Decree No. 38/2014/NĐ-CP on the management of chemicals under the control of the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons

DECREE

VON THE MANAGEMENT OF CHEMICALS UNDER THE CONTROL OF THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING, USE AND DESTRUCTION OF CHEMICAL WEAPONS

 THE PRODUCTION, STORAGE, USE, AND DESTRUCTION OF CHEMICAL WEAPONS

_________________

 

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

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.

BASED ON THE 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 ENACTS THE DECREE ON THE MANAGEMENT OF CHEMICALS UNDER THE CONTROL OF THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING, USE AND DESTRUCTION OF CHEMICAL WEAPONS.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

THIS DECREE REGULATES THE ACTIVITIES OF PRODUCTION, BUSINESS, PROCESSING, CONSUMPTION, STORAGE, EXPORT, AND 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 CHEMICAL WEAPONS PROHIBITION CONVENTION) WITHIN THE TERRITORY OF THE SOCIALIST REPUBLIC OF VIETNAM.

Article 2. Applicability

THIS DECREE APPLIES TO ORGANIZATIONS AND INDIVIDUALS INVOLVED IN THE ACTIVITIES OF PRODUCTION, BUSINESS, PROCESSING, CONSUMPTION, STORAGE, EXPORT, AND IMPORT OF CHEMICALS UNDER THE CONTROL OF THE CHEMICAL WEAPONS PROHIBITION CONVENTION.

Article 3. Application of Law

1. ACTIVITIES RELATED TO CHEMICALS UNDER THE CONTROL OF THE CHEMICAL WEAPONS PROHIBITION CONVENTION MUST COMPLY WITH THE PROVISIONS OF THIS DECREE AND OTHER RELEVANT LEGAL PROVISIONS.

2. WHERE THIS DECREE DOES NOT PROVIDE FOR A PARTICULAR MATTER OR PROVIDES DIFFERENTLY FROM THE CHEMICAL WEAPONS PROHIBITION CONVENTION, THE PROVISIONS OF THE CHEMICAL WEAPONS PROHIBITION CONVENTION SHALL BE FOLLOWED.

Article 4. Definitions

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

1. POISONOUS CHEMICALS ARE ANY CHEMICALS THAT THROUGH THEIR CHEMICAL ACTION ON THE LIVING PROCESSES OF HUMANS OR ANIMALS CAN CAUSE DEATH, TEMPORARY OR PERMANENT PARALYSIS, ACUTE OR CHRONIC POISONING, ENVIRONMENTAL DAMAGE, OR ECOSYSTEM DISRUPTION. THIS TERM APPLIES TO ALL TYPES OF CHEMICALS WITH SUCH CHARACTERISTICS, WITHOUT REGARD TO THEIR SOURCE, METHOD OF PRODUCTION, OR PLACE OF PRODUCTION.

2. PRECURSOR CHEMICALS ARE CHEMICALS USED IN ANY STEP OF A TECHNOLOGICAL PROCESS THAT, WHEN REACTING WITH OTHER CHEMICALS, CAN FORM POISONOUS CHEMICALS AND PLAY A DECISIVE ROLE IN THE TOXICITY OF THOSE POISONOUS CHEMICALS.

3. SCHEDULE CHEMICALS ARE POISONOUS CHEMICALS AND PRECURSOR CHEMICALS CONTROLLED UNDER THE CHEMICAL WEAPONS PROHIBITION CONVENTION AND CLASSIFIED INTO SCHEDULE 1 CHEMICALS, SCHEDULE 2 CHEMICALS (INCLUDING 2A*, 2A, AND 2B), AND SCHEDULE 3 CHEMICALS IN ORDER OF DECREASING TOXICITY.

4. NON-SCHEDULE CHEMICALS ARE CHEMICALS THAT ARE NOT SCHEDULE CHEMICALS BUT CAN CAUSE RAPID IRRITATION OR IMPAIR SOME CAPACITY OF HUMAN FUNCTION. THESE EFFECTS WILL SUBSIDE SHORTLY AFTER HUMAN EXPOSURE TO THE CHEMICAL IS STOPPED.

5. OTHER CHEMICALS ARE CHEMICALS THAT ARE NOT SCHEDULE CHEMICALS AND ARE DIVIDED INTO CHEMICALS DOC AND CHEMICALS DOC-PSF, WHERE:

a) CHEMICALS DOC ARE SEPARATE ORGANIC CHEMICALS, INCLUDING ALL CARBON CONTAINING COMPOUNDS, EXCEPT FOR THEIR OXIDES, SULFIDES, AND METAL CARBONATES;

b) CHEMICALS DOC-PSF ARE SEPARATE ORGANIC CHEMICALS CONTAINING ONE OF THE ELEMENTS PHOSPHORUS, SULFUR, OR FLUORINE.

6. CHEMICAL PRODUCTION IS THE CREATION OF A CHEMICAL THROUGH CHEMICAL REACTION.

7. CHEMICAL PROCESSING IS THE IMPLEMENTATION OF A PHYSICAL PROCESS SUCH AS MIXING, DISTILLATION, EXTRACTION, OR PURIFICATION OF CHEMICALS. AFTER THE PROCESSING, THE CHEMICAL DOES NOT TRANSFORM INTO ANOTHER CHEMICAL.

8. CHEMICAL CONSUMPTION IS THE TRANSFORMATION OF A CHEMICAL INTO ANOTHER CHEMICAL THROUGH A CHEMICAL REACTION OR THE PRESENCE OF THE CHEMICAL IS NECESSARY IN THE PROCESS OF CREATING ANOTHER CHEMICAL.

9. CHEMICAL STORAGE IS THE KEEPING AND PRESERVATION OF UNUSED OR PARTIALLY USED CHEMICALS IN STORAGE FACILITIES AT CHEMICAL PLANTS.

10. A CHEMICAL PLANT IS A LOCATION WHERE ONE OR MORE OF THE ACTIVITIES OF PRODUCTION, BUSINESS, PROCESSING, CONSUMPTION, STORAGE, EXPORT, AND IMPORT OF CHEMICALS CONTROLLED BY THE CHEMICAL WEAPONS PROHIBITION CONVENTION TAKE PLACE. CHEMICAL PLANTS ARE CLASSIFIED INTO SCHEDULE 1 CHEMICAL PLANTS, SCHEDULE 2 CHEMICAL PLANTS, SCHEDULE 3 CHEMICAL PLANTS, CHEMICALS DOC PLANTS, AND CHEMICALS DOC-PSF PLANTS, WHERE:

a) SCHEDULE 1 CHEMICAL PLANTS, SCHEDULE 2 CHEMICAL PLANTS, AND SCHEDULE 3 CHEMICAL PLANTS ARE LOCATIONS WHERE ONE OR MORE OF THE ACTIVITIES OF PRODUCTION, BUSINESS, PROCESSING, CONSUMPTION, STORAGE, EXPORT, AND IMPORT OF SCHEDULE 1 CHEMICALS, SCHEDULE 2 CHEMICALS, AND SCHEDULE 3 CHEMICALS TAKE PLACE;

b) CHEMICALS DOC PLANTS AND CHEMICALS DOC-PSF PLANTS ARE LOCATIONS WHERE THE PRODUCTION OF CHEMICALS DOC AND CHEMICALS DOC-PSF TAKES PLACE.

11. YIELD IS THE ACTUAL VOLUME OF A SPECIFIC CHEMICAL PRODUCED, PROCESSED, OR CONSUMED, OR PROJECTED TO BE PRODUCED, PROCESSED, OR CONSUMED IN A GIVEN YEAR AT A CHEMICAL PLANT. THE YIELD MAY BE EQUAL TO OR GREATER THAN THE PRODUCTION, PROCESSING, OR CONSUMPTION CAPACITY OF THE PLANT FOR THAT CHEMICAL.

12. DATA VERIFICATION IS THE INSPECTION, REVIEW, AND COMPARISON OF DATA ON THE INVESTMENT IN CHEMICAL PLANTS, PRODUCTION, BUSINESS, PROCESSING, CONSUMPTION, BROKERAGE, AND EXPORT AND IMPORT OF SCHEDULE CHEMICALS BY LICENSED ORGANIZATIONS AND INDIVIDUALS WHO HAVE REPORTED TO RECONFIRM THE ACCURACY OF THE REPORTED DATA OR TO DETECT ERRORS THAT NEED CORRECTION TO ENSURE TRANSPARENCY, ACCURACY, AND TRUTHFULNESS IN REPORTING.

13. INSPECTION IS A SPOT CHECK CONDUCTED BY THE CHEMICAL WEAPONS PROHIBITION ORGANIZATION AT A CHEMICAL PLANT SUBJECT TO INSPECTION THAT HAS BEEN REPORTED BY A MEMBER STATE TO THE CHEMICAL WEAPONS PROHIBITION ORGANIZATION TO CONFIRM THE ACCURACY OF THE REPORTED INFORMATION AND TO CERTIFY COMPLIANCE WITH THE CONVENTION AT THE CHEMICAL PLANT, WHERE:

a) INITIAL INSPECTION IS THE FIRST INSPECTION BY THE CHEMICAL WEAPONS PROHIBITION ORGANIZATION OF ANY CHEMICAL PLANT SUBJECT TO INSPECTION;

b) FOLLOW-UP INSPECTION IS AN INSPECTION AFTER THE INITIAL INSPECTION OF A SCHEDULE CHEMICAL PLANT OR A CHEMICALS DOC, DOC-PSF PLANT BY THE CHEMICAL WEAPONS PROHIBITION ORGANIZATION TO REINSPECT THE ACCURACY OF THE REPORT SUBMITTED BY THE MEMBER STATE TO THE CHEMICAL WEAPONS PROHIBITION ORGANIZATION;

c) SYSTEMATIC INSPECTION IS AN INSPECTION AFTER THE INITIAL INSPECTION CONDUCTED REGULARLY AT A SCHEDULE 1 CHEMICAL PLANT OR A SCHEDULE 2 CHEMICAL PLANT ACCORDING TO A SEPARATE AGREEMENT ON THAT PLANT TO CHECK AND RECONFIRM THE ACCURACY OF THE REPORT SUBMITTED BY THE MEMBER STATE TO THE CHEMICAL WEAPONS PROHIBITION ORGANIZATION.

d) A sudden 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 Chemical Weapons Convention at that chemical facility.

14. An inspected facility agreement is an agreement concluded between a State Party and the Organization for the Prohibition of Chemical Weapons concerning the inspection of a specific chemical facility subject to inspection. The inspected facility agreement is drafted during the initial inspection and is typically established for chemical facilities listed in Table 1 and chemicals listed in Table 2.

15. The Organization for the Prohibition of Chemical Weapons is an organization established by States Parties to the Chemical Weapons Convention to achieve the objectives and purposes of the Convention through the promotion of compliance with its provisions.

16. 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 Party to the Convention on the thirtieth day following the deposit of the instrument of ratification or the notification of accession with the Secretary-General of the United Nations.

17. The National Agency of Vietnam for the Implementation of the Chemical Weapons Convention (hereinafter referred to as the National Agency of Vietnam) is an inter-ministerial body established by the Prime Minister's Decision.

18. The escort team is a group of experts appointed by the National Agency of Vietnam to coordinate work with the Inspection Team of the Organization for the Prohibition of Chemical Weapons during the Inspection Team's inspection activities in Vietnam.

A copy is a certified or stamped verified copy by an organization or individual (in the case of submission by mail), a photograph accompanied by the original for comparison (in the case of direct submission), or a scanned copy from the original (in the case of electronic submission).

Article 5. Forms and Purposes of Activities of Table 1 Chemical Facilities

Table 1 Chemical Facilities include: Single Facility and Other Facilities.

1. Single Facility

A Single Facility serves for research, medical, pharmaceutical, or protective purposes. Production at a Single Facility is carried out in batch reactors. The volume of each reactor does not exceed 100 liters, and the total volume of reactors larger than 5 liters does not exceed 500 liters.

2. Other Facilities include

a) A production facility for Table 1 chemicals for protective purposes with an annual total production not exceeding 10 kilograms;

b) A production facility for Table 1 chemicals for research, medical, or pharmaceutical purposes with an annual production exceeding 100 grams for a single chemical but the total annual production not exceeding 10 kilograms;

c) A laboratory for synthesizing Table 1 chemicals for research, medical, or pharmaceutical purposes with an annual total production below 100 grams.

Article 6. Chemical Weapons

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

1. 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.

2. Ammunition and equipment specifically designed to use the toxic properties of the toxic chemicals and precursors specified in Clause 1 of this Article to cause death or other harm.

3. Any equipment specifically designed to directly use the ammunition and equipment specified in Clause 2 of this Article.

Article 7. List of Chemicals Table

The List of Chemicals Table 1, Chemicals Table 2, and Chemicals Table 3 shall be promulgated together with this Decree. In accordance with management requirements during each period and to comply with the Chemical Weapons Convention, the Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to review and submit to the Government for amendments and supplements to the List of Chemicals Table 1, Chemicals Table 2, and Chemicals Table 3.

Article 8. Prohibited Acts and Non-Prohibited Purposes under the Chemical Weapons Convention

1. Prohibited Acts

a) Developing, producing, possessing, storing, and using chemical weapons; exporting and importing chemical weapons directly or indirectly to any organization or individual; participating in any military preparation activities that use chemical weapons; supporting, encouraging, or inciting any organization or individual in any activity prohibited by the Chemical Weapons Convention in any form; using riot control agents as a means of warfare;

b) Engaging in production, processing, consumption, storage, trading, and export/import of Chemicals Table 1, except when permitted by competent authorities for special purposes such as research, healthcare, pharmaceuticals, or protection; exporting and importing Chemicals Table 1 to any organization or individual of a country that is not a member of the Chemical Weapons Convention; re-exporting or re-importing Chemicals Table 1 to any organization or individual of a third country;

c) Engaging in production, processing, consumption, storage, trading, and export/import of Chemicals Table 2, except when approved by competent state authorities for non-prohibited purposes under the Chemical Weapons Convention; exporting and importing Chemicals Table 2 to any organization or individual of a country that is not a member of the Convention;

d) Engaging in production, processing, consumption, storage, trading, and export/import of Chemicals Table 3, except when approved by competent state authorities for non-prohibited purposes under the Chemical Weapons Convention; exporting Chemicals Table 3 to any organization or individual of a country that is not a member of the Chemical Weapons Convention without a final usage certificate from the competent authority of that country;

đ) Producing chemicals DOC, DOC-PSF, except for non-prohibited purposes under the Chemical Weapons Convention.

2. Non-Prohibited Purposes

a) Industrial development, agriculture, research, healthcare, pharmaceuticals, 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 linked to the use of chemical weapons and not using the toxicity of chemicals as a means of warfare;

d) Enforcement of laws, including domestic riot control.

Article 9. Functions and Tasks of the National Agency of Vietnam

1. Functions and Tasks of the National Agency of Vietnam

a) Advising and consulting the Government and the Prime Minister on the implementation of the Chemical Weapons Convention;

b) Ensuring synchronized, close, and effective coordination among ministries, sectors, and relevant agencies in implementing the Chemical Weapons Convention;

c) Monitoring and inspecting to ensure compliance with the Chemical Weapons Convention;

d) Serving as the point of contact for work between Vietnam and the Organization for the Prohibition of Chemical Weapons.

2. Permanent Office of the National Agency of Vietnam

The Ministry of Industry and Trade shall serve as the representative permanent office of the National Agency of Vietnam to handle matters related to the Chemical Weapons Convention.

Article 10. State Management Responsibilities in Implementing the Chemical Weapons Convention

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

2. The Ministry of Industry and Trade shall be responsible to the Government for state management of the implementation of the Chemical Weapons Convention within its scope of duties and powers. Within this scope, the Ministry of Industry and Trade shall perform the following tasks:

a) Issuing regulations or submitting them to the Government for issuance to implement the Chemical Weapons Convention;

b) Issuing, suspending, or revoking permits for production, processing, consumption, storage, trade, export, and import of chemicals subject to control under the Chemical Weapons Convention according to its authority;

c) Managing the production, processing, consumption, storage, trade, export, and import of chemicals subject to control under the Chemical Weapons Convention; conducting inspections and checks on these activities at chemical facilities under its jurisdiction;

d) Organizing the dissemination and popularization of the Chemical Weapons Convention and related regulatory documents;

e) Leading the implementation of international cooperation within the framework of the Chemical Weapons Convention.

3. Responsibilities of Relevant Ministries and Sectors

a) The Ministry of Finance shall be responsible for periodically compiling and summarizing data on imports and exports of chemicals listed in the table to be processed by the Ministry of Industry and Trade for national reporting to the Organization for the Prohibition of Chemical Weapons;

b) The Ministry of National Defense and the Ministry of Public Security shall conduct inspections and checks on activities related to the Chemical Weapons Convention in military units; coordinate with the Ministry of Industry and Trade in implementing the Chemical Weapons Convention;

c) The Ministry of Health shall manage the use of Schedule 1 chemicals at medical research institutions or pharmaceutical facilities, and be responsible for summarizing the situation regarding the management and use of Schedule 1 chemicals to be reported to the Ministry of Industry and Trade for national reporting to the Organization for the Prohibition of Chemical Weapons;

d) The Ministry of Foreign Affairs shall cooperate with the Ministry of Industry and Trade and the Ministry of Public Security in fulfilling Vietnam's commitments to implement the Chemical Weapons Convention and international cooperation as stipulated in the Convention; be responsible for issuing multiple-entry visas or temporary residence permits valid up to two years for inspectors and assistant inspectors of the Organization for the Prohibition of Chemical Weapons, and notify the Organization for the Prohibition of Chemical Weapons of the list of inspectors and assistant inspectors for whom Vietnam has issued visas.

Article 11. Inspections and Checks

1. The Vietnamese National Authority shall be responsible for coordinating with ministries, sectors, and relevant agencies to carry out inspections and checks on activities related to chemicals controlled by the Chemical Weapons Convention.

2. Inspections and checks shall be conducted in accordance with current laws. Unscheduled inspections shall be based on the following grounds:

a) Through its management functions, the competent authority discovers information or documents indicating violations of the provisions of the Chemical Weapons Convention, this Decree, and related laws;

b) There are reports or accusations of violations;

c) At the request of the Vietnamese National Authority or the Organization for the Prohibition of Chemical Weapons.

Article 12. Information Confidentiality

1. All members of the National Agency of Vietnam shall be responsible for protecting confidential information while performing their duties in accordance with the Chemical Weapons Convention and regulations on state secrets protection.

2. When exchanging, providing information, documents, objects containing state secrets to the Organization for the Prohibition of Chemical Weapons, the National Agency of Vietnam must comply with the laws on state secrets protection in relations and contacts with foreign organizations and individuals.

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

Article 13. Notification of Changes in Riot Control Chemical Names

1. In cases where riot control chemicals are changed, the relevant state agencies managing and using riot control chemicals must notify the National Agency of Vietnam about the replaced chemicals, including: the chemical name (according to IUPAC, trade name, or common name); chemical formula and CAS number. This notification must be sent to the National Agency of Vietnam at least thirty days before the new chemical is officially used as a riot control agent.

2. The National Agency of Vietnam is responsible for notifying the Organization for the Prohibition of Chemical Weapons of the contents stipulated in Clause 1 of this Article.

Article 14. Annual Report on Defense Programs and Voluntary Contributions

The National Agency of Vietnam is responsible for coordinating with relevant state agencies in preparing an annual report on defense programs and voluntary contributions of Vietnam to be submitted to the Prime Minister for approval and notification to the Organization for the Prohibition of Chemical Weapons.

Chapter II

CHEMICALS UNDER THE CONTROL OF THE CHEMICAL WEAPONS CONVENTION

Section 1

CHEMICAL LIST 1, CHEMICAL LIST 2, CHEMICAL LIST 3

Article 15. Conditions for Producing Chemicals Listed in List 1

1. Organizations and individuals are not permitted to produce chemicals listed in List 1, except in special cases for scientific research purposes, national defense and security, and disease prevention and control, in which case the production of chemicals listed in List 1 must meet the following conditions:

a) Possess a Business Registration Certificate or Investment Certificate or Business Registration Certificate issued by the competent authority, which includes the chemical industry sector;

b) Have a commitment letter stating that the production of chemicals listed in List 1 does not violate the provisions set out in Point b, Clause 1, Article 8 of this Decree;

c) The location, area, factory buildings, machinery, equipment, technological process, and storage facilities must be suitable to produce chemicals listed in List 1 to meet quality standards;

d) Have a testing and analysis laboratory or have an agreement with a designated or recognized testing organization and has registered its testing activities according to the laws on product and commodity quality management;

đ) Have a waste treatment system ensuring that waste treatment meets national technical standards and regulations on the environment;

e) Have transportation means suitable for transporting chemicals from the production facility to the delivery point. If there are no transportation means, a contract must be made with a facility capable of transporting chemicals;

g) Meet all conditions regarding fire prevention and explosion control, environmental protection, safety, and labor hygiene according to relevant laws;

h) The Director or Deputy Technical Director of the chemical production facility must have a bachelor's degree or higher in the chemical field. The management, technical, and operational staff of the chemical production facility must have expertise in the chemical field;

i) Direct employees who come into contact with chemicals at the chemical production facility must be trained in chemical safety.

2. Organizations and individuals producing chemicals listed in List 1 that meet the conditions specified in Clause 1 of this Article will be permitted by the Prime Minister.

3. The procedures, timeframes, and documentation for permission to produce chemicals listed in List 1 shall be carried out in accordance with the provisions of Article 17 of this Decree.

4. The Minister of Industry and Trade shall provide guidance on implementing the production conditions for chemicals listed in List 1 as stipulated in Points c, d, đ, e, g, h, i of Clause 1 of this Article.

Article 16. Conditions for Producing Chemicals Table 2 and Chemicals Table 3

1. Organizations and individuals producing chemicals from Table 2 and Table 3 must meet the following conditions:

a) Possess a Business Registration Certificate or Investment Certificate or Business Registration Certificate issued by the competent authority, which includes the chemical industry sector;

b) Having a commitment document to produce chemicals from Table 2 and Table 3 without violating the contents prescribed in Points c and d of Clause 1, Article 8 of this Decree;

c) Meeting the requirements on material and technical infrastructure as prescribed in Points c, d, đ, e, and g of Clause 1, Article 15 of this Decree;

d) Meeting the requirements on human resources as prescribed in Points h and i of Clause 1, Article 15 of this Decree.

2. Organizations and individuals producing chemicals from Table 2 and Table 3 that satisfy the conditions stipulated in Clause 1 of this Article shall be granted a Permit by the Ministry of Industry and Trade.

3. The dossier, procedures, and time limit for issuing permits for producing chemicals from Table 2 and Table 3 shall be carried out in accordance with the provisions of Article 17 of this Decree.

Article 17. Dossier, Procedures, and Time Limit for Issuing Permits for Producing Chemicals Table 1, Chemicals Table 2, and Chemicals Table 3

1. Documents

a) A request for issuance of a Production Permit submitted by organizations and individuals according to the prescribed form;

b) A copy of the Enterprise Registration Certificate or Investment Certificate or Business Registration Certificate;

c) A production commitment document for chemicals from Table 1, Table 2, and Table 3 as prescribed in Point b of Clause 1, Article 15 and Point b of Clause 1, Article 16 of this Decree;

d) Documents and papers meeting the conditions prescribed in Points c, d, đ, e, g, h, and i of Clause 1, Article 15 of this Decree.

2. Procedure for Issuing a Permit

a) Organizations and individuals producing chemicals from Table 1, Table 2, and Table 3 prepare one (1) set of dossier and send it to the Ministry of Industry and Trade via postal service or deliver it directly;

b) Within no more than three (3) working days from the date of receiving the dossier, the Ministry of Industry and Trade must notify the organization or individual about the completeness and validity of the dossier and request them to complete the dossier once. The notification period and the completion period of the dossier shall not be counted towards the time limit for issuing the Production Permit as stipulated in Clause 3 of this Article.

3. Time Limit for Issuing a Permit

a) The time limit for issuing a Production Permit for chemicals from Table 1 shall not exceed ten (10) working days from the date of receiving a complete and valid dossier. The Ministry of Industry and Trade is responsible for reviewing and assessing and submitting to the Prime Minister for approval. In case of disapproval, the Prime Minister authorizes the Ministry of Industry and Trade to issue a written response and clearly state the reasons;

b) The time limit for issuing a Production Permit for chemicals from Table 2 and Table 3 shall not exceed ten (10) days from the date of receiving a complete and valid dossier. The Ministry of Industry and Trade is responsible for assessing the dossier and issuing the Permit. In case of non-issuance of the Permit, the Ministry of Industry and Trade must issue a written response and clearly state the reasons.

4. Content of the Production Permit

a) Name and main office address of the chemical production facility;

b) Production location;

c) Information about chemicals (Chemical name; CAS number; chemical formula; concentration);

d) Purpose of production;

đ) Obligations of the entity granted the Permit.

5. Reissuing and Amending the Production Permit

a) The Permit is reissued in cases of loss, errors, or damage;

b) The Permit is amended in cases of changes in business registration, location, operating conditions, or related information of the registered organization or individual; changes in production capacity or produced chemicals;

c) The dossier for requesting reissuance or amendment of the Production Permit includes: A request for reissuance or amendment of the Production Permit (specifying the reason) according to the prescribed form; documents and papers proving the changed content (applicable in cases of amending the Permit); Production Permit (except in cases where the Permit is lost or missing);

d) Within seven (7) working days from the date of receiving a complete and valid dossier as stipulated in Point c of this Clause, the competent authority has the responsibility to assess the dossier and reissue or amend the Production Permit for organizations and individuals meeting the conditions according to the prescribed form. In case of non-reissuance, the competent authority must issue a written response and clearly state the reasons.

6. The Minister of Industry and Trade shall specify in detail the forms of application, Permit, reissued or amended Permit, and documents and papers meeting the conditions for producing chemicals from Table 1, Table 2, and Table 3 as stipulated in this Article.

Article 18. Declaration of production, business, processing, consumption, and storage of Chemical List 1, Chemical List 2, and Chemical List 3

1. Declaration of production, business, processing, consumption, and storage of Chemical List 1

Organizations and individuals producing, trading, processing, consuming, and storing Chemical List 1 must declare to the Ministry of Industry and Trade according to the prescribed form. The specific declaration time is as follows:

a) Not later than 210 days before the facility begins operation, organizations and individuals submit the initial declaration regarding the Chemical List 1 facility;

b) Before February 28 each year, organizations and individuals submit declarations on activities conducted in the previous year at the Chemical List 1 facility;

c) Before August 31 each year, organizations and individuals submit declarations on planned activities for the following year at the Chemical List 1 facility;

d) Not later than 210 days before implementing additional, adjusted, or changed activities at the existing Chemical List 1 facility, organizations and individuals must submit declarations.

2. Declaration of production, business, processing, consumption, and storage of Chemical List 2, Chemical List 3

Organizations and individuals producing, trading, processing, consuming, and storing Chemical List 2, Chemical List 3 must declare to the Ministry of Industry and Trade according to the prescribed form when the facility has a quantity equal to or exceeding the threshold specified below:

a) Production, processing, consumption, and storage of Chemical List 2, Chemical List 3: 01 kg/year for one Chemical List 2A*; 100 kg/year for one Chemical List 2A; 01 ton/year for one Chemical List 2B; 30 tons/year or more for Chemical List 3;

b) Trading Chemical List 2, Chemical List 3: Concentration of 1% or higher for Chemical List 2A* and 2A; concentration of 30% or higher for Chemical List 2B; concentration of 30% or higher for Chemical List 3.

3. Time for submitting declarations to the Ministry of Industry and Trade for organizations and individuals producing, trading, processing, consuming, and storing Chemical List 2, Chemical List 3

a) Not later than 60 days for Chemical List 2 and 30 days for Chemical List 3 before the facility begins operation;

b) Before February 28 each year, organizations and individuals must submit declarations on activities conducted in the previous year;

c) Before September 30 each year, organizations and individuals must submit declarations on planned activities for the following year;

d) Not later than 30 days before implementing additional, adjusted, or changed activities at the existing chemical facility, organizations and individuals must submit supplementary declarations.

4. The Minister of Industry and Trade shall specify the declaration forms for production, trading, processing, consumption, and storage of Chemical List 1, Chemical List 2, and Chemical List 3 in this Article.

Article 19. Exporting and Importing Chemical List 1, Chemical List 2, and Chemical List 3

1. Requirements for organizations and individuals exporting and importing

a) Possess a Business Registration Certificate or Investment Certificate or Business Registration Certificate issued by the competent authority, which includes the chemical industry sector;

b) Obtaining permission from the Prime Minister to export or import Chemical List 1;

c) Receiving an Export Permit or Import Permit from the Ministry of Industry and Trade for Chemical List 2 and Chemical List 3.

2. Application Documents for Permit Issuance

a) A letter requesting the permit according to the prescribed form;

b) A copy of the Business Registration Certificate or Investment Certificate or Business Registration Certificate issued by the competent authority, which includes the chemical industry sector;

c) Contracts or agreements for purchasing and selling Chemical List 1, Chemical List 2, and Chemical List 3 with organizations that are members of the Organization for the Prohibition of Chemical Weapons.

3. Permit Issuance Procedures

a) Organizations and individuals exporting and importing Chemical List 1, Chemical List 2, and Chemical List 3 prepare one set of application documents and send them to the Ministry of Industry and Trade via postal service or directly;

b) Within no more than three working days from the date of receiving the application documents, the Ministry of Industry and Trade must notify the organization or individual about the completeness and validity of the application documents and request the organization or individual to complete the application documents once. The notification period and completion period do not count towards the permit issuance time specified in Points a and b, Clause 4 of this Article.

4. Permit Issuance Time

a) The time for issuing an Export Permit or Import Permit for Chemical List 1 does not exceed ten working days from the date of receipt of complete and valid application documents. The Ministry of Industry and Trade is responsible for reviewing and presenting to the Prime Minister for approval. In case of denial, the Prime Minister authorizes the Ministry of Industry and Trade to issue a written response stating the reasons;

b) The time for issuing an Export Permit or Import Permit for Chemical List 2 and Chemical List 3 does not exceed seven working days from the date of receipt of complete and valid application documents. The Ministry of Industry and Trade is responsible for examining the application documents and issuing the permit. In case of denial, the Ministry of Industry and Trade must issue a written response stating the reasons;

c) In cases of exporting or importing Chemical List 1, Chemical List 2, and Chemical List 3 for specialized purposes (healthcare, pharmaceuticals, agriculture, protection), the Ministry of Industry and Trade may seek written opinions from the relevant specialized management ministries before issuing the permit. The opinion solicitation period does not count towards the permit issuance time specified in Points a and b of this Clause.

5. Content of the Permit

a) Name and address of the chemical facility;

b) Information on chemicals (Chemical name; CAS number; HS code; chemical formula; concentration);

c) Quantity for export or import;

d) Purpose of export or import;

đ) Name of exporting or importing country;

e) Name of export or import port;

g) Validity period for export or import;

h) Obligations of the permitted entity.

6. Export and Import Permits for Chemical List 1, Chemical List 2, and Chemical List 3 are only issued once for each contract within a maximum period of twelve months and cannot be extended. Issued permits cannot be transferred to other organizations or individuals.

7. Organizations and individuals who have been granted Import Permits for Chemical List 1, Chemical List 2, and Chemical List 3 are exempted from the regulations requiring the issuance of Declaration Confirmation Certificates for chemicals listed under the Chemical Reporting Regulations as stipulated by the Chemical Law and its implementing decrees.

8. Organizations and individuals authorized to export and import Chemical List 1, Chemical List 2, and Chemical List 3 must submit the following documents to the Ministry of Industry and Trade to process notifications to the Organization for the Prohibition of Chemical Weapons:

a) Chemicals List 1: Not later than 45 days before exporting or importing, submit a notification on the export or import of chemicals from List 1; by January 31 each year, submit a declaration on the export, import, and domestic distribution for each chemical from List 1 in the previous year according to the prescribed form;

b) Chemicals List 2: By February 28 each year, submit a declaration including mixtures containing chemicals 2A* and 2A at concentrations of 1% or higher and chemicals 2B at concentrations of 30% or higher according to the prescribed form;

c) Chemicals List 3: By February 28 each year, submit a declaration including mixtures containing chemicals from List 3 at concentrations of 30% or higher according to the prescribed form.

9. In cases where the export of chemicals from List 3 is carried out with organizations or individuals from countries that are not member states of the Chemical Weapons Convention, there must be a final use certificate issued by the competent authority of that country. The final use certificate shall be attached to the application for Export Permit.

10. When requested, organizations and individuals engaged in the export and import of chemicals from List 1, chemicals from List 2, and chemicals from List 3 must comply with the verification of export and import data conducted by the Organization for the Prohibition of Chemical Weapons or the Ministry of Industry and Trade in coordination with the National Authority of Vietnam.

11. The Minister of Industry and Trade shall specify the specific forms of letters requesting permits; the form of Export and Import Permit for chemicals from Lists; and the forms of notifications and declarations for chemicals from List 1, chemicals from List 2, and chemicals from List 3 as stipulated in this Article.

Section 2

PRODUCTION AND DECLARATION OF DOC, DOC-PSF CHEMICALS

Article 20. Production of DOC, DOC-PSF chemicals

1. Conditions for producing DOC, DOC-PSF chemicals

a) Possess a Business Registration Certificate or Investment Certificate or Business Registration Certificate issued by the competent authority, which includes the chemical industry sector;

b) Have a written commitment to produce DOC, DOC-PSF chemicals without violating the contents specified in Point d Clause 1 Article 8 of this Decree;

c) Meeting the requirements on material and technical infrastructure as prescribed in Points c, d, đ, e, and g of Clause 1, Article 15 of this Decree;

d) Meeting the requirements on human resources as prescribed in Points h and i of Clause 1, Article 15 of this Decree.

2. Organizations and individuals producing DOC, DOC-PSF chemicals that meet the conditions stipulated in Clause 1 of this Article shall be granted a Permit by the Ministry of Industry and Trade.

3. The procedures, time limits for issuing permits shall be implemented as prescribed for chemicals from List 2 and chemicals from List 3 under Article 17 of this Decree.

Article 21. Declaration of DOC, DOC-PSF chemical facilities

1. Organizations and individuals with annual production volumes of DOC chemicals of 200 tons or more and DOC-PSF chemicals of 30 tons or more must submit to the Ministry of Industry and Trade the following documents:

a) Not later than 30 days before the facility begins operation, submit an initial declaration on the DOC, DOC-PSF chemical facility according to the prescribed form;

b) By January 28 each year, submit a declaration on activities carried out in the previous year at the DOC, DOC-PSF chemical facility according to the prescribed form;

c) Not later than 30 days before implementing additional, adjustment, or change in production at existing DOC, DOC-PSF chemical facilities, submit an additional declaration on the DOC, DOC-PSF chemical facility according to the prescribed form.

2. The Minister of Industry and Trade shall specify the specific forms of declarations for DOC, DOC-PSF chemical facilities.

Chapter III

INSPECTION OF CHEMICAL FACILITIES

Article 22. Inspection Targets

1. Facilities handling chemicals from List 1 are initial inspection targets and systematic inspection targets of the Organization for the Prohibition of Chemical Weapons pursuant to a corresponding basic agreement.

2. Facilities handling chemicals from List 2 are initial inspection targets and systematic inspection targets of the Organization for the Prohibition of Chemical Weapons if they have production volumes equal to or exceeding the following thresholds:

a) 10 kg/year for one chemical 2A*;

b) 01 ton/year for one chemical 2A;

c) 10 tons/year for one chemical 2B.

3. Facilities handling chemicals from List 3 with production volumes of 200 tons/year or more are initial inspection targets and re-inspection targets of the Organization for the Prohibition of Chemical Weapons.

4. Facilities producing DOC, DOC-PSF chemicals with production volumes over 200 tons/year are initial inspection targets and re-inspection targets of the Organization for the Prohibition of Chemical Weapons.

5. The Organization for the Prohibition of Chemical Weapons may conduct surprise inspections at any chemical facility handling chemicals from List 1, chemicals from List 2, chemicals from List 3, and DOC, DOC-PSF chemical facilities when there are allegations of violations of the Chemical Weapons Convention.

Article 23. Responsibilities of the inspected facility

1. Comply fully with the inspection regulations of the Organization for the Prohibition of Chemical Weapons; follow the guidance of the escort team during the inspection process at the facility; cooperate and facilitate conditions for the Inspection Team of the Organization for the Prohibition of Chemical Weapons to complete the tasks specified in the inspection order.

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

3. Arrange staff with authority and knowledge about the chemical facility's operations such as management, technology, business, finance, environment, and labor safety to work with the Inspection Team.

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

5. Assist the Inspection Team in taking samples when requested.

6. The costs incurred shall be reimbursed by the Secretariat of the Organization for the Prohibition of Chemical Weapons to the facility upon request from the facility.

Article 24. Inspection Requirements

1. For Chemical Facility Category 1

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

b) Inspect compliance with reporting requirements for Chemical Category 1;

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

2. For Chemical Category 2

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

b) Inspect compliance with reporting requirements for Chemical Category 2;

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

3. For Chemical Category 3 and DOC, DOC-PSF

a) Inspect activities at the facility according to the requirements set out in Part VIII - Annex Verification of the Chemical Weapons Convention;

b) Inspect chemicals of Categories produced at the facility according to the requirements set out in Part IX - Annex Verification of the Chemical Weapons Convention.

Article 25. Receiving and Working with the Inspection Team of the Organization for the Prohibition of Chemical Weapons

The National Authority of Vietnam has the responsibility:

1. To receive and work with the Inspection Team of the Organization for the Prohibition of Chemical Weapons; implement the right to inspect under Clause 29 Section c Part II - Annex Verification of the Chemical Weapons Convention to ensure the suitability of equipment brought into Vietnam by the Inspection Team.

2. To create conditions for the Inspection Team to complete their tasks in accordance with the content of the inspection order issued by the Organization for the Prohibition of Chemical Weapons.

3. To coordinate with the inspected facility to implement all measures to protect the facility, information, and data unrelated to the purpose and content of the inspection.

4. For Chemical Facility Category 1 and Chemical Category 2: During the initial inspection period, the National Authority of Vietnam and representatives of the facility will negotiate with the Inspection Team to reach an agreement on the detailed provisions for systematic inspections at the facility following the initial inspection.

Article 26. Inspection Time

1. For Chemical Facility Category 1

a) The notification time for the inspection decision shall not be less than 24 hours before arriving at the entry point;

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

2. For Chemical Facility Category 2

a) The notification time for the inspection decision shall not be less than 48 hours before arriving at the inspected site;

b) The duration of the inspection at the facility is 96 hours, which may be extended based on specific agreements.

3. For Chemical Facility Category 3, Chemicals DOC, DOC-PSF

a) The notification time for the inspection decision shall not be less than 120 hours before arriving at the inspected site;

b) The duration of the inspection at the facility is 24 hours, which may be extended based on specific agreements.

Article 27. Inspection Procedures

1. Methods for conducting inspections

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

b) Reviewing records and documents;

c) Discussion and interviews;

d) Sampling and analysis if necessary.

2. Inspection Sequence

a) Listening to representatives of the facility introduce the facility, including the following contents: Facility operations; plant layout diagrams of the factory and workshops subject to inspection; chemical reactions; production technology processes; material and raw material balances in production; waste treatment; environmental protection measures, labor safety, and health protection;

b) Visiting components within the scope of the facility;

c) Agreeing on the inspection plan and content;

d) Inspecting operational production areas; reviewing records on raw material supply, products, and production; inspecting warehouses, waste treatment areas, and areas storing substandard chemicals; touring laboratories (if available); reviewing documents.

Document review includes the following items: Technology process documents (technology flowcharts, capacity, company diagrams, plant maps); plant operation logs, batch records; quality testing records, including analytical data; warehouse and transportation records (both internal and external); documents related to health, safety, and the environment, including Material Safety Data Sheets (MSDS) of chemicals, Standard Operating Procedures (SOP), specific safety regulations of the facility, limits for chemical exposure within the facility, potential hazard warnings;

e) Within twenty-four hours after the conclusion of the inspection, the Inspection Team, together with representatives from the facility and the Vietnamese National Authority, will review the initial inspection results proposed by the Inspection Team and clarify any doubtful contents (if any). The preliminary results are reflected in the draft Initial Inspection Report signed between representatives of the facility and the Vietnamese National Authority and the Inspection Team Leader.

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

a) During the initial inspection period, negotiations will take place between the Inspection Team and the Vietnamese National Authority to agree on the content of the draft agreement related to the inspection at these facilities to be submitted for signature by the Organization for the Prohibition of Chemical Weapons and the Government of Vietnam;

b) Re-inspection of facilities listed in Table 1 and chemicals listed in Table 2 shall be conducted in accordance with the provisions for re-inspection of facilities listed in Table 3 and DOC, DOC-PSF facilities as stipulated in Point b Clause 13 Article 4 of this Decree.

4. Surprise Inspections

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

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

Article 28. Privileges and Immunities

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

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

Chapter IV

IMPLEMENTING PROVISIONS

Article 29. Transitional Provisions

Within one year from the date this Decree takes effect, organizations and individuals currently producing, trading, processing, consuming, storing, exporting, or importing chemicals listed in Tables 1, 2, and 3, and producing DOC, DOC-PSF chemicals that have not yet met the conditions stipulated in this Decree must supplement the required conditions. In cases where organizations and individuals fail to meet the conditions, they must suspend their activities until the conditions are met.

Article 30. Effective Date

This Decree takes effect from July 1, 2014. This Decree replaces Decree No. 100/2005/NĐ-CP dated August 3, 2005 of the Government on the Implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons.

Article 31. Implementation Organization

1. The Minister of Industry and Trade shall specify and guide the implementation of the provisions assigned in this Decree.

The Ministry of Finance shall cooperate with the Ministry of Industry and Trade in drafting and promulgating, within its authority, or submitting to competent authorities for promulgation, regulations and guidance on customs related to the export and import of chemicals listed in the tables as prescribed by the Chemical Weapons Convention.

The Minister, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.