Chemicals subject to special control are a group of chemicals that are strictly regulated by law to ensure chemical safety and security and prevent the risk of loss or misuse. Under current regulations, organizations engaged in the production or trading of such chemicals are required to satisfy certain conditions and obtain a License before carrying out activities subject to licensing requirements. What conditions must an organization satisfy to obtain a License for the production and trading of chemicals subject to special control? What documents are required, and what procedures must be followed?
In this article, Hong Bang Law Firm provides an overview of the License for the Production and Trading of Chemicals Subject to Special Control in accordance with current regulations.
LEGAL BASIS
- Law on Chemicals No. 69/2025/QH15;
- Decree No. 24/2026/ND-CP prescribing the lists of chemicals subject to the regulation of the Law on Chemicals;
- Decree No. 25/2026/ND-CP detailing and providing measures for the implementation of a number of provisions of the Law on Chemicals regarding the development of the chemical industry and chemical safety and security;
- Decree No. 26/2026/ND-CP detailing and guiding the implementation of a number of provisions of the Law on Chemicals regarding the management of chemical activities and hazardous chemicals in products and goods;
- Circular No. 01/2026/TT-BCT providing detailed regulations and guidance on the implementation of certain provisions of the Law on Chemicals and Decree No. 26/2026/ND-CP of the Government providing detailed regulations and guidance on the implementation of certain provisions of the Law on Chemicals regarding the management of chemical activities and hazardous chemicals in products and goods.
- Other relevant legal documents.
CONDITIONS FOR OBTAINING THE LICENSE
Under Decree No. 26/2026/ND-CP, organizations producing or trading chemicals subject to special control must satisfy conditions applicable to the respective activities for which the License is sought.
For production activities:
- The production organization must be duly established and lawfully operating in accordance with applicable regulations;
- Production facilities and warehouses must satisfy the requirements on facilities and chemical safety and have safe operating procedures posted in the production area;
- The production technology must satisfy the requirements prescribed by regulations on chemical safety;
- Chemicals must be zoned, arranged, and stored in accordance with their respective properties, ensuring that no incompatible chemicals are stored together in a manner that may cause unsafe reactions;
- The person responsible for chemical safety at the production facility must hold at least a university degree in chemistry and satisfy other applicable professional requirements;
- The organization must have a plan for controlling and preventing the loss of chemicals subject to special control, which must at least specify the types and quantities of chemicals, storage methods, and inspection and supervision plans;
- Chemicals subject to special control may only be produced for purposes that are not prohibited by law;
- The organization must comply with the requirements applicable to chemical production activities under Decree No. 25/2026/ND-CP.
For trading activities:
- The trading organization must be duly established in accordance with applicable regulations;
- The organization must have a storage warehouse satisfying the prescribed requirements or rent a warehouse from an organization holding a Certificate of Eligibility for Chemical Storage Services appropriate to the scale and types of chemicals traded;
- Safe operating procedures must be available and posted in the chemical storage area;
- Chemicals must be appropriately zoned, arranged, and stored according to their respective properties;
- The person responsible for chemical safety at the trading facility must hold at least an intermediate-level degree in chemistry and satisfy other applicable professional requirements;
- The organization must have a plan for controlling and preventing the loss of chemicals subject to special control;
- Chemicals subject to special control may only be traded for purposes that are not prohibited by law;
- The organization must comply with the requirements applicable to chemical trading activities under Decree No. 25/2026/ND-CP.
DOCUMENTS REQUIRED
Under Article 13 of Decree No. 26/2026/ND-CP, the required dossier varies depending on whether the organization applies for a Production License, Trading License, or License for both production and trading.
For a Production License, the dossier includes:
- An application for a License for the production of chemicals subject to special control;
- Legal documents and other documents relating to the facility as prescribed at Points b, c, d, e and g, Clause 1, Article 9 of Decree No. 26/2026/ND-CP;
- An explanation of the technological process and safe operating procedures for the production of chemicals subject to special control;
- A plan for controlling and preventing the loss of chemicals subject to special control and an undertaking to produce such chemicals only for purposes that are not prohibited;
- Safety Data Sheets (SDSs) for the chemicals subject to special control for which the Production License is sought.
For a Trading License, the dossier includes:
- An application for a License for the trading of chemicals subject to special control;
- Legal documents and documents relating to the trading facility and warehouse as prescribed at Points b, c, d, e and g, Clause 2, Article 9 of the Decree;
- A plan for controlling and preventing the loss of chemicals subject to special control and an undertaking to trade such chemicals only for purposes that are not prohibited;
- Safety Data Sheets (SDSs) for the chemicals subject to special control for which the License is sought.
For a License for both production and trading, the dossier includes the documents applicable to both production and trading activities, including an explanation of the technological process and safe operating procedures and a plan for controlling and preventing the loss of chemicals subject to special control.
APPLICATION PROCEDURES
Step 1: Preparation and submission of the dossier
The organization prepares one set of dossier and submits it to the Ministry of Industry and Trade through one of the following methods:
- By post;
- In person; or
- Through the online public service system.
Step 2: Dossier review
Within 03 days from the date of receipt of the dossier, if the dossier is incomplete or invalid, the Ministry of Industry and Trade shall notify the organization to supplement and complete the dossier.
The time taken by the organization to complete the dossier is not included in the statutory licensing period.
Step 3: Appraisal and inspection of actual conditions
Within 16 working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade shall review and appraise the dossier and inspect the organization’s actual conditions.
If all applicable conditions are satisfied, the Ministry of Industry and Trade shall issue the License for the production and trading of chemicals subject to special control.
If the License is not granted, the competent authority shall provide a written response stating the reasons for refusal.
Where the organization rents a warehouse from a chemical storage service provider, the competent authority shall review the storage service agreement and assess the suitability of the scale, types of chemicals, and warehouse conditions.
COMPETENT AUTHORITY
The authority to issue the License is decentralized based on the group of chemicals, as follows:
- Provincial-level People’s Committee where the organization’s head office is located: Issues the License for production, trading, or both production and trading of Group 2 chemicals subject to special control, provided that the organization does not produce or trade Group 1 chemicals.
- Vietnam Chemicals Agency: Issues the License for Group 1 chemicals subject to special control, or where the organization produces or trades both Group 1 and Group 2 chemicals.
For import and export licenses, the provincial-level People’s Committee is competent for Group 2 chemicals, while the Vietnam Chemicals Agency is competent for Group 1 chemicals. The Vietnam Chemicals Agency also receives information on imported chemical declarations in accordance with regulations.
PROCESSING TIME
The processing time for the issuance of the License is 16 working days from the date of receipt of a complete and valid dossier.
APPRAISAL FEE
The organization applying for the License must pay the appraisal fee in accordance with applicable regulations on fees and charges upon submission of the dossier.
VALIDITY OF THE LICENSE
The License for the production and trading of chemicals subject to special control is valid for 05 years from the date of issuance.
The License may be re-issued or adjusted in cases prescribed by law. In the case of re-issuance, the validity period shall be the remaining validity period of the previously issued License. An adjusted License shall have the same validity period as a newly issued License.
RESULT
The result of the procedure is a License for the Production and Trading of Chemicals Subject to Special Control issued by the Ministry of Industry and Trade to an organization that fully satisfies the applicable statutory conditions.
The above is our article on the License for the Production and Trading of Chemicals Subject to Special Control. Should you require further legal advice or detailed information on how to access our services, please contact Lawyer Nguyen Duc Trong via hotline: 0912.35.65.75, or send your service request by email to: lawyer@hongbanglawfirm.com.
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