Decree No. 275/2026/ND-CP on Penalties in the Chemical Sector: What Should Businesses Review?

From August 25, 2026, Decree No. 275/2026/ND-CP takes effect. Businesses engaged in chemical activities should therefore review their documentation, data, and actual operating conditions to identify areas that may expose them to compliance risks.

The following article focuses on the key areas that businesses should prioritize during their review. At the same time, it clarifies which requirements businesses need to cross-check against Vietnam’s current chemical regulatory framework.

Table of contents

What Does Decree No. 275/2026/ND-CP Regulate?

Decree No. 275/2026/ND-CP regulates administrative penalties in the fields of chemicals and industrial explosives. It covers administrative violations, forms of penalties, remedial measures, authority to prepare violation records, and authority to impose penalties.

Businesses should note the following key information:

Key Item	Relevant Provision
Effective date	August 25, 2026
Regulations that cease to apply	Decree No. 71/2019/ND-CP and Article 1 of Decree No. 17/2022/ND-CP
Scope	Administrative penalties in the fields of chemicals and industrial explosives
Fines under Chapter II	Apply to individuals, except for the cases specified in Articles 9, 11, and 13
Fines for organizations	Twice the fine imposed on an individual for the same administrative violation

Importantly, Decree No. 275/2026/ND-CP sets out administrative sanctions, but it does not serve as the sole legal instrument defining all obligations that businesses must follow in chemical activities. Therefore, when reviewing each specific requirement, businesses still need to cross-check the Law on Chemicals and other relevant implementing regulations.

Which Businesses Should Pay Particular Attention?

Chemical-related activities do not occur only in companies that specialize in chemical manufacturing or trading. Many manufacturers also use chemicals as raw materials, solvents, cleaning agents, additives, or surface-treatment substances. Consequently, these businesses also need to determine which obligations apply to their actual operations.

Business/Activity Group	Key Points to Determine
Chemical manufacturing	Chemical type, regulatory category, scale, location, and manufacturing conditions
Chemical trading	Chemical type, regulatory category, business conditions, and scope of trading activities
Chemical export and import	Chemical type, purpose of export/import, declaration requirements, and licensing requirements where applicable
Use of chemicals in manufacturing	Chemical inventory, purpose of use, areas of use, and corresponding management requirements
Chemical storage services	Chemical type, warehouse conditions, service scope, and certification requirements where applicable
Manufacturing or importing products and goods containing hazardous chemicals	Product type, hazardous chemical, concentration, and obligations regarding control and information disclosure
Chemical transportation	Chemical type, vehicles, containment equipment, and transportation safety requirements
Treatment of chemical waste, destruction, or disposal of chemicals	Chemical type and technical requirements applicable to the relevant activity

Not every review area below applies to every business. Instead, businesses should define the review scope based on the type of chemical, their role in the supply chain, actual activities, and the corresponding conditions and regulatory thresholds.

1. Review the Chemical Inventory and Determine the Regulatory Category

A comprehensive chemical inventory provides the starting point for the entire review process. Businesses should consolidate all chemicals that they manufacture, trade, export, import, use, or store rather than relying on information from only one department.

For internal review purposes, businesses may create a centralized inventory that includes:

Chemical name and appropriate identification information;
Purpose of use or trading;
Quantity and area of use or storage;
Department directly responsible for management;
Current status: in use, newly introduced, or discontinued.

Based on this inventory, businesses should then compare each chemical with the relevant regulatory category, such as conditionally regulated chemicals for manufacturing and trading, specially controlled chemicals, prohibited chemicals, hazardous chemicals, or other groups subject to sector-specific requirements.

2. Review Licenses, Certificates, and the Authorized Scope of Activities

After determining the regulatory category for each chemical, businesses should review the corresponding licenses, certificates, and authorized scope of activities. The review should focus on chemical types, locations, operating scope, scale, applicable conditions, and the current status of relevant documentation.

Businesses should check the following:

Chemical type: Confirm whether the chemicals in actual use match the chemicals that the relevant authorization allows the business to manufacture, trade, export, import, or store.
Location: Confirm whether operating sites, warehouses, or facilities match the locations stated in the relevant legal documents.
Scope of activities: Verify whether manufacturing, trading, export, import, or storage services fall within the authorized scope.
Scale/capacity: Compare actual scale or capacity with the information used to determine applicable documentation, conditions, or obligations where relevant.
Operating conditions: Confirm that the business continues to maintain all conditions that supported the issuance of the relevant certificate or license.
Supporting documentation: Check validity periods, amendments, reissuance status, and documents that the business must retain.

For specially controlled chemicals, businesses should pay particular attention because Decree No. 275/2026/ND-CP separately addresses violations involving licenses. These violations include operating without a license, using a license contrary to regulatory requirements, or conducting export or import activities when the license no longer satisfies the applicable requirements.

3. Review Chemical Classification, Labels, and Safety Data Sheets

Decree No. 275/2026/ND-CP separately regulates violations relating to chemical classification under Article 26 and Safety Data Sheets under Article 27. Therefore, businesses should review these requirements as a separate compliance area instead of combining them with chemical declarations or database obligations.

3.1. Chemical Classification Under GHS

Under Article 26, businesses must use the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), Revision 2 (2007) or later when classifying chemicals. The Decree also imposes penalties when businesses place domestically manufactured or imported chemicals into use or circulation without completing the required classification.

Organizations should review whether:

Whether they have classified all chemicals that require classification;
Whether the GHS revision in use meets the applicable requirement;
Whether the current classification remains consistent with the technical information that the business manages.

3.2. Safety Data Sheets (SDS)

Article 27 of Decree No. 275 directly addresses violations such as omitting mandatory information, providing false information, or failing to provide a Safety Data Sheet when the law requires one.

In particular, businesses should confirm that Safety Data Sheets contain all mandatory information, provide accurate data, and use Vietnamese for hazardous chemicals placed into use or circulation where the applicable regulations require Vietnamese-language SDSs.

3.3. Consistency Among SDSs, Labels, and Actual Chemicals

A chemical should not carry conflicting information across warehouse records, procurement documents, production systems, and legal documentation.

Businesses should compare:

Chemical names and identification information;
Hazard classifications;
Hazard warning information;
Label information;
SDSs currently in use;
Relevant supporting documents and internal data.Chứng từ và dữ liệu nội bộ liên quan.

Businesses should ensure that identification information, hazard classifications, and warnings remain consistent across the SDS, product label, and actual chemical present at the facility.

4. Review Chemical Declarations, Reporting, and Data

Decree No. 275/2026/ND-CP addresses violations involving imported chemical declarations, information disclosure, database updates, and new chemical management under Articles 21, 24, 25, and 28. Therefore, businesses should review each category separately to determine the correct requirements and deadlines.

Area	Key Review Points
Imported chemical declarations	Determine whether the chemical requires declaration; verify the accuracy of declared information and required attachments, including the SDS where applicable.
Chemical information disclosure	For specially controlled chemicals used to manufacture goods or provide services, review the disclosure of the chemical type and purpose of use in the specialized chemical database, including completeness, accuracy, and applicable deadlines.
Updates to the specialized chemical database	Review information that requires updating in the specialized chemical database in addition to annual activity data, such as project progress, incidents, termination of operations, and other cases required by law.
Annual chemical activity updates	Businesses must update or submit information on the previous year’s chemical activities no later than February 15 each year, as required. This deadline specifically applies to the annual update of chemical activities.
Registration and reporting of new chemicals	Check whether the business registered a new chemical before placing it into use or circulation. During the five-year period from the registration date, the business must report activities involving the new chemical before February 15 each year, as required.

5. Review Hazardous Chemicals in Products and Goods

Articles 29 and 30 of Decree No. 275/2026/ND-CP establish penalties for violations relating to the control of hazardous chemicals during manufacturing and the disclosure of information on hazardous chemicals in products and goods. Businesses should cross-check the specific obligations against Articles 28 and 29 of Decree No. 26/2026/ND-CP.
Businesses may easily overlook these requirements if they focus only on chemicals used as raw materials or chemicals stored in warehouses.

For manufacturers of products and goods containing hazardous chemicals, the hazardous chemical control process should include:

Monitoring and controlling hazardous chemical composition and concentration in incoming raw materials;
Monitoring hazardous chemical emissions generated during manufacturing;
For manufacturers and importers, checking batch-based information declarations before placing products or goods on the market; disclosing hazardous chemical composition, concentration, and recommendations on restricted use in the required form; and retaining records that demonstrate the accuracy of the declared and disclosed information;
Preventing hazardous chemical losses and releases.

For disclosure obligations, businesses should determine whether their products or goods require hazardous chemical concentration information to appear in the specialized chemical database. Moreover, the information disclosed in the database and the information shown on product labels or product websites should remain consistent with supporting records.

6. Review Warehouse Conditions, Facilities, Equipment, and Transportation

Article 31 of Decree No. 275 focuses on technical infrastructure and facilities, while Article 32 separately addresses safety in chemical transportation. Together, these provisions show that businesses need to review both documentation and the actual conditions maintained at their facilities.

Businesses should check the following areas:

Factories and warehouses: Confirm compliance with applicable legal requirements based on chemical characteristics, scale, and actual activities.
Packaging and containment equipment: Check their condition and suitability for the relevant chemical and applicable requirements.
Machinery and equipment: Review inspection, calibration, adjustment, or maintenance records for equipment subject to such requirements.
Identification and warnings: Check labels on packaging and containment equipment, hazard signs, and warning information in relevant areas.
Personal protective equipment: Confirm suitability with legal requirements and with the approved or issued chemical incident prevention and response documentation.
Incident prevention and response equipment: Check location, condition, and readiness for use.
Transportation: Review vehicles, containment equipment, documentation, and legal conditions applicable to chemical transportation activities within the company’s scope.

Decree No. 275 establishes separate penalties when businesses fail to meet requirements for factories and warehouses; equipment, packaging, and containers; inspection and maintenance; labels; emergency equipment; and personal protective equipment. Article 32 also separately regulates transportation activities. Therefore, businesses should inspect these conditions directly at the facility and compare them with current records rather than relying only on documents stored in internal systems.

7. Review Responsible Personnel and Chemical Safety Training

Decree No. 275/2026/ND-CP separately regulates violations involving professional requirements for chemical activities under Article 33 and chemical safety training under Article 34. Accordingly, businesses should review training subjects, supporting records, and requirements for professionally responsible personnel at the same time.

Businesses should check the following:

Training subjects: Identify individuals who fall into Group 1, Group 2, or Group 3 under the applicable regulations.
Training records: Review participant lists, training materials, and evidence of completion for each group.
Training content: Ensure that training content matches the relevant group and applicable training requirements.
Training duration: Compare actual training hours with the minimum duration required by law.
Post-training assessment: Check whether the business conducted the required examination or assessment after training.
Record retention: Retain training records for the required period. Article 34 uses a three-year period as a basis for imposing penalties for inadequate record retention.
Professionally responsible personnel: Determine whether the relevant activity requires a person responsible for chemical safety. Where the requirement applies, verify the person’s qualifications and supporting documentation.

8. Review Chemical Incident Prevention and Response Measures and Plans

Articles 35–37 of Decree No. 275/2026/ND-CP establish penalties for violations relating to the implementation of Chemical Incident Prevention and Response Plans or Measures, declared quantities of stored hazardous chemicals, and the development, revision, or supplementation of such Plans or Measures.

8.1. When Do Chemical Incident Prevention and Response Measures Apply?

Under Article 35 of Decree No. 25/2026/ND-CP, Chemical Incident Prevention and Response Measures apply to organizations and individuals that store hazardous chemicals but do not fall within the cases that require a Plan under Clause 2, Article 33. The requirements also apply to hazardous chemical transportation as prescribed.

During the review, businesses should check whether:

They have developed and issued the Measures where required;
The Measures reflect actual operations and chemicals;
Chemical types, quantities, and storage areas match the information stated in the relevant documentation;
Facilities subject to the requirement update the Measures in the national database no later than 30 days from the date of issuance;
Businesses conducting hazardous chemical transportation prepare the Measures and carry them during transportation;
The facility actually implements the controls described in the Measures.

Decree No. 275/2026/ND-CP also imposes penalties for violations such as failing to prepare, retain, or update the Measures where the requirements apply.

8.2. When Does a Chemical Incident Prevention and Response Plan Apply?

Businesses should determine whether they need to prepare a Plan by consulting the List of Chemicals Requiring a Chemical Incident Prevention and Response Plan under Decree No. 24/2026/ND-CP and the criteria in Article 33 of Decree No. 25/2026/ND-CP.
Where the law requires a Plan, the business must complete the appraisal and approval process before it places the relevant activity into operation.

Businesses subject to the Plan requirement should review:

The list of hazardous chemicals and maximum stored quantities;
The project or facility scope covered by the Plan;
Whether the Plan reflects actual operating conditions;
Appraisal, approval, and the relevant approval decision;
Retention and implementation of the approved Plan, together with an update in the national database no later than 30 days after the approval decision;
Annual chemical incident response drills and updates on drill activities in the specialized chemical database where applicable.

8.3. When Should Businesses Update or Revise the Measures or Plan?

Businesses should review their Measures or Plan whenever a change may affect the content of the existing documentation.

For a Plan, an expansion in scale, changes to technological lines or manufacturing equipment, changes in chemical use or storage, the addition of chemical types, or an increase in the stored quantity of chemicals subject to Plan requirements may trigger an obligation to revise the Plan.

If a facility already has an approved Plan but introduces a change unrelated to hazardous chemicals on the list that requires a Plan, Decree No. 25/2026/ND-CP requires the business to develop and issue Measures for that modified item.

For facilities that currently apply Measures, businesses should revise or supplement the Measures if operational changes still do not trigger the Plan requirement. Conversely, if the changes cause the facility to fall within the scope that requires a Plan, the business must prepare the Plan and complete the required appraisal and approval procedures.

When Should Businesses Reassess Their Chemical Activities?

In addition to periodic reviews, businesses should conduct another assessment whenever changes may affect the chemical inventory, operating conditions, or risk level at the facility.

Businesses should reassess their activities when they:

Add, replace, or discontinue a chemical;
Change the purpose of use, manufacturing process, operating scale, or operating location;
Expand, newly lease, or modify a chemical storage area;
Change suppliers, import sources, or trading methods;
Approach the expiry date of licenses, certificates, or related documents, or need to amend those documents;
Face changes in regulatory requirements applicable to their chemicals or activities.

A 5-Step Roadmap for Reviewing Chemical Activities

Depending on the size of the facility, a business may appoint one coordinator or establish a cross-functional review team.

Step	Main Task	Expected Output
1	Consolidate chemicals and actual activities	A unified chemical inventory
2	Determine regulatory categories and applicable obligations	Chemical–obligation matrix
3	Review licenses, SDSs, data, training, operating conditions, and incident response documents	Documentation set for each obligation
4	Compare documentation with actual conditions at the facility	List of nonconformities or gaps
5	Correct gaps, update documentation, and establish a monitoring schedule	Implementation evidence and a periodic review mechanism

How Can ISO 14001 and ISO 45001 Support Chemical Management?

ISO 14001 and ISO 45001 do not replace licenses, certificates, declarations, or sector-specific legal obligations for chemical activities.

Instead, both standards help businesses organize their controls through structured processes and maintain consistent implementation evidence.

Standard	Management Mechanism	Application to Chemical Management
ISO 14001:2026	Identifying environmental aspects, compliance obligations, operational controls, and emergency preparedness	Managing chemical-related environmental issues; controlling activities that may create environmental impacts; tracking legal obligations; and establishing emergency response mechanisms
ISO 45001:2018	Identifying hazards, assessing occupational risks, managing competence and training, applying operational controls, and preparing for emergencies	Managing occupational health and safety risks associated with chemical activities; assigning responsibilities; and managing competence, training, and implementation records

When businesses integrate them appropriately, ISO 14001 and ISO 45001 help connect legal requirements – responsibilities – operational controls – records – internal audits – continual improvement within a traceable management system.

ARES Vietnam provides assessment and certification services for ISO 14001 and ISO 45001 based on the scope registered by each business. Contact us:

Hotline: 085.3858.553
Email: Service@aresvietnam.vn

Frequently Asked Questions (FAQ)

Question	Answer
When does Decree No. 275/2026/ND-CP take effect?	The Decree takes effect on August 25, 2026. From that date, Decree No. 71/2019/ND-CP and Article 1 of Decree No. 17/2022/ND-CP cease to apply.
Do businesses that only use chemicals in manufacturing still need to conduct a review?	Yes. Depending on the chemicals and actual activities, businesses that use chemicals may still need to comply with requirements relating to Safety Data Sheets, information disclosure, safety conditions, professional qualifications, training, and chemical incident prevention and response.
Must businesses prepare Safety Data Sheets in Vietnamese?	For hazardous chemicals placed into use or circulation, Article 27 of Decree No. 275 imposes penalties when businesses fail to prepare a Safety Data Sheet in Vietnamese.
When must businesses update information on their chemical activities?	Businesses must update or report information on their chemical activities for the previous year as required. Decree No. 275 imposes penalties when businesses complete this obligation after February 15 each year. Other update deadlines may also apply when project progress changes, an incident occurs, operations cease, or a competent authority requests information.
When must businesses revise Chemical Incident Prevention and Response Measures or Plans?	Businesses should review the relevant documentation when they change operating scale, technological lines, equipment, chemical use or storage activities, chemical types, or chemical quantities. Depending on whether the change causes the facility to fall within the scope that requires a Plan, the business must either revise the Measures or revise the Plan and complete the required appraisal and approval procedures.
How does the Decree determine fines for organizations?	Chapter II generally sets fines for individuals, except for the cases under Articles 9, 11, and 13. An organization receives a fine equal to twice the fine imposed on an individual for the same administrative violatio

Relevant Legal References

Law on Chemicals No. 69/2025/QH15: Provides the general legal framework for chemical activity management, chemical safety, and chemical security; effective from January 1, 2026.
Decree No. 24/2026/ND-CP: Provides lists of chemicals within the scope of the Law on Chemicals.
Decree No. 25/2026/ND-CP: Provides detailed regulations on chemical industry development, chemical safety, and chemical security, including training and chemical incident prevention and response.
Decree No. 26/2026/ND-CP: Provides detailed regulations on chemical activity management and hazardous chemicals in products and goods.
Circular No. 01/2026/TT-BCT: Provides guidance on the Law on Chemicals and Decree No. 26/2026/ND-CP concerning chemical activity management and hazardous chemicals in products and goods.
Circular No. 02/2026/TT-BCT: Provides guidance on the Law on Chemicals and Decree No. 25/2026/ND-CP concerning chemical industry development, chemical safety, and chemical security.
Decree No. 275/2026/ND-CP: Regulates administrative penalties in the fields of chemicals and industrial explosives; effective from August 25, 2026.