Chương I Thông tư 55/2014/TT-BCT: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides:

a) Guidance on fulfillment of conditions on production of Schedule 1 chemicals, Schedule 2 chemicals and Schedule 3 chemicals (hereinafter referred to as Schedule chemicals), discreet organic chemicals and PSF chemicals (DOC/PSF chemicals);

b) Specimens of the application, License for production, reissued or modified License; declaration of production, trading, processing, use, stockpiling of Schedule chemicals; official request, License for export/import; notice/declaration of Schedule chemicals; declaration of DOC, DOC/PSF chemicals; documents proving fulfillment of the conditions of production of Schedule chemicals.

2. The transit,  temporary import, temporary export of Schedule chemicals according to the regulations in the Law on Commerce, Decree No. 187/2013/ND-CP dated November 20, 2013 by the Government detailing and guiding the implementation of the Law on Commerce regarding international goods trading, trading, processing and transit brokerage activities with foreign countries and the guiding documents.

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in the production, trading, processing, consumption, storage, export and import of chemicals governed by Chemical Weapons Convention in Vietnam.

Article 3. Responsibilities of regulated organizations and individuals

1. Carry out production, trading, processing, consumption, storage, export and import of chemicals in accordance with regulations in Article 8 of Decree No. 38/2014/ND-CP dated May 06, 2014 by the Government on management of chemicals governed by the Convention on prohibition of the development, production, stockpiling, use and destruction of chemical weapons (hereinafter referred to as Decree No. 38/2014/ND-CP).

2. Fulfill the conditions for production, export and import specified in the Decree No. 38/2014/ND-CP and  carry out the production, export or import only when it is licensed by competent agency.

3. Only export or import Schedule 1 chemicals and Schedule 2 chemicals to and from members of Chemical Weapons Convention. List of members of the Chemical Weapons Convention shall be updated on Website of the Ministry of Industry and Trade.

4. Take responsibility for the accuracy of the figures in the declaration of export/import; the management and use of imported chemicals according to the purpose and the relevant law provisions.

5. Comply with the regulations on periodic reporting and irregular reporting as prescribed in this Circular; comply with the inspections of competent agencies.

6. Retain the list of customers and their information for at least 5 (five) years (applicable to Schedule 1 chemicals) and at least 2 (two) years (applicable to Schedule 2 chemicals, Schedule 3 chemicals and DOC, DOC/PSF chemicals) no matter whether or not the organization/individual carries on chemical-related activities. If a chemical establishment has multiple branch offices, the retained information shall include all the relevant information of such branch offices.