to attach importance to the development of base chemicals, environmentally friendly chemicals and chemicals of high economic value for socioeconomic development.

2. The State invests in the formulation of a planning on development of the chemical industry and build a national system for chemical safety control and a chemical safety database.

3. The State encourages organizations and individuals to invest in the development of the chemical industry, apply new technologies and environmentally friendly technologies, gradually reduce the use of hazardous chemicals and replace toxic chemicals with less toxic and non-toxic chemicals and encourage the recycling, re-use and minimization of chemical wastes.

4. Organizations and individuals investing in chemical production projects in the domains or geographical areas in which investment is encouraged by the State are entitled to incentive policies in accordance with the laws on investment, land, tax and other relevant laws.

Article 7. Prohibited acts in chemical-related activities

1. Producing, trading in, transporting, storing, using, sending or donating hazardous chemicals in contravention of this Law and other relevant legal provisions.

2. Failing to disclose necessary information, supplying inadequate or false information or concealing information on hazardous properties of chemicals or hazardous chemical-containing products.

3. Using chemicals outside the list of those permitted for use, chemicals not up to quality standards or chemicals in excessive concentrations to produce or preserve food, curative medicines, animal feed, veterinary drugs, plant protection drugs, fertilizers or consumer chemical products.

4. Using toxic chemicals to catch or hunt animals or committing acts of infringing upon human health, properties or the environment.