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.
4. Regulations on inspection and examination.
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:
a) Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes;
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.
9. “Processing” of a chemical is defined by the CWC as a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical.
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.
Other facility means a facility producing Schedule 1 chemicals outside of a single small-scale facility, including: Schedule 1 facility for national defense, security purposes in aggregate quantities not exceeding 10 kg per year; Schedule 1 facility for research, medical, or pharmaceutical in quantities of more than 100 g per year per chemical but in aggregate quantities not exceeding 10 kg per year; laboratory synthesizing Schedule 1 chemicals for research, medical, and/or pharmaceutical purposes in aggregate quantities of at least 100 g per year;
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;
d) Challenge inspection is an inspection conducted at a chemical facility within territory or jurisdiction of a State-Party at any time to clarify accusations regarding failure to comply with CWC at that chemical facility. Challenge inspection is conducted on the basis of request filed by another State-Party and reviewed, decided by the Executive Council in accordance with procedures detailed under Article IX and Part X on Challenge inspection under Article IX of the CWC.
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:
|
No.
|
English name
|
HS code
|
CAS code
|
Chemical formula
|
|
55
|
Arsenic and arsenic compounds.
Exemption:
|
2812.10
|
---
|
---
|
|
Arsenic trichloride
|
2812.10
|
7784-34-1
|
AsCl3
|
|
79
|
Cyanide and cyanide compound.
Exemption:
|
2811.19
|
---
|
---
|
|
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:
|
No.
|
English name
|
HS code
|
CAS code
|
Chemical formula
|
|
263
|
Dimethyl phosphite
|
29209090
|
868-85-9
|
C2H7O3P
|
|
333
|
Fonofos (O-Ethyl S-phenylethylphosp honodithioate)
|
29309090
|
944-22-9
|
C10H15OS2P
|
|
489
|
Methyldiethanol amine
|
29221990
|
105-59-9
|
C5H13ON
|
|
618
|
Pinacolyl alcohol: 3,3-Dimetylbutan-2-ol
|
29051900
|
464-07-3
|
C6H14O
|
|
720
|
Triethy phosphite
|
29209090
|
122-52-1
|
C6H15O3P
|
4. Annul chemicals under the List of chemicals to be declared under Appendix V 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:
|
No.
|
English name
|
HS code
|
CAS code
|
Chemical formula
|
|
137
|
Bis(2-chloro ethyl) sulphide
|
29309090
|
505-60-2
|
C4H8Cl2S
|
|
198
|
Carbonic dichloride (phosgene)
|
28112990
|
75-44-5
|
CCl2O
|
|
242
|
Chloropicrin: Trichloro nitro metan
|
29049000
|
76-06-2
|
CCl3NO2
|
|
291
|
Cyanogen chloride
|
28530000
|
506-77-4
|
CClN
|
|
374
|
Diethyl phosphite
|
29209090
|
762-04-9
|
C4H11O3P
|
|
527
|
Fonofos
|
29309090
|
944-22-9
|
C10H15OS2P
|
|
656
|
Sulfur monochloride
|
28121000
|
10025-67-9
|
Cl2S2
|
|
658
|
Sulfur dichloride
|
28121000
|
10545-99-0
|
SCl2
|
|
762
|
N,n-diethyl amino etanol
|
29221990
|
100-37-8
|
C6H15ON
|
|
767
|
N,n-Dimetyl amino ethanol
|
29221990
|
108-01-0
|
C4H11ON
|
|
815
|
N-Ethyl diethanol amine
|
29221990
|
139-87-7
|
C6H15O2N
|
|
918
|
1-Propene,1,1,3,3,3- pentafluoro-2-(trifluoromethyl)-
|
29033990
|
382-21-8
|
C4F8
|
|
935
|
Phosphorus trichloride
|
28121000
|
7719-12-2
|
PCl3
|
|
937
|
Phosphorus penta chloride
|
28121000
|
10026-13-8
|
PCl5
|
|
1090
|
Triethy phosphite
|
29209090
|
122-52-1
|
C6H15O3P
|
|
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
Provisions pertaining to the prevention of proliferation of chemical weapons shall conform to Decree No. 81/2019/ND-CP dated November 11, 2019 of the Government on prevention of proliferation of weapons of mass destruction and other relevant law provisions.
Tìm kiếm
Nghị định 33/2024/NĐ-CP quy định về thực hiện Công ước Cấm phát triển, sản xuất, tàng trữ, sử dụng và phá hủy vũ khí hóa học (Bản Pdf)
Nghị định 33/2024/NĐ-CP quy định về thực hiện Công ước Cấm phát triển, sản xuất, tàng trữ, sử dụng và phá hủy vũ khí hóa học (Bản Word)