Decree 33/2024/ND-CP implement Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

DECREE

Prescribing the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

Pursuant to the Law on Organization of the Government dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

Pursuant to the Law on Chemicals dated December 21, 2007;

Pursuant to the Law on Treaties dated April 09, 2016;

Pursuant to the Law on Management and Use of Weapons, Explosives and Combat Gears dated June 20, 2017;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the State President’s Decision No. 167 HD/CTN dated August 24, 1998 ratifying 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 hereby promulgates the Decree prescribing the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.

Chapter I

GENERAL PROVISIONS ON IMPLEMENTATION OF THE CHEMICAL WEAPONS CONVENTION

Article 1. Scope of regulation

This Decree prescribes the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (hereinafter referred to as the Chemical Weapons Convention) in the territory of the Socialist Republic of Vietnam, including:

1. General provisions on the implementation of the Chemical Weapons Convention.

2. Production, trading, export, import, processing, use, stockpiling of scheduled chemicals; production of DOCs and DOC-PSFs.

3. Declaration of Scheduled Chemicals, DOCs, and DOC-PSFs.

4. Regulations on verification, inspection and examination.

5. State governance over scheduled chemicals, DOCs, and DOC-PSFs.

Article 2. Subjects of application

This Decree applies to organizations and individuals involved in or related to activities for the purpose of implementing the Chemical Weapons Convention in the territory of the Socialist Republic of Vietnam.

Article 3. Applicable law

1. Activities for the purpose of implementing the Chemical Weapons Convention shall be governed by this Decree and other relevant legal provisions.

2. Prohibited activities and purposes not prohibited shall be governed by Article I paragraph 1 and Article II paragraph 9 of the Chemical Weapons Convention.

Article 4. Interpretation of terms

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

1. Chemical weapons, as defined under the Chemical Weapons Convention, means the following, together or separately:

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

b) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified at Point a of this Clause, which would be released as a result of the employment of such munitions and/or devices;

c) Any equipment specifically designed for use directly in connection with the employment of munitions and/or devices specified at Point b of this Clause.

2. Toxic chemical, as defined under the Chemical Weapons Convention, means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This definition includes all such chemicals therein, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, whether for military or non-military purposes.

3. Precursor, as defined under the Chemical Weapons Convention, means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multicomponent chemical system.

4. Scheduled chemicals mean toxic chemicals and precursors which have been identified for the application of verification measures under the Chemical Weapons Convention and are listed respectively in Schedule 1, Schedule 2 and Schedule 3 of the Annex on Chemicals to the Chemical Weapons Convention, regardless of whether the chemical is pure or contained in a mixture.

5. Riot control agent, as defined under the Chemical Weapons Convention, 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.

6. Discrete organic chemical (DOC), as defined under the Chemical Weapons Convention, means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates, identifiable by chemical name, by structural formula (if known) and by Chemical Abstracts Service (CAS) registry number (if assigned). DOC-PSF, as defined under the Chemical Weapons Convention, means any discrete organic chemical containing the elements phosphorus, sulfur or fluorine.

7. Production of a chemical, as defined under the Chemical Weapons Convention, means its formation through chemical reaction.

8. Trading of a chemical includes buying, selling, exporting, importing, and thus supplying it to the market for profit purposes.

9. Processing of a chemical, as defined under the Chemical Weapons Convention, means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical.

10. Consumption of a chemical, as defined under the Chemical Weapons Convention, means its conversion into another chemical via a chemical reaction.

11. Stockpiling of scheduled chemicals, as defined under the Chemical Weapons Convention, means the retention and storage and preservation of unused or partially used scheduled chemicals in dedicated storage facilities, containers, or tankers at chemical facilities.

12. The Organization for the Prohibition of Chemical Weapons (hereinafter referred to as the OPCW) is an organization established by the States Parties to the Convention to achieve the object and purpose pf, and oversee entities related to the Chemical Weapons Convention, to ensure the implementation of its provisions, including those for international verification of compliance with the Chemical Weapons Convention, and to provide a forum for consultation and cooperation among States Parties.

13. States Parties (individually, a State Party) to the Chemical Weapons Convention mean those States that have signed and ratified, or acceded to, the Chemical Weapons Convention and formally become parties to the Chemical Weapons Convention after the 30^th day following the date of deposit of their instrument of ratification or accession to the Chemical Weapons Convention with the Secretary-General of the United Nations.

14. Chemical facility, as defined under the Chemical Weapons Convention, means any site where one or more activities involving the production, processing, consumption, and stockpiling of chemicals, which have been identified for the application of verification measures under the Chemical Weapons Convention, take place. A chemical facility may be a plant site of one or more plants or a plant or a production unit.

Production unit means the combination of those items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical.

Chemical facilities are classified into Schedule 1, 2, and 3 facilities and DOC and DOC-PSF facilities, respectively:

a) Schedule 1 facility means a site where one or more activities involving the production, processing, consumption, and stockpiling of Schedule 1 chemicals take place. Schedule 1 facilities are classified into single small-scale facilities and other facilities, respectively:

Single-scale facility means any facility that produces Schedule 1 chemicals for 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 configurated 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.

Other facilities mean those facilities, outside a single small-scale facility, that produce Schedule 1 chemicals, including: those facilities that produce Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per year may for protective purposes; those facilities that produce Schedule 1 chemicals in quantities of more than 100 g per year for research, medical or pharmaceutical purposes in aggregate quantities not exceeding 10 kg per year per facility; laboratories that synthesize Schedule 1 chemicals for research, medical or pharmaceutical purposes in aggregate quantities less than 100 g per year per facility;

b) Schedule 2 facility means a site where one or more activities involving the production, processing, or consumption of Schedule 2 chemicals take place;

c) Schedule 3 facility means a site where activities involving the production of Schedule 3 chemicals take place;

d) DOC and DOC-PSF facility means a site where activities involving the production of DOCs or DOC-PSFs take place.

15. Quantities, as defined under the Chemical Weapons Convention, mean the actual mass of a particular chemical produced, processed, consumed or anticipated to be produced, processed or consumed by a chemical facility in a given year. The quantities may equal or exceed the facility's chemical production capacity.

16. Verification of export and import data means the process in which the OPCW or the National Authority of Vietnam examines, reviews, and reconciles the data on export and import of scheduled chemicals from license holders to reconfirm the accuracy of declared data or to identify any discrepancies to be corrected, thereby ensuring declaration transparency, accuracy, and integrity.

17. International verification, as defined under the Chemical Weapons Convention, means an on-site inspection conducted by the OPCW at a chemical facility subject to inspection that has been declared to the OPCW by a State Party to verify the accuracy of the information provided in the declaration and its compliance with the provisions of the Chemical Weapons Convention.

a) Initial inspection means the first on-site inspection by the OCPW of a chemical facility subject to inspection;

b) Subsequent inspection means an inspection conducted by the OPCW after the initial inspection at any Schedule 3 facility or DOC and DOC-PSF facility to verify the accuracy of the declaration submitted by the State Party to the OPCW;

c) Routine inspection means an inspection, after the initial verification, conducted routinely at any Schedule 1 or Schedule 2 facility under a facility-specific agreement (facility agreement) to verify and reconfirm the accuracy of the declaration submitted by the State Party to the OPCW;

d) Challenge inspection means the inspection of any chemical facility in the territory or in any other place under the jurisdiction of a State Party for the sole purpose of clarifying and resolving any questions concerning possible non-compliance with the provisions of the Chemical Weapons Convention at such chemical facility. Challenge inspection is conducted upon request by another State-Party, which shall be considered and decided by the OPCW Executive Council following the procedures under Article IX and Part X Challenge Inspections Pursuant to Article IX of the Chemical Weapons Convention;

dd) Facility agreement means an agreement or arrangement between a State Party and the OPCW relating to a specific facility subject to on-site verification. A facility agreement shall be generally negotiated during the initial inspection for Schedule 1 and 2 facilities.

e) In-country escort means a team of experts established by the National Authority of Vietnam, as reported to the Prime Minister, to accompany and assist the OPCW inspection team during the period they conduct the inspection in Vietnam.

18. Copy means a photocopy of the original or a typed version with content that is complete and accurate as per the original.

For documents submitted in person or by post, a copy must be either a certified copy or accompanied by the original for collation. For documents submitted via the online public service system, a copy must be a scanned version of the original or a valid electronic document issued by a competent State authority.

19. CAS (Chemical Abstracts Service) registry number is a unique identifier for a specific substance, whether it be an element, chemical compound, polymer, biological sequence, mixture, or alloy.

20. Approved equipment, as defined under the Chemical Weapons Convention, means the devices and instruments necessary for the performance of the inspection team's duties that have been certified by the OPCW.

Article 5. Scheduled chemicals

1. Schedule 1, 2, and 3 chemicals are listed in Appendix I attached to this Decree.

2. The following exceptions are added to the List of chemicals restricted from production and trading in the industrial sector in Appendix II attached to the Government’s Decree No. 82/2022/ND-CP dated October 18, 2022 amending and supplementing a number of articles of the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 detailing and guiding the implementation of a number of articles of the Law on Chemicals:

3. The following chemicals are removed from the List of chemicals restricted from production and trading in the industrial sector in Appendix I attached to the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017, which was amended and supplemented by the Government’s Decree No. 82/2022/ND-CP dated October 18, 2022 amending and supplementing a number of articles of the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 detailing and guiding the implementation of a number of articles of the Law on Chemicals:

4. The following chemicals are removed from the List of chemicals subject to declaration in Appendix V attached to the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017, which was amended and supplemented by the Government’s Decree No. 82/2022/ND-CP dated October 18, 2022 amending and supplementing a number of articles of the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 detailing and guiding the implementation of a number of articles of the Law on Chemicals:

5. Schedule 1 chemicals shall be included in the List of chemicals in which investment and trading are prohibited, as prescribed by the Law on Investment.

Article 6. National Authority of Vietnam in charge of implementation of the Chemical Weapons Convention

The Vietnam Chemicals Agency (under the Ministry of Industry and Trade) is designated as the National Authority of Vietnam for the implementation of the Chemical Weapons Convention, which shall serve as the national focal point for effective liaison of Vietnam with the OPCW and other States Parties pursuant to Article VII, paragraph 4 of the Chemical Weapons Convention.

Article 7. Non-proliferation of chemical weapons

The non-proliferation of chemical weapons shall comply with the Government’s Decree No. 81/2019/ND-CP dated November 11, 2019 on non-proliferation of weapons of mass destruction and other relevant legal documents.

Chapter II

PRODUCTION, TRADING, EXPORT, IMPORT, PROCESSING, USE, STOCKPILING OF SCHEDULED CHEMICALS; PRODUCTION OF DOCs AND DOC-PSFs

Section 1.

REQUIREMENTS FOR SAFETY IN PRODUCTION AND TRADING OF SCHEDULED CHEMICALS; PRODUCTION OF DOCs AND DOC-PSFs; IMPLEMENTATION OF REGULATIONS ON MANAGEMENT OF CHEMICALS

Article 8. Requirements for safety in production and trading of scheduled chemicals; production of DOCs and DOC-PSFs

1. Facilities producing scheduled chemicals, DOCs, and DOC-PSFs must meet the requirements for production prescribed in Article 12 of the Law on Chemicals and Article 4, Clause 1 and Clause 2, Article 5, Clause 1 and Clause 2, Article 6 of the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 detailing and guiding the implementation of a number of articles of the Law on Chemicals (hereinafter referred to as Decree No. 113/2017/ND-CP).

2. Facilities trading scheduled chemicals must meet the requirements for trading prescribed in Article 12 of the Law on Chemicals and Article 4; Clause 2, Article 5; Clause 1 and Clause 2, Article 6 of Decree No. 113/2017/ND-CP.

Article 9. Implementation of regulations on management of chemicals

1. Chemical accident prevention, preparedness and response plans and measures

Organizations and individuals involved in the production, trading, processing, consumption, and stockpiling of scheduled chemicals; production of DOCs and DOC-PSFs must comply with regulations on chemical accident prevention, preparedness and response prescribed in Articles 36, 37, 39, and 42 of the Law on Chemicals; Articles 20 and 21 of Decree No. 113/2017/ND-CP, which was amended and supplemented by the Government’s Decree No. 82/2022/ND-CP dated October 18, 2022 amending and supplementing a number of articles of the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 detailing and guiding the implementation of a number of articles of the Law on Chemicals (hereinafter referred to as Decree No. 82/2022/ND-CP).

2. Classification and labeling of chemicals, and material safety data sheets

Organizations and individuals involved in the production, trading, processing, consumption, and stockpiling of scheduled chemicals; production of DOCs and DOC-PSFs shall classify and label, and make material safety data sheets as prescribed in Articles 27, 28, and 29 of the Law on Chemicals; Article 23 and 24 of Decree No. 113/2017/ND-CP, which was amended and supplemented under Decree No. 82/2022/ND-CP, for scheduled chemicals, DOCs and DOC-PSFs before they are consumed or traded on the market.

3. Control sheets for toxic chemical purchase and sale

Organizations and individuals involved in the purchase and sale of scheduled chemicals, DOCs and DOC-PSFs shall make control sheets for toxic chemical purchase and sale as prescribed in Article 23 of the Law on Chemicals if the chemicals have the hazardous properties prescribed at Points dd thru n, Clause 4, Article 4 of the Law on Chemicals.

4. Chemical safety training

Organizations and individuals involved in the production of scheduled chemicals, DOCs and DOC-PSFs; the trading, export, import, processing, consumption, and stockpiling of scheduled chemicals shall comply with regulations on chemical safety training prescribed in Articles 31, 32, 33, and 34 of Decree No. 113/2017/ND-CP, which was amended and supplemented under Decree No. 82/2022/ND-CP.

5. Filling and packaging of scheduled chemicals

The filling and packaging of scheduled chemicals shall meet the requirements prescribed in Article 7 of Decree No. 113/2017/ND-CP.

6. Disclosure and retention of chemical information

Organizations and individuals involved in the production of scheduled chemicals, DOCs and DOC-PSFs; the trading, export, import, processing, consumption, and stockpiling of scheduled chemicals shall disclose and retain chemical information in accordance with Article 49 and Article 53 of the Law on Chemicals.

7. Transportation of scheduled chemicals, DOCs, and DOC-PSFs

Organizations and individuals involved in the transportation of scheduled chemicals, DOCs and DOC-PSFs shall comply with regulations on transportation of hazardous commodities prescribed in the law regulations on road, inland waterway, railway, civil aviation, maritime, and international treaties to which Vietnam is a signatory, and other law regulations.

Section 2.

PRODUCTION AND TRADING OF SCHEDULED CHEMICALS; PRODUCTION OF DOCs AND DOC-PSFs

Article 10. Conditions for being granted a license for the production or trading of scheduled chemicals

1. Conditions for production

a) The enterprise is lawfully established in accordance with the law regulations;

b) Its material and technical infrastructure must meet the requirements for production prescribed in Clause 1, Article 8 of this Decree;

c) Its director or deputy director in charge of technical matters or technician in charge of the production of scheduled chemicals must hold a bachelor's degree or higher in chemicals;

d) The persons mentioned in Article 32 of Decree 113/2017/ND-CP shall be trained in chemical safety.

2. Conditions for trading

a) The enterprise is lawfully established in accordance with the law regulations;

b) Its material and technical infrastructure must meet the requirements for trading prescribed in Clause 2, Article 8 of this Decree;

c) It has a storage facility or has signed a contract on lease of the storage facility or use a storage facility of the chemicals buyer or purchaser, which meets the requirements for safe storage of chemicals and fire safety;

d) The person in charge of chemical safety of the facility producing scheduled chemicals must hold an intermediate degree or higher in chemicals;

dd) The persons mentioned in Article 32 of Decree 113/2017/ND-CP shall be trained in chemical safety.

3. Facilities producing Schedule 1 chemicals must meet, in addition to conditions prescribed in Clause 1 of this Article, the following conditions:

a) Schedule 1 chemicals shall only be produced for one or several special purposes prescribed in Clause 2, Article 6 of the Law on Investment, including analysis, testing, scientific research, medical, pharmaceutical, investigative, and protective purposes;

b) Regarding production capacity of single small-scale facilities, 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. Production in aggregate quantities not exceeding 10 kg per year may be carried out for protective purposes at other facilities. Production in quantities of more than 100 g per year may be carried out for research, medical or pharmaceutical purposes in aggregate quantities not exceeding 10 kg per year per facility. Synthesis may be carried out at laboratories in aggregate quantities less than 100 g per year per facility.

4. In addition to meeting the conditions prescribed in Clauses 1 and 2 of this Article, Schedule 2 and Schedule 3 facilities must meet the following conditions: Only produce and trade Schedule 2 and Schedule 3 chemicals for purposes not prohibited under Article 3 of this Decree.

Article 11. Dossiers, process, and procedures for granting, re-granting, and adjusting licenses for the production of Schedule 1 chemicals

1. The Ministry of Industry and Trade is the competent authority to receive dossiers, to appraise and evaluate physical conditions, and to escalate the grant, re-grant, and adjustment of any License for the production of Schedule 1 chemicals to the Prime Minister.

2. A dossier of application for a License for the production of Schedule 1 chemicals shall comprise:

a) A written request for the license for the production of Schedule 1 chemicals, made using Form No. 01 provided in Appendix II attached to this Decree;

b) A presentation of conditions for production, made using Form No. 05 provided in the Appendix II attached to this Decree. It must clearly state that, regarding the production capacity of a single small-scale facility, 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. Production in aggregate quantities not exceeding 10 kg per year may be carried out for protective purposes at other facilities. Production in quantities of more than 100 g per year may be carried out for research, medical or pharmaceutical purposes in aggregate quantities not exceeding 10 kg per year per facility. Synthesis may be carried out at laboratories in aggregate quantities less than 100 g per year per facility. Copies of documents proving the right to use the land plot for building the factory or storage facility or the contract on lease of the factory or storage facility;

c) A copy of the bachelor's degree or higher in chemicals of its director or deputy director in charge of technical matters or technician in charge of the production of scheduled chemicals;

d) A copy of the Decision on recognition of tested chemical safety training results as prescribed in Article 34 of Decree No. 113/2017/ND-CP, which was amended and supplemented under Decree No. 82/2022/ND-CP;

dd) A copy of the Decision on approval or a written certification of documents related to environmental protection as prescribed by law, which was issued by a competent State regulatory authority;

e) A copy of the written acceptance of fire safety testing results issued by the fire police agency for each production facility whose fire safety design must be appraised and approved.

A copy of the written record of fire safety inspection or a written confirmation of fire safety conditions issued by a competent authority for each production facility whose fire safety design may not compulsorily be appraised and approved;

g) A written commitment to production of Schedule 1 chemicals only for one or several special purposes prescribed in Clause 2, Article 6 of the Law on Investment, including analysis, testing, scientific research, medical, pharmaceutical, investigative, and protective purposes.

3. The process and procedures for appraising and granting licenses for the production of Schedule 1 chemicals.

a) The organization or individual applying for the license (the applicant) shall prepare 01 dossier as prescribed in Clause 2 of this Article and sent it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) In cases where the dossier is incomplete and invalid, within 03 working days from the date of receiving the dossier, the Ministry of Industry and Trade shall notify the applicant to supplement and complete such dossier. The period of time during which the dossier is being adjusted shall not be included in the licensing timeframe as prescribed at Point c of this Clause;

c) Within 16 days from the date of receiving a complete and valid dossier as prescribed in Clause 2 of this Article, the Ministry of Industry and Trade shall review and appraise it, and inspect the physical conditions. In cases where the conditions for production are met, within 03 working days, the Ministry of Industry and Trade shall escalate the case to the Prime Minister for grant of a license for the production of Schedule 1 chemicals using Form No. 03 provided in Appendix II to this Decree. In cases where the conditions for production are not met, within 03 working days, the Ministry of Industry and Trade shall provide a written response clearly stating the refusal to grant a license and the reason therefor;

d) In cases of necessity, the Ministry of Industry and Trade shall seek written comments from the ministry overseeing the relevant industry before submitting the case to the Prime Minister for licensing approval. The consultation must be completed within no more than 05 working days, excluding the time during which documents are in transit. The consultation period shall not be included in the licensing timeframe as prescribed in this Article. After the above deadline, if the ministry overseeing the relevant industry provides no written comment, it shall be deemed to have agreed to the licensing request of the applicant.

4. Dossiers and procedures for re-grant of licenses

a) In cases where the license is lost, damaged, or the information contained therein is incorrect or has changed with respect to the applicant's information, the applicant shall prepare 01 dossier of application for re-grant of the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) A dossier of application for re-grant of a license shall comprise a written request for re-grant made using Form No. 01 provided in Appendix II attached to this Decree; the original license currently held, if any information contained therein is incorrect or has changed with respect the applicant’s registered establishment; or any identifiable remaining portion of such original license, if the license was damaged (if applicable);

c) Within 05 working days from the date of receiving a complete and valid dossier, the Ministry of Industry and Trade shall check and submit it the Prime Minister for re-grant of the license to the applicant. In case of refusal to re-grant a license by the Prime Minister, the Ministry of Industry and Trade shall provide a written response clearly stating the reasons for such refusal.

5. Dossiers and procedures for adjustment of licenses

a) In cases where changes are made to the plant site; type and scale of production, categories of chemicals to be produced, the applicant shall prepare 01 dossier for the adjustment to the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) A dossier of application for amendment to the license shall comprise a written request for adjustment made using Form No. 01 provided in Appendix II attached to this Decree; the original license currently held; documents proving that the conditions for production are met with respect to the adjustment(s);

c) The procedures for adjusting a license shall be the same as for granting a new license.

Article 12. Dossiers, process, and procedures for granting, re-granting, adjusting, or exempting licenses for the production or trading of Schedule 2 or 3 chemicals

1. The Ministry of Industry and Trade is the competent authority to receive dossiers, to appraise and evaluate physical conditions, to grant or re-grant or adjust any license for the production or trading of Schedule 2 or 3 chemicals.

2. A dossier of application for a license for the production of Schedule 2 or 3 chemicals shall comprise:

a) A written request for the license for the production of Schedule 1 chemicals, made using Form No. 01 provided in Appendix II attached to this Decree;

b) A presentation of conditions for production, made using Form No. 05 provided in the Appendix II attached to this Decree. Copies of documents proving the right to use the land plot for building the factory or storage facility or the contract on lease of the factory or storage facility;

c) A copy of the bachelor's degree or higher in chemicals of the director or deputy director in charge of technical matters or technician in charge of the production of scheduled chemicals of the facility that produce scheduled chemicals;

d) A copy of the Decision on recognition of tested chemical safety training results as prescribed in Article 34 of Decree No. 113/2017/ND-CP, which was amended and supplemented under Decree No. 82/2022/ND-CP;

dd) A copy of the Decision on approval or a written certification of documents related to environmental protection as prescribed by law, which was issued by a competent State regulatory authority;

e) A copy of the written acceptance of fire safety testing results issued by the fire police agency for each production facility whose fire safety design must be appraised and approved.

A copy of the written record of fire safety inspection or a written confirmation of fire safety conditions issued by a competent authority for each production facility whose fire safety design may not compulsorily be appraised and approved;

g) A written commitment to production of Schedule 2 and Schedule 3 chemicals only for the purposes not prohibited under Article 3 of this Decree.

3. A dossier of application for a license for the trading of Schedule 2 or 3 chemicals shall comprise:

a) A written request for a license for trading of scheduled chemicals, made using Form No. 01 provided in Appendix II attached to this Decree;

b) A statement of sales locations;

c) A copy of the Decision on approval or a written certification of documents related to environmental protection as prescribed by law, which was issued by a competent State regulatory authority;

d) A copy of the written acceptance of fire safety testing results issued by the fire police agency for each chemical storage facility whose fire safety design must be appraised and approved.

A copy of the written record of fire safety inspection or a written confirmation of fire safety conditions issued by a competent authority for each chemical storage facility whose fire safety design may not compulsorily be appraised and approved;

dd) A presentation of conditions for trading, made using Form No. 05 provided in the Appendix II attached to this Decree; copies of documents proving the right to use the land plot for building the storage facility or the contract on lease of the storage facility or the chemical sales contract or agreement in case of employing a storage facility of the chemical buyer or seller;

e) A statement of technical equipment, personal protective and safety equipment in each chemical sales location;

g) A copy of the intermediate degree or higher in chemicals of the person in charge of chemical safety;

h) A copy of the Decision on recognition of tested chemical safety training results as prescribed in Article 34 of Decree No. 113/2017/ND-CP, which was amended and supplemented under Decree No. 82/2022/ND-CP;

i) A written commitment to trading of Schedule 2 and Schedule 3 chemicals only for the purposes not prohibited under Article 3 of this Decree.

4. A dossier of application for a license for the production or trading of Schedule 2 or 3 chemicals shall comprise:

a) A written request for a license for production and trading of scheduled chemicals, made using Form No. 01 provided in Appendix II attached to this Decree;

b) A statement of chemical production facilities and sales locations;

c) A copy of the Decision on approval or a written certification of documents related to environmental protection as prescribed by law, which was issued by a competent State regulatory authority for each production facility or chemical storage facility;

d) A copy of the written acceptance of fire safety testing results issued by the fire police agency for each production facility or chemical storage facility whose fire safety design must be appraised and approved.

A copy of the written record of fire safety inspection or a written confirmation of fire safety conditions issued by a competent authority for each production facility or chemical storage facility whose fire safety design may not be appraised and approved;

dd) A presentation of conditions for production and trading, made using Form No. 05 provided in the Appendix II attached to this Decree.

Copies of documents proving the right to use the land plot for building the production or storage facility or the contract on lease of the factory or storage facility, or the chemical sales contract or agreement in case of employing a storage facility of the chemical buyer or seller;

e) A statement of technical equipment, personal protective and safety equipment in each chemical production and trading facility;

g) A copy of the bachelor's degree or higher in chemicals of the director or deputy director in charge of technical matters or technician in charge of the production of scheduled chemicals of the facility that produce scheduled chemicals; a copy of the intermediate degree or higher in chemicals of the person in charge of chemical safety;

h) A copy of the Decision on recognition of tested chemical safety training results of the applicant as prescribed in Article 34 of Decree No. 113/2017/ND-CP, which was amended and supplemented under Decree No. 82/2022/ND-CP;

i) A written commitment to production and trading of Schedule 2 and Schedule 3 chemicals only for the purposes not prohibited under Article 3 of this Decree.

5. Process and procedures for appraising and granting licenses for the production or trading of Schedule 2 or 3 chemicals

a) The applicant shall prepare 01 dossier as prescribed in Clause 2, Clause 3, and Clause 4 of this Article and sent it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) In cases where the dossier is incomplete and invalid, within 03 days from the date of receiving the dossier, the Ministry of Industry and Trade shall notify the applicant to supplement and complete such dossier. The period of time during which the dossier is being adjusted shall not be included in the licensing timeframe as prescribed at Point c of this Clause;

c) Within 16 working days from the date of receiving a complete and valid dossier as prescribed in Clause 2, Clause 3, and Clause 4 of this Article, the Ministry of Industry and Trade shall review and appraise it, inspect the physical conditions, and grant a license to the applicant using the form provided in Appendix II attached to this Decree. In case of refusal to grant a license, the Ministry of Industry and Trade shall provide a written response clearly stating the reasons for such refusal;

d) Regarding production and trading of Schedule 2 chemicals and Schedule 3 chemicals for industry-specific purposes (medical, pharmaceutical, agricultural, and protective purposes), in case of necessity, the Ministry of Industry and Trade shall seek written comments from the ministry overseeing the relevant industry before granting a license. The consultation must be completed within no more than 05 working days, excluding the time during which documents are in transit. The consultation period shall not be included in the licensing timeframe as prescribed in this Article. After the above deadline, if the ministry overseeing the relevant industry provides no written comment, it shall be deemed to have agreed to the licensing request of the applicant;

dd) The Ministry of Industry and Trade shall, after it grants a license, send 01 copy thereof to the provincial-level Department of Industry and Trade of the locality where the applicant’s head office is located for joint monitoring and management.

6. Licenses for the trading shall be exempted for the trading of Schedule 2 and Schedule 3 chemicals with contents of less than 1%.

7. Dossiers, process, and procedures for re-granting licenses for the production or trading of Schedule 2 or 3 chemicals

a) In cases where the license for the production or trading of Schedule 2 or 3 chemicals is lost, damaged, or the information contained therein is incorrect or has changed with respect to the applicant's registered establishment, the applicant shall prepare 01 dossier of application for re-grant of the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) A dossier of application for re-grant of a license shall comprise a written request for re-grant, the original license currently held, if any information about the applicant contained therein is incorrect or has changed; or any identifiable remaining portion of such original license, if the license was damaged (if applicable);

c) Within 05 working days from the date of receiving a complete and valid dossier, the Ministry of Industry and Trade shall check it and re-grant the license to the applicant and send 01 copy to the provincial-level Department of Industry and Trade of the locality where the applicant’s production or trading facility is located. In case of refusal to re-grant a license, the Ministry of Industry and Trade shall provide a written response clearly stating the reasons for such refusal.

8. Dossiers, process, and procedures for adjusting licenses for the production or trading of Schedule 2 or 3 chemicals

a) In cases where changes are made to the location of the facility that produces or trades chemicals; type and scale of production, and categories of chemicals, the applicant shall prepare 01 dossier for the adjustment to the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) A dossier of application for amendment to the license shall comprise a written request for adjustment; the original license currently held; documents proving that the conditions for production or trading are met with respect to the adjustment(s);

c) The process and procedures for adjusting a license shall be the same as for granting a new license.

Article 13. Evaluation of the physical conditions of the facility producing or trading in scheduled chemicals for the purpose of licensing

1. Evaluation of the physical conditions of the facility producing or trading in scheduled chemicals includes visual inspection of the plant site for chemical safety compliance, review and examination of documentation and records, and other relevant activities.

2. Evaluation of the physical conditions for production or trading of scheduled chemicals, made using Form No. 06 provided in Appendix II attached to this Decree. During the evaluation of the physical conditions for production or trading of scheduled chemicals, the inspection team shall make a written evaluation report using Form No. 07 provided in Appendix II attached to this Decree.

3. The Ministry of Industry and Trade shall establish an evaluation team to evaluate the physical conditions of facilities producing or trading in scheduled chemicals.  The evaluation team shall consist of at least 03 members, including 02 representatives from the Ministry of Industry and Trade (with one serving as the team leader) and 01 representative from the provincial-level Department of Industry and Trade of the locality where the applicant’s head office or chemical storage facility is located.

Article 14. Revocation of licenses for the production or trading of scheduled chemicals

1. The authority competent to grant the license for the production or trading of scheduled chemicals shall be the one competent to revoke such license.

2. A license shall be revoked in accordance with Article 18 of the Law on Chemicals and its guiding documents.

Article 15. Responsibilities of holders of the licenses for the production or trading of scheduled chemicals

1. Organizations and individuals shall produce and trade scheduled chemicals only after they are granted licenses for the production and trading of scheduled chemicals by competent authorities and meet the requirements for fire safety and environmental protection as prescribed by the law regulations.

2. They shall maintain conditions for production and trading of scheduled chemicals throughout the production and trading process and compliance with the regulations on management of chemicals as prescribed in Articles 8, 9, and 10 of this Decree after they are granted the licenses.

3. They shall keep separate books for monitoring the trading of scheduled chemicals. Such a book shall contain the names of scheduled chemicals, the contents and quantities imported, exported, purchased, sold, and in stock; names of customers, including their head office addresses, business addresses, phone numbers, and purposes for which the scheduled chemicals are purchased or sold.

4. They shall comply with regulations on declarations prescribed in Articles 23, 24, and 25 of this Decree; regulations on verification, inspection, and examination prescribed in Chapter IV of this Decree.

5. They shall keep the licenses for the production and trading of scheduled chemicals at their production and trading facilities to enable organizations and individuals to conduct safety assessments at chemical facilities and produce them to competent authorities upon request.

6. They shall take the accountability to the law for scheduled chemicals that are lost or misplaced on transit or at the facilities.

Article 16. Requirements for facilities producing DOCs and DOC-PSFs

1. They shall meet the requirements for production and comply with the regulations on management of chemicals as prescribed in Articles 8 and 9 of this Decree.

2. Declarations shall be submitted in accordance with Article 26 of this Decree.

3. Facilities producing DOCs in quantities of more than 200 tonne per year, or DOC-PSFs in quantities of more than 30 tonne per year shall comply with the regulations on verification, inspection, and examination prescribed in Chapter IV of this Decree.

Section 3.

IMPORT AND EXPORT OF SCHEDULED CHEMICALS

Article 17. General requirements for import and export of scheduled chemicals

1. Organizations and individuals shall only import/export Schedule 1 and 2 chemicals from/to States-Parties to the Chemical Weapons Convention. In cases where the export of Schedule 3 chemicals to any organization or individual from any State not Party to the Chemical Weapons Convention, an end-use certificate issued by the competent authority of such State shall be required.

2. Organizations and individuals involved in the import or export of scheduled chemicals must be granted the licenses by the competent authorities. A license for the import or export of scheduled chemicals is required for customs clearance upon import or export of scheduled chemicals.

3. Organizations and individuals involved in the import of scheduled chemicals must only use such scheduled chemicals for trading purposes after they are granted the licenses for the trading of scheduled chemicals by competent authorities.

4. Organizations and individuals involved in the import or export of scheduled chemicals must comply with the regulations on declarations prescribed in Articles 23, 24, and 25 of this Decree; the regulations on national inspection and examination prescribed in Articles 34 and 35 of this Decree.

5. Organizations and individuals involved in the import of scheduled chemicals for use in the production process must meet the requirements as prescribed in Articles 21 and 22 of this Decree.

6. Organizations and individuals that have been granted the licenses for the import of scheduled chemicals may not comply with required declaration of chemicals in the list of chemicals subject to declaration as prescribed by the Law on Chemicals and Decree No. 113/2014/ND-CP, which was amended and supplement under Decree No. 82/2022/ND-CP.

Article 18. Dossiers, process, and procedures for granting, re-granting, adjusting, and renewing licenses for the import or export of Schedule 1 chemicals

1. The Ministry of Industry and Trade is the authority to receive the dossiers of application for grant, re-grant, adjustment, and renewal of licenses for the import or export of Schedule 1 chemicals, and submit them to the Prime Minister.

2. A dossier of application for a license for the import or export of Schedule 1 chemicals shall comprise:

a) A written request for the license for the export or import of scheduled chemicals, made using Form No. 02 provided in Appendix II attached to this Decree;

b) A copy of the business registration certificate or the cooperative registration certificate or the business household registration certificate;

c) A copy of one of the following documents: contract, sales agreement, invoice, or bill of lading, clearly specifying the names and amount of the scheduled chemicals, the expected timeframe for export or import, and the country/countries to which the chemicals are intended to be exported or from which they are intended to be imported;

d) The material safety data sheet (in Vietnamese).

3. Process and procedures for granting licenses for the import or export of Schedule 1 chemicals

a) The applicant shall prepare 01 dossier as prescribed in Clause 2 of this Article and sent it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) In cases where the dossier is incomplete and invalid, within 03 working days from the date of receiving the dossier, the Ministry of Industry and Trade shall notify the applicant to supplement and complete such dossier. The period of time during which the dossier is being adjusted shall not be included in the licensing timeframe as prescribed at Point c of this Clause;

c) Within 07 working days from the date of receiving a complete and valid dossier, the Ministry of Industry and Trade shall check and submit it the Prime Minister for grant of a license for the import or export of Schedule 1 chemicals. In case of refusal to grant a license by the Prime Minister, the Ministry of Industry and Trade shall provide a written response clearly stating the reasons for such refusal;

d) A license for the import or export of Schedule 1 chemicals shall be made using Form No. 04 provided in Appendix II attached to this Decree and shall be valid for 06 months from the date it is granted;

dd) In cases of necessity, the Ministry of Industry and Trade shall seek written comments from the ministry overseeing the relevant industry before submitting the case to the Prime Minister for licensing approval. The consultation must be completed within no more than 05 working days, excluding the time during which documents are in transit. The consultation period shall not be included in the licensing timeframe as prescribed in this Article. After the above deadline, if the ministry overseeing the relevant industry provides no written comment, it shall be deemed to have agreed to the licensing request of the applicant.

4. The dossier, process and procedures for re-granting a license

a) In cases where the license is lost, damaged, or the information contained therein is incorrect or has changed with respect to the applicant's registered establishment, the applicant shall prepare 01 dossier of application for re-grant of the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) A dossier of application for re-grant of a license shall comprise a written request for re-grant, the original license currently held, if any information about the applicant contained therein is incorrect or has changed; or any identifiable remaining portion of such original license, if the license was damaged (if applicable);

c) Within 05 working days from the date of receiving a complete and valid dossier, the Ministry of Industry and Trade shall check and submit it the Prime Minister for re-grant of the license to the applicant. In case of refusal to re-grant a license by the Prime Minister, the Ministry of Industry and Trade shall provide a written response clearly stating the reasons for such refusal;

d) The validity period of the license re-granted is the remaining validity period of the former license.

5. The dossier, process and procedures for adjusting a license

a) In cases where changes are made to the contract, sales agreement, purchase order, memorandum or invoice, the applicant shall prepare 01 dossier for the adjustment to the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) A dossier of application for adjustment to the license shall comprise: A written request for adjustment to the license; documents confirming the adjustments;

c) The procedures for adjusting a license shall be the same as for granting a new license.

6. Dossiers and procedures for license renewal

a) The export or import license shall be renewed upon the expiration of the validity period stated therein, as prescribed in Clause 3 of this Article, provided that the export or import has neither commenced nor been completed. The license shall only be renewed once (01 renewal);

b) At least 10 working days before the validity period of the license expires, the applicant wishing to renew the license must prepare 01 dossier of application for renewal of the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

c) A dossier of application for renewal of the license shall comprise: A written request for renewal of the license; a copy of the license currently held;

d) Within 05 working days from the date of receiving a complete and valid dossier, the Ministry of Industry and Trade shall check and submit it the Prime Minister for renewal of the license to the applicant. In case of refusal to renew a license by the Prime Minister, the Ministry of Industry and Trade shall provide a written response clearly stating the reasons for such refusal;

dd) A license may be renewed for a period not exceeding 06 months from the date of renewal.

Article 19. Dossiers, process, and procedures for granting, re-granting, adjusting, renewing and exempting licenses for the import or export of Schedule 2 or 3 chemicals

1. The Ministry of Industry and Trade is the authority to receive the dossiers of application for grant, re-grant, adjustment, and renewal of licenses for the import or export of Schedule 2 or 3 chemicals.

2. A dossier of application for a license for the import or export of Schedule 2 or 3 chemicals shall comprise:

a) A written request for the license for the export or import of scheduled chemicals, made using Form No. 02 provided in Appendix II attached to this Decree;

b) A copy of the business registration certificate or the cooperative registration certificate or the business household registration certificate;

c) A copy of one of the following documents: contract, sales agreement, invoice, or bill of lading, clearly specifying the names and amount of the scheduled chemicals, the expected timeframe for export or import, and the country/countries to which the chemicals are intended to be exported or from which they are intended to be imported;

d) The material safety data sheet (in Vietnamese);

dd) A copy of the end-use certificate issued by the competent authority of the recipient State not Party to the Chemical Weapons Convention (in cases where Schedule 3 chemicals are exported to a State not Party to the Chemical Weapons Convention).

3. The process and procedures for granting licenses for the import or export of Schedule 2 or 3 chemicals

a) The applicant shall prepare 01 dossier as prescribed in Clause 2 of this Article and sent it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) In cases where the dossier is incomplete and invalid, within 03 working days from the date of receiving the dossier, the Ministry of Industry and Trade shall notify the applicant to supplement and complete such dossier. The period of time during which the dossier is being adjusted shall not be included in the licensing timeframe as prescribed at Point c of this Clause;

c) Within 07 working days from the date of receiving a complete and valid dossier, the Ministry of Industry and Trade shall check it and grant a license for the import or export of Schedule 2 or 3 chemicals. In case of refusal to grant a license, the Ministry of Industry and Trade shall provide a written response clearly stating the reasons for such refusal;

d) A license for the import or export of Schedule 2 or 3 chemicals shall be made using Form No. 04 provided in Appendix II attached to this Decree and shall be valid for 06 months from the date it is granted;

dd) Regarding import or export of Schedule 1, 2, or 3 chemicals for industry-specific purposes (medical, pharmaceutical, agricultural, and protective purposes), in case of necessity, the Ministry of Industry and Trade shall seek written comments from the ministry overseeing the relevant industry before granting a license. The consultation must be completed within no more than 05 working days, excluding the time during which documents are in transit. The consultation period shall not be included in the licensing timeframe as prescribed in this Article. After the above deadline, if the ministry overseeing the relevant industry provides no written comment, it shall be deemed to have agreed to the licensing request of the applicant.

4. Licenses for the import or export shall be exempted for the trading of Schedule 2 and Schedule 3 chemicals with contents of less than 1%.

5. The dossier, process and procedures for re-granting a license

a) In cases where the license is lost, damaged, or the information contained therein is incorrect or has changed with respect to the applicant's registered establishment, the applicant shall prepare 01 dossier of application for re-grant of the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) A dossier of application for re-grant of a license shall comprise a written request for re-grant, the original license currently held, if any information about the applicant contained therein is incorrect or has changed; or any identifiable remaining portion of such original license, if the license was damaged;

c) Within 05 working days from the date of receiving a complete and valid dossier, the Ministry of Industry and Trade shall check it and re-grant the license to the applicant. In case of refusal to re-grant a license, the Ministry of Industry and Trade shall provide a written response clearly stating the reasons for such refusal;

d) The validity period of the license re-granted is the remaining validity period of the former license.

6. The dossier, process and procedures for adjusting a license

a) In cases where changes are made to the contract, sales agreement, purchase order, memorandum or invoice, the applicant shall prepare 01 dossier for the adjustment to the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

b) A dossier of application for adjustment to the license shall comprise: A written request for adjustment to the license; documents confirming the adjustments;

c) The time limit for adjusting a license shall be the same as for granting a new license.

7. Dossiers and procedures for license renewal

a) The export or import license shall be renewed upon the expiration of the validity period stated therein, as prescribed in Clause 3 of this Article, provided that the export or import has neither commenced nor been completed. The license shall only be renewed once (01 renewal);

b) At least 05 working days before the validity period of the license expires, the applicant wishing to renew the license must prepare 01 dossier of application for renewal of the license and submit it to the Ministry of Industry and Trade by post, in person, or via the online public service system;

c) A dossier of application for renewal of the license shall comprise: A written request for renewal of the license; a copy of the license currently held;

d) Within 05 working days from the date of receiving a complete and valid dossier, the Ministry of Industry and Trade shall check it and renew the license to the applicant. In case of refusal to renew the license, the Ministry of Industry and Trade shall provide a written response clearly stating the reasons for such refusal;

dd) A license may be renewed for a period not exceeding 06 months from the date of renewal.

8. Dossiers shall be received and licenses for the import or export of Schedule 2 or 3 chemicals shall be granted, re-granted, or adjusted via the Vietnam National Single Window.

9. When organizations and individuals proceed with procedures for importing or exporting Schedule 2 or 3 chemicals, they may not produce the licenses for the trading of Schedule 2 or 3 chemicals to the customs offices.

Article 20. Revocation of licenses for the import or export of scheduled chemicals

1. The authority competent to grant the license for the import or export of scheduled chemicals shall be the one competent to revoke such license.

2. A license shall be revoked in accordance with Article 18 of the Law on Chemicals and its guiding documents.

Section 4.

PROCESSING, CONSUMPTION, AND STOCKPILING OF SCHEDULED CHEMICALS

Article 21. Requirements for processing, consumption, and stockpiling of scheduled chemicals

1. Organizations and individuals involved in the processing, and consumption, and stockpiling of scheduled chemicals for the purpose of producing other products and commodities must comply with Chapter V of the Law on Chemicals and Article 8 of this Decree.

2. Organizations and individuals involved in the processing, consumption, and stockpiling of Schedule 1 chemicals shall comply with the regulations on declarations prescribed in Article 23 of this Decree. Organizations and individuals involved in the processing and consumption of Schedule 2 chemicals shall comply with the regulations on declarations prescribed in Article 24 of this Decree.

3. Organizations and individuals involved in the processing, and consumption, and stockpiling of scheduled chemicals shall comply with the regulations on verification prescribed in Chapter IV of this Decree.

Article 22. Documentation for monitoring the processing and consumption of scheduled chemicals

1. Facilities processing and consuming scheduled chemicals must keep documentation for monitoring the processing and consumption of scheduled chemicals, including:

a) Books for monitoring the processing and consumption of scheduled chemicals;

b) Material safety data sheets as prescribed in Article 24 of Decree No. 113/2017/ND-CP, which was amended and supplemented under Decree No. 82/2022/ND-CP.

2. Information to be recorded in the book for monitoring of the processing and consumption of scheduled chemicals shall include the scientific names, trade names, and chemical formulas of chemicals; amount of chemicals processed or consumed, information related to chemical accidents and chemical safety (if any); new hazardous properties or effects of chemicals (if any).

3. Books for monitoring of the processing and consumption of scheduled chemicals and material safety data sheets shall be kept at the facilities processing or consuming scheduled chemicals for 03 years from the date on which the processing or consumption of the chemicals ends.

Chapter III

DECLARATION OF SCHEDULED CHEMICALS, DOCs, AND DOC-PSFs

Article 23. Declaration of Schedule 1 chemicals

1. Organizations and individuals involved in the production, export, import, processing, consumption, and stockpiling of Schedule 1 chemicals must submit declarations made using Form No. 08 provided in Appendix II attached to this Decree to the Vietnam Chemicals Agency.

2. Specific declaration deadlines as follows:

a) At least 210 days before the facility begins operation (made using Form No. 08a provided in Appendix II) or before any addition, adjustment, or change to existing operations becomes effective (made using Form No. 08b provided in Appendix II);

b) At least 45 days before the export or import (made using Form No. 08c provided in Appendix II);

c) Before February 15 of each year, declarations on activities in the previous year and anticipated activities in the following year (made using Form No. 08d provided in Appendix II). Annual declarations shall be submitted via the National Chemical Database.

Article 24. Declaration of Schedule 2 chemicals

1. Organizations and individuals involved in the production, trading, export, import, processing, and consumption of scheduled chemicals in quantities of 01 kg per year per Schedule 2A* chemical; 100 kg per year per Schedule 2A chemical; 01 tonne per year per Schedule 2B chemical or contents of 1% or higher for Schedule 2A* and 2A chemicals; contents of 30% or higher for Schedule 2B chemicals shall submit declarations made using Form No. 09 provided in Appendix II attached to this Decree to the Vietnam Chemicals Agency.

2. Specific declaration deadlines as follows:

a) At least 60 days before the facility begins operation (made using Form No. 09a provided in Appendix II);

b) At least 30 days before any addition, adjustment, or change to existing operations becomes effective (made using Form No. 09b provided in Appendix II);

c) Before February 15 of each year, declarations on activities in the previous year and anticipated activities in the following year (made using Form No. 09c provided in Appendix II). Annual declarations shall be submitted via the National Chemical Database.

Article 25. Declaration of Schedule 3 chemicals

1. Organizations and individuals involved in the production, trading, export, and import of Schedule 3 chemicals in contents of 30% or higher must submit declarations made using Form No. 10 provided in Appendix II attached to this Decree to the Vietnam Chemicals Agency.

2. Specific declaration deadlines as follows:

a) At least 60 days before the facility begins operation (made using Form No. 10a provided in Appendix II);

b) At least 30 days before any addition, adjustment, or change to existing operations becomes effective (made using Form No. 10b provided in Appendix II);

c) Before February 15 of each year, declarations on activities in the previous year and anticipated activities in the following year (made using Form No. 10c provided in Appendix II). Annual declarations shall be submitted via the National Chemical Database.

Article 26. Declaration of DOCs and DOC-PSFs

1. Organizations and individuals involved in the production of DOCs in quantities of 200 tonne per year or higher and the production of DOC-PSFs in quantities of 30 tonne per year or higher must submit declarations made using Form No. 11 provided in Appendix II attached to this Decree to the Vietnam Chemicals Agency.

2. Specific declaration deadlines as follows:

a) At least 60 days before the facility begins operation (made using Form No. 11a provided in Appendix II);

b) At least 30 days before any addition, adjustment, or change to existing operations becomes effective (made using Form No. 11b provided in Appendix II);

c) Before February 15 of each year, declarations on activities in the previous year and anticipated activities in the following year (made using Form No. 11c provided in Appendix II). Annual declarations shall be submitted via the National Chemical Database.

Chapter IV

REGULATIONS ON VERIFICATION, INSPECTION AND EXAMINATION

Section 1.

INTERNATIONAL VERIFICATION

Article 27. Entities subject to inspection

1. Schedule 1 facilities shall be subject to initial inspection and routine inspections conducted by the OPCW.

2. Schedule 2 facilities shall be subject to initial inspection and routine inspections conducted by the OPCW if their quantities equal or exceed:

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

b) 01 tonne per year per Schedule 2A chemical;

c) 10 tonne per year per Schedule 2B chemical.

3. Schedule 3 facilities shall be subject to initial inspection and subsequent inspections conducted by the OPCW if their quantities equal to or exceed 200 tonne per year.

4. DOC facilities that have quantities exceeding 200 tonne per year and DOC-PSF production facilities that have quantities that have quantities exceeding 30 tonne per year shall be subject to initial inspection and subsequent inspections conducted by the OPCW.

5. The OPCW may conduct challenge inspections at any Schedule 1, Schedule 2, Schedule 3, or DOC and DOC-PSF facility if concerns regarding possible non-compliance with the Chemical Weapons Convention are raised.

Article 28. Inspected facilities shall

1. Comply with all regulations on verification of the OPCW; follow the instructions of the in-country escort during the on-site inspection; coordinate and facilitate the OPCW inspection team to perform their duties prescribed in the inspection mandates.

2. Prepare the room, lockable cabinet, telephone line with international access, facsimile machine, and document shredder for the international inspection team.

3. Assign personnel who have the competence or are knowledgeable about the activities of the Schedule facilities, and may be in charge of managerial, technical, technology, business, finance, environment, or occupational safety, to assist the international inspection team.

4. Prepare all documentation, records, diagrams, drawings, and books necessary for the international inspection team.

5. Facilitate the international inspection team in sampling upon request.

6. Apply, using the form of the OPCW, for the costs incurred to be reimbursed by the Secretariat of the OPCW.

Article 29. Requirements for inspection

1. For Schedule 1 facilities

a) The activities at the facility shall be inspected in conform to the requirements specified in Part I - Verification Annex of the Chemical Weapons Convention;

b) The implementation of regulations on declaration of Schedule 1 chemicals shall be checked;

c) The potential risks of chemical-related activities at the facility shall be evaluated.

2. For Schedule 2 chemicals

a) The activities at the facility shall be inspected in conform to the requirements specified in Part VI - Verification Annex of the Chemical Weapons Convention;

b) The implementation of regulations on declaration of Schedule 2 chemicals shall be checked;

c) The potential risks of chemical-related activities at the facility shall be evaluated.

3. For Schedule 3 chemicals, DOCs, and DOC-PSFs

a) The activities at the facility shall be inspected in conform to the requirements specified in Part VII - Verification Annex of the Chemical Weapons Convention;

b) The scheduled chemicals produced at the facility shall be inspected in conform to the requirements specified in Part X - Verification Annex of the Chemical Weapons Convention.

Article 30. Responsibilities of the National Authority of Vietnam and the in-country escort in receiving and assisting the OPCW inspection team

1. The National Authority of Vietnam shall escalate the establishment of the in-country escort to the Prime Minister for approval. The escort shall welcome and assist the OPCW inspection team. An in-country escort shall consist of representatives from the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, the Ministry of Industry and Trade, and the People's Committee of the province or municipality where the inspection team arrives for inspection.

2. The in-country escort shall, on behalf of the National Authority of Vietnam:

a) Check the identity of the equipment brought in the territory of Vietnam by the international inspection team pursuant to Part II (C), paragraph 29, of the Verification Annex.

b) Facilitate the international inspection team to fulfill its tasks in accordance with the inspection decision of the OPCW;

c) Coordinate with the facility to be inspected and relevant functional and specialized units in implementing measures to protect the facility, information, and data irrelevant to the objectives and outside the scope of the inspection.

3. For any Schedule 1 or Schedule 2 facility: During the initial inspection, the National Authority of Vietnam, the in-country escort, and the representative of the facility shall negotiate with the international inspection team to finalize the facility agreement, which specifies the details for routine inspections at the facility after the initial inspection.

4. The National Authority of Vietnam and the in-country escort must comply with the law regulations on protection of state secrets upon communication with foreign organizations and individuals.

Article 31. Inspection duration

1. For Schedule 1 facilities

a) The inspection decision must be notified not less than 24 hours before the arrival at the point of entry;

b) The duration of the inspection at the facility depends on the risk to the objectives and purposes of the Chemical Weapons Convention.

2. For Schedule 2 facilities

a) The inspection decision must be notified not less than 48 hours before the arrival at the plant site to be inspected;

b) The period of inspection shall not last more than 96 hours; however, extensions may be specifically agreed.

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

a) The inspection decision must be notified not less than 120 hours before the arrival at the plant site to be inspected;

b) The period of inspection shall not last more than 24 hours; however, extensions may be specifically agreed.

Article 32. Inspection procedures

1. Methods for inspection

a) Visual examination of production equipment, control room, laboratory, feedstock storage facility, and waste treatment area;

b) Inspection of documentation and records;

c) Negotiations and interviews;

d) Sampling and analysis of samples, if necessary.

2. Inspection procedures

a) Pre-inspection briefing by the representatives of the plant site, which shall include the information about the activities of the plant site; the physical layout diagram of the factory or workshop to be inspected; chemical reactions; technological process; mass balance and feedstock; waste management; environmental protection, occupational health and safety measures;

b) Site tour within the inspection site perimeter;

c) Conclusion on inspection plan and matters;

d) Inspection of production control areas; inspection of documentation related to supply of feedstock, products, and production; inspection of the storage facilities, waste treatment areas, areas for storage of chemicals not meeting technical parameters; laboratory tour (if any); inspection of documentation.

Documentation to be inspected includes: Documentation on technological process (process flow diagram, production capacity, company organizational chart, plant site layout); plant operation logs, batch records; quality control records, including analytical data; inventory and transportation records (both internal and external); health and safety, and environmental assurance documentation, including Material Safety Data Sheets (MSDS) for chemicals, Standard Operating Procedures (SOP), the facility's specific safety regulations, exposure limits for chemicals at the facility, and potential hazard warnings;

dd) Within 24 hours after the completion of the inspection, the international inspection team shall meet with the representative of the inspected facility and the National Authority of Vietnam to review the preliminary findings of the inspection team and to clarify ambiguities (if any). The preliminary findings shall be included in the draft preliminary inspection report, which shall be signed the representative of the facility, the National Authority of Vietnam, and the head of the international inspection team.

3. For Schedule 1 and Schedule 2 facilities

a) During the initial inspection, negotiations between the international inspection team and the National Authority of Vietnam shall be conducted to conclude the draft agreement related to the inspection of the facility, which then shall be submitted to and signed by the OPCW and the Government of Vietnam;

b) Subsequent inspections at Schedule 1 and Schedule 2 facilities shall conducted in the same way as the inspections of Schedule 3 facilities or DOC and DOC-PSF facilities as prescribed at Point b, Clause 17, Article 4 of this Decree.

4. Challenge inspections

a) Challenge inspections shall be conducted in order to clarify the concern raised by a State Party regarding possible non-compliance with the Chemical Weapons Convention at a chemical facility subject to inspection of another State Party;

b) The challenge inspection decision must be notified not less than 12 hours before the arrival at the point of entry. The period of inspection shall not exceed 84 hours, unless extended by agreement with the inspected State Party.

Article 33. Privileges and immunities

1. During the inspection in Vietnam, the members of the inspection team shall be accorded the privileges and immunities accorded to diplomatic agents pursuant to the regulations on the privileges and immunities of the United Nations 1946.

2. Samples and equipment approved by the Conference of the States Parties to the Chemical Weapons Convention, which are brought into the territory of Vietnam by members of the international inspection for inspection purposes, shall be exempt from customs declaration and inspection, as well as import and export duties.

Section 2.

NATIONAL INSPECTION AND EXAMINATION

Article 34. National inspection

1. Activities related to the implementation of the Chemical Weapons Convention shall be subject to national inspection as prescribed by the law regulations on inspection.

2. Ad-hoc national inspection shall be conducted where:

a) Through its management operations, a competent authority identifies information and documents that show signs of non-compliance with the Chemical Weapons Convention, this Decree, and relevant law regulations;

b) Any violations are denounced or reported.

Article 35. Examination

1. On an annual basis, the National Authority of Vietnam shall assume the prime responsibility for and coordinate with relevant agencies in conducting examination of schedule facilities and DOC and DOC-PSF facilities.

2. Schedule facilities and DOC and DOC-PSF facilities prescribed in Article 27 of this Decree shall be subject to such examination.

3. Purposes of the examination:

a) To ensure that the facilities subject to the examination fully comply with the Verification Annex to the Chemical Weapons Convention;

b) To improve the expertise of the facilities subject to the examination; their preparedness for international inspections by the OPCW inspection team;

c) To disseminate and popularize the regulations of the Chemical Weapons Convention to the facilities subject to the examination.

Chapter V

STATE GOVERNANCE OVER THE IMPLEMENTATION OF THE CHEMICAL WEAPONS CONVENTION

Article 36. Responsibilities of the Government, ministries and ministerial-level agencies

1. The Government shall uniformly manage the implementation of Chemical Weapons Convention nationwide.

2. The Ministry of Industry and Trade is the authority in charge of implementing the Chemical Weapons Convention. The Ministry of Industry and Trade shall, within the ambit of its tasks and powers:

a) Promulgate by itself within its competence or escalate the cases to the Government or the Prime Minister for promulgation of legal documents on implementation of the Chemical Weapons Convention;

b) Grant, re-grant, adjust, renew, and revoke licenses for the production, trading, import, or export of Schedule 2 or 3 chemicals; receive dossiers and escalate the cases to Prime Minister for approval of grant, re-grant, adjustment, renewal, or revocation of licenses for the production, trading, import, or export of Schedule 1 chemicals;

c) Manage the production, trading, import, export, processing, consumption, stockpiling of chemicals subject to inspection under the Chemical Weapons Convention;

d) Conduct the national inspection and examination of the production, trading, import, export, processing, consumption, stockpiling of chemicals subject to inspection under the Chemical Weapons Convention;

dd) Disseminate and popularize the Chemical Weapons Convention and relevant legal documents;

e) Assume the prime responsibility for international cooperation within the framework of the Chemical Weapons Convention.

3. The Ministry of National Defense shall manage munitions and devices prescribed at Points b and c, Clause 1, Article 4 of this Decree; manage and conduct the inspection and examination of activities related to the Chemical Weapons Convention within the units under the Ministry of National Defense.

4. The Ministry of Public Security shall manage riot control agents prescribed in Clause 5, Article 4 of this Decree; manage and conduct the inspection and examination of activities related to the Chemical Weapons Convention within the units under the Ministry of Public Security.

5. The Ministry of Foreign Affairs shall provide entry visas for the OPCW inspectors and inspection assistants in accordance with the law regulations of Vietnam.

6. The Ministry of Information and Communications shall review and issue licenses for the use of radio frequencies in accordance with the law regulations of Vietnam for the OPCW’s radio transmission equipment, listed as approved inspection equipment, which have the operational and technical specifications approved by the Conference of the States Parties, to ensure internal communications during the inspection of the OPCW in Vietnam.

Article 37. People’s Committees at all levels shall

1. Coordinate with the National Authority of Vietnam in welcoming the international inspection team at the schedule facilities, DOC and DOC-PSF facilities.

2. Coordinate with the Ministry of Industry and Trade in conducting national inspections and examinations, settling complaints and accusations, handling violations related to activities involving scheduled chemicals, DOCs and DOC-PSFs by license holders in their respective localities in accordance with the law regulations and within the ambit of management decentralized to them.

3. Coordinate with the Ministry of Industry and Trade in disseminating and popularizing the regulations on management of scheduled chemicals, DOCs and DOC-PSFs in their respective localities in accordance with the law regulations.

4. Receive periodic declarations submitted by organizations and individuals involved in the production, trading, export, import, consumption, and stockpiling of scheduled chemicals, and the production of DOCs and DOC-PSFs in their respective localities.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 38. Transitional provisions

1. The licenses for import or export of scheduled chemicals granted prior to the effective date of this Decree shall remain valid until the validity period stated respectively thereon expires.

2. The licenses for the production and trading of chemicals restricted from industrial production and trading, including arsenic trichloride, cyanogen chloride, and hydrogen cyanide, granted prior to the effective date of this Decree shall remain valid for 01 year from the effective date of this Decree.

3. Certificates of eligibility for production of or trading in industrial chemicals subject to conditional production and trading, which are now removed from the relevant lists in accordance with Clause 3, Article 5 of this Decree, granted prior to the effective date of this Decree, shall remain valid for 01 year from the effective date of this Decree.

4. Procedures for declaration of imported chemicals subject to declaration, which are now removed from the relevant lists in accordance with Clause 4 Article 5 of this Decree, commenced prior to the effective date of this Decree shall remain in effect until the import procedures are completed.

5. Facilities producing and trading scheduled chemicals shall review and ensure the conditions for production and trading of scheduled chemicals as prescribed in this Decree and apply for the licenses for the production and trading of scheduled chemicals within 12 months from the effective date of this Decree.

6. Regulations on declarations on scheduled chemicals, DOCs and DOC-PSFs as prescribed at Point c, Clause 2 of Articles 23, 24, 25, and 26 of this Decree, which shall be submitted via National Chemical Database, shall take effect from February 15, 2025.

Article 39. Reference clauses

In cases where the documents incorporated by reference in this Decree are revised, supplemented, or superseded, the new ones shall prevail.

Article 40. Effect

1. This Decree takes effect from May 19, 2024.

2. This Decree supersedes the following legal documents; points, clauses and articles thereof:

a) The Government’s Decree No. 38/2014/ND-CP dated May 06, 2014 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;

b) Article 9 and Point a, Clause 2, Article 47 of the Government’s No. 77/2016/ND-CP dated July 01, 2016 on amending and supplementing a number of regulations on conditions for business and investment in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading subject to the State governance by the Ministry of Industry and Trade;

c) Articles 12 and 13 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 amending a number of Decrees concerning conditions for business and investment in sectors subject to the State governance by the Ministry of Industry and Trade;

d) Articles 6 and 7 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 amending and supplementing a number of articles of Decrees concerning conditions for business and investment in sectors subject to the State governance by the Ministry of Industry and Trade.

3. The Prime Minister's Decision No. 76/2002/QD-TTg dated June 14, 2002 on the establishment of the Working Group to implement the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Chemical Weapons Convention), is annulled.

Article 41. Implementation organization

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and municipalities, and relevant authorities, organizations and persons shall be responsible for implementing this Decree.

* All Appendices are not translated herein.