On behalf of the drafting body, Minister of Industry and Trade Nguyen Hong Dien would like to thank the National Assembly representatives for their candid, responsible and passionate comments on the Chemical Law Project (edit).
The minister said the Ministry of Trade, Industry and Energy received 56 comments following the group discussion on August 11. Taken together, the majority of lawmakers approved the need to develop the Chemicals Act (Amendment). Because chemicals are considered a basic industry for every country and every economy. Chemicals and chemical products are everywhere around us, serving us and surrounding us. Therefore, the Chemical Substances Act (revision) must be promulgated to quickly institutionalize the party’s new guidelines and policies in the chemical field and quickly overcome the problems and shortcomings of the current law. The delegation also appreciated the preparation of the legal project document.
According to the minister, in the process of developing the draft law, the drafting body thoroughly grasped the guiding spirit of current party and national leaders.Enacting laws in a constructive direction not only ensures state management requirements, but also encourages creativity and liberates all productive capacity.“,”Be sure to let go of the idea that if you can’t control it, it’s prohibited.“; “The law regulates only basic and principled matters, which need not be too lengthy.“. At the same time, the drafting body has consistently implemented the government’s views submitted to the National Assembly. Promote the reduction and simplification of administrative procedures and the maximum application of information technology, thereby reducing management resources and creating favorable conditions for enterprises. It does not affect the effectiveness and efficiency of state management and ensures the synchronization and uniformity of the legal system.
The Ministry of Trade, Industry and Energy received and explained the report with the consent and cooperation of the verification agency and sent it to the National Assembly representatives.
In today’s debate, there were 11 comments continuing to offer opinions on the draft law. The Minister promised to direct the drafting body to conduct serious study and obtain valid comments from representatives to continue finalizing the draft bill and submit it to the National Assembly for consideration and approval. At the same time, Minister Nguyen Hong Dien mentioned and clarified seven groups of issues to further clarify a number of issues proposed by the National Assembly Standing Committee and attracting the attention of many National Assembly representatives.
first problem, About the name and scope of application of the law.
The drafting agency judged that the name of the Chemical Act (Amendment) was appropriate, inherited and developed the current Chemical Act, and contained all the contents of the 41st bill in accordance with the National Assembly Standing Committee Resolution No. 4.
“The drafting agency will continue to review and clarify the scope of adjustment and application principles by receiving opinions from National Assembly members to ensure that the content is comprehensively addressed, and will make decisions after thoroughly understanding the National Assembly’s position and guidelines. Complies with international practices but does not create contradictions, duplications or conflicts with other relevant laws.“- emphasized the Minister.
second problem, On national policy in the field of chemistry. The chemical sector policy of this draft law institutionalizes the guidelines and policies of the party and the state regarding the development of the chemical industry as stated in the 10-year socio-economic development strategy (2021-2030) and the resolution and conclusion of the 6th 36th plenary session. . 81-KL/TW, Conclusion of the Politburo on promoting the green transition of the circular economy and the implementation of an equitable public energy transition 81-KL/TW.
The drafting body will receive opinions from representatives and cooperate with relevant organizations to study and clarify solutions to fully institutionalize the Party and state guidelines and policies in accordance with international practice, thereby supplementing the draft law and other relevant laws. Synchronization and unity of the legal system.
third problemabout the development of the chemical industry.
According to the head of the Industry and Trade Department, in order to institutionalize the Party’s guidelines and policies for industrial development, especially basic industries including the chemical industry, it is necessary to establish a mechanism to promote the chemical industry and prepare appropriate, simultaneous and implementable policies. development. Because chemicals are claiming an increasingly important role in every economy, contributing to a self-reliant and self-reliant economy.
“Therefore, the draft law maintains the form of investment incentives in accordance with the provisions of the Investment Law, while also adjusting the provisions on the eligibility of investment support incentives, especially for projects in the core chemical industry sector. It then directed the government to make detailed regulations to ensure operational flexibility in line with substantial investment activities in the chemical sector.“- said Minister Nguyen Hong Dien.
In the future, with input from delegations, the drafting body will continue to review and clarify the relationship between the chemical industry development strategy and the national planning system. Clarifies the topic and investment incentive policies, as well as policies to mobilize social resources, to create conditions for domestic and foreign investors interested in investing in this important sector.
Fourth problem, It concerns the management of chemical activities, especially toxic chemicals that require special management.
In order to strengthen the management of toxic chemicals, risk control and safety and security losses caused by chemicals, the drafting body proposed to amend and supplement the draft Chemicals Act (Amendment) through a number of provisions decided as follows:
One is, Revise and supplement chemical regulations throughout the entire life cycle, from the point when chemicals are created or introduced into Vietnamese territory to distribution, use and disposal. Accordingly, the draft law supplemented the regulations on the import, production, business and transportation of chemicals with different levels of stringency to ensure safety and consistency in the production and use of chemicals and ensure safety for the environment.
The twowhich proposes adding pre-screening measures for import activities of chemicals requiring special management, while strengthening sanctions for violations to increase the level of deterrence, rather than requiring companies to only perform automatic chemical declarations as they currently do.
XNUMX silvercomplements the regulations on information technology and digital transformation in controlling trading activities of chemicals requiring special management, in order to monitor the entire path of chemicals from import manufacturers to end use.
zero isProvisions to strengthen the decentralization of management among local governments, relevant ministries and branches in the management of units providing chemical storage and transportation services that require special controls to enhance safety and security and prevent loss or inappropriate use of chemicals. Revise and supplement. At the same time, it clearly provides for a decentralized assessment of plans to prevent and respond to chemical accidents, especially local fires and explosions, in order to ensure the proactivity and timeliness that many delegates fear.
The year isin particular, stipulates that organizations and individuals using chemicals that require management must register the purpose and necessity of using chemicals in a database to establish an information system for public management, especially post-inspection work to minimize misuse of chemicals. Complements .
six isbeing toxic chemicals, very specific regulations are needed for the production and storage of toxic chemicals in locations away from residential areas, and there must be special control mechanisms for the use and circulation of these types of chemicals in the workplace.
“Compared to the current Chemicals Act (Amendment), the Chemicals Act (Amendment) is synchronized with regulations that strengthen and strengthen the management of chemical activities throughout their entire life cycle, especially for chemicals requiring special management. Strengthen decentralization, decentralization and database sharing to improve management efficiency at central and local levels.“- The Commander-in-Chief of the Industry and Trade Sector confirmed and added that in the future the drafting body will closely cooperate with the management bodies in the field of use of chemicals in the field of research and risk assessment to regulate the management of toxic chemicals, especially hazardous chemicals. Ensure rigor and efficiency through policy impact assessments to propose solutions.
fifth big problem The issue of hazardous chemicals in products, commodities and chemical safety.
According to the Minister, the delegation’s opinions on this matter mainly focus on assessing the conformity with relevant legal provisions to ensure the convenience of the implementation process for enterprises and compliance with the enforcement capabilities of state management agencies after the law is promulgated; there is. .
These issues were thoroughly investigated and evaluated by the drafting body during the development of the draft law, which will continue to be finalized and presented to delegates to the National Assembly.
The drafting body will collect opinions from representatives and continue to study and clarify the above, especially data sharing issues, to strengthen management and report to the National Assembly at the next meeting.
sixth problemStatus management of chemicals.
Minister Nguyen Hong Dien said the chemical’s versatility allows it to be used in a variety of industries and fields. Therefore, chemicals can be jointly managed by multiple ministries depending on their use. Therefore, thoroughly applying the principles of strengthening decentralization and strengthening decentralization, the draft law clearly stipulates the management responsibilities of each ministry, branch, region and functional unit.
“However, in order to ensure administrative flexibility and long-term stability of the law, the legislative body plans to review and adopt only matters under the jurisdiction of the National Assembly to be included in the law. It was decided to transfer the details to the National Assembly. The government stipulates clear management responsibilities of management agencies for the production, transportation and storage of chemicals, while continuously reviewing, evaluating and regulating the resources of national management agencies at the central level. , local authorities ensure effective decentralization and implementation..” – emphasized the Minister.
seventh problemexplains administrative procedures and transitional provisions.
The Minister clarified that the draft law provides for 12 groups of administrative procedures, out of which four new groups of administrative procedures will arise, but at the same time abolish nine current groups of administrative procedures. Accordingly, administrative procedures in the chemical field will be reduced to five groups compared to the current regulations. The administrative procedures of the draft law have been researched and developed in a way that strictly adheres to the principles of decentralization and strengthening decentralization, while simplifying the process and promoting the application of information technology in management aspects.
Regarding the transitional content, the drafting body will investigate and absorb it to ensure that the subject is not adversely affected or faces problems in exercising its rights and obligations to the governing body. At the same time, the rights and obligations of affected entities in production and management practices are guaranteed in accordance with current legal provisions. If problems arise during the transition, the National Assembly recommends that the government allocate: Make specific regulations.
The drafting body will continue to investigate and accept opinions from other delegates to complete the draft bill. “After today’s debate, we will work with the host organization to research and absorb as many valid opinions from delegates as possible to finalize the draft bill and submit it to the National Assembly for consideration and approval at the next meeting.” – the Minister emphasized.
In light of Vietnam’s commitment to sustainable development, how can the chemical industry be developed in a way that minimizes environmental impact and promotes circular economy principles?
## Open-Ended Questions for Discussion on Vietnam’s Chemical Industry Development:
This article touches on multiple important issues related to the development of the chemical industry in Vietnam. Here are some open-ended questions to encourage discussion and exploration of different viewpoints:
**Section 1: Development Strategy & Investment:**
* How can Vietnam’s national planning system effectively balance the desire for economic growth through chemical industry development with the need for environmental protection and public safety?
* What specific types of incentives would be most effective in attracting both domestic and foreign investment in the chemical sector?
* How can Vietnam ensure that local communities have a voice in the development of chemical projects and that their concerns are adequately addressed?
**Section 2: Management of Toxic Chemicals:**
* The article highlights the need for stricter regulations on toxic chemicals. What are some potential downsides or challenges associated with implementing such regulations, and how can Vietnam mitigate these challenges?
* How can Vietnam leverage technology and data sharing to improve the effectiveness of chemical management, specifically for chemicals requiring special control?
* What role should international cooperation play in addressing the transboundary risks associated with the production, transportation, and disposal of toxic chemicals?
**Section 3: Hazardous Chemicals in Products & Commodities:**
* What are the best ways to ensure that products and commodities containing hazardous chemicals meet required safety standards without placing an undue burden on businesses?
* What mechanisms can be put in place to effectively monitor the safety of chemicals used in everyday products, and how can consumers be empowered to make informed choices?
**Section 4: Status Management of Chemicals:**
* How can Vietnam’s decentralized approach to chemical management ensure coordination and accountability among different ministries and agencies?
* What safeguards should be in place to prevent regulatory loopholes and ensure consistent enforcement of chemical regulations across the country?
**Section 5: Administrative Procedures and Transition:**
* The article mentions a reduction in administrative procedures. How can this reduction be achieved without compromising safety and environmental protections?
* What specific support measures should be provided to businesses and individuals during the transition period to a new chemical regulatory framework?
These are just some starting points for discussion.
