Chapter 2.
CHEMICALS GOVERNED BY THE CHEMICAL WEAPONS CONVENTION
Section 1. Chemical facilities are classified as Schedule 1 chemicals, Schedule 2 chemicals, Schedule 3 chemicals
Article 15. Production conditions for Schedule 1 chemicals
1. Organizations and individual must not produce the Schedule 1 chemicals, unless they are produced to serve the purposes of scientific research, maintenance of national defense and security, prevention and combat of epidemic diseases. Any Schedule 1 chemical producer must:
a) Have the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.
b) Have a written commitment on the production of the Schedule 1 chemicals in accordance with the regulations in Point b Clause 1 Article 8 of this Decree
c) Have the location, area, workshop, machinery, equipment, technological process and storehouse suitable to produce the Schedule 1 chemicals up to quality standards.
d) Have a laboratory for testing and analysis or having reached agreement with an appointed or accredited testing unit which has registered for testing in accordance with law on product and goods quality for the purpose of quality control.
dd) Have a waste treatment system to ensure that the waste treatment conformable with the national technical regulations and standards of environment;
e) Have transports to carry the chemicals from the production facility to the receivers suiting such chemicals. Sign a contract with a company eligible to provide transport services if the producer does not have means of transportation.
g) Satisfy all of the conditions for fire and explosion safety, environment protection, occupational safety and hygiene in accordance with the relevant law regulations.
d) Employ a technical director or deputy director having at least a Bachelor’s Degree in chemistry. Employ the management, technology and administration personnel whose major is chemistry.
i) Provide the training in chemical safety for employees working in the Schedule 1 chemical production facility who directly contact with chemicals.
2. Any organization or individual producing the Schedule 1 chemicals satisfying all of the conditions prescribed in the Clause 1 shall be approved by the Prime Minister.
3. Applications, procedures and time for the approval of the production of the Schedule 1 chemicals are prescribed in the Article 17 of this Decree.
4. The Ministry of Industry and Trade shall give instructions on the implementation of the production conditions of the Schedule 1 chemicals which are prescribed in Points c, d, dd, e, g, h, i in Clause 1 this Article.
Article 16. Production conditions for Schedule 2 chemicals, Schedule 3 chemicals
1. Any Schedule 2, Schedule 3 chemical producer must:
a) Have the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.
b) Have the written commitment on the production of the Schedule 2, Schedule 3 chemicals in accordance with the regulations in Points b and c Clause 1 Article 8 of this Decree.
c) Satisfy the requirements for facilities in accordance with the regulations in Points c, d, dd, e, g Clause 1 Article 15 of this Decree;
d) Satisfy the requirements for manpower in accordance with the regulations in Points h and i Clause 1 Article 15 of this Decree;
2. Any Schedule 2 and Schedule 3 chemical producer satisfying all of the conditions prescribed in the Clause 1 shall be approved by the Prime Minister.
3. Applications, procedures and time for the approval of the production of the Schedule 2 and Schedule 3 chemicals are prescribed in the Article 17 of this Decree.
Article 17. Applications procedures and processing time for the issuance of the Production Certificates of Schedule 1, Schedule 2 and Schedule 3 chemicals
1. An application consists of:
a) A written request for the issuance of the production certificate of the applicant using the prescribed form;
b) A copy of either the Enterprise registration certificate, Investment certificate or Business registration Certificate.
c) The written commitment on the production of the Schedule 1, Schedule 2, Schedule 3 chemicals in accordance with the regulations in Points b and c Clause 1 Article 15; point b Clause 1 Article 16 of this Decree.
d) Documents that satisfy the conditions prescribed in Points c, d, dd, d, e, h, i Clause 1 Article 15 of this Decree;
2. Procedures for the issuance of the Certificates
a) Each Schedule 1, Schedule 2 or Schedule 3 chemical producer shall file 1 (one) application to the Ministry of Industry and Trade directly or by post;
b) The Ministry of Industry and Trade shall notify the producer of the sufficiency and validity of the application and request the producer to complete the application once within at most 03 (three) working days from the receipt of the application. The time for notification and completion of the application is not included in the processing time for issuance of the Production Certificate as prescribed in Clause 3 this Article.
3. Processing time for the issuance of the Certificates
a) The processing time for the issuance of a Production Certificate of the Schedule 1 chemicals is 10 (ten) working days as a maximum from the receipt of an valid application. The Ministry of Industry and Trade shall examine, assess, and request the Prime Minister for the approval. In case of disapproval, the Ministry of Industry and Trade shall be authorized by the Prime Minister to send back a written reply giving specific reasons;
b) The processing time for the issuance of a Production Certificate of the Schedule 2, Schedule 3 chemicals is 10 (ten) days as a maximum, from the receipt of a valid application. The Ministry of Industry and Trade shall assess the application and issue the Certification. In case of disapproval, the Ministry of Industry and Trade shall send back a written reply giving specific reasons.
4. Contents of a Production Certificate
a)Name, address of the head office of the Schedule chemical production facility;
a) Location for production;
c) Information about the chemicals (Names, CAS registry number, chemical formulas; content, concentration);
d) Production purposes
dd) Duties of the facility which is issued the Certificate.
5. Re-issuance and adjustment to the Production Certificates
a) The Certificates are re-issued when they are lost, wrong or damaged.
b) The Certificates are adjusted when either of their the business registration, location, operation conditions, information related to the producer registering, production capacity, chemicals is changed.
c) An application for the re-issuance of or adjustment to the Certificate consists of: A written request for the re-issuance of or adjustment to the Production Certificate (with specific reasons) using the prescribed form; documents proving the changes (applied to the Certificate needs adjusting); the Production Certificate (unless the Certificate is lost).
d) The authorities in charge of issuance shall assess the application and reissue or adjust the Certificate to the eligible producers using the prescribed forms within 07 (seven) days from the receipt of the valid applications prescribed in Point c this Clause. In case of disapproval, the authorities in charge of issuance shall send back a written reply giving specific reasons;
6. The Ministry of Industry and Trade provides the forms, Certificate forms, reissued or adjusted Certificate forms, documents satisfying the production conditions for the Schedule 1, Schedule 2, Schedule 3 chemicals prescribed in this Article.
Article 18: Declaration of production, business, processing, stockpiling and use of Schedule 1, Schedule 2 chemicals, Schedule 3 chemicals
1. Declaration of the production, business, processing, stockpiling and use of Schedule 1, Schedule 2 chemicals, Schedule 3 chemicals
Anyone who produces, trades, processes, use or stockpile the Schedule 1, Schedule 2, Schedule 3 chemicals must submit a declaration to the Ministry of Industry and Trade using the prescribed form. The deadline for the declaration is prescribed as follows:
a) Each organization or individual must submit the first declaration of the Schedule 1 chemical facilities not later than 210 days before the operation of such facility begins.
b) Each organization or individual must submit the first declaration of the activities in the previous year in such Schedule 1 facility before February 28.
c) Each organization or individual must submit an annual declaration of the plan for the following year of such Schedule 1 facility before February 28.
d) Each organization or individual must submit the declaration not later than 210 days before the adjustment or change in the current activities in such Schedule 1 facility.
2. Declaration of the production, business, processing, stockpiling and use of Schedule 2 chemicals, Schedule 3 chemicals
Anyone who produces, trades in, processes, use or stockpile the Schedule 2, Schedule 3 chemicals must submit a declaration to the Ministry of Industry and Trade using the prescribed form when the output of such facility approximates or exceeds these following limits:
a) With regard to the production, processing, use, stockpiling of the Schedule 2, Schedule 3 chemicals: 01 kg/year for some Schedule 2A chemicals; 100 kg/year for some Schedule 2A chemicals; 01 tonne/year for some Schedule 2B chemicals; at lease 30 tonnes/year for the Schedule 3 chemicals;
b) With regard to the business of the Schedule 2, Schedule 3 chemicals: at least 1% concentration for the Schedule 2A and 2A*chemicals; at least 30% concentration for the Schedule 2B chemicals; at lease 30% concentration for the Schedule 3 chemicals;
3. Deadline for the declaration of the production, business, processing, stockpiling and use of Schedule 2 and Schedule 3 chemicals:
a) Each organization or individual must submit the declaration not later than 60 days with regard to the Schedule 2 chemicals and not later than 30 days with regard to the Schedule 3 chemicals before the operation of such facility begins.
b) Each organization or individual must submit an annual declaration of the activities in the previous year before February 28.
c) Each client must submit an annual declaration of the plan for the following year before September 30.
d) Each client must submit the declaration of the supplementation not later than 30 days before the adjustment or change in the current activities in such facility.
4. The Ministry of Industry and Trade provides forms for the declaration of the production, business, processing, stockpiling and use of Schedule 1, Schedule 2, Schedule 3 chemicals of this Article.
Article 19. Import and Export of Schedule 1, Schedule 2, and Schedule 3 chemicals
1. Any importer and exporter must:
a) Have either the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.
b) Be permitted by the Prime Minister to import or export the Schedule 1 chemicals;
c) Be issued with the Import Permit or Export Permit by the Ministry of Industry and Trade for the Schedule 2, and Schedule 3 chemicals.
2. An application for the issuance of the Permit consists of:
a) A written request for the issuance of the permit using the prescribed form;
a) A copy of either the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.
c) The contract or agreement on trading the Schedule 1, Schedule 2 and Schedule 3 with the organizations that are Members of the Organization.
3. Procedures for the issuance of a Certificate
a) Each importer or exporter of Schedule 1, Schedule 2 and Schedule 3 chemicals shall file 1 (one) application and send it to the Ministry of Industry and Trade directly or by post;
b) The Ministry of Industry and Trade shall notify each importer or exporter of the sufficiency and validity of the application and request the importer or exporter to complete the application once within at most 03 (three) working days from the receipt of the application. The time for notification and completion of the application is not included in the processing time of the issuance of the Certificates of import or export as prescribed in points a and b Clause 4 this Article.
4. Processing time for the issuance of the Certificates
b) The processing time for the issuance of a Certificate of import or export of the Schedule 1 chemicals is 10 (ten) days as a maximum, from the receipt of a valid application. The Ministry of Industry and Trade shall assess the application and request the Prime Minister to consider approving. In case of disapproval, the Ministry of Industry and Trade shall be authorized by the Prime Minister to send a written reply giving specific reasons;
b) The processing time for the issuance of a Certificate of import or export of the Schedule 2, Schedule 3 chemicals is 7 (ten) days as a maximum, from the receipt of a valid application. The Ministry of Industry and Trade shall assess the application and issue the Certification. In case of disapproval, the Ministry of Industry and Trade shall send a written reply giving specific reasons;
c) In case the Schedule 1, Schedule 2, Schedule 3 chemicals are imported or exported to serve the specialist purposes (medical, pharmaceuticals, agriculture, protection) the Ministry of Industry and Trade shall collect the written opinions of the regulatory Ministry before issuing the permits when necessary. The time for the opinion collection is not included in the processing time prescribed in Points a and b this Clause.
5. Contents of a Permit
a)Name, address of the head office of the Schedule chemical facility;
c) Information about the chemicals (Names, CAS registry number, chemical formulas; content, concentration);
c) Import or export weight;
d) Import or export purposes;
dd) Name of the importing or exporting countries;
dd) Name of the border checkpoint of export or import;
c) Expiration of import or export;
h) Duties of the facility which is issued with the Permit.
6. Each import or export permit for the Schedule 1, Schedule 2, and Schedule 3 chemicals shall only be issued once per a contract in at most 12 months and shall not be extended. The issued permits must not be transferred to other importers or exporters.
7. Any organization and individual that has been issued with the Import Permit for the Schedule 1, Schedule 2 and Schedule 3 chemicals is not required to implement the regulations on the issuance of the written Confirmation of the report on the chemicals in the List of the chemicals needing reporting in accordance with the regulations of the Law on chemicals and other guiding documents on the implementation of the laws.
8. Any organization and individual that is permitted to import or export the Schedule 1, Schedule 2 and Schedule 3 chemicals shall submit these following documents to the Ministry of Industry and Trade in order to submit the declaration to the Organization.
a) With regard to the Schedule 1 chemicals: not later than 45 days before the start of the import or export, a declaration of the import or export of the Schedule 1 chemicals must be submitted; before January 31 every year, a declaration of the import, export and domestic distribution of each Schedule 1 chemical during the previous year must be submitted using the prescribed form.
b) With regard to the Schedule 2 chemicals: Before February 28 every year, a declaration of the mixture of Schedule 2A* and 2A chemicals whose concentration is at least 1% and Schedule 2B whose concentration is at least 20% must be submitted using the prescribed form;
b) With regard to the Schedule 3 chemicals: Before February 28 every year, a declaration of the mixture of Schedule 3 chemicals whose concentration is at least 30% must be submitted using the prescribed form;
9. In case the Schedule 3 chemicals are exported to any organization or individual in any country which is not a State Party to the CWC, an end use certificate which is issued by the competent authorities of such country is required. The certificates of the last use must be included in the applications for the issuance of the Export Permits.
10. The import or export data of any Schedule 1, Schedule 2 and Schedule 3 chemical importer or exporter shall be assessed by the Organization or the Ministry of Industry and Trade in cooperation with the Vietnam National Agency when required.
11. The Minister of Industry and Trade provides forms of the request for the issuance of the permits, the import or export permit form for the Schedule chemicals, the declaration forms for the Schedule 1, Schedule 2, and Schedule 3 chemicals prescribed in this Article.
Section 2: PRODUCTION AND DECLARATION OF DOC AND DOC-PSF
Article 20. Production of DOC and DOC-PSF
1. Any organization and individual producing DOCs and DOC-PSFs must
a) Have either the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.
b) Have the written commitment on the production of the DOCs, DOC-PSFs in accordance with the regulations in Point dd Article 8 of this Decree.
c) Satisfy the requirements for facilities in accordance with the regulations in Points c, d, dd, e, g Clause 1 Article 15 of this Decree;
d) Satisfy the requirements for manpower in accordance with the regulations in Points h and i Clause 1 Article 15 of this Decree;
2. Any DOC and DOC-PSF producer that satisfies all of the conditions prescribed in the Clause 1 this Article shall be issued with the Permit by the Ministry of Industry and Trade.
3. Applications, procedures and processing time are the same as those for the Schedule 2, Schedule 3 chemicals as prescribed in the Article 17 of this Decree.
Article 21. Declaration of DOC and DOC-PSF facilities
1. Any producer whose DOC output is at least 200 tonnes/year and DOC-PSF output is at least 30 tonnes/year must submit these following documents to the Ministry of Industry and Trade using the prescribed forms:
a) The first declaration of the DOC and DOC-PSF facility (not later than 30 days before the operation of such facility begins).
b)An annual declaration of the activities in the previous year in the DOC and DOC-PSF facility ( before February 28).
d) A declaration of the supplementation to the DOC and DOC-PSF facility (not later than 30 days before the adjustment or change in the production in such facility).
2. The Minister of Industry and Trade provides the forms for the declaration of the DOC and DOC-PSF facilities.
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