New legislations on import, export of the schedule chemicals under the Chemical Weapons Convention

Organizations and individuals that import or export the schedule chemicals are required to obtain a license granted by the competent authority. Such a license is a condition for customs clearance of imported or exported schedule chemicals.

Under the Government Decree 33/2024/ND-CP dated March 27, providing the management of chemicals under the Convention of the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons (CWC) in the territory of the Socialist Republic of Vietnam, covering: general provisions on the implementation of CWC; the production, trade, export, import, processing, use, and stockpiling of the schedule chemicals, production of DOC (chemical compounds consisting of all compounds of carbon except for its oxides, sulfides, and metal carbonates) and DOC-PSF (any unscheduled discrete organic chemical containing one or more elements phosphorus, sulfur or fluorine); the reporting on the schedule chemicals, DOC, and DOC-PSF; the supervision, inspection and examination; and the state management of the schedule chemicals, DOC, and DOC-PSF.

schedule chemicals
The schedule chemicals under the Chemical Weapons Convention (Illustration)

The toxic chemicals and their precursors are specified in Schedules 1, 2 and 3 of the Annex on Chemicals to the CWC. Accordingly, organizations and individuals may only import or export Schedule 1 and Schedule 2 chemicals from the CWC’s state parties. In case the export of Schedule 3 chemicals is conducted with an organization or individual of a non-state party to CWC, the certificate of end-use granted by the competent authority of that state party is required. To import schedule chemicals for the trading purpose, an entity or individual is required to obtain a schedule chemical trading license granted by a competent agency in charge of schedule chemical management.

In addition, those that import or export the schedule chemicals are obliged to report thereon under Articles 23, 24 and 25 of the Decree and submit to inspection and examination by competent agencies under Articles 34 and 35.

Schedule chemical import permit holders are not required to make chemical declarations for chemicals on the list of chemicals subject to declaration under the Chemical Law and Decree 113/2014/ND-CP, as revised under Decree 82/2022/ND-CP.


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