Chapter IV
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.
4. DOC production facilities that have quantities exceeding 200 tonne per year and DOC-PSF production facilities that have quantities that have quantities exceeding 30 tonne per year are subjects of initial inspection and routine inspection conducted by the Organization.
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.
Article 29. Inspection request
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
a) Examine activities at facilities according to Part VII - Verification Annex of the CWC;
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.
Article 31. Inspection time
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.
Article 32. Inspection procedures
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;
d) Examine production operation areas; examine documents relating to ingredient supply, product, and production; examine storage facilities, waste treatment areas, storage areas for chemicals not meeting technical parameters; physically inspect laboratories (if any); examine documents.
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
1. During inspection period in Vietnam, members of Inspection Team are eligible for diplomatic privileges and immunities in accordance with regulations on privileges and immunities of the UN dated 1946.
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.
2. Subjects of examination include Schedule facilities and DOC, DOC-PSF chemical facilities mentioned under Article 27 hereof.
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.
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)