Chapter 3.
VERIFICATION OF CHEMICAL FACILITIES
Article 22. Verified objects
1. c) The Schedule 1 chemical facilities are the objects subject to the systematic and initial verification of the Organization due to the corresponding facility agreement.
2. c) The Schedule 2 chemical facilities are the objects subject to the systematic and initial verification of the Organization when their output is equal to or more than:
a) 10kg of a 2A* chemical per year;
a) 1 tonne of a 2A chemical per year;
c) 10 tonnes of a 2B chemical per year.
3. c) The Schedule 3 chemical facilities whose output is at least 200 tonnes/year are the objects subject to the initial verification and re-verification of the Organization.
4. The DOC and DOC-PSF facilities whose output is at least 200 tonnes/year are the objects subject to the initial verification and re-verification of the Organization.
5. The organization may carry out surprise verification at any Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF facility when any violation of the CWC is reported.
Article 23. Responsibilities of verified facilities
1. Comply with the regulations on verification activities of the Organization; follow the instructions given by the accompanying delegation during the verification at the facilities; facilitate the Inspectorate of the Organization to perform their tasks prescribed in the inspection order.
2. Equip the Inspectorate with offices, filling cabinets with locks, international roaming landline telephones, fax machines and shredders.
3. Assign experts in charge of the activities of the Schedule chemical facilities such as: management, technology, business, finance, environment, occupational safety to cooperate with the Inspectorate.
4. Prepare the necessary documents, material, diagrams, and designs to facilitate the Inspectorate.
5. Provide samples for the Inspectorate when required.
6. All of the expenses shall be returned to the facilities by the Secretariat of the Organization by request.
Article 24. Requirements for verification
1. With regard to the Schedule 1 chemical facilities
b) Inspect the activities in the facilities pursuant to the regulations in part VI of the Verification Annex of the CWC;
b) Inspect the implementation of the regulations on the declaration of the Schedule 1 chemicals;
c) Evaluate the potential risks of the activities related to chemicals in the facilities.
2. With regard to the Schedule 2 chemical facilities
b) Inspect the activities in the facilities pursuant to the regulations in part VI of the Verification Annex of the CWC;
b) Inspect the implementation of the regulations on the declaration of the Schedule 2 chemicals;
c) Evaluate the potential risks of the activities related to chemicals in the facilities.
3. With regard to the Schedule 3 chemical, DOC and DOC-PSF facilities
b) Inspect the activities in the facilities pursuant to the regulations in part VI of the Verification Annex of the CWC;
b) Inspect the Schedule chemicals produced in the facilities pursuant to the regulations in part VI of the Verification Annex of the CWC;
Article 25. Reception and working with Inspectorate of the Organization
The Vietnam National Agency shall
1. Welcome and work with the Inspectorate of the Organization; exercise the inspection rights pursuant to Clause 29 Section c Part II of the Verification Annex of the CWC to ensure the suitability of the equipment carried to Vietnam by the Inspectorate.
2. Facilitate the Inspectorate to fulfill its duties in accordance with the regulations on the verification order of the Organization.
3. Cooperate with the verified facilities in imposing protective measures for the facilities, information and figures irrelevant to the inspection purposes and content.
4. Cooperate with the representatives of the facilities during the initial verification in negotiating with the Inspectorate for the facility agreement in the systematic verification at the facilities after the initial verification with regard to the Schedule 1 and Schedule 2 chemical facilities.
Article 26. Processing time for verification
1. With regard to the Schedule 1 chemical facilities
a) The decision on the verification shall be announced at least 24 hours before the arrival at the entry location;
b) The duration for the verification activities to be carried out at the facilities depends on the potential risks to the objectives and purposes of the CWC.
2. With regard to the Schedule 2 chemical facilities
a) The decision on the verification shall be announced at least 48 hours before the arrival at the entry location;
b) The duration for the verification activities to be carried out at the facilities is 96 hours which can be extended according to each specific agreement.
3. With regard to the Schedule 3 chemical, DOC and DOC-PSF facilities
a) The decision on the verification shall be announced at least 120 hours before the arrival at the entry location;
b) The duration for the verification activities to be carried out is 24 hours which can be extended according to each specific agreement.
Article 27. Procedures for verification
1. Methods of Verification
a) Conduct visual inspections of the manufacturing equipment, control rooms, laboratories, sheds and waste treatment areas;
b) Review the documents and applications;
c) Discuss and interview;
d) Collect and analyze samples if necessary.
2. Verification procedures
a) Attend the presentations on the facilities given by their representatives. Such presentations include: activities of the facilities, site plans of the factories and shops subject to verification; chemical reactions; technology process; production materials balance; waste treatment; measures for protecting the environment, ensuring the occupational safety and maintaining health;
b) Examine the items of the facilities;
c) Make consistent verification plans and contents;
d) Examine the production areas; review the documents on the supply of materials, products and production; examine the warehouses, waste treatment areas, and storage areas for substandard chemicals; examine the laboratories (if any); review the documents.
The documents that are reviewed includes: documents on the technology process (technology process diagram, power, company diagrams, factory maps); factory operation diaries, documents on patches, documents on quality inspection including the analyzed data, documents on the warehouses and transportation (both inside and outside); documents on the health, safety and environment maintenance, Material Safety Data Sheets (MSDS) of the chemicals, Standard Operation Process (SOP), regulations on safety of each facility, regulations on the limits on the contact with the chemicals in the facilities, warnings of potential risks;
dd) Review the initial verification results with the representatives of the facilities and the Vietnam National Agency which are given by the Inspectorate; clarify the suspicious content (if any) within 24 hours after the inspection is finished. The initial results shall be presented in the draft of the preliminary Reports on the verification which are signed by the representatives of the facilities and the Vietnam National Agency with the Chief of the Inspectorate.
3. With regard to the Schedule 1, Schedule 2 chemical facilities
a) During the initial verification, the Inspectorate shall negotiate with the Vietnam National Agency for the uniformity of the content of the draft agreements related to the inspections at the facilities. Such agreements shall be submitted to the Organization and the Government of Vietnam to be concluded.
b) The re-verification activities of the Schedule 1, Schedule 2 chemical facilities shall be carried out the same as those of the Schedule 3 chemical, DOC and DOC-PSF facilities as prescribed in the Point b Clause 13 Article 4 of this Decree.
4. Surprise verification
a) Surprise verifications are carried out to deal with the accusation of the violation of the CWC regulations made by an State Party against any chemical facility under the management of another State Party.
a) The decision on the surprise verification shall be announced at lease 12 hours before the arrival at the entry location; b) The duration for the verification activities to be carried out at the facilities is not more than 84 hours which can be extended according to agreement with the inspected nation.
Article 28. Incentives and exemptions
1. During the verification in Vietnam, the members of the Inspectorate shall be provided incentives and granted diplomatic immunity according to the regulations of the CWC on the incentives and exemptions of the UN dated 1946.
2. Samples and equipment in the list of the equipment approved by the Conference for the State Parties of the CWC which are carried to Vietnam by the Inspectorate to conduct verification activities shall be given exemption from report, customs inspection, import and export tax.
Tìm kiếm
Nghị định 38/2014/NĐ-CP (Bản Word)
Nghị định 38/2014/NĐ-CP (Bản Pdf)