Decree No. 38/2014/ND-CP dated May 06, 2014 of the Government on the management of chemicals subject to control under the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction

DECREE

On the management of chemicals subject to control under the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction[1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to November 21, 2007 Law on Chemicals;

Pursuant to the President’s Decision No. 167/HD-CTN of August 24, 1998, on the ratification of the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction;

At the proposal of the Minister of Industry and Trade,

The Government promulgates the Decree on the management of chemicals subject to control under the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree regulates the production, trading, processing, consumption, retention, import and export of chemicals subject to control under the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction (below referred to as the Convention) in the territory of the Socialist Republic of Vietnam.

Article 2.Subjects of application

This Decree applies to organizations and individuals involved in the production, trading, processing, consumption, retention, import and export of chemicals subject to control under the Convention.

Article 3.Application of laws

1. Activities involving chemicals subject to control under the Convention must comply with this Decree and other relevant laws.

2. In case this Decree contains no relevant provision or contains provisions different from those of the Convention, the provisions of the Convention prevail.

Article 4.Interpretation of terms

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

1. Toxic chemical means any chemical which through its chemical action on life processes can cause death, temporary or permanent uncapacitation, acute or chronic toxication to humans or animals or destruction to the environment or living habitat. This term covers all such chemicals, regardless of their origin, their method of production, or their production facilities.

2. Precursor means any chemical which takes part at any stage in a technological process to react with another chemical to create a toxic chemical and plays the most important role in determining the toxic properties of such toxic chemical.

3. Scheduled chemical means a toxic chemical or precursor subject to control under the Convention and classified into Schedule 1, Schedule 2 (including also 2A*, 2A and 2B) and Schedule 3 according to its toxicity.

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 the termination of exposure.

5. Other chemicals means chemicals other than scheduled chemicals and classified into DOC chemicals and DOC-PSF chemicals, including:

a/ DOC chemicals, which are discrete organic chemicals, including all compounds of carbon, except for their oxides and sulfides and metal carbonates;

b/ DOC-PSF chemicals, which are discrete organic chemicals containing one of such elements as 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 its appearance is necessary for the creation of another chemical.

9. Retention of a chemical means the storage and preservation of a chemical unused or not yet used up in specialized warehouses, vessels or tanks at a chemical facility.

10. Chemical facility is a site where one or more activities of producing, trading, processing, consuming, retaining, importing and exporting chemicals subject to control under the Convention take place. Chemical facilities are classified into Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemical facilities, including:

a/ Schedule 1, Schedule 2 or Schedule 3 chemical facility is a site where one or more activities of producing, trading, processing, consuming, retaining, importing and exporting Schedule 1, Schedule 2 or Schedule 3 chemicals take place;

b/ DOC, DOC-PSF chemical facility is a site where activities of producing DOC or DOC-PSF chemicals take place.

11. Output means the quantity of a particular chemical actually produced, processed or consumed or planned to be produced, processed or consumed in a given year by a chemical facility. The output of a facility may be equal to or exceed its production, processing or consumption capacity for a particular chemical.

12. Verification of data means an action whereby the Organization for the Prohibition of Chemical Weapons or the Vietnamese National Authority checks, examines and compares data on investment in chemical facilities, production, trading, processing, consumption, brokerage, import and export of scheduled chemicals provided by licensed organizations or individuals for the purpose of reconfirming the consistency of declared data or detecting errors to be redressed to ensure transparency, accuracy and truthfulness of declarations.

13. Inspection means on-site inspection conducted by the Organization for the Prohibition of Chemical Weapons at a chemical facility subject to inspection declared by a State Party to the Organization for the purpose of confirming the consistency of declared information and certifying the compliance with the provisions of the Convention at the said facility.

a/ Initial inspection means the first inspection conducted by the Organization for the Prohibition of Chemical Weapons of a chemical facility subject to inspection;

b/ Re-inspection means an inspection following the initial inspection conducted by the Organization for the Prohibition of Chemical Weapons of a scheduled chemical  or DOC-PSF chemical facility in order to re-inspect the consistency of declarations submitted by a State Party to the Organization;

c/ Systematic inspection means an inspection following the initial inspection, which is regularly conducted at a Schedule 1 or Schedule 2 chemical facility under a separate agreement on such facility for the purpose of examining and reconfirming the consistency of declarations submitted by a State Party to the Organization for the Prohibition of Chemical Weapons;

d/ Unexpected inspection means an inspection of any chemical facility in the territory or a place under the jurisdiction of a State Party at any time for the purpose of clarifying concerns regarding non-compliance of the Convention at the said facility.

14. Facility agreement means an agreement concluded between a State Party and the Organization for the Prohibition of Chemical Weapons concerning an inspection of a particular chemical facility subject to inspection. A draft facility agreement shall be prepared during the initial inspection and often for Schedule 1 and Schedule 2 chemical facilities.

15. Organization for the Prohibition of Chemical Weapons means an organization established by the State Parties to achieve the objects and purposes of the Convention through ensuring compliance with its provisions.

16. State Party to the Convention means a state which has signed and ratified or acceded to the Convention and has officially become a party to the Convention on the 30^thday following the date of deposit of its instrument of ratification of or accession to the Convention to the Secretary General of the United Nations.

17. Vietnamese National Authority for the implementation of the Convention (below referred to as the Vietnamese National Authority) means an inter-branch organization set up by decision of the Prime Minister.

18. Escort team means a group of experts appointed by the Vietnamese National Authority to work with the inspection team of the Organization for the Prohibition of Chemical Weapons while the inspection team conducts inspection activities in Vietnam.

19. Copy means a copy certified by or bearing a certification stamp of an organization or individual (for dossiers filed by post), a photocopy enclosed with the original for comparison (for dossiers filed directly), scanned copy of the original (for dossiers filed through the electronic network).

Article 5.Forms and operation purposes of 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 for the research, medical, pharmaceutical or protective purpose. Production at single small-scale facilities is carried out in non-continuous reaction equipment. Capacity of reaction equipment must not exceed 100 liters and total capacity of reaction equipment with capacity of over 5 liters must not exceed 500 liters.

2. Other facilities include

a/ Facilities producing Schedule 1 chemicals for the protective purpose with a total output not exceeding 10 kg/year;

b/ Facilities producing Schedule 1 chemicals for the research, medical or pharmaceutical purpose with each chemical’s output of over 100 grams/year but a total output not exceeding 10 kg/year;

c/ Laboratories for preparing and synthesizing Schedule 1 chemicals for the research, medical or pharmaceutical purpose with a total output of under 100 grams/year.

Article 6.Chemical weapons

Chemical weapons include the following, together or separately:

1. Toxic chemicals and their precursors, except where intended for purposes not prohibited under the Convention, as long as the types and quantities are consistent with such purposes.

2. Munitions and devices, specifically designed to cause death or other harms through the toxic properties of those toxic chemicals and precursors specified in Clause 1 of this Article.

3. Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in Clause 2 of this Aricle.

Article 7.Lists of scheduled chemicals

Promulgated together with this Decree are lists of Schedule 1 chemicals, Schedule 2 chemicals and Schedule 3 chemicals. To meet management requirements in each period and comply with the Convention, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with line ministries in, considering and submitting to the Government amendments and supplements to these lists.

Article 8.Acts prohibited and purposes not prohibited under the Convention

1. Prohibited acts

a/  Developing, producing, owning, stockpiling and using chemical weapons; importing and exporting chemical weapons directly or indirectly with any organizations or individuals; participating in any military preparations to use chemical weapons; supporting, encouraging or inducing, in any way, any organizations or individuals to engage in any activity prohibited under the Convention; using riot control agents as a method of warfare;

b/ Producing, processing, consuming, retaining, trading in, importing and exporting Schedule 1 chemicals, unless permitted by the Prime Minister for special purposes such as research, medical, pharmaceutical or protective purposes; importing and exporting Schedule 1 chemicals with any organizations or individuals of a non-State Party; re-exporting or re-importing Schedule 1 chemicals with any organizations or individuals of a third state;

c/ Producing, processing, consuming, stockpiling, trading in, importing and exporting Schedule 2 chemicals, unless approved by competent state agencies for purposes not prohibited under the Convention; importing and exporting Schedule 2 chemicals with any organizations or individuals of a non-State Party;

d/ Producing, processing, consuming, stockpiling, trading in, importing and exporting Schedule 3 chemicals, unless approved by competent state agencies for purposes not prohibited under the Convention; exporting Schedule 3 chemicals with any organizations or individuals of a non-State Party without end-use certificates of a competent state agency of such state;

dd/ Producing DOC and DOC-PSF chemicals, unless for purposes not prohibited under the Convention.

2. Purposes not prohibited under the Convention

a/ Industrial and agricultural development, research, medical or pharmaceutical and other peaceful purposes;

b/ Protection directly related to the prevention and combat of toxic chemicals and chemical weapons;

c/ National defense and security activities not involving the use of chemical weapond and not using toxicity of chemicals as a warefare method;

d/ Law enforcement, including domestic anti-riot activities.

Article 9.Functions and tasks of the Vietnamese National Authority

1. Functions and tasks of the Vietnamese National Authority

a/ Advising the Government and Prime Minister on the implementation of the Convention;

b/ Ensuring synchronous, close and effective coordination among ministries, sectors and concerned agencies in implementing the Convention;

c/ Monitoring and inspecting to ensure compliance with the Convention;

d/ Acting as the focal point in maintaining working relations between Vietnam and the Organization for the Prohibition of Chemical Weapons.

2. The standing body of the Vietnamese National Authority

The Ministry of Industry and Trade is the standing body representing the Vietnamese National Authority in dealing with affairs related to the Convention.

Article 10.State management responsibilities in the implementation of the Convention

1. The Government shall perform the unified management of the implementation of the Convention nationwide.

2. The Ministry of Industry and Trade is answerable to the Government for performing the state management of the implementation of the Convention. Within the ambit of its tasks and powers, it shall:

a/  Promulgate according to its competence or submit to the Government for promulgation legal documents on the implementation of the Convention;

b/ Grant, suspend or revoke according to its competence licenses for production, processing, consumption, retention, trading, import and export of chemicals subject to control under the Convention;

c/ Manage the production, processing, consumption, retention, trading, import and export of chemicals subject to control under the Convention; inspect or examine these activities at chemical facilities under their management;

d/ Publicize and disseminate the Convention and relevant legal documents;

dd/ Assume the prime responsibility for implementing international cooperation within the framework of the Convention.

3. Responsibilities of related ministries and sectors

a/ The Ministry of Finance shall biannually and annually make statistics and summarize data on import and export of scheduled chemicals and transfer them to the Ministry of Industry and Trade for processing and making of national declarations to the Organization for the Prohibition of Chemical Weapons;

b/ The Ministry of National Defense and the Ministry of Public Security shall inspect and examine activities related to the Convention in armed forces units; and coordinate with the Ministry of Industry and Trade in implementing the Convention;

c/ The Ministry of Health shall manage the use of Schedule 1 chemicals in medical or pharmaceutical research institutions and summarize and report the use of Schedule 1 chemicals to the Ministry of Industry and Trade for making national declarations to the Organization for the Prohibition of Chemical Weapons;

d/ The Ministry of Foreign Affairs shall coordinate with the Ministry of Industry and Trade and the Ministry of Public Security in realizing Vietnam’s commitments to implementing the Convention and undertaking international cooperation in accordance with the Convention; grant multiple visas or temporary residence cards which are valid for up to 2 years to inspectors and assistant inspectors of the Organization for the Prohibition of Chemical Weapons, and concurrently notify the Organization for the Prohibition of Chemical Weapons of the list of inspectors and assistant inspectors to whom Vietnam has granted visas.

Article 11.Inspection, examination

1. The Vietnamese National Authority shall coordinate with related ministries, sectors and agencies in inspecting and examining activities related to chemicals subject to control under the Convention.

2. Inspection and examination must comply with current regulations. Irregular inspection and examination must be based on the following grounds:

a/ Through their management activities, competent agencies detect information and documents showing signs of violation of the Convention, this Decree and relevant laws;

b/ There are reports or denunciations on violations;

c/ The Vietnamese National Authority or the Organization for the Prohibition of Chemical Weapons so requests.

Article 12.Confidentiality of information

1. All members of the Vietnamese National Authority shall protect confidential information when performing their tasks in accordance with the Convention and regulations on protection of state secrets.

2. When exchanging or providing information, documents and objects bearing state secrets to the Organization for the Prohibition of Chemical Weapons, the Vietnamese National Authority shall comply with regulations on protection of state secrets in relations and contacts with foreign organizations and individuals.

3. Confidential information of chemical facilities may be exchanged with or disclosed to responsible persons only for the purpose of performing the obligations under the Convention and in emergency cases related to public safety.

Article 13.Notification on change of names of riot control agents

1. In case of change of chemicals used as riot control agents, the state agencies responsible for management and use of riot control agents shall notify the Vietnamese National Authority of the name of the replacement chemicals, covering the names of the chemicals (in accordance with the IUPAC nomenclature, trade name or ordinary name); their chemical formulas and CAS numbers. Such a notice must be sent to the Vietnamese National Authority within 30 days before the date the chemical is officially used as a riot control agent.

2. The Vietnamese National Authority shall notify the Organization for the Prohibition of Chemical Weapons of the information specified in Clause 1 of this Article.

Article 14.Annual notification on protective and voluntary contribution programs

The Vietnamese National Authority shall coordinate with related state agencies in making annual reports on Vietnam’s protective and voluntary contribution programs and submit them to the Prime Minister for approval and notification to the Organization for the Prohibition of Chemical Weapons.

Chapter II

CHEMICALS SUBJECT TO CONTROL UNDER THE CONVENTION

Section 1

SCHEDULE 1 CHEMICALS, SCHEDULE 2 CHEMICALS AND SCHEDULE 3 CHEMICALS

Article 15.Conditions for production of Schedule 1 chemicals

1. Organizations and individuals are not allowed to produce Schedule 1 chemicals, unless they produce such chemicals in special cases to serve scientific research, maintenance of national defense and security or prevention and combat of epidemics and diseases. The production of Schedule 1 chemicals must satisfy the following conditions:

a/ Having an enterprise registration certificate or an investment certificate or a business registration certificate granted by a competent state agency, stating a chemical business line;

b/ Having made a written commitment not to vilolate Point b, Clause 1, Article 8 of this Decree;

c/ Having appropriate location, space, workshops, machinery, equipment, technological process and storehouses up to quality standards;

d/ Having a laboratory for testing and analysis or having reached agreement with a designated or accredited testing unit which has registered for testing operation in accordance with law on product and goods quality for the purpose of quality control;

dd/ Having  a waste treatment system to ensure that waste treatment conforms to national environmental standards and technical regulations;

e/ Having vehicles for transportation of chemicals from the production facility to the place of delivery suitable to chemicals which the facility produce. In case the facility has no vehicle, it must sign contracts with facilities capable for chemical transportation;

g/ Having sufficient conditions for fire and exploration prevention and fighting, environmental protection, labor safety and sanitation in accordance with relevant laws;

h/ The director or technical deputy director of the facility producting Schedule chemicals must possess a university or higher-level degree in chemicals. Managerial, technical and executive staffs of the Schedule 1 chemical facility must possess professional qualifications in chemicals;

i/ Workers in exposure to chemicals of the Scheduel 1 chemical facility must be trained in chemical safety.

2. Organizations and individuals that wish to produce Schedule 1 chemicals and satisfy the conditions prescribed in Clause 1 of this Article will be licensed by the Prime Minister.

3. Dossiers, procedures and time limit for licensing the production of Schedule 1 chemicals must comply with Article 17 of this Decree.

4. The Minister of Industry and Trade shall guide the satisfaction of the conditions for production of Schedule 1 chemicals prescribed at Points c, d, dd, e, g, h and i, Clause 1 of this Article.

Article 16.Conditions for production of Schedule 2 chemicals and Schedule 3 chemicals

1. An organization or individual that wishes to produce Schedule 2 or Schedule 3 chemicals must satisfy the following conditions:

a/ Having an enterprise registration certificate or an investment certificate or a business registration certificate granted by a competent state agency, stating a chemical business line;

b/ Having made a written commitment not to vioalte Points c and d, Clause 1, Article 8 of this Decree;

c/ Satisfying the conditions of physical and technical foundations prescribed at Points c, d, dd, e and g, Clause 1, Article 15 of this Decree;

d/ Satisfying the conditions of human resources prescribed at Points h and i, Clause 1, Article 15 of this Decree.

2. Organizations and individuals that wish to produce Schedule 2 or Schedule 3 chemicals and satisfy the conditions prescribed in Clause 1 of this Article will be licensed by the Prime Minister.

3. Dossiers, procedures and time limit for licensing the production of Schedule 2 or Schedule 3 chemicals must comply with Article 17 of this Decree.

Article 17.Dossiers, procedures and time limit for licensing the production of Schedule 1, Schedule 2 and Schedule 3 chemicals

1. Licensing dossier

a/ An application for a production license, made according to a set form;

b/ A copy of the enterprise registration certificate or investment certificate or business registration certificate;

c/ Written commitment on production of Schedule 1, Schedule 2 or Schedule 3 chemicals made under Point b, Clause 1 or Point b, Clause 1, Article 16 of this Decree;

d/ Papers and documents specified at Points c, d, dd, e, g, h and i, Clause 1, Article 15 of this Decree.

2. Licensing procedures

a/ An organization or individual that wishes to produce Schedule 1, Schedule 2 or Schedule 3 chemicals shall make 1 (one) dossier set and send it directly or by post to the Ministry of Industry and Trade;

b/ Within 3 (three) working days after receiving a dossier, the Ministry of Industry and Trade shall notify the applicant of the completeness and validity of the dossier and request the applicant to complete the dossier for only once. The time for notification and dossier completion is not included in the licensing time limit prescribed in Clause 3 of this Article.

3. Licensing time limit

a/ The time limit for licensing the production of Schedule 1 chemicals is 10 (ten) working days after receiving a complete and valid dossier. The Ministry of Industry and Trade shall consider, examine and submit the dossier to the Prime Minister for licensing. In case of refusal to license, the Prime Minister shall authorize the Minsitry of Industry and Trade to reply in writing, clearly stating the reason;

b/ The time limit for licensing the production of Schedule 2 or Schedule 3 chemicals is 10 (ten) working days after receiving a complete and valid dossier. The Ministry of Industry and Trade shall examine the dossier and grant a license. In case of refusal to grant a license, the Minsitry of Industry and Trade shall reply in writing, clearly stating the reason.

4. Contents of a production license

a/ Name and address of the head office of the scheduled chemical production facility;

b/ Production location;

c/ Chemical information (name of the chemical; CAS number; chemical formula; content and concentration);

d/ Production purpose;

dd/ Obligations of the licensed facility.

5. Re-grant or modification of a production license

a/ A license may be re-granted in case of loss, error or damage;

b/ A license may be modified in case there is a change in the business registration, operation location and conditions or information relating to the registering organization or individual; or a change in the production capacity and produced chemical;

c/ A dossier for re-grant or modification of a production license comprises: An application for re-grant or modification of the production license (clearly stating the reason), made according to a set form; papers and documents proving the change (applicable to the case of modification of the license); and the production license (except case of loss or missing of the license);

d/ Within 7 (seven) working days after receiving a complete and valid dossier prescribed at Poin c of this Clause, the agency with the licensing competence shall examine the dossier and re-grant or modify the license according to a set form for the organization or individual that fully satisfies the conditions. In case of refusal to re-grant the license, the agency with the licensing competence shall reply in writing, clearly stating the reason.

6. The Minister of Industry and Trade shall set specific forms of application, license, re-granted or modified license, papers and documents to satisfy the conditions for production of Schedule 1, Schedule 2 or Schedule 3 chemicals prescribed in this Article.

Article 18.Declaration of production, trading, processing, consumption and stockpiling of Schedule 1, Schedule 2 and Schedule 3 chemicals

1. Declaration of production, trading, processing, consumption and stockpiling of Schedule 1 chemicals

Organizations and individuals that produce, trade in, process, consume and stockpile Schedule 1 chemicals shall make declarations with the Ministry of Industry and Trade according to a set form. The specific declaration time limit is as follows:

a/ At least 210 days before a Schedule 1 chemical facility commences its operation, the organization or individual shall submit an initial declaration on the facility;

b/ Prior to February 28 every year, the organization or individual shall submit a declaration of the preceding year’s operations at the Schedule 1 chemical facility;

c/ Prior to August 31 every year, the organization or individual shall submit a declaration of the following year’s projected operations at the Schedule 1 chemical facility;

d/ At least 210 days before adding, adjusting or changing operations at an existing Schedule 1 chemical facility, the organization or individual shall submit a declaration.

2. Declaration of production, trading, processing, consumption and stockpiling of Schedule 2 or Schedule 3 chemicals

Organizations and individuals that produce, trade in, process, consume and stockpile Schedule 2 and Schedule 3 chemicals shall make declarations with the Ministry of Industry and Trade according to a set form when their output are equal to or exceed the following limit:

a/ For production, processing, consumption and stockpiling Schedule 2 or Schedule 3 chemicals: 1 kg/year for a 2A* chemical; 100 kg/year for a 2A chemical; 1 ton/year for a 2B chemical; 30 tons or more/year for Schedule 3 chemicals;

b/ Trading of Schedule 2 or Schedule 3 chemicals: Concention of at least 1% for 2A* and 2A chemicals; concentration of at least 30% for 2B chemicals; and concentration of at least 30% for Schedule 3 chemicals.

3. Time limit for submission of declarations to the Ministry of Industry and Trade by organizations and individuals that produce, trade in, process, consume and stockpile Schedule 2 and Schedule 3 chemicals

a/ At least 60 days for Schedule 2 chemicals and 30 days for Schedule 3 chemicals before the facility commences its operation;

b/ Prior to February 28 every year, the organization or individual shall submit a declaration of its/his/her in the preceding year;

c/ Prior to September 30 every year, the organization or individual shall submit a declaration of its/his/her projected operations in the following year;

d/ At least 30 days before adding, adjusting or changing operations at an existing chemical facility, the organization or individual shall submit an additional declaration.

4. The Minister of Industry and Trade shall set specific forms of declaration of production, trading, processing, consumption and stockpiling of Schedule 1, Schedule 2 and Schedule 3 chemicals prescribed in this Article.

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

1. Conditions of an importer or exporter

a/ Having an enterprise registration certificate or an investment certificate or a businessregistration certificate, which states a chemical business line, granted by a competent agency;

b/ Being permitted by the Prime Minister to import or export Schedule 1 chemicals;

c/ Being granted by the Ministry of Industry and Trade a permit to import or export Schedule 2 or Schedule 3 chemicals.

2. A dossier of application for a permit

a/ An application for a permit, made according to a set form;

b/ A copy of the enterprise registration certificate or investment certificate or businessregistration certificate, which states a chemical business line, granted by a competent agency;

c/ A contract or an agreement on purchase and sale of Schedule 1, Schedule 2 or Schedule 3 chemicals with an institutional member of the Organization for the Prohibition of Chemical Weapons.

3. Procedures for grant of a permit

a/ An organization or individual importing or exporting Schedule 1, Schedule 2 or Schedule 3 chemicals shall make 1 (one) dossier set and send it directly or by post to the Ministry of Industry and Trade;

b/ Within 3 (three) working days after receiving a dossier, the Ministry of Industry and Trade shall notify the applicant of the completeness and validity of the dossier and request the applicant to complete the dossier for only once. The time for notification and dossier completion is not included in the time limit for grant of import or export permit prescribed at Points a and b, Clause 4 of this Article.

4. Time limit for grant of a permit

a/ The time limit for grant of a permit for import or export of Schedule 1 chemicals is 10 (ten) working days after receiving a complete and valid dossier. The Ministry of Industry and Trade shall examine the dossier and submit it to the Prime Minister for permission. In case of refusal to permit, the Prime Minister shall authorize the Ministry of Industry and Trade to reply in writing, clearly stating the reason;

b/ The time limit for grant of a permit for import or export of Schedule 2 or Schedule 3 chemicals is 7 (seven) working days after receiving a complete and valid dossier. The Ministry of Industry and Trade shall examine the dossier and grant a permit. In case of refusal to grant a permit, the Ministry of Industry and Trade shall reply in writing, clearly stating the reason;

c/ In case of import or export of Schedule 1, Schedule 2 or Schedule 3 chemicals for a specialized purpose (medical, pharmaceutical, agricultural or protective purpose), when necessary the Ministry of Industry and Trade shall collect written opinions of line ministries before granting a permit. The time for collection of opinions is not included in the time limit for grant of a permit prescribed at Point a or b of this Clause.

5. Contents of a permit

a/ Name and address of the head office of the scheduled chemical facility;

b/ Chemical information (name; CAS number; HS code; chemical formula; content and concentration);

c/ Chemical quantity to be imported or exported;

d/ Import or export purpose;

dd/ Name of the country of importation or exportation;

e/ Name of the border gate of importation or exportation;

g/ Import or export duration;

h/ Obligations of the permitted facility.

6. A permit for import or export of Schedule 1, Schedule 2 or Schedule 3 chemicals is granted only once for a contract, valid for 12 months and cannot be extended. A permit granted to an organization or individual must not be transferred to another.

7. Organizations and individuals that are granted permits for import or export of Schedule 1, Schedule 2 or Schedule 3 chemicals are not required to comply with regulations on grant of declaration certificates of chemicals on the list of chemicals subject to declaration in accordance with the Chemical Law and guiding documents.

8. Organizations and individuals permitted to import or export Schedule 1, Schedule 2 or Schedule 3 chemicals shall submit to the Ministry of Industry and Trade the following documents for carrying out procedures for notification to the Organization for the Prohibition of Chemical Weapons:

a/ For Schedule 1 chemicals: At least 45 days before the importation or exportation, to submit a notice of import or export of a Schedule 1 chemical. Before January 31 every year, to submit a declaration of import, export and domestic distribution for each Schedule 1 chemical in the preceding year, made according to a set form;

b/ For Schedule 2 chemicals: Before February 28 every year, to submit a declaration covering also mixtures containing 2A* and 2A chemicals of a concentration of at least 1% and 2B chemicals of a concentration of at least 30%, made according to a set form;

c/ For Schedule 3 chemicals: Before February 28 every year, to submit a declaration covering also mixtures containing Schedule 3 chemicals of a concentration of at least 30%, made according to a set form.

9. In case Schedule 3 chemicals are exported to organizations or individuals of a Non-State Party to the Convention, there must be an end-use certificate granted by the competent agency of such State. The end-use certificate is filed in the dossier of application for export permit.

10. When requested, organizations and individuals importing or exporting Schedule 1, Schedule 2 or Schedule 3 chemicals shall submit to the verification of import or export data by the Organization for the Prohibition of Chemical Weapons or the Ministry of Industry and Trade in coordination with the Vietnamese National Authority.

11. The Minister of Industry and Trade shall set specific forms of application for permit, permit for import or export of scheduled chemicals, notice and declaration of Schedule 1, Schedule 2 or Schedule 3 chemicals specified in this Article.

Section 2

PRODUCTION AND DECLARATION OF DOC AND DOC-PSF CHEMICALS

Article 20.Production of DOC and DOC-PSF chemicals

1. Conditions for production of DOC and DOC-PSF chemicals

a/ Having an enterprise registration certificate or an investment certificate or a business registration certificate granted by a competent agency, stating a chemical business line;

b/ Having made a written commitment not to violate Point dd, Clause 1, Article 8 of this Decree;

c/ Satisfying the conditions of physical and technical foundations prescribed at Points c, d, dd, e and g, Clause 1, Article 15 of this Decree;

d/ Satisfying the condition of human resources prescribed at Points h and i, Clause 1, Article 15 of this Decree.

2. Organizations and individuals that wish to produce DOC and DOC-PSF chemicals and satisfy the conditions prescribed in Clause 1 of this Article will be licensed by the Ministry of Industry and Trade.

3. Licensing dossiers, procedures and time limit for DOC and DOC-PSF chemicals are the same as those for Schedule 2 and Schedule 3 chemicals prescribed in Article 17 of this Decree.

Article 21.Declaration of DOC and DOC-PSF chemical facilities

1. An organization or individual that has a chemical facility with an output of 200 tons/year or more, for a DOC chemical, or of 30 tons/year or more, for a DOC-PSF chemical, shall submit to the Ministry of Industry and Trade the following documents:

a/ At least 30 days before the facility commences its operation, it/he/she shall submit an initial declaration on the DOC or DOC-PSF chemical facility, made according to a set form;

b/ Prior to January 28 every year, it/he/she shall submit a declaration on the preceding year’s operations at the DOC or DOC-PSF chemical facility, made according to a set form;

c/ At least 30 days before adding, adjusting or changing operations at an existing DOC or DOC-PSF chemical facility, it/he/she shall submit an additional declaration thereof, made according to a set form.

2. The Minister of Industry and Trade shall set specific forms of DOC and DOC-PSF chemical facility declaration.

Chapter III

INSPECTION OF CHEMICAL FACILITIES

Article 22.Subjects of inspection

1. Schedule 1 chemical facilities are subject to initial inspection and systematic inspection by the Organization for the Prohibition of Chemical Weapons under a relevant facility agreement.

2. Schedule 2 chemical facilities are subject to initial inspection and systematic inspection by the Organization for the Prohibition of Chemical Weapons if their chemical output equals or exceeds the following limit:

a/ 10 kg/year, for a 2A* chemical;

b/ 1 ton/year, for a 2A chemical;

c/ 10 tons/year, for a 2B chemical.

3. Schedule 3 chemical facilities that have an output of at least 200 tons/year are subject to initial inspection and re-inspection by the Organization for the Prohibition of Chemical Weapons.

4. DOC and DOC-PSF chemical production facilities that have an output of over 200 tons/year are subject to initial inspection and re-inspection by the Organization for the Prohibition of Chemical Weapons.

5. The Organization for the Prohibition of Chemical Weapons may conduct unexpected inspection at any Schedule 1, Schedule 2, Schedule 3, DOC or DOC-PSF chemical facility when there is a concern regarding non-compliance with the Convention.

Article 23.Responsibilities of inspected facilities

1. To fully observe regulations on inspection of the Organization for the Prohibition of Chemical Weapons; to comply with instructions of escort teams in the course of inspection at facilities; to cooperate and create every condition for inspection teams of the Organization for the Prohibition of Chemical Weapons to accomplish their inspection tasks prescribed in inspection mandates.

2. To provide working spaces, file lockers, internationally connected fixed telephones, facsimiles and paper shredders for inspection teams.

3. To appoint competent persons who are knowledgeable about operations of scheduled chemical facilities, such as management, technology, techniques, business, finance, environment and labor safety, to work with inspection teams.

4. To prepare sufficient files, documents, diagrams, drawings, records and books necessary for working with inspection teams.

5. To assist inspection teams in taking samples when so requested.

6. Funds used may be refunded by the Secretariat of the Organization for the Prohibition of Chemical Weapons to facilities when they so request.

Article 24.Inspection requirements

1. For Schedule 1 chemical facilities

a/ Inspecting operations at facilities according to requirements in Part VI of the Verification Annex to the Convention;

b/ Inspecting the compliance with the provisions on declaration of Schedule 1 chemicals;

c/ Assessing risks of chemical operations at facilities.

2. For Schedule 2 chemical facilities

a/ Inspecting operations at faclities according to requirements in Part VII of the Verification Annex to the Convention;

b/ Inspecting the compliance with the provisions on declaration of Schedule 2 chemicals;

c/ Assessing risks of chemical operations at facilities.

3. For Schedule 3, DOC and DOC-PSF chemical facilities

a/ Inspecting operations at faclities according to requirements in Part VIII of the Verification Annex to the Convention;

b/ Inspecting scheduled chemicals produced at facilities according to requirements in Part IX of the Verification Annex to the Convention.

Article 25.Reception of and working with inspection teams of the Organization for the Prohibition of Chemical Weapons

The Vietnamese National Authority has the following responsibilities:

1. To receive and work with inspection teams of the Organization for the Prohibition of Chemical Weapons; exercise the right to inspect under Item 29, Section c, Part II of the Verification Annex to the Convention the equipment brought into Vietnam by inspection teams.

2. To create every condition for the inspection team to accomplish their inspection tasks in accordance with the inspection mandate of the Organization for the Prohibition of Chemical Weapons.

3. To coordinate with inspected facilities in taking every measure to protect the facilities, information and data not relating to the inspection purpose and contents.

4. For Schedule 1 and Schedule 2 chemical facilities: In the course of the initial inspection, the Vietnamese National Authority shall together with representatives of facilities hold negotiations with inspection teams so as to reach agreement on the contents of facility agreements, stipulating details of systematic inspections at the facilities following the initial inspection.

Article 26.Inspection duration

1. For Schedule 1 chemical facilities

a/ The inspection decision must be notified at least 24 hours before the inspection team arrives at the place of entry;

b/ The duration of inspection at a facility depends on possible risks against the objectives and purposes of the Convention.

2. For Schedule 2 chemical facilities

a/ The inspection decision must be notified at least 48 hours before the inspection team arrives at the place of inspection;

b/ The duration of inspection at a facility is 96 hours and may be prolonged on the basis of a separate agreement.

3. For Schedule 3, DOC and DOC-PSF chemical facilities

a/ The inspection decision must be notified at least 120 hours before the inspection team arrives at the place of inspection;

b/ The duration of inspection at a facility is 24 hours and may be prolonged on the basis of a separate agreement.

Article 27.Inspection procedures

1. Inspection methods

a/ Manual inspection of production equipment, control rooms, laboratories, material storehouses and waste treatment areas;

b/ Checking of files and documents;

c/ Discussion and interview;

d/ Taking and analysis of samples, if necessary.

2. Inspection order

a/ Hearing facility representatives introducing facilities, covering operations of facilities; site plans of plants and workshops to be inspected; chemical reactions; technological process; material balance of the production; waste treatment; environmental protection, labor safety assurance and health protection measures;

b/ Visiting work items within facilities;

c/ Reaching agreement on inspection plans and contents;

d/ Inspecting production areas; examining files on supply of materials, products and production; inspecting warehouses, waste treatment systems and areas of retention of chemicals not up to technical standards; visiting laboratories (if any); checking documents.

Documents to be checked include documents on technological process (diagrams on technological process, capacity, plans of companies, maps of plants); diaries of operation of plans, files of batches; files of quality inspection, including analysis data; files of warehouses and transportation (inbound and outbound); documents on assurance of health, safety and environment, including material safety data sheet (MSDS) of chemicals, standard operation process (SOP), separate safety regulations of facilities, regulations on limits of exposure to chemicals availabe in facilities, hazard cautions;

dd/ Within 24 hours after completing an inspection, an inspection team shall together with the representative of the inspected facility and the Vietnamese National Authority review initial inspection results shown by the inspection team and clarify doubtful points (if any). Initial results shall be shown in draft preliminary reports on inspection signed by the representatives of the facility and the Vietnamese National Authority and the head of the inspection team.

3. For Schedule 1 and Schedule 2 chemical facilities

a/ In the course of initial inspection, there must be negotiations between inspection teams and the Vietnamese National Authority to reach agreement on contents of draft agreements relating to the inspection at facilities for submission to the Organization for the Prohibition of Chemical Weapons and the Vietnamese Government for conclusion;

b/ The re-inspection of Schedule 1 and Schedule 2 chemical facilities shall be conducted in the same manner as the inspection of Schedule 3, DOC and DOC-PSF chemical facilities prescribed at Point b, Clause 13, Article 4 of this Decree.

4. Unexpected inspection

a/ Unexpected inspection aims to clarify concerns of a State Party regarding the non-compliance of the Convention at a chemical facility subject to control by another State Party;

b/ The time limit for notification of an unexpected inspection decision: At least 12 hours before the inspection team arrives at the place of entry. The duration of inspection at a facility is 84 hours, unless it is prolonged under agreement with the inspected state.

Article 28.Privileges and immunities

1. During an inspection in Vietnam, members of an inspection team are entitled to the diplomatic privileges and immunities under the 1946 United Nations Convention on Privileges and Immunities.

2. Samples and equipment on the list of equipment approved by the Conference of the State Parties to the Convention and brought into Vietnam by inspection teams for performance of inspection tasks are exempted from customs declaration and inspection, import duty and export duty.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 29.Transitional provisions

Within 1 (one) year after the effective date of this Decree, organizations and individuals that currently produce, trade in, process, consume, stockpile, import and export Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemicals and fail to fully satisfy the conditions prescribed in this Decree shall fully satisfy such conditions. If failing to fully satisfy the conditions, they shall suspend their operations until they satisfy the conditions.

Article 30.Effect

This Decree takes effect on July 1, 2014, and replaces the Government’s Decree No. 100/2005/ND-CP of August 3, 2005, on the implementation of the Convention of the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction.

Article 31.Organization of implementation

1. The Minister of Industry and Trade shall specify and guide the implementation of articles and clauses of this Decree as assigned to it.

The Ministry of Finance shall coordinate with the Minister of Industry and Trade in elaborating for promulgation according to its competence or for submission to competent authorities for promulgation customs regulations and guidance relating to the import and export of scheduled chemicals under the Convention.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

* The appendix to this Decree is not translated.