Decree No. 33/2024/ND-CP stipulates the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Acquisition, and Transfer of Chemical Weapons and on Their Destruction

DECREE

Implementing the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons Chemical Weapons Convention

Convention for the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions 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, Use and Destruction of Chemical Weapons;

The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.

Pursuant to the ASEAN Framework Agreement on Facilitation of Intra-Regional Land Transport signed on December 10, 2009;

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

Pursuant to the Investment Law dated June 17, 2020;

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

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree providing for the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons.

PART I

GENERAL PROVISIONS ON IMPLEMENTATION

OF THE CHEMICAL WEAPONS CONVENTION

Article 1. Scope of Regulation

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

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

2. Production, business, export, import, processing, use, storage of chemicals listed in the Table; production of DOC chemicals, DOC-PSF chemicals.

3. Reporting on chemicals listed in the Table, DOC chemicals, DOC-PSF chemicals.

4. Provisions on inspection and supervision, inspection.

5. State management of chemicals listed in the Table, DOC chemicals, DOC-PSF chemicals.

Article 2. Applicability

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

Article 3. Application of Law

1. Activities implementing the Chemical Weapons Convention shall be carried out in accordance with the provisions of this Decree and other relevant laws.

2. Prohibited acts and purposes not prohibited shall be applied in accordance with Clause 1, Article 1 and Clause 9, Article 2 of the Chemical Weapons Convention.

Article 4. Definitions

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

1. Chemical weapons are defined under the Chemical Weapons Convention as follows, separately or in combination:

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

b) Ammunition and equipment specifically designed to cause death or other harm through the toxicity of the toxic chemicals referred to in point a of this clause. The toxicity may arise from the use of such ammunition and/or equipment;

c) Any type of equipment specifically designed and directly related to the use of the ammunition and/or equipment referred to in point b of this clause.

2. Toxic chemicals are defined under the Chemical Weapons Convention as any chemical that, through its chemical reaction on living processes, can cause death, temporary incapacitation or long-term harm to humans and animals. This concept applies to all chemicals with the characteristics described above, regardless of origin, method of production, and place of production, whether military or non-military.

3. Precursors are defined under the Chemical Weapons Convention as any chemical that participates at any stage and by any means in the production of a toxic chemical. Precursors include any major component of a binary or multicomponent chemical system.

4. Listed chemicals are toxic chemicals and precursors controlled under the Chemical Weapons Convention and classified into categories 1, 2, and 3 according to the criteria specified in the Chemical Schedule of the Chemical Weapons Convention. Listed chemicals include substances in the List and mixtures containing substances in the List.

5. Riot control agents are defined under the Chemical Weapons Convention as any chemical that is not a listed chemical but can quickly cause irritant effects on humans or impair bodily functions, with these effects disappearing shortly after ceasing contact with the chemical.

6. Organic specific chemicals (DOC chemicals) are defined under the Chemical Weapons Convention as all carbon-containing compounds, excluding oxides, sulfides of these compounds, and metal carbonates, distinguished by the name, structural formula (if available), or CAS registration number (if available) of the chemical. DOC-PSF chemicals are defined under the Chemical Weapons Convention as organic specific chemicals containing one of the elements such as phosphorus, sulfur, or fluorine.

7. Chemical production is defined under the Chemical Weapons Convention as the process of manufacturing a chemical through chemical reactions.

8. Chemical trade includes the activities of buying and selling, exporting, importing chemicals for supply to the market for profit-making purposes.

9. Chemical processing is defined under the Chemical Weapons Convention as performing physical processes such as mixing, distillation, extraction, purification where the chemical does not change into another chemical.

10. Chemical use is defined under the Chemical Weapons Convention as the transformation of a chemical into another chemical through chemical reactions.

11. Storage of listed chemicals is defined under the Chemical Weapons Convention as the retention and preservation of unused or partially used listed chemicals in specialized storage tanks, containers, or vessels 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 objectives and manage the subjects of the Chemical Weapons Convention, ensuring compliance with the terms of the Chemical Weapons Convention, including international verification measures, and creating a forum for consultation and cooperation among States Parties.

13. A State Party to the Chemical Weapons Convention is a state that has signed and ratified or acceded to the Chemical Weapons Convention and officially becomes a State Party to the Chemical Weapons Convention thirty days after depositing its instrument of ratification or accession with the Secretary-General of the United Nations.

14. A chemical facility is defined under the Chemical Weapons Convention as a place where one or more activities related to the production, processing, use, and storage of chemicals controlled by the Chemical Weapons Convention take place. A chemical facility may be a site consisting of one or more plants, or an independent production unit.

A production unit is a combination of various types of equipment including containers that are necessary for the production, processing, and use of chemicals.

Chemical facilities are classified into Category 1, 2, 3 chemical facilities and DOC, DOC-PSF chemical facilities, wherein:

A single-site facility is a Category 1 chemical production facility for purposes of research, medical, pharmaceutical, or defense and security. At a single-site facility, 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 with a volume over 5 liters does not exceed 500 liters.

Other facilities are Category 1 chemical facilities other than single-site facilities, including: Category 1 chemical production facilities for defense and security purposes with an annual total production not exceeding 10 kilograms; Category 1 chemical production facilities for research, medical, or pharmaceutical purposes with an annual production exceeding 100 grams for a specific chemical but not exceeding 10 kilograms in total; laboratories synthesizing Category 1 chemicals for research, medical, or pharmaceutical purposes with an annual total production of 100 grams or more.

b) A Category 2 chemical facility is a place where one or more activities related to the production, processing, or use of Category 2 chemicals take place;

c) A Category 3 chemical facility is a place where the activity of producing Category 3 chemicals takes place;

d) A DOC, DOC-PSF chemical facility is a place where the activity of producing DOC, DOC-PSF chemicals takes place.

15. Production is defined under the Chemical Weapons Convention as the actual quantity of a specific chemical produced, processed, used, or expected to be produced, processed, or used by a chemical facility in a given year. The production of a chemical may equal or exceed the production capacity of that chemical at the facility.

16. Export and import data verification is the process by which the Organization or the National Authority of Vietnam checks, reviews, and compares export and import data of Category chemicals of organizations and individuals licensed for such purposes to reconfirm the accuracy of reported data or to identify errors that need correction to ensure transparency, accuracy, and honesty in reporting.

17. International inspection is defined under the Chemical Weapons Convention as an on-site inspection conducted by the Organization at a chemical facility subject to inspection that has been reported by a State Party to the Organization to verify the accuracy of the information reported and to certify compliance with the provisions of the Chemical Weapons Convention at the said facility.

a) Initial inspection is the first inspection by the Organization of any chemical facility subject to inspection;

b) Follow-up inspection is an inspection after the initial inspection of a Category 3 chemical facility or a DOC, DOC-PSF chemical facility conducted by the Organization to recheck the accuracy of reports submitted by a State Party to the Organization;

c) Systematic inspection is an inspection after the initial inspection conducted periodically at a Category 1 or 2 chemical facility according to a specific agreement regarding that facility (facility agreement) to check and reconfirm the accuracy of reports submitted by a State Party to the Organization;

d) On-site inspection is an inspection of any chemical facility located within the territory or any place under the jurisdiction of a State Party at any time to clarify allegations of non-compliance with the Chemical Weapons Convention at the said chemical facility. An on-site inspection is based on a request from another State Party and is considered and decided by the Executive Council of the Organization according to the procedures stipulated in Article IX and Part X of the Chemical Weapons Convention;

đ) Facility agreement is an agreement signed between a State Party and the Organization concerning the inspection of a specific chemical facility subject to inspection. A facility agreement is drafted during the initial inspection and is usually established for Category 1 and 2 chemical facilities.

e) Escort team is a group of experts established by the National Authority and reported to the Prime Minister to work in coordination with the Organization's international inspection team during the inspection activities conducted by the international inspection team in Vietnam.

18. A copy is a reproduction from the original or a typed version containing the full and accurate content as recorded in the original.

For direct submissions or through postal services, a copy is a certified copy or a copy accompanied by the original for comparison. For online submissions through the public service system, a copy is a scanned version from the original or a valid electronic version issued by a competent authority.

19. CAS is a unique identification number for chemical elements, chemical compounds, polymers, biological sequences, mixtures, and alloys.

20. Inspection equipment list is defined under the Chemical Weapons Convention as the equipment and tools necessary for the implementation of inspection tasks confirmed by the Organization.

Article 5. Chemical List Table

1. Enact the Chemical List Table 1, Chemical List Table 2, and Chemical List Table 3 attached as Appendix I to this Decree.

2. Supplement exceptions for certain chemicals listed in the Restricted Chemicals List in Appendix II attached to Decree No. 82/2022/NĐ-CP dated October 18, 2022, of the Government amending and supplementing some articles of Decree No. 113/2017/NĐ-CP dated October 9, 2017, of the Government detailing and guiding the implementation of certain provisions of the Chemical Law as follows:

3. Repeal certain chemicals listed in the Conditional Production and Business Chemicals List in Appendix I attached to Decree No. 113/2017/NĐ-CP dated October 9, 2017, of the Government amended and supplemented by Decree No. 82/2022/NĐ-CP dated October 18, 2022, of the Government amending and supplementing some articles of Decree No. 113/2017/NĐ-CP dated October 9, 2017, of the Government detailing and guiding the implementation of certain provisions of the Chemical Law as follows:

4. Repeal certain chemicals listed in the Declaration Required Chemicals List in Appendix V attached to Decree No. 113/2017/NĐ-CP dated October 9, 2017, of the Government amended and supplemented by Decree No. 82/2022/NĐ-CP dated October 18, 2022, of the Government amending and supplementing some articles of Decree No. 113/2017/NĐ-CP dated October 9, 2017, of the Government detailing and guiding the implementation of certain provisions of the Chemical Law as follows:

5. Chemical List Table 1 belongs to the Prohibited Investment and Business Chemicals List as prescribed by the Investment Law.

Article 6. National Agency of Vietnam Implementing the Chemical Weapons Convention

The Chemical Agency (Ministry of Industry and Trade) is designated as the National Agency of Vietnam implementing the Chemical Weapons Convention, serving as the contact point between Vietnam and the Organization and other Member States as stipulated in Clause 4, Article 7 of the Convention.

Article 7. Prevention and Control of the Proliferation of Chemical Weapons

The contents regarding the prevention and control of the proliferation of chemical weapons shall be implemented in accordance with the provisions of Government Decree No. 81/2019/NĐ-CP dated November 11, 2019 on the prevention and control of the proliferation of weapons of mass destruction and other relevant legal documents.

Chapter II

PRODUCTION, BUSINESS, EXPORT, IMPORT,

PROCESSING, USE, STORAGE OF LISTED CHEMICALS;

PRODUCTION OF CHEMICALS DOC, DOC-PSF

Section 1

SAFETY REQUIREMENTS IN THE PRODUCTION AND BUSINESS OF LISTED CHEMICALS;

PRODUCTION OF CHEMICALS DOC, DOC-PSF;

IMPLEMENTATION OF REGULATIONS ON CHEMICAL MANAGEMENT

Article 8. Safety Requirements in the Production and Business of Listed Chemicals; Production of Chemicals DOC, DOC-PSF

1. Facilities producing listed chemicals, chemicals DOC, DOC-PSF must comply with production requirements as stipulated in Article 12 of the Law on Chemicals and Clause 1 and Clause 2 of Article 4, Clause 1 and Clause 2 of Article 5, and Clause 1 and Clause 2 of Article 6 of Government Decree No. 113/2017/NĐ-CP dated October 9, 2017 detailing and guiding the implementation of certain provisions of the Law on Chemicals (hereinafter referred to as Decree No. 113/2017/NĐ-CP).

2. Businesses dealing in listed chemicals must comply with business requirements as stipulated in Article 12 of the Law on Chemicals and Clause 2 of Article 4, Clause 1 and Clause 2 of Article 5, and Clause 1 and Clause 2 of Article 6 of Decree No. 113/2017/NĐ-CP.

Article 9. Implementation of Regulations on Chemical Management

1. Plans and Measures for Preventing and Responding to Chemical Incidents

Organizations and individuals engaged in the production, business, processing, use, and storage of listed chemicals; production of chemicals DOC, DOC-PSF must comply with regulations on preventing and responding to chemical incidents as stipulated in Articles 36, 37, 39, and 42 of the Law on Chemicals; Articles 20 and 21 of Decree No. 113/2017/NĐ-CP, amended and supplemented by Government Decree No. 82/2022/NĐ-CP dated October 18, 2022 amending and supplementing certain articles of Decree No. 113/2017/NĐ-CP dated October 9, 2017 detailing and guiding the implementation of certain provisions of the Law on Chemicals (hereinafter referred to as Decree No. 82/2022/NĐ-CP).

2. Classification, Labeling, and Safety Data Sheets for Chemicals

Organizations and individuals producing and importing listed chemicals; producing chemicals DOC, DOC-PSF must be responsible for classifying, labeling, and preparing Safety Data Sheets for listed chemicals, chemicals DOC, DOC-PSF before they are put into use and circulated in the market as stipulated in Articles 27, 28, and 29 of the Law on Chemicals; Articles 23 and 24 of Decree No. 113/2017/NĐ-CP, amended and supplemented by Decree No. 82/2022/NĐ-CP.

3. Purchase and Sale Control Forms for Toxic Chemicals

Organizations and individuals buying and selling listed chemicals, chemicals DOC, DOC-PSF must prepare Purchase and Sale Control Forms for toxic chemicals as stipulated in Article 23 of the Law on Chemicals if the chemicals have any of the hazardous characteristics specified from Point d to Point n of Clause 4 of Article 4 of the Law on Chemicals.

4. Chemical Safety Training

Organizations and individuals producing listed chemicals, chemicals DOC, DOC-PSF, engaging in business, export and import, processing, use, and storage of listed chemicals must comply with regulations on chemical safety training as stipulated in Articles 31, 32, 33, and 34 of Decree No. 113/2017/NĐ-CP, amended and supplemented by Decree No. 82/2022/NĐ-CP.

5. Blending and Packaging of Listed Chemicals

Requirements for blending and packaging of listed chemicals shall be implemented in accordance with the provisions of Article 7 of Decree No. 113/2017/NĐ-CP.

6. Provision and Storage of Information on Chemicals

Organizations and individuals producing listed chemicals, chemicals DOC, DOC-PSF, engaging in business, export and import, processing, use, and storage of listed chemicals must be responsible for providing and storing information about chemicals as stipulated in Articles 49 and 53 of the Law on Chemicals.

7. Transport of Listed Chemicals, Chemicals DOC, DOC-PSF

Organizations and individuals transporting listed chemicals, chemicals DOC, DOC-PSF must comply with regulations on the transport of dangerous goods under laws on roadways, inland waterways, railways, civil aviation, maritime, related international treaties that Vietnam is a member of, and other relevant laws.

Section 2

PRODUCTION, BUSINESS OF LISTED CHEMICALS;

PRODUCTION OF CHEMICALS DOC, DOC-PSF

1. Production Conditions

a) Being a business established in accordance with the provisions of the law;

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

c) The Director or Deputy Director of Technical Affairs or technical staff responsible for chemical production activities must have a degree of bachelor level or higher in chemistry;

d) The subjects specified in Article 32 of Decree No. 113/2017/NĐ-CP must be trained in chemical safety.

2. Conditions for trading

a) Being a business established in accordance with the provisions of the law;

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

c) Must have storage facilities or have contracts to rent storage facilities for chemicals or use storage facilities of organizations or individuals purchasing or selling chemicals that meet the conditions for safe storage of chemicals and fire prevention and explosion protection;

d) The person in charge of chemical safety at the trading facility for Chemicals Table must have a diploma level or higher in chemistry;

đ) The subjects specified in Article 32 of Decree No. 113/2017/NĐ-CP must be trained in chemical safety.

3. For production facilities of Chemicals Table 1, in addition to meeting the conditions prescribed in Clause 1 of this Article, they must also meet the following condition:

a) They can only produce Chemicals Table 1 for one or several special purposes as provided in Clause 2, Article 6 of the Investment Law, including analysis, testing, scientific research, healthcare, pharmaceutical production, criminal investigation, national defense, and security;

b) The scale of production at single-unit facilities shall not exceed a reactor volume of 100 liters, and the total volume of reactors larger than 5 liters shall not exceed 500 liters. At other facilities, the total annual production shall not exceed 10 kilograms for protective purposes; the production of each chemical shall not exceed 100 grams annually but the total annual production for research, healthcare, and pharmaceutical purposes shall not exceed 10 kilograms; the total annual production for laboratories shall not exceed 100 grams.

4. For production and trading facilities of Chemicals Table 2 and Chemicals Table 3, in addition to meeting the conditions prescribed in Clauses 1 and 2 of this Article, they must also meet the condition: They can only produce and trade Chemicals Table 2 and Chemicals Table 3 for purposes not prohibited under Article 3 of this Decree.

1. The Ministry of Industry and Trade is the competent authority to receive applications, assess, evaluate actual conditions, and report to the Prime Minister for issuing, reissuing, and amending permits to produce Chemicals Table 1.

2. Application Documents for Issuing a Permit to Produce Chemicals Table 1

a) A request for issuance of a permit to produce Chemicals Table 1 as specified in Model No. 01 of Appendix II issued together with this Decree;

b) A detailed description of production conditions as specified in Model No. 05 of Appendix II issued together with this Decree. It must clearly state the scale of production at single-unit facilities, where the reactor volume does not exceed 100 liters, and the total volume of reactors larger than 5 liters does not exceed 500 liters. At other facilities, the total annual production shall not exceed 10 kilograms for protective purposes; the production of each chemical shall not exceed 100 grams annually but the total annual production for research, healthcare, and pharmaceutical purposes shall not exceed 10 kilograms; the total annual production for laboratories shall not exceed 100 grams. Copies of documents proving the right to use land for construction of factories and warehouses or rental contracts for factories and warehouses;

c) Copies of diplomas of bachelor level or higher in chemistry of the Director or Deputy Director of Technical Affairs or technical staff responsible for chemical production activities;

d) Copies of decisions recognizing the results of chemical safety training as stipulated in Article 34 of Decree No. 113/2017/NĐ-CP, amended and supplemented by Decree No. 82/2022/NĐ-CP;

đ) Copies of decisions approving or documents confirming relevant materials related to environmental protection as required by law issued by competent state management agencies;

e) Copies of approvals from the Fire Prevention and Fighting Police Department on the completion of fire prevention and fighting inspections for each production facility subject to design review for fire prevention and fighting;

Copies of inspection records for fire prevention and fighting or documents from competent authorities certifying compliance with fire prevention and fighting conditions for each production facility not subject to mandatory design review for fire prevention and fighting;

g) A commitment to produce Chemicals Table 1 for one or several special purposes as provided in Clause 2, Article 6 of the Investment Law, including analysis, testing, scientific research, healthcare, pharmaceutical production, criminal investigation, national defense, and security.

3. Procedures and Processes for Assessing and Issuing Permits to Produce Chemicals Table 1

a) Organizations and individuals applying for a permit must submit one set of application documents as prescribed in Clause 2 of this Article through postal service, direct submission, or online public service system to the Ministry of Industry and Trade;

b) In cases where the application documents are incomplete or invalid, within three working days from the date of receipt, the Ministry of Industry and Trade will notify the organization or individual to supplement and complete the documents. The time taken to complete the documents will not be counted towards the permit issuance period specified in point c of this clause;

c) Within 16 days from the date of receiving valid application documents as prescribed in Clause 2 of this Article, the Ministry of Industry and Trade is responsible for reviewing and assessing the documents and inspecting actual conditions. If the conditions for production are met, within three working days, the Ministry of Industry and Trade will submit to the Prime Minister for issuance of a permit to produce Chemicals Table 1 according to Model No. 03 of Appendix II issued together with this Decree. If the conditions are not met, within three working days, the Ministry of Industry and Trade will issue a document refusing the permit, stating the reasons.

d) In case of necessity, the Ministry of Industry and Trade shall seek written opinions from the specialized state management agency before submitting to the Prime Minister for the issuance of the Permit. The time limit for seeking opinions shall not exceed five working days, excluding the time for sending and receiving documents and shall not be counted towards the permit issuance period stipulated herein. If the specialized state management agency does not provide written comments within the above time limit, it shall be deemed to have agreed with the permit issuance request of the organization or individual.

4. Documents and procedures for reissuing the Permit

a) In cases where the Permit is lost, contains errors, is damaged, or there are changes in the information of the organization or individual, the organization or individual shall prepare one set of documents to apply for reissuance of the Permit and submit them to the Ministry of Industry and Trade via postal service, direct submission, or through the online public service system;

b) The documents for applying for reissuance of the Permit include: A written application for reissuance of the Permit according to the form prescribed in Form No. 01 of Appendix II issued together with this Decree; the original Permit that has been issued in cases where the Permit contains errors or there are changes in the registration information of the organization or individual; the remaining part of the original Permit that can still be identified in cases where the Permit is damaged (if applicable);

c) Within five working days from the date of receipt of complete and valid documents, the Ministry of Industry and Trade shall examine and submit to the Prime Minister for reissuance of the Permit to the organization or individual. In cases where the Prime Minister decides not to reissue the Permit, the Ministry of Industry and Trade shall issue a written response stating the reasons.

5. Documents and procedures for amending the Permit

a) In cases where there are changes in the production location of chemicals; type, scale, or category of chemicals produced, the organization or individual shall prepare one set of documents to apply for amendment of the Permit and submit them to the Ministry of Industry and Trade via postal service, direct submission, or through the online public service system;

b) The documents for applying for amendment of the Permit include: A written application for amendment of the Permit according to the form prescribed in Form No. 01 of Appendix II issued together with this Decree; the original Permit that has been issued; documents and materials proving compliance with the production conditions for the amended contents;

c) The procedure for amending the Permit shall be carried out like issuing a new Permit.

1. The Ministry of Industry and Trade is the competent authority responsible for receiving documents, assessing actual conditions, issuing, reissuing, and amending the Permit for producing and trading Chemicals List 2, Chemicals List 3.

2. Documents for applying for a production Permit for Chemicals List 2, Chemicals List 3

a) A request for issuance of a permit to produce Chemicals Table 1 as specified in Model No. 01 of Appendix II issued together with this Decree;

b) An explanatory statement on production conditions as prescribed in Form No. 05 of Appendix II issued together with this Decree. A copy of the document proving the right to use the land plot for constructing factory buildings or warehouses, or a Lease Contract for factory buildings or warehouses;

c) A copy of the University degree or higher in chemical engineering of the General Director or Deputy General Director for Technology or technical staff responsible for chemical production activities for chemical production facilities;

d) Copies of decisions recognizing the results of chemical safety training as stipulated in Article 34 of Decree No. 113/2017/NĐ-CP, amended and supplemented by Decree No. 82/2022/NĐ-CP;

đ) Copies of decisions approving or documents confirming relevant materials related to environmental protection as required by law issued by competent state management agencies;

e) Copies of approvals from the Fire Prevention and Fighting Police Department on the completion of fire prevention and fighting inspections for each production facility subject to design review for fire prevention and fighting;

Copies of inspection records for fire prevention and fighting or documents from competent authorities certifying compliance with fire prevention and fighting conditions for each production facility not subject to mandatory design review for fire prevention and fighting;

g) A commitment to produce Chemicals List 2, Chemicals List 3 for purposes not prohibited under Article 3 of this Decree.

3. Documents for applying for a trading Permit for Chemicals List 2, Chemicals List 3

a) A written application for a trading Permit for Chemicals as prescribed in Form No. 01 of Appendix II issued together with this Decree;

b) A declaration of trading points;

c) A copy of the Decision approving or confirmation documents related to environmental protection in accordance with the law issued by the competent state management agency;

d) A copy of the document approving the fire prevention and firefighting acceptance results issued by the Fire Prevention and Fighting Police Department for each warehouse storing chemicals subject to design review for fire prevention and firefighting;

A copy of the Inspection Record on fire prevention and firefighting safety or a document from the competent authority proving compliance with fire prevention and firefighting safety conditions for each warehouse storing chemicals not subject to mandatory design review for fire prevention and firefighting;

đ) An explanatory statement on trading conditions as prescribed in Form No. 05 of Appendix II issued together with this Decree; a copy of the document proving the right to use the land plot for constructing warehouses, or a Lease Contract for warehouses in the case of leasing warehouses, or a Purchase Agreement or agreement for selling chemicals in the case of using warehouses of organizations or individuals purchasing or selling chemicals;

e) A declaration of technical equipment, labor protective equipment, and safety equipment at each trading point for chemicals;

g) A copy of the College degree or higher in chemical engineering of the person responsible for chemical safety;

h) A copy of the Decision recognizing the results of chemical safety training inspection in accordance with Article 34 of Decree No. 113/2017/ND-CP, amended and supplemented by Decree No. 82/2022/ND-CP;

i) A commitment to trade Chemicals List 2, Chemicals List 3 for purposes not prohibited under Article 3 of this Decree.

4. Documents for applying for a Permit for producing and trading Chemicals List 2, Chemicals List 3

a) A written application for a Permit for producing and trading Chemicals as prescribed in Form No. 01 of Appendix II issued together with this Decree;

b) A declaration of production facilities and trading points for chemicals;

c) A copy of the Decision approving or confirmation documents related to environmental protection in accordance with the law issued by the competent state management agency for each production facility, chemical storage warehouse;

d) A copy of the document approving the fire prevention and firefighting acceptance results issued by the Fire Prevention and Fighting Police Department for each production facility, chemical storage warehouse subject to design review for fire prevention and firefighting.

A copy of the Inspection Record on fire prevention and firefighting safety or a document from the competent authority proving compliance with fire prevention and firefighting safety conditions for each production facility, chemical storage warehouse not subject to design review for fire prevention and firefighting;

d) A statement regarding the production and business conditions as specified in Form No. 05 of Appendix II issued together with this Decree.

A copy of the document proving the right to use the land plot for constructing the production facility, chemical storage warehouse, or Lease Agreement for factory premises, warehouse, Purchase Contract or agreement for chemical sale in cases where organizations or individuals engaged in business use warehouses belonging to organizations or individuals who buy or sell chemicals.

e) An inventory of technical equipment, labor protection facilities, and safety equipment of each chemical production and business facility.

g) A copy of the Bachelor's degree or higher in chemistry of the General Director or Deputy General Director for Technology or the technical staff responsible for chemical production activities at the production facility; A copy of the Secondary Technical School degree or higher in chemistry of the person in charge of chemical safety.

h) A copy of the decision recognizing the results of chemical safety training examination of organizations or individuals as prescribed in Article 34 of Decree No. 113/2017/NĐ-CP, amended and supplemented by Decree No. 82/2022/NĐ-CP.

i) A commitment to produce and trade in Chemical List 2 and Chemical List 3 for purposes not prohibited as stipulated in Article 3 of this Decree.

5. The procedure and process for reviewing and issuing the Production and Business Permit for Chemical List 2 and Chemical List 3.

a) Organizations or individuals requesting the issuance of the Permit shall prepare one set of documents as prescribed in Clause 2, Clause 3, and Clause 4 of this Article and send it through postal service or submit directly or via the online public service system to the Ministry of Industry and Trade.

b) In case the documents are incomplete or invalid, within three days from the date of receipt of the documents, the Ministry of Industry and Trade will notify the organization or individual to supplement and complete the documents. The time required to complete the documents is not included in the permit issuance period as prescribed in Point c of this Clause.

c) Within sixteen working days from the date of receiving valid documents as prescribed in Clause 2, Clause 3, and Clause 4 of this Article, the Ministry of Industry and Trade shall be responsible for examining, reviewing the documents, inspecting actual conditions, and issuing the Permit to the organization or individual according to the model in Appendix II of this Decree. If the Permit is not issued, the Ministry of Industry and Trade shall issue a written response stating the reasons.

d) In cases where Chemical List 2 and Chemical List 3 are produced and traded for specialized purposes (healthcare, pharmaceuticals, agriculture, security, defense), when necessary, the Ministry of Industry and Trade shall seek written opinions from the specialized management ministries before issuing the Permit. The time for seeking opinions shall not exceed five working days, excluding the time for sending and receiving documents and not counting towards the permit issuance period as stipulated in this Article. Beyond this deadline, if the specialized management ministry does not provide written comments, it shall be deemed to agree with the permit issuance request of the organization or individual.

đ) After issuing the Permit, the Ministry of Industry and Trade shall send one copy of the Permit to the Department of Industry and Trade at the location where the organization or individual has its main office for coordination in monitoring and managing.

6. Exemption from obtaining a Business Permit for Chemical List 2 and Chemical List 3 with concentrations below 1%.

7. Documents, procedures, and processes for reissuing the Production and Business Permit for Chemical List 2 and Chemical List 3.

a) In cases where the Production and Business Permit for Chemical List 2 and Chemical List 3 is lost, erroneous, damaged, or there are changes in the registration information of the organization or individual, the organization or individual shall prepare one set of documents to request the reissue of the Permit and send it to the Ministry of Industry and Trade through postal service or submit directly or via the online public service system.

b) The documents for requesting the reissue of the Permit include: A written request for reissuance of the Permit; the original Permit that has been issued in cases where the Permit is erroneous or there are changes in the information of the organization or individual; the remaining part of the original Permit that can still be identified in cases where the Permit is damaged (if applicable).

c) Within five working days from the date of receiving complete and valid documents, the Ministry of Industry and Trade shall check and reissue the Permit to the organization or individual while sending one copy to the Department of Industry and Trade at the location where the organization or individual has its production and business facility. In case the Permit is not reissued, the Ministry of Industry and Trade shall issue a written response stating the reasons.

8. Documents, procedures, and processes for amending the Production and Business Permit for Chemical List 2 and Chemical List 3.

a) In cases where there are changes in the location of the production and business facility for Chemical List 2 and Chemical List 3; type, scale, or category of chemicals, the organization or individual shall prepare one set of documents to request the amendment of the Permit and send it to the Ministry of Industry and Trade through postal service or submit directly or via the online public service system.

b) The documents for requesting the amendment of the Permit include: A written request for amendment of the Permit; the original Permit that has been issued; documents and materials proving compliance with the production and business conditions for the amended contents.

c) The procedures and processes for amending the Permit are the same as those for issuing a new Permit.

1. The evaluation of actual conditions of production and business premises for Table Chemicals includes on-site observations of the premises to ensure safety requirements related to chemicals; reviewing and checking documents, files, and other relevant activities.

2. The contents of the evaluation of actual conditions for production and business premises for Table Chemicals are specified in Model No. 06 of Appendix II issued together with this Decree. During the evaluation of actual conditions for production and business premises for Table Chemicals, the evaluation team records the evaluation minutes as prescribed in Model No. 07 of Appendix II issued together with this Decree.

3. The Ministry of Industry and Trade establishes the evaluation team for the actual conditions of production and business premises for Table Chemicals. The evaluation team consists of at least three members including two members from the Ministry of Industry and Trade (one of whom is the Team Leader) and one member representing the Department of Industry and Trade where the main office or storage facility of the organization or individual producing and trading in Table Chemicals is located.

1. The competent authority issuing the Production and Business Permit for Table Chemicals is also the competent authority to revoke such permit.

2. The revocation of the permit shall be carried out in accordance with the provisions of Article 18 of the Law on Chemicals and guiding documents.

1. Organizations and individuals are only permitted to produce and trade in Table Chemicals after being granted the Production and Business Permit for Table Chemicals by the competent authority and complying with fire prevention and environmental protection laws.

2. Maintain the conditions for producing and trading in Table Chemicals throughout the production and trading process and comply with chemical management regulations stipulated in Articles 8, 9, and 10 of this Decree after obtaining the permit.

3. Must maintain a separate record of purchases and sales of Table Chemicals. The record contains the following information: name of Table Chemicals, concentration, quantity exported, imported, purchased, sold, and stored; customer name including details such as main office address, business address, phone number, purpose of purchasing and selling Table Chemicals.

4. Implement reporting requirements as stipulated in Articles 23, 24, and 25 of this Decree; implement inspection, audit, and supervision requirements as stipulated in Chapter IV of this Decree.

5. Retain the Production and Business Permit for Table Chemicals at the production and business premises as a basis for organizations and individuals to carry out safety control at chemical facilities and present it to competent authorities when requested.

6. Bear legal responsibility for cases where Table Chemicals are lost or misplaced during transportation; lost or misplaced at the premises.

Article 16. Requirements for production facilities of DOC, DOC-PSF Chemicals

1. Ensure requirements in production and chemical management regulations as stipulated in Articles 8 and 9 of this Decree.

2. Implement reporting as stipulated in Article 26 of this Decree.

3. Production facilities of DOC Chemicals with an annual output exceeding 200 tons and DOC-PSF Chemicals with an annual output exceeding 30 tons must comply with inspection, audit, and supervision requirements as stipulated in Chapter IV of this Decree.

Section 3

IMPORT AND EXPORT OF TABLE CHEMICALS

1. Organizations and individuals may only import and export chemicals from Table 1 and Table 2 from member states of the Chemical Weapons Convention. In cases where the export of chemicals from Table 3 is carried out with organizations and individuals of a country that is not a member of the Convention, a final use certificate issued by the competent authority of that country must be obtained.

2. Organizations and individuals importing and exporting chemicals from Tables must have an import/export permit issued by the competent authority. The import/export permit for chemicals from Tables is a condition for clearance when importing and exporting such chemicals.

3. Organizations and individuals may only be permitted to import chemicals from Tables for business purposes after obtaining a business permit for chemicals from Tables issued by the competent authority.

4. Organizations and individuals importing and exporting chemicals from Tables shall comply with the reporting requirements set forth in Articles 23, 24, and 25 of this Decree; they shall also comply with the inspection and supervision requirements set forth in Articles 34 and 35 of this Decree.

5. Organizations and individuals importing chemicals from Tables for use in production processes must comply with the requirements stipulated in Articles 21 and 22 of this Decree.

6. Organizations and individuals who have been granted an import permit for chemicals from Tables are exempted from the reporting requirements for chemicals listed in the Declaration List under the Law on Chemicals and Decree No. 113/2014/NĐ-CP, amended and supplemented by Decree No. 82/2022/NĐ-CP.

1. The Ministry of Industry and Trade is the agency responsible for receiving applications to issue, reissue, amend, and extend permits for exporting and importing chemicals from Table 1 to the Prime Minister.

2. Application documents for issuing a permit for exporting and importing chemicals from Table 1

a) A request for issuance of an export/import permit for chemicals from Table 1 as specified in Model Form 02 of Appendix II attached to this Decree;

b) A copy of the Business Registration Certificate or Cooperative Registration Certificate or Individual Business Registration Certificate;

c) A copy of one of the following documents: contract, purchase agreement, invoice, bill of lading clearly stating the name, quantity of chemicals from Table, expected export and import time, and the countries of intended export and import;

d) Safety data sheet for chemicals (in Vietnamese).

3. Procedures and formalities for issuing a permit for importing and exporting chemicals from Table 1

a) Organizations and individuals requesting a permit must submit one complete application package as prescribed in Clause 2 of this Article through postal service, direct submission, or online public service system to the Ministry of Industry and Trade;

b) In cases where the application documents are incomplete or invalid, within three working days from the date of receipt, the Ministry of Industry and Trade will notify the organization or individual to supplement and complete the documents. The time taken to complete the documents will not be counted towards the permit issuance period specified in point c of this clause;

c) Within seven working days from the date of receipt of a complete application, the Ministry of Industry and Trade will review and submit the application to the Prime Minister for issuance of an import/export permit for chemicals from Table 1. If the Prime Minister does not issue the permit, the Ministry of Industry and Trade will provide a written response detailing the reasons;

d) The import/export permit for chemicals from Table 1 is specified in Model Form 04 of Appendix II attached to this Decree and has a validity period of six months from the date of issuance;

đ) In case of necessity, the Ministry of Industry and Trade will seek written opinions from specialized management ministries before submitting the application to the Prime Minister for approval. The time for seeking opinions shall not exceed five working days, excluding the time for sending and receiving documents and shall not be counted towards the permit issuance period stipulated herein. Beyond this period, if the specialized management ministry does not provide written comments, it shall be deemed to agree with the permit application of the organization or individual.

4. Documents, procedures for reissuing a Chemical Prohibition Production Permit

a) In case the permit is lost, erroneous, damaged, or there is a change in the registration information of the organization or individual, the organization or individual must submit one complete application package for reissuance of the permit through postal service, direct submission, or online public service system to the Ministry of Industry and Trade;

b) The documents for requesting the reissue of the Permit include: A written request for reissuance of the Permit; the original Permit that has been issued in cases where the Permit is erroneous or there are changes in the information of the organization or individual; the remaining part of the original Permit that can still be identified in cases where the Permit is damaged (if applicable).

c) Within five working days from the date of receipt of a complete and valid application, the Ministry of Industry and Trade will review and submit the application to the Prime Minister for reissuance of the permit to the organization or individual. If the Prime Minister does not reissue the permit, the Ministry of Industry and Trade will provide a written response detailing the reasons;

d) The validity period of the reissued permit is equal to the remaining validity period of the previously issued permit;

5. Documents, procedures for amending a Chemical Prohibition Production Permit

a) In case of changes in the content of contracts, purchase agreements, orders, memorandums, or invoices, the organization or individual must submit one complete application package for amendment of the permit through postal service, direct submission, or online public service system to the Ministry of Industry and Trade;

b) The application package for amending the permit includes: A request for amendment of the permit; documents and materials confirming the amended contents;

c) The procedure for amending the Permit shall be carried out like issuing a new Permit.

6. Documents and formalities for extending the permit

a) The permit can be extended in cases where the expiration date stated in the export/import permit as specified in Clause 3 of this Article has passed but the export or import process has not been completed. The permit can only be extended once;

b) At least ten working days before the expiration date of the permit, organizations and individuals wishing to extend the permit must submit one complete application package for extension of the permit through postal service, direct submission, or online public service system to the Ministry of Industry and Trade;

c) The application package for extending the permit includes: A request for extension of the permit; a copy of the previously issued permit;

d) Within five working days from the date of receipt of a complete and valid application, the Ministry of Industry and Trade will review and submit the application to the Prime Minister for extension of the permit to the organization or individual. If the Prime Minister does not extend the permit, the Ministry of Industry and Trade will provide a written response detailing the reasons;

đ) The Permit may be extended for no more than six months from the date of issuance of the extension.

1. The Ministry of Industry and Trade is the agency responsible for receiving applications for issuing, reissuing, amending, and extending permits for exporting and importing chemicals from Table 2 and Table 3.

2. Application documents for issuing a permit for exporting and importing chemicals from Table 2 and Table 3

a) A request for issuance of an export/import permit for chemicals from Table 1 as specified in Model Form 02 of Appendix II attached to this Decree;

b) A copy of the Business Registration Certificate or Cooperative Registration Certificate or Individual Business Registration Certificate;

c) A copy of one of the following documents: contract, purchase agreement, invoice, bill of lading clearly stating the name, quantity of chemicals from Table, expected export and import time, and the countries of intended export and import;

d) Safety data sheet for chemicals (in Vietnamese);

đ) A copy of the final use certificate issued by the competent authority of the importing country that is not a member of the Chemical Weapons Convention (in cases of exporting chemicals from Table 3 to a country that is not a member of the Chemical Weapons Convention).

3. Procedures and formalities for issuing Export and Import Permits for Chemicals List 2 and Chemicals List 3

a) Organizations and individuals requesting issuance of the Permit shall prepare one set of documents as prescribed in Clause 2 of this Article and submit them via postal service, direct submission, or through the online public service system to the Ministry of Industry and Trade;

b) In cases where the application documents are incomplete or invalid, within three working days from the date of receipt, the Ministry of Industry and Trade will notify the organization or individual to supplement and complete the documents. The time taken to complete the documents will not be counted towards the permit issuance period specified in point c of this clause;

c) Within seven working days from the date of receipt of complete documents, the Ministry of Industry and Trade shall examine and issue Export and Import Permits for Chemicals List 2 and Chemicals List 3. In case of non-issuance of the Permit, the Ministry of Industry and Trade shall provide a written response specifying the reasons;

d) The Export and Import Permit for Chemicals List 2 and Chemicals List 3 specified in Model No. 04 of Appendix II issued together with this Decree shall have a validity period of six months from the date of issuance;

đ) In cases of exporting or importing Chemicals List 1, Chemicals List 2, and Chemicals List 3 for specialized purposes (healthcare, pharmaceuticals, agriculture, security, defense), when necessary, the Ministry of Industry and Trade shall seek written opinions from the competent specialized management agency before issuing the permit. The time limit for seeking opinions is a maximum of five working days, excluding the time for sending and receiving documents, and not counting towards the permit issuance time limit stipulated in this Article. If the specialized management agency does not provide written comments within the above period, it shall be deemed to agree with the permit issuance request of the organization or individual;

4. Exemption from issuance of Export and Import Permits for Chemicals List 2 and Chemicals List 3 with concentrations below 1%;

5. Documents, procedures, and formalities for reissuing Export and Import Permits

a) In case the permit is lost, erroneous, damaged, or there is a change in the registration information of the organization or individual, the organization or individual must submit one complete application package for reissuance of the permit through postal service, direct submission, or online public service system to the Ministry of Industry and Trade;

b) Documents for reissuing the Permit include: A written request for reissuance of the Permit; the original Permit previously issued in case of errors or changes in information of the organization or individual; the remaining part of the original Permit that can still be identified in case of damage;

c) Within five working days from the date of receipt of valid documents, the Ministry of Industry and Trade shall examine and reissue the Permit for the organization or individual. In case of non-reissuance of the Permit, the Ministry of Industry and Trade shall provide a written response specifying the reasons;

d) The validity period of the reissued permit is equal to the remaining validity period of the previously issued permit;

6. Documents, procedures, and formalities for issuing amended Export and Import Permits

a) In case of changes in the content of contracts, purchase agreements, orders, memorandums, or invoices, the organization or individual must submit one complete application package for amendment of the permit through postal service, direct submission, or online public service system to the Ministry of Industry and Trade;

b) The application package for amending the permit includes: A request for amendment of the permit; documents and materials confirming the amended contents;

c) The validity period of the amended Export and Import Permit shall be implemented as if it were a newly issued Permit;

7. Documents and formalities for extending Export and Import Permits

a) The permit can be extended in cases where the expiration date stated in the export/import permit as specified in Clause 3 of this Article has passed but the export or import process has not been completed. The permit can only be extended once;

b) At least five working days before the Permit expires, organizations and individuals requiring an extension of the Permit must prepare one set of documents for requesting an extension of the Permit and submit them to the Ministry of Industry and Trade via postal service, direct submission, or through the online public service system;

c) The application package for extending the permit includes: A request for extension of the permit; a copy of the previously issued permit;

d) Within five working days from the date of receipt of valid documents, the Ministry of Industry and Trade shall examine and extend the Permit for the organization or individual. In case of non-extension of the Permit, the Ministry of Industry and Trade shall provide a written response specifying the reasons;

đ) The Permit may be extended for no more than six months from the date of issuance of the extension.

8. Acceptance of documents, issuance, reissuance, amendment, and extension of Export and Import Permits for Chemicals List 2 and Chemicals List 3 shall be conducted through the National Single Window Portal;

9. At the time of implementing import and export procedures for Chemicals List 2 and Chemicals List 3, organizations and individuals are not required to present a Business Permit for Chemicals List 2 and Chemicals List 3 to customs authorities;

1. The authority issuing Export and Import Permits for Chemicals List is the authority responsible for revoking such permits;

2. The revocation of the permit shall be carried out in accordance with the provisions of Article 18 of the Law on Chemicals and guiding documents.

Section 4

PROCESSING, USE, AND STORAGE OF CHEMICALS LIST

Article 21. Requirements for processing, using, and storing Chemicals List

1. Organizations and individuals processing, using, and storing Chemicals List to produce other products or goods must comply with the provisions of Chapter V of the Law on Chemicals and implement the provisions of Article 8 of this Decree;

2. Organizations and individuals processing, using, and storing Chemicals List 1 must comply with the reporting requirements stipulated in Article 23 of this Decree. Organizations and individuals processing and using Chemicals List 2 must comply with the reporting requirements stipulated in Article 24 of this Decree;

3. Organizations and individuals processing, using, and storing Chemicals List must comply with the inspection regulations stipulated in Chapter IV of this Decree;

Article 22. Records of Processing and Using Chemicals List

1. Facilities processing and using Chemicals List must establish records of processing and using Chemicals List, including:

a) A logbook for processing and using Chemicals List;

b) Safety data sheets for chemicals in accordance with Article 24 of Decree No. 113/2017/ND-CP, amended and supplemented by Decree No. 82/2022/ND-CP;

2. Information recorded in the logbook for processing and using Chemicals List must be updated with full details including: scientific name, trade name, chemical formula of the chemical; quantity of processed or used chemicals, related information on chemical incidents, chemical safety (if applicable); new characteristics and effects causing danger of the chemical (if applicable);

3. The logbook for processing and using Chemicals List and safety data sheets must be kept at the facility processing and using Chemicals List for a period of three years from the end date of processing and using the chemical;

Chapter III
REPORTING ON CHEMICALS LIST, CHEMICALS DOC, DOC-PSF

Article 23. Reporting on Chemicals in Table 1

1. Organizations and individuals producing, importing, exporting, processing, using, or storing chemicals in Table 1 must report to the Chemicals Administration in accordance with Form No. 08 attached as Appendix II of this Decree.

2. The specific reporting time is as follows:

a) At least 210 days before the facility begins operation (in accordance with Form No. 08a attached as Appendix II) or before making additions, adjustments, or changes to existing activities (in accordance with Form No. 08b attached as Appendix II);

b) At least 45 days before implementing export or import activities (in accordance with Form No. 08c attached as Appendix II);

c) Before February 15 each year, submit reports on activities carried out in the previous year and planned activities for the following year (in accordance with Form No. 08d attached as Appendix II). Annual reports shall be submitted through the National Chemicals Database.

Article 24. Reporting on Chemicals in Table 2

1. Organizations and individuals producing, trading, importing, exporting, processing, or using chemicals in Table 2 with a production volume of at least 01 kg/year for one chemical in Table 2A*, 100 kg/year for one chemical in Table 2A, 01 ton/year for one chemical in Table 2B, or with a concentration of at least 1% for chemicals in Table 2A* and 2A, and at least 30% for chemicals in Table 2B must report to the Chemicals Administration in accordance with Form No. 09 attached as Appendix II of this Decree.

2. The specific reporting time is as follows:

a) At least 60 days before the facility begins operation (in accordance with Form No. 09a attached as Appendix II);

b) At least 30 days before making additions, adjustments, or changes to existing activities (in accordance with Form No. 09b attached as Appendix II);

c) Before February 15 each year, submit reports on activities carried out in the previous year and planned activities for the following year (in accordance with Form No. 09c attached as Appendix II). Annual reports shall be submitted through the National Chemicals Database.

Article 25. Reporting on Chemicals in Table 3

1. Organizations and individuals producing, trading, importing, or exporting chemicals in Table 3 with a concentration of at least 30% must report to the Chemicals Administration in accordance with Form No. 10 attached as Appendix II of this Decree.

2. The specific reporting time is as follows:

a) At least 60 days before the facility begins operation (in accordance with Form No. 10a attached as Appendix II);

b) At least 30 days before making additions, adjustments, or changes to existing activities (in accordance with Form No. 10b attached as Appendix II);

c) Before February 15 each year, submit reports on activities carried out in the previous year and planned activities for the following year (in accordance with Form No. 10c attached as Appendix II). Annual reports shall be submitted through the National Chemicals Database.

Article 26. Reporting on Chemicals DOC, DOC-PSF

1. Organizations and individuals producing chemicals DOC with a production volume of at least 200 tons/year and producing chemicals DOC-PSF with a production volume of at least 30 tons/year must report to the Chemicals Administration as specified in Form No. 11 attached as Appendix II of this Decree.

2. The specific reporting time is as follows:

a) At least 60 days before the facility begins operation (in accordance with Form No. 11a attached as Appendix II);

b) At least 30 days before making additions, adjustments, or changes to existing activities (in accordance with Form No. 11b attached as Appendix II);

c) Before February 15 each year, submit reports on activities carried out in the previous year and planned activities for the following year (in accordance with Form No. 11c attached as Appendix II). Annual reports shall be submitted through the National Chemicals Database.

Chapter IV

PROVISIONS ON INSPECTION AND AUDIT, MONITORING

Section 1

INTERNATIONAL INSPECTION

Article 27. Objects of Inspection

1. Chemical facilities listed in Table 1 are initial and systematic inspection objects of the Organization.

2. Chemical facilities listed in Table 2 are initial and systematic inspection objects of the Organization if they have production volumes equal to or exceeding the following thresholds:

a) 10 kilograms per year for one chemical listed in Table 2A*;

b) One ton per year for one chemical listed in Table 2A;

c) Ten tons per year for one chemical listed in Table 2B.

3. Chemical facilities listed in Table 3 with production volumes of 200 tons per year or more are initial and re-inspection objects of the Organization.

4. Production facilities for chemical DOC with production volumes over 200 tons per year and production facilities for chemical DOC-PSF with production volumes over 30 tons per year are initial and re-inspection objects of the Organization.

5. The Organization may conduct surprise inspections at any chemical facility listed in Table 1, Table 2, Table 3, and DOC, DOC-PSF facilities when there are allegations of Convention violations regarding chemical weapons.

Article 28. Responsibilities of Inspected Facilities

1. Fully comply with the inspection regulations of the Organization; follow the escort team's guidance during the inspection process at the facility; cooperate and facilitate conditions for the Organization's International Inspection Team to complete their assigned tasks as specified in the inspection order.

2. Arrange office space, locked file cabinets, international networked telephones, fax machines, and document shredders for the International Inspection Team.

3. Arrange staff with authority and knowledge about the operation of chemical facilities listed in Tables such as management, technology, business, finance, environment, and labor safety to work with the International Inspection Team.

4. Prepare all necessary files, documents, diagrams, drawings, and ledgers for working with the International Inspection Team.

5. Support the International Inspection Team in sample collection when requested.

6. Costs incurred will be reimbursed by the Secretariat of the Organization upon request from the inspected facility according to the Organization's form.

Article 29. Inspection Requirements

1. For chemical facilities listed in Table 1

a) Check activities at the facility according to the requirements in Part I - Annex Verification of the Chemical Weapons Convention;

b) Check compliance with reporting requirements for chemicals listed in Table 1;

c) Assess the risk potential of chemical activities at the facility.

2. For chemicals listed in Table 2

a) Check activities at the facility according to the requirements in Part VI - Annex Verification of the Chemical Weapons Convention;

b) Check compliance with reporting requirements for chemicals listed in Table 2;

c) Assess the risk potential of chemical activities at the facility.

3. For chemicals listed in Table 3 and DOC, DOC-PSF

a) Check activities at the facility according to the requirements in Part VII - Annex Verification of the Chemical Weapons Convention;

b) Check chemicals listed in Table 2 produced at the facility according to the requirements in Part X - Annex Verification of the Chemical Weapons Convention.

Article 30. Responsibilities of the National Agency of Vietnam and Escort Team in Receiving and Working with the International Inspection Team of the Organization

1. The National Agency of Vietnam reports to the Prime Minister to establish an Escort Team to receive and work with the International Inspection Team of the Organization. Members of the Escort Team include representatives from the Ministries of Defense, Public Security, Foreign Affairs, Industry and Trade, and the People's Committee of the province or centrally-administered city where the Inspection Team is working.

2. The Escort Team represents the National Agency to perform the following tasks:

a) Exercise the right to check according to Clause 29 Point c Part II - Annex Verification of the Chemical Weapons Convention to ensure the suitability of equipment brought into Vietnam by the International Inspection Team;

b) Facilitate the International Inspection Team to complete their tasks according to the content of the inspection decision of the Organization;

c) Coordinate with the inspected facility and related functional units to implement all measures to protect the facility, information, and data unrelated to the purpose and content of the inspection.

3. For chemical facilities listed in Table 1 and chemicals listed in Table 2: During the initial inspection period, the National Agency of Vietnam, the Escort Team, and the representative of the facility negotiate with the International Inspection Team to agree on the content of the facility agreement that specifies details for systematic inspections at the facility following the initial inspection.

4. The National Agency of Vietnam and the Escort Team must comply with national laws on state secrets protection in relations and contacts with foreign organizations and individuals.

Article 31. Inspection Time

1. For chemical facilities listed in Table 1

a) Notification time of the inspection decision shall not be less than 24 hours before arrival at the entry point;

b) Inspection time at the facility depends on the risk level to the objectives and purposes of the Chemical Weapons Convention.

2. For chemical facilities listed in Table 2

a) Notification time of the inspection decision shall not be less than 48 hours before arrival at the inspected site;

b) Inspection time at the facility is 96 hours, which can be extended based on specific agreements.

3. For chemical facilities listed in Table 3, DOC, DOC-PSF

a) Notification time of the inspection decision shall not be less than 120 hours before arrival at the inspected site;

b) Inspection time at the facility is 24 hours, which can be extended based on specific agreements.

Article 32. Inspection Procedures

1. Methods of Conducting Inspections

a) Visual inspection of production equipment, control rooms, laboratories, raw material storage areas, and waste processing zones;

b) Review of records and documents;

c) Discussion and interviews;

d) Sampling and analysis if necessary.

2. Inspection Sequence

a) Listen to the facility representative introduce the facility, including the following contents: Facility operations; plant layout diagram of the factory, workshops subject to inspection; chemical reactions; technological processes; material balance, raw materials of production; waste treatment; environmental protection measures, labor safety, and health protection;

b) Visit sections within the facility premises;

c) Agree on the inspection plan and content;

d) Inspect operational production areas; inspect records on raw material supply, products, and production; inspect warehouses, waste processing areas, areas storing substandard chemicals; tour the laboratory (if available); review documents.

Inspection documentation includes the following items: Process technology documents (process flow diagrams, capacity, company layout diagrams, plant maps); plant operation logs, batch records; quality inspection files, including analytical data; inventory and transportation files (both internal and external); health, safety, and environmental documents, including Material Safety Data Sheets (MSDS) for chemicals, Standard Operating Procedures (SOP), specific safety regulations of the facility, exposure limits for chemicals present at the facility, potential hazard warnings.

d) Within twenty-four hours after the conclusion of the inspection, the International Inspection Team, together with representatives of the facility and the Vietnamese National Authority, will review the initial inspection results presented by the International Inspection Team and clarify any doubtful contents (if any). The preliminary results will be reflected in the draft Initial Report on the inspection, to be signed between the representatives of the facility and the Vietnamese National Authority and the Head of the International Inspection Team.

3. For chemical facilities listed in Table 1 and chemicals listed in Table 2

a) During the initial inspection period, negotiations will take place between the International Inspection Team and the Vietnamese National Authority to unify the content of the draft agreement related to the inspection at the facilities to be submitted for signature by the Organization of the Convention and the Government of Vietnam.

b) The re-inspection of chemical facilities listed in Table 1 and chemicals listed in Table 2 shall be conducted in accordance with the provisions for inspecting chemical facilities listed in Table 3 and chemical facilities DOC, DOC-PSF as stipulated in point b, Clause 17, Article 4 of this Decree.

4. Surprise inspections

a) Surprise inspections aim to clarify allegations by a member state regarding violations of the Chemical Weapons Convention at a chemical facility under the control of another member state.

b) The notification time for a surprise inspection decision: Not less than twelve hours before arriving at the entry point. The inspection duration at the facility shall not exceed eighty-four hours, except when extended by agreement with the inspected state.

Article 33. Privileges and Immunities

1. During the conduct of inspections in Vietnam, members of the International Inspection Team shall enjoy diplomatic privileges and immunities according to the United Nations' 1946 Convention on Privileges and Immunities.

2. Samples and equipment included in the list of equipment approved by the Conference of States Parties to the Chemical Weapons Convention brought into Vietnam by the International Inspection Team for inspection purposes shall be exempt from customs declaration and inspection; import and export duties.

Section 2

INSPECTION AND SUPERVISION

Article 34. Inspection

1. Inspections of activities related to the implementation of the Chemical Weapons Convention shall be carried out in accordance with the laws on inspection.

2. Surprise inspections are based on the following grounds:

a) Through its management functions, the competent authority discovers information and documents indicating violations of the Chemical Weapons Convention, this Decree's provisions, and relevant laws.

b) There are reports or accusations of violations.

Article 35. Inspection

1. Annually, the Vietnamese National Authority shall lead and coordinate with relevant agencies to conduct inspections of chemical facilities listed in Tables and chemicals DOC, DOC-PSF.

2. The inspected entities include chemical facilities listed in Tables and chemicals DOC, DOC-PSF as specified in Article 27 of this Decree.

3. Inspections aim to achieve the following objectives:

a) Inspected entities comply fully with the provisions of the Chemical Weapons Convention's Verification Annex.

b) Enhance the professional capabilities of inspected entities, preparing them to welcome visits from the Organization's International Inspection Teams.

c) Promote and disseminate the provisions of the Chemical Weapons Convention to inspected entities.

Chapter V
NATIONAL MANAGEMENT OF

IMPLEMENTATION OF THE CHEMICAL WEAPONS CONVENTION

Article 36. Responsibilities of the Government, Ministries, and Equivalent Agencies

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

2. The Ministry of Industry and Trade is responsible for implementing the Chemical Weapons Convention. Within its scope of duties and powers, the Ministry of Industry and Trade shall perform the following tasks:

a) Issue or submit to the Government or the Prime Minister for issuance legal regulatory documents implementing the Chemical Weapons Convention.

b) Issue, reissue, amend, extend, or revoke permits for production, business, import, and export of chemicals listed in Tables 2 and 3; receive applications and report to the Prime Minister for permission to issue, reissue, amend, extend, or revoke permits for production, import, and export of chemicals listed in Table 1.

c) Manage the production, business, export, import, processing, use, and storage of chemicals subject to control under the Chemical Weapons Convention.

d) Conduct inspections and supervision of activities related to the production, business, export, import, processing, use, and storage of chemicals subject to control under the Chemical Weapons Convention.

e) Organize the promotion and dissemination of the Chemical Weapons Convention and related legal regulatory documents.

f) Lead international cooperation within the framework of the Chemical Weapons Convention.

3. The Ministry of Defense manages ammunition and equipment as stipulated in points b and c, Clause 1, Article 4 of this Decree; implements management, inspection, and supervision of activities related to the Chemical Weapons Convention in units under the Ministry of Defense.

4. The Ministry of Public Security manages riot control agents as stipulated in Clause 5, Article 4 of this Decree; implements management, inspection, and supervision of activities related to the Chemical Weapons Convention in units under the Ministry of Public Security.

5. The Ministry of Foreign Affairs is responsible for coordinating in issuing visas for inspectors and assistant inspectors of the Organization for the Prohibition of Chemical Weapons in accordance with Vietnamese law.

6. The Ministry of Information and Communications shall examine and issue frequency usage permits for radio transmitting devices of the Organization subject to the Inspection Equipment List, with operational and technical specifications approved by the Conference of Member States, to ensure internal communication during the time the Organization conducts inspection activities in Vietnam, in accordance with Vietnamese laws.

Article 37. Responsibilities of People's Committees at all levels

1. Coordinate with the National Agency of Vietnam to welcome international inspection teams for chemical facilities under the Table and DOC, DOC-PSF categories.

2. Coordinate with the Ministry of Industry and Trade in conducting inspections, audits, handling complaints and reports, and dealing with violations related to the operation of chemicals under the Table and DOC, DOC-PSF categories for licensed units in their locality, in accordance with the law and management hierarchy.

3. Coordinate with the Ministry of Industry and Trade to disseminate and publicize regulations on managing chemicals under the Table and DOC, DOC-PSF categories in their locality, in accordance with the law.

4. Receive periodic reports from organizations and individuals producing, trading, exporting, importing, using, and storing chemicals under the Table category, and producing DOC, DOC-PSF chemicals in their locality.

Chapter VI

IMPLEMENTING PROVISIONS

Article 38. Transitional provisions

1. Import and export licenses for chemicals under the Table issued before this Decree takes effect shall continue to be valid until their expiration date as stated in the license.

2. Production and business licenses for restricted production and business chemicals in the industrial sector for the three chemicals: Arsenic trichloride, Cyanogen chloride, and Hydrogen cyanide, issued prior to this Decree taking effect, shall remain valid for one year from the date this Decree takes effect.

3. Certificates of eligibility for production and business of conditionally produced and traded chemicals abolished pursuant to Clause 3, Article 5 of this Decree, issued prior to this Decree taking effect, shall remain valid for one year from the date this Decree takes effect.

4. Notification procedures for imported chemicals that must be declared and have been abolished pursuant to Clause 4, Article 5 of this Decree, implemented prior to this Decree taking effect, shall continue to be valid until the import procedures are completed.

5. Chemical production and trading establishments under the Table must review and complete the conditions for producing and trading such chemicals as stipulated in this Decree and must apply for a production and business license for chemicals under the Table within twelve months from the date this Decree takes effect.

6. Reporting requirements for chemicals under the Table, DOC, and DOC-PSF as specified in Subpoint c, Clause 2 of Articles 23, 24, 25, and 26 of this Decree through the National Chemicals Database shall be applied from February 15, 2025.

Article 39. Reference Provisions

In cases where the referenced documents in this Decree are amended, supplemented, or replaced, the new documents shall apply.

Article 40. Effective Date

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

2. This Decree replaces the following legal regulatory documents; points, clauses, and articles of legal regulatory documents:

a) Decree No. 38/2014/NĐ-CP dated May 6, 2014 of the Government on the management of chemicals under the control of the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction;

b) Article 9, point a, Clause 2, Article 47 of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on investment and business conditions in the field of international trade in goods, chemicals, industrial explosives, fertilizers, gas trading, and foodstuffs under the management of the Ministry of Industry and Trade;

c) Articles 12 and 13 of Decree No. 08/2018/NĐ-CP dated January 15, 2018 of the Government amending certain decrees related to investment and business conditions under the management of the Ministry of Industry and Trade;

d) Articles 6 and 7 of Decree No. 17/2020/NĐ-CP dated February 5, 2020 of the Government amending and supplementing certain articles of decrees related to investment and business conditions in the management sector of the Ministry of Industry and Trade;

3. Abolish Decision No. 76/2002/QĐ-TTg dated June 14, 2002 of the Prime Minister 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).

Article 41. Implementation Organization

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, relevant agencies, organizations, and individuals are responsible for implementing this Decree.