Chemical Business Conditions [LATEST]

Chemical business conditions aim to to ensure workforce and community safety. Understanding these legal requirements helps enterprises operate in compliance and avoid legal violations.

Required Licenses for Chemical Business

To participate in the chemical sector, an enterprise must comply with all legal, environmental, and fire safety regulations. The following are key legal documents required for a chemical business under current law.

• Enterprise Registration Certificate

This is the foundational legal document for any chemical business organization. According to Clause 2, Article 10 of Decree 113/2017/NĐ-CP, an organization or individual must be a legally established entity under Vietnamese law. This certificate is a prerequisite for obtaining other licenses for chemical business activities. The Enterprise Registration Certificate must list chemical business as a permitted activity. If an existing certificate does not include this business line, the enterprise must amend the certificate.

• Certificate of Eligibility for Chemical Business

This is the most critical license for chemical business operations. An organization cannot conduct chemical business activities without this certificate. As stipulated in Clause 3, Article 10 of Decree 113/2017/NĐ-CP, the processing time for an application is 20 working days from the receipt of a complete and valid file. The licensing authority will conduct an on-site inspection to verify the declared conditions. Therefore, the enterprise must prepare all necessary conditions and cooperate with the inspection team.

>>> See more at: Vietnam Chemical Business License Guide [2025].

• Environmental License or Environmental Registration

Depending on the scale and nature of the chemical business, an enterprise must either complete an environmental registration at the commune-level People’s Committee or obtain an environmental license from a competent authority. Compliance with environmental regulations ensures that chemical business operations do not negatively impact the surrounding environment.

• • According to Clause 1, Article 49 of the 2020 Law on Environmental Protection, small-scale chemical businesses that generate waste but are not required to have an environmental license only need to perform environmental registration at the local commune-level People’s Committee.
  • According to Article 39 of the 2020 Law on Environmental Protection, large-scale chemical businesses or those with significant environmental impact potential, classified under Group I, II, and III investment projects that generate waste requiring treatment or hazardous waste, must conduct an environmental impact assessment and obtain an Environmental License. Adherence to the correct procedure—either environmental registration or obtaining an Environmental License—is a mandatory legal requirement based on the scale and environmental impact of the chemical business conditions.

>>> See more at: Cost of applying for an environmental permit for the chemical industry.

• Certificate of Fire Prevention and Fighting (PCCC) Design Appraisal (if applicable)

A Certificate of Fire Prevention and Fighting (PCCC) Design Appraisal is required for chemical business facilities subject to appraisal under Appendix V of Decree 54/2024/NĐ-CP. Chemicals are flammable materials, making fire safety critically important. For facilities not subject to design appraisal but under fire prevention management according to Appendix I of Decree 54/2024/NĐ-CP, the enterprise must have an inspection record of fire safety or a document from a competent authority certifying compliance with fire safety conditions. Correctly identifying whether a facility requires PCCC design appraisal or only a safety inspection is a crucial step in preparing the legal file for a chemical business.

Chemical Business Conditions

According to Clause 2, Article 9 of Decree 113/2017/NĐ-CP, an organization seeking to trade chemicals must simultaneously meet conditions regarding legal status, technical infrastructure, specialized personnel, and safety management processes.

• Legal Status: The organization must be legally established with an Enterprise Registration Certificate that includes the chemical business line.
• Technical and Physical Infrastructure: As per Article 4 of Decree 113/2017/NĐ-CP, this includes workshops and warehouses that meet technical standards, processing equipment suitable for chemical properties, and safe storage and transportation systems. These chemical business conditions must be maintained throughout the operation.
• Personnel:
  • The person in charge of chemical safety must hold at least an intermediate degree in chemistry or a related field.
  • Personnel specified in Article 32 of Decree 113/2017/NĐ-CP, such as unit heads, workshop foremen, chemical safety officers, and employees working directly with chemicals, must receive chemical safety training.

Meeting these comprehensive requirements is fundamental for legal operation and ensures human and environmental safety.

Competent Authority for Licensing

The provincial-level Department of Industry and Trade where the enterprise’s head office is located is the competent authority to issue the Certificate of Eligibility for Chemical Business, according to Clause 4, Article 1 of Decree 82/2022/NĐ-CP. For enterprises with branches in multiple provinces, the Department of Industry and Trade at the head office location remains the licensing authority. The enterprise must declare all business locations in the application file.

Validity of the Certificate of Eligibility

The Certificate of Eligibility for Chemical Business is valid for 05 years from the date of issuance, as stipulated in Clause 2, Article 1 of Circular 17/2022/TT-BCT. During its validity, the enterprise must maintain all registered chemical business conditions and is subject to inspection by state management agencies.

Consulting Services by Long Phan Consulting Company

Long Phan Consulting Company provides professional consulting services for chemical business conditions. Our team of experts possesses deep experience in chemical legislation. We deliver technical solutions to ensure clients meet all legal requirements.

Our services include:

• Assessment of current infrastructure and planning for facility upgrades.
• Consultation on specific conditions the enterprise must meet.
• Guidance on completing application files for business registration, environmental permits, PCCC, and the chemical business license.
• Step-by-step procedural guidance.
• Advisory on handling file rejections or requests for modification from authorities.
• Representation for application submission and communication with state agencies.
• Receiving and delivering certificates and permits.
• Explanation of all information on the issued licenses.
• Assistance with complaints or denunciations, if any.

Our comprehensive and practical services help clients save time, reduce costs, and minimize legal risks.

Frequently Asked Questions on Chemical Business Conditions

How can enterprises stay updated on regulatory changes?

Enterprises should monitor the government’s official gazette, legal portals, and publications from relevant ministries like the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment. Subscribing to legal news services or consulting with legal experts is also effective.

Are there specific technical standards for chemical storage facilities and transport vehicles?

Yes, specific technical standards exist for chemical storage (e.g., ventilation, fire suppression systems, spill containment) and transportation (e.g., labeling, secure packaging, driver training). These standards are detailed in national technical regulations and industry-specific codes.

Is an Environmental Impact Assessment (EIA) required for all chemical businesses?

No, an EIA and an Environmental License are required only for chemical business projects classified as Group I, II, or III investment projects with significant potential environmental impact or hazardous waste generation, per Clause 1, Article 30 of the 2020 Law on Environmental Protection. Smaller operations may only need to complete an environmental registration.

What educational qualification is required for the chemical safety officer?

The person in charge of chemical safety must have at least an intermediate degree (or equivalent) in a chemical-related major.

Are there specific training requirements for staff handling chemicals?

Yes, all personnel directly working with chemicals, including unit heads and safety officers, must undergo mandatory chemical safety training as required by Clause 2, Article 9 of Decree 113/2017/NĐ-CP.

Conclusion

Fulfilling the legal chemical business conditions is mandatory for any organization operating in this sector. If you have further questions regarding the chemical business conditions, contact Long Phan Consulting Company through our hotline at 1900 636389 for a free consultation with our expert team.