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THE GOVERNMENT
OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 33/2024/ND-CP
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Hanoi, March 27,
2024
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DECREE
IMPLEMENTING THE
CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND
USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on amendment to the Law on Government Organization
and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Convention on the Prohibition of
the Development, Production, Stockpiling and Use of Chemical Weapons and on
their Destruction;
Pursuant to the Law on Chemicals dated November
27, 2007;
Pursuant to the Law on International Treaties
dated April 9, 2016;
Pursuant to the Law on Management and Use of
Weapons, Explosive Ordnances, and Combat Gears dated June 20, 2017;
Pursuant to the Law on Investment dated June 17,
2020;
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At request of the Minister of Industry and
Trade;
The Government promulgates Decree implementing
the Convention on the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on their Destruction.
Chapter I
GENERAL PROVISIONS REGARDING IMPLEMENTATION OF
CHEMICAL WEAPONS CONVENTION
Article 1. Scope
This Decree prescribes implementation of the
Convention on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on their Destruction (hereinafter referred to as
“CWC”) within the territory of the Socialist Republic of Vietnam, including:
1. General provisions regarding implementation of
Chemical Weapons Convention (CWC).
2. Production, sale, export, import, processing,
use, and storage of Schedule chemicals; production of DOC, DOC-PSF chemicals.
3. Reporting of Schedule chemicals and DOC, DOC-PSF
chemicals.
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5. State management of Schedule chemicals and DOC,
DOC-PSF chemicals.
Article 2. Regulated entities
This Decree applies to organizations and
individuals engaging in or related to the implementation of CWC in territory of
the Socialist Republic of Vietnam.
Article 3. Application
1. Implementation of CWC shall conform to this
Decree and other relevant law provisions.
2. Prohibited acts and purposes not prohibited
shall conform to Clause 1 Article 1 and Clause 9 Article 2 of the CWC.
Article 4. Definitions
In this Decree, terms below are construed as
follows:
1. “Chemical weapons” is defined by the CWC to
include the following, together or separately:
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b) Munitions and devices, specifically designed to
cause death or other harm through the toxic properties of those toxic chemicals
specified in Point a of this Clause, which would be released as a result of the
employment of such munitions and/or devices;
c) Any equipment specifically designed for use
directly in connection with the employment of munitions and devices specified
in Point b of this Clause.
2. “Toxic chemical” is defined by the CWC as any
chemical which through its chemical action on life processes can cause death,
temporary incapacitation or permanent harm to humans or animals. This includes
all such chemicals, regardless of their origin or of their method of
production, and regardless of whether they are produced in facilities, for
military use or elsewhere.
3. “Precursor” is defined by the CWC as any
chemical reactant which takes part at any stage in the production by whatever
method of a toxic chemical. This includes any key component of a binary or
multicomponent chemical system.
4. “Schedule chemicals” means toxic chemicals and
precursors controlled in accordance with the CWC and classified in order 1, 2,
3 depending on criteria set under chemical Annex of the CWC. Schedule chemicals
include chemicals under Lists and mixtures containing chemicals under Lists.
5. “Riot control agent” is defined by the CWC as
any chemical not listed in a Schedule, which can produce rapidly in humans
sensory irritation or disabling physical effects which disappear within a short
time following termination of exposure.
6. “Discrete organic chemical” (hereinafter
referred to as DOC) is defined by the CWC as all compounds of carbon except for
its oxides, sulphides and metal carbonates, identifiable by chemical name, by
structural formula (if known), and by Chemical Abstracts Service (CAS) registry
number (if assigned). “DOC-PSF chemical” is defined by the CWC as a DOC
containing one or more of the elements phosphorus, sulfur, or fluorine.
7. “Production” of a chemical is defined by the CWC
as its formation through chemical reaction;
8. “Sale” of a chemical includes its trade, export,
import for market supply and profit.
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10. “Consumption” of a chemical is defined by the
CWC as its conversion into another chemical via a chemical reaction.
11. “Storage” of a Schedule chemical is defined by
the CWC as the storage, preservation of unused or undepleted Schedule chemicals
in specialized storage, containers, and tanks at chemical facility.
12. “Organization for the Prohibition of Chemical
Weapons” (hereinafter referred to as “Organization" refers to a
organization established by States-Parties to this Convention to ensure the
implementation of its provisions, including those for international
verification of compliance with it, and to provide a forum for consultation and
cooperation among States-Parties.
13. “State-Party to the Chemical Weapon Convention”
(hereinafter referred to as “State-Party”) means a state that has signed and
approved or joined the CWC and is officially a signatory to the CWC after 30
days from the date on which acknowledgement of approval or notice regarding
participation in the CWC is submitted to the Secretary-General of the United
Nations.
14. “Chemical facility” is defined by the CWC as a
location for production, processing, consumption, and storage of chemicals
regulated by the CWC. Chemical facility may include factory or factories or
independent production lines.
Production line means a combination of equipment
types, including existing or made containers necessary for the production,
processing, and consumption of chemicals.
Chemical facilities are divided into Schedule 1,
Schedule 2, Schedule 3 facilities and DOC, DOC-PSF chemical facilities, in
which:
a) Schedule 1 facilities accommodate production,
processing, consumption or storage of Schedule 1 chemicals. Schedule 1
facilities are further divided into single small-scale facilities and other
facilities, in which:
Single small-scale facility means a facility where
Schedule 1 chemicals are produced for: research, medical, pharmaceutical or
national defense, security purposes. The production at a single small-scale
facility shall be carried out in reaction vessels in production lines not
configurated for continuous operation. The volume of such a reaction vessel
shall not exceed 100 liters, and the total volume of all reaction vessels with
a volume exceeding 5 liters shall not be more than 500 liters.
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b) Schedule 2 facilities accommodate production,
processing, or consumption activity or activities that involve Schedule 2
chemicals;
c) Schedule 3 facilities accommodate production of
Schedule 3 chemicals;
d) DOC, DOC-PSF chemical facilities accommodate
production of DOC, DOC-PSF chemicals.
15. “Quantities” is defined by the CWC as amount of
products produced, processed, consumed or planned to be produced, processed,
consumed annually from a chemical in a year by a chemical facility. Chemical
quantities may equal or exceed production capacity of the chemical in a
facility.
16. “Examination” of import, export data means when
the Organization or the Vietnamese National Authority inspects, reviews,
cross-examines import, export data of Schedule chemicals of licensed
organizations and individuals in order to reaffirm eligibility of reporting
data or detect discrepancies to be corrected to maintain transparency,
accuracy, and veracity of reporting.
17. “Verification inspection” is defined by the CWC
as an on-site inspection conducted by the Organization at a chemical facility
subject to verification and reported to the Organization by a State-Party in
order to confirm conformity of information received and certify compliance with
the CWC at the aforementioned facility.
a) Initial inspection is the first inspection
conducted by the Organization at a chemical facility subject to verification
inspection;
b) Routine inspection is an inspection that follows
the initial inspection and is conducted by the Organization at a Schedule 3
facility or DOC, DOC-PSF facility in order to re-examine conformity of report
submitted to the Organization by the State-Party;
c) Systematic inspection is an inspection that
follows the initial inspection and is conducted on a periodic basis at a
Schedule 1 or Schedule 2 facility under separate agreement on the facility
(facility agreement) in order to examine and re-establish conformity of report
submitted to the Organization by the State-Party;
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dd) Facility agreement is an agreement signed by a
State-Party and the Organization relating to a specific facility subject to
verification inspection. Draft facility agreement is produced during period of
initial inspection and usually for Schedule 1, Schedule 2 facilities.
e) “Escort” means a individuals designated by
Vietnamese National Authority after reporting to the Prime Minister to
accompany and assist the Inspection Team of the Organization during the
in-country period.
18. “Copy” means a duplicate created by
photocopying the original or a typewritten duplicate containing the exact
contents as the original.
Where documents are submitted online or via post
service, copies are certified true copies or copies accompanied by the
originals for comparison. Where documents are submitted via online public
service, copies are scanned duplicates of the original or legitimate electronic
versions issued by competent authority.
19. “CAS” is a unique identifier of chemical
elements, chemical compounds, polymers, biological sequences, compounds, and
alloys.
20. “List of inspection equipment” is defined by
the CWC as equipment and tools necessary for the performance of tasks of the
Inspection Team and confirmed by the Organization.
Article 5. List of Schedule chemicals
1. Promulgate lists of Schedule 1, Schedule 2,
Schedule 3 chemicals are attached under Appendix I hereof.
2. Add exceptions for chemicals under Lists of
chemicals for limited production and sale in industrial sector under Appendix
II attached to Decree No. 82/2022/ND-CP dated October 18, 2022 of the
Government on amendment to Decree No. 113/2017/ND-CP dated October 19, 2017 of
the Government elaborating the Law on Chemicals:
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English name
HS code
CAS code
Chemical
formula
55
Arsenic and arsenic compounds.
Exemption:
2812.10
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Arsenic trichloride
2812.10
7784-34-1
AsCl3
79
Cyanide and cyanide compound.
Exemption:
2811.19
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Cyanogen chloride
2853.10
506-77-4
CClN
Hydrogen cyanide
2811.12
74-90-8
HCN
3. Annul chemicals under
the List of chemicals for conditional production and sale in industrial sector
under Appendix I attached to Decree No. 113/2017/ND-CP dated October 9, 2017 of
the Government amended by Decree No. 82/2022/ND-CP dated October 18, 2022 of
the Government on amendment to Decree No. 113/2017/ND-CP dated October 9, 2017
of the Government elaborating the Law on Chemicals:
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English name
HS code
CAS code
Chemical
formula
263
Dimethyl phosphite
29209090
868-85-9
C2H7O3P
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Fonofos (O-Ethyl S-phenylethylphosp
honodithioate)
29309090
944-22-9
C10H15OS2P
489
Methyldiethanol amine
29221990
105-59-9
C5H13ON
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Pinacolyl alcohol: 3,3-Dimetylbutan-2-ol
29051900
464-07-3
C6H14O
720
Triethy phosphite
29209090
122-52-1
C6H15O3P
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No.
English name
HS code
CAS code
Chemical
formula
137
Bis(2-chloro ethyl) sulphide
29309090
505-60-2
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198
Carbonic dichloride (phosgene)
28112990
75-44-5
CCl2O
242
Chloropicrin: Trichloro nitro metan
29049000
76-06-2
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291
Cyanogen chloride
28530000
506-77-4
CClN
374
Diethyl phosphite
29209090
762-04-9
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527
Fonofos
29309090
944-22-9
C10H15OS2P
656
Sulfur monochloride
28121000
10025-67-9
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658
Sulfur dichloride
28121000
10545-99-0
SCl2
762
N,n-diethyl amino etanol
29221990
100-37-8
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767
N,n-Dimetyl amino ethanol
29221990
108-01-0
C4H11ON
815
N-Ethyl diethanol amine
29221990
139-87-7
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918
1-Propene,1,1,3,3,3-
pentafluoro-2-(trifluoromethyl)-
29033990
382-21-8
C4F8
935
Phosphorus trichloride
28121000
7719-12-2
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937
Phosphorus penta chloride
28121000
10026-13-8
PCl5
1090
Triethy phosphite
29209090
122-52-1
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1103
Trimethyl phosphite
29209090
121-45-9
C3H9O3P
5. Schedule 1 chemicals under List of chemicals
prohibited from investment and sale in accordance with the Law on Investment.
Article 6. Vietnamese National Authority
exercising the Chemical Weapons Convention
Vietnam Chemicals Agency (Ministry of Industry and
Trade) is designated as the Vietnamese National Authority in implementation of
the CWC, liaison between Vietnam and the Organization, other States-Parties
pursuant to Clause 4 Article 7 of the CWC.
Article 7. Prevention of proliferation of
chemical weapons
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Chapter II
PRODUCTION, SALE, EXPORT, IMPORT, PROCESSING, USE, AND
STORAGE OF SCHEDULE CHEMICALS; PRODUCTION OF DOC, DOC-PSF CHEMICALS
Section 1. SAFETY REQUIREMENTS IN PRODUCTION AND
SALE OF SCHEDULE CHEMICALS; PRODUCTION OF DOC, DOC-PSF CHEMICALS;
IMPLEMENTATION OF REGULATIONS ON CHEMICAL MANAGEMENT
Article 8. Safety requirements in production and
sale of Schedule chemicals; production of DOC, DOC-PSF chemicals
1. Facilities producing Schedule chemicals, DOC,
DOC-PSF chemicals must meet production requirements under Article 12 of the Law
on Chemicals and Article 4, Clause 1 and Clause 2 Article 5, Clause 1 and
Clause 2 Article 6 of Decree No. 113/2017/ND-CP dated October 9, 2017 of the
Government elaborating the Law on Chemicals (hereinafter referred to as “Decree
No. 113/2017/ND-CP”).
2. Facilities making sale of Schedule chemicals
must meet sale requirements under Article 12 of the Law on Chemicals and
Article 4; Clause 2 Article 5; Clause 1 and Clause 2 Article 6 of Decree No.
113/2017/ND-CP.
Article 9. Implementation of regulations on
chemical management
1. Chemical emergency preparedness plan
Organizations and individuals producing, selling,
processing, consuming, and storing Schedule chemicals; producing DOC, DOC-PSF
chemicals must comply with regulations on chemical emergency preparedness under
Articles 36, 37, 39, and 42 of the Law on Chemical; Articles 20 and 21 of
Decree No. 113/2017/ND-CP, amended by Decree No. 82/2022/ND-CP dated October
18, 2022 of the Government on amendment to Decree No. 113/2017/ND-CP dated
October 9, 2017 of the Government elaborating and guiding implementation of the
Law on Chemical (hereinafter referred to as “Decree No. 82/2022/ND-CP”).
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Organizations and individuals producing, importing
Schedule chemicals; producing DOC, DOC-PSF chemicals are responsible for
classifying, labeling, and producing Safety data sheet (SDS) for Schedule
chemicals, DOC, DOC-PSF chemicals before consuming, selling such chemicals on
the market in accordance with Articles 27, 28, and 29 of the Law on Chemical;
Article 23 and 24 of Decree No. 113/2017/ND-CP, amended by Decree No.
82/2022/ND-CP.
3. Toxic chemical sale sheet
Organizations and individuals purchasing, selling
Schedule chemicals, DOC, DOC-PSF chemicals are responsible for producing toxic
chemical sale sheet in accordance with Article 23 of the Law on Chemical where
chemicals show dangerous properties defined under Point dd to Point n Clause 4
Article 4 of the Law on Chemical.
4. Chemical safety training
Organizations and individuals producing Schedule
chemicals, DOC, DOC-PSF chemicals; selling, exporting, importing, processing, consuming,
and storing Schedule chemicals must comply with regulations pertaining to
chemical safety training under Articles 31, 32, 33, and 34 of Decree No.
113/2017/ND-CP, amended by Decree No. 82/2022/ND-CP.
5. Bottling and packaging of Schedule chemicals
Requirements regarding bottling and packaging of
Schedule chemicals shall conform to Article 7 of Decree No. 113/2017/ND-CP.
6. Chemical information declaration and storage
organizations
and individuals producing Schedule chemicals, DOC, DOC-PSF chemicals; selling,
importing, exporting, processing, using, and storing Schedule chemicals are
responsible for providing and storing chemical information in accordance with
Articles 49 and 53 of the Law on Chemical.
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Organizations and individuals transporting Schedule
chemicals and DOC, DOC-PSF chemicals must adhere to regulations pertaining to
transportation of hazardous commodities under road, inland waterway, railway,
civil aviation, maritime laws, international treaties to which Vietnam is a
signatory and other provisions of the laws.
Section 2. PRODUCTION AND SALE OF SCHEDULE
CHEMICALS; PRODUCTION OF DOC, DOC-PSF CHEMICALS
Article 10. Eligibility for license to produce,
sell Schedule chemicals
1. Eligibility for production
a) Enterprises are established in a manner
compliant with the law;
b) Technical facilities must meet production
requirements under Clause 1 Article 8 hereof;
c) The Technical Director or Vice Director or
technicians in charge of production of Schedule chemicals must have graduate
education or higher in chemical major;
d) Entities mentioned under Article 32 of Decree
No. 113/2017/ND-CP must receive chemical safety training.
2. Eligibility for sale
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b) Technical facilities must meet sale requirements
under Clause 2 Article 8 hereof;
c) Storage is available in form of existing storage
facilities or leased storage facilities or storage facilities of organizations,
individuals purchasing or selling chemicals and meets safe chemical storage and
fire safety requirements;
d) Individuals in charge of chemical safety in sale
establishments of Schedule chemicals must have intermediate-level education or
higher in chemical major;
dd) Entities mentioned under Article 32 of Decree
No. 113/2017/ND-CP must receive chemical safety training.
3. Facilities producing Schedule 1 chemicals must
meet, in addition to requirements under Clause 1 of this Article, requirements
below:
a) Production of Schedule 1 chemicals is only
allowed to serve special purposes defined under Clause 2 Article 6 of the Law
on Investment, including analysis, testing, scientific research, medical,
pharmaceutical production, criminal investigation, and national defense,
security;
b) Production scale of single small-scale
facilities, volume of reaction vessels must not exceed 100 liters; aggregate
volume of reaction vessels having more than 5 liters in volume must not exceed
500 liters. Production scale in other facilities and aggregate quantities must
not exceed 10 kg/year in respect of protective purpose; quantities must not
exceed 100 gram/year per chemical and aggregate quantities must not exceed 10
kg/year in respect of research, medical, pharmaceutical purposes; aggregate
quantities must not exceed 100 gram/year in respect of laboratories.
4. Facilities producing, selling Schedule 2 and
Schedule 3 chemicals shall meet, in addition to requirements under Clause 1 and
Clause 2 of this Article, the following requirements: Such facilities must only
produce, sell Schedule 2 and Schedule 3 chemicals for purposes not prohibited
according to Article 3 hereof.
Article 11. Documents and procedures for
issuance, reissuance, and amendment of License to produce Schedule 1 chemicals
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2. Application for issuance of License to produce
Schedule 1 chemicals
a) Form No. 1 Appendix II attached hereto;
b) Form No. 2 Appendix II attached hereto. Which
states that production scale of single small-scale facilities, volume of reaction
vessels do not exceed 100 liters; aggregate volume of reaction vessels with
more than 5 liters in volume does not exceed 500 liters. Production scale in
other facilities and aggregate quantities must not exceed 10 kg/year in respect
of protective purpose; quantities must not exceed 100 gram/year per chemical
and aggregate quantities must not exceed 10 kg/year in respect of research,
medical, pharmaceutical purposes; aggregate quantities must not exceed 100
gram/year in respect of laboratories. Copies of proof of use right in respect
of plots on which factories and storage facilities are built or lease contracts
for factories and storage facilities;
c) Copies of undergraduate degree or higher in
chemical major of Technical Director or Vice Director or technicians in charge
of chemical production;
d) Copies of Decision acknowledging chemical safety
training results according to Article 34 of Decree No. 113/2017/ND-CP, amended
by Decree No. 82/2022/ND-CP;
dd) Copies of Decisions approving or written confirmation
of documents relating to environmental protection in accordance with
regulations promulgated by competent authority;
e) Copies of written approval for fire prevention
and firefighting commissioning results of the fire department for each production
facility that requires approval for fire prevention and firefighting design.
Copies of Safety inspection records regarding fire
prevention and firefighting or documents of competent authority confirming
satisfaction of fire prevention and firefighting safety requirements for each
production facility that does not require approval for fire prevention and
firefighting design;
g) Written commitment stating that the production
of Schedule 1 chemicals only serves special purposes defined under Clause 2
Article 6 of the Law on Investment, including analysis, testing, scientific
research, medical, pharmaceutical production, criminal investigation, and
national defense, security.
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a) Organizations and individuals submitting
applications under Clause 2 of this Article to the Ministry of Industry and
Trade via post service or in-person or via online public service portal;
b) Where the application is inadequate or
illegitimate, the Ministry of Industry and Trade shall, within 3 working days
from the date on which they receive the application, notify the applicants for
revision. The time it takes the applicants to amend their applications is
excluded from the time limit for licensing under Point c of this Clause;
c) Within 16 days from the date on which adequate
applications under Clause 2 of this Article are received, the Ministry of
Industry and Trade is responsible for reviewing, appraising the applications
and conducting physical evaluation. Where production requirements are met,
within 3 working days, the Ministry of Industry and Trade shall request the
Prime Minister to issue license to produce Schedule 1 chemicals using Form No.
3 under Appendix II hereof. Where production requirements are not met, within 3
working days, the Ministry of Industry and Trade shall respond in writing to
state rejection and reason therefor;
d) Where necessary, the Ministry of Industry and
Trade shall consult governing Ministry in writing before requesting the Prime
Minister to issue License. Time limit for consulting is 5 working days,
excludes the time it takes to send and receive documents, and does not include
in the time limit for licensing under this Article. If the governing Ministry
does not respond in writing within the time limit prescribed above, they are
considered approving the application for licensing.
4. Documents and procedures for reissuance of the
License
a) Where the License is lost, damaged, incorrect,
or where information relating to the License holders changes, the License
holders shall submit application for reissuance of the License to the Ministry
of Industry and Trade via post service or in-person or via online public
service;
b) Application for reissuance of the License includes:
Form No. 1 under Appendix II attached hereto; originals of the License if the
License is incorrect or if information relating to establishment registration
of the License holders changes; remaining identifiable originals of the License
if the License is damaged (if any);
c) Within 5 working days from the date on which
adequate applications are received, the Ministry of Industry and Trade shall
examine and request the Prime Minister to re-issue License to the applicants.
Where the Prime Minister decides not to reissue the License, the Ministry of
Industry and Trade shall respond in writing and state reason for rejection.
5. Documents and procedures for amendment to the
License
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b) Application for amendment to License includes:
Form No. 1 under Appendix II attached hereto; originals of issued License;
documents proving fulfillment of production requirements for information
subject to change;
c) Procedures for amendment to the License are
similar those for issuing new License.
Article 12. Documents and procedures for
issuance, reissuance, amendment, and exemption from License to produce, sell
Schedule 2 and Schedule 3 chemicals
1. The Ministry of Industry and Trade shall receive
applications, appraise, conduct physical evaluation, issue, reissue, and amend
License to produce, sell Schedule 2 and Schedule 3 chemicals.
2. Application for issuance of license to produce
Schedule 2 and Schedule 3 chemicals
a) Form No. 1 Appendix II attached hereto;
b) Form No. 2 Appendix II attached hereto. Copies
of proof of use right in respect of plots on which factories and storage
facilities are built or lease contracts for factories and storage facilities;
c) Copies of undergraduate degree or higher in
chemical major of Technical Director or Vice Director or technicians in charge
of chemical production in Schedule facilities;
d) Copies of Decision acknowledging chemical safety
training results according to Article 34 of Decree No. 113/2017/ND-CP, amended
by Decree No. 82/2022/ND-CP;
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e) Copies of written approval for fire prevention
and firefighting commissioning results of the fire department for each
production facility that requires approval for fire prevention and firefighting
design.
Copies of Safety inspection records regarding fire
prevention and firefighting or documents of competent authority confirming
satisfaction of fire prevention and firefighting safety requirements for each
production facility that does not require approval for fire prevention and
firefighting design;
g) Written commitment stating that the production
of Schedule 2 and Schedule 3 chemicals only serves purposes not prohibited in
accordance with Article 3 hereof.
3. Application for issuance of License to sell
Schedule 2 and Schedule 3 chemicals
a) Form No. 1 under Appendix II attached hereto;
b) Declarations of sale establishments;
c) Copies of Decisions approving or written
confirmation of documents relating to environmental protection in accordance
with regulations promulgated by competent authority;
d) Copies of written approval for fire prevention
and firefighting commissioning results issued by fire department for each
chemical storage facility that requires approval for fire prevention and
firefighting design.
Copies of Safety inspection records regarding fire
prevention and firefighting or documents of competent authority confirming
satisfaction of fire prevention and firefighting safety requirements for each
chemical storage facility that does not require approval for fire prevention
and firefighting design;
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e) Declaration of technical equipment, personal
protective and safety equipment in each sale establishment;
g) Copies of intermediate education degree or
higher in chemical major of individuals in charge of chemical safety;
h) Copies of Decision acknowledging chemical safety
training results according to Article 34 of Decree No. 113/2017/ND-CP, amended
by Decree No. 82/2022/ND-CP;
i) Written commitment stating that the sale of
Schedule 2 and Schedule 3 chemicals only serves purposes not prohibited under
Article 3 hereof.
4. Application for issuance of License to produce
and sell Schedule 2 and Schedule 3 chemicals
a) Form No. 1 under Appendix II attached hereto;
b) Declaration of chemical production and sale facilities;
c) Copies of decision approving or written
confirmation for documents relating to environmental protection issued by
competent authority for each chemical production and storage facility;
d) Copies of written approval for fire prevention
and firefighting commissioning results issued by fire department for each
chemical production and storage facility that requires approval for fire
prevention and firefighting design.
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dd) Form No. 5 under Appendix II attached hereto.
Copies of documents proving use right of plots on
which chemical production and storage facilities are built or lease contracts
for factories, storage facilities or contracts, agreements regarding the sale
of chemicals when using storage facilities of chemical buyers or sellers;
e) Declaration of technical equipment, personal
protective and safety equipment in each chemical production and sale facility;
g) Copies of undergraduate degree or higher in
chemical major of Technical Director or Vice Director of technicians in charge
of chemical production in production facilities; Copies of intermediate
education degree or higher in chemical major of individuals in charge of
chemical safety;
h) Copies of Decision acknowledging chemical safety
training results according to Article 34 of Decree No. 113/2017/ND-CP, amended
by Decree No. 82/2022/ND-CP;
i) Written commitment stating that the production
and sale of Schedule 2 and Schedule 3 chemicals only serve purposes not
prohibited under Article 3 hereof.
5. Procedures for appraising and issuing License to
produce and sell Schedule 2, Schedule 3 chemicals
a) Organizations and individuals submitting
applications under Clause 2, Clause 3, and Clause 4 of this Article to the
Ministry of Industry and Trade via post service or in-person or via online
public service portal;
b) Where the application is inadequate or
illegitimate, the Ministry of Industry and Trade shall, within 3 working days
from the date on which they receive the application, notify the applicants for
revision. The time it takes the applicants to amend their applications is
excluded from the time limit for licensing under Point c of this Clause;
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d) Where production and sale of Schedule 2,
Schedule 3 chemicals serve specialized purposes (medical, pharmaceutical,
agricultural, national security and defense), when necessary, the Ministry of
Industry and Trade shall consult governing Ministry in writing before issuing
License. Time limit for consulting is 5 working days, excludes the time it
takes to send and receive documents, and does not include in the time limit for
licensing under this Article. If the governing Ministry does not respond in
writing within the time limit prescribed above, they are considered approving
the application for licensing.
dd) The Ministry of Industry and Trade shall, after
issuing License, send a copy to Department of Industry and Trade where the
applicants are based for joint monitoring and management.
6. License to sell Schedule 2 and Schedule 3
chemicals shall be exempted where concentration of these chemicals is below 1%.
7. Documents and procedures for reissuing License
to produce and sell Schedule 2, Schedule 3 chemicals
a) Where License to produce and sell Schedule 2,
Schedule 3 chemicals is lost, damaged, incorrect or where there are changes to
information relating to establishment registration of License holders, the
License holders shall submit application for reissuance of the License to the
Ministry of Industry and Trade via post service, in-person, or online public
service;
b) Application for reissuance of License includes:
Written application for reissuance of License; original License where the
License is incorrect or there are changes to information of License holders;
remaining identifiable originals of the License where the License is damaged
(if any);
c) Within 5 working days from the date on which
adequate applications are received, the Ministry of Industry and Trade shall
examine and reissue License to the applicants and send a copy to the Department
of Industry and Trade where the applicants are based. Where License reissuance
is rejected, the Ministry of Industry and Trade shall respond in writing and
state reasons for rejection;
8. Documents and procedures for amendment to
License to produce and sell Schedule 2, Schedule 3 chemicals
a) Where there are changes to location of chemical
production and sale facilities; model, scale, or type of chemicals,
organizations and individuals shall submit application for amendment to the
License to the Ministry of Industry and Trade via post service, in-person, or
via online public service;
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c) Procedures for amending the License are similar
to those for issuing new License.
Article 13. Physical evaluation of Schedule
chemical production and sale facilities for licensing purpose
1. Physical evaluation of Schedule chemical
production and sale facilities consists of on-site monitoring for fulfillment
of requirements pertaining to chemical safety; document review and research,
and other relevant activities.
2. Contents of physical evaluation of Schedule
chemical production and sale are specified under Form No. 6 of Appendix II
attached hereto. Throughout physical evaluation of Schedule chemical production
and sale, evaluation team shall log evaluation record using Form No. 7 under
Appendix II attached hereto.
3. The Ministry of Industry and Trade shall
establish evaluation teams for conducting physical evaluation at Schedule
chemical production and sale facilities. An evaluation team consists of at
least 3 members, 2 of which are affiliated to the Ministry of Industry and
Trade (where 1 of which acts as team leader) and 1 member is representative of
Department of Industry and Trade where headquarters are based or where chemical
storage facilities of organizations, individuals producing, selling Schedule
chemicals are located.
Article 14. Revocation of License to produce and
sell Schedule chemicals
1. Authority entitled to issuing License to produce
and sell Schedule chemicals shall also be entitled to revoking the License.
2. The revocation of License shall conform to
Article 18 of the Law on Chemical and guiding documents.
Article 15. Responsibilities of holders of
License to produce and sell Schedule chemicals
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1. Produce and sell Schedule chemicals only after
obtaining License to produce and sell Schedule chemicals issued by competent
authority and meeting fire safety and environment requirements as per the law.
2. Maintain conditions pertaining to the production
and sale of Schedule chemicals throughout production and sale process and
regulations pertaining to chemical management under Articles 8, 9, and 10
hereof after licensing.
3. Keep a separate logbook to monitor the sale of
Schedule chemicals. Logbook shall contain: Name of Schedule chemicals,
contents, quantities imported, exported, purchased, sold, stored; name of
customers, address of headquarters, business address, phone number, purpose of
sale of Schedule chemicals.
4. Exercise regulations pertaining to reporting
under Articles 23, 24, and 25 hereof; regulations pertaining to verification
inspection, investigation, and examination under Chapter IV hereof.
5. Keep License to produce and sell Schedule
chemicals at production and sale facilities to enable organizations and
individuals to conduct safety control at chemical facilities and present the
License to competent authority when requested.
6. Legal responsibilities shall be assumed where
Schedule chemicals are lost during transportation or at facilities.
Article 16. Requirements for DOC, DOC-PSF
chemical production facilities
DOC, DOC-PSF chemical production facilities must:
1. Meet requirements in production and regulations
on chemical management under Article 8 and Article 9 hereof.
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3. Adhere to regulations on verification
inspection, investigation, and examination under Chapter IV hereof where
quantities of DOC production facilities exceed 200 tonne/year, quantities of
DOC-PSF chemical production facilities exceed 30 tonne/year.
Section 3. IMPORT AND EXPORT OF SCHEDULE
CHEMICALS
Article 17. General requirements regarding
import and export of Schedule chemicals
1. Organizations and individuals must only import,
export Schedule 1 chemicals and Schedule 2 chemicals from States-Parties of
CWC. Where the export of Schedule 3 chemicals involves an organization or
individual from a state that is not a State-Party of the CWC, an End-use
Certificate issued by competent authority of that state shall be required.
2. Organizations and individuals importing,
exporting Schedule chemicals must obtain license issued by competent authority.
License to import, export Schedule chemicals serves as a requirement to obtain
customs clearance upon import and export of Schedule chemicals.
3. Organizations and individuals importing Schedule
chemicals must only use these Schedule chemicals for sale purposes after
obtaining License to sell Schedule chemicals issued by competent authority.
4. Organizations and individuals importing,
exporting Schedule chemicals must adhere to regulations on reporting under
Articles 23, 24, and 25 hereof; regulations on investigation and examination
under Articles 34 and 35 hereof.
5. Organizations and individuals importing Schedule
chemicals for use in production process must meet requirements under Articles
21 and 22 hereof.
6. Organizations and individuals obtaining License
to import Schedule chemicals are not required to exercise regulations
pertaining to declaration of chemicals under List of chemicals requiring
declaration according to the Law on Chemical and Decree No. 113/2014/ND-CP,
amended by Decree No. 82/2022/ND-CP.
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1. The Ministry of Industry and Trade shall receive
application for issuance, reissuance, amendment, and extension of License to
import, export Schedule 1 chemicals and submit to the Prime Minister.
2. Application for issuance of License to import,
export Schedule 1 chemicals
a) Form No. 2 Appendix II attached hereto;
b) Copies of Business Registration Certificate or
Cooperative Registration Certificate or Business Household Registration
Certificate;
c) Copies of any of the following: contracts,
agreements regarding the sale, invoices, bills of lading indicating names,
quantity of Schedule chemicals, expected date of export, import, expected
importing, exporting countries;
d) Safety Data Sheet (in Vietnamese)
3. Procedures for issuing License to import, export
Schedule 1 chemicals
a) Organizations and individuals submitting
applications under Clause 2 of this Article to the Ministry of Industry and
Trade via post service or in-person or via online public service portal;
b) Where the application is inadequate or
illegitimate, the Ministry of Industry and Trade shall, within 3 working days
from the date on which they receive the application, notify the applicants for
revision. The time it takes the applicants to amend their applications is
excluded from the time limit for licensing under Point c of this Clause;
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d) License to import, export Schedule 1 chemicals
uses Form No. 4 under Appendix II attached hereto and is valid for 6 months
from the date of issue;
dd) Where necessary, the Ministry of Industry and
Trade shall consult governing Ministry in writing before requesting the Prime
Minister to issue License. Time limit for consulting is 5 working days,
excludes the time it takes to send and receive documents, and does not include
in the time limit for licensing under this Article. If the governing Ministry
does not respond in writing within the time limit prescribed above, they are
considered approving the application for licensing.
4. Documents and procedures for reissuance of the
License
a) Where the License is lost, damaged, incorrect,
or where registration information relating to the License holders changes, the
License holders shall submit application for reissuance of the License to the
Ministry of Industry and Trade via post service or in-person or via online
public service;
b) Application for reissuance of License includes:
Written application for reissuance of License; original License where the
License is incorrect or there are changes to information of License holders;
remaining identifiable originals of the License where the License is damaged
(if any);
c) Within 5 working days from the date on which
adequate applications are received, the Ministry of Industry and Trade shall
examine and request the Prime Minister to re-issue License to the applicants.
Where the Prime Minister decides not to reissue the License, the Ministry of
Industry and Trade shall respond in writing and state reason for rejection;
d) Effective period of a re-issued License equals
the remaining effective period of previously issued License.
5. Documents and procedures for amendment to
License
a) Where there are changes to contracts, agreements
regarding sale, orders, minutes, or invoices, organizations and individuals
shall submit application for amendment to the License to Ministry of Industry
and Trade via post service, in-person, or online public service;
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c) Procedures for amendment to the License are
similar those for issuing new License.
6. Documents and procedures for extension of
License
a) License is eligible for extension before expiry
dictated in the License to import, export according to Clause 3 of this Article
where import, export process has not been implemented or fully implemented.
Each License is only eligible for extension once;
b) At least 10 working days before the expiry of
the License, License holders shall submit application for extension to the
Ministry of Industry and Trade via post service or in-person or via online
public service;
c) Application for extension consists of: Written
application for extension; copies of issued License;
d) Within 5 working days from the date on which
adequate applications are received, the Ministry of Industry and Trade shall
examine and request the Prime Minister to extend the License of the applicants.
Where the Prime Minister decides not to extend the License, the Ministry of
Industry and Trade shall respond in writing and state reason for rejection;
dd) License shall be extended for a maximum of 6
months from the date on which the extension is granted.
Article 19. Documents and procedures for
issuance, reissuance, amendment, extension, and exemption of License to import,
export Schedule 2 and Schedule 3 chemicals
1. The Ministry of Industry and Trade shall receive
application for issuance, reissuance, amendment, and extension of License to
import, export Schedule 2 and Schedule 3 chemicals.
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a) Form No. 2 Appendix II attached hereto;
b) Copies of Business Registration Certificate or
Cooperative Registration Certificate or Business Household Registration
Certificate;
c) Copies of any of the following: contracts,
agreements regarding the sale, invoices, bills of lading indicating names,
quantity of Schedule chemicals, expected date of export, import, expected
importing, exporting countries;
d) Safety Data Sheet (in Vietnamese);
dd) Copies of End-use Certificate issued by
competent authority of the importing country that is not a State-Party of the
CWC (where Schedule 3 chemicals are exported to a country that is not a
State-Party of the CWC).
3. Procedures for issuance of License to import,
export Schedule 2 and Schedule 3 chemicals
a) Organizations and individuals submitting
applications under Clause 2 of this Article to the Ministry of Industry and
Trade via post service or in-person or via online public service portal;
b) Where the application is inadequate or
illegitimate, the Ministry of Industry and Trade shall, within 3 working days
from the date on which they receive the application, notify the applicants for
revision. The time it takes the applicants to amend their applications is
excluded from the time limit for licensing under Point c of this Clause;
c) The Ministry of Industry and Trade shall, within
7 working days from the date on which they receive adequate applications,
examine and issue License to import, export Schedule 2 and Schedule 3
chemicals. Where the application is rejected, the Ministry of Industry and
Trade shall respond and state reasons in writing;
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dd) Where the import and/or export of Schedule 1,
Schedule 2, Schedule 3 chemicals serves specialized purposes (medical,
pharmaceutical, agriculture, national security and defense), the Ministry of
Industry and Trade shall, when necessary, consult relevant Ministry before
licensing. Time limit for consulting is 5 working days, excludes the time it
takes to send and receive documents, and does not include in the time limit for
licensing under this Article. If the governing Ministry does not respond in
writing within the time limit prescribed above, they are considered approving
the application for licensing.
4. License to import, export Schedule 2 and
Schedule 3 is exempt where content of these chemicals is below 1%.
5. Documents and procedures for reissuance of the
License
a) Where the License is lost, damaged, incorrect,
or where registration information relating to the License holders changes, the
License holders shall submit application for reissuance of the License to the
Ministry of Industry and Trade via post service or in-person or via online
public service;
b) Application for reissuance of License includes:
Written application for reissuance of License; original License where the
License is incorrect or there are changes to information of License holders;
remaining identifiable originals of the License where the License is damaged
(if any);
c) Within 5 working days from the date on which
adequate applications are received, the Ministry of Industry and Trade shall
examine and request the Prime Minister to re-issue License to the applicants.
Where License reissuance is rejected, the Ministry of Industry and Trade shall
respond in writing and state reasons for rejection;
d) Effective period of a re-issued License equals
the remaining effective period of previously issued License.
6. Documents and procedures for amendment to
License
a) Where there are changes to contracts, agreements
regarding sale, orders, minutes, or invoices, organizations and individuals
shall submit application for amendment to the License to Ministry of Industry
and Trade via post service, in-person, or online public service;
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c) Time limit for issuing an amended License is
similar to that for issuing new License.
7. Documents and procedures for extension of
License
a) License is eligible for extension before expiry
dictated in the License to import, export according to Clause 3 of this Article
where import, export process has not been implemented or fully implemented.
Each License is only eligible for extension once;
b) At least 05 working days before the expiry of
the License, License holders shall submit application for extension to the
Ministry of Industry and Trade via post service or in-person or via online
public service;
c) Application for extension consists of: Written
application for extension; copies of issued License;
d) Within 5 working days from the date on which
adequate applications are received, the Ministry of Industry and Trade shall
examine extend the License of the applicants. Where License issuance is
rejected, the Ministry of Industry and Trade shall respond in writing and state
reasons for rejection;
dd) License shall be extended for a maximum of 6
months from the date on which the extension is granted.
8. The reception of application, issuance,
reissuance, amendment, extension of License to import, export Schedule 2 and
Schedule 3 chemicals are implemented via the National Single-window Web Portal.
9. Where organizations and individuals proceed with
procedures for importing, exporting Schedule 2 and Schedule 3 chemicals, they
are not required to present License to sell Schedule 2 and Schedule 3 chemicals
to customs authority.
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1. The authority entitled to issuing License to
import, export Schedule chemicals is also entitled to revoking the License.
2. The revocation of License shall conform to
Article 18 of the Law on Chemical and guiding documents.
Section 4. PROCESSING, CONSUMING, AND STORING
SCHEDULE CHEMICALS
Article 21. Requirements for processing,
consumption, and storage of Schedule chemicals
1. Organizations and individuals processing,
consuming, and storing Schedule chemicals for the purpose of producing other
products and commodities must adhere to Chapter V of the Law and Article 8
hereof.
2. Organizations and individuals processing,
consuming, and storing Schedule 1 chemicals shall comply with reporting
regulations under Article 23 hereof. Organizations and individuals processing,
consuming, and storing Schedule 2 chemicals shall comply with reporting
regulations under Article 24 hereof.
3. Organizations and individuals processing,
consuming, and storing Schedule shall comply with regulations on verification
inspection under Chapter IV hereof.
Article 22. Documents monitoring Schedule
chemical processing and consumption
1. Facilities processing and consuming Schedule
chemicals must keep documents monitoring Schedule chemical processing and
consumption.
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b) Chemical SDS according to Article 24 of Decree
No. 113/2017/ND-CP, amended by Decree No. 82/2022/ND-CP.
2. Contents of the Schedule chemical processing and
consumption logbook must be up-to-date and containing: Scientific name, trade
name, chemical formula of chemicals; amount of chemicals processed or consumed,
information relating to chemical emergency, chemical safety (if any); new and
dangerous properties, effect of chemicals (if any).
3. Schedule chemical processing and consumption
logbook and SDS must be kept at facilities processing, consuming Schedule
chemicals for 3 years from the date on which the processing and consumption of
chemicals no longer take place.
Chapter III
REPORTING FOR SCHEDULE CHEMICALS, DOC, DOC-PSF
CHEMICALS
Article 23. Reporting for Schedule 1 chemicals
1. Organizations and individuals producing,
importing, exporting, processing, consuming, and storing Schedule 1 chemicals
must submit reports using Form No. 8 under Appendix II attached hereto to the
Vietnam Chemicals Agency.
2. Reporting and timing:
a) At least 210 days before the facility enters
into operation (using Form No. 08a under Appendix II) or before revision,
amendment is made or before current operation is changed (using Form No. 08b
under Appendix II);
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c) Before February 15 annually, reports on
activities that take place in the previous year and expected activities in the
following year (using Form No. 08d under Appendix II). Annual reports are
implemented via the National Chemical Database.
Article 24. Reporting for Schedule 2 chemicals
1. Organizations and individuals producing,
selling, importing, exporting, processing, consuming Schedule 2 chemicals in
quantities of 1 kg per year per chemical under Schedule 2A*; 100 kg per year
per chemical under Schedule 2A; 1 tonne per year per chemical under Schedule 2B
or contents of 1% or higher for chemicals under Schedules 2A* and 2A; contents
of 30% or higher for chemicals under Schedule 2B must submit reports using Form
No. 9 under Appendix II attached hereto.
2. Reporting and timing:
a) At least 60 days before the facility enters into
operation (using Form No. 09a under Appendix II);
b) At least 30 days before amendment, revision is
made or before current operation is changed (using Form No. 09b under Appendix
II);
c) Before February 15 annually, reports on
activities that take place in the previous year and expected activities in the
following year (using Form No. 09c under Appendix II). Annual reports are
implemented via the National Chemical Database.
Article 25. Reporting for Schedule 3 chemicals
1. Organizations and individuals producing,
selling, importing, exporting Schedule 3 chemicals in contents of 30% or higher
must submit reports using Form No. 10 under Appendix II attached hereto to the
Vietnam Chemicals Agency.
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a) At least 60 days before the facility enters into
operation (using Form No. 10a under Appendix II);
b) At least 30 days before amendment, revision is
made or before current operation is changed (using Form No. 10b under Appendix
II);
c) Before February 15 annually, reports on
activities that take place in the previous year and expected activities in the
following year (using Form No. 10c under Appendix II). Annual reports are
implemented via the National Chemical Database.
Article 26. Reporting for DOC, DOC-PSF chemicals
1. Organizations and individuals producing DOCs in
quantities of 200 tonne per year or higher and producing DOC-PSF chemicals in
quantities of 30 tonne per year or higher must submit reports using Form No. 11
under Appendix II attached hereto to the Vietnam Chemicals Agency.
2. Reporting and timing:
a) At least 60 days before the facility enters into
operation (using Form No. 11a under Appendix II);
b) At least 30 days before amendment, revision is
made or before current operation is changed (using Form No. 11b under Appendix
II);
c) Before February 15 annually, reports on
activities that take place in the previous year and expected activities in the
following year (using Form No. 11c under Appendix II). Annual reports are
implemented via the National Chemical Database.
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REGULATIONS ON INSPECTION AND EXAMINATION
Section 1. VERIFICATION INSPECTION
Article 27. Subject of inspection
1. Schedule 1 facilities are subjects of initial
inspection and systematic inspection conducted by the Organization.
2. Schedule 2 facilities are subjects of initial
inspection and systematic inspection conducted by the Organization where
quantities equal or exceed:
a) 10 kg per year per Schedule 2A* chemical;
b) 1 tonne per year per Schedule 2A chemical;
c) 10 tonne per year per Schedule 2B chemical.
3. Schedule 3 facilities are subjects to initial
inspection and routine inspection conducted by the Organization where
quantities equal to or exceed 200 tonne per year.
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5. The Organization may conduct challenge
inspection at any Schedule 1 facility, Schedule 2 facility, Schedule 3
facility, or DOC, DOC-PSF facility where accusations regarding violation of the
CWC are made.
Article 28. Responsibilities of inspected
facilities
Inspected facilities have the responsibility to:
1. Fully adhere to regulations on inspection of the
Organization; comply with instructions of the Escort during on-site inspection
process; cooperate and enable the Inspection Team of the Organization to
perform their duties under inspection order.
2. Situate working offices, file cabinets with
locks, landlines capable of making international calls, facsimile machines, and
document shredders for Inspection Team.
3. Assign (managerial, technical, technology,
business, finance, environment, occupational safety) personnel with entitlement
and understanding of operation of the Schedule facilities to work with the
Inspection Team.
4. Prepare adequate documents, texts, graphs,
illustrations, and files necessary to work with the Inspection Team.
5. Assist the Inspection Team in collecting samples
when requested.
6. Apply for reimbursement for incurred costs from
the Secretariat of the Organization using form provided by the Organization.
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1. In respect of Schedule 1 facilities
a) Examine activities at facilities according to
Part I - Verification Annex of the CWC;
b) Examine compliance with regulations on reporting
of Schedule 1 chemicals;
c) Evaluate risk possibilities of chemical
activities at facilities.
2. In respect of Schedule 2 facilities
a) Examine activities at facilities according to
Part IV - Verification Annex of the CWC;
b) Examine compliance with regulations on reporting
of Schedule 2 chemicals;
c) Evaluate risk possibilities of chemical
activities at facilities.
3. In respect of Schedule 3 facilities and DOC,
DOC-PSF facilities
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b) Examine Schedule chemicals produced at the
facilities according to Part X - Verification Annex of the CWC.
Article 30. Responsibilities of Vietnamese
National Authority and Escort in receiving and working with Inspection Team of
the Organization
1. The Vietnamese National Authority shall request
the Prime Minister to establish Escort to welcome and work with Inspection Team
of the Organization. Members of the Escort consist of representatives of:
Ministry of National Defense, Ministry of Public Security, Ministry of Foreign
Affairs, Ministry of Industry and Trade, and People's Committees of province
and city where the Inspection Team arrives.
2. The Escort shall, on behalf of Vietnam National
Authority, perform the following tasks:
a) Exercise the right to inspection according to
Clause 29 Section c Part II - Verification Annex of the CWC to maintain
compliance of equipment carried by the Inspection Team into Vietnam;
b) Enable Inspection Team to fulfill their tasks in
accordance with inspection decision of the Organization;
c) Cooperate with inspected facility and relevant
authorities and departments in adopting measures to protect facilities,
information, and data irrelevant to the goals and scope of inspection.
3. In respect of Schedule 1 and Schedule 2
facilities: During period of initial inspection, the Vietnamese National
Authority, the Escort, and facility representatives shall work with the
Inspection Team to unify contents of facility agreements which dictate details
of routine inspection at the facilities following initial inspection.
4. The Vietnamese National Authority and Escort
must adhere to regulations on protection of state secret in relation, contact
with foreign organizations and individuals.
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1. In respect of Schedule 1 facilities
a) Inspection decision must be notified at least 24
hours prior to arrival at point-of-entry;
b) Period of on-site inspection depends on risk
possibilities in respect of goals and purposes of the CWC.
2. In respect of Schedule 2 facilities
a) Inspection decision must be notified at least 48
hours prior to arrival at point-of-inspection;
b) Period of on-site inspection is 96 hours or
longer depending on specific agreement.
3. In respect of Schedule 3 facilities and DOC,
DOC-PSF facilities
a) Inspection decision must be notified at least
120 hours prior to arrival at point-of-inspection;
b) Period of on-site inspection is 24 hours or
longer depending on specific agreement.
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1. Inspection methods
a) Visually inspect production equipment, control
rooms, laboratories, ingredient storage facilities, and waste treatment sites;
b) Inspect documents and texts;
c) Discuss and interview;
d) Collect and analyze samples if necessary.
2. Inspection procedures
a) Acknowledge information relating to the
facilities delivered by facility representatives, including: Facility
operation, layout illustration of factories and plants subject to inspection;
chemical reaction; technology procedures; production material and ingredient
balance; waste management; environmental protection, occupational safety and
health protection measures;
b) Physically inspect work items in facility
vicinity;
c) Unify inspection plans and contents;
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Examining documents includes: Documents on
technology lines (illustrations of technology lines, capacity, illustration of
technology charts, factory graphs); operation diaries, document of batches;
quality control documents, analysis documents; documents on storage and
transportation (internal and external); documents on health, safety,
environmental assurance, including material safety data sheet (MSDS) of
chemicals, standard operating procedures (SOP), separate safety regulations of
the facilities, regulations on threshold exposure to chemicals present in the
facilities, warnings for possible risks;
dd) Within 24 hours following an inspection, the
Inspection Team, facility representatives, and the Vietnamese National
Authority shall review initial inspection results reached by the Inspection
Team and clarify remaining doubts (if any). Initial results are presented in
draft Preliminary inspection report signed by facility representatives, the
Vietnamese National Authority, and Leader of Inspection Team.
3. In respect of Schedule 1 and Schedule 2
facilities
a) During period of initial inspection,
negotiations between Inspection Team and the Vietnamese National Authority
shall be implemented to conclude contents of draft agreements relating to
on-site inspection which are to be presented to the Organization and Vietnamese
Government for signing;
b) Routine inspection in Schedule 1 and Schedule 2
facilities shall be similar to inspection of Schedule 3 facilities and DOC,
DOC-PSF facilities under Point b Clause 17 Article 4 hereof.
4. Challenge inspection
a) Challenge inspection is conducted to clarify
accusations made by a State-Party regarding violation of the CWC in a chemical
facility of another State-Party;
b) Challenge inspection must be notified at least
12 hours prior to arrival at point-of-entry. Period of on-site inspection does
not exceed 84 hours unless otherwise agreed upon by the inspected state.
Article 33. Privileges and immunities
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2. Samples and equipment named under equipment list
approved by Conference of the States Parties to be carried by Verification and
Inspection Team into Vietnam for the performance of inspection tasks shall be
exempt from reporting, customs inspection responsibilities and import, export
duties.
Section 2. INVESTIGATION AND EXAMINATION
Article 34. Investigation
1. Investigation of activities relating to the
implementation of the CWC shall conform to investigation laws.
2. Surprise investigation is conducted when:
a) Competent authority, through their management
activities, discover information and/or documents suspicious of violation of
CWC, this Decree, or relevant law provisions;
b) Accusations or denunciations regarding
violations are made.
Article 35. Examination
1. On an annual basis, the Vietnamese National
Authority shall take charge and cooperate with relevant agencies in examining
Schedule facilities and DOC, DOC-PSF chemical facilities.
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3. Examination serves to ensure that:
a) Subjects of examination fully comply with
Verification Annex of the CWC;
b) Specialized capability of subjects of
examination is improved; reception of Inspection Team of Organization is
adequately prepared;
c) Regulations of the CWC are communicated to
subjects of examination.
Chapter V
STATE MANAGEMENT REGARDING IMPLEMENTATION OF CHEMICAL
WEAPONS CONVENTION
Article 36. Responsibilities of the Government,
ministries, ministerial agencies
1. The Government unifies the management of
implementation of CWC on a nationwide-level.
2. The Ministry of Industry and Trade is
responsible for implementing the CWC. The Ministry of Industry and Trade shall,
within their tasks and powers:
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b) issue, reissue, amend, extend, revoke License to
produce, sell, import, export Schedule 2 chemicals and Schedule 3 chemicals;
receive application and request Prime Minister to issue, reissue, amend,
extend, revoke License to produce, import, export Schedule 1 chemicals;
c) manage the production, sale, import, export,
processing, consumption, storage of chemicals under control according to CWC;
d) conduct investigations and examinations
regarding production, sale, import, export, processing, consumption, and
storage of chemicals under control according to CWC;
dd) publicize and communicate CWC, relevant law
provisions;
e) take charge of international cooperation within
the framework of CWC.
3. The Ministry of National Defense manages
munitions and equipment under Points b and c Clause 1 Article 4 of this Decree;
manages, investigates, and examines activities relating to CWC in entities
affiliated to the Ministry of National Defense.
4. The Ministry of Public Security manages riot
control agents under Clause 5 Article 4 hereof; manages, investigates, and
examines activities relating to CWC in entities affiliated to the Ministry of
Public Security.
5. The Ministry of Foreign Affairs is responsible
for cooperating in issuing entry visas for inspectors and inspection assistants
of the Organization in a manner compliant with Vietnam’s domestic laws.
6. The Ministry of Information and Communications
reviews and issues license to use radio frequency in accordance with Vietnam's
domestic laws in regard to radio equipment of the Organization named under List
of inspection equipment with operational requirements and technical parameters
approved by Conference of States-Parties to maintain internal communication
within the Organization during period of inspection in Vietnam.
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People’s Committees of all levels have the
responsibility to:
1. Cooperate with the Vietnamese National Authority
in welcoming Inspection Team at Schedule facilities and DOC, DOC-PSF chemical
facilities.
2. Cooperate with Ministry of Industry and Trade in
conducting investigations and examinations, settling complaints and
accusations, dealing with violations relating to activities involving Schedule
chemicals, DOC, DOC-PSF chemicals in respect of licensed entities in their area
as per the law.
3. Cooperate with Ministry of Industry and Trade in
publicizing and communicating regulations on management of Schedule chemicals
and DOC, DOC-PSF chemicals in their area as per the law.
4. Receive periodic reports submitted by
organizations and individuals producing, selling, importing, exporting,
consuming, and storing Schedule chemicals and producing DOC, DOC-PSF chemicals
in their area.
Chapter VI
IMPLEMENTATION
Article 38. Transition clauses
1. License to import, export Schedule chemicals
issued before the effective date hereof shall remain valid until its specified
expiry.
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3. Certificate of eligibility for producing,
selling chemicals for conditional production and sale for chemicals annulled by
Clause 3 Article 5 hereof issued before the effective date hereof shall remain
valid for 1 year following the effective date hereof.
4. Procedures for declaring imported chemicals in
regard to chemicals that must be declared and are annulled by Clause 4 Article
5 hereof implemented before the effective date hereof shall remain valid until
import procedures complete.
5. Schedule chemical production and sale facilities
shall review and complete Schedule chemical production and sale conditions
under this Decree and apply for License to produce and sell Schedule chemicals
within 12 months from the effective date hereof.
6. Regulations pertaining to reports on Schedule
chemicals, DOC, DOC-PSF chemicals under Point c Clause 2 of Articles 23, 24,
25, and 26 hereof submitted via National Chemical Database enter into force
from February 15, 2025.
Article 39. Terms of reference
Where documents referred to under this Decree are
amended or replaced, the new versions shall prevail.
Article 40. Entry into force
1. This Decree comes into force from May 19, 2024.
2. This Decree replaces the following documents;
Points, Clauses, Articles of the following documents:
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b) Article 9, Point a Clause 2 Article 47 of Decree
No. 77/2016/ND-CP dated July 1, 2016 of the Government;
c) Article 12 and Article 13 of Decree No.
08/2018/ND-CP dated January 15, 2018 of the Government;
d) Article 6 and Article 7 of Decree No.
17/2020/ND-CP dated February 5, 2020 of the Government.
3. Annul Decision No. 76/2002/QD-TTg dated June 14,
2002 of the Prime Minister.
Article 41. Organizing implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of People's Committees of provinces and
central-affiliated cities, and relevant organizations, individuals shall be
responsible for the implementation of this Decree.
ON BEHALF OF.
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Luu Quang
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APPENDIX I
LIST OF SCHEDULE
CHEMICAL
(Attached to Decree No. 33/2024/ND-CP dated March 27, 2024 of the
Government)
Chemicals named in the Schedule below are primary
chemicals (substrates) whereas their derivatives are named under Chemical
manual by the Organization or Database of the Organization (https://apps.opcw.org/CAS/default.aspx).
By December of 2022, Database of the Organization has logged 35.849 Schedule
chemicals. Information on these Schedule chemicals will be provided by Ministry
of Industry and Trade on request.
1. Schedule 1
chemicals
No.
Chemical name
in English
HS Code
CAS code
Chemical
formula
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Toxic Chemicals
1.
O-Alkyl (<=C10, incl. cycloalkyl) alkyl (Me,
Et, n-Pr or i-Pr)-phosphonofluoridates
2931.59
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Sarin: O-Isopropyl methylphosphonofluoridate
2931.59
107-44-8
C4H10FO2P
Soman: O-Pinacolyl methylphosphonofluoridate
2931.59
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C7H16FO2P
2.
O-Alkyl (<=C10, incl. cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr) phosphoramidocyanidates
2931.49
E.g.
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Tabun:O-Ethyl N,N-dimethyl phosphoramidocyanidate
2931.49
77-81-6
C5H11N2O2P
3.
O-Alkyl (H or <=C10, incl. cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)- aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonothiolates and corresponding alkylated or protonated salts
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VX: O-Ethyl S-2-diisopropylaminoethyl methyl
phosphonothiolate
2930.90
50782-69-9
C11H26NO2PS
4.
Sulfur mustards:
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2-Chloroethylchloromethylsulfide
2930.90
2625-76-5
C3H6Cl2S2
Mustard gas: Bis(2-chloroethyl)sulfide
2930.90
505-60-2
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Bis(2-chloroethylthio)methane
2930.90
63869-13-6
C5H10Cl2S2
Scsquimustard: 1,2-Bis(2-chloroethylthio)ethane
2930.90
3563-36-8
C6H12Cl2S2
1,3-Bis(2-chloroethylthio)-n-propane
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63905-10-2
C7H14Cl2S2
1,4-Bis(2-chloroethylthio)-n-butane
2930.90
142868-93-7
C8H16Cl2S2
1,5-Bis(2-chloroethylthio)-n-pentane
2930.90
142868-94-8
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Bis(2-chloroethylthiomethyl)ether
2930.90
63918-90-1
C6H12Cl2OS2
O-Mustard: Bis(2-chloroethylthioethyl)ether
2930.90
63918-89-8
C8H16Cl2OS2
5.
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Lewisite 1: 2-Chlorovinyldichloroarsine
2931.90
541-25-3
C2H2AsCl3
Lewisite 2: Bis(2-chlorovinyl)chloroarsine
2931.90
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C4H4AsCl3
Lewisite 3: Tris(2-chlorovinyl)arsine
2931.90
40334-70-1
C6H6AsCl3
6.
Nitrogen mustards:
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HN1: Bis(2-chloroethyl)ethylamine
2921.19
538-07-8
C6H13Cl2N
HN2: Bis(2-chloroethyl)methylamine
2921.19
51-75-2
C5H11Cl2N
HN3: Tris(2-chloroethyl)amine
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555-77-1
C6H12Cl3N
7.
Saxitoxin
2939.80
35523-89-8
C10H17N7O4
8.
Ricin
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9009-86-3
C21H16FN3OS
9.
P-alkyl (H or ≤C10, incl. cycloalkyl)
N-(1-(dialkyl(≤C10, incl. cycloalkyl)amino))alkylidene(H or ≤C10, incl.
cycloalkyl) phosphonamidic fluorides and corresponding alkylated or
protonated salts
2931.59
E.g.
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N-(1-(di-n-decylamino)-n-decylidene)-
P-decylphosphonamidic fluoride
2931.59
2387495-99-8
C40H82FN2OP
Methyl-(1- (diethylamino)ethylidene)phosphonami
dofluoridate
2931.59
2387496-12-8
C7H16FN2OP
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O-alkyl (H or ≤C10, incl. cycloalkyl)
N-(1-(dialkyl(≤C10, incl. cycloalkyl)amino))alkylidene(H or ≤C10, incl.
cycloalkyl) phosphoramidofluoridates and corresponding alkylated or
protonated salts
2929.90
E.g.
O-n-Decyl N-(1-(di-n-decylamino)-n-
decylidene)phosphoramidofluoridate
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2387496-00-4
C40H82FN2O2P
Methyl (1- (diethylamino)ethylidene)phosphoramidofluoridate
2929.90
2387496-04-8
C7H16FN2O2P
Ethyl(1-
(diethylamino)ethylidene)phosphoramidofluoridate
2929.90
2387496-06-0
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11.
Methyl- (bis(diethylamino)methylene)phosphon amidofluoridate
2931.59
2387496-14-0
C10H23FN3OP
12.
Carbamates (quaternaries and bisquaternaries of
dimethylcarbamoyloxypyridines)
2933.39
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Quaternaries of dimethylcarbamoyloxypyridines:
2933.39
1-[N,N-dialkyl(≤C10)-N-(n-(hydroxyl, cyano,
acetoxy)alkyl(≤C10)) ammonio]-n-[N-(3- dimethyIcarbamoxy-α-picolinyl)-N,N-
dialkyl(≤C10) ammonio]decane dibromide (n=1-8)
2933.39
E.g
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1-[N,N-dimethyl-N-(2-hydroxy)ethylammonio]-10- [N-(3-
dimethylcarbamoxy-α-picolinyl)-N,N- dimethylammonio]decane dibromide
2933.39
77104-62-2
C25H48BrN4O3+
Bisquaternaries of dimethylcarbamoyloxypyridines:
2933.39
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1,n-Bis[N-(3-dimethylcarbamoxy-α-picolyl)-N,N-dialkyl(≤C10)
ammonio]- alkane-(2,(n-1)-dione) dibromide (n=2-12)
2933.39
E.g.
1,10-Bis[N-(3-dimethylcarbamoxy-α-
picolyl)-N-ethyl-N- methylammonio]decane-2,9-dione dibromide
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77104-00-8
C34H54Br2N6O6
1B
Precursors
13.
Alkyl (Me, Et, n-Pr or i-Pr)
phosphonyldifluorides
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E.g.
DF: Methylphosphonyldifluoride
2931.59
676-99-3
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14.
O-Alkyl (H or <=C10, incl. cycloalkyl)
O-2-dalky] (Me, Et, n-Pr or i-Pr)- aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonites and corresponding alkylated or protonated salts
E.g.
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2931.49
57856-11-8
C11H26NO2P
15.
Chlorosarin: O-Isopropyl
methylphosphonochloridate
2931.59
1445-76-7
C4H10ClO2P
16.
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2931.59
7040-57-5
C7H16ClO2P
2. Schedule 2
chemicals
No.
Chemical name
in English
HS Code
CAS code
Chemical
formula
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Toxic Chemicals
1.
Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
phosphorothiolate and corresponding alkylated or protonated salts
2930.90
78-53-5
C10H24NO3PS
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PFIB:
1,1,3,3,3-Pentafluoro-2-
(trifluoromcthyl)-1-propene
2903. 59
382-21-8
C4F8
2A*
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3.
BZ: 3-Quinuclidinyl benzilate (*)
2933.39
6581-06-2
C21H23NO3
2B
Precursors
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4.
Chemicals, except for those listed in Schedule 1,
containing a phosphorus atom to which is bonded one methyl, ethyl or propyl
(normal or iso) group but not further carbon atoms
Nếu là các dẫn xuất phospho - hữu cơ không
halogen hoá, áp mã:
2931.41
2931.42
2931.43
2931.49
Nếu là các dẫn xuất phospho - hữu cơ halogen hoá,
áp mã:
2931.51
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2931.53
2931.59
E.g
Methylphosphonyl dichloride
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676-97-1
CH3Cl2OP
Dimethyl methylphosphonate
2931.00
756-79-6
C3H9O3P
Exemption:
Fonofos:
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O-Ethyl S-phenyl ethylphosphonothiolothionate
2931.00
944-22-9
C10H15OPS2
5.
N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic
dihalides
2929.90
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6.
Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me,
Et, n-Pr or i-Pr)-phosphoramidates
2929.90
7.
Arsenic trichloride
2812.19
7784-34-1
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8.
2,2-Diphenyl-2-hydroxyacetic acid
2918.17
76-93-7
C14H12O3
9.
Quinuclidin-3-ol
2933.35
1619-34-7
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10.
N,N-Dialkyl (Me, Et, n-Pr or i-Pr)
aminoethyl-2-chlorides
2922.19
and corresponding protonated salts
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N,N-Dialkyl (Me, Et, n-Pr or n-Pr)
aminoethane-2-ols
2922.19
and corresponding protonated salts
Exemptions:
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N,N-Dimethylaminoethanol
2922.19
108-01-0
C4H11NO
and corresponding protonated salts
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N,N-Diethylaminoethanol
2922.19
100-37-8
C6H15NO
and corresponding protonated salts
12.
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2930.90
13.
Thiodiglycol: Bis(2-hydroxyethyl)sulfide
2930.70
111-48-8
C4H10O2S
14.
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2905.19
464-07-3
C6H14O
3. Schedule 3
chemicals
No.
Chemical name
in English
HS Code
CAS code
Chemical
formula
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Toxic Chemicals
1.
Phosgene: Carbonyl dichloride
2812.11
75-44-5
CCl2O
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Cyanogen chloride
2853.10
506-77-4
CClN
3.
Hydrogen cyanide
2811.12
74-90-8
HCN
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Chloropicrin :Trichloronitromethane
2904.91
76-06-2
CCl3NO2
3B
Precursors
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Phosphorus oxychloride
2812.12
10025-87-3
Cl3OP
6.
Phosphorus trichloride
2812.13
7719-12-2
Cl3P
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Phosphorus pentachloride
2812.14
10026-13-8
Cl5P
8.
Trimethyl phosphite
2920.23
121-45-9
C3H9O3P
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Triethyl phosphite
2920.24
122-52-1
C6H15O3P
10.
Dimethyl phosphite
2920.21
868-85-9
C2H7O3P
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Diethyl phosphite
2920.22
762-04-9
C4H11O3P
12.
Sulfur monochloride
2812.15
10025-67-9
Cl2S2
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Sulfur dichloride
2812.16
10545-99-0
Cl2S
14.
Thionyl chloride
2812.17
7719-09-7
Cl2OS
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Ethyldiethanolamine
2922.17
139-87-7
C6H15NO2
16.
Methyldiethanolamine
2922.17
105-59-9
C5H13NO2
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Triethanolamine
2922.15
102-71-6
C6H15NO3