Circular No. 01/2006/TT-BCN guides the management of chemical exports and imports, toxic chemicals, harmful chemical products, drug precursors, and chemicals according to technical standards under the specialized management of the Ministry of Industry.

CIRCULAR

Guidelines for managing the export and import of toxic chemicals and products containing toxic chemicals, drug precursors, and chemicals subject to technical standards under the specialized management of the Ministry of Industry.

Toxic chemicals, harmful chemicals, drug precursors, and chemicals subject to technical standards under the specialized management of the Ministry of Industry.

Under the specialized management of the Ministry of Industry.

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Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry.

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign trade agency activities.

Pursuant to Decree No. 100/2005/NĐ-CP dated August 3, 2005 of the Government on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, and Destruction of Chemical Weapons.

Pursuant to Decree No. 68/2005/NĐ-CP dated May 20, 2005 of the Government on Chemical Safety.

Pursuant to the Law on Prevention and Control of Narcotics and guiding documents for its implementation.

The Ministry of Industry provides guidelines for managing the export and import of chemicals listed in the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons; toxic chemicals and products containing toxic chemicals, drug precursors, and chemicals imported according to technical standards under the specialized management of the Ministry of Industry as follows:

The Ministry of Industry shall be organized as follows:

I. GENERAL PROVISIONS

1. The export and import of chemicals listed in Table 1 of the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons for special purposes such as research, medical, pharmaceutical, or protective purposes shall be carried out in accordance with Decree No. 100/2005/NĐ-CP dated August 3, 2005 of the Government on the implementation of the Convention and Decision No. 05/2006/QĐ-BCN dated April 7, 2006 of the Ministry of Industry.

2. Goods that are toxic chemicals, harmful chemicals, products containing harmful chemicals, transiting, temporarily imported for re-export shall comply with the regulations of the Ministry of Commerce.

3. Ensuring safety for the export and import of chemicals listed in the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons; toxic chemicals and products containing toxic chemicals, drug precursors, and chemicals imported according to technical standards under the specialized management of the Ministry of Industry shall be carried out in accordance with Decree No. 68/2005/NĐ-CP dated May 20, 2005 of the Government on Chemical Safety.

4. Exporters and importers are responsible for the accuracy of the declared data when exporting and importing; managing and using imported chemicals in accordance with the purpose of importation and relevant regulations; if there are violations, they will be handled according to the provisions of the law.

II. SPECIFIC PROVISIONS

1. Businesses with business registration certificates and registered enterprise codes for export and import at the Customs Department of provinces and centrally administered cities are permitted to export and import chemicals directly for production, research, and business needs (excluding chemical precursors used in industrial fields listed in Appendix 1).

The export and import of chemical precursors used in industrial fields listed in Appendix 1 shall be carried out in accordance with the Law on Prevention and Control of Narcotics dated December 9, 2000; the Management Regulations for Chemical Precursors Used in Industrial Fields issued together with Decision No. 134/2003/QĐ-BCN dated August 25, 2003 and No. 04/2004/QĐ-BCN dated January 7, 2004 of the Ministry of Industry and the provisions of this Circular.

2. The export and import of chemicals listed in Table 2 and Table 3 in Appendix 2 shall be carried out in accordance with Decree No. 100/2005/NĐ-CP dated August 3, 2005 of the Government on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons and the provisions of this Circular.

3. Importers of toxic chemicals and products containing toxic chemicals listed in the conditional import list in Appendix 3 for business purposes must have an Environmental Protection Business Conditions Certificate issued by the Provincial Department of Natural Resources and Environment in accordance with the regulations of the Ministry of Natural Resources and Environment.

4. When importing chemicals listed in Appendix 4 of this Circular, traders must declare all quality and technical standards corresponding to the inspection and verification by the customs authority. In case of doubt about incorrect declaration of quality and technical standards, the customs authority decides to request an appraisal and clear customs according to current regulations. The import of chemicals directly serving production with lower standards than those specified in this Appendix must have the written approval of the Ministry of Industry.

III. IMPLEMENTATION PROVISIONS

This Circular takes effect from May 1, 2006. Previous guidelines for managing the export and import of toxic chemicals, harmful chemicals, and products containing harmful chemicals, drug precursors, and chemicals imported according to technical standards under the specialized management of the Ministry of Industry that conflict with this Circular are hereby abolished.

During the implementation process, if there are difficulties or obstacles, please report them to the Ministry of Industry for timely revision and supplementation to ensure compliance./.