Decree No. 33/2024/ND-CP dated March 27, 2024 on implementing the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction

• Official number: 33/2024/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Tran Luu Quang
• Issued Date: 27/03/2024

THE GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 33/2024/ND-CP	Hanoi, March 27, 2024

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

...

...

...

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.

...

...

...

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

...

...

...

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

...

...

...

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

...

...

...

11.

Methyl- (bis(diethylamino)methylene)phosphon amidofluoridate

2931.59

2387496-14-0

C₁₀H₂₃FN₃OP

12.

Carbamates (quaternaries and bisquaternaries of dimethylcarbamoyloxypyridines)

2933.39

...

...

...

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

...

...

...

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

...

...

...

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

...

...

...

77104-00-8

C₃₄H₅₄Br₂N₆O₆

1B

Precursors

13.

Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides

...

...

...

E.g.

DF: Methylphosphonyldifluoride

2931.59

676-99-3

...

...

...

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.

...

...

...

2931.49

57856-11-8

C₁₁H₂₆NO₂P

15.

Chlorosarin: O-Isopropyl methylphosphonochloridate

2931.59

1445-76-7

C₄H₁₀ClO₂P

16.

...

...

...

2931.59

7040-57-5

C₇H₁₆ClO₂P

2. Schedule 2 chemicals

No.

Chemical name in English

HS Code

CAS code

Chemical formula

...

...

...

Toxic Chemicals

1.

Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] phosphorothiolate and corresponding alkylated or protonated salts

2930.90

78-53-5

C₁₀H₂₄NO₃PS

...

...

...

PFIB:

1,1,3,3,3-Pentafluoro-2- (trifluoromcthyl)-1-propene

2903. 59

382-21-8

C₄F₈

2A*

...

...

...

3.

BZ: 3-Quinuclidinyl benzilate (*)

2933.39

6581-06-2

C₂₁H₂₃NO₃

2B

Precursors

...

...

...

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

...

...

...

2931.53

2931.59

E.g

Methylphosphonyl dichloride

...

...

...

676-97-1

CH₃Cl₂OP

Dimethyl methylphosphonate

2931.00

756-79-6

C₃H₉O₃P

Exemption:

Fonofos:

...

...

...

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

...

...

...

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

...

...

...

8.

2,2-Diphenyl-2-hydroxyacetic acid

2918.17

76-93-7

C₁₄H₁₂O₃

9.

Quinuclidin-3-ol

2933.35

1619-34-7

...

...

...

10.

N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides

2922.19

and corresponding protonated salts

...

...

...

N,N-Dialkyl (Me, Et, n-Pr or n-Pr) aminoethane-2-ols

2922.19

and corresponding protonated salts

Exemptions:

...

...

...

N,N-Dimethylaminoethanol

2922.19

108-01-0

C₄H₁₁NO

and corresponding protonated salts

...

...

...

N,N-Diethylaminoethanol

2922.19

100-37-8

C₆H₁₅NO

and corresponding protonated salts

12.

...

...

...

2930.90

13.

Thiodiglycol: Bis(2-hydroxyethyl)sulfide

2930.70

111-48-8

C₄H₁₀O₂S

14.

...

...

...

2905.19

464-07-3

C₆H₁₄O

3. Schedule 3 chemicals

No.

Chemical name in English

HS Code

CAS code

Chemical formula

...

...

...

Toxic Chemicals

1.

Phosgene: Carbonyl dichloride

2812.11

75-44-5

CCl₂O

...

...

...

Cyanogen chloride

2853.10

506-77-4

CClN

3.

Hydrogen cyanide

2811.12

74-90-8

HCN

...

...

...

Chloropicrin :Trichloronitromethane

2904.91

76-06-2

CCl₃NO₂

3B

Precursors

...

...

...

Phosphorus oxychloride

2812.12

10025-87-3

Cl₃OP

6.

Phosphorus trichloride

2812.13

7719-12-2

Cl₃P

...

...

...

Phosphorus pentachloride

2812.14

10026-13-8

Cl₅P

8.

Trimethyl phosphite

2920.23

121-45-9

C₃H₉O₃P

...

...

...

Triethyl phosphite

2920.24

122-52-1

C₆H₁₅O₃P

10.

Dimethyl phosphite

2920.21

868-85-9

C₂H₇O₃P

...

...

...

Diethyl phosphite

2920.22

762-04-9

C₄H₁₁O₃P

12.

Sulfur monochloride

2812.15

10025-67-9

Cl₂S₂

...

...

...

Sulfur dichloride

2812.16

10545-99-0

Cl₂S

14.

Thionyl chloride

2812.17

7719-09-7

Cl₂OS

...

...

...

Ethyldiethanolamine

2922.17

139-87-7

C₆H₁₅NO₂

16.

Methyldiethanolamine

2922.17

105-59-9

C₅H₁₃NO₂

...

...

...

Triethanolamine

2922.15

102-71-6

C₆H₁₅NO₃