Nghị định 38/2014/ND-CP

Decree No. 38/2014/NĐ-CP dated May 06, 2014, on the management of chemicals governed by Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction

Nội dung toàn văn Decree No. 38/2014/NĐ-CP management of chemicals governed by Convention on the prohibition of chemical weapons


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness

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No. 38/2014/NĐ-CP

Hanoi, May 06, 2014

 

DECREE

ON THE MANAGEMENT OF CHEMICALS GOVERNED BY THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Chemicals November 21, 2007;

Pursuant to the Decision No. 167 HD/CTN dated August 24, 1998 of the President of Vietnam on the approval for the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

At the request of the Minister of Industry and Trade,

The Government issues the Decree on the management of the chemicals governed by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree imposes regulations on the production, business, process, use, stockpiling, import and export of the chemicals controled in the Socialist Republic of Vietnam which are governed by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (hereinafter referred to as Chemical Weapons Convention or CWC)

Article 2. Regulated objects

This Decree is applied to the organizations and individuals involved in the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC.

Article 3. Regulated laws

1. The activities related to the chemicals governed by the CWC must comply with the regulations of this Decree and other relevant law regulations.

2. Cases which are not prescribed in this Decree or prescribed differently from the CWC, they shall be implemented in accordance with the CWC.

Article 4. Interpretation of terms

In this Decree, these terms shall be construed as follows:

1. “Toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation, acute or chronic poisoning in the long term to humans or animals; or damage to environment and habitat. This term includes all such chemicals, regardless of their origin or of their method of production, and production facilities. 

2. “ Precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. A precursor participates in the chemical reaction that produces a toxic chemical and plays the key role in term of the toxicity of that toxic chemical

3. “Schedule chemical” means any toxic chemical and precursor governed by the CWC and is classified as Schedule 1 chemical, Schedule 2 chemical (including 2A*; 2A and 2B) and Schedule 3 chemical according to the decrease of the toxicity level.

4. “Riot Control Agent" means any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.

5. “Other chemical” mean any chemical not listed in a Schedule which is classified as DOC and DOC-PSF, of which:

a) DOC means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates.

b) DOC-PSF means any unscheduled discrete organic chemical containing one or more elements phosphorus, sulfur or fluorine.

6. "Production" of a chemical means its formation through chemical reaction.

7. "Processing" of a chemical means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical.

8. "Consumption" of a chemical means its conversion into another chemical via a chemical reaction or the presentation of the chemical is necessary in the process of the formulation of another chemical.

9. “Stockpiling” of a chemical means the stockpiling or maintenance of an unused chemical or remaining chemical in the specialized warehouse, cask or basin in chemical facilities.

10. “Chemical facility” means any place where one or more than one activities related to the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC take place. Chemical facilities are classified as Schedule 1 chemical facilities, Schedule 2 chemical facilities, Schedule 3 chemical facilities, DOC and DOC-PSF facilities, of which:

a) Schedule 1 chemical facilities, Schedule 2 chemical facilities, Schedule 3 chemical facilities are the places where one or more than one activities related to the production, business, process, use, stockpiling, import and export of Schedule 1, Schedule 2, Schedule 3 chemicals take place.

b) DOC, DOC-PSF facilities are the facilities which produce DOC and DOC-PSF.

11. "Production Capacity" means the annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility. It shall be deemed to be equal or exceeding the manufacturing output, processing or consumption of that facility.

12. “Data verification” is the assessment and comparison of the investment data of the facilities producing, trading, processing, using, brokering, exporting and importing the Schedule chemicals from the licensed suppliers which is declared in order to reconfirm the conformability of the declared data or to detect errors needing adjusting to ensure the obviousness, accuracy and trueness of the declaration.

13. “Verification” is an on-site inspection carried out by the Organization for the Prohibition of Chemical Weapons at a facility subject to verification which is declared to the Organization in order to verify the conformability of the declared information and confirm the compliance with the regulations of the CWC of the chemical facility, of which:

a) “Initial verification” is the first verification of the Organization of any chemical facility subject to verification;

c) “Re-verification” is the verification conducted by the Organization after the initial verification of a Schedule chemical, DOC or DOC-PSF facility to verify the conformability of the declaration which is submitted to the Organization by the State Party.

c) “Systematic Verification” is the verification periodically conducted after the initial verification at a Schedule 1 or Schedule 2 facility according to a particular agreement on such chemical facility in order to verify and re-confirm the conformability of the declaration which is submitted to the Organization by the State Party.

d) “Surprise verification" is the verification conducted at any chemical facility in any territory under the jurisdiction of a State Party at any time in order to deal with the accusation of the violation of the CWC at such chemical facility.

14. “Facility agreement” is the agreement between a State Party with the Organization on the verification of a specific chemical facility subject to verification; The facility agreement shall be negotiated during the initial verification and usually applied to the Schedule 1 and Schedule 2 chemical facilities.

 15. “Organization for the Prohibition of Chemical Weapons” (hereinafter referred to as the Organization) is the organization established by the State Parties to the CWC in order to achieve the objectives and purposes of the CWC by ensuring full compliance with the provisions of the CWC.

16. “State Party” to the CWC is any country which has signed, approved or participated in the CWC and officially become a member of the CWC after 30 days from the day on which the copy of the approval is deposited or the notification of the participation of the CWC is submitted to the UN Secretary-General.

17. “Vietnam National Agency” in charge of the implementation of the CWC (hereinafter referred to as Vietnam National Agency) is an interdisciplinary organization of which the establishment is approved by the Prime Minister.

18. “Accompanying delegation” is an group of experts assigned by the Vietnam National Agency to cooperate with the Inspectorate of the Organization during the verification of the Inspectorate in Vietnam.

19. “Copy” is an photocopy certified or sealed by an organization or individual (if it is sent by post), a photocopy attached to the original one in order to be compared (if it is submitted directly), a scan copy of the original one (if it is submitted via the Internet)

Article 5. Form and purposes of the Schedule 1 chemical facilities

Schedule 1 chemical facilities include: Single small-scale facilities and other facilities.

1. Single small-scale facilities

Single small-scale facilities are established to serve the research, medical, pharmaceutical or protective purposes. The production at a single small-scale facility shall be carried out in reaction vessels in production lines not configured for continuous operation. The volume of such a reaction vessel shall not exceed 100 litres, and the total volume of all reaction vessels with a volume exceeding 5 litres shall not be more than 500 litres.

2. Other facilities:

a) Production of Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per year may be carried out for protective purposes at one facility outside a single small-scale facility;

b) Production of Schedule 1 chemicals in quantities of more than 100 g per year may be carried out for research, medical or pharmaceutical purposes outside a single small-scale facility in aggregate quantities not exceeding 10 kg per year per facility;

c) Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical purposes, but not for protective purposes, may be carried out at laboratories in aggregate quantities less than 100g per year per facility.

Article 6. Chemical weapons

Chemical weapons include one, two or all of these:

1. The toxic chemicals and their precursors, except for the ones used for the purposes which are not prohibited in the CWC with the quantity and types conformable with those purposes.

2. Munitions and equipment that are specially designed to use the toxicity of the toxic chemicals and precursors as prescribed in Clause 1 of Article in order to cause death or other evils.

3. Any equipment that is specially designed to directly use the munitions and equipment prescribed in Clause 2 of this Article.

Article 7. List of Schedule chemicals

The List of the Schedule 1, Schedule 2 and Schedule 3 chemicals is issued together with this Decree. The Ministry of Industry and Trade shall take charge and cooperate with regulatory Ministries in considering and submitting the amendments to such List to the Government according to the administration requirements of each stage and the conformity with the CWC.

Article 8. Activities prohibited and purposes not prohibited under the CWC

1. Activities prohibited under the CWC

a) Development, production, acquirement, acquisition, use, import or export of the chemical weapons directly or indirectly of any organization or individual; engagement with any military preparation using chemical weapons; encouragement or incitement to any organization or individual in any form to take part in any activities prohibited under the CWC; use of the riot control agent as war weapons.

b) Development, production, acquirement, acquisition, use, import or export of the Schedule 1 chemicals, except for the research, medical, pharmaceutical or protective purposes which are approved by the competent authorities; import or export of the Schedule 1 chemicals of any individual or organization in any nation that is not a State Party of the CWC; re-import or re-export of the Schedule 1 chemicals of any organization or individual in a third country;

b) Development, production, acquirement, acquisition, use, import or export of the Schedule 2 chemicals, except for the purposes which are approved by the competent authorities and unprohibited under the CWC; import or export of the Schedule 1 chemicals of any individual or organization in any nation that is not a State Party of the CWC;

b) Development, production, acquirement, acquisition, use, import or export of the Schedule 3 chemicals, except for the purposes which are approved by the competent authorities and unprohibited under the CWC; import or export of the Schedule 1 chemicals of any individual or organization in any nation that is not a State Party of the CWC without the end use certificate issued by the competent authorities of such nation;

dd) Production of DOC, DOC-PSF, except for the purposes not prohibited under the CWC.

2. Purposes Not Prohibited Under this Convention:

a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;

b) Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;

c) Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;

d) Law enforcement including domestic riot control purposes.

Article 9. Functions and responsibilities of the Vietnam National Agency

1. The Vietnam National Agency shall:

a) Consult the Government and the Prime Minister on the implementation of the CWC;

b) Ensure the consistent, close and effective cooperation among the Ministries, regulatory authorities and relevant authorities in implementing the CWC;

c) Supervise and inspect to ensure the compliance with the CWC;

d) Act as a contact between Vietnam and the Organization.

2. Permanent authority of the Vietnam National Agency

The Ministry of Industry and Trade is the representative and permanent authority of the Vietnam National Agency and in charge of dealing with every issues related to the CWC on behalf of the Vietnam National Agency.

Article 10. Responsibilities of governing authorities for the implementation of the CWC;

1. The Governing shall take measures to ensure the consistent implementation of the CWC;

2. The Ministry of Industry and Trade shall be responsible for State administration of the implementation of the CWC to the Government;

 Within its authority, the Ministry of Industry and Trade shall:

a) Promulgate or request the Government to consider promulgating the legislative documents to implement the CWC;

b) Issue, suspend or revoke the Certificates of the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC.

c) Administer the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC; inspect these activities in the chemical facilities within its ambit of competence;

d) Disseminate the CWC and related legislative documents.

dd) Take charge of the international cooperation within the framework of the CWC.

3. Responsibilities of relevant Ministries and regulatory authorities

a) The Ministry of Finance shall collect the biannual and annual import and export data of the Schedule chemicals to send a report to the Ministry of Industry and Trade to submit an national declaration to the Organization for the Prohibition of Chemical Weapons (hereinafter referred to as the Organization).

b) The Ministry of National Defense, the Ministry of Public Security shall assess the activities related to the CWC in the units affiliated to the armed forces; cooperate with the Ministry of Industry and Trade in implementing the CWC;

c) The Ministry of Health shall administer the use of the Schedule 1 chemicals in the facilities for the medical or pharmaceutical research , report the administration of the use of the Schedule 1 chemicals to the Ministry of Industry and Trade in order to submit an national declaration to the Organization;

d) Ministry of Foreign Affairs shall cooperate with the Ministry of Industry and Trade and the Ministry of Public Security in fulfilling the commitment of Vietnam to implement the CWC and ensure the international cooperation in accordance with the CWC; issue the visas many times or temporary residence cards whose effective periods are 2 years to the inspectors and inspection assistants of the Organization as well as send the list of the inspectors and inspection assistants that have been issued visas to the Organization.

Article 11. Inspection

1. The Vietnam National Agency shall cooperate with the Ministries, regulatory authorities and relevant authorities in inspecting the activities related to the chemicals governed by CWC;

2. The inspections shall be conducted according to current law regulations Surprise inspections shall be conducted when:

a) The competent authorities find any information and material that are likely to violate the regulations of the CWC, this Decree and relevant laws through their administration.

b) Any violation is reported or denounced;

c) The Vietnam National Agency or the Organization makes a request.

Article 12. Information security

1. Every member of the Vietnam National Agency shall protect the confidential information while conducting the missions in accordance with the regulations of the CWC and national information security.

2. The Vietnam National Agency must comply with the regulations of the law on the national information security in the relationship with the foreign organizations and individuals while exchanging, providing the national confidential information, material or objects for the Organization.

3. The confidential information about the chemical facilities may only be disclosed to the persons in charge to perform duties prescribed in the CWC and for emergencies related to the community safety.

Article 13. Declaration of change in name of Riot Control Agent

1. In case any chemical used as the Riot Control Agent is changed, the regulatory authorities related to the administration and use of the Riot Control Agency must report the information of the chemical used to replace the abovementioned chemical to the Vietnam National Agency, such information includes: Name of the chemical (the name prescribed by the IUPAC, trade name or common name); chemical formula and CSA registry number. This report must be sent to the Vietnam National Agency before 30 days from the date such chemical is used as the Riot Control Agent.

2. The Vietnam National Agency shall notify the Organization of the regulations in Clause 1 this Article.

Article 14. Annual declaration of the defense and voluntary contribution programme

The Vietnam National Agency shall cooperate with the relevant regulatory authorities in making annual declarations on the defense and voluntary contribution programme to request the Prime Minister to consider approving and notify the Organization.

Chapter 2.

CHEMICALS GOVERNED BY THE CHEMICAL WEAPONS CONVENTION

Section 1. Chemical facilities are classified as Schedule 1 chemicals, Schedule 2 chemicals, Schedule 3 chemicals

Article 15. Production conditions for Schedule 1 chemicals

1. Organizations and individual must not produce the Schedule 1 chemicals, unless they are produced to serve the purposes of scientific research, maintenance of national defense and security, prevention and combat of epidemic diseases. Any Schedule 1 chemical producer must:

a) Have the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.

b) Have a written commitment on the production of the Schedule 1 chemicals in accordance with the regulations in Point b Clause 1 Article 8 of this Decree

c) Have the location, area, workshop, machinery, equipment, technological process and storehouse suitable to produce the Schedule 1 chemicals up to quality standards.

d) Have a laboratory for testing and analysis or having reached agreement with an appointed or accredited testing unit which has registered for testing in accordance with law on product and goods quality for the purpose of quality control.

dd) Have a waste treatment system to ensure that the waste treatment conformable with the national technical regulations and standards of environment;

e) Have transports to carry the chemicals from the production facility to the receivers suiting such chemicals. Sign a contract with a company eligible to provide transport services if the producer does not have means of transportation.

g) Satisfy all of the conditions for fire and explosion safety, environment protection, occupational safety and hygiene in accordance with the relevant law regulations.

d) Employ a technical director or deputy director having at least a Bachelor’s Degree in chemistry. Employ the management, technology and administration personnel whose major is chemistry.

i) Provide the training in chemical safety for employees working in the Schedule 1 chemical production facility who directly contact with chemicals.

2. Any organization or individual producing the Schedule 1 chemicals satisfying all of the conditions prescribed in the Clause 1 shall be approved by the Prime Minister.

3. Applications, procedures and time for the approval of the production of the Schedule 1 chemicals are prescribed in the Article 17 of this Decree.

4. The Ministry of Industry and Trade shall give instructions on the implementation of the production conditions of the Schedule 1 chemicals which are prescribed in Points c, d, dd, e, g, h, i in Clause 1 this Article.

Article 16. Production conditions for Schedule 2 chemicals, Schedule 3 chemicals

1. Any Schedule 2, Schedule 3 chemical producer must:

a) Have the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.

b) Have the written commitment on the production of the Schedule 2, Schedule 3 chemicals in accordance with the regulations in Points b and c Clause 1 Article 8 of this Decree.

c) Satisfy the requirements for facilities in accordance with the regulations in Points c, d, dd, e, g Clause 1 Article 15 of this Decree;

d) Satisfy the requirements for manpower in accordance with the regulations in Points h and i Clause 1 Article 15 of this Decree;

2. Any Schedule 2 and Schedule 3 chemical producer satisfying all of the conditions prescribed in the Clause 1 shall be approved by the Prime Minister.

3. Applications, procedures and time for the approval of the production of the Schedule 2 and Schedule 3 chemicals are prescribed in the Article 17 of this Decree.

Article 17. Applications procedures and processing time for the issuance of the Production Certificates of Schedule 1, Schedule 2 and Schedule 3 chemicals

1. An application consists of:

a) A written request for the issuance of the production certificate of the applicant using the prescribed form;

b) A copy of either the Enterprise registration certificate, Investment certificate or Business registration Certificate.

c) The written commitment on the production of the Schedule 1, Schedule 2, Schedule 3 chemicals in accordance with the regulations in Points b and c Clause 1 Article 15; point b Clause 1 Article 16 of this Decree.

d) Documents that satisfy the conditions prescribed in Points c, d, dd, d, e, h, i Clause 1 Article 15 of this Decree;

2. Procedures for the issuance of the Certificates

a) Each Schedule 1, Schedule 2 or Schedule 3 chemical producer shall file 1 (one) application to the Ministry of Industry and Trade directly or by post;

b) The Ministry of Industry and Trade shall notify the producer of the sufficiency and validity of the application and request the producer to complete the application once within at most 03 (three) working days from the receipt of the application. The time for notification and completion of the application is not included in the processing time for issuance of the Production Certificate as prescribed in Clause 3 this Article.

3. Processing time for the issuance of the Certificates

a) The processing time for the issuance of a Production Certificate of the Schedule 1 chemicals is 10 (ten) working days as a maximum from the receipt of an valid application. The Ministry of Industry and Trade shall examine, assess, and request the Prime Minister for the approval. In case of disapproval, the Ministry of Industry and Trade shall be authorized by the Prime Minister to send back a written reply giving specific reasons;

b) The processing time for the issuance of a Production Certificate of the Schedule 2, Schedule 3 chemicals is 10 (ten) days as a maximum, from the receipt of a valid application. The Ministry of Industry and Trade shall assess the application and issue the Certification. In case of disapproval, the Ministry of Industry and Trade shall send back a written reply giving specific reasons.

4. Contents of a Production Certificate

a)Name, address of the head office of the Schedule chemical production facility;

a) Location for production;

c) Information about the chemicals (Names, CAS registry number, chemical formulas; content, concentration);

d) Production purposes

dd) Duties of the facility which is issued the Certificate.

5. Re-issuance and adjustment to the Production Certificates

a) The Certificates are re-issued when they are lost, wrong or damaged.

b) The Certificates are adjusted when either of their the business registration, location, operation conditions, information related to the producer registering, production capacity, chemicals is changed.

c) An application for the re-issuance of or adjustment to the Certificate consists of: A written request for the re-issuance of or adjustment to the Production Certificate (with specific reasons) using the prescribed form; documents proving the changes (applied to the Certificate needs adjusting); the Production Certificate (unless the Certificate is lost).

d) The authorities in charge of issuance shall assess the application and reissue or adjust the Certificate to the eligible producers using the prescribed forms within 07 (seven) days from the receipt of the valid applications prescribed in Point c this Clause. In case of disapproval, the authorities in charge of issuance shall send back a written reply giving specific reasons;

6. The Ministry of Industry and Trade provides the forms, Certificate forms, reissued or adjusted Certificate forms, documents satisfying the production conditions for the Schedule 1, Schedule 2, Schedule 3 chemicals prescribed in this Article.

Article 18: Declaration of production, business, processing, stockpiling and use of Schedule 1, Schedule 2 chemicals, Schedule 3 chemicals

1. Declaration of the production, business, processing, stockpiling and use of Schedule 1, Schedule 2 chemicals, Schedule 3 chemicals

Anyone who produces, trades, processes, use or stockpile the Schedule 1, Schedule 2, Schedule 3 chemicals must submit a declaration to the Ministry of Industry and Trade using the prescribed form. The deadline for the declaration is prescribed as follows:

a) Each organization or individual must submit the first declaration of the Schedule 1 chemical facilities not later than 210 days before the operation of such facility begins.

b) Each organization or individual must submit the first declaration of the activities in the previous year in such Schedule 1 facility before February 28.

c) Each organization or individual must submit an annual declaration of the plan for the following year of such Schedule 1 facility before February 28.

d) Each organization or individual must submit the declaration not later than 210 days before the adjustment or change in the current activities in such Schedule 1 facility.

2. Declaration of the production, business, processing, stockpiling and use of Schedule 2 chemicals, Schedule 3 chemicals

Anyone who produces, trades in, processes, use or stockpile the Schedule 2, Schedule 3 chemicals must submit a declaration to the Ministry of Industry and Trade using the prescribed form when the output of such facility approximates or exceeds these following limits:

a) With regard to the production, processing, use, stockpiling of the Schedule 2, Schedule 3 chemicals: 01 kg/year for some Schedule 2A chemicals; 100 kg/year for some Schedule 2A chemicals; 01 tonne/year for some Schedule 2B chemicals; at lease 30 tonnes/year for the Schedule 3 chemicals;

b) With regard to the business of the Schedule 2, Schedule 3 chemicals: at least 1% concentration for the Schedule 2A and 2A*chemicals; at least 30% concentration for the Schedule 2B chemicals; at lease 30% concentration for the Schedule 3 chemicals;

3. Deadline for the declaration of the production, business, processing, stockpiling and use of Schedule 2 and Schedule 3 chemicals:

a) Each organization or individual must submit the declaration not later than 60 days with regard to the Schedule 2 chemicals and not later than 30 days with regard to the Schedule 3 chemicals before the operation of such facility begins.

b) Each organization or individual must submit an annual declaration of the activities in the previous year before February 28.

c) Each client must submit an annual declaration of the plan for the following year before September 30.

d) Each client must submit the declaration of the supplementation not later than 30 days before the adjustment or change in the current activities in such facility.

4. The Ministry of Industry and Trade provides forms for the declaration of the production, business, processing, stockpiling and use of Schedule 1, Schedule 2, Schedule 3 chemicals of this Article.

Article 19. Import and Export of Schedule 1, Schedule 2, and Schedule 3 chemicals

1. Any importer and exporter must:

a) Have either the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.

b) Be permitted by the Prime Minister to import or export the Schedule 1 chemicals;

c) Be issued with the Import Permit or Export Permit by the Ministry of Industry and Trade for the Schedule 2, and Schedule 3 chemicals.

2. An application for the issuance of the Permit consists of:

a) A written request for the issuance of the permit using the prescribed form;

a) A copy of either the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.

c) The contract or agreement on trading the Schedule 1, Schedule 2 and Schedule 3 with the organizations that are Members of the Organization.

3. Procedures for the issuance of a Certificate

a) Each importer or exporter of Schedule 1, Schedule 2 and Schedule 3 chemicals shall file 1 (one) application and send it to the Ministry of Industry and Trade directly or by post;

b) The Ministry of Industry and Trade shall notify each importer or exporter of the sufficiency and validity of the application and request the importer or exporter to complete the application once within at most 03 (three) working days from the receipt of the application. The time for notification and completion of the application is not included in the processing time of the issuance of the Certificates of import or export as prescribed in points a and b Clause 4 this Article.

4. Processing time for the issuance of the Certificates

b) The processing time for the issuance of a Certificate of import or export of the Schedule 1 chemicals is 10 (ten) days as a maximum, from the receipt of a valid application. The Ministry of Industry and Trade shall assess the application and request the Prime Minister to consider approving. In case of disapproval, the Ministry of Industry and Trade shall be authorized by the Prime Minister to send a written reply giving specific reasons;

b) The processing time for the issuance of a Certificate of import or export of the Schedule 2, Schedule 3 chemicals is 7 (ten) days as a maximum, from the receipt of a valid application. The Ministry of Industry and Trade shall assess the application and issue the Certification. In case of disapproval, the Ministry of Industry and Trade shall send a written reply giving specific reasons;

c) In case the Schedule 1, Schedule 2, Schedule 3 chemicals are imported or exported to serve the specialist purposes (medical, pharmaceuticals, agriculture, protection) the Ministry of Industry and Trade shall collect the written opinions of the regulatory Ministry before issuing the permits when necessary. The time for the opinion collection is not included in the processing time prescribed in Points a and b this Clause.

5. Contents of a Permit

a)Name, address of the head office of the Schedule chemical facility;

c) Information about the chemicals (Names, CAS registry number, chemical formulas; content, concentration);

c) Import or export weight;

d) Import or export purposes;

dd) Name of the importing or exporting countries;

dd) Name of the border checkpoint of export or import;

c) Expiration of import or export;

h) Duties of the facility which is issued with the Permit.

6. Each import or export permit for the Schedule 1, Schedule 2, and Schedule 3 chemicals shall only be issued once per a contract in at most 12 months and shall not be extended. The issued permits must not be transferred to other importers or exporters.

7. Any organization and individual that has been issued with the Import Permit for the Schedule 1, Schedule 2 and Schedule 3 chemicals is not required to implement the regulations on the issuance of the written Confirmation of the report on the chemicals in the List of the chemicals needing reporting in accordance with the regulations of the Law on chemicals and other guiding documents on the implementation of the laws.

8. Any organization and individual that is permitted to import or export the Schedule 1, Schedule 2 and Schedule 3 chemicals shall submit these following documents to the Ministry of Industry and Trade in order to submit the declaration to the Organization.

a) With regard to the Schedule 1 chemicals: not later than 45 days before the start of the import or export, a declaration of the import or export of the Schedule 1 chemicals must be submitted; before January 31 every year, a declaration of the import, export and domestic distribution of each Schedule 1 chemical during the previous year must be submitted using the prescribed form.

b) With regard to the Schedule 2 chemicals: Before February 28 every year, a declaration of the mixture of Schedule 2A* and 2A chemicals whose concentration is at least 1% and Schedule 2B whose concentration is at least 20% must be submitted using the prescribed form;

b) With regard to the Schedule 3 chemicals: Before February 28 every year, a declaration of the mixture of Schedule 3 chemicals whose concentration is at least 30% must be submitted using the prescribed form;

9. In case the Schedule 3 chemicals are exported to any organization or individual in any country which is not a State Party to the CWC, an end use certificate which is issued by the competent authorities of such country is required. The certificates of the last use must be included in the applications for the issuance of the Export Permits.

10. The import or export data of any Schedule 1, Schedule 2 and Schedule 3 chemical importer or exporter shall be assessed by the Organization or the Ministry of Industry and Trade in cooperation with the Vietnam National Agency when required.

11. The Minister of Industry and Trade provides forms of the request for the issuance of the permits, the import or export permit form for the Schedule chemicals, the declaration forms for the Schedule 1, Schedule 2, and Schedule 3 chemicals prescribed in this Article.

Section 2: PRODUCTION AND DECLARATION OF DOC AND DOC-PSF

Article 20. Production of DOC and DOC-PSF

1. Any organization and individual producing DOCs and DOC-PSFs must

a) Have either the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.

b) Have the written commitment on the production of the DOCs, DOC-PSFs in accordance with the regulations in Point dd Article 8 of this Decree.

c) Satisfy the requirements for facilities in accordance with the regulations in Points c, d, dd, e, g Clause 1 Article 15 of this Decree;

d) Satisfy the requirements for manpower in accordance with the regulations in Points h and i Clause 1 Article 15 of this Decree;

2. Any DOC and DOC-PSF producer that satisfies all of the conditions prescribed in the Clause 1 this Article shall be issued with the Permit by the Ministry of Industry and Trade.

3. Applications, procedures and processing time are the same as those for the Schedule 2, Schedule 3 chemicals as prescribed in the Article 17 of this Decree.

Article 21. Declaration of DOC and DOC-PSF facilities

1. Any producer whose DOC output is at least 200 tonnes/year and DOC-PSF output is at least 30 tonnes/year must submit these following documents to the Ministry of Industry and Trade using the prescribed forms:

a) The first declaration of the DOC and DOC-PSF facility (not later than 30 days before the operation of such facility begins).

b)An annual declaration of the activities in the previous year in the DOC and DOC-PSF facility ( before February 28).

d) A declaration of the supplementation to the DOC and DOC-PSF facility (not later than 30 days before the adjustment or change in the production in such facility).

2. The Minister of Industry and Trade provides the forms for the declaration of the DOC and DOC-PSF facilities.

Chapter 3.

VERIFICATION OF CHEMICAL FACILITIES

Article 22. Verified objects

1. c) The Schedule 1 chemical facilities are the objects subject to the systematic and initial verification of the Organization due to the corresponding facility agreement.

2. c) The Schedule 2 chemical facilities are the objects subject to the systematic and initial verification of the Organization when their output is equal to or more than:

a) 10kg of a 2A* chemical per year;

a) 1 tonne of a 2A chemical per year;

c) 10 tonnes of a 2B chemical per year.

3. c) The Schedule 3 chemical facilities whose output is at least 200 tonnes/year are the objects subject to the initial verification and re-verification of the Organization.

4. The DOC and DOC-PSF facilities whose output is at least 200 tonnes/year are the objects subject to the initial verification and re-verification of the Organization.

5. The organization may carry out surprise verification at any Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF facility when any violation of the CWC is reported.

Article 23. Responsibilities of verified facilities

1. Comply with the regulations on verification activities of the Organization; follow the instructions given by the accompanying delegation during the verification at the facilities; facilitate the Inspectorate of the Organization to perform their tasks prescribed in the inspection order.

2. Equip the Inspectorate with offices, filling cabinets with locks, international roaming landline telephones, fax machines and shredders.

3. Assign experts in charge of the activities of the Schedule chemical facilities such as: management, technology, business, finance, environment, occupational safety to cooperate with the Inspectorate.

4. Prepare the necessary documents, material, diagrams, and designs to facilitate the Inspectorate.

5. Provide samples for the Inspectorate when required.

6. All of the expenses shall be returned to the facilities by the Secretariat of the Organization by request.

Article 24. Requirements for verification

1. With regard to the Schedule 1 chemical facilities

b) Inspect the activities in the facilities pursuant to the regulations in part VI of the Verification Annex of the CWC;

b) Inspect the implementation of the regulations on the declaration of the Schedule 1 chemicals;

c) Evaluate the potential risks of the activities related to chemicals in the facilities.

2. With regard to the Schedule 2 chemical facilities

b) Inspect the activities in the facilities pursuant to the regulations in part VI of the Verification Annex of the CWC;

b) Inspect the implementation of the regulations on the declaration of the Schedule 2 chemicals;

c) Evaluate the potential risks of the activities related to chemicals in the facilities.

3. With regard to the Schedule 3 chemical, DOC and DOC-PSF facilities

b) Inspect the activities in the facilities pursuant to the regulations in part VI of the Verification Annex of the CWC;

b) Inspect the Schedule chemicals produced in the facilities pursuant to the regulations in part VI of the Verification Annex of the CWC;

Article 25. Reception and working with Inspectorate of the Organization

The Vietnam National Agency shall

1. Welcome and work with the Inspectorate of the Organization; exercise the inspection rights pursuant to Clause 29 Section c Part II of the Verification Annex of the CWC to ensure the suitability of the equipment carried to Vietnam by the Inspectorate.

2. Facilitate the Inspectorate to fulfill its duties in accordance with the regulations on the verification order of the Organization.

3. Cooperate with the verified facilities in imposing protective measures for the facilities, information and figures irrelevant to the inspection purposes and content.

4. Cooperate with the representatives of the facilities during the initial verification in negotiating with the Inspectorate for the facility agreement in the systematic verification at the facilities after the initial verification with regard to the Schedule 1 and Schedule 2 chemical facilities.

Article 26. Processing time for verification

1. With regard to the Schedule 1 chemical facilities

a) The decision on the verification shall be announced at least 24 hours before the arrival at the entry location;

b) The duration for the verification activities to be carried out at the facilities depends on the potential risks to the objectives and purposes of the CWC.

2. With regard to the Schedule 2 chemical facilities

a) The decision on the verification shall be announced at least 48 hours before the arrival at the entry location;

b) The duration for the verification activities to be carried out at the facilities is 96 hours which can be extended according to each specific agreement.

3. With regard to the Schedule 3 chemical, DOC and DOC-PSF facilities

a) The decision on the verification shall be announced at least 120 hours before the arrival at the entry location;

b) The duration for the verification activities to be carried out is 24 hours which can be extended according to each specific agreement.

Article 27. Procedures for verification

1. Methods of Verification

a) Conduct visual inspections of the manufacturing equipment, control rooms, laboratories, sheds and waste treatment areas;

b) Review the documents and applications;

c) Discuss and interview;

d) Collect and analyze samples if necessary.

2. Verification procedures

a) Attend the presentations on the facilities given by their representatives. Such presentations include: activities of the facilities, site plans of the factories and shops subject to verification; chemical reactions; technology process; production materials balance; waste treatment; measures for protecting the environment, ensuring the occupational safety and maintaining health;

b) Examine the items of the facilities;

c) Make consistent verification plans and contents;

d) Examine the production areas; review the documents on the supply of materials, products and production; examine the warehouses, waste treatment areas, and storage areas for substandard chemicals; examine the laboratories (if any); review the documents.

The documents that are reviewed includes: documents on the technology process (technology process diagram, power, company diagrams, factory maps); factory operation diaries, documents on patches, documents on quality inspection including the analyzed data, documents on the warehouses and transportation (both inside and outside); documents on the health, safety and environment maintenance, Material Safety Data Sheets (MSDS) of the chemicals, Standard Operation Process (SOP), regulations on safety of each facility, regulations on the limits on the contact with the chemicals in the facilities, warnings of potential risks;

dd) Review the initial verification results with the representatives of the facilities and the Vietnam National Agency which are given by the Inspectorate; clarify the suspicious content (if any) within 24 hours after the inspection is finished. The initial results shall be presented in the draft of the preliminary Reports on the verification which are signed by the representatives of the facilities and the Vietnam National Agency with the Chief of the Inspectorate.

3. With regard to the Schedule 1, Schedule 2 chemical facilities

a) During the initial verification, the Inspectorate shall negotiate with the Vietnam National Agency for the uniformity of the content of the draft agreements related to the inspections at the facilities. Such agreements shall be submitted to the Organization and the Government of Vietnam to be concluded.

b) The re-verification activities of the Schedule 1, Schedule 2 chemical facilities shall be carried out the same as those of the Schedule 3 chemical, DOC and DOC-PSF facilities as prescribed in the Point b Clause 13 Article 4 of this Decree.

4. Surprise verification

a) Surprise verifications are carried out to deal with the accusation of the violation of the CWC regulations made by an State Party against any chemical facility under the management of another State Party.

a) The decision on the surprise verification shall be announced at lease 12 hours before the arrival at the entry location; b) The duration for the verification activities to be carried out at the facilities is not more than 84 hours which can be extended according to agreement with the inspected nation.

Article 28. Incentives and exemptions

1. During the verification in Vietnam, the members of the Inspectorate shall be provided incentives and granted diplomatic immunity according to the regulations of the CWC on the incentives and exemptions of the UN dated 1946.

2. Samples and equipment in the list of the equipment approved by the Conference for the State Parties of the CWC which are carried to Vietnam by the Inspectorate to conduct verification activities shall be given exemption from report, customs inspection, import and export tax.

Chapter 4.

IMPLEMENTATION

Article 29. Transitional regulations

Within 01 (one) year from the effective date of this Decree, any organization or individual that are producing, trading, processing, using, stockpiling, importing and exporting the Schedule 1, Schedule 2, Schedule 3 chemicals and producing DOC and DOC-PSF without satisfying all the conditions prescribed in this Decree must completely fulfill all of those conditions . Any organization or individual who have not completely fulfilled all of the conditions shall be suspended until all of the conditions are fulfilled completely.

Article 30. Effect

This Decree takes effect from July 01, 2014. This Decree shall replace the Decree No. 100/2005/NĐ-CP dated August 03, 2005 of the Government on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.

Article 31. Implementation Organization

1. The Ministry of Industry and Trade shall provide guidelines for the clauses assigned thereto in this Decree.

The Ministry of Finance shall cooperate with the Ministry of Industry and Trade in promulgating regulations within their authority or requesting the competent authorities to promulgate regulations and provide instructions on customs procedures for export and import of Schedule chemicals in accordance with the regulations of the CWC.

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the President of the People’s Committees of central-affiliated cities and provinces shall implement this Decree./.

 

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

APPENDIX

LIST OF SCHEDULE 1 CHEMICALS (Issued together with the Decree No. 38/2014/NĐ-CP dated June 05, 2014 of the Government)

SCHEDULE 1 CHEMICALS

NO

Name of the chemical

CAS Registry Number

HS Code

A

Toxic chemicals

 

 

1

O-Alkyl (

(Me, Et, n-Pr or i-Pr)-phosphonofluoridates

e.g:

Sarin: O-Isopropyl methylphosphonofluoridate

Soman: O-Pinacolyl methylphosphonofluoridate

 

 

 

107-44-8

96-64-0

2931.00

 

 

2931.00

2931.00

2

O-Alkyl (

(Me, Et, n-Pr or i-Pr) phosphoramidocyanidates

e.g:

 

2931.00

 

Tabun: O-Ethyl N,N-dimethylphosphoramidocyanidate

77-81-6

2931.00

3

O-Alkyl (H or

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

(Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts

e.g:

 

2930.90

 

VX: O-Ethyl S-2-diisopropylaminoethyl methylphosphonothiolate

50782-69-9

2930.90

4

 Sulfur mustards:

 

 

2-Chloroethylchloromethylsulfide

Mustard gas: Bis(2-chloroethyl)sulfide

Bis(2-chloroethylthio)methane

Sesquimustard:

1,2-Bis(2-chloroethylthio)ethane

1,3-Bis(2-chloroethylthio)-n-propane

1,4-Bis(2-chloroethylthio)-n-butane

1,5-Bis(2-chloroethylthio)-n-pentane

Bis(2-chloroethylthiomethyl)ether

O-Mustard: Bis(2-chloroethylthioethyl)ether

2625-76-5

505-60-2

63869-13-6

3563-36-8

 

63905-10-2

142868-93-7

142868-94-8

63918-90-1

63918-89-8

2930.90

2930.90

2930.90

2930.90

 

2930.90

2930.90

2930.90

2930.90

2930.90

5

 Lewisites: Lewisite 1: 2-Chlorovinyldichloroarsine

541-25-3

2931.00

 Lewisite 2: Bis(2-chlorovinyl)chloroarsine

 Lewisite 3: Tris(2-chlorovinyl)arsine

40334-69-8

40334-70-1

2931.00

2931.00

6

 Nitrogen mustards: HN1: Bis(2-chloroethyl)ethylamine

538-07-8

2921.19

 HN2: Bis(2-chloroethyl)methylamine

 HN3: Tris(2-chloroethyl)amine

51-75-2

555-77-1

2921.19

2921.19

7

 Saxitoxin

35523-89-8

3002.90

8

Ricin

9009-86-3

3002.90

B

 Precursors

 

 

1

 Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides

 

 

e.g: DF: Methylphosphonyl difluoride

676-99-3

2931.00

2

O-Alkyl (H or

 O-Alkyl (H or

e.g:

 

2931.00

 QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite

57856-11-8

2931.00

3

 Chlorosarin: O-Isopropyl methylphosphonochloridate

1445-76-7

2931.00

4

 Chlorosoman: O-Pinacolyl methylphosphonochloridate

7040-57-5

2931.00

 

SCHEDULE 2 CHEMICALS

NO

Name of the chemical

CAS Registry Number

HS Code

A

Toxic chemicals

 

 

1

(Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts

78-53-5

2930.90

2

PFIB:

 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene

382-21-8

2903.30

3

 BZ: 3-Quinuclidinyl benzilate (*)

6581-06-2

2933.39

B

 Precursors

 

 

1

 Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms

 

2931.00

e.g. Methylphosphonyl dichloride

 Dimethyl methylphosphonate

 Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate

676-97-1

756-79-6

944-22-9

2931.00

2931.00

2931.00

2

 N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides

 

2929.90

3

 Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl

(Me, Et, n-Pr or i-Pr)-phosphoramidates

 

2929.90

4

 Arsenic trichloride

7784-34-1

2812.10

5

 2,2-Diphenyl-2-hydroxyacetic acid

76-93-7

2918.19

6

 Quinuclidin-3-ol

1619-34-7

2933.39

7

 N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts

 

2921.19

8

 N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts

 

2922.19

 Exemptions: N,N-Dimethylaminoethanol and corresponding protonated salts

N,N-Diethylaminoethanol and corresponding protonated salts

108-01-0


100-37-8

 

9

N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts

 

2930.90

10

 Thiodiglycol: Bis(2-hydroxyethyl)sulfide

111-48-8

2930.90

11

 Pinacolyl alcohol: 3,3-Dimethylbutan-2-ol

464-07-3

2905.19

 

SCHEDULE 3 CHEMICALS

No.

Name of the chemical

CSA Registry number

HS code

A

Toxic chemicals

 

 

1

 Phosgene: Carbonyl dichloride

75- 44-5

2812.10

2

 Cyanogen chloride

506- 77- 4

2851.00

3

 Hydrogen cyanide

74- 90- 8

2811.19

4

 Chloropicrin: Trichloronitromethane

76- 06- 2

2904.90

B

 Precursors

 

 

1

 Phosphorus oxychloride

10025- 87- 3

2812.10

2

 Phosphorus trichloride

7719- 12- 2

2812.10

3

 Phosphorus pentachloride

10026- 13- 8

2812.10

4

 Trimethyl phosphite

121- 45- 9

2920.90

5

 Triethyl phosphite

122- 52- 1

2920.90

6

 Dimethyl phosphite

868- 85- 9

2920.90

7

 Diethyl phosphite

762- 04- 9

2920.90

8

 Sulfur monochloride

10025- 67- 9

2812.10

9

 Sulfur dichloride

10545- 99- 0

2812.10

10

 Thionyl chloride

7719- 09- 7

2812.10

11

 Ethyldiethanolamine

139- 87- 7

2922.19

12

 Methyldiethanolamine

105- 59- 9

2922.19

13

 Triethanolamine

102- 71- 6

2922.13

 Note: Those abovementioned chemicals are the main substances (substrates), their derivatives are listed in the Handbook of Chemicals by the Organization. There are 894 derivatives that have been widely used in commerce from December 2002. The information about the abovementioned derivatives shall be provided by Ministry of Industry and Trade according to specific request. F


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