Decree No. 100/2005/ND-CP On Implementing the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons

DECREE

Regarding the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, and Useand Destruction of Chemical Weapons

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THE GOVERNMENT

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

Pursuant to Decision No. 167 HĐ/CTN dated August 24, 1998 of the President approving the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons;

Considering the proposal of the Minister of Industry,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

This Decree regulates relationships concerning organizations and individuals, both domestic and foreign, engaged in investment in chemical facilities and export/import of chemicals controlled by the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons (hereinafter referred to as the Convention) within the territory of the Socialist Republic of Vietnam.

The regulation of relationships in the field of chemical management not covered by the Convention shall be implemented in accordance with current laws.

This Decree also applies to organizations and individuals from Vietnam engaging in such activities abroad in compliance with international law, if the law of that foreign country does not provide otherwise.

Article 2Definitions

In this Decree, the following terms are understood as follows:

1. Chemical weapons include one, two, or all of the following:

a) Toxic chemicals and their precursors, except when used for purposes not prohibited by the Convention in quantities and types appropriate to those purposes;

b) Ammunition and equipment specifically designed to employ the toxic properties of toxic chemicals and their precursors mentioned in point a of this clause to cause death or other harm;

c) Any equipment specifically designed to directly use the ammunition and equipment mentioned in point b of this clause.

2. Toxic chemicals are any chemicals that through their chemical action on living processes of humans or animals can cause death, temporary or prolonged paralysis, acute or chronic poisoning, or destruction of the environment. This concept applies to all chemicals having these characteristics, regardless of origin, method of production, and place of manufacture.

3. Precursors are chemicals used at any stage of a technological process to chemically react with another chemical to form a toxic chemical and play a decisive role regarding its toxicity. Precursors are basic components of binary or multinary chemical systems.

4. Schedules are toxic chemicals and precursors controlled under the Convention and classified into Schedule 1, 2, and 3 in descending order of toxicity. The list of schedules is specified in Appendix 1 of this Decree.

5. Riot control agents are chemicals not included in the schedules but capable of causing rapid harmful irritation or affecting certain human functions. These effects will disappear shortly after ceasing contact with the chemical.

6. Other chemicals are chemicals not included in the schedules but excluding hydrocarbons, explosives, and long-chain polymers. Other chemicals are divided into DOC chemicals and DOC-PSF chemicals, where:

a) DOC chemicals are individual organic chemicals, including all carbon-containing compounds, except their oxides, sulfides, and metal carbonates, distinguished by their name, structural formula (if available), or CAS registration number (if available);

b) DOC-PSF chemicals are individual organic chemicals containing one of the elements such as phosphorus, sulfur, or fluorine.

7. Chemical production is the creation of a chemical through a chemical reaction.

8. Chemical processing is the execution of a physical process such as mixing, distillation, extraction, purification, wherein a chemical is not transformed into another chemical.

9. Chemical consumption is the transformation of a chemical into another chemical through a chemical reaction.

10. Chemical storage is the retention and preservation of unused or partially used chemicals in warehouses, containers, or specialized tanks at chemical facilities. This concept applies to Schedule 1 chemicals.

11. Purposes not prohibited by the Convention include:

a) Industrial, agricultural, research, medical, pharmaceutical, and other peaceful purposes;

b) Protection directly related to the prevention and defense against toxic chemicals and chemical weapons;

c) National defense and security activities not involving the use of chemical weapons and not using the toxicity of chemicals as a means of warfare;

d) Law enforcement, including domestic riot control.

12. A chemical facility is a location where one or more of the activities of chemical production, processing, consumption, and storage subject to Convention control take place. A chemical facility may be a site consisting of two or more plants, a single plant, or an independent production unit. Chemical facilities are categorized into Schedule 1, 2, 3 facilities and DOC, DOC-PSF facilities, where:

a) Schedule 1 chemical facilities are locations where one or more of the activities of producing, processing, consuming, or storing Schedule 1 chemicals take place. Schedule 1 chemical facilities are further divided into single-unit facilities and others, where:

- Single-unit facilities are Schedule 1 chemical production facilities for purposes of research, medicine, pharmaceuticals, or protection. In single-unit facilities, production is carried out in reaction equipment that does not constitute continuous production. The volume of each reaction equipment does not exceed 100 liters, and the total volume of reaction equipment exceeding 5 liters does not exceed 500 liters.

- Others are Schedule 1 chemical facilities other than single-unit facilities, including: Schedule 1 chemical production facilities for protection purposes with an annual total production not exceeding 10 kilograms; Schedule 1 chemical production facilities for research, medical, or pharmaceutical purposes with an annual production exceeding 100 grams for a single chemical, but the total annual production does not exceed 10 kilograms; laboratories synthesizing Schedule 1 chemicals for research, medical, or pharmaceutical purposes with an annual total production of 100 grams or more.

b) Schedule 2 chemical facilities are locations where one or more of the activities of producing, processing, or consuming Schedule 2 chemicals take place.

c) Schedule 3 chemical facilities are locations where the activity of producing Schedule 3 chemicals takes place.

d) DOC, DOC-PSF chemical facilities are locations where the activity of producing DOC, DOC-PSF chemicals takes place.

13. Production volume is the actual quantity of product produced, processed, consumed, or expected to be produced, processed, or consumed in a given year by a chemical facility for a specific chemical. The production volume may equal or exceed the production capacity of the facility for that chemical.

14. Verification of import and export data is the process by which the Convention Organization or the Vietnamese National Authority examines, reviews, and compares the export and import data of listed chemicals from organizations and individuals who have been licensed with the aim of reconfirming the accuracy of the reported figures or identifying errors that need correction to ensure transparency, accuracy, and honesty in reporting.

15. Inspection is an on-site inspection conducted by the Convention Organization at a chemical facility declared by a State Party to the Organization for the purpose of confirming the accuracy of the information reported and certifying compliance with the provisions of the Convention at such facility.

16. Initial inspection is the first inspection carried out by the Convention Organization at any inspected chemical facility.

17. Follow-up inspection is an inspection conducted by the Convention Organization after the initial inspection at a Chemical Schedule 3 facility or a DOC, DOC-PSF facility to recheck the accuracy of the reports submitted by the State Party to the Organization.

18. Systematic inspection is an inspection conducted periodically following the initial inspection at a Chemical Schedule 1 or 2 facility according to a specific agreement regarding that facility (facility agreement) aimed at checking and reconfirming the accuracy of the reports submitted by the State Party to the Organization.

19. Facility agreement is an agreement signed between a State Party and the Convention Organization concerning the inspection of a specific inspected chemical facility. The facility agreement is drafted during the initial inspection and is typically established for Chemical Schedule 1 and 2 facilities.

20. Surprise inspection is an inspection conducted at any chemical facility located within the territory or under the jurisdiction of a State Party at any time for the purpose of clarifying allegations of non-compliance with the Convention at such facility. A surprise inspection is initiated upon request from another State Party and reviewed and decided by the Executive Council of the Convention Organization in accordance with the procedures set forth in Article IX and Part X of the Convention's verification annex.

21. The Organisation for the Prohibition of Chemical Weapons (hereinafter referred to as the Convention Organization) is an organization established by the States Parties to the Convention to achieve the objectives of the Convention through ensuring compliance with its provisions.

22. State Party to the Convention is a country that has signed and ratified or acceded to the Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons and officially becomes a member of the Convention thirty days after depositing its instrument of ratification or notification of accession with the Secretary-General of the United Nations. The list of State Parties to the Convention is provided in Appendix 2 of this Decree.

23. The Vietnamese National Authority for the Implementation of the Convention (hereinafter referred to as the Vietnamese National Authority) is an inter-ministerial body established by the Prime Minister's Decision. The Ministry of Industry represents the Vietnamese National Authority in relations with the Convention Organization and acts on behalf of the Vietnamese National Authority in matters related to the Convention.

24. Escort team is a group of civil servants appointed by the Vietnamese National Authority to work alongside the inspection team of the Convention Organization during the inspection activities carried out in Vietnam.

Article 3. Prohibited Acts

1. Regarding chemical weapons

a) Developing, producing, owning, storing, and using chemical weapons;

b) Exporting and importing chemical weapons directly or indirectly to any organization or individual;

c) Participating in any military preparation activities that involve the use of chemical weapons;

d) Supporting, encouraging, or inciting any organization or individual under any form or participating in any activity prohibited by the Convention;

đ) Using riot control agents as a means of warfare.

2. Regarding Schedule 1 chemicals

a) Producing, processing, consuming, storing, exporting, and importing Schedule 1 chemicals, except when permitted by the Prime Minister for special purposes such as research, medical, pharmaceutical, or protective purposes;

b) Exporting and importing Schedule 1 chemicals to any organization or individual of a non-member state of the Convention;

c) Re-exporting or re-importing Schedule 1 chemicals to any organization or individual of a third country.

3. Regarding Schedule 2 chemicals

a) Producing, processing, consuming Schedule 2 chemicals, except when approved by the competent authority for non-prohibited purposes; exporting and importing Schedule 2 chemicals, except when permitted by the competent authority for non-prohibited purposes;

b) Exporting and importing Schedule 2 chemicals to any organization or individual of a non-member state of the Convention.

4. Regarding Schedule 3 chemicals

a) Producing Schedule 3 chemicals, except when approved by the competent authority for non-prohibited purposes; exporting and importing Schedule 3 chemicals, except when permitted by the competent authority for non-prohibited purposes;

b) Exporting Schedule 3 chemicals to any organization or individual of a non-member state of the Convention without a final use certificate from the competent authority of that state;

5. Producing, exporting, and importing chemicals DOC, DOC-PSF, except for purposes not prohibited by the Convention.

Chapter II

PROVISIONS ON CHEMICALS UNDER THE CONVENTION CONTROL

Section 1

PROVISIONS ON SCHEDULE 1 CHEMICALS

Article 4. Provisions on investment, declaration, and inspection of Schedule 1 chemical facilities

1. Investment in Schedule 1 chemical facilities shall be carried out as follows:

a) Activities involving production, processing, consumption, or storage of Schedule 1 chemicals may be conducted at single-site facilities or other facilities.

b) Enterprises established in accordance with the law, holding a business registration certificate for chemical operations issued by the competent authority, and having registered tax codes, commit to investing in Schedule 1 chemical facilities in compliance with point a, Clause 12, Article 2 of this Decree. For enterprises investing in production, processing, consumption, or storage facilities of Schedule 1 chemicals for research, medical, pharmaceutical, or protective purposes must meet the following conditions:

- Having appropriate infrastructure, technology, and equipment to produce, process, consume, and store Schedule 1 chemicals according to the quality standards registered by the enterprise;

- Having a quality analysis and testing department. In cases where there is no separate analysis and testing department, it can hire legitimate units or centers for analysis belonging to specialized agencies;

- Having a waste treatment system ensuring that activities at the facility do not cause environmental pollution; having all necessary tools and working conditions to ensure safe labor and environmental hygiene as required by laws on labor and the environment for hazardous chemicals;

- Having a technical staff and workers with professional qualifications who have been trained and educated in the chemical field, meeting the requirements of production technology and product quality;

- Being permitted by the Prime Minister.

An enterprise wishing to invest in a Schedule 1 chemical facility must submit a request to the Ministry of Industry for consideration and approval. Within no more than 15 days from the date of receiving complete and valid documents, the Ministry of Industry has the responsibility to review and respond to the enterprise's request. The approval document of the Ministry of Industry will be attached to the investment permit application submitted to the Prime Minister.

The model request of the enterprise and the approval of the Ministry of Industry for investment in Schedule 1 chemical facilities is stipulated in Appendix 3 of this Decree (models 3.1 and 3.2).

c) In cases where additional, adjustment, or change activities are implemented at existing Schedule 1 chemical facilities, the enterprise must submit a detailed report and explanation about the additional, adjustment, or change activities to the Ministry of Industry for approval before submitting to the Prime Minister for permission.

2. Enterprises with Schedule 1 chemical facilities must submit the following documents to the Ministry of Industry:

a) At least 210 days before the facility begins operation, the enterprise submits an initial declaration regarding the Schedule 1 chemical facility, according to Declaration Form 5.1 in Appendix 5 of this Decree;

b) Before February 28 each year, the enterprise submits a declaration regarding the activities conducted in the previous year at the Schedule 1 chemical facility, according to Declaration Form 5.2 in Appendix 5 of this Decree;

c) Before August 30 each year, the enterprise submits a declaration regarding the planned activities for the next year at the Schedule 1 chemical facility, according to Declaration Form 5.3 in Appendix 5 of this Decree;

d) At least 210 days before implementing additional, adjustment, or change activities at existing Schedule 1 chemical facilities, the enterprise submits a declaration according to Declaration Form 5.4 in Appendix 5 of this Decree.

3. All Schedule 1 chemical facilities are subject to initial inspections and systematic inspections by the Convention organization according to corresponding basic agreements. The Convention organization may conduct surprise inspections at any Schedule 1 chemical facility upon suspicion of Convention violations.

Enterprises with Schedule 1 chemical facilities subject to inspection must comply fully with the inspection regulations of the Convention organization as stipulated in Appendix 9 of this Decree; follow the instructions of the escort team during the inspection process at the facility; cooperate and facilitate the Convention organization's inspection team to complete their assigned tasks as specified in the inspection order.

Article 5. Provisions on Exporting and Importing Chemicals Table 1

1. Enterprises established in accordance with the provisions of the law may export or import chemicals listed in Table 1 to organizations and individuals of member states of the Convention for special purposes such as research, medical, pharmaceutical, or protection purposes, provided that they meet the following conditions:

a) Possess a Business Registration Certificate for chemical operations issued by the competent state agency and a tax registration number certificate for export and import recorded on the Tax Registration Certificate issued by the tax authority;

b) Possess a Certificate of Eligibility to Operate Hazardous Chemicals and Products Containing Hazardous Chemicals issued by the Department of Science and Technology of the province or centrally governed city in accordance with the regulations of the Ministry of Science and Technology;

c) Be permitted by the Prime Minister.

Within fifteen days from the date of receipt of the Prime Minister's approval opinion, the Ministry of Industry shall issue an export or import permit for each transaction for the enterprise.

The application form for the permit and the export (import) permit for chemicals listed in Table 1 is attached at Appendix No. 4 of this Decree (Form 4.1 and Form 4.2).

The export (import) permit for chemicals listed in Table 1 is only issued once for each contract within a maximum period of twelve months. In case of need for extension, a request must be submitted. Permits already issued cannot be transferred to other enterprises.

2. Enterprises permitted to export or import chemicals listed in Table 1 must submit the following documents to the Ministry of Industry:

a) At least forty-five days before implementing the export (import) activities, the enterprise submits a notification on exporting (importing) chemicals listed in Table 1 to notify the organization of the Convention, according to Notification Form No. 5.5 attached at Appendix No. 5 of this Decree;

b) Before February 28th of each year, the enterprise submits a declaration on exporting, importing, and domestic distribution for each chemical listed in Table 1 in the previous year, according to Declaration Form No. 5.6 attached at Appendix No. 5 of this Decree.

3. When requested, all enterprises engaged in exporting and importing chemicals listed in Table 1 must strictly comply with the verification of export and import data conducted by the Convention Organization or the Ministry of Industry in coordination with the National Agency of Vietnam.

Section 2

PROVISIONS ON CHEMICALS TABLE 2, CHEMICALS TABLE 3

Article 6. Provisions on Investment in Chemical Facilities Table 2, Chemical Facilities Table 3

1. Enterprises established in accordance with the provisions of the law possessing a Business Registration Certificate for chemical operations issued by the competent state agency and having registered tax numbers may invest in chemical facilities Table 2, chemical facilities Table 3 for purposes not prohibited by the Convention, provided that they meet the following conditions:

a) Possess appropriate physical infrastructure, technology, and equipment suitable for producing, processing, and consuming chemicals listed in Table 2, and producing chemicals listed in Table 3 meeting the quality standards registered by the enterprise;

b) Possess a quality control and testing department. In cases where there is no separate quality control and testing department, it can hire legitimate analysis units or centers belonging to specialized agencies;

c) Possess a waste treatment system ensuring that activities at the facility do not cause environmental pollution; have sufficient means and working conditions to ensure labor safety and environmental hygiene as required for hazardous chemicals under the laws on labor and environment;

d) Possess a technical staff and workers with professional qualifications who have been trained and educated in the chemical field, meeting the production technology requirements and product quality;

đ) Be approved by the Ministry of Industry.

Enterprises wishing to invest in chemical facilities Table 2, chemical facilities Table 3 must submit to the Ministry of Industry a document requesting consideration and approval for the enterprise to invest. Within a maximum period of fifteen days for chemical facilities Table 2 and seven days for chemical facilities Table 3 from the date of receiving complete valid files, the Ministry of Industry has the responsibility to respond to the enterprise's request. The approval document of the Ministry of Industry will be included in the investment proposal file for submission to the competent authorities for examination, appraisal, and decision-making on investment in accordance with current regulations.

The enterprise's application form and the Ministry of Industry's approval document for investment in chemical facilities Table 2, chemical facilities Table 3 are attached at Appendix No. 3 of this Decree (Form 3.3 and Form 3.4).

2. In cases of supplementing, adjusting, or changing activities at existing chemical facilities Table 2, chemical facilities Table 3, the enterprise must submit a detailed report and explanation regarding the supplementation, adjustment, or change to the Ministry of Industry before submitting to the competent authorities for permission.

Article 7. Provisions on Reporting Chemical Facilities Table 2, Chemical Facilities Table 3

1. Enterprises with chemical facilities Table 2, chemical facilities Table 3 must report about the facility to the Ministry of Industry when the facility has production volume equal to or exceeding the threshold below:

a) For chemicals Table 2:

- 1 kilogram/year for one chemical 2A*;

- 100 kilograms/year for one chemical 2A;

- 1 ton/year for one chemical 2B.

b) For chemicals Table 3:

From 30 tons/year or more for one chemical Table 3.

2. The enterprises mentioned in Clause 1 of this Article must submit the report to the Ministry of Industry.

a) Not later than 60 days for chemical facilities Table 2 and 30 days for chemical facilities Table 3 before the facility commences operation, the enterprise submits the initial report on the facility, specifically: chemical facilities Table 2 according to Report Form number 6.1 in Appendix number 6; chemical facilities Table 3 according to Report Form number 7.1 in Appendix number 7 of this Decree;

b) Before February 28 each year, the enterprise submits the report on activities conducted in the previous year at existing facilities, specifically: chemical facilities Table 2 according to Report Form number 6.2 in Appendix number 6; chemical facilities Table 3 according to Report Form number 7.2 in Appendix number 7 of this Decree;

c) Before September 30 each year, the enterprise submits the report on planned activities at the facility for the following year, specifically: chemical facilities Table 2 according to Report Form number 6.3 in Appendix number 6; chemical facilities Table 3 according to Report Form number 7.3 in Appendix number 7 of this Decree;

d) Not later than 30 days before implementing additional, adjustment, or change of activities at existing chemical facilities, the enterprise submits the supplementary report on the facility, specifically: chemical facilities Table 2 according to Report Form number 6.4 in Appendix number 6; chemical facilities Table 3 according to Report Form number 7.4 in Appendix number 7 of this Decree.

Article 8. Provisions on Inspecting Chemical Facilities Table 2, Chemical Facilities Table 3

1. Inspection Objectives:

a) All chemical facilities Table 2 are initial inspection and systematic inspection targets of the Convention Organization if they have production volume equal to or exceeding the threshold below:

- 10 kilograms/year for one chemical 2A*;

- 1 ton/year for one chemical 2A;

- 10 tons/year for one chemical 2B.

b) All chemical facilities Table 3 with production volume of 200 tons/year or more for any chemical Table 3 may be initial inspection and re-inspection targets of the Convention Organization.

2. The Convention Organization may conduct surprise inspections at any chemical facilities Table 2, chemical facilities Table 3 when there are allegations of Convention violations.

3. Enterprises with chemical facilities Table 2, chemical facilities Table 3 subject to inspection must comply fully with the inspection regulations of the Convention Organization stipulated in Appendix number 9 of this Decree; follow the guidance of the escort team during the inspection process at the facility; cooperate and facilitate the Convention Organization's inspection team to complete the tasks specified in the inspection order.

Article 9. Provisions on Exporting, Importing Chemicals Table 2, Chemicals Table 3

1. Enterprises established in accordance with the law that export, import chemicals Table 2, chemicals Table 3 to organizations and individuals of member states of the Convention for purposes not prohibited by the Convention must meet the following conditions:

a) Hold a business registration certificate for chemical trade issued by the competent state agency and a tax registration certificate with the export/import code number issued by the tax authority;

b) Hold a certificate of qualification for trading hazardous chemicals and products containing hazardous chemicals issued by the provincial or centrally-administered city Science and Technology Department in accordance with the regulations of the Ministry of Science and Technology;

c) Hold an export (import) permit for chemicals Table 2, chemicals Table 3 issued by the Ministry of Industry,

Application form for issuing an export (import) permit for chemicals Table 2, chemicals Table 3 in Appendix number 4 of this Decree (Form 4.3).

Within 15 days from the date of receipt of complete and valid documents, the Ministry of Industry will issue an export (import) permit for chemicals Table 2, chemicals Table 3 according to the permit form in Appendix number 4 of this Decree (Form 4.4).

In cases where exporting, importing chemicals Table 2, chemicals Table 3 for specialized purposes (healthcare, pharmaceuticals, agriculture, protection), the Ministry of Industry may seek written opinions from the relevant state management agencies before issuing the permit if necessary.

An export (import) permit for chemicals Table 2, chemicals Table 3 is only issued once for a single contract within a maximum period of 12 months, and renewal requires a request. Issued permits cannot be transferred to other enterprises.

In cases where the export of chemicals Table 3 is carried out to organizations or individuals of countries that are not member states of the Convention, a final use certificate from the competent authority of the aforementioned country is required. The final use certificate form is in Appendix number 7 of this Decree (Form 7.5). This certificate must be attached in the application for export permit submitted by the enterprise seeking the export permit.

2. Before February 28 each year, the enterprises mentioned in Clause 1 of this Article must submit to the Ministry of Industry a declaration report on imports and exports in the previous year for:

- Chemicals Table 2, including mixtures containing chemicals 2A* and 2A at concentrations of 1% or higher and chemicals 2B at concentrations of 30% or higher, according to Report Form number 6.5 in Appendix number 6 of this Decree;

- Chemicals Table 3, including mixtures containing chemicals Table 3 at concentrations of 30% or higher, according to Report Form number 7.6 in Appendix number 7 of this Decree.

3. When requested, all enterprises engaged in exporting, importing chemicals Table 2, chemicals Table 3 must strictly comply with the verification of export and import data of chemicals Table 2, chemicals Table 3 conducted by the Convention Organization or the Ministry of Industry in coordination with the National Agency of Vietnam.

Section 3

PROVISIONS ON DOC CHEMICAL FACILITIES, DOC-PSF CHEMICAL FACILITIES

Article 10. Provisions on investment in DOC, DOC-PSF chemical facilities

A business established in accordance with the law, holding a business registration certificate for chemical operations issued by a competent state agency and having registered its tax code, commits to investing in DOC, DOC-PSF chemical facilities for purposes not prohibited by the Convention. Such investments must meet the following conditions:

1. Possess appropriate physical infrastructure, technology, and equipment to produce DOC, DOC-PSF chemicals meeting the quality standards registered by the enterprise.

2. Have a product analysis and quality control department. In cases where there is no separate analysis and quality control department, it may hire legitimate analysis units or centers affiliated with specialized agencies.

3. Have a waste treatment system ensuring production does not cause environmental pollution; have all necessary means and working conditions to ensure labor safety and environmental hygiene as required for hazardous chemicals under labor and environmental laws.

4. Have a team of technical staff and workers with professional qualifications, trained in chemical specialties, capable of meeting production technology and quality management requirements.

Investment in DOC, DOC-PSF chemical facilities shall be carried out in accordance with current investment regulations.

Article 11. Provisions on reporting DOC, DOC-PSF chemical facilities

Businesses operating DOC chemical production facilities with an annual output of 200 tons or more for one DOC chemical and DOC-PSF chemical production facilities with an annual output of 30 tons or more for one DOC-PSF chemical must submit the following documents to the Ministry of Industry:

1. At least 30 days before the facility begins operation, the enterprise submits an initial report on the DOC, DOC-PSF chemical facility according to Form 8.1 in Appendix 8 of this Decree.

2. By February 28 each year, the enterprise submits a report on activities conducted at the DOC, DOC-PSF chemical facility during the previous year according to Form 8.2 in Appendix 8 of this Decree.

3. At least 30 days before implementing any additions, adjustments, or changes in production at existing DOC, DOC-PSF chemical facilities, the enterprise submits a supplementary report on the DOC, DOC-PSF chemical facility according to Form 8.3 in Appendix 8 of this Decree.

Article 12. Provisions on inspection of DOC, DOC-PSF chemical facilities

1. All DOC, DOC-PSF chemical production facilities with an annual output exceeding 200 tons may be subject to initial and follow-up inspections by the Convention Organization. The Convention Organization may conduct surprise inspections at any DOC, DOC-PSF chemical facility upon suspicion of Convention violations.

2. Enterprises with DOC, DOC-PSF chemical facilities subject to inspection must comply fully with the inspection regulations of the Convention Organization specified in Appendix 9 of this Decree; adhere to the guidance of the escort team from the National Agency of Vietnam during the inspection process; cooperate and facilitate the inspection team of the Convention Organization to complete their assigned tasks as stipulated in the inspection order.

Chapter III

OTHER PROVISIONS

Article 13. Notification of Changes in Riot Control Chemical Names

In case of changing the riot control chemical used, the relevant state agency responsible for managing and using riot control chemicals must notify the Ministry of Industry about the substituted chemical, including: the chemical name (IUPAC name, trade name, or common name), chemical formula, and CAS number to inform the Convention Organization.

Article 14. Annual notification on the preventive program and voluntary contributions

The Vietnamese national agency shall coordinate with relevant state agencies to prepare an annual report on Vietnam's preventive program and voluntary contributions for approval by the Prime Minister and to notify the Organization of the Convention.

Article 15. Privileges and immunities

1. During the inspection activities in Vietnam, members of the inspection team of the Organization of the Convention shall enjoy diplomatic privileges and immunities as stipulated in Article 29 and Clause 1 of Article 30 of the Vienna Convention on Diplomatic Relations 1961.

2. The Ministry of Public Security shall be responsible for considering and issuing entry permits for inspectors and assistant inspectors of the Organization of the Convention.

3. The Ministry of Foreign Affairs shall be responsible for issuing multiple-entry visas valid for two years for inspectors and assistant inspectors of the Organization of the Convention, and simultaneously notify the Organization of the Convention the list of inspectors and assistant inspectors for whom Vietnam has issued visas.

4. Specimens and equipment included in the list of equipment approved by the Conference of States Parties to the Convention brought into Vietnam by the inspection team for inspection purposes shall be exempt from declaration and customs inspection; import and export duties shall also be waived.

Article 16. Reception and cooperation with the inspection team of the Organization of the Convention

The Vietnamese national agency shall be responsible for:

1. Receiving and cooperating with the inspection team of the Organization of the Convention; exercising the right to inspect according to Clause 29 Point c Part II of the Verification Annex of the Convention to ensure the conformity of the equipment brought into Vietnam by the inspection team; creating all necessary conditions for the inspection team to complete their inspection tasks in accordance with the contents of the inspection order of the Organization of the Convention when such order complies with the provisions of the Convention.

2. Coordinating with inspected facilities to implement all measures to protect facilities, information, and data unrelated to the purpose and content of the inspection.

3. For Facilities List 1 and List 2, immediately during the initial inspection, the Vietnamese national agency together with facility representatives shall negotiate with the inspection team to agree on the content of the facility agreement that specifies details for systematic inspections at the facility following the initial inspection.

Article 17. Confidentiality of Information

1. Every member of the Vietnamese national agency shall be responsible for protecting confidential information while performing their duties in accordance with the Convention and the Ordinance on Safeguarding State Secrets.

2. The Vietnamese national agency shall have the duty to establish and select the level of confidentiality required for information exchanged or provided to the Organization of the Convention based on agreements with the Organization of the Convention.

3. Confidential information of chemical facilities may only be shared or disclosed to those responsible for implementing the Convention obligations and in emergency situations related to community safety.

Chapter IV

STATE MANAGEMENT IN THE IMPLEMENTATION OF THE CONVENTION

Article 18. Contents of state management in the implementation of the Convention

The contents of state management in the implementation of the Convention include:

1. Developing, promulgating, or submitting to competent authorities for promulgation normative legal documents on managing chemical activities to implement the Convention.

2. Directing and organizing the implementation of Vietnamese normative legal documents and international commitments arising from the Convention.

3. Providing information, propaganda, and popularizing legal education on the Convention and related normative legal documents.

4. Issuing, renewing, suspending, or revoking permits for controlled chemical activities as prescribed by the Convention.

5. Inspecting, supervising, and handling violations of laws on the implementation of the Convention.

6. International cooperation in the implementation of the Convention.

Article 19. Responsibilities of State Management Agencies in Implementing the Convention

1. The Government shall uniformly manage the implementation of the Convention throughout the country.

2. The Ministry of Industry shall be the lead agency assisting the Government in state management regarding the implementation of the Convention, with the following functions, tasks, and authorities:

a) Issuing regulations or submitting to competent agencies for issuance of normative legal documents aimed at implementing the Convention;

b) Organizing propaganda and dissemination of the Convention and related normative legal documents;

c) Taking the lead and coordinating with Ministries, sectors, and People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as People's Committees of provinces), and being responsible before the Government for the implementation of the Convention;

d) Issuing, extending, suspending, or revoking export and import permits, investment approval documents for chemical facilities subject to control under the Convention within its authority;

đ) Managing the production, processing, consumption, storage of relevant toxic chemicals; conducting inspections and supervision of these activities at facilities under its jurisdiction;

e) Representing the National Agency of Vietnam in relations with the Convention Organization and acting on behalf of the National Agency of Vietnam to handle matters related to the Convention;

g) Leading the implementation of international cooperation within the framework of the Convention.

3. The Ministry of Trade shall cooperate with the Ministry of Industry in drafting and issuing regulations or submitting them to competent authorities for issuance concerning the management of exports and imports of chemicals covered by the Convention.

4. The Ministry of Finance shall cooperate with the Ministry of Industry in drafting and issuing regulations and customs guidelines within their authority or submitting them to competent authorities for issuance concerning the export and import of chemicals listed in the Convention; it shall be responsible for compiling and consolidating import and export data on listed chemicals to transfer to the Ministry of Industry for national reporting to the Convention Organization.

5. The Ministry of Defense and the Ministry of Public Security shall manage the production, processing, consumption, and storage of relevant toxic chemicals; conduct inspections and supervision of these activities in military units; and cooperate with the Ministry of Industry in organizing the implementation of the Convention.

6. The Ministry of Foreign Affairs shall cooperate with the Ministry of Industry in fulfilling Vietnam’s commitments regarding the implementation of the Convention and international cooperation as stipulated by the Convention.

7. Ministries, ministerial-level agencies, government agencies, and People's Committees of provinces shall, based on their functions, tasks, and authorities, cooperate with the Ministry of Industry in organizing and implementing the provisions of the Convention and this Decree.

Article 20. Functions and Working Regulations of the National Agency of Vietnam

The National Agency of Vietnam has the following functions:

1. Advising and consulting the Government and the Prime Minister on the implementation of the Convention.

2. Ensuring coordinated, tight, and effective collaboration among Ministries, sectors, and relevant agencies in implementing the Convention.

3. Monitoring and inspecting to ensure compliance with the Convention.

4. Serving as the point of contact for Vietnam’s work with the Convention Organization through its representative, the Ministry of Industry.

The Minister of Industry shall decide the working regulations of the National Agency of Vietnam.

Chapter V

INSPECTION, AUDIT AND VIOLATION HANDLING

Section 1

INSPECTION AND SUPERVISION

Article 21. Responsibilities and Inspection Authority

1. The national agency of Vietnam shall be responsible for coordinating with the Ministry of Industry, relevant ministries, sectors, and agencies to inspect and supervise activities related to chemicals controlled under this Decree to correct, detect, prevent, and promptly address violations in the implementation of the Convention.

2. The inspection authority shall be exercised in accordance with the provisions of the law on inspection.

3. While performing their duties, the agencies and individuals conducting inspections and supervision must strictly comply with relevant legal regulations; respect the lawful rights and interests of individuals and units being inspected.

Article 22. Decision to Inspect and Supervise

1. Inspections and supervisions shall be conducted in the following forms:

a) Regular inspections according to management functions and authorities prescribed by law;

b) Establishing teams to conduct inspections and supervisions periodically every quarter, six months, annually, or at any time deemed necessary.

2. Unannounced inspections shall be based on the following grounds:

a) Through its management work, the competent authority discovers information or documents indicating violations of the Convention's provisions, this Decree's provisions, and related legal regulations;

b) There are reports or accusations from others regarding violations;

c) At the request of the National Agency of Vietnam or the Convention Organization.

3. The head of the leading agency conducting inspections and supervisions decides on the composition of the inspection team based on the purpose, requirements, scope, and content of the inspections; in cases where a multi-sectoral team needs to be established, discussions should be held with relevant agencies to appoint cooperating personnel.

4. Inspections and supervisions conducted through teams must be decided upon in writing by the head of the provincial-level or higher sector. The decision to inspect and supervise must clearly state the name of the inspecting agency; the name and address of the inspected organization; the time, scope, and content of the inspection; the composition of the inspection team; and the basis for conducting the inspection (for unannounced inspections).

Article 23. Conducting Inspections and Supervisions

1. Based on the provisions of the Convention and this Decree, inspections and supervisions shall be carried out on the actual operations of the inspected entities. Individuals and units being inspected have the responsibility to create conditions for the inspection team to perform their tasks.

2. The results of inspections and supervisions shall be recorded in minutes, which detail the process of the inspection; the conclusions of the team regarding the violations of the inspected individual or unit; recommendations or requests of the inspection team; and other necessary contents; the minutes must bear the signatures of the head of the inspection team and the individual or head of the inspected unit.

3. In cases where violations with signs of criminal offenses are discovered, the head of the inspection team has the right to temporarily suspend the violation activity, take responsibility for protecting the scene and evidence of the violation, and immediately report to the competent investigative agency.

Section 2

ADMINISTRATIVE PENALTIES FOR VIOLATIONS

Article 24. General Provisions on Administrative Sanctions for Violations

1. Administrative violations related to the implementation of the Convention are acts that violate regulations set forth in the Convention and this Decree during activities such as production, processing, consumption, storage, export, and import of chemicals under control, committed by organizations or individuals but not constituting criminal offenses, and which must be subject to administrative sanctions according to the Administrative Violation Handling Ordinance.

2. Each administrative violation shall bear a principal form of administrative sanction in the form of a fine; the maximum fine for a single administrative violation is 100,000,000 VND. The specific amount of the fine for each administrative violation is the midpoint of the fine range prescribed for that violation; if the violation has mitigating circumstances, the fine may be reduced below the midpoint but not below the minimum level of the fine range; if the violation has aggravating circumstances, the fine may be increased above the midpoint but not exceeding the maximum level of the fine range.

3. Depending on the nature and degree of the violation, individuals or organizations committing the violation may also be subject to one or more supplementary forms of administrative sanctions or measures to remedy consequences as stipulated in the Administrative Violation Handling Ordinance.

4. Principles of punishment, time limits for punishment, procedures for administrative sanctions, mitigating circumstances, aggravating circumstances, statute of limitations for punishment, period considered as not having been punished, application of preventive measures and guarantees for handling administrative violations related to the implementation of the Convention shall be applied according to the provisions of the Administrative Violation Handling Ordinance, Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain articles of the Administrative Violation Handling Ordinance, and other relevant guiding documents.

5. For other administrative violations in the management of toxic chemicals, environmental protection, and chemical safety already specified in other decrees of the Government, the imposition of sanctions shall be carried out according to the provisions of those decrees.

Article 25. Sanctions for Prohibited Acts as Specified in the Convention

1. A fine of from 80,000,000 VND to 100,000,000 VND if there is a violation of prohibited acts concerning chemical weapons as provided for in Clause 1, Article 3 of this Decree.

2. A fine of from 60,000,000 VND to 80,000,000 VND if there is a violation of prohibited acts concerning chemicals listed in Table 1 as provided for in Clause 2, Article 3 of this Decree.

3. A fine of from 40,000,000 VND to 60,000,000 VND if there is a violation of prohibited acts concerning chemicals listed in Table 2 as provided for in Clause 3, Article 3 of this Decree.

4. A fine of from 20,000,000 VND to 40,000,000 VND if there is a violation of prohibited acts concerning chemicals listed in Table 3 as provided for in Clause 4, Article 3 of this Decree.

5. A fine of 20,000,000 VND if there is a violation of prohibited acts concerning chemicals DOC, DOC-PSF as provided for in Clause 5, Article 3 of this Decree.

6. In addition to being fined, individuals or organizations committing violations as provided for in Clauses 1, 2, 3, 4, and 5 of this Article must take remedial measures and may also be subject to the following supplementary forms of administrative sanctions:

a) Confiscation of objects and means used to commit administrative violations when violating the provisions of Article 3 of this Decree;

b) Compulsion to implement measures to address environmental pollution caused by administrative violations;

c) If confiscation is not applied, compel the removal from Vietnam's territory or re-export goods, items, and means related if there is illegal import of chemicals listed in Tables;

d) For objects that are chemicals or items containing chemicals harmful to human health, animals, and plants, if confiscation is not applied, compel destruction.

Article 26. Sanctions for violations related to the management of Chemical List 1 Table 1

1. A fine of VND 10,000,000 to VND 25,000,000 shall be imposed on any of the following violations:

a) Violating the provisions on investment conditions, export and import conditions for Chemical List 1 substances as stipulated in Clause 1, Article 4 and Clause 1, Article 5 of this Decree, if not falling under the cases specified in Clauses 2 and 3 of this Article;

b) Violating the reporting requirements for Chemical List 1 substances, such as: failing to report or reporting inaccurately about production, processing, consumption, storage; failing to notify or report exports and imports due to lack of responsibility or other unintentional errors; failing to report within the prescribed time limit without justifiable reasons.

2. A fine of VND 25,000,000 to VND 40,000,000 shall be imposed on any of the following violations:

a) Producing, processing, consuming, storing Chemical List 1 substances exceeding the total production volume specified in Point a, Clause 12, Article 2 of this Decree; exporting or importing Chemical List 1 substances with incorrect content in the export (import) permit; transferring the export (import) permit to another enterprise;

b) Violating the reporting requirements for Chemical List 1 substances, such as: intentionally failing to report or intentionally reporting inaccurately about production, processing, consumption, storage; intentionally failing to notify or intentionally failing to report exports and imports; using fraudulent means in reporting;

c) Violating the inspection regulations, if not falling under the case specified in Point b, Clause 3 of this Article; violating the verification of export-import data for Chemical List 1 substances as prescribed;

d) Failing to comply with the inspection decision of the competent authority.

3. A fine of VND 40,000,000 to VND 70,000,000 shall be imposed on any of the following violations:

a) Investing in a Chemical List 1 facility without the Prime Minister's approval; exporting or importing Chemical List 1 substances without the Prime Minister's approval and without an industry ministry permit; using an expired permit, a tampered permit, or a fake permit;

b) Failing to comply with the inspection decision of the competent authority.

Article 27. Sanctions for violations related to the management of Chemical List 2

1. A fine of VND 5,000,000 to VND 15,000,000 shall be imposed on any of the following violations:

a) Violating the provisions on investment conditions for Chemical List 2 facilities, export and import conditions for Chemical List 2 substances as stipulated in Clause 1, Article 6 and Clause 2, Article 9 of this Decree, if not falling under the cases specified in Clauses 2 and 3 of this Article;

b) Violating the reporting requirements for Chemical List 2 substances, such as: failing to report or reporting inaccurately about production, processing, consumption, export, import of Chemical List 2 substances due to lack of responsibility or other unintentional errors; reporting inaccurately within the prescribed time limit without justifiable reasons.

2. A fine of from fifteen million to thirty million dong shall be imposed for one of the following violations:

a) Investing in a Chemical List 2 facility with incorrect content in the investment approval document of the Industry Ministry; exporting or importing Chemical List 2 substances with incorrect content in the export (import) permit; transferring the export (import) permit to another enterprise;

b) Violating the reporting requirements for Chemical List 2 substances, such as: intentionally failing to report or intentionally reporting inaccurately about production, processing, consumption, export, import of Chemical List 2 substances; using fraudulent means in reporting;

c) Violating the inspection regulations, if not falling under the case specified in Point b, Clause 3 of this Article; violating the verification of export-import data for Chemical List 2 substances as prescribed;

d) Failing to comply with the inspection decision of the competent authority.

3. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on any of the following violations:

a) Investing in a Chemical List 2 facility without an approval document from the Industry Ministry; exporting or importing Chemical List 2 substances without an industry ministry permit or using an expired permit, a tampered permit, or a fake permit;

b) Failing to comply with the inspection decision of the competent authority.

Article 28. Penalties for violations related to the management of Chemicals List 3

1. A fine of VND 2,000,000 to VND 7,000,000 shall be imposed on any of the following violations:

a) Violating the provisions on investment conditions for Chemicals List 3 facilities, export and import conditions for Chemicals List 3 as stipulated in Clause 1, Article 6 and Clause 2, Article 9 of this Decree, if not falling under the cases specified in Clauses 2 and 3 of this Article;

b) Violating the reporting requirements for Chemicals List 3, such as failing to report or reporting inaccurately regarding production, export, and import of Chemicals List 3 due to lack of responsibility or other unintentional errors; reporting beyond the prescribed deadline without justifiable reasons.

2. A fine of VND 7,000,000 to VND 15,000,000 shall be imposed on any of the following violations:

a) Investing contrary to the contents recorded in the investment approval document issued by the Ministry of Industry; exporting or importing Chemicals List 3 contrary to the contents recorded in the export/import permit; transferring the export (import) permit to another enterprise;

b) Violating the reporting requirements for Chemicals List 3, such as intentionally failing to report or reporting inaccurately regarding production, export, and import; using deceptive methods in reporting;

c) Violating the inspection regulations, if not falling under the case specified in point b, Clause 3 of this Article;

d) Failing to comply with the inspection decision of the competent authority.

3. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on any of the following violations:

a) Establishing a Chemicals List 3 facility without an approval document from the Ministry of Industry; exporting or importing Chemicals List 3 without a permit from the Ministry of Industry or using an expired, altered, or fake permit;

b) Failing to comply with the inspection decision of the competent authority.

Article 29. Penalties for violations related to the management of DOC, DOC-PSF chemicals

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on any of the following violations:

a) Violating the reporting requirements for DOC, DOC-PSF chemical facilities, if not falling under the case specified in point a, Clause 2 of this Article;

b) Failing to comply with inspection decisions made by competent authorities;

c) Violating the inspection regulations, if not falling under the case specified in point b, Clause 2 of this Article.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Violating the reporting requirements for DOC, DOC-PSF chemical facilities, such as intentionally reporting inaccurately regarding production; using deceptive methods in reporting;

b) Failing to comply with the inspection decision of the competent authority.

Article 30. Application of supplementary penalties, measures to remedy consequences, and expulsion penalties

1. In addition to being fined, individuals and organizations committing violations as stipulated in Articles 26 to 29 of this Decree must take remedial measures and may be subject to the following supplementary penalties:

a) Revoking the right to use permits for a limited period or suspending operations of the facility for a limited period when violating the provisions in Clauses 1 and 2 of Articles 26 to 28 and the provision in Clause 1 of Article 29 of this Decree;

b) Revoking the right to use permits permanently or terminating operations of the facility when violating the provisions in Clauses 1 and 2 of Articles 26 to 28 of this Decree and having aggravating circumstances; violating the provisions in point b, Clause 3 of Articles 26 to 28 and the provision in point b, Clause 2 of Article 29 of this Decree;

c) Confiscating items and means used to commit violations as stipulated in point a, Clause 3 of Articles 26 to 28 and the provision in point a, Clause 2 of Article 29 of this Decree;

d) Compelling the implementation of measures to address environmental pollution caused by administrative violations;

đ) In cases where confiscation is not applied, compelling the removal from Vietnam's territory or re-exporting goods, items, and means if there is illegal importation of chemicals;

e) For confiscated items that are chemicals harmful to human health, animals, and the environment, in cases where confiscation is not applied, compelling their destruction.

2. Foreign nationals committing violations as stipulated in Articles 25 to 29 of this Decree may be expelled according to the law on handling administrative violations.

Article 31. Competence to impose administrative sanctions

The Ministry of Industry, relevant ministries and sectors, and provincial People's Committees shall be responsible for imposing administrative sanctions according to the competence prescribed in the Administrative Violation Handling Ordinance.

Article 32. Complaints, accusations, and resolution of complaints and accusations

1. Individuals and organizations subject to inspection and examination; those who are administratively sanctioned have the right to complain about administrative decisions and actions of competent authorities if they have grounds to believe that such decisions and actions contravene legal provisions and this Decree, infringing upon their legitimate rights and interests.

2. Citizens have the right to report to state agencies with jurisdiction about illegal acts of any organization or individual causing damage or threatening to cause damage to the interests of the State, citizens' rights and legitimate interests, and organizations.

3. The procedures and formalities for complaints, accusations, and resolution of complaints and accusations shall be carried out in accordance with the provisions of Article 118 of the Administrative Violation Handling Ordinance and the Provisions of the Law on Complaints and Accusations.

Chapter VI
IMPLEMENTING PROVISIONS

Article 33. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are hereby abolished.

Article 34. Responsibility for Implementation

1. The Ministry of Industry shall take the lead and coordinate with relevant ministries and sectors to inspect and urge the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for guiding and implementing this Decree./.