Circular No. 03/1998/TT-BCN guiding the importation of chemicals in 1998 pursuant to Decision No. 11/1998/QĐ-TTg dated January 23, 1998 of the Prime Minister.

CIRCULAR

Guidelines for importing chemicals in 1998 pursuant to Decision No. 11/1998/QĐ-TTg
dated January 23, 1998 of the Prime Minister

Pursuant to Decree No. 74/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decision No. 11/1998/QĐ-TTg dated January 23, 1998 of the Prime Minister on the management mechanism for import and export in 1998;

Considering the actual situation regarding the demand for various types of chemicals, the quantity imported in 1997, and the domestic production capacity in 1998;

The Ministry of Industry hereby provides guidelines for importing chemicals in 1998 as follows:

I. GENERAL PROVISIONS

All enterprises of all types of production and business, regardless of economic components, that meet the following conditions shall be permitted to import chemicals (except those listed in Appendix 1) according to their needs and economic contracts.

Having a decision to establish the enterprise in accordance with the regulations of the Government; having a business activity in the chemical industry or having a real need to use chemicals in production and research;

Holding a business registration certificate for exporting and importing the relevant commodity group.

II. SPECIFIC PROVISIONS

1. Enterprises meeting the conditions set out in Point I shall be permitted to import all types of chemicals including technical grade chemicals and pure chemicals (except those listed in Appendices 1 and 2) according to their usage needs and business capabilities.

2. Intermediate chemicals for producing toxic chemicals (not included in the Prohibited Import List - Appendix 1) may be imported to meet usage needs as raw materials or catalysts, reagents in production, research, and testing processes upon examination and approval by the Ministry of Industry on a case-by-case basis (List of intermediate chemicals for producing toxic chemicals - Appendix 2).

3. To encourage and support domestic enterprises in utilizing existing production capacity, modernizing technology, and producing commonly used chemicals of equivalent quality to imports, thereby reducing foreign currency costs, imports of commonly produced domestic chemicals that have met demand shall not be allowed (List of commonly used chemicals not to be imported - Appendix 1).

4. For types of chemicals that domestic industries can produce to basically meet quantity and quality requirements, supplementary imports of varieties and specifications not yet produced domestically or insufficiently produced must be approved by the Ministry of Industry to balance production and domestic demand (List of commonly used chemicals - Appendix 2).

5. Imports of chemicals as raw materials for producing plant protection products and chemical plant protection products must comply with the Plant Protection and Quarantine Law promulgated on February 15, 1993, and the guidelines of the Ministry of Agriculture and Rural Development.

6. Chemicals that are addictive substances, psychotropic substances, and precursors used in the medical field and pharmaceutical preparation must be imported with a permit from the Ministry of Health under Decree No. 89/CP dated December 15, 1995.

7. Agencies and enterprises importing chemicals listed in Appendix 2 must submit a document in the prescribed form (Appendix 3) to the Ministry of Industry for review. Within seven days of receiving the request, the Ministry of Industry will issue a response letter to the importing unit. Based on the opinion of the Ministry of Industry, customs authorities will handle the import procedures. For other types of chemicals not listed in Appendices 1 and 2, agencies and enterprises will directly handle the import procedures with customs authorities.

8. Depending on their specific chemical and physical properties, imported chemicals must be packaged to ensure safety standards during transportation and use in accordance with current government regulations.

9. Agencies and enterprises importing chemicals are responsible for managing and using imported chemicals in accordance with their intended purpose and related government regulations.

III. IMPLEMENTATION PROVISIONS

This Circular takes effect from April 1, 1998 to March 31, 1999.

For consignments of chemicals imported before the effective date of this Circular and confirmed by the Ministry of Industry, they may continue to be processed.

The Ministry of Industry requests ministries, ministerial-level agencies, governmental agencies, provincial people's committees under central cities, and central bodies of mass organizations to inform enterprises under their management about the contents of this Circular and implement it, while reflecting any issues arising during implementation to the Ministry of Industry for timely adjustment.

ANNEX 1

LIST OF CHEMICALS NOT TO BE IMPORTED IN 1998

(Annexed to Circular No. 03/1998/TT-BCN dated March 20, 1998)
of the Minister of Industry)

I. LIST OF PROHIBITED TOXIC CHEMICALS FOR IMPORT:

1. O-alkyl (

2. O-alkyl (

3. O-alkyl (H or

4. Mustard Sulfide:

* 2-Chloroethyl: Chloromethyl sulfide,

* Mustard gas: Bis (2-chloroethyl) sulfide,

* Bis (2-chloroethyl) methane,

* Sesqui mustard: 1-2 Bis (2-chloroethyl thio) ethane,

* 1-3 Bis (2-chloroethyl thio) n-propane,

* 1-4 Bis (1-chloroethyl thio) n-butane,

* 1-5 Bis (2-chloroethyl thio) n-pentane,

* Bis (2-chloroethyl thiomethyl) ether,

* O-mustard: Bis (2-chloroethyl thioethyl) ether;

5. Lewisite compounds:

* Lewisite.1: (2-chlorovinyl) dichloroarsine,

* Lewisite.2: Bis (2-chlorovinyl) chloroarsine,

* Lewisite.3: Tris (2-chlorovinyl) arsine;

6. Mustard amine group:

HN1: Bis (2-chloroethyl) ethylamine,

HN2: Bis (2-chloroethyl) methylamine,

HN3: Tris (2-chloroethyl) amine;

7. Saxitoxin;

8. Ricin;

9. Alkyl (Me, Ethyl, n-propyl or isopropyl) phosphonyl difluoride;

10. O-Alkyl (H or

* (Me, Ethyl, n-propyl or isopropyl) aminoalkyl,

* (Me, Ethyl, n-propyl or isopropyl) phosphonite and corresponding alkylated or protonated salts;

11. Chlorosarin: O-isopropyl methyl phosphonochloridate;

12. Chlorosoman: Pinacolyl methyl phosphonochloridate;

13. Amiton: O,O-diethyl S [2-(diethylamino) ethyl] phosphorothioate;

14. PFIB.1; 1,3; 3,3; pentafluoro (2 trifluoromethyl) propene;

15. BZ3: Quinuclidinyl benzilate;

16. Methyl phosphonyl dichloride (Dimethyl: methyl phosphonate);

17. N,N-dialkyl (Me, Ethyl, n-propyl or isopropyl) phosphoramidiodichloride;

18. Dialkyl:

* (Me, Ethyl, n-propyl or isopropyl) N,N-dialkyl,

* (Me, Ethyl, n-propyl or isopropyl) phosphoramid;

19. Quinuclidinyl 3-G1;

20. N,N-dialkyl (Me, Ethyl, n-propyl or isopropyl) aminoethyl 2-chloride;

21. N-N Dialkyl (Me, Ethyl, n-propyl or isopropyl) aminoethan 2-ols;

22. N-N Dialkyl (Me, Ethyl, n-propyl or isopropyl) aminoethan 2 thiols;

23. Thiodiglicol: Bis (2 hydroxy ethyl) sulfite;

24. Pinacolyl alcohol: 3,3 dimethyl butan-2ol;

25. Phosgene: Carbonyl dichloride;

26. Cyanogen chloride;

27. Chloropicrin: Trichloronitromethane;

28. Phosphorus oxychloride.

II. LIST OF COMMON CHEMICALS NOT PERMITTED FOR IMPORT:

1. Phosphoric acid (H3PO4);

2. Hydrochloric acid (HCl);

3. Technical sulfuric acid (H2SO4);

4. Liquid ammonia (NH3);

5. Bottled oxygen;

6. Liquid chlorine;

7. Liquid caustic soda (NaOH);

8. Acetylene (C2H2);

9. Activated carbon (C).

ANNEX 2

LIST OF CHEMICALS TO BE IMPORTED IN 1998 REQUIRING OPINION:
OF THE MINISTRY OF INDUSTRY

(Annexed to Circular No. 03/1998/TT-BCN dated March 20, 1998)
of the Minister of Industry)

I. LIST OF INTERMEDIATE CHEMICALS FOR PRODUCTION:
POISONOUS CHEMICALS:

1. Mercury and mercury compounds;

2. Elemental yellow phosphorus;

3. Trichlorophosphine;

4. Pentachlorophosphine;

5. Tri (Methyl, Ethyl) phosphite;

6. Dimethyl phosphite; 7. Dichlorosulfur;

8. Monochlorosulfur;

9. Thionyl chloride;

10. (Methyl, Ethyl) diethanolamine;

11. Triethanolamine;

12. Carbon disulfide;

13. Vinyl chloride;

14. Dichloroethane;

15. Arsenic and arsenic compounds;

16. Cyanide compounds;

17. Metal hydrides;

18. Halogen oxides and peroxides;

19. Acid compounds;

20. Various types of esters, ether oxides, aldehydes.

II. LIST OF COMMON CHEMICALS:

1. Solid caustic soda (lump, flake);

2 Calcium carbonate not treated with fatty acids or other additives;

3. Various types of alum;

4. Pure sulfuric acid (P, PA).

ANNEX 3

Superior authority SOCIALIST REPUBLIC OF VIETNAM

Enterprise name Independence - Freedom - Happiness

Document number

Date 1998

APPLICATION FOR IMPORT OF CHEMICALS

Respectfully submitted to: Ministry of Industry

1. Name of unit:

2. Main office located at:

Email/Website:

2. Intellectual Property Rights Owner:

3. Chemicals to be imported:

Serial No. Name of chemical Formula Unit Quantity Quantity

import content 1997 1998

... .......... ..... ...... ....... ......

... .........

4. Purpose of import (for direct production use of the unit or for sale).

5. Explanation regarding the quantity requested for import.

The unit applying hereby undertakes to manage and use the imported chemicals according to the purpose of import and relevant regulations of the Government.

Place of Receipt: DIRECTOR OF THE AUTHORITY SIGN AND SEAL

Note:

1. Accompanying the application for import of chemicals, the importing unit is required to submit a copy of the business license for import and export and any related domestic and foreign contracts (if applicable).

2. The import application dossier should be sent to the Ministry of Industry (Department of Planning and Investment) at the address: 54 Hai Ba Trung Street, Hanoi City./.