Quick answer: From 12 September 2026, chemicals and materials in Part II of the Appendix to Circular 42/2026/TT-BCT must be screened before export from Vietnam. The detailed list has 13 lines covering explosives, detonating articles, four CAS-identified substances, ultra-high-purity hydrides and organometallic compounds, and underwater syntactic foam. A licence is required only where the HS code, goods description and technical threshold all match; the word “chemical” or an HS code alone is not conclusive.
This is a separate strategic-trade-control layer. A licence under Decree 259/2025/ND-CP does not replace chemical, explosive, dangerous-goods, storage or transport obligations under the Law on Chemicals 69/2025/QH15 and its implementing legislation.
This article concerns exports from Vietnam and reflects Vietnamese law checked through 27 September 2026. It is not advice on US, Chinese or destination-country export-control law.
1. The three-part matching test
Articles 4 and 7 of Decree 259/2025/ND-CP require the detailed ministerial list. Circular 42/2026/TT-BCT supplies that list for goods managed by the Ministry of Industry and Trade. The exporter must lock four evidence layers:
| Layer | Question | Evidence |
|---|---|---|
| HS classification | Pure substance, mixture, solution, gas, article or foam? | SDS, composition, process, construction and use |
| Description | Chemical name, CAS, product form or explosive type? | SDS sections 1-3, COA, specification and drawings |
| Threshold | Concentration, purity, NEQ, density, velocity, dimensions or design depth? | Lot-specific COA and test reports |
| Transaction | Buyer, end user, end use, site and routing? | End-use statement, contract and screening records |
Article 4(3) also creates end-use/end-user control. A transaction may require authorisation even if the product is not listed where WMD-related use or a designated end user is suspected.
2. The 13 controlled screening lines
| Item | HS code | Key criterion |
|---|---|---|
| 4 | 36020000 | High explosive or mixture containing more than 2% high explosive, with specified crystal density and detonation velocity |
| 5-6 | 36020000 | Shaped or linear shaped charges exceeding the stated NEQ and dimensional thresholds |
| 7 | 36031000, 36032000 | Detonating cord/safety fuse with explosive core load above 64 g/m |
| 8 | 36036000 | Specified EB, EBW, slapper or EFI electric detonators |
| 9 | 29214400 | 2-Nitrodiphenylamine, CAS 119-75-5 |
| 10 | 29209000 | Triethylene glycol dinitrate, CAS 111-22-8 |
| 11 | 29209000 | Trimethylolethane trinitrate, CAS 3032-55-1 |
| 12 | 29209000 | Diethylene glycol dinitrate, CAS 693-21-0 |
| 13 | 28500000 | Phosphorus, arsenic or antimony hydrides at purity of at least 99.999%, subject to the stated dilution exception |
| 14 | 29319090 | Aluminium, gallium or indium organometallic compounds with base-metal purity above 99.999% |
| 15 | 29314400, 29314800, 293149, 29315200, 29315300, 29315400, 293159, 29319049 | Organo-arsenic, organo-antimony or organo-phosphorus compounds with inorganic-element purity above 99.999% |
| 16 | 39269099 | Syntactic foam of hollow plastic/glass spheres in a resin matrix, designed for use at up to 1,000 m underwater and density below 561 kg/m³ |
A four-digit listing brings all eight-digit lines in that heading into screening; a six-digit listing brings all eight-digit lines in the subheading; an eight-digit listing is limited to that code. ECCN references in the Appendix do not replace the Vietnamese HS code.
3. Technical evidence required
- Current SDS matching the manufacturer, trade name, grade and product actually shipped.
- COA for the actual lot stating CAS, assay/purity, impurities, method and detection limit.
- Confidential composition statement where the public SDS is incomplete.
- For explosives: NEQ, crystal density, detonation velocity, core load, dimensions and initiation type.
- For syntactic foam: sphere/matrix construction, test density, design depth, datasheet and drawing.
- End-use statement identifying the final user, site, process and non-diversion commitment.
A generic COA cannot be reused across lots. A “5N” marketing label is insufficient unless the record explains the purity basis and test method.
4. HS classification follows the product as exported
Apply GIR 1 and GIR 6 to the actual form. The same CAS may classify differently when presented as a solution, mixture, preparation or finished article. A detonating article or syntactic foam is not classified as a separate chemical merely because it contains a similar substance.
A working customs description may state: “[chemical/material name], CAS ..., form ..., composition/concentration ..., purity ..., lot ..., intended use ..., manufacturer ..., new goods, exported from Vietnam, licence no. ... dated ...”. Include only facts supported by the shipment documents.
5. Licence dossier under Article 9 of Decree 259
- Original application in Appendix III form.
- Original English undertaking from the importer or end user plus a Vietnamese translation, both certified by the trader.
- Copies of the contract and competent-authority licence, if applicable.
- Report on transactions under the previous licence using Appendix IV, except for a term-licence application.
- Ministry of Industry and Trade confirmation of the Internal Compliance Programme for a term licence.
A shipment licence is valid for three months. A term licence is valid for 12 months and is available only to a trader with a confirmed Internal Compliance Programme. Build shipping lead time around a complete technical file, not merely the statutory decision period.
6. Chemical and explosive law remains independently applicable
Run two compliance matrices in parallel: strategic trade control under Decree 259 and Circular 42, and sectoral obligations under the Law on Chemicals, explosive law, dangerous-goods transport, environmental, fire-safety and storage rules. One authorisation does not replace another.
If CAS/composition is missing, the COA is not lot-specific, or pure-versus-mixture status is unclear, Dương Minh Logistics can issue only a conditional screening result, not a definitive no-licence conclusion.
7. Processing, export production and customs reconciliation
Manage chemicals by material code, CAS, lot, concentration and unit of measure. Evaporation, process loss, solvent, stabiliser and mass/volume conversions must be supported by production standards and evidence. Do not merge grades with different purity into one ERP code.
- Reconcile declarations, inventory, issue slips, batch records, COAs and finished output.
- Separate raw materials, auxiliaries, recovered solvent, scrap/waste and closing inventory.
- Link the licence and end-use file to the actual export lot and production batch.
- Re-screen supplier, assay or formula changes.
See our customs reconciliation review and post-clearance audit preparation guide.
8. Recordkeeping and post-clearance audit
Article 15 of Decree 259 requires licensed-goods records to be kept for at least five years and an annual report to the Ministry of Industry and Trade before 30 January using Appendix VI. The file should link the licence to the declaration, invoice, packing list, transport document, SDS, COA, batch/lot, inventory ledger, payment, end-use statement and proof of delivery.
9. Dương Minh Logistics support
We assist with HS/CAS review, the 13-line Circular 42 matrix, SDS/COA/lot evidence, licence and end-use documents, customs descriptions, BOM and inventory reconciliation, customs finalisation and post-clearance preparation.
For the technical HS/CAS analysis, see HS Code Checker’s Vietnamese guide to the 13 dual-use chemical lines. Also see the general dual-use goods guide and our customs advisory service.
10. Frequently asked questions
Does a matching HS code automatically require a licence?
No. The description and technical threshold must also match. A matching code nevertheless requires a documented screening.
Can an incomplete SDS support a no-licence conclusion?
No. Obtain the full SDS, lot-specific COA or manufacturer confirmation of composition and CAS, and screen the end user.
Can goods outside Chapters 28 and 29 be controlled?
Yes. Circular 42 also covers Chapter 36 explosives and HS 39269099 syntactic foam.
Official legal sources
- Circular 42/2026/TT-BCT and Appendix.
- Decree 259/2025/ND-CP and the signed version.
- Law on Chemicals 69/2025/QH15 and Decrees 24/2026, 26/2026 and 28/2026.
This is general legal information. A shipment conclusion requires the actual product, SDS, CAS, composition, concentration, lot COA, pure/mixture status, HS code, end user, end use and law in force on the transaction date.
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