Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree imposes regulations on the production, business, process, use, stockpiling, import and export of the chemicals controled in the Socialist Republic of Vietnam which are governed by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (hereinafter referred to as Chemical Weapons Convention or CWC)
Article 2. Regulated objects
This Decree is applied to the organizations and individuals involved in the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC.
Article 3. Regulated laws
1. The activities related to the chemicals governed by the CWC must comply with the regulations of this Decree and other relevant law regulations.
2. Cases which are not prescribed in this Decree or prescribed differently from the CWC, they shall be implemented in accordance with the CWC.
Article 4. Interpretation of terms
In this Decree, these terms shall be construed as follows:
1. “Toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation, acute or chronic poisoning in the long term to humans or animals; or damage to environment and habitat. This term includes all such chemicals, regardless of their origin or of their method of production, and production facilities.
2. “ Precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. A precursor participates in the chemical reaction that produces a toxic chemical and plays the key role in term of the toxicity of that toxic chemical
3. “Schedule chemical” means any toxic chemical and precursor governed by the CWC and is classified as Schedule 1 chemical, Schedule 2 chemical (including 2A*; 2A and 2B) and Schedule 3 chemical according to the decrease of the toxicity level.
4. “Riot Control Agent" means 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.
5. “Other chemical” mean any chemical not listed in a Schedule which is classified as DOC and DOC-PSF, of which:
a) DOC means any chemical belonging to the class of chemical compounds consisting of all compounds of carbon except for its oxides, sulfides and metal carbonates.
b) DOC-PSF means any unscheduled discrete organic chemical containing one or more elements phosphorus, sulfur or fluorine.
6. "Production" of a chemical means its formation through chemical reaction.
7. "Processing" of a chemical means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical.
8. "Consumption" of a chemical means its conversion into another chemical via a chemical reaction or the presentation of the chemical is necessary in the process of the formulation of another chemical.
9. “Stockpiling” of a chemical means the stockpiling or maintenance of an unused chemical or remaining chemical in the specialized warehouse, cask or basin in chemical facilities.
10. “Chemical facility” means any place where one or more than one activities related to the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC take place. Chemical facilities are classified as Schedule 1 chemical facilities, Schedule 2 chemical facilities, Schedule 3 chemical facilities, DOC and DOC-PSF facilities, of which:
a) Schedule 1 chemical facilities, Schedule 2 chemical facilities, Schedule 3 chemical facilities are the places where one or more than one activities related to the production, business, process, use, stockpiling, import and export of Schedule 1, Schedule 2, Schedule 3 chemicals take place.
b) DOC, DOC-PSF facilities are the facilities which produce DOC and DOC-PSF.
11. "Production Capacity" means the annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility. It shall be deemed to be equal or exceeding the manufacturing output, processing or consumption of that facility.
12. “Data verification” is the assessment and comparison of the investment data of the facilities producing, trading, processing, using, brokering, exporting and importing the Schedule chemicals from the licensed suppliers which is declared in order to reconfirm the conformability of the declared data or to detect errors needing adjusting to ensure the obviousness, accuracy and trueness of the declaration.
13. “Verification” is an on-site inspection carried out by the Organization for the Prohibition of Chemical Weapons at a facility subject to verification which is declared to the Organization in order to verify the conformability of the declared information and confirm the compliance with the regulations of the CWC of the chemical facility, of which:
a) “Initial verification” is the first verification of the Organization of any chemical facility subject to verification;
c) “Re-verification” is the verification conducted by the Organization after the initial verification of a Schedule chemical, DOC or DOC-PSF facility to verify the conformability of the declaration which is submitted to the Organization by the State Party.
c) “Systematic Verification” is the verification periodically conducted after the initial verification at a Schedule 1 or Schedule 2 facility according to a particular agreement on such chemical facility in order to verify and re-confirm the conformability of the declaration which is submitted to the Organization by the State Party.
d) “Surprise verification" is the verification conducted at any chemical facility in any territory under the jurisdiction of a State Party at any time in order to deal with the accusation of the violation of the CWC at such chemical facility.
14. “Facility agreement” is the agreement between a State Party with the Organization on the verification of a specific chemical facility subject to verification; The facility agreement shall be negotiated during the initial verification and usually applied to the Schedule 1 and Schedule 2 chemical facilities.
15. “Organization for the Prohibition of Chemical Weapons” (hereinafter referred to as the Organization) is the organization established by the State Parties to the CWC in order to achieve the objectives and purposes of the CWC by ensuring full compliance with the provisions of the CWC.
16. “State Party” to the CWC is any country which has signed, approved or participated in the CWC and officially become a member of the CWC after 30 days from the day on which the copy of the approval is deposited or the notification of the participation of the CWC is submitted to the UN Secretary-General.
17. “Vietnam National Agency” in charge of the implementation of the CWC (hereinafter referred to as Vietnam National Agency) is an interdisciplinary organization of which the establishment is approved by the Prime Minister.
18. “Accompanying delegation” is an group of experts assigned by the Vietnam National Agency to cooperate with the Inspectorate of the Organization during the verification of the Inspectorate in Vietnam.
19. “Copy” is an photocopy certified or sealed by an organization or individual (if it is sent by post), a photocopy attached to the original one in order to be compared (if it is submitted directly), a scan copy of the original one (if it is submitted via the Internet)
Article 5. Form and purposes of the Schedule 1 chemical facilities
Schedule 1 chemical facilities include: Single small-scale facilities and other facilities.
1. Single small-scale facilities
Single small-scale facilities are established to serve the research, medical, pharmaceutical or protective purposes. The production at a single small-scale facility shall be carried out in reaction vessels in production lines not configured for continuous operation. The volume of such a reaction vessel shall not exceed 100 litres, and the total volume of all reaction vessels with a volume exceeding 5 litres shall not be more than 500 litres.
2. Other facilities:
a) Production of Schedule 1 chemicals in aggregate quantities not exceeding 10 kg per year may be carried out for protective purposes at one facility outside a single small-scale facility;
b) Production of Schedule 1 chemicals in quantities of more than 100 g per year may be carried out for research, medical or pharmaceutical purposes outside a single small-scale facility in aggregate quantities not exceeding 10 kg per year per facility;
c) Synthesis of Schedule 1 chemicals for research, medical or pharmaceutical purposes, but not for protective purposes, may be carried out at laboratories in aggregate quantities less than 100g per year per facility.
Article 6. Chemical weapons
Chemical weapons include one, two or all of these:
1. The toxic chemicals and their precursors, except for the ones used for the purposes which are not prohibited in the CWC with the quantity and types conformable with those purposes.
2. Munitions and equipment that are specially designed to use the toxicity of the toxic chemicals and precursors as prescribed in Clause 1 of Article in order to cause death or other evils.
3. Any equipment that is specially designed to directly use the munitions and equipment prescribed in Clause 2 of this Article.
Article 7. List of Schedule chemicals
The List of the Schedule 1, Schedule 2 and Schedule 3 chemicals is issued together with this Decree. The Ministry of Industry and Trade shall take charge and cooperate with regulatory Ministries in considering and submitting the amendments to such List to the Government according to the administration requirements of each stage and the conformity with the CWC.
Article 8. Activities prohibited and purposes not prohibited under the CWC
1. Activities prohibited under the CWC
a) Development, production, acquirement, acquisition, use, import or export of the chemical weapons directly or indirectly of any organization or individual; engagement with any military preparation using chemical weapons; encouragement or incitement to any organization or individual in any form to take part in any activities prohibited under the CWC; use of the riot control agent as war weapons.
b) Development, production, acquirement, acquisition, use, import or export of the Schedule 1 chemicals, except for the research, medical, pharmaceutical or protective purposes which are approved by the competent authorities; import or export of the Schedule 1 chemicals of any individual or organization in any nation that is not a State Party of the CWC; re-import or re-export of the Schedule 1 chemicals of any organization or individual in a third country;
b) Development, production, acquirement, acquisition, use, import or export of the Schedule 2 chemicals, except for the purposes which are approved by the competent authorities and unprohibited under the CWC; import or export of the Schedule 1 chemicals of any individual or organization in any nation that is not a State Party of the CWC;
b) Development, production, acquirement, acquisition, use, import or export of the Schedule 3 chemicals, except for the purposes which are approved by the competent authorities and unprohibited under the CWC; import or export of the Schedule 1 chemicals of any individual or organization in any nation that is not a State Party of the CWC without the end use certificate issued by the competent authorities of such nation;
dd) Production of DOC, DOC-PSF, except for the purposes not prohibited under the CWC.
2. Purposes Not Prohibited Under this Convention:
a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
b) Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;
c) Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;
d) Law enforcement including domestic riot control purposes.
Article 9. Functions and responsibilities of the Vietnam National Agency
1. The Vietnam National Agency shall:
a) Consult the Government and the Prime Minister on the implementation of the CWC;
b) Ensure the consistent, close and effective cooperation among the Ministries, regulatory authorities and relevant authorities in implementing the CWC;
c) Supervise and inspect to ensure the compliance with the CWC;
d) Act as a contact between Vietnam and the Organization.
2. Permanent authority of the Vietnam National Agency
The Ministry of Industry and Trade is the representative and permanent authority of the Vietnam National Agency and in charge of dealing with every issues related to the CWC on behalf of the Vietnam National Agency.
Article 10. Responsibilities of governing authorities for the implementation of the CWC;
1. The Governing shall take measures to ensure the consistent implementation of the CWC;
2. The Ministry of Industry and Trade shall be responsible for State administration of the implementation of the CWC to the Government;
Within its authority, the Ministry of Industry and Trade shall:
a) Promulgate or request the Government to consider promulgating the legislative documents to implement the CWC;
b) Issue, suspend or revoke the Certificates of the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC.
c) Administer the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC; inspect these activities in the chemical facilities within its ambit of competence;
d) Disseminate the CWC and related legislative documents.
dd) Take charge of the international cooperation within the framework of the CWC.
3. Responsibilities of relevant Ministries and regulatory authorities
a) The Ministry of Finance shall collect the biannual and annual import and export data of the Schedule chemicals to send a report to the Ministry of Industry and Trade to submit an national declaration to the Organization for the Prohibition of Chemical Weapons (hereinafter referred to as the Organization).
b) The Ministry of National Defense, the Ministry of Public Security shall assess the activities related to the CWC in the units affiliated to the armed forces; cooperate with the Ministry of Industry and Trade in implementing the CWC;
c) The Ministry of Health shall administer the use of the Schedule 1 chemicals in the facilities for the medical or pharmaceutical research , report the administration of the use of the Schedule 1 chemicals to the Ministry of Industry and Trade in order to submit an national declaration to the Organization;
d) Ministry of Foreign Affairs shall cooperate with the Ministry of Industry and Trade and the Ministry of Public Security in fulfilling the commitment of Vietnam to implement the CWC and ensure the international cooperation in accordance with the CWC; issue the visas many times or temporary residence cards whose effective periods are 2 years to the inspectors and inspection assistants of the Organization as well as send the list of the inspectors and inspection assistants that have been issued visas to the Organization.
Article 11. Inspection
1. The Vietnam National Agency shall cooperate with the Ministries, regulatory authorities and relevant authorities in inspecting the activities related to the chemicals governed by CWC;
2. The inspections shall be conducted according to current law regulations Surprise inspections shall be conducted when:
a) The competent authorities find any information and material that are likely to violate the regulations of the CWC, this Decree and relevant laws through their administration.
b) Any violation is reported or denounced;
c) The Vietnam National Agency or the Organization makes a request.
Article 12. Information security
1. Every member of the Vietnam National Agency shall protect the confidential information while conducting the missions in accordance with the regulations of the CWC and national information security.
2. The Vietnam National Agency must comply with the regulations of the law on the national information security in the relationship with the foreign organizations and individuals while exchanging, providing the national confidential information, material or objects for the Organization.
3. The confidential information about the chemical facilities may only be disclosed to the persons in charge to perform duties prescribed in the CWC and for emergencies related to the community safety.
Article 13. Declaration of change in name of Riot Control Agent
1. In case any chemical used as the Riot Control Agent is changed, the regulatory authorities related to the administration and use of the Riot Control Agency must report the information of the chemical used to replace the abovementioned chemical to the Vietnam National Agency, such information includes: Name of the chemical (the name prescribed by the IUPAC, trade name or common name); chemical formula and CSA registry number. This report must be sent to the Vietnam National Agency before 30 days from the date such chemical is used as the Riot Control Agent.
2. The Vietnam National Agency shall notify the Organization of the regulations in Clause 1 this Article.
Article 14. Annual declaration of the defense and voluntary contribution programme
The Vietnam National Agency shall cooperate with the relevant regulatory authorities in making annual declarations on the defense and voluntary contribution programme to request the Prime Minister to consider approving and notify the Organization.
Tìm kiếm
Nghị định 38/2014/NĐ-CP (Bản Word)
Nghị định 38/2014/NĐ-CP (Bản Pdf)