Headlines 10/04/2024 11:18 SA

Conditions for issuance of licenses to produce and trade chemicals listed in Schedules in Vietnam from May 19, 2024

Mai Khanh

On March 27, 2024, the Government of Vietnam promulgated Decree No. 33/2024/ND-CP on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.

(1) Production conditions

- Is a legally established enterprise;

- Physical and technical facilities meet the production requirements according to Clause 1 Article 8 of Decree No. 33/2024/ND-CP;

- The Director or Technical Deputy Director or technician in charge of the production of chemicals listed in Schedules has at least a bachelor’s degree in chemistry;  

- Individuals prescribed in Article 32 of Decree No. 113/2017/ND-CP must be provided with training courses in chemical safety.

(2) Trading conditions

- Is a legally established enterprise;

- Physical and technical facilities meeting the trading requirements according to Clause 2 Article 8 of Decree No. 33/2024/ND-CP;

- Have warehouses for storage or have contracts to rent chemical warehouses or use warehouses of individuals and organizations purchasing and selling chemicals meeting the conditions for the safe preservation of chemicals and fire and explosion prevention, control, and safety;

- The person in charge of chemical safety of the facility trading chemicals listed in Schedules has at least an intermediate degree in chemistry;

- Individuals prescribed in Article 32 of Decree No. 113/2017/ND-CP must be provided with training courses in chemical safety.

(3) A facility producing chemicals listed in Schedule 1 shall, aside from meeting (1), meet the following conditions:

- Chemicals listed in Schedule 1 may only be produced for one or several special purposes prescribed in Clause 2 Article 6 of the Law on Investment 2020, including analysis, testing, scientific research, health, pharmaceutical product production, criminal investigation, and national defense and security;

- The production scale at the facility is a separate scale with the capacity of reactors not exceeding 100 liters and the total capacity of reactors with a capacity of over 5 liters not exceeding 500 liters.  Regarding the production scale at other facilities, the total production shall not exceed 10kg per year for protection purposes; the production of specific chemicals shall not exceed 100 gram per year, but the total production of such chemicals shall not exceed 10 kg per year for purposes of research, health, and pharmaceutical products; the total production shall not exceed 100 gram per year for laboratories.

(4) Facilities producing and trading chemicals listed in Schedules 2 and 3 shall, aside from meeting (1) and (2), only produce and trade chemicals listed in Schedules 2 and 3 for purposes not forbidden as prescribed in Article 3 of Decree No. 33/2024/ND-CP.

See more details in Decree No. 33/2024/ND-CP of Vietnam, effective as of May 19, 2024.

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Above are the summary and notification of new documents for customers of THU VIEN PHAP LUAT. For more information, please send an email to info@thuvienphapluat.vn.

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