Decree No. 25/2026/ND-CP

DECREE

PROVIDING DETAILED REGULATIONS AND MEASURES FOR ORGANIZING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON CHEMICALS ON THE DEVELOPMENT OF THE CHEMICAL INDUSTRY AND CHEMICAL SAFETY AND SECURITY

Pursuant to the Law on Organization of the Government 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 a number of special mechanisms and policies for private sector economic development;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree providing detailed regulations and measures for organizing and guiding the implementation of a number of articles of the Law on Chemicals on the development of the chemical industry and chemical safety and security.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides detailed regulations for 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, Clause 4 Article 46 of the Law on Chemicals, and measures for organizing and guiding the implementation of the Law on Chemicals regarding: State management responsibility for development of the chemical industry and chemical safety and security; formulation, appraisal, approval, publication and implementation of the Strategy for development of the chemical industry; establishment of safety distances for chemical facilities; inspection and chemical safety training records; and enhancement of capacity for prevention of and response to chemical incidents in the civil sector.

Article 2. Subjects of application

Domestic agencies, organizations, individuals and foreign organizations, individuals carrying out activities related to chemicals within the territory of Vietnam.

Article 3. Interpretation of terms

1. Green chemistry principles means a set of principles applied in the design, selection of technology and equipment, and in production, use and disposal processes for chemicals, aimed at minimizing or eliminating the use and generation of hazardous chemicals.

2. Chemical-specialized industrial park means an industrial park dedicated to producing and providing services for chemical projects and chemical facilities, of which at least 60% of the industrial land area is used to attract chemical projects, chemical facilities, and projects using products of the chemical industry produced within the industrial park as raw materials, solvents or catalysts in the production process.

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

1. The Government shall exercise unified State management over the development of the chemical industry and chemical safety and security nationwide.

2. The Ministry of Industry and Trade is the focal agency assisting the Government in exercising State management over the development of the chemical industry and chemical safety and security. Within the scope of its tasks and powers, the Ministry of Industry and Trade shall perform the following:

a) Promulgate according to its competence, or submit to the competent State agency for promulgation, legal normative documents; strategies, plans, projects, schemes; national-level programs and activities on development of the chemical industry and chemical safety and security;

b) Take charge of and coordinate with ministries, ministerial-level agencies and provincial People's Committees in organizing the formulation of the Strategy for development of the chemical industry, and submit it to the Prime Minister for approval; guide and supervise the implementation of the Strategy;

c) Organize the dissemination, popularization and education of law on development of the chemical industry and chemical safety and security;

d) Receive and settle complaints, denunciations, petitions and feedback relating to development of the chemical industry and chemical safety and security within the State management scope of the Ministry of Industry and Trade;

dd) Carry out international cooperation on development of the chemical industry and chemical safety and security within the State management scope of the Ministry of Industry and Trade;

e) Perform management of chemical safety work in the civil sector; coordinate with relevant agencies in preventing, responding to and remedying chemical incidents as provided in this Decree;

g) Conduct specialized inspection of chemical activities within the State management scope of the Ministry of Industry and Trade.

3. The Ministry of Health, within the scope of its tasks and powers, shall perform the following:

a) Promulgate according to its competence, or submit to the competent agency for promulgation, legal normative documents; plans, programs, projects, schemes on development of the chemical industry and chemical safety and security in the health sector;

b) Organize the dissemination, popularization and education of law on chemical safety and security in the health sector;

c) Receive and settle complaints, denunciations, petitions and feedback relating to development of the chemical industry and chemical safety and security within the State management scope of the Ministry of Health;

d) Carry out international cooperation on development of the chemical industry and chemical safety and security within the State management scope of the Ministry of Health;

dd) Perform management of chemical safety work in chemical-use activities in the health sector;

e) Conduct specialized inspection of chemical activities within the State management scope of the Ministry of Health.

4. The Ministry of Agriculture and Environment, within the scope of its tasks and powers, shall perform the following:

a) Promulgate according to its competence, or submit to the competent agency for promulgation, legal normative documents; plans, programs, projects, schemes on development of the chemical industry and chemical safety and security in the agriculture and environment sector;

b) Organize the dissemination, popularization and education of law on chemical safety and security in the agriculture and environment sector;

c) Receive and settle complaints, denunciations, petitions and feedback relating to development of the chemical industry and chemical safety and security within the State management scope of the Ministry of Agriculture and Environment;

d) Carry out international cooperation on development of the chemical industry and chemical safety and security within the State management scope of the Ministry of Agriculture and Environment;

dd) Perform management of chemical safety work in chemical-use activities in the agriculture and environment sector;

e) Conduct specialized inspection of chemical activities within the State management scope of the Ministry of Agriculture and Environment.

5. The Ministry of Public Security, within the scope of its tasks and powers, shall perform the following:

a) Promulgate according to its competence, or submit to the competent State agency for promulgation, legal normative documents; strategies, plans, projects, schemes; national-level programs and activities on development of the chemical industry and chemical safety and security within the State management scope of the Ministry of Public Security;

b) Organize the dissemination, popularization and education of law on chemical safety and security within the State management scope of the Ministry of Public Security;

c) Receive and settle complaints, denunciations, petitions and feedback relating to development of the chemical industry and chemical safety and security within the State management scope of the Ministry of Public Security;

d) Manage chemical safety work in the field of security and social order and safety; direct the fire prevention, fighting, rescue and salvage forces to prepare personnel, means and equipment and to formulate response plans in case a chemical incident occurs; coordinate with the army and local authorities to evacuate residents from dangerous areas and participate in rescue, salvage and remediation of the consequences of chemical incidents;

dd) Conduct specialized inspection of chemical activities within the State management scope of the Ministry of Public Security.

6. The Ministry of National Defense, within the scope of its tasks and powers, shall perform the following:

a) Promulgate according to its competence, or submit to the competent State agency for promulgation, legal normative documents; strategies, plans, projects, schemes; national-level programs and activities on development of the chemical industry and chemical safety and security within the State management scope of the Ministry of National Defense;

b) Organize the dissemination, popularization and education of law on chemical safety and security within the State management scope of the Ministry of National Defense;

c) Receive and settle complaints, denunciations, petitions and feedback relating to development of the chemical industry and chemical safety and security within the State management scope of the Ministry of National Defense;

d) Manage chemical safety work in the field of national defense; direct and coordinate with relevant localities and units to formulate plans and prepare personnel, means and equipment ready to perform tasks including: responding to emergency situations of chemical incidents, conducting search and rescue, and participating in response when a chemical incident occurs;

dd) Conduct specialized inspection of chemical activities within the State management scope of the Ministry of National Defense.

7. The National Civil Defense Steering Committee shall take charge of and coordinate with the Ministry of Industry and Trade, the Ministry of National Defense, the Ministry of Public Security and localities in directing and inspecting the formulation of provincial-level chemical incident prevention and response plans, and the training, drilling and response to chemical incidents by localities.

8. The Ministry of Science and Technology, within the scope of its tasks and powers, shall perform the following:

a) Promulgate according to its competence, or submit to the competent agency for promulgation, regulations encouraging enterprises to apply sensor technology, AI cameras and early warning systems;

b) Develop data-connection standards on chemical safety among enterprises, localities and State management agencies and submit them to the competent authority for promulgation.

9. The Government Inspectorate shall exercise State management over inspection, reception of citizens, settlement of complaints and denunciations, and prevention and combat of corruption and negative practices in the chemical sector; and shall carry out inspection, reception of citizens, settlement of complaints and denunciations, and prevention and combat of corruption, waste and negative practices in the chemical sector as provided by law.

10. People's Committees at all levels, within the scope of their tasks and powers, shall exercise State management over development of the chemical industry and chemical safety and security within their localities as provided in this Decree, and shall perform the following:

a) Carry out management, inspection and examination; receive and settle complaints, denunciations, petitions and feedback on chemical activities in their localities as provided by law;

b) Decide, or report to the competent authority to decide, on the allocation of State budget and land funds to invest in or support investment in chemical-specialized industrial parks as provided by law;

c) Base themselves on the approved Strategy for development of the chemical industry to formulate and organize the implementation of the content on development of the chemical industry in their localities in conformity with local socio-economic development objectives during the formulation and adjustment of local development plans.

11. Ministries, ministerial-level agencies and other agencies and organizations, within the scope of their tasks and powers, shall take charge of or coordinate in exercising State management over development of the chemical industry and chemical safety and security as provided by law.

Chapter II

STRATEGY FOR DEVELOPMENT OF THE CHEMICAL INDUSTRY

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

The content of the Strategy for development of the chemical industry must satisfy the requirements set out in Clause 2, Article 4 of the Law on Chemicals No. 69/2025/QH15 and shall include the following content:

1. Analysis and assessment of natural conditions and the current state of development of the chemical industry.

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

3. Determination of viewpoints, objectives and orientations for development of the chemical industry nationwide and across economic regions; priority fields for development in each period; orientations for forming chemical-specialized industrial parks in conformity with the natural conditions and socio-economic conditions of localities and meeting chemical safety requirements.

4. Tasks, solutions, development programs, resources, and organization of implementation, inspection and supervision of the implementation of the Strategy.

Article 6. Formulation of the Strategy for development of the chemical industry

1. The Ministry of Industry and Trade shall take charge of and coordinate with ministries, ministerial-level agencies and provincial People's Committees in organizing the formulation of the Strategy for development of the chemical industry.

2. In the course of organizing the formulation of the Strategy, the Ministry of Industry and Trade shall be responsible for collecting comments from relevant agencies and organizations on the content of the draft Strategy. The draft Strategy, except for content relating to State secrets as provided by law, must be posted on the Ministry of Industry and Trade's electronic portal to widely collect comments from agencies, organizations and individuals for at least 15 working days.

3. The agency assigned to formulate the Strategy shall be responsible for conducting a strategic environmental assessment as provided by the law on environmental protection. The results of the strategic environmental assessment shall be integrated into the Strategy's explanatory report.

4. Where necessary, the agency assigned to formulate the Strategy may select a strategy formulation consultant as provided by the law on bidding.

Article 7. Appraisal and approval of the Strategy for development of the chemical industry

1. Appraisal of the Strategy for development of the chemical industry

a) The appraisal of the Strategy shall be carried out under the Council regime. The Minister of Industry and Trade shall decide to establish the Strategy Appraisal Council;

b) The Appraisal Council shall operate on the principle of collective discussion. The Strategy is eligible to be submitted to the Prime Minister for consideration and approval when at least two-thirds of the Council members attending the appraisal meeting agree to pass it.

2. Approval of the Strategy for development of the chemical industry

a) The dossier submitting the Strategy for approval shall include: a Submission to the Prime Minister; the draft document approving the Strategy; the Strategy's explanatory report incorporating the results of the strategic environmental assessment; a report summarizing and explaining the reception of comments from agencies, organizations and individuals on the Strategy; the appraisal result report; a report explaining the reception of appraisal comments; and other documents relevant to the Strategy (if any);

b) The reception and consideration of the dossier submitting the Strategy for approval, and the approval of the Strategy, shall be carried out in accordance with the Government's Working Regulations.

Article 8. Publication of the Strategy for development of the chemical industry

1. The Strategy must be publicly announced after being approved, except for content relating to State secrets as provided by law.

2. The Government Office and the Ministry of Industry and Trade shall be responsible for publishing the Strategy and publicly posting the Prime Minister's Decision approving the Strategy on the Government's and the Ministry of Industry and Trade's electronic portals.

Article 9. Organization of implementation of the Strategy for development of the chemical industry

1. After the Strategy is approved, the Ministry of Industry and Trade shall formulate and promulgate an action plan for implementing the Strategy. Ministries, ministerial-level agencies and localities shall be responsible for organizing the implementation of the tasks and solutions under their assigned functions and duties set out in the document approving the Strategy and the action plan for implementing the Strategy.

2. The agency formulating the regional master plan shall base itself on the approved Strategy for development of the chemical industry to formulate content on development of the chemical industry within the content on development orientations for the region's advantageous sectors and the plan for developing, arranging, selecting and allocating development resources within the region.

3. The agency formulating the provincial master plan shall base itself on the approved Strategy for development of the chemical industry to formulate content on development of the chemical industry within the content on development orientations for important sectors in the province, select a plan for organizing socio-economic activities, and formulate a plan for developing the system of economic zones, industrial parks, export processing zones and hi-tech parks in the province.

4. During the process of deciding on or approving the investment policy for a chemical project, the competent authority deciding on or approving the investment policy shall be responsible for considering the conformity of the project with the Strategy for development of the chemical industry.

5. Before March 15 each year, ministries, ministerial-level agencies and provincial People's Committees shall be responsible for updating information on the results of performing the tasks and solutions specified in Clause 1 of this Article into the specialized chemical database.

6. Responsibility to update information on chemical projects into the specialized chemical database

a) During the period before a facility is completed and put into use, the investor shall update the project's implementation status according to the progress of each construction investment phase;

b) Organizations and individuals operating a chemical project after the facility is completed and put into use shall be responsible for periodically updating the status of production and business operations before February 15 each year.

7. Funding for the formulation, appraisal, approval and organization of implementation of the Strategy shall be ensured from the State budget as provided by the law on the State budget and other lawful funding sources.

8. The Minister of Industry and Trade shall prescribe forms for updating information as specified in Clauses 5 and 6 of this Article into the specialized chemical database.

Article 10. Adjustment of the Strategy

1. The Strategy shall be adjusted in the following cases:

a) There is a major change in the socio-economic development strategy, the national master plan, or the legal policies related to the content of the approved Strategy;

b) There is a change relating to international commitments of which Vietnam is a member;

c) Due to requirements to ensure national defense and security;

d) Adjustment is required according to the results of mid-term or end-term monitoring and evaluation of the implementation of the Strategy, or as directed by the competent authority.

2. The order and procedures for adjusting the Strategy shall follow the provisions on formulation, appraisal and approval of the Strategy in Articles 6 and 7 of this Decree.

Chapter III

CHEMICAL PROJECTS

Article 11. Green chemistry principles in the design and selection of technology and equipment

1. During the process of design and selection of technology and equipment, the investor and the design consultant of a chemical project must apply the following green chemistry principles:

a) Use production processes that reduce or do not generate hazardous waste;

b) Increase energy efficiency;

c) Perform real-time analysis to monitor and control emissions;

d) Apply measures to minimize the likelihood of incidents.

2. During the process of design and selection of technology and equipment, the investor and the design consultant of a chemical project are encouraged to apply the following green chemistry principles:

a) Research and develop safe chemicals and products with equivalent performance and efficiency but less hazard;

b) Research and develop chemicals and products that can degrade after their function ends;

c) Use less hazardous chemical synthesis processes, limiting or eliminating the use and generation of chemicals hazardous to human health and the biological environment;

d) Use synthesis processes and chemical reactions that do not generate many intermediates;

dd) Use technology or chemical reactions that optimize input materials (atom economy);

e) Use catalysts to increase reaction efficiency;

g) Use biological or renewable raw materials;

h) Limit or eliminate the use of solvents and auxiliary chemicals with hazardous properties and use safer alternative solutions.

Article 12. Assessment of compliance with safety distance regulations for the location of a chemical project

1. For chemical projects subject to the technical regulation on safety distance under Article 28 of this Decree, and subject to a competent State agency's decision on investment policy under the law on public investment:

a) The investor of a chemical project is obliged to report on the conformity of the project's construction site with the safety distance regulations in the content of the investment policy proposal report or pre-feasibility study report before submitting it to the competent State agency for a decision on investment policy;

b) The competent State agency deciding on the investment policy shall be responsible for assessing compliance with the safety distance regulations for the location of the chemical project before deciding on the investment policy;

c) The provisions of Points a and b of this Clause form part of the dossier, order and procedures for deciding on investment policy under the law on public investment.

2. For chemical projects subject to the technical regulation on safety distance under Article 28 of this Decree, and subject to a competent State agency's approval of investment policy under the law on investment:

a) The investor of a chemical project is obliged to report on the conformity of the project's construction site with the safety distance regulations in the content of the investment project proposal report before submitting it to the competent State agency for approval of the investment policy;

b) The competent State agency approving the investment policy shall be responsible for assessing compliance with the safety distance regulations for the location of the chemical project before approving the investment policy;

c) The provisions of Points a and b of this Clause form part of the dossier, order and procedures for approving investment policy under the law on investment.

3. For chemical projects subject to the technical regulation on safety distance under Article 28 of this Decree, and not subject to a competent State agency's decision on or approval of investment policy:

a) The organization or individual competent to decide on construction investment under the law on construction is obliged to assess and bear responsibility for compliance with the safety distance regulations for the location of the chemical project before approving the project or deciding on investment;

b) The organization or individual competent to decide on construction investment may not approve the project or decide on investment where the safety distance regulations are not met.

Article 13. Content of the Construction Investment Feasibility Study Report and the Construction Investment Economic-Technical Report of a chemical project

1. The Construction Investment Feasibility Study Report and the Construction Investment Economic-Technical Report of a chemical project shall be prepared in accordance with the law on construction, supplemented with the following content:

a) Clarify the conformity of the content of the Construction Investment Feasibility Study Report and the Construction Investment Economic-Technical Report with the standards, technical regulations and chemical safety requirements within the content of the standards and technical regulations applied to prepare the basic design;

b) Clarify the green chemistry principles applied in the design and selection of technology and equipment within the content of the technology, technique and equipment plan selected.

2. The content of the appraisal of the Construction Investment Feasibility Study Report and the Construction Investment Economic-Technical Report of a chemical project shall be carried out in accordance with the law on construction, supplemented with the following content:

a) Assess the conformity of the content of the Construction Investment Feasibility Study Report and the Construction Investment Economic-Technical Report with the standards, technical regulations and chemical safety requirements within the content of the appraisal of compliance with technical regulations and application of standards as provided by law;

b) Assess the application of green chemistry principles in the design and selection of technology and equipment applied to the project.

Article 14. Scale and disbursement schedule for projects in key chemical industry sectors

1. Investment projects in the sectors specified at Points a, b and c, Clause 1, Article 6 of the Law on Chemicals No. 69/2025/QH15 that have an investment capital scale as specified in Clause 2 of this Article and that disburse at least one-third of the investment capital scale within 3 years from the date of issuance of the Investment Registration Certificate, or approval of investment policy, or decision on investment policy, shall be entitled to special investment incentives and support as provided by the law on investment and other relevant law, including: incentives on corporate income tax, import tax, land, land rent, land use tax; incentives in contractor selection; support for developing technical and social infrastructure systems; support in accessing land and production/business premises; training and human resource development; financial and investment credit support; support for science, technology, technology transfer, innovation, digital transformation, market development, and information provision; and other forms of investment incentives and support.

2. The investment capital scale for projects specified in Clause 1 of this Article is specified as follows:

a) A project producing pharmaceutical chemical products used as drug materials with a total investment of VND 160 billion or more;

b) A project producing basic chemical products in the key chemical industry sector; petrochemical products; pharmaceutical chemical products used as materials for health-protection foods; hydrogen or ammonia produced from renewable energy sources, with a total investment of VND 4,600 billion or more;

c) A project producing rubber products, excluding tires and tubes; producing high-content fertilizer; investing in a chemical-specialized industrial park; or investing in a complex of chemical facilities whose main purpose is to produce chemicals and products of the chemical industry, with a total investment of VND 10,000 billion or more.

3. Where necessary, the authority competent to issue the Investment Registration Certificate, approve the investment policy, or decide on the investment policy shall consult the Ministry of Industry and Trade on the conformity of the investment project with the key chemical industry sectors specified in Clause 1, Article 6 of the Law on Chemicals No. 69/2025/QH15.

4. The competent person and the investor may choose to apply one of the following forms: ordering, restricted bidding, contractor appointment, or another appropriate form as provided by law, for investment projects specified in Clause 1, Article 6 of the Law on Chemicals No. 69/2025/QH15, on the basis of ensuring publicity, transparency, quality, progress, efficiency and accountability.

Chapter IV

CHEMICAL SPECIALTY CONSULTANCY

Article 15. Conditions for organizations performing construction consultancy activities for chemical projects

An organization performing construction consultancy activities for a chemical project must satisfy the requirements of Points a and b, Clause 1, Article 8 of the Law on Chemicals No. 69/2025/QH15, and must have at least 1 individual participating in the consultancy activities who satisfies the following conditions:

1. Hold a bachelor's degree or higher-equivalent degree in a chemistry training discipline listed in Appendix III enclosed with this Decree.

2. Have work experience as follows:

a) Where participating in construction consultancy activities for a chemical project with a grade-I or higher facility: Have experience holding one of the technical, technological or chemical safety positions at chemical projects for 7 years or more, or have previously participated in construction consultancy activities for a chemical project with a grade-I or higher facility.

b) Where participating in construction consultancy activities for a chemical project with a grade-II facility: Have experience holding one of the technical, technological or chemical safety positions at chemical projects for 4 years or more, or have previously participated in construction consultancy activities for a chemical project with a grade-II or higher facility;

c) Where participating in construction consultancy activities for a chemical project with a grade-III or lower facility: Have experience holding one of the technical, technological or chemical safety positions at chemical projects for 2 years or more, or have previously participated in construction consultancy activities for a chemical project.

Article 16. Conditions for issuance of a chemical specialty consultancy certificate to individuals performing consultancy activities on the selection of technology and equipment for chemical projects

1. An individual performing consultancy activities on the selection of technology and equipment for chemical projects shall be issued a chemical specialty consultancy certificate upon satisfying the following conditions:

a) Hold a bachelor's degree or higher-equivalent degree in a chemistry training discipline listed in Appendix III enclosed with this Decree;

b) Satisfy the work experience conditions specified in Clause 2 of this Article.

2. The work experience conditions for an individual performing consultancy activities on the selection of technology and equipment for chemical projects are specified as follows:

a) For an individual applying for a Grade A1 certificate: Have experience participating in chemical technology and engineering work for 7 years or more; have carried out work related to consultancy on the selection of technology and equipment for 2 chemical projects with a grade-II or higher facility;

b) For an individual applying for a Grade A2 certificate: Have experience participating in chemical technology and engineering work for 4 years or more; have carried out work related to consultancy on the selection of technology and equipment for 2 chemical projects with a grade-III or higher facility;

c) For an individual applying for a Grade A3 certificate: Have experience participating in chemical technology and engineering work for 4 years or more.

3. The scope of activity of an individual performing consultancy activities on the selection of technology and equipment for chemical projects is specified as follows:

a) An individual holding a Grade A1 chemical specialty consultancy certificate: May perform work related to consultancy on the selection of technology and equipment for all chemical projects;

b) An individual holding a Grade A2 chemical specialty consultancy certificate: May perform work related to consultancy on the selection of technology and equipment for chemical projects with a facility of grade II or lower;

c) An individual holding a Grade A3 chemical specialty consultancy certificate: May perform work related to consultancy on the selection of technology and equipment for chemical projects with a facility of grade III or lower.

4. The work experience specified in Clause 2 of this Article shall be counted for work that has been accepted as provided within the 10 years nearest to the time of applying for the consultancy certificate. Where relevant work experience is used but exceeds 10 years, the applicant may apply for a consultancy certificate one grade lower than provided.

Article 17. Conditions for organizations performing consultancy activities on the selection of technology and equipment for chemical projects

1. Satisfy the requirements of Point a, Clause 2, Article 8 of the Law on Chemicals No. 69/2025/QH15

2. An organization performing work related to consultancy on the selection of technology and equipment for chemical projects with a grade-I or higher facility must have at least 2 full-time consultants holding a Grade A1 chemical specialty consultancy certificate, employed as provided by labor law.

3. An organization performing work related to consultancy on the selection of technology and equipment for chemical projects with a grade-II facility must have at least 1 full-time consultant holding a Grade A1 or Grade A2 chemical specialty consultancy certificate, employed as provided by labor law.

4. An organization performing work related to consultancy on the selection of technology and equipment for chemical projects with a grade-III or grade-IV facility must have at least 1 full-time consultant holding a Grade A1, A2 or A3 chemical specialty consultancy certificate, employed as provided by labor law.

5. Have software to serve the design and selection of technology and equipment.

Article 18. Conditions for issuance of a chemical specialty consultancy certificate to individuals performing chemical safety and security consultancy activities

1. An individual performing chemical safety and security consultancy activities shall be issued a chemical specialty consultancy certificate upon satisfying the following conditions:

a) Hold a bachelor's degree or higher-equivalent degree in a chemistry training discipline listed in Appendix III enclosed with this Decree;

b) Have work experience in a position related to chemical safety activities equal to the experience-duration standard for a trainer of specialized theoretical content with a university degree or higher, as provided by the law on occupational safety and hygiene;

c) Satisfy the professional experience conditions corresponding to the consultancy content specified in Clause 2 of this Article.

2. The professional experience conditions and scope of activity for an individual performing chemical safety and security consultancy activities are specified as follows:

a) An individual shall be issued a Grade B chemical specialty consultancy certificate to perform consultancy work on national-level chemical incident response drills and the consultancy work specified at Points c, d, dd, e, g and h of this Clause when having experience participating in the development of at least 5 provincial-level drill programs;

b) An individual shall be issued a Grade B chemical specialty consultancy certificate to perform consultancy work on the development of a national-level chemical incident prevention and response plan and the consultancy work specified at Points c, d, dd, e, g and h of this Clause when having participated in the development of at least 2 provincial-level chemical incident prevention and response plans that have been approved and promulgated within the 2 years nearest to the date of applying for the certificate.

c) An individual shall be issued a Grade B chemical specialty consultancy certificate to perform consultancy work on chemical incident response drills of a chemical establishment when having participated in the development of at least 2 drill programs of a chemical establishment.

d) An individual shall be issued a Grade B chemical specialty consultancy certificate to perform consultancy work on provincial-level and chemical-establishment-level chemical incident response drills when having experience participating in the development of at least 2 provincial-level drill programs.

dd) An individual shall be issued a Grade B chemical specialty consultancy certificate to perform consultancy work on the development of a chemical incident prevention and response plan for a chemical project or chemical establishment when having participated in the development of at least 2 chemical incident prevention and response plans of a chemical establishment that have been approved within the 2 years nearest to the date of applying for the certificate.

e) An individual shall be issued a Grade B chemical specialty consultancy certificate to perform consultancy work on the development of a provincial-level chemical incident prevention and response plan when having participated in the development of at least 2 provincial-level chemical incident prevention and response plans that have been approved within the 2 years nearest to the date of applying for the certificate.

g) An individual shall be issued a Grade B chemical specialty consultancy certificate to perform consultancy work on chemical safety specialty training for subjects in Groups I, II and III specified in Clause 3, Article 29 of this Decree when having experience as a trainer or participating in supporting at least 5 chemical safety specialty training programs within the 2 years nearest to the date of applying for the certificate.

h) An individual satisfying only the conditions specified at Points a and b, Clause 1 of this Article shall be issued a Grade B chemical specialty consultancy certificate to perform consultancy work on developing chemical incident prevention and response measures; classifying and labeling chemicals; preparing chemical safety data sheets; and registering new chemicals.

Article 19. Conditions for organizations performing chemical safety and security consultancy activities

1. Satisfy the requirements of Point a, Clause 2, Article 8 of the Law on Chemicals No. 69/2025/QH15.

2. An organization performing chemical safety and security consultancy activities must have at least 1 consultant undertaking consultancy tasks who holds a chemical specialty consultancy certificate appropriate to the work undertaken as provided in Article 18 of this Decree.

3. Have the equipment and technical means necessary to meet the requirements of the consultancy activities: personal protective equipment appropriate to the hazardous properties of the chemicals concerned, and means and equipment for practice or drills in chemical incident response.

Article 20. Chemical specialty consultancy certificate

1. The chemical specialty consultancy certificate (hereinafter referred to as the consultancy certificate) shall be issued to an individual who is a Vietnamese citizen, an overseas Vietnamese, or a foreigner lawfully working or temporarily residing in Vietnam, to perform consultancy activities as provided in Clause 3, Article 8 of the Law on Chemicals No. 69/2025/QH15.

2. A newly issued or adjusted consultancy certificate is valid for 5 years from the date of issuance. For the consultancy certificate of a foreign individual, its validity shall be determined according to the remaining term stated in the work permit or temporary residence card issued by the competent authority, but not exceeding 5 years.

The term of a reissued consultancy certificate shall be determined according to the term stated on the most recently issued consultancy certificate.

3. The form and content of the consultancy certificate are specified in Form No. 01 of the Appendix enclosed with this Decree.

4. The Minister of Industry and Trade shall guide the recording of the consultancy certificate code.

Article 21. Cases of issuance, reissuance, adjusted issuance and revocation of the chemical specialty consultancy certificate

1. A chemical specialty consultancy certificate shall be issued to an individual in one of the following cases:

a) New issuance of a consultancy certificate in the following cases: first-time issuance of a certificate; the certificate has expired; or a request for reissuance of a certificate still valid that does not fall under Point b of this Clause;

b) Reissuance of a consultancy certificate in the following cases: the consultancy certificate is still valid but has been lost or damaged; adjustment or supplementation of personal information; or incorrect information recorded due to the fault of the issuing agency;

c) Adjusted issuance of a consultancy certificate in the case of adjusting the grade or group of the consultancy certificate;

d) A foreign individual who has been issued a consultancy certificate under Point a of this Clause, if the work permit or temporary residence card expires before the term of the consultancy certificate, shall, in order to continue consultancy activities in Vietnam, undergo new issuance of the consultancy certificate after the work permit or temporary residence card has been extended.

2. A consultancy certificate shall be revoked in one of the following cases:

a) The individual no longer satisfies the conditions for issuance of the consultancy certificate specified in Clause 1, Article 16 and Clause 1, Article 18 of this Decree;

b) Forging documents or making dishonest declarations in the dossier applying for the consultancy certificate;

c) Leasing, lending, or allowing another person to use the consultancy certificate;

d) Altering or erasing content, thereby distorting the content of the consultancy certificate;

dd) The consultancy certificate was issued by an authority without proper competence, or to an ineligible subject;

e) The consultancy certificate was issued while the individual did not satisfy the conditions as provided;

g) The individual has committed a violation and a competent authority has recommended revocation of the consultancy certificate;

h) The individual issued the consultancy certificate no longer needs to use it and requests the competent issuing authority to revoke it.

3. An individual whose consultancy certificate has been revoked may apply for new issuance of a consultancy certificate after the following period:

a) 24 months from the date of the decision revoking the consultancy certificate, for cases specified at Points b, c, d and g, Clause 2 of this Article;

b) According to the term stated in the decision on sanctioning of administrative violations depriving the right to use the consultancy certificate or suspending operation, for cases specified at Point h, Clause 2 of this Article.

Article 22. Dossier for applying for issuance, reissuance or adjusted issuance of the chemical specialty consultancy certificate

1. A dossier applying for new issuance of a consultancy certificate shall include:

a) A written application for issuance of the consultancy certificate, being the original in case of direct submission or submission through postal services; or a scanned copy of the original in case of online submission;

b) A color photo file, 4 x 6 cm in size, with a white background, of the applicant's portrait, taken no more than 6 months before submission;

c) A certified copy or a certified electronic copy of the degree issued by a lawful training institution appropriate to the field and grade of the consultancy certificate applied for; where the degree does not state, or does not clearly state, the training discipline, a transcript or diploma supplement must be submitted for examination and assessment purposes (for a degree issued by a foreign training institution, where the individual is a foreigner or an overseas Vietnamese, it must be consular-legalized with a Vietnamese translation notarized or certified as provided by Vietnamese law; in other cases, a degree issued by a foreign training institution must be recognized by the Vietnamese education system);

d) Documents proving working time in appropriate positions, being a certified copy or a certified electronic copy of one or more of the following: decisions on appointment, re-appointment, recruitment, rotation or transfer; a working contract or labor contract; a payroll or documents proving the period of social insurance payment; or a certification of work history;

dd) Documents proving experience participating in appropriate work, being a certified copy or a certified electronic copy of one or more of the following: decisions assigning work (tasking) by the organization to the individual, or a written confirmation by the lawful representative of the investor bearing responsibility for the truthfulness of the confirmed content regarding the work the individual has completed as declared; or economic contracts and acceptance minutes for the declared work performed;

e) A certified copy or a certified electronic copy of residence documents or a work permit in Vietnam, for a foreigner or an overseas Vietnamese.

2. A dossier applying for reissuance of a consultancy certificate shall include:

a) A written application for reissuance of the consultancy certificate, being the original in case of direct submission or submission through postal services; or a scanned copy of the original in case of online submission;

b) A color photo file, 4 x 6 cm in size, with a white background, of the applicant's portrait, taken no more than 6 months before submission;

c) The original consultancy certificate applied for reissuance. In case the consultancy certificate has been lost, a commitment from the applicant is required.

3. A dossier applying for adjusted issuance of a consultancy certificate shall include:

a) A written application for adjusted issuance of the consultancy certificate, being the original in case of direct submission or submission through postal services; or a scanned copy of the original in case of online submission;

b) A color photo file, 4 x 6 cm in size, with a white background, of the applicant's portrait, taken no more than 6 months before submission;

c) The documents specified at Points c, d, dd and e, Clause 1 of this Article.

4. The individual shall pay a fee as provided by the law on fees and charges when submitting a dossier applying for issuance, reissuance or adjusted issuance of the consultancy certificate, except where the reissuance is requested due to incorrect information recorded by the issuing agency.

Article 23. Order, procedures and competence for issuance, reissuance, adjusted issuance and revocation of the chemical specialty consultancy certificate

1. An individual shall submit 1 set of the dossier applying for issuance, reissuance or adjusted issuance of the consultancy certificate to the authority competent to issue the consultancy certificate by one of the following methods:

a) Directly at the One-Stop-Shop Section;

b) Through postal services;

c) Online at the public service portal.

2. From the date of receiving a complete and valid dossier as provided in Clauses 1, 2 and 3, Article 22 of this Decree, the authority competent to issue the consultancy certificate shall be responsible for assessing satisfaction of the conditions and issuing the consultancy certificate. Where the consultancy certificate is not issued, the competent authority must notify the individual in writing, clearly stating the reason.

3. The time limit for issuance of the consultancy certificate is specified as follows:

a) 10 working days for new issuance;

b) 5 working days for reissuance;

c) 10 working days for adjusted issuance.

4. Regarding revocation of the consultancy certificate:

a) Within 10 working days from the date of receiving the inspection or examination conclusion of the competent authority recommending revocation of the consultancy certificate, or upon discovering or having grounds to determine one of the cases for revocation of the consultancy certificate specified in Clause 2, Article 21 of this Decree, the authority competent to revoke the consultancy certificate shall issue a revocation decision; where revocation is not made, it must notify in writing the agency, organization or individual that recommended revocation, clearly stating the reason for not revoking;

b) The authority competent to revoke the consultancy certificate shall be responsible for sending the revocation decision to the individual whose certificate is revoked;

c) The individual whose consultancy certificate is revoked must return the original consultancy certificate to the agency issuing the revocation decision within 5 working days from the date of receiving the revocation decision;

d) The agency issuing the revocation decision shall organize the destruction of the consultancy certificate by cutting it diagonally in half (1/2).

5. The authority competent to issue, reissue, adjust or revoke the chemical specialty consultancy certificate shall be responsible for updating information on issuance, reissuance, adjustment and revocation of the consultancy certificate into the specialized chemical database.

6. The provincial People's Committee where the individual registers permanent residence shall issue, reissue, adjust or revoke the chemical specialty consultancy certificate.

7. The Minister of Industry and Trade shall guide the forms for issuance, reissuance, adjustment and revocation of the chemical specialty consultancy certificate.

Article 24. Rights and obligations of an individual applying for the consultancy certificate

1. An individual applying for the consultancy certificate has the following rights:

a) To request the provision of information on the issuance of the consultancy certificate;

b) To lodge complaints and denunciations regarding acts violating the law on issuance of the consultancy certificate.

2. An individual applying for the consultancy certificate has the following obligations:

a) To honestly declare the dossier applying for the consultancy certificate as provided in this Decree; to bear responsibility before the law for the content declared in the dossier; and to provide information when requested by the competent authority;

b) To practice only within the content stated on the consultancy certificate, and to comply with the law on chemicals and other relevant law;

c) Not to lease, lend or allow another person to use the consultancy certificate;

d) Not to erase or alter the consultancy certificate;

dd) To present the consultancy certificate and comply with inspection and examination requirements of the competent authority.

Chapter V

ENSURING SAFETY AND SECURITY IN CHEMICAL ACTIVITIES

Article 25. Ensuring requirements on physical and technical facilities in chemical activities

1. Workshops and warehouses must satisfy the safety requirements in chemical activities as provided in technical regulations, national standards and relevant legal normative documents.

2. Production equipment and means, packaging and containment devices for chemical activities must satisfy the following requirements:

a) Equipment and means serving chemical production shall be selected to ensure minimization of the risk of causing chemical incidents and environmental pollution, and to ensure fire and explosion prevention and safety;

b) Technical equipment must meet the general safety requirements appropriate to the type of chemical and the technological process, and must meet the production capacity and the scale of chemical storage. Machinery, equipment, supplies subject to strict requirements on occupational safety and hygiene, and measuring and testing equipment, must be inspected, calibrated, adjusted and maintained in accordance with current regulations on inspection of machinery and equipment;

c) Packaging and containment devices for chemicals must be sealed and sturdy, appropriate to the type of chemical, must not leak chemicals, and must have durability able to withstand the effects of the chemical, weather, and ordinary impacts during storage, loading and transport.

Used packaging and containment devices must be stored separately. Before charging chemicals, the facility performing the charging must inspect the packaging and containment devices and clean used packaging and containment devices to eliminate the possibility of reaction or fire/explosion when charging the chemical. Used packaging and containment devices that are not reused must be collected and treated as provided by the law on environmental protection;

d) Packaging and containment devices for chemicals must bear a label with full content as provided for chemical labeling. The chemical label must be clear, legible, and durable enough to withstand the effects of the chemical, weather, and ordinary impacts during storage, loading and transport.

3. Fire safety equipment, chemical incident prevention and response equipment, and personal protective equipment in chemical activities must satisfy the following requirements:

a) The fire prevention and fighting system of workshops and warehouses must satisfy the requirements of the law on fire prevention and fighting;

b) Chemical incident prevention and response equipment must fully and properly satisfy the approved Chemical Incident Prevention and Response Plan or the promulgated Chemical Incident Prevention and Response Measures at the chemical establishment;

c) Personal protective equipment must be ensured of the correct type, quantity and quality, satisfying the law on occupational safety and hygiene and appropriate to the type of chemical.

4. Organizations and individuals using chemicals for essential consumption and daily-life needs shall ensure safety according to the manufacturer's instructions.

Article 26. Ensuring safety and security in chemical transport activities

Means, equipment and tanks used for chemical transport activities must satisfy the following requirements:

1. Means, equipment and tanks serving chemical transport activities must be registered, inspected, and licensed for transporting hazardous chemicals as provided by the law on transport of dangerous goods.

2. Means, equipment and tanks serving chemical transport activities must meet the general safety requirements under national standards and technical regulations; and shall be selected to ensure minimization of the risk of causing chemical incidents and environmental pollution, and to ensure fire and explosion prevention and safety appropriate to the type and scale of the chemical transport.

3. Packaging and containment devices for chemicals must be sealed and sturdy, appropriate to the type of chemical, must not leak chemicals, and must have durability able to withstand the effects of the chemical, weather, and ordinary impacts during loading and transport. Used packaging must be stored separately. Used packaging and equipment not reused must be collected and treated as provided by the law on environmental protection.

4. Packaging and containment devices for chemicals must bear a label with full content as provided for chemical labeling. The chemical label must be clear, legible, and durable enough to withstand the effects of the chemical, weather, and ordinary impacts during loading and transport.

5. Personal protective equipment and chemical incident response equipment for drivers and escorts must be provided in the correct type, quantity and quality as set out in the developed Chemical Incident Prevention and Response Measures for transport, satisfying the law on occupational safety and hygiene.

6. Before transporting chemicals, the means of transport must be inspected to ensure it is safe for traffic; and used packaging and containment devices must be cleaned to eliminate the possibility of reaction or fire/explosion during the transport of chemicals.

7. The Chemical Incident Prevention and Response Measures for transport shall be kept with the means of transport throughout the transport process, in hard-copy or electronic form.

Article 27. Professional requirements for persons in charge of chemical safety expertise

1. Organizations and individuals producing chemicals must have a person in charge of chemical safety expertise holding a bachelor's degree or higher-equivalent degree in a chemistry training discipline listed in Appendix III enclosed with this Decree.

2. Organizations and individuals trading in chemicals, storing chemicals, using chemicals, treating chemical waste, destroying chemicals, or disposing of chemicals must have a person in charge of chemical safety expertise holding an intermediate-level or higher qualification in a chemistry training discipline listed in Appendix III enclosed with this Decree.

3. Organizations and individuals transporting chemicals shall comply with the law on transport of dangerous goods.

4. Organizations and individuals researching or testing chemicals shall comply with the law on science and technology.

Article 28. Establishment of safety distances for chemical facilities

1. The managing ministry of the sector shall organize the development and promulgation of the technical regulation on safety distance for facilities producing or storing hazardous chemicals within its management scope.

2. Responsibility for implementing the establishment of safety distances:

a) Investment projects involving production or storage of hazardous chemicals must establish safety distances from residential areas, public works, national defense works, military zones, security works, historical-cultural relics, scenic spots, nature reserves, and domestic water-source extraction areas;

b) Organizations and individuals may not construct housing works and other works within the safety distance specified in Clause 1 of this Article, except for dedicated works serving the purposes of ensuring security, national defense, transport infrastructure, or energy security; the provincial People's Committee shall decide on approving the construction of dedicated works within the safety distance.

Chapter VI

CHEMICAL SAFETY SPECIALTY TRAINING

Article 29. Subjects required to undergo chemical safety specialty training

1. Organizations and individuals engaged in chemical activities are responsible for organizing chemical safety specialty training for the subjects specified in Clause 3 of this Article periodically once every 2 years, except for the use of chemicals for essential consumption and daily-life needs and the transport of chemicals by road or inland waterway motor vehicles. Chemical safety specialty training may be conducted by the organization or individual itself or through a consulting organization. The organization, individual and consulting organization shall bear responsibility before the law for the quality of the chemical safety specialty training.

2. A person who has been trained must be retrained in the following cases: when there is a change in the type of chemical, technology, physical facilities, or production plan related to the work position; when the trained person changes work position; after 2 tests in which the trained person fails to meet requirements; or upon the expiry of the 2-year period from the most recent training.

3. Subjects participating in chemical safety specialty training are specified as follows:

a) Group 1, including:

The head of an organization or facility directly engaged in chemical activities; the head of a department, division, or affiliated branch, the workshop manager or an equivalent position in charge of chemical activities;

A deputy of the head specified at Point a, Clause 3 of this Article, who is assigned to be in charge of directing chemical activities.

b) Group 2, including:

The person in charge of chemical safety of the organization or individual engaged in chemical activities;

The person directly supervising chemical safety at the workplace; a warehouse keeper related to chemical activities or an equivalent position.

c) Group 3, including:

Employees directly related to chemicals;

Medical staff at the chemical activity facility (if any).

4. Based on the specific conditions of the chemical activity facility, organizations and individuals may proactively organize separate training on chemical safety specialty, or combine training on chemical safety specialty content with training on occupational safety and hygiene, fire prevention and fighting, or other training content prescribed by specialized law, provided that the requirements on training content, trainers and training duration in Article 30, Article 31 and Clause 1, Article 32 of this Decree are satisfied.

Article 30. Content of chemical safety specialty training

1. The content of chemical safety specialty training must be appropriate to the work position of the trainee and to the nature, type and hazard level of the chemicals at the chemical activity facility.

2. Training content for Group 1:

a) Legal provisions on chemical activities;

b) Hazardous factors in the facility's chemical activities;

c) The plan for coordinating with the competent authority to mobilize the facility's internal and external resources for responding to and remedying incidents.

3. Training content for Group 2:

a) Legal provisions on chemical activities;

b) Hazardous factors in the facility's chemical activities, and preventive measures under the approved Chemical Incident Prevention and Response Plan or the promulgated Chemical Incident Prevention and Response Measures;

c) Chemical safety management procedures and techniques for ensuring safety when working with or exposed to hazardous chemicals;

d) Hazardous properties of chemicals, chemical safety data sheets of hazardous chemicals in the facility's chemical activities; classification and labeling of chemicals; storage arrangement of chemicals;

dd) Response procedures for typical hazardous chemicals: notification procedures, response techniques, response materials, personal protective equipment, and plans for collection, decontamination and cleanup...;

e) Practical content at the chemical activity facility: recognizing hazardous chemicals through chemical labels and warning pictograms; using and maintaining personal protective equipment for chemical incident response work; and using equipment and materials for chemical incident response.

4. Training content for Group 3:

a) Hazardous factors in the facility's chemical activities, and preventive measures under the approved Chemical Incident Prevention and Response Plan or the promulgated Chemical Incident Prevention and Response Measures;

b) Chemical safety management procedures and techniques for ensuring safety when working with or exposed to hazardous chemicals;

c) Hazardous properties of chemicals, chemical safety data sheets of hazardous chemicals in the facility's chemical activities; classification and labeling of chemicals; storage arrangement of chemicals;

d) Response procedures for typical hazardous chemicals: notification procedures, response techniques, response materials, personal protective equipment, and plans for collection, decontamination and cleanup...;

dd) Practical content at the chemical activity facility: recognizing hazardous chemicals through chemical labels and warning pictograms; using and maintaining personal protective equipment for chemical incident response work; and using equipment and materials for chemical incident response.

Article 31. Chemical safety specialty trainers

1. Where an organization conducts chemical safety specialty training itself, the trainer must hold a bachelor's degree or higher-equivalent degree in a chemistry training discipline listed in Appendix III enclosed with this Decree and have work experience related to chemical safety activities at the organization where the training is conducted, as provided at Point b, Clause 1, Article 18 of this Decree.

2. Where an organization or individual uses a consulting organization to conduct chemical safety specialty training, the trainer belonging to the consulting organization must hold a chemical specialty consultancy certificate covering chemical safety specialty training. The consulting organization providing chemical safety specialty training must satisfy the conditions specified in Article 19 of this Decree.

Article 32. Duration of training, testing, and training records for chemical safety specialty training

1. The duration of chemical safety specialty training is specified as follows:

a) The duration of chemical safety specialty training for the first cycle is at least 8 hours, including testing time;

b) The duration of chemical safety training from the second cycle onward is equal to 50% of the duration of the first cycle's training, except for cases requiring retraining in chemical safety specialty as provided in Clause 2, Article 29 of this Decree.

2. Regulations on testing:

a) The test content must be appropriate to the training content;

b) The maximum test duration is 2 hours;

c) A passing test must achieve an average score or higher.

3. The chemical safety specialty training records include:

a) The training content;

b) A list of trained persons with the following information: full name, date of birth, title, work position, and signature confirming participation in the training;

c) Information on the trainer, including: full name, date of birth, educational level, trained discipline, work experience, together with supporting documents;

d) The content and results of the chemical safety specialty training test;

dd) The decision recognizing the results of the chemical safety specialty training test issued by the organization conducting the training.

4. Organizations and individuals are responsible for keeping the records specified in Clause 3 of this Article in full for at least 3 years from the date of issuance of the decision recognizing the training test results, and for presenting them upon request by the State management agency.

Chapter VII

PREVENTION OF AND RESPONSE TO CHEMICAL INCIDENTS

Article 33. Chemical Incident Prevention and Response Plan

1. The List of chemicals for which a Chemical Incident Prevention and Response Plan must be developed is promulgated in Appendix IV enclosed with Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government prescribing the lists of chemicals within the scope of regulation of the Law on Chemicals.

2. Project investors and organizations and individuals engaged in hazardous chemical activities must develop a Chemical Incident Prevention and Response Plan for all hazardous chemicals involved in the project's activities and submit it to the competent authority for appraisal and approval if falling under one of the following cases:

a) There is at least 1 chemical under Table A, or 1 chemical mixture under Table B, of Appendix IV enclosed with Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government prescribing the lists of chemicals within the scope of regulation of the Law on Chemicals, with the maximum storage quantity at any given time equal to or greater than the quantity threshold specified in the Appendix;

b) The total ratio of the stored hazardous chemical quantity to the prescribed threshold is equal to or greater than 1, in cases not falling under Point a, Clause 2 of this Article.

The total ratio of the stored hazardous chemical quantity shall be calculated as follows:

qx1/QUX1 + qx2/QUX2 + ……..qxi/QUXi ≥ 1

Where:

qxi = the maximum storage quantity at any given time of hazardous chemical i under Table A or Table B of Appendix IV enclosed with Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government prescribing the lists of chemicals within the scope of regulation of the Law on Chemicals.

QUXi = the maximum storage threshold at any given time of hazardous chemical i specified in Table A or Table B of Appendix IV enclosed with Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government prescribing the lists of chemicals within the scope of regulation of the Law on Chemicals.

3. A Chemical Incident Prevention and Response Plan must contain the following content:

a) Information on the characteristics, quantity, scale of operation and storage of chemicals, the production and use technology, and the geographical, demographic and environmental conditions of the area where the chemical activity takes place.

Personnel and equipment serving chemical incident prevention and response work.

Assessment of the effect of the above conditions on chemical incident prevention and response work.

b) Forecast of risks and scenarios of chemical incidents, determination of the scope of impact, estimation of consequences, and identification of the classification level of the chemical incident.

c) Solutions for preventing chemical incidents at chemical storage areas and at high-risk locations; solutions for storage and prevention of chemical loss.

d) Solutions for responding to chemical incidents at high-risk areas, including the following content:

Hazard zoning and the plan for deploying forces and means according to terrain and meteorological conditions.

Techniques and materials for responding to identified incident scenarios.

The manner of using personal protective equipment appropriate to the hazardous properties of each type of chemical involved in the incident.

The plan for coordinating with forces outside the facility.

The plan for evacuating people and property.

dd) The plan for chemical incident response drills.

e) The plan for remedying the consequences of chemical incidents as provided by relevant law.

4. The content specified at Points b, c and d, Clause 3 of this Article constitutes the core content of the Chemical Incident Prevention and Response Plan.

5. The Minister of Industry and Trade shall provide detailed guidance on Clause 3 of this Article.

Article 34. Appraisal of the Chemical Incident Prevention and Response Plan

1. The dossier applying for appraisal of the Chemical Incident Prevention and Response Plan includes:

a) A written request for appraisal of the Chemical Incident Prevention and Response Plan, in the form specified in Clause 8 of this Article;

b) The Chemical Incident Prevention and Response Plan, in 9 copies.

2. Order and procedures for appraisal and approval of the Chemical Incident Prevention and Response Plan:

a) The organization or individual requesting appraisal of the Chemical Incident Prevention and Response Plan shall prepare 1 set of the dossier and send it to the appraising agency by post, direct submission, or through the online public service system. The time for submitting the dossier requesting appraisal shall follow Clause 3 of this Article;

b) Where the dossier is incomplete or invalid, within 3 working days from the date of receiving the dossier, the appraising agency shall notify the return of the dossier to the organization or individual, clearly stating the reason;

c) After receiving a complete and valid dossier, the appraising agency shall be responsible for organizing the appraisal of the Plan within 15 working days. The appraisal of the Plan shall be conducted through the Appraisal Council as provided in Clause 4 of this Article;

d) The appraising agency shall be responsible for sending the appraisal result notification to the organization or individual within 5 working days from the date the appraisal ends. The appraisal result notification must clearly state the Appraisal Council's conclusion on whether the Plan is eligible or ineligible to proceed to the next steps, and the requirements for the organization or individual.

Where the Plan is not eligible to proceed to the next steps, the organization or individual shall be responsible for developing and resubmitting the Plan for appraisal.

Where the Plan is eligible to proceed to the next steps, the organization or individual shall be responsible for implementing the Appraisal Council's requirements stated in the appraisal result notification;

dd) By the time for approval of the Plan as provided in Clause 3 of this Article, the organization or individual shall send a report on the results of implementing the Appraisal Council's requirements stated in the appraisal result notification, together with 1 electronic copy and 7 printed copies of the revised and supplemented Plan, to the Appraisal Council through the appraising agency;

e) No later than 20 working days from the date of receiving the organization's or individual's report, the Appraisal Council shall conduct an actual inspection of the implementation of the Council's requirements stated in the appraisal result notification; report the inspection results; and conclude with a recommendation to approve or not approve the Plan;

g) No later than 10 working days from the date of receiving the Appraisal Council's inspection result report, the agency approving the Plan shall consider and approve the Plan; where the Plan is not approved, a written reply clearly stating the reason must be given. The form of the Decision approving the Plan is specified in Appendix II enclosed with this Decree;

h) On the basis of the approved Plan, the appraising agency shall certify the flyleaf of the Plan and send the approval Decision together with the Plan to the organization or individual, and to relevant local agencies and units where the project is implemented, including: the provincial People's Committee; the provincial specialized management agency; the provincial fire prevention and fighting management agency; the provincial environmental management agency; the management board of the industrial park, export processing zone or economic zone, where the project location is within an industrial park, export processing zone or economic zone; and the commune-level People's Committee, where the Chemical Incident Prevention and Response Plan is approved by the provincial People's Committee.

3. Timing of appraisal and approval of the Chemical Incident Prevention and Response Plan

a) For an investment project, the investor must submit the Chemical Incident Prevention and Response Plan for appraisal before the appraisal conclusion on the Construction Investment Feasibility Study Report or the Economic-Technical Report is issued;

After completing the construction works, the investor shall report to the Appraisal Council for inspection of the implementation of the requirements stated in the appraisal result notification and for a recommendation to approve the Plan. The investor may put the facility into operation only after the Chemical Incident Prevention and Response Plan has been approved;

b) For cases not falling under Point a of this Clause, the investor, organization or individual must submit the Chemical Incident Prevention and Response Plan to the competent State agency for appraisal and approval before storing chemicals.

4. Organization and operation of the Appraisal Council for the Chemical Incident Prevention and Response Plan:

a) The Appraisal Council shall be established by the agency approving the Plan. The composition of the Appraisal Council includes representatives of the appraising agency, State management agencies, and experts in relevant fields;

b) The organizational structure of the Appraisal Council includes: the Council Chairperson, the Vice Chairperson (if any), a reviewing member, a secretary member, and other members. The total number of Council members is at least 7 and at most 9;

c) The Appraisal Council shall be responsible for evaluating and appraising the Plan, conducting an actual inspection of the implementation of the requirements stated in the appraisal result notification, and bearing responsibility for the appraisal and inspection conclusions. The Appraisal Council shall cease operation and automatically dissolve after the Plan is approved;

d) The Appraisal Council shall operate on the principle of collective discussion among its members and shall prepare minutes in the prescribed form. The evaluation of the Plan shall be conducted through evaluation sheets;

dd) The Appraisal Council shall hold a meeting only with the participation of at least two-thirds of its members, including the Chairperson or Vice Chairperson and at least 1 reviewing member. Only Council members attending the appraisal meeting may vote to evaluate the Plan;

e) For the Plan appraisal meeting, the Council Chairperson, or the Vice Chairperson where the Chairperson is absent, shall issue the appraisal conclusion on the Plan on the following principles: the Plan is passed without requiring revision or supplementation if at least two-thirds of the Council members attending the meeting agree to pass it and the remaining members agree to pass it subject to revision and supplementation; the Plan is not passed if more than one-third of the Council members attending the meeting disagree with passing it; in other cases, the Plan is passed subject to revision and supplementation;

g) For the inspection of the implementation of the requirements stated in the appraisal result notification, the Council Chairperson, or the Vice Chairperson where the Chairperson is absent, shall issue the conclusion on the following principles: recommend approval of the Plan if at least two-thirds of the Council members participating in the inspection agree to approve it; recommend against approval of the Plan if fewer than two-thirds of the Council members participating in the inspection agree to approve it.

5. Responsibilities of the organization or individual whose Chemical Incident Prevention and Response Plan has been approved:

a) During chemical activities, the organization or individual must ensure strict compliance with the requirements set out in the approved Plan;

b) Keep the approved Chemical Incident Prevention and Response Plan at the chemical establishment as a basis for the organization or individual to carry out safety control work at the chemical establishment, and present it to the competent authority upon request;

c) The investor and the organization or individual engaged in chemical activities shall be responsible for updating the Chemical Incident Prevention and Response Plan on the national database within 30 days from the date of the decision approving the Plan, except where done for national defense or security purposes.

6. Competence for appraisal and approval of the Chemical Incident Prevention and Response Plan

a) The Ministry of Public Security shall take charge of and coordinate with relevant State agencies in organizing the appraisal and approval of the Chemical Incident Prevention and Response Plan in the field of security and social order and safety;

b) The Ministry of National Defense shall take charge of and coordinate with relevant State agencies in organizing the appraisal and approval of the Chemical Incident Prevention and Response Plan in the field of national defense;

c) The Ministry of Industry and Trade shall take charge of and coordinate with relevant State agencies in organizing the appraisal and approval of the Chemical Incident Prevention and Response Plan in the civil sector for subjects specified at Point a, Clause 2, Article 33 of this Decree;

d) The provincial People's Committee where the chemical project or chemical establishment is located shall take charge of and coordinate with relevant State management agencies in organizing the appraisal and approval of the Chemical Incident Prevention and Response Plan in the civil sector for subjects specified at Point b, Clause 2, Article 33 of this Decree.

7. The project investor, organization or individual shall pay an appraisal fee as provided by the law on fees and charges when submitting the dossier requesting appraisal of the Chemical Incident Prevention and Response Plan.

8. The Minister of Industry and Trade shall prescribe the forms specified in this Article.

Article 35. Chemical Incident Prevention and Response Measures

1. Subjects required to develop the Measures:

a) Organizations and individuals storing hazardous chemicals, except for the cases specified in Clause 2, Article 33 of this Decree, must develop Chemical Incident Prevention and Response Measures and issue a decision promulgating the Measures before officially commencing operation;

b) Organizations and individuals engaged in the transport of hazardous chemicals must develop Chemical Incident Prevention and Response Measures for transport and carry them during the transport of hazardous chemicals;

c) Organizations and individuals falling under Point a of this Clause shall be responsible for updating the Chemical Incident Prevention and Response Measures on the national database within 30 days from the date of promulgation of the Measures.

2. Chemical Incident Prevention and Response Measures must contain the following content:

a) Identification, zoning and a plan for regularly inspecting locations with a high risk of chemical incidents;

b) Solutions for preventing chemical incidents; solutions for storage and prevention of chemical loss;

c) On-site response measures, equipment and forces;

d) Scenarios and situations of chemical incidents and plans for handling such situations;

dd) The plan for coordinating with external forces to respond to chemical incidents.

3. Chemical Incident Prevention and Response Measures for transport must contain the following content:

a) Information on the investor of the transport unit and the means of transport, and information on the hazardous chemicals being transported;

b) Forecast of risks and scenarios of chemical incidents, and on-site response measures, equipment and forces;

c) The plan for inspecting and supervising the means of transport and the solutions for preventing chemical incidents;

d) The plan for coordinating with external forces to respond to chemical incidents.

4. The Minister of Industry and Trade shall provide detailed guidance on Clauses 2 and 3 of this Article.

Article 36. Implementation of the Chemical Incident Prevention and Response Plan and the Chemical Incident Prevention and Response Measures

1. Organizations and individuals engaged in chemical activities are obliged to fully implement the content of the approved Chemical Incident Prevention and Response Plan or the promulgated Chemical Incident Prevention and Response Measures.

2. Organizations and individuals storing hazardous chemicals on the list of chemicals for which a chemical incident prevention and response plan must be developed, promulgated in Appendix IV of Decree No. 24/2026/ND-CP dated January 17, 2026 of the Government prescribing the lists of chemicals within the scope of regulation of the Law on Chemicals, shall be responsible for organizing chemical incident response drills periodically every year and for updating drill activities on the specialized chemical database.

3. The investor and the organization or individual engaged in chemical activities must adjust the Chemical Incident Prevention and Response Plan in the following cases:

a) A change expanding the scale, or a change in the technology line, production, use or storage equipment of the project or the chemical storage facility, where it falls under the case specified in Clause 2, Article 33 of this Decree;

b) Addition of a type, or an increase in the maximum storage quantity at any given time, of a hazardous chemical on the list of chemicals for which a chemical incident prevention and response plan must be developed.

4. The development, appraisal and approval of an adjusted Plan shall be conducted as for the first-time Plan.

5. Where the investor or organization/individual whose Chemical Incident Prevention and Response Plan has been approved makes a change expanding the scale, or a change in the technology line, production, use or storage equipment of the project or the chemical storage facility, but such change is not related to a hazardous chemical on the list of chemicals for which a chemical incident prevention and response plan must be developed, it must develop and promulgate measures for the changed items.

6. Where an organization or individual that has promulgated Chemical Incident Prevention and Response Measures makes a change during the course of investment and operation relating to the content set out in the Measures, but the case does not fall under Clause 2, Article 33 of this Decree, the organization or individual must supplement and revise the Measures.

7. Where an organization or individual that has promulgated Chemical Incident Prevention and Response Measures makes a change during the course of investment and operation that results in the case falling under Clause 2, Article 33 of this Decree, the organization or individual must develop a Chemical Incident Prevention and Response Plan and submit it to the competent authority for appraisal and approval.

8. The changed items of the project or chemical establishment may be put into operation only after the Chemical Incident Prevention and Response Plan has been approved or the Chemical Incident Prevention and Response Measures have been promulgated.

9. The Minister of Industry and Trade shall provide detailed guidance on the content, organizational procedures, and records for chemical incident response drills specified in this Article.

Article 37. Provincial-level Chemical Incident Prevention and Response Plan

1. The content of the provincial-level Chemical Incident Prevention and Response Plan includes:

a) A summary of the characteristics and status of natural and social conditions and an assessment of the effect of the above factors on chemical incident prevention and response work in the province;

b) An overview of chemical activities in the province; an assessment of the situation of chemical incidents and the province's chemical incident response capacity;

c) Development of solutions for chemical incident prevention and response in the province;

d) The plan for remedying the consequences of chemical incidents as provided by the law on environmental protection and other relevant law;

dd) The plan for deploying and implementing the prevention plan and chemical incident response drills in the province.

2. The provincial People's Committee shall assign its specialized affiliated agency to coordinate with relevant agencies in the locality to develop a draft, and send it for comments to relevant agencies. It shall receive and explain the comments, finalize the draft, and submit it to the provincial People's Committee for consideration and promulgation of the provincial-level Chemical Incident Prevention and Response Plan.

Within 15 working days from the date of receiving the draft provincial-level Chemical Incident Prevention and Response Plan as provided in Clause 3 of this Article, the provincial People's Committee shall consider and promulgate the provincial-level Chemical Incident Prevention and Response Plan.

3. The Minister of Industry and Trade shall provide detailed guidance on Clause 1 of this Article.

4. The provincial People's Committee is responsible for:

a) The Chairperson of the provincial People's Committee and the heads of relevant agencies shall be responsible for implementing the promulgated provincial-level Chemical Incident Prevention and Response Plan;

b) Directing the functional agencies in the province to guide, urge and inspect chemical establishments in the province in developing plans or measures for chemical incident prevention and response appropriate to the scale, production conditions and properties of the chemicals concerned; and inspecting the chemical incident response capacity of chemical establishments;

c) Strengthening the management, inspection and examination of law enforcement, especially the licensing of the production, trading and use of chemicals and explosive materials by establishments, organizations and individuals within the managed area, in accordance with the Law on Chemicals No. 69/2025/QH15 and the law on management and use of weapons, explosive materials and support tools, and preventing chemical incidents and fires and explosions;

d) Organizing provincial-level chemical incident response drills with the participation of the agencies responsible in the locality, according to the promulgated plan.

Article 38. Enhancing capacity for prevention of and response to chemical incidents in the civil sector

1. The Ministry of Industry and Trade shall take charge of and coordinate with ministries and sectors in developing a national-level Chemical Incident Prevention and Response Plan and periodically organizing national-level chemical incident response drills.

2. The Ministry of Industry and Trade shall take charge of developing a project to upgrade infrastructure for the purpose of practice, training and capacity enhancement in chemical incident prevention and response work, and submit it to the Prime Minister for approval.

Article 39. Handling of toxic chemical residues from war

1. The National Steering Committee for Overcoming the Consequences of Bombs, Mines and Toxic Chemicals after the War in Vietnam (hereinafter referred to as the Steering Committee) shall research and propose to the Prime Minister directions and solutions for resolving important inter-sectoral issues on handling toxic chemical residues from war.

2. The Steering Committee shall take charge of and coordinate with relevant agencies and provincial People's Committees in developing a plan and program for implementing the handling of toxic chemical residues from war, and submit it to the Prime Minister for approval.

3. The Steering Committee shall develop regular and ad hoc reports on the handling of toxic chemical residues from war.

4. The Steering Committee, provincial People's Committees, and the relevant agencies specified in Clause 2 of this Article shall be responsible for implementing the approved Plan for handling toxic chemical residues from war.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 40. Transitional provisions

1. Organizations and individuals conducting chemical specialty consultancy activities under contracts or agreements signed before the effective date of this Decree may continue to perform them under the signed contracts or agreements.

2. Organizations and individuals that have promulgated Chemical Incident Prevention and Response Measures before the effective date of this Decree, but that fall under the subjects specified at Point b, Clause 2, Article 33 of this Decree, must develop a Chemical Incident Prevention and Response Plan and submit it to the competent authority for appraisal and approval before December 31, 2026.

3. Provincial People's Committees that have developed a provincial-level Chemical Incident Prevention and Response Plan promulgated before the effective date of this Decree shall continue to implement the promulgated content of the Plan.

Article 41. Effect

1. This Decree takes effect from the date of signing.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees of provinces and centrally run cities, and the subjects of application of this Decree shall be responsible for implementing this Decree.

PHỤ LỤC I

MẪU CHỨNG CHỈ TƯ VẤN CHUYÊN NGÀNH HÓA CHẤT (Kèm theo Nghị định số 25/2026/NĐ-CP ngày 17 tháng 01 năm 2026 của Chính phủ)

PHỤ LỤC II

MẪU QUYẾT ĐỊNH PHÊ DUYỆT KẾ HOẠCH PHÒNG NGỪA, ỨNG PHÓ SỰ CỐ HÓA CHẤT (Kèm theo Nghị định số 25/2026/NĐ-CP ngày 17 tháng 01 năm 2026 của Chính phủ)

APPENDIX III

LIST OF CHEMISTRY TRAINING DISCIPLINES (Enclosed with Decree No. 25/2026/ND-CP dated January 17, 2026 of the Government)