Thông tư 42/2013/TT-BCT

CIRCULAR

PROVIDING FOR THE MANAGEMENT AND CONTROL OF PRECURSOR CHEMICALS IN INDUSTRIAL AREA

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the 2000 Law on drug prevention and fight and the 2008 Law on amending and supplementing a number of articles of Law on drug prevention and fight and guiding documents;

Pursuant to the November 21, 2007 Chemical Law;

Pursuant to the Government’s Decree No. 80/2001/ND-CP dated November 05, 2001, guiding the control of lawful drug-related activities in the country; Government’s Decree No. 58/2003/ND-CP dated May 29, 2003, prescribing the control of the import, export and transit through Vietnam’s territory of narcotics, pre-substances, addictive drugs and psychotropic medicines; Government’s Decree No. 82/2013/ND-CP dated July 19, 2013, promulgating the list of narcotics and pre-substances; 

Pursuant to Government’s Decree No. 95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the proposal of Director of the Vietnam Chemical Agency;

The Minister of Industry and Trade specifies the management and control of precursor chemicals in industrial area.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation  

1. This Circular provides for the production, sale, export, import, use, storage of industrial precursor chemicals; the regulations on recording, reporting, checking precursor chemicals in industry (hereinafter abbreviated to industrial precursor chemicals).

2. This Circular does not regulate temporary import of industrial precursor chemicals.

3. The import of industrial precursor chemicals that have been issued with the import permits prescribed in this Circular is not subject to approval by the Ministry of Industry and Trade with regard to quality and technical standards. 

Article 2. Subjects of application

This Circular applies to the organizations and individuals (hereinafter referred to as entities) that manufacture, sell, export, import, use, and store industrial precursor chemicals in Vietnam.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Industrial precursor chemicals are the chemicals used by industries as raw materials, solvents, catalysts during production, scientific research, analyses, testing, and are essential chemicals during preparation and production of narcotics. 

2. Copy means a copy that has been authenticated or bears a certification seal (if the application is sent by post), or a copy enclosed with the original for comparison (if the application is sent directly), or a scanned image of the original (if the application is sent online).

Article 4. List of industrial precursor chemicals

1. List of industrial precursor chemicals is provided in Annex 1 enclosed to this Circular.

2. The list of industrial precursor chemicals is sorted according to their levels of danger and consists of Group 1 chemicals and Group 2 chemicals:

a) Group 1 chemicals include essential chemicals used for producing narcotics;

b) Group 2 chemicals include chemicals used to create reactions or as solvents in the during processing and production of narcotics;

Article 5. Responsibilities of entities

1. The entities that produce and sell industrial precursor chemicals must satisfy conditions for producing and selling industrial precursor chemical and as prescribed by chemical law.

2. The entities that sell industrial precursor chemicals must check the origins and labels of precursor chemicals; have full information of customers as prescribed by this Circular. They have responsibilities to notify purchasers of danger level of precursor chemicals, prevention of loss of precursor chemical for narcotic preparation and production.

3. The entities that export or import industrial precursor chemicals must take responsibilities for the accuracy of information about intended quantity of export or import; manage and use imported precursor chemicals for appropriate purposes and within the law.

4. The aforementioned entities make periodic and irregular reports as prescribed in this Circular.

5. The aforementioned entities must facilitate the inspections by competent authorities.

6. During operation, if a loss of industrial precursor chemicals is found, the entities that produce, sell, export, import use, or store precursor chemicals must immediately notify the nearest police department and the local authority.

Chapter II

THE PRODUCTION, SALE, USE, EXPORT, IMPORT, DELIVERY, AND STORAGE OF INDUSTRIAL PRECURSOR CHEMICALS

Section 1. PRODUCTION, SALE AND USE OF INDUSTRIAL PRECURSOR CHEMICALS

Article 6. Production of industrial precursor chemicals

1. Manufacturers of industrial precursor chemicals must satisfy the conditions for manufacture of industrial chemical as prescribed in Clause 4 Article 1 of the Government’s Decree No. 26/2011/ND-CP dated April 08, 2011 on amendments to the Government’s Decree No. 108/2008/ND-CP on guidelines for the Chemical Law.

2. During the manufacture of industrial precursor chemicals, the manufacturer must protect precursor chemicals from being leaked out and used for production of narcotics, and is responsible for any loss of precursor chemicals.

Article 7. Sale of industrial precursor chemicals

Sellers of industrial precursor chemicals must satisfy the conditions for selling industrial chemicals as prescribed in Clause 4 Article 1 of Decree No. 26/2011/ND-CP While doing business, the sellers must ensure conditions for selling chemicals and present documents and papers at the request of competent authorities and, including:

1. Certificate of business registration or investment permit or certificate of business registration, which specify that the business line is chemicals, which is issued by competent authorities.

2. Certificates or papers proving that the persons in direct contact with precursor chemicals, including the person in charge, shopkeepers, deliverers, warehouse keepers have been trained in chemical safety.

3. Business locations and places where goods are displayed and sold must be able to maintain the quality of industrial precursor chemicals in accordance with the laws on goods quality. The warehouses or other places for storing, preserving precursor chemicals must satisfy technical requirements on safety and have necessary warnings in accordance with the Chemical Law and this Circular.

4. The places where industrial precursor chemicals are sold must comply with regulations on fire safety and environmental safety as prescribed by law.

5. Industrial precursor chemicals must have adequate goods labels as prescribed by law.  Invoices for purchases and sales of precursor chemicals must clearly show their origins, importers, and suppliers. Importers of precursor chemicals must have documents proving the trading in precursor chemicals such as sales contracts, sales agreements, memorandums, or commercial invoices.

6. The logbook of industrial precursor chemicals must not be used to record other goods. The logbook of precursor chemicals must specify: Full names of customers; addresses of their headquarters; telephone numbers, fax numbers; names of precursor chemicals; quantity of purchased or sold precursor chemicals; quantity of unsold chemicals; their purposes. 

7. Notes of purchases and sales of toxic chemicals certified by the purchasers and sellers must be presented if sulfuric acid and hydrochloride acid are traded. These notes must be kept by the seller, purchaser for at least 5 (five) years and must be presented at the request of competent agencies.

Article 8. Use of industrial precursor chemicals

1. Users of industrial precursor chemicals must implement the regulations on rights and obligations, storage and preservation of chemicals in accordance with the Chemical Law, and:

a) User industrial precursor chemicals for proper purposes;

b) Keep a log of the use of industrial precursor chemicals; do not use the logbook of industrial precursor chemicals to record other goods. The logbook of precursor chemicals must specify: Full names of customers; addresses of their headquarters; telephone numbers, fax numbers; names of precursor chemicals; quantity of purchased precursor chemicals; their concentrations; quantity of unused chemicals; and their purposes; 

c) Present legal documents and invoices showing the manufacturers, importers or suppliers of precursor chemicals; delivery notes;

d) Calculate the consumption rate of industrial precursor chemicals while using them.

2. Make a commitment to prevent precursor chemicals from being leaked out and used for preparation of narcotics, and to take responsibilities before law for any loss of precursor chemicals.

Section 2. APPLICATION, PROCEDURES FOR ISSUANCE, EXTENSION OF LICENSES FOR EXPORT AND IMPORT OF INDUSTRIAL PRECURSOR CHEMICALS

Article 9. Export and import of industrial precursor chemicals

1. Exporters and importers of industrial precursor chemicals shall comply with Government’s Decree No. 58/2003/ND-CP dated May 29, 2003 on controlling import, export and transit narcotics, precursors, addictive drugs and psychotropic medicines, and the regulations in this Circular. 

2. The Ministry of Industry and Trade shall issue licenses for export and import of industrial precursor chemicals.

3. Any entity in an export-processing zone must obtain a license from the Ministry of Industry and Trade when importing precursor chemicals from domestic companies. The entities that export of precursor chemicals from the domestic market to export-processing zones are not required to obtain this license.

Article 10. Application and procedure for issuance of export and import licenses

1. Every applicant for the license for export/import of precursor chemicals shall send an application to the Ministry of Industry and Trade (the Vietnam Chemical Agency) directly, by post, or online.

2. The application consists of:

a) An application form for export or import of industrial precursor chemicals provided in Annex 2 enclosed to this Circular;

b) The sales contract of industrial precursor chemicals or one of documents: Sale contract/agreement, memorandum, commercial invoice. If the application is submitted directly, sent by post, or sent online, the copies prescribed in Clause 2 Article 3 of this Circular shall be submitted.

3. Licensing procedure

a) If the application is not satisfactory, within 3 days, the Vietnam Chemical Agency shall request the applicant to complete the application. This period 3-day period is not included in time limit for licensing mentioned in Point b of this Clause;

b) Within 7 working days from the receipt of the satisfactory application according to Clause 2 this Article, the Vietnam Chemical Agency shall verify it and request the Ministry to issue the export or import license.  If the application is rejected, a written response specifying the reasons shall be made.

Article 11. Duration of export and import licenses

1. For Group 1 chemicals, export and import licenses shall be issued every time an export or import is made according to commercial invoices or the sales contract of precursor chemicals; sales agreement, or memorandum. The export or import license shall expire after 03 months from its date of issue.

2. For Group 2 chemicals, export and import licenses shall be issued according to the sales contracts of precursor chemicals, sales agreements, memorandums, or commercial invoices. In this case, the export or import license shall expire after 06 months from its date of issue.

3. In case where an entity export or import both of Group 1 and Group 2 chemicals, only one license shall be issued and it shall expire after 06 months from its date of issue

4. The forms of the export license and import license are provided in Annex 3 enclosed to this Circular.

Article 12. Extension of export and import licenses

1. When the export or import license expires according to Article 11 of this Circular but the export or import is not completed, a request for extension must be sent to the Ministry of Industry and Trade (the Vietnam Chemical Agency).

2. Every applicant for an extension of the license for export or import of industrial precursor chemicals send an application to the Ministry of Industry and Trade (the Vietnam Chemical Agency) directly, by post, or online.

3. The application for extension of the export or import license consists of

a) An application form for extension provided in Annex 4 enclosed to this Circular;

b) A photocopy of the export or import license;

c) Every entity that exports or imports Group 1 chemicals must enclose with the application a report on the export, import, purchase, sale, and use of the latest licensed shipment of precursor chemicals.

4. Procedure for extension

a) If the application is not satisfactory, within 3 (three) days, the Vietnam Chemical Agency shall request the applicant to complete it. This 3-day period shall not been included in time limit for mentioned in Point b of this Clause;

b) Within 5 (five) working days, from the receipt of the satisfactory application as prescribed at Clause 3 this Article, the Vietnam Chemical Agency shall verify it and request the Ministry to grant an extension of the export or import license.  If the application is rejected, a written response specifying the reasons shall be made.

5. Duration of extension

Duration of an extension is 3 (three) months from the day on which the application for extension is sent; the extension is effective only in the planned year. The form of extended license is provided in Annex 5 enclosed to this Circular.

Article 13. Cooperate in controlling issuance of export and import licenses

Cooperation in controlling the issuance of export and import and import licenses shall comply with Clause 1 Article 8 of Decree No. 58/2003/ND-CP and Decision No. 52/2011/QD-TTg dated September 21, 2011 of the Prime Minister on cooperation in control of lawful narcotic-related activities.

Article 14. Revocation of export and import licenses

1. The cases in which the export or import license is revoked

a) The license is falsified or changed without permission;

b) False documents or information is used in the application for the license;

c) The holder of the license shuts down the business or goes bankrupt.

2. The authority that issued the license shall revoke it. The entity that has the license revoked shall send it to the licensing authority within 7 (seven) working days from the day on which the revocation is decided.

Section 3. DELIVERY AND STORAGE OF INDUSTRIAL PRECURSOR CHEMICALS

Article 15. Delivery of industrial precursor chemicals

1. When industrial precursor chemicals are delivered, the deliverer and the recipient must check their names, concentrations, quantity, quality, batch number, and expiry dates.

2. The recipient must present the ID card, letter of authorization for receiving goods, take responsibility for the quantity, quality and categories of precursor chemicals during the transport, and hand them over to the person in charge of use and management.

3. After the delivery is done, both parties must sign and write their full names on the delivery note.

Article 16. Storage of industrial precursor chemicals

1. Industrial precursor chemicals in storage must be preserved in a separate area in warehouse or in a separate warehouse where safety is ensured in accordance with relevant laws, current standards and technical regulations.

2. The warehouse where industrial precursor chemicals are stored must have a notice board where rules and regulations on chemical safety are written, conspicuous danger signs, a signally system appropriate for the danger level where all hazards of precursor chemicals are shown.

3. It is required to have equipment for safety surveillance or necessary equipment for reducing the hazards of industrial precursor chemicals such as air ventilation, temperature control, sunlight-resistant, flame-resistant, fire-resistant, moisture-resistant, lightning resistant, and electrostatic-resistant systems

4. Industrial precursor chemicals in storage must have labels as prescribed by current law on labeling.  Labels of precursor chemicals must be chemically and mechanically durable throughout the existence of precursor chemicals.

5. A logbook of the circulation of industrial precursor chemicals must be kept. During the storage, it is required to take necessary measures for preventing the loss of precursor chemicals. If a loss of precursor chemicals is found, it must be immediately reported to the nearest police department and the local authority.

Chapter III

RECORDING, BOOKKEEPING, REPORTING AND CHECKING INDUSTRIAL PRECURSOR CHEMICALS

Article 17. Recording and bookkeeping

1. A log of the quantity of industrial precursor chemicals that are manufactured, sold, exported, imported, used, and unused must be kept

2. Other goods must not be written on the delivery notes of industrial precursor chemicals, which are made by the manufacturer, seller, exporter, importer, user, or keeper.

3. Invoices and documents about the sales and purchases of industrial precursor chemicals shall be made in accordance with current regulations. Any purchase or sale of industrial precursor chemicals without invoices shall be considered illegal and punished by law.

4. Information, the list of customers and documents about industrial precursor chemicals must be retained for at least 5 (five) years (for Group 1 chemicals) or at least 3 (three) years (for Group 2 chemicals), whether the activities related to precursor chemicals are carried on or not. If an entity has multiple branches, the data of precursor chemical information must include all relevant information of such branches.

Article 18. Reporting

1. Reports by entities

b) Before December 20 every year, every entity that manufactures industrial precursor chemicals must send a report on their production using form in Annex 6 enclosed to this Circular to the Ministry of Industry and Trade (the Vietnam Chemical Agency);

b) Before June 20 and December 20 every year, every entity that exports, imports, uses, or stores  industrial precursor chemicals must send a report on the export, import, use, or storage of precursor chemicals using the form in Annex 7 enclosed to this Circular to the Ministry of Industry and Trade (the Vietnam Chemical Agency);

c) If an entity engages in the activities mentioned in both Point a and Point b of this Clause, it is required to make consolidated report the production, export, import, use and storage of industrial precursor chemicals using the form in Annex 6 and Annex 7, then send it to the Ministry of Industry and Trade (the Vietnam Chemical Agency), by the deadline mentioned in Point b this Clause;

d) Before June10 and December 10 every year, every entity that sells industrial precursor chemicals must compile an inventory and send a report on their business using the form in Annex 8 enclosed to this Circular to provincial Service of Industry and Trade;

e) Within 10 (ten) working days from the completion of the export or import of Group 1 chemicals, the exporter or importer must make and send a report on the actual quantity and categories of precursor chemicals, and their purposes, then send it to the Ministry of Industry and Trade and the Ministry of Public Security.

2. Reports by state authorities

a) Before June 20 and December 20, the provincial Service of Industry and Trade shall send a report on the sale, inspection on industrial precursor chemicals of the local entities under their management to the Ministry of Industry and Trade (the Vietnam Chemical Agency) according to article 7 and article 19 of this Circular. The form of this report is provided in Annex 9 enclosed to this Circular;

b) Annually, before June 30 and December 31, the Ministry of Industry and Trade (the Vietnam Chemical Agency) shall send a report on the management and control of industrial precursor chemicals to the Prime Minister, chairperson of National Committee for AIDS, Drug and Prostitution Prevention and Control, and the Ministry of Public Security.

Article 19. Inspection over industrial precursor chemicals

1. Periodical and irregular inspections of precursor chemical sale

a) Provincial Services of Industry and Trade shall carry out annual inspections at the local establishments that sell industrial precursor chemicals according to Article 7 of this Circular;

b) When a violation against the regulations on selling precursor chemical business in this Circular and relevant laws is found, the provincial Service of Industry and Trade shall carry out a surprise inspection.

2. Interdisciplinary inspection of over activities related to industrial precursor chemicals

a) The Ministry of Industry and Trade (the Vietnam Chemical Agency) shall take charge and cooperate with relevant agencies in carrying out annual inspections of the operation of the entities that produce, sell, export, import, use, and/or store industrial precursor chemicals nationwide;

b) If violations against the regulations of this Circular and relevant legal documents are found, the Ministry of Industry and Trade (the Vietnam Chemical Agency) shall take charge and cooperate with relevant agencies in carrying out surprise -hoc inspections.

Chapter IV

IMPLEMENTATION

Article 20. Responsibility for implementation

1. The Vietnam Chemical Agency shall provide instructions on and supervise the implementation of this Circular; provide periodic training for the entities engaged in activities related to precursor chemicals nationwide to raise their awareness.

2. Provincial Services of Industry and Trade shall implement regulations on control of local industrial precursor chemicals in the Decision No. 52/2011/QD-TTg Article 7 and Article  19 of this Circular.

3. Market surveillance forces shall inspect, control the circulation of industrial precursor chemicals circulating on the market, and deal with administrative violations.

Article 21. Effect

1. This Circular takes effect on March 10, 2014.

2. This Circular replaces:

a) Decision No. 134/2003/QD-BCN dated August 25, 2003 of the Minister of Industry on providing the list of industrial precursor chemicals and their management;

b) Decision No. 04/2004/QD-BCN dated January 07, 2004 of the Minister of Industry on addition of some substances to the list of industrial precursor chemicals, which is enclosed with the Decision no. 134/2003/QD-BCN;

c) Decision No. 41/2006/QD-BCN dated December 01, 2006 of the Minister of Industry on amendments to Article 6, Clause d Article 8 of the Regulation on management of industrial precursor chemicals;

d) Decision No. 5041/QD-BCT dated October 12, 2009 of the Minister of Industry and Trade on addition of some substances to the list of industrial precursor chemicals, which is enclosed with the Decision no. 134/2003/QD-BCN;

e) Circular No. 13/2011/TT-BCT dated March 30, 2011 of Minister of Industry and Trade on amendments to the administrative procedures in the Regulation on management of industrial precursor chemicals, which is enclosed with the Decision no. 134/2003/QD-BCN dated August 25, 2003 of Minister of Industry.

3. Any problem or difficulty that arises during the implementation of this Circular should be reported to the Ministry of Industry and Trade for amendments.

ANNEX 1

LIST OF INDUSTRIAL PRECURSOR CHEMICALS
(Promulgated together with Circular No. 42/2013/TT-BCT dated December 31, 2013 of Minister of Industry and Trade)

Note:

- This List includes all the salts of the substances in list above

- Safrole, Isosafrole and essential oils or any mixture that contain Safrole, Isosafrole must comply with the laws on temporary import.