Vietnam Tightens "Toxic Chemicals" Control: Criminal Liability Risks for Businesses

On 15 June 2026, the Chemicals Agency under Vietnam's Ministry of Industry and Trade issued guidance analyzing the legal definition of "toxic substances" (chất độc) and the related criminal risks for enterprises, from the perspective of the new Law on Chemicals (2025) and the Penal Code. Following the tightening of trade controls under the new law, previously lawful transactions may now cross the criminal line.

Legal Definition of "Toxic Substances"

Under Article 2(5) of the new Law on Chemicals (No. 69/2025/QH15), toxic substances are chemicals that, through their chemical action on vital processes, can cause death, temporary incapacitation or permanent injury to humans. Article 2(4) of Decree No. 26/2026/NĐ-CP further provides that, under GHS (Globally Harmonized System of Classification and Labelling of Chemicals) classification, a chemical meeting any of seven criteria is a toxic substance: acute toxicity category 1; serious eye damage/eye irritation category 1; skin corrosion/irritation category 1A; carcinogenicity category 1A; germ cell mutagenicity category 1A; reproductive toxicity category 1A; and hazardous to the aquatic environment category 1.

Criminal Risks for Enterprises

The Penal Code establishes two direct offenses. Article 311 (crime of illegally producing, storing, transporting, using or trading flammable or toxic substances) is a conduct crime with a basic penalty of 1–5 years' imprisonment, up to life imprisonment in serious cases; Article 312 (crime of violating management rules on flammable or toxic substances) covers cases where management negligence causes harm to others, with a basic penalty of 1–5 years. Notably, under Article 76 of the Penal Code, these two offenses fall outside the list of offenses for which commercial legal persons bear criminal liability; accordingly, individuals (executives, sales staff, warehouse keepers, etc.) are held liable, and the corporate form does not shield them.

Impact of the New Law: Tightened Trade Controls

Under Article 17 of Vietnam Law on Chemicals and Circular No. 01/2026/TT-BCT, specially controlled chemicals may be sold only to parties holding a license or having declared their use on the chemicals sector database, and a trade-control form must be issued within 10 days of delivery via the electronic traceability platform managed by the Ministry of Public Security. Consequently, transactions lawful before 1 January 2026 (e.g., selling cyanide to an electroplating workshop that had not declared its use) may now violate the new Law on Chemicals and implicate Article 311.

Enforcement: Cyanide Cases

In practice, Ho Chi Minh City police have filed 7 cases and prosecuted 43 people (under Article 311) for a cyanide ring, seizing nearly 9.7 tonnes of cyanide; in May 2026, a court tried 10 defendants including a corporate manager.

CIRS Insights

Chemical enterprises operating in or entering Vietnam should immediately check, against the seven GHS criteria in Decree No. 26/2026/NĐ-CP and the chemical catalogs in Decree No. 24/2026/NĐ-CP, whether their chemicals qualify as toxic substances or specially controlled chemicals; review sales processes (buyer qualification, electronic trade-control forms), renew licenses, and tighten internal controls against leakage. Note: Articles 311 and 312 impose personal criminal liability—managers cannot avoid responsibility by citing "corporate conduct."

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Further information

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