THE MINISTRY
OF INDUSTRY
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|
SOCIALIST REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No.
134/2003/QD-BCN
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Hanoi, August
25, 2003
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DECISION
OF
THE MINISTER OF INDUSTRY NO. 134/2003/QD-BCN, OF AUGUST 25, 2003 ON
PROMULGATION OF LIST AND REGULATION ON MANAGEMENT OF PRECURSOR SUBSTANCES USED
IN INDUSTRY
THE MINISTER OF INDUSTRY
Pursuant to the Government’s
Decree No. 55/2003/ND-CP, of May 28, 2003, defining the functions, tasks,
powers and organizational structure of the Ministry of Industry;
Pursuant to the Law on drug
prevention and fight, of December 09, 2000;
Pursuant to Government’s
Decrees No. 67/2001/ND-CP, of October 01, 2001, promulgating the list of
narcotic substances and precursor substances, No.80/2001/ND-CP, of November 05,
2001, guiding the control of lawful drug-related activities in the country and
No.58/2003/ND-CP, of May 29, 2003, prescribing the control of the import,
export and transit through Vietnam’s territory of narcotics, precursor
substances, addictive drugs and psychotropic drugs;
At the proposal of Director of
Department of Mechanical engineering, Metallurgy and Chemicals,
DECIDES
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Article 2. This Decision takes effect 15 days after the day of printing on Public
Gazette. All previous provisions contrary to this Decision shall be annulled.
Article 3. The Chief of the Ministry Office, the Chief Inspector of Ministry,
Directors General of Ministries, Ministries and People’s Committee of
central-affiliated cities and provinces, heads of relevant agencies, units
shall implement this Decision.
Nguyen Xuan
Thuy
Signed
THE LIST
OF
PRECURSOR SUBSTANCES USED IN INDUSTRY
(Promulgated together with the Decision No. 134/2003/QD-BCN,
of August 25, 2003, of the Minister of Industry)
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HS Code
Name of substances
Molecular Formula
1
2915.24.00
Acetic anhydride
(CH3CO)2O
2
2914.11.00
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CH3COCH3
3
2922.43.00
Anthranilic acid
NH2C6H4COOH
4
2909.11.00
Diethyl ether
(C2H5)2O
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2806.10.00
Hydrochloric acid
HCl
6
2914.12.00
Methyl ethyl ketone
C4H8O
7
2916.34.00
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C8H8O2
8
2933.32.00
Piperidine
C5H11N
9
2841.61.00
Potassium permanganate
KMnO4
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2807.00.00
Sulphuric acid
H2SO4
11
2902.30.00
Toluene
C6H5CH3
REGULATION
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I. GENERAL PROVISIONS
Article 1. This Regulation
provides on production conditions: Principles in distribution, purchase and
sale, use, exchange, transport, preservation, stockpiling of precursor
substances; orders of and procedures for grant and withdrawal of permits for
import, export of precursor substances in industry (hereinafter referred to as
precursor substances).
Article 2. Organizations,
individuals operating on Vietnam’s territory participating one of activities
specified in Article 1 relating to precursor substances must comply with law
provisions on the control of lawful drug-related activities and provisions of
this Regulation.
Article 3.
1. Precursor substances mean chemicals used in production,
science research, analyzing, testing of industrial sectors such as raw
materials, solvents, catalytic agents, and chemicals that cannot be lacking in
the course of production and preparation of narcotic substances.
2. Precursor substances specified in the list of precursor
substances used in industry promulgated together with the Decision No.
134/2003/QD-BCN, of August 25, 2003, of the Minister of Industry are harmful
chemicals being required for permit of the Ministry of Industry upon import,
export.
II. SPECIFIC PROVISIONS
Article 4.
1. Enterprises producing precursor substances must have
Certificate of Business registration in chemical production granted by
competent state agency, have registered tax number and have sufficient
conditions:
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b) Having a division of analyzing, testing of quality of
products. If there is no separate division of analyzing, testing of quality of
products, they may hire lawfull analyzing offices or centers of specialized
agencies;
c) Having a waste treatment system, that ensure that
production not cause environmental pollution. Having sufficient working means
and conditions in order to ensure labour safety, environmental hygiene such as
for some harmful chemicals as prescribed by law on labor and environment;
d) Having a technical staff and worker possessing
professional qualification, coached, trained in chemical industry, meeting
requirement of production technology and quality control.
2. Enterprises having sufficient conditions specified in
clause 1 Article 4 must register annual production plans to the Ministry of
Industry, in which clearly stating types of precursor substances, quantity, and
quality. In November of every year, the Ministry of Industry shall consider and
certify the plan registration for units' implementation.
Article 5. For new enterprises
established as prescribed by law, if they have business trades relating to
precursor substance production, they must ensure conditions as specified in
Article 4 and must be agreed on business lines by the Ministry of Industry.
Article 6. Enterprises
established as prescribed by law, operating in trade, with suitable lines
indicated in Certificate of Business registration, possessing certificate of
eligibility for business of goods being harmful chemicals and products
containing harmful chemicals granted by Department of Natural Resources and
Environment of central-affiliated cities and provinces as prescribed by the Ministry
of Natural Resources and Environment, are allowed for purchase, sale (except
export, import), transport, stockpiling of precursor substances as prescribed
by law on the control of lawful drug-related activities and provisions of this
Regulation.
Article 7. Organizations,
individuals having demand for use of precursor substances in service for
production, research, testing, must have persons being well informed about
features, effects, toxicity, response requirements when meeting accidents with
respect to type of precursor substances being used.
Article 8.
1. Enterprises having sufficient conditions specified in
Article 6 of this Regulation and having business registration in export,
import, shall be granted permit for precursor substance import, export by the
Ministry of Industry.
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a) Application for import, export made in according to Form
No. 1 enclosed to this Regulation;
b) A valid copy of establishment permit and Certificate of
Business registration granted by competent agency;
c) A valid copy of Tax number Registration;
d) A valid copy of certificate of eligibility for business
of goods being harmful chemicals and products containing harmful chemicals;
e) A valid copy of export and import business number
registration.
Cases of import in service for direct use of enterprises are
not required to have certificate of eligibility for business of goods being
harmful chemicals and products containing harmful chemicals.
3. Within 15 working days, after receiving valid dossier,
the Ministry of Industry shall issue permit or written reply clearly stating
reason of having not yet granted or not granted.
4. The permit shall be granted for each times of import,
export and have value in time limit stated in permit. If permit is expired but
import, export have not been implemented or implemented but not been yet
finished, enterprise must have official dispatch requesting the Ministry of
Industry for consideration to extend more deadline.
Article 9. Cases being withdrawn
permit of import, export:
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2. If enterprises conduct fraudulent acts such as reporting
wrongly on the quantity of import, export, the trade quantity, enterprises
shall be withdrawn permit of import, export has been granted. If enterprises
conduct violation for second times, they shall not be granted permit within one
year. If conducting violation for third times, they shall eternally not be
granted permit.
Article 10. Enterprises must
report specific result on import, export, use and supply of precursor
substances granted permit by the Ministry of Industry for each customer when
they have demand for continuing import, export.
Article 11. During transporting,
delivering, receiving, storing, precursor substances must be packaged, sealed
in according to current regulations on chemical safety. Organizations, individuals
are responsible for quantity, quality, kinds, expiry time of their goods and
must have measures to protect safely, not let loss or misusing of precursor
substances for processing, preparation of narcotic substances. If there are
mistake, poisoning, loss cases, they must report immediately to direct
management agencies, clearly stating reason and having immediate remedial
measures.
Article 12. Precursor substances
must have label and be preserved such as for harmful chemicals in according to
current provisions of State. Labels must clearly indicate name of substance,
composition, concentration, content, quantity, import place, export place, time
of use, manufacturer.
Article 13. Organizations,
individuals having activities of production, preparation, transport,
preservation, stockpiling, purchase, sale, use of precursor substances, must
implement fully regime of invoices, vouchers in according to current provisions
of State. All cases of business without invoices, vouchers shall be considered
as illegal business and be handled as prescribed by law.
III. REGIME OF REPORT RECORDING
Article 14. Organizations,
individuals having activities of production, preparation, transport, preservation,
stockpiling, purchase, sale, use of precursor substances, have responsibility
for making files of monitoring of quantity and quality taken out and into
warehouse. Sheets of ex-warehousing and warehousing of precursor substances are
not shared with other types of goods or materials. Books, vouchers for storage
must be stored such as storage of accounting documents specified in the
Decision No. 281/2000/QD-BTC, of December 29, 2000 of the Minister of Finance,
on promulgating the Regime of accounting documents storage.
Article 15. On the June 30 and
December 31 every year, organizations, individuals having activities of
production, preparation, transport, preservation, stockpiling, purchase, sale,
use of precursor substances, must inventory, make 6-month and annual reports to
send them to the Ministry of Industry in according to Form No.2 and Form No. 3
enclosed. The reports must be sent to the Ministry of Industry not later than
on July 17 (for 6-month report) and the January 15 of next year (for annual
report).
IV. IMPLEMENTATION PROVISION
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Amendments, supplementations to Regulation shall be
considered and submitted to the Ministry for decision by the Director of
Department of Mechanical engineering, Metallurgy and Chemicals.