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On December 25, 2024, the National People's Congress released the Draft of the "Law on the Safety of Hazardous Chemicals" (hereinafter referred to as the Draft) for public comment. This draft is more concise compared to the earlier version (hereinafter referred to as the Public Consultation Version).

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To help companies better understand the differences and similarities between the two versions, we have made a comprehensive analysis as following:

Adjustments in Chapters

Chapter	Public Consultation Version	Draft
Chapter 1	General Provisions	General Provisions
Chapter 2	Registration and Identification	Planning and Layout
Chapter 3	Planning and Layout	Production and Storage Safety
Chapter 4	Production and Storage Safety	Usage Safety
Chapter 5	Usage Safety	Operational Safety
Chapter 6	Operational Safety	Transport Safety
Chapter 7	Transport Safety	Registration of Hazardous Chemicals and Emergency Response
Chapter 8	Disposal Safety	Legal Responsibilities
Chapter 9	Emergency Response	Supplementary Provisions
Chapter 10	Legal Responsibilities
Chapter 11	Supplementary Provisions

Adjustment in Content Details

General Provisions
Public Consultation Version (Chapter 1)	Draft (Chapter 1)
Article 2: The safety management of the production, storage, use, operation, transportation, and disposal of hazardous chemicals is governed by this law.	Article 2: The safety management of the production, storage, use, operation, and transportation of hazardous chemicals is governed by this law.
The housing and urban-rural development department is responsible for the safety of construction project quality, fire protection facility design review, construction, and acceptance of hazardous chemical projects, and organizes the formulation of national standards for engineering construction involving hazardous chemicals.	Delete all descriptions related to housing and urban-rural development regulations.
None	For emerging industries and fields where the regulatory responsibilities for hazardous chemical safety are unclear, the people's government at or above the county level shall determine the supervisory department based on the principle of similar business operations.
None	Use information technology to conduct online inspections and random checks on major hazard sources of hazardous chemical units.
Departments responsible for the safety supervision and management of hazardous chemicals should cooperate, collaborate closely, and share information to strengthen the safety supervision and management of hazardous chemicals in accordance with the law.	Departments responsible for the safety supervision and management of hazardous chemicals should enhance regulatory cooperation and joint law enforcement, coordinate closely, achieve timely, sufficient, and effective information sharing, and strengthen the safety supervision and management of hazardous chemicals in accordance with the law. If any illegal activities that should be handled by other departments are discovered, they should be promptly transferred to the relevant departments.
The Ministry of Industry and Information Technology, together with relevant departments of the State Council, shall establish a hazardous chemical information management system to implement electronic identification and full lifecycle information management of hazardous chemicals.	Departments responsible for the safety supervision and management of hazardous chemicals under the people's government at or above the county level should strengthen the information-based supervision of hazardous chemicals, implement electronic identification and full lifecycle information management and monitoring of hazardous chemicals. Chemical industrial parks should clarify the relevant work institutions and their responsibilities for safety production supervision, strengthen the information-based construction of hazardous chemicals, achieve information-based safety monitoring, surveillance, and early warning, and establish interconnections with relevant government departments.

Similarities

Workers in hazardous chemical units must receive education and training and pass assessments before starting work.
On-site inspections at hazardous chemical workplaces, with sampling tests of hazardous chemicals, when necessary.
Implementation of electronic identification and lifecycle information management for hazardous chemicals.

Planning and Layout
Public Consultation Version (Chapter 3)	Draft (Chapter 2)
Chemical industrial parks should establish a hazardous chemical information management system to implement risk monitoring and early warning for enterprises, key locations, major hazard sources, and infrastructure within the park.	Chemical industrial parks should implement dynamic supervision of all hazardous chemicals entering and exiting the park, and conduct risk monitoring and early warning for enterprises, key locations, major hazard sources, and infrastructure within the park.
None	Except for enterprises providing supporting services to chemical enterprises, non-chemical enterprises are prohibited from entering chemical industrial parks.
The municipal people's government at the districted city level should conduct a safety risk assessment and a planning environmental impact assessment for the chemical industrial parks in the region at least once every five years. When unacceptable risks are identified, timely measures should be taken to mitigate the risks and ensure that the regional safety risks are acceptable. When changes occur in the types, quantities, or layout of hazardous chemicals within a chemical industrial park, necessitating adjustments to the risk control conditions of the park, a safety risk assessment and a planning environmental impact assessment for the chemical industrial park should be promptly organized, and relevant emergency plans should be revised. Specific measures shall be formulated by the industrial and information technology department and the ecological environment department of the State Council respectively.	Chemical industrial parks should conduct a comprehensive safety risk assessment at least once every three years. Measures to eliminate, reduce, or control safety risks should be proposed and effectively implemented. When changes occur in the types, quantities, or layout of hazardous chemicals within a chemical industrial park, necessitating adjustments to the risk control conditions of the park, a safety risk assessment for the chemical industrial park should be promptly organized, and relevant emergency plans should be revised.
The transportation authorities should strengthen the safety assurance of hazardous chemical transportation, and plan for logistics parks, centralized parking areas, and highway service areas' fueling (gas) stations and temporary parking areas for hazardous chemical vehicles involved in the storage, loading, and transportation of hazardous chemicals.	Local people's governments at or above the county level should strengthen the safety assurance of hazardous chemical transportation, and plan for logistics parks, centralized parking areas, and highway service areas' fueling (gas) stations involved in the storage, loading, and transportation of hazardous chemicals.
None	The site selection for hazardous chemical storage facilities that constitute a major hazard source should avoid seismic fault zones and areas prone to floods, geological disasters, and forest or grassland fires.

Production and storage safety
Public Consultation Version (Chapter 4)	Draft (Chapter 3)
None	The qualification requirements for institutions responsible for safety evaluation, certification, testing, and inspection of hazardous chemicals shall be formulated by the emergency management department of the State Council in conjunction with relevant departments.
None	The safety facility design for hazardous chemical construction projects should be submitted to the emergency management department of the municipal people's government at or above the districted city level for review. Specific measures shall be formulated by the emergency management department of the State Council.
Units producing or storing hazardous chemicals should set up clear signs for the hazardous chemical pipelines they lay, and regularly inspect, test, and patrol these pipelines.	Units producing or storing hazardous chemicals should set up clear signs for the hazardous chemical pipelines they lay, and regularly inspect, test, and patrol these pipelines.
The principal responsible persons and those in charge of safety production in hazardous chemical production and storage enterprises should possess a college degree or above in chemical-related majors and more than 3 years of practical experience. Full-time safety management personnel should hold intermediate or above professional technical titles in chemical-related fields or qualifications as registered safety engineers in chemical safety. New frontline employees should have a background in chemical vocational education or a high school diploma or above and receive safety training in hazardous chemicals, and can only start working after passing the assessment.	The principal responsible persons (including legal representatives, actual controllers, and actual responsible persons, the same below) and safety production management personnel of hazardous chemical production enterprises should possess the corresponding safety production knowledge and management capabilities, and pass the assessment by the emergency management department. Employees of hazardous chemical production enterprises should meet the educational requirements stipulated by the state, receive safety production education and training, and can only start working after passing the assessment.
Hazardous chemical production enterprises with lower risk levels, simple process routes, and no involvement in chemical reactions do not need to obtain a hazardous chemical safety production license, and are subject to record management by the emergency management department of the county-level people's government, except for those constituting major hazard sources. Specific measures are formulated by the emergency management department of the State Council.	Delete
None	Hazardous chemicals for trial production can be sold after obtaining the industrial product production license and passing the inspection by a qualified inspection agency.
The department responsible for issuing hazardous chemical safety production licenses and industrial product production licenses should promptly announce the issuance of licenses to the public, except for information involving state secrets, commercial secrets, and personal privacy.	The department responsible for issuing hazardous chemical safety production licenses and industrial product production licenses should promptly disclose the issuance of licenses to the public in accordance with relevant laws and administrative regulations.
The packaging and containers of hazardous chemicals should comply with the provisions of laws, administrative regulations, rules, and national and industry standards, and pass inspection; hazardous chemical packaging and container production enterprises must not sell products that have not been inspected or have failed inspection.	The packaging of hazardous chemicals should comply with the provisions of laws, administrative regulations, rules, and national and industry standards.
For reusable hazardous chemical packaging and containers, the user unit should inspect them before reuse; if safety hazards are found, they should be repaired or replaced promptly. The user unit should record the inspection results, and the records should be kept for no less than 2 years.	For reusable hazardous chemical packaging and containers, the user unit should inspect them before reuse; if safety hazards are found, they should be repaired or replaced promptly. The user unit should record the inspection results, and the records should be kept for no less than 3 years.

Similarities:

Hazardous chemical production and import enterprises should provide SDS and labels that match the hazardous chemicals they produce or import.

Usage safety
Public Consultation Version (Chapter 5)	Draft (Chapter 4)
Chemical enterprises applying for a hazardous chemical safety production license (use): have professional technical personnel suitable for the hazardous chemicals used	Chemical enterprises applying for a hazardous chemical safety use license: have professional technical personnel suitable for the hazardous chemicals used, and the employees have passed the assessment
The emergency management department shall promptly publicize the issuance of hazardous chemical safety production licenses (use) to the public, except for information involving state secrets, commercial secrets, and personal privacy.	The emergency management department of the municipal people's government at the districted city level shall promptly publicize the issuance of hazardous chemical safety use licenses to the public in accordance with relevant laws and administrative regulations.
Units using hazardous chemicals fail to provide employees with the safety technical specifications for hazardous chemicals used in their workplaces and fail to inform employees of the correct usage or measures to be taken in emergencies.	Units using hazardous chemicals shall provide employees with the safety technical specifications and safety labels for the chemicals used in their workplaces and inform employees of the correct usage methods and measures to be taken in emergencies.

Operational Safety
Public Consultation Version (Chapter 6)	Draft (Chapter 5)
None	Hazardous chemical business enterprises shall not purchase hazardous chemicals from enterprises that engage in hazardous chemical production or business activities without a license.
The emergency management departments of the municipal people's government at the districted city level and the county-level people's government shall promptly publicize the issuance of hazardous chemical business safety production licenses (business) to the public, except for information involving state secrets, commercial secrets, and personal privacy.	The emergency management departments of the municipal people's government at the districted city level and the county-level people's government shall promptly publicize the issuance of hazardous chemical business licenses to the public in accordance with relevant laws and administrative regulations. Applicants may engage in hazardous chemical business activities only after registering with the market supervision and administration department with a hazardous chemical business license. If laws, administrative regulations, or State Council regulations require additional permits from other relevant departments for hazardous chemical business, applicants shall also hold the corresponding permits when registering with the market supervision and administration department.
Hazardous chemical business enterprises storing hazardous chemicals shall comply with the provisions of Chapter IV of this Law regarding the storage of hazardous chemicals. Hazardous chemical stores may store small-packaged hazardous chemicals for civilian use in their storage and business premises, but the total amount shall not exceed the limit set by the state.	Hazardous chemical business enterprises storing hazardous chemicals shall comply with the provisions of Chapter III of this Law regarding the storage of hazardous chemicals. Only small-packaged hazardous chemicals for civilian use may be stored in hazardous chemical stores.
Enterprises selling highly toxic chemicals and hazardous chemicals that are prone to explosion, as well as purchasing units, shall, within 10 days after the sale or purchase, report the types, quantities, and flow information of the highly toxic chemicals and hazardous chemicals that are prone to explosion sold or purchased to the public security organs of the county-level people's government where they are located for record, and enter the information into the information system.	Enterprises selling highly toxic chemicals and hazardous chemicals that are prone to explosion, as well as purchasing units, shall, within three days after the sale or purchase, report the types, quantities, and flow information of the highly toxic chemicals and hazardous chemicals that are prone to explosion sold or purchased to the public security organs of the county-level people's government where they are located for record, and enter the information into the computer system.

Similarities:

They shall provide purchasing units or individuals with chemical safety technical data sheets that comply with laws, administrative regulations, national standards, and industry standards. They shall not operate hazardous chemicals without chemical safety technical data sheets or chemical safety labels, nor shall they alter chemical safety technical data sheets or chemical safety labels without authorization.
Any unit or individual purchasing hazardous chemicals has the right to request the relevant chemical safety technical data sheets from hazardous chemical production or operating enterprises to understand their hazardous characteristics, protective measures, and usage methods.
The sale and purchase of highly toxic chemicals and hazardous chemicals that are prone to explosion via the internet are prohibited.

Transport Safety
Public Consultation Version (Chapter 7)	Draft (Chapter 6)
Hazardous chemical transport vehicles and their tanks shall be equipped with, hung, or sprayed with warning signs that meet national standards.	Hazardous chemical transport vehicles shall be hung or sprayed with warning signs that meet national standards.
Drivers transporting hazardous chemicals shall not drive continuously for more than 3 hours during the day and 2 hours at night.	Drivers of vehicles transporting hazardous chemicals shall not drive continuously for more than four hours.
Public security organs shall strictly control the passage of hazardous goods transport vehicles on extra-large highway bridges, extra-long highway tunnels, and drinking water source areas.	The management of permits for hazardous chemical transport vehicles entering restricted areas shall be carried out in accordance with the regulations of the public security department of the State Council.
Ships with fixed vessels, fixed routes, and fixed cargo types can report periodically.	Delete
When consigning hazardous chemicals, the consignor shall inform the carrier of the types, quantities, hazardous characteristics, and emergency response measures for hazardous situations of the consigned hazardous chemicals, provide chemical safety technical data sheets, and properly package the consigned hazardous chemicals in accordance with relevant national regulations, and affix or hang chemical safety labels on the hazardous chemical packaging (including outer packaging) that match the hazardous chemicals inside the packaging.	When consigning dangerous chemicals, the consignor shall submit an electronic or paper dangerous goods consignment list to the carrier, specifying the types, quantities, hazardous properties of the consigned dangerous chemicals, emergency response measures in case of danger, provide a chemical safety technical specification, properly package the consigned dangerous chemicals in accordance with relevant national regulations, affix, print, or hang chemical safety labels on the packaging (including outer packaging) that match the hazardous chemicals inside, and ensure they are readily accessible at all times.

Registration of Hazardous Chemicals and Emergency Response
Public Consultation Version (Chapter 2, Chapter 9)	Draft (Chapter 7)
The state exempts from registration hazardous chemicals used in research and development, trial production and sales, low quantity, low release, low exposure, and polymers. Specific measures shall be determined and announced by the emergency management department of the State Council in conjunction with the departments of industry and information technology, public security, ecological environment, health, agriculture and rural affairs, and shall be adjusted in a timely manner.	The state exempts from registration hazardous chemicals used in research and development, trial production and sales, low quantity, low release, low exposure, and polymers. Specific measures shall be determined and announced by the emergency management department of the State Council in conjunction with the departments of industry and information technology, public security, ecological environment, health, agriculture and rural affairs, and shall be adjusted in a timely manner.
None	Hazardous chemical registration agencies shall share hazardous chemical registration information data with units such as industry and information technology, public security, natural resources, ecological environment, transportation, agriculture and rural affairs, health, customs, market supervision and management, energy, and military authorities.
None	The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall participate in emergency rescue work for hazardous chemical accidents in accordance with the orders of the Central Military Commission.

Disposal Safety
Public Consultation Version (Chapter 8)	Draft
Relevant Provisions on the Management of Waste Hazardous chemicals	Entire Chapter Deleted

Legal Responsibilities
Public Consultation Version (Chapter 10)	Draft (Chapter 8)
Units using hazardous chemicals fail to provide employees with the safety technical specifications for hazardous chemicals used in their workplaces and fail to inform employees of the correct usage or measures to be taken in emergencies.	Units using hazardous chemicals shall provide employees with the safety technical specifications and safety labels for the chemicals used in their workplaces and inform employees of the correct usage methods and measures to be taken in emergencies.

Supplementary Provisions
Public Consultation Version (Chapter 11)	Draft (Chapter 9)
The environmental management registration of new chemical substances shall be carried out in accordance with the laws, administrative regulations, and rules related to environmental protection. Fees for the identification, classification, registration of hazardous chemicals, and environmental management registration of new chemical substances shall be charged in accordance with relevant national regulations.	The environmental management registration of new chemical substances shall be carried out in accordance with the laws, administrative regulations, and rules related to environmental protection.

Similarities:

If the hazardous properties of a chemical substance have not been determined, no unit or individual may engage in the production, storage, use, operation, or transportation of that chemical substance without authorization.

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Detailed Analysis of China's Law on the Safety of Hazardous Chemicals: Draft vs. Public Consultation Version

Adjustments in Chapters

Adjustment in Content Details