Thông tư 03/1998/TT-BCN

CIRCULAR

GUIDING THE 1998 CHEMICALS IMPORT UNDER DECISION No.11/1998/QD-TTg OF JANUARY 23, 1998 OF THE PRIME MINISTER

Pursuant to Decree No.74-CP of November 1st, 1995 of the Government on the functions, tasks, powers and organizational structure of the Ministry of Industry;
Pursuant to Decision No.11/1998/QD-TTg of January 23, 1998 of the Prime Minister on the 1998 export and import management mechanism;
Based on the actual demand for chemicals of all kinds, the 1997 import volume thereof and the 1998 domestic production capacity;
The Ministry of Industry hereby guides the 1998 chemicals import as follows:

I. GENERAL PROVISIONS

All production and business enterprises of various types, regardless of their economic sectors, which fully meet the following conditions, shall be allowed to import chemicals (except for those specified in Appendix 1) according to their demand and economic contracts:

- Having decisions to establish enterprises in strict accordance with the regulations of the Government; being engaged in chemicals production and/or trading or having actual needs to use chemicals in their production or research activities;

- Having export and/or import business licenses for appropriate goods categories.

II. SPECIFIC PROVISIONS

1. Units meeting all conditions prescribed in Section I shall be allowed to import chemicals, including technical chemicals and pure chemicals (except for those specified in Appendices 1 and 2), according to their demand and business capabilities.

2. Intermediate chemicals for the production of toxic chemicals (not on the list of chemicals banned from import - Appendix 1) which are imported for use as raw materials, catalysts or reagents in the processes of production, research or experiment, must be considered and permitted by the Ministry of Industry on case-by-case basis (the list of intermediate chemicals to be used for the production of toxic chemicals - Appendix 2).

3. In order to encourage and support domestic enterprises in promoting their production capacity, renew technologies and produce common chemicals with a quality equivalent to that of imported chemicals, thus reducing foreign currency expenditures, common chemicals which have been sufficiently produced in the country, meeting the domestic demand, shall not be imported (the list of common chemicals not to be imported - Appendix 1).

4. For chemicals which can be domestically produced and basically meet the demand quantitatively and qualitatively, only those of categories and specifications that have yet to be produced or insufficiently produced at home, shall be additionally imported with approval of the Ministry of Industry, so as to balance the domestic production and demand (the list of common chemicals - Appendix 2).

5. The import of chemicals to be used as raw materials for the production of plant protection drugs as well as of plant protection chemicals shall comply with the Ordinance on Plant Protection and Epidemics Control of February 15, 1993 and the guidance of the Ministry of Agriculture and Rural Development.

6. Such chemicals as addictive substances, psychonoptic agents or pre-substances to be used for medical and pharmaceutical manufacture purposes, when imported, must obtain permits from the Ministry of Health in accordance with Decree No.89-CP of December 15, 1995.

7. The agencies and enterprises importing chemicals specified in Appendix 2 shall send their written requests made according the set form to the Ministry of Industry for consideration. Within 7 days from the date of receiving the written requests, the Ministry of Industry shall send official dispatches of reply to the importing units. Basing itself on the consent of the Ministry of Industry, the customs office shall complete the import procedures. For other chemicals not specified in Appendices 1 and 2, the agencies and enterprises shall carry out the import procedures directly with the customs office.

8. Depending on their respective specific chemical and physical properties, the imported chemicals must be packed to ensure the standards of safety in transportation and use in accordance with the regulations of the Government.

9. The importing agencies and enterprises shall have to manage and use imported chemicals for right purposes and in accordance with relevant regulations of the Government.

III. IMPLEMENTATION PROVISIONS

This Circular takes effect from April 1st, 1998 to March 31, 1999.

For imported chemicals lots that had been certified in writing by the Ministry of Industry before the effective date of this Circular, they are permitted to be effected.

The Ministry of Industry requests the ministries, the ministerial-level agencies, the agencies attached to the Government, the People's Committees of the provinces and cities directly under the Central Government and the central committees of the mass organizations to inform the enterprises under their respective management of the content of this Circular for implementation, and at the same time report to the Ministry of Industry matters arising in the course of implementation for timely and appropriate adjustments.

APPENDIX 1

THE LIST OF CHEMICALS BANNED FROM IMPORT IN 1998
(Issued together with Circular No.3/1998/TT-BCN of March 20, 1998 of the Minister of Industry)

I - THE LIST OF TOXIC CHEMICALS BANNED FROM IMPORT:

1. O - alkyl (

2. O - alkyl (

3. O - alkyl (H or < C10 including cycloalkyl) S - 2 dialkyl (Me, Ethyl, n - propyl or isopropyl) amino ethyl alkyl (Me, Ethyl, n - propyl or isopropyl) phosphonothiolate and correspondents to alkyl or prodonate salt;

4. Mustard Sulfur:

. 2 - Chloroethyl: chloromethyl sulfide,

. Mustard gas: Bis (2 - chloroethyl) sulfide,

. Bis (2- chloroethyl thio) methane,

. Sesqui mustard: 1 - 2 Bis (2- chloroethyl thio) ethane,

. 1 - 3 Bis (2 - chloroethyl thio) n - propane,

. 1 - 4 Bis (1 - chloroethyl thio) n - butane,

. 1 - 5 Bis (2 - chloroethyl thio) n - pentane,

. Bis (2 - chloroethyl theomethyl) ether,

. O - mustard: Bis (2 - chloroethyl thio ethyl) ether;

5. Lewisites:

. Lewisite.1: (2 chlorovinyl) dichloro arsine,

. Lewisite.2: Bis (2 chlorovinyl) chloro arsine,

. Lewisite.3: Tris (2 chlorovinyl) arsine;

6. Mustard amine group:

. HN1: Bis (2 chloroethyl) ethyl amine,

. HN2: Bis (2 chloroethyl) methyl amine,

. HN3: Tris (2 chloroethyl) amine;

7. Saxitoxin;

8. Risin;

9. Alkyl (Me, ethyl, n - propyl or isopropyl) phosphonyl difluoris;

10. O - Alkyl (H or < C10 including cycloalkyl) O - 2 dialkyl:

. (Me, Ethyl, n - propyl or isopropyl) aminoalkyl,

. (Me, Ethyl, n - propyl or isopropyl) phosphonate, and correspondingly, alkylated or protonate salt;

11. Chlorosarin: O - isopropyl methyl phosphono chloride;

12. Chlorosaman: Opinacolyl methyl phosphono chloride;

13. Amiton: O - O diethyl S [ 2 (diethylamino) ethyl ] phosphoro thiolate;

14. PFIB.1; 1.3; 3.3; pentafluoro (2 trifloromethyl) propene;

15. BZ3; Quinuchdinyl benzilate;

16. Methyl phosphonyl dichloride (Dimethyl; methyl phosphonate);

17. N - N dialkyl (Me, Ethyl, n - propyl or isopropyl) phosphora - midiodihalite;

18. Dialkyl:

. (Me, Ethyl, n - propyl or isopropyl) N - N dialkyl,

. (Me, Ethyl, n - propyl or isopropyl) phosphoramide;

19. Quinuchdinyl 3 - G1;

20. N - N Dialkyl (Me, Ethyl, n - propyl or isopropyl) aminoethyl 2 chloride;

21. N - N Dialkyl (Me, Ethyl, n - propyl or isopropyl) aminoethane 2 - ols;

22. N - N Dialkyl (Me, Ethyl, n - propyl or isopropyl) aminoethane 2 thiols;

23. Thiodiglycol: Bis (2 hydroxy ethyl) sulfide;

24. Pinacolyl, alcohol: 3.3 dimethyl butane - 2 ol;

25. Phosgene: Carbonyl dichloride;

26. Cyanogen chloride;

27. Chloropicrine: Trichloro nitromethane;

28. Phosphorus oxychloric.

II. THE LIST OF COMMON CHEMICALS THAT ARE NOT TO BE IMPORTED

1. Phosphoric acid (H3PO4);

2. Chlohydric acid (HCl);

3. Sulfuric acid, for technical use (H2SO4);

4. Liquefied ammoniac (NH3);

5. Oxygen, put in cylinders;

6. Liquefied chlorine;

7. Liquid suds (NaOH);

8. Noiacetylene (C2H2);

9. Activated coal (C).

APPENDIX 2

THE LIST OF CHEMICALS TO BE IMPORTED IN 1998 WITH CONSENT OF THE MINISTRY OF INDUSTRY
(Issued together with Circular No.3/1998/TT-BCN of March 20, 1998 of the Minister of Industry)

I - THE LIST OF INTERMEDIATE CHEMICALS FOR MANUFACTURE OF TOXIC CHEMICALS

1. Mercury and compounds containing mercury;

2. Element phosphorus;

3. Phosphorotrichloride;

4. Phosphoropentachloride;

5. Tri (Methyl, Ethyl) phosphite;

6. Dimethyl phosphite;

7. Sulfur dichloride;

8. Sulfur monochloride;

9. Thionyl chloride;

10. (Methyl, Ethyl) diethanolamine;

11. Triethanolamine;

12. Sulfurcarbone;

13. Vinyl chloride;

14. Dichloroethane;

15. Arsenic and arsenic compounds;

16. Cyanides;

17. Metal hydrides;

18. Oxides and peroxides of halogen;

19. Azides;

20. Esters, ether oxides, aldehydes.

II - THE LIST OF COMMON CHEMICALS:

1. Solid suds (cubes, flakes);

2. Calcium carbonate not impregnated with fatty acids or other allied agents;

3. Alums of various kinds;

4. Pure sulfuric acid H2SO4 (P, PA).