THE GOVERNMENT	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 100/2005/ND-CP	Ha Noi, August 3, 2005

 

DECREE

ON THE IMPLEMENTATION OF THE CONVENTION OF THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government.

Pursuant to the State President's Decision No. 167/HD - CTN of August 24, 1998 on the ratification of the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and their destruction.

At the proposal of the Minister of Industry.

DECREE

Chapter I

GENERAL PROVISIONS

Article 1 - Scope and subjects of application

This Decree governs relations involving Vietnamese and foreign organizations and individuals that invest in chemical facilities, and export and import chemicals subject to the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and their destruction (hereinafter referred to as the Convention) on the territory of the Socialist republic of Vietnam.

The regulation of relations in the management of chemicals not subject to the Convention shall comply with current provisions of law.

This decree also applies to Vietnamese organizations and individuals that carry out the above - said activities in foreign countries in accordance with international law, unless otherwise provided for by the laws of such foreign countries.

Article 2 - Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Chemical weapons include the following, together or separately:

a. Toxic chemicals for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purpose.

b. Munitions and devices, specifically designed to cause death or other harms through the toxic properties of those toxic chemicals and precursors specified at Point a of this Clause.

c. Any equipment specifically designed for use directly in connection with the employment f munitions and devices specified at Point b of this Clause.

2. Toxic chemical means any chemical which through its chemical action on life processes can cause death, temporary or permanent uncapacitation, acute or chronic toxication to humans or animals or destruction to the environment or living habitat. This term covers all such chemicals, regardless of their origin, their method of production, or their production facilities.

3. Precursor means any chemical which takes part at any stage in a technological process to react with another chemical to create a toxic chemical and plays the most important role in determining the toxic properties of such toxic chemical. The precursor is the key component of a binary or multicomponent chemical system.

4. Scheduled chemical means a toxic chemical or precursor subjects 1, 2 or 3 according to it toxicity. The lists of scheduled chemicals are provided in Appendix 1 to this Decree

5. 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.

6. Other chemical means a chemical not listed in a schedule and other than all hydrocarbons, explosives and polymers. Other chemicals are classified into DOC chemicals and DOC - PSF chemicals, including:

a. DOC chemicals, which are discrete organic chemicals, including all compound of carbon, except for their oxides and sulfides and metal carbonates, identifiable by chemical name, structural formula (if known) and CAS registry number (if assigned).

b. DOC - PSF chemicals, which are discrete organic chemicals containing one of such elements as phosphorus, sulfur or fluorine.

7. Production of chemical means its formation through chemical reaction.

8. Processing of a chemical means a physical process, such a formulation, extraction and purification, in which a chemical is not converted into another chemical.

9. Consumption of a chemical means its conversion into another chemical via a chemical reaction.

10. Retention of a chemical means the storage and preservation of a chemical unused or not yet used up in specialized warehouses, vessels or tanks at a chemical facility. This term is used for Schedule 1 chemicals.

11. Purposes not prohibited under the Convention include:

a. Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes.

b. Protective purposes directly relating to protection against toxic chemical and against chemical weapons.

c. Defense and security 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.

12. Chemical facility is a site where one or more activities of producing, processing, consuming and retaining chemicals subject to the Convention take place. Chemical facility may be a site with two or more plants, a plant or an independent production unit. Chemical facilities are classified into schedule 1, Schedule 2, Schedule 3; DOC and DOC - PSF chemical facilities, including:

a. Schedule 1 facility is a site where one or more activities of producing, processing, consuming and/or retaining Schedule 1 chemicals take place. Schedule 1 chemical facilities are classified into single small - scale facilities and other facilities:

- Single small - scale facility means a facility producing Schedule 1 chemicals for research, medical, pharmaceutical or protective purposes. At a single small - scale facility, production is carried out in reaction vessels not configurated as continuous production. The volume of such a reaction vessel must not exceed 100 liters and the total volume of all reactive vessels each with a volume of over 5liters must not exceed 500 liters.

- Other facilities means Schedule 1 chemical facilities other than single small - scale facilities, including facilities each producing a total output not exceeding 10 kg/year of Schedule 1 chemical for protective purposes; facilities each producing an output of more than 100 g/year of each schedule 1 chemical and a total output not exceeding 10 kg/year for research, medical or pharmaceutical purposes; laboratories synthesizing a total output of 100 g/year or more of Schedule 1 chemicals for research, medical or pharmaceutical purposes.

b. Schedule 2 chemical facility is a site where one or more activities of producing, processing and/or consuming Schedule 2 chemicals take place.

c. Schedule 3 chemical facility is a site where activities of producing Schedule 3 chemicals take place.

d. DOC, DOC - PSF chemical facility is a site where activities of producing DOC or DOC - PSF chemicals take place.

13. Output means the quantity of a particular chemical actually produced, processed or consumed or planned to be produced, processed or consumed in a given year by a chemical facility. The output of a facility may be equal to or exceed its production capacity for a particular chemical.

14. Verification of export - import data means an action whereby the Organization or the Vietnamese National Agency checks, examines and compares data on the export and import of scheduled chemicals provided by organizations or scheduled chemicals provided by organizations or individuals granted export or import permits for the purpose of reconfirming the consistency of declared data or detecting errors to be redressed to ensure transparency, accuracy and truthfulness of declarations.

15. Inspection means on - site inspection conducted by the Organization at a chemical facility subject to inspection declared by a State Party to the Organization for the purpose of confirming the consistency of declared information and certifying the compliance with the provisions of the Convention at the said facility.

16. Initial inspection means the first inspection conducted by the Organization of a chemical facility subject to inspection.

17. Re - inspection means an inspection following the initial inspection conducted by the Organization of a Schedule 3 or DOC - PSF chemical facility in order to re-inspect the consistency of declarations submitted by a State Party to the Organization.

18. Systematic inspection means an inspection following the initial inspection, which is regularly conducted at a Schedule 1 or Schedule 2 chemical facility under a separate agreement on such facility (facility agreement) for the purpose of examining and reconfirming the consistency of declarations submitted by a State Party to the Organization.

19. Facility agreement means an agreement concluded between a State Party and the Organization concerning an inspection of a particular chemical facility subject to inspection. A draft agreement shall be prepared during the initial inspection and often for Schedule 1 and Schedule 2 chemical facilities.

20. Unexpected inspection means an inspection of any chemical facility in the territory or a place under the jurisdiction of a State Party at any time for the purpose of clarifying concerns regarding non-compliance of the Convention at the said facility. An unexpected inspection shall be conducted at the request of another State Party after it has been considered and decided by the Executive Council of the Organization according to the procedures defined in Article IX and Part X of the Verification Annex to the Convention.

21. Organization for the prohibition of chemical weapons (hereinafter referred to as the Organization) means an organization established by the State Parties to achieve the object and purpose of this Convention through ensuring compliance with its provisions.

22. State Party to the Convention means a state which has signed and ratified or acceded to the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and their destruction and has officially become a party to the Convention on the 30^th day following the date of deposit of its instrument of ratification of or accession to the Convention to the Secretary General of the United Nations. The list of States Parties to the Convention is provided in Appendix 2 to this Decree

23. Vietnamese National Authority for the implementation of the Convention (hereinafter referred to as the Vietnamese National Authority) means an inter-branch organization set up by decision of the Prime Minister. The Ministry of Industry shall represent the Vietnamese National Authority in its relation with the Organization and settle on behalf of the Vietnamese National Authority in its relation with the Organization and settle on behalf of the Vietnamese National Authority matters relating to the Convention.

24. Escort team means a group of employees appointed by the Vietnamese National Authority to work with the inspection team of the Organization while the inspection team conducts inspection activities in Vietnam.

Article 3 - Prohibited acts

1. For chemical weapons

a. Developing, producing, otherwise acquiring, stockpiling and using chemical weapons.

b. Exporting, importing chemical weapons directly or indirectly with any organizations or individuals.

c. Participating in any military preparations to used chemical weapons.

d. Supporting, encouraging or inducing, in any way, and organizations or individuals to engage in and activity prohibited under the Convention.

e. Using riot control agents as a method of warfare.

2. For Schedule 1 chemicals

a. Producing, processing, consuming, retaining, exporting or importing Schedule 1 chemicals, unless permitted by the Prime Minister for special purposes such as research, medical, pharmaceutical or protective purposes.

b. Exporting, importing Schedule 1 chemicals with any organizations or individuals of a non - State Party.

c. Re - exporting or re - importing Schedule 1 chemical with any organization or individuals of a third state.

3. For Schedule 2 chemicals

a. Producing, processing or consuming Schedule 2 chemicals, unless approved by competent state agencies for purposes not prohibited under the Convention; exporting or importing Schedule 2 chemicals, unless approved by competent state agencies for purposes not prohibited under the Convention.

b. Exporting or importing Schedule 2 chemicals with any organizations or individuals of a non - State Party.

4. For Schedule 3 chemicals

a. Producing Schedule 3 chemicals, unless approved by competent state agencies for purposes not prohibited under the Convention; exporting or importing Schedule 3 chemicals, unless approved by competent state agencies for purposes not prohibited under the Convention.

b. Exporting Schedule 3 chemicals with any organizations or individuals of a non - State Party without en - use certificates of a competent state agency of such state,

5. Producing, exporting or importing DOC, DOC - PSF chemicals, unless for purposes not prohibited under the Convention.

Chapter II

PROVISIONS ON CHEMICAL SUBJECT TO THE CONVENTION

Section 1. PROVISIONS ON SCHEDULE 1 CHEMICALS

Article 4 - Provisions on investment, declaration and inspection of Schedule 1 chemical facilities

1. Investment in Schedule 1 chemical facilities shall be made as follows:

a. Activities of producing, processing, consuming or retaining Schedule 1 chemicals may be carried out at single small - scale facilities or other facilities.

b. Lawfully established enterprises that have chemical business registration certificates granted by a competent state agency and registered tax identification numbers; and commit to make investment in Schedule 1 chemicals facilities in accordance with the provision a Point a, Clause 12 or Article 2 may invest in facilities that produce, process, consume or retain Schedule 1 chemicals for research, medical, pharmaceutical or protective purposes if they fully satisfy the following conditions:

- Having appropriate material foundations, technologies and equipment for producing, consuming or retaining Schedule 1 chemicals up to quality standards they have registered.

- Having a unit for analyzing and inspecting product quality. In the absence of such a unit, it is possible to hire a lawful analysis unit or center under a specialized agency for this purpose.

- Having a waste treatment system to ensure that operations at the facility do not cause environmental pollution; having sufficient working means and conditions to ensure labor safety and environmental sanitation as required for toxic chemical according to the provision of law on labor and environment.

- Having a contingent of technicians and workers who have professional competence and have been trained in chemical, meeting the requirements of production technologies and product quality.

- Having obtained permission of the prime Minister.

Enterprises that wish to invest in Schedule 1 chemical facilities must sent to the Ministry of Industry written requests for consideration and approval of their investment. Within 15 days after receiving complete and valid dossiers, the Ministry of Industry shall have to consider and reply to the enterprises. The Ministry of Industry's written approval shall be enclosed with the dossier of application for an investment license to be submitted to the Prime Minister.

The forms of enterprise's requests and Ministry of Industry approval of investment in Schedule 1 Chemical facilities are provided in Annex 3 to this Decree (form 3.1 and form 3.2).

c. In case of addition, adjustment or change of operations at existing Schedule 1 chemical facilities, enterprises must send reports giving detained explanations thereon to the Ministry of Industry for approval before submission to the Prime Minister for permission.

2. Enterprises having Schedule 1 chemical facilities must submit to the Ministry of Industry the following documents:

a. At least 210 days before a Schedule 1 chemical facility starts its operation, the enterprise shall submit an initial declaration on the facility, made according to declaration form No. 5.1 in Annex 5 to this Decree (not printed herein).

b. Prior to February 28 every year, the enterprise shall submit a declaration on the preceding year's operations at the Schedule 1 chemical facility, made according to declaration form No. 5.2 in Annex 5 to this Decree (not printed herein).

c. Prior to August 30 every year, the enterprise shall submit a declaration on the following year's projected operations at the Schedule 1 chemical facility, made according to declaration form No. 5.3 in Annex 5 to this Decree (not printed herein).

d. At least 201 days before adding, adjusting or changing operations at an existing Schedule 1 chemical facility, the enterprise shall submit a declaration made according to declaration form No. 5.4 in Annex 5 to this Decree (not printed herein).

3. All Schedule 1 chemical facilities shall be subject to initial inspection and systematic inspection by the Organization under relevant facilities agreements. The Organization may conduct unexpected inspections at any Schedule 1 chemical facilities when there are concerns regarding violation of the Convention.

Enterprises with inspected Schedule 1 chemical facilities must fully comply with the Organization's regulations on inspection in Annex 9 to this Decree; follow the instructions of the escort team in the course of inspection at the facilities; cooperate with and create favorable conditions for the inspection team of the Organization to fulfil its tasks stated in the inspection mandate.

Article 5 - Provision on export and import of Schedule 1 chemicals

1. Lawfully established enterprises may export or import Schedule 1 chemicals with organizations or individuals of a State Party in special cases for research, medical, pharmaceutical or protective purposes if they fully satisfy the following conditions:

a. Having chemical business registration certificates granted by a competent state agency and registered export and/or import identification numbers indicated in tax registration certificates granted by a tax office.

b. Having certificates of satisfaction of conditions for dealing in toxic chemicals and products containing toxic chemicals, granted by the provincial/municipal science and Technology Service according to regulations f the Ministry of Science and Technology.

c. Having obtained permission of the Prime Minister.

Within 15 days after receiving the approval of the Prime Minister, the Ministry of Industry shall issue permits to enterprises for each exportation or importation.

The form application for an export (import) permit for Schedule 1 chemicals and the form of such permit are provided in Annex 4 to this Decree (form 4.1. and form 4.2).

For each contract, only one permit for export (import) of Schedule 1 chemicals shall be granted and valid for 12 months at most; it extension is needed, an application therefore must be made. Granted permits are non - transferable.

2. Enterprises permitted to export and/or import Schedule 1 chemicals must submit to the Ministry of Industry the following documents.

a. At least 45 days before effecting the exportation (importation) of schedule 1 chemicals, the enterprise shall submit a notice thereon for carrying out procedures for notification to the Organization thereof, made according to declaration form No. 5.5 in Annex 5 to this Decree (not printed herein).

b. Prior to February 28 every year, the enterprise shall submit a declaration on the preceding year's export, import or domestic distribution of each Schedule 1 chemical, made according to declaration form No. 5.6 in Annex 5 to this Decree (not printed herein).

3. All enterprises exporting or importing Schedule 1 chemicals must, upon request, comply with the verification of export or import data conducted by the Organization or the Ministry of Industry in collaboration with the Vietnamese National Authority.

Section 2. Provision on Schedule 2 and Schedule 3 chemicals

Article 6 - Provision on investment in Schedule 2 chemical facilities, Schedule 3 chemical facilities

1. Lawful established enterprises that have chemical business registration certificates granted by a competent state agency and registered tax identification numbers may invest in Schedule 2 chemical facilities or Schedule 3 chemical facilities for purposes not prohibited under the Convention if they fully satisfy the following conditions:

a. Having appropriate material foundations, technologies and equipment for producing, processing or consuming Schedule 2 chemicals or producing Schedule 3 chemicals up to quality standards they have registered.

b. Having a unit for analyzing and inspecting product quality. In the absence of such a unit, it is possible to hire a lawful analysis unit or center under a specialized agency for this purpose.

c. Having a waste treatment system to ensure that operations at the facility do not cause environmental pollution; having sufficient working means and conditions to ensure labor safety and environmental sanitation as required for toxic chemical according to the provisions of law on labor and environment.

d. Having a contingent of technicians and workers who have professional competence and have been trained in chemicals, meeting the requirements of production technologies and product quality.

Enterprises that wish to invest in Schedule 2 chemical facilities or Schedule 3 chemical facilities must send to the Ministry of Industry written requests for consideration and approval of their investment. Within 15 days, for Schedule 2 chemical facilities, or within seven days, for Schedule 3 chemical facilities after receiving complete and valid dossiers, the Ministry of Industry shall have to reply to the enterprises. The Ministry of Industry's written approval shall be enclosed with the dossier of investment proposal t be submitted to competent agencies for investment consideration, evaluation and decision according to current regulations.

The forms on enterprise's requests and Ministry of Industry approval of investment in Schedule 2 chemical facilities or Schedule 3 chemical facilities are provided in Annex 3 to this Decree (form 3.3 and form 3.4).

2. In case of addition, adjustment or change of operations at existing Schedule 2 chemical facilities or Schedule 3 chemical facilities, enterprises must send reports giving detailed explanations thereon to the Industry Ministry for approval before submission to competent agencies for permission.

Article 7 - Provisions on declaration of Schedule 2 chemical facilities or Schedule 3 chemical facilities

1. Enterprises having Schedule 2 chemical facilities or Schedule 3 chemical facilities make declarations on the facilities to the Industry Ministry if the facilities have a production capacity equal to or higher than the following limit:

a. For Schedule 2 chemicals:

- 1 kg/year for a chemical 2A*.

- 100 kg/year for a chemical 2A.

- 1 ton/year for a chemical 2B.

b. For Schedule 3 chemicals:

From 30 tons/year or more for a Schedule 3 chemical.

2. Enterprises mentioned in Clause 1 of this Article must submit declarations to the Ministry of Industry.

a. At least 60 days, for Schedule 2 chemical facilities, or 30 days, for Schedule 3 chemical facilities, before a facility starts its operation, the enterprise shall submit an initial declaration on the facility, specifically made according to declaration form No. 6.1 provided in Annex 6 to this Decree (not printed herein), for Schedule 2 chemical facilities, or to declaration form No. 7.1 provided in Annex 7 to this Decree (not printed herein), for Schedule 3 chemical facilities.

b. Prior to February 28 every year, the enterprise shall submit a declaration on the preceding year's operations at the existing facility, specifically made according to declaration form No. 6.2 provided in Annex 6 to this Decree (not printed herein), for Schedule 3 chemical facilities, or to declaration form No. 7.2 provided in Annex 7 to this Decree (not printed herein), for Schedule 3 chemical facilities.

c. Prior to September 30 every year, the enterprise shall submit a declaration on the following year's projected operations at the facility, specifically made according to declaration form No. 6.3 provided in Annex 6 to this Decree (not printed herein), for Schedule 2 chemical facilities, or to declaration form No. 7.3 provided in Annex 7 to this Decree (not printed herein), for Schedule 3 chemical facilities.

d. At least 30 days before adding, adjusting or changing operations at an existing chemical facility, the enterprise shall submit an additional declaration on the facility, specifically made according to declaration form No. 6.4 provided in Annex to this Decree (not printed herein), for Schedule 2 chemical facilities, or to declaration form No. 7.4 provided in Annex 7 to this Decree (not printed herein), for Schedule 3 chemical facilities.

Article 8 - Provisions on inspection of Schedule 2 chemical facilities and Schedule 3 chemical facilities

1. Objects to be inspected:

a. All Schedule 2 chemical facilities shall be subject to initial inspection and systematic inspection by the Organization if they have a production capacity equal to or higher than the following limit:

a. For Schedule 2 chemicals:

- 10 kg/year for a chemical 2A*.

- 1 ton/year for a chemical 2A.

- 10 ton/year for a chemical 2B.

b. All Schedule 3 chemical facilities that have a production capacity of 200 tons/year for any Schedule 3 chemical may be subject to initial inspection and re-inspection by the Organization.

2. The Organization may conduct unexpected inspection at any Schedule 2 chemical facilities or Schedule 3 chemical facilities where there are concerns regarding violation of the Convention.

3. Enterprises with inspected Schedule 2 chemical facilities or Schedule 3 chemical facilities must fully comply with the Organization's regulations on inspection in Annex 9 to this Decree; follow the instructions of the escort team in the course of inspection at the facilities; cooperation with and create favorable conditions for the inspection team of the organization to fulfil its tasks stated in the inspection mandate.

Article 9 - Provision on export and import of Schedule 2 chemicals, Schedule 3 chemical

1. Lawfully established enterprises may export or import Schedule 2 chemicals or Schedule 3 chemicals with organizations and individuals of a State Party of purposes not prohibited under the Convention if they must fully satisfy the following conditions:

a. Having chemical business registration certificates granted by a competent state agency and registered export and/or import identification numbers indicated in tax registration certificates granted by a tax office.

b. Having certificates or satisfaction of conditions for dealing in toxic chemicals and products containing toxic chemicals, granted by the provincial/municipal Science and Technology Service according to regulations of Ministry of Science and Technology.

c. Having permits for export (import) of Schedule 2 chemicals or Schedule 3 chemicals granted by the Ministry of Industry.

The forms of application for an export (import) permit for Schedule 2 chemical and Schedule 3 chemicals are provided in Annex 4 to this Decree (form 4.3).

Within 15 days after receipt of complete and valid dossiers, the Ministry of Industry shall grant export (import) permits for Schedule 2 chemicals and schedule 3 chemicals, made according to the form provide in Annex 4 to this Decree (form 4.4).

In case of export or import of Schedule 2 chemicals or Schedules 3 chemicals for specialized purposes (medical, pharmaceutical, agricultural and protective), the Ministry of Industry may, if deeming it necessary, collect written opinions of the relevant state management agency (ies) before granting permits.

For each contract, only one permit for export (import) of Schedule 2 chemicals or Schedule 3 chemicals shall be granted and valid for 12 months at most; if extension is needed, an application therefore must be made. Granted permits are non-transferable.

In case of export of Schedule 3 chemicals with organizations or individuals of states not party to the Convention, there must be end - use certificates granted by competent agencies of such states. The form of end - use certificate is provided in Annex7 to this Decree (form 7.5). This certificate shall be enclosed with the dossier of application for an export permit submitted by the applying enterprise.

2. Prior to February 28 every year, enterprises mentioned in Clause 1 of this Article must submit to the Industry Ministry declarations on the preceding year's import or export activities for:

- Schedule 2 chemical, including mixtures containing chemical 2A* chemical 2A with a concentration of 1% or more or chemical 2B with a concentration of 30% or more, made according to declaration form No. 6.5 in Annex 6 to this Decree (not printed herein).

- Schedule 3 chemicals, including mixtures containing Schedule 3 chemicals with a concentration of 30% or more, made according to declaration form No. 7.6 in Annex 7 to this Decree (not printed herein).

3. All enterprises exporting or importing Schedule 2 chemicals or Schedule 3 chemicals must, upon request, comply with the verification of data on the export and import of Schedule 2 or Schedule 3 chemicals conducted by the Organization or the Ministry of Industry in collaboration with the Vietnamese National Agency.

Section 3. PROVISIONS ON DOC AND DOC - PSF CHEMICAL FACILITIES

Article 10 - Provision on investment in DOC and DOC - PSF chemical facilities

Lawful established enterprises that have chemical business registration certificates granted by a competent state agency and registered tax identification numbers; and commit to make investment in DOC or DOC - PSF chemical facilities for purposes not prohibited under the Convention may invest in facilities that produce DOC or DOC - PSF chemicals if they fully satisfy the following conditions:

1. Having appropriate material foundations, technologies and equipment for producing DOC or DOC - PSF chemical up to quality standards they have registered.

2. Having a unit for analyzing and inspecting product quality. In the absence of such a unit, it is possible to hire a lawful analysis unit or center under a specialized agency for this purpose.

3. Having a waste treatment system to ensure that operations at the facility do not cause environmental pollution; having sufficient working means and conditions to ensure labor safety and environmental sanitation as required for toxic chemicals according to the provisions of law on labor and environment.

4. Having a contingent of technicians and workers who have professional competence and have been trained in chemicals, meeting the requirement of production technologies and product quality.

Investment in DOC or DOC - PSF chemical facilities shall comply with current regulations on investment.

Article 11 - Provisions on declaration on DOC or DOC - PSF chemical facilities

Enterprises having a DOC chemical facility with an output of 200 tons/year or more for a DOC chemical or a DOC - PSF chemical facility with an output of 30 tons/year or more for a DOC - PSF chemical must submit to the Ministry of Industry the following documents:

a. At least 30 days before a DOC or DOC - PSF chemical facility starts its operation, the enterprise shall submit an initial declaration on the facility, made according to declaration form No. 8.1 in Annex 8 to this Decree (not printed herein).

b. Prior to February 28 every, the enterprise shall submit a declaration on the preceding year's operations at the DOC or DOC - PSF chemical facility, made according to declaration form No. 8.2 in Annex 8 to this Decree (not printed herein).

c. At least 30 days before adding, adjusting or changing operations at an existing DOC or DOC - PSF chemical facility, the enterprise shall submit an additional declaration thereon, made according to declaration form No. 8.3 in Annex 8 to this Decree (not printed herein).

Article 12 - Provision on inspection of DOC or DOC - PSF chemical facilities

1. All facilities producing DOC or DOC - PSF chemicals with an output of more than 200 tons/year may be subject to initial inspection and re-inspection by the Organization. The Organization may conduct unexpected inspections at any DOC or DOC - PSF chemical facilities when there are concerns regarding violation of the Convention.

2. Enterprises with an inspected DOC or DOC - PSF chemical facility must fully comply with the Organization's regulations on inspection in Annex 9 to this Decree; follow the instruction of the escort team in the course of inspection at the facility; cooperated with and create favorable conditions for the inspection team of the Organization to accomplish its tasks stated in the inspection mandate.

Chapter III

OTHER PROVISIONS

Article 13 - Notification on change of names of riot control agents

In case of change of chemicals used as riot control agents, the state agencies responsible for management and use of riot control agents must notify the Ministry of Industry of the name of the replacement chemical (in accordance with the IUPAC nomenclature, trade name or ordinary name), its chemical formula and CAS registry number for notification to the Organization.

Article 14 - Annual notification on protective and voluntary contribution programs

The Vietnamese National Authority shall have to coordinate with concerned state agencies in making annual reports on Vietnam's protective and voluntary contribution program and submit them to the Prime Minister for approval and notification to the Organization.

Article 15 - Privileges and immunities

1. In the course of inspection in Vietnam, the Organization's inspection team members shall enjoy diplomatic privileges and immunities in accordance with the provisions of Article 29 and Clause 1, Article 30 of the 1961 Vienna Convention on Diplomatic Relations.

2. The Ministry of Public Security shall consider and grant entry permits for inspectors and inspection assistants of the Organization.

3. The Ministry of Foreign Affairs shall grant multiple visas with a two - year validity to inspectors and inspection assistants of the Organization and, at the same time, notify the Organization of the list of inspectors and inspection assistants who have been granted visas by Vietnam.

4. Sample and equipment on the list of equipment approved by the Conference of the States Parties carried by the inspection team for the sake of inspection and be exempt from import and export duties.

Article 16 - Reception of and working with the inspection team of the Convention Organization

The Vietnamese National Authority shall have the responsibility to:

1. Receive and work with the Organization's inspection team; exercise the right to inspect under Item 29, Section c, Part II of the Verification Annex to the Convention the equipment brought into Vietnam by the inspection team; create every condition for the inspection team to accomplish its inspection tasks in accordance with the inspection mandate of the Convention Organization when this mandate complies with the provisions of the Convention.

2. To coordinate with the inspected facilities to take every measure to protect the facilities, information and data not relating to the inspection purpose and contents.

3. For Schedule 1 and Schedule 2 chemical facilities, immediately in the course of the initial inspection, the Vietnamese National Authority shall together with representatives of such facilities hold negotiations with the inspection teams so as to reach agreement on the contents of the facility agreements, stipulating details of systematic inspections at the facilities following the initial inspection.

Article 17 - Confidentiality of information

1. All members of the Vietnamese National Agency shall have to protect confidential information when performing their tasks in accordance with the provisions of the Convention and the Ordinance on the Protection of State secrets.

2. The Vietnamese National Authority shall have the task of classifying confidential information exchanged with or supplied to the Organization on the basis of agreement with the Organization.

3. Confidential information of chemical facilities may be exchange with or disclosed to responsible persons only for the purpose of performing the obligations under the Convention and in emergency cases relating to public safety.

Chapter IV

STATE MANAGEMENT IN THE IMPLEMENTATION OF THE CONVENTION

Article 18 - Contents of state management in the implementation of the Convention

The contents of state management in the implementation of the Convention include:

1. Formulating and promulgating or submitting to competent agencies for promulgation legal documents on management of Chemical activities for the implementation of the Convention.

2. Directing and organizing the implementation of Vietnam's legal documents and international commitments arising from the Convention.

3. Conducing information and education activities to disseminate the Convention and relevant legal documents.

4. Granting, extending, suspending and withdrawing permits for chemical activities subject to the Convention.

5. Inspecting, examining and handling violations of legal provisions on the implementation of the Convention.

6. Undertaking international cooperation in the implementation of the Convention.

Article 19 - Responsibilities of state management agencies in the implementation of the Convention

1. The Government shall perform the unified management of the implementation of the Convention throughout the country.

2. The Ministry of Industry shall act as the focal point assisting the Government in performing the state management of the implementation of the Convention and have the following functions, tasks and powers:

a. Promulgating according to its competence or submitting to competent agencies for promulgation legal documents on the implementation of the Convention.

b. Publicizing and disseminating the Convention and relevant legal documents.

c. Assuming the prime responsibility for, coordinate with ministries, branches and People's committees of provinces and centrally run cities (hereinafter referred collectively as provincial - level People's Committees) in, and taking responsibility to the Government for, the implementation of the Convention.

d. Granting, extending, suspending and revoking according to its competence export and import permits and written approvals of investment with respect to inspected chemical facilities according to the provision of the Convention.

e. Managing the production, processing, consumption and retention of relevant toxic chemicals; inspecting and checking these activities at facilities under its management.

f. Representing the Vietnamese National Authority in the relation with the Organization a settle on behalf of the Vietnamese National Authority matters relating to the Convention.

g. Assuming the primer responsibility for undertaking international cooperation within the framework of the Convention.

3. The Ministry of Trade shall coordinate with the Ministry of Industry in formulating and promulgating according to its competence or submitting to competent authorities for promulgation legal documents relating to the management of export and import of chemicals subject to the Convention.

4. The Ministry of Finance shall coordinate with the Ministry of Industry in formulating and promulgating according to its competence or submitting to competent authorities for promulgation custom regulations and guidance relating to the export and import of scheduled chemicals in accordance with the provisions of the Convention; be responsible for gathering statistics and sum up data on the export and import of scheduled chemicals and transferring them to the Ministry of Industry for processing and making national declarations to the Convention.

5. The Ministry of Defense and the Ministry of Public Security shall manage the production, processing, consumption and retention of relevant toxic chemicals; inspect and check these activities in armed force units; and coordinating with the Ministry of Industry in implementing the Convention.

6. The Ministry of Foreign Affairs shall coordinate with the Ministry of Industry in realizing Vietnam's commitments to implementing the Convention and undertaking international cooperation in accordance with the provisions of the Convention.

7. Ministries, ministerial - level agencies, Government - attached agencies and provincial - level People's Committees shall, depending on their respective functions, tasks and powers, coordinate with the Ministry of Industry in organizing the implementation of the provision of the Convention and this Decree.

Article 20 - Functions and working regulations of the Vietnamese National Authority

The Vietnamese National Authority shall have the following functions:

1. Giving advice to the Government and the Prime Minister on the implantation of the Convention.

2. Ensuring close and effective coordination among concerned ministries, branches and agencies in the implementation of the Convention.

3. Monitoring and checking to ensure compliance with the Convention.

4. Acting as the focal point in maintaining working relation between Vietnam and the Organization through its representative being the Ministry of Industry.

The Minister of Industry shall decide on working regulations of the Vietnamese national Authority.

Chapter V

INSPECTION, EXAMINATION AND HANDLING OF VIOLATIONS

Section 1. INSPECTION, EXAMINATION

Article 21 - Inspection and examination responsibilities and competence

1. The Vietnamese national Authority shall have to coordinate with the Ministry of Industry, concerned ministries, braches and agencies in inspecting and supervising activities related to chemicals subject to the Convention and stipulated in this Decree in order to rectify, detect, prevent and promptly handle violations in the implementation of the Convention.

2. The competence to inspect and supervise shall comply with the provisions of law on inspection.

3. While performing their tasks, inspecting and examining agencies and persons shall have to strictly implement relevant legal provisions; respect the legitimate rights and interests of inspected or examined individuals and units.

Article 22 - Decision on inspection or examination

1. Inspection or examination shall be conducted in the following forms:

a. Regular examination according to managerial functions and competence provided for by law.

b. Setting up tears for quarterly, biannual or annual inspections or examinations or for unexpected inspections when deeming it necessary.

2. Unexpected inspections or examinations shall be based on the following grounds:

a. Through their managerial work, competent agencies have detected information or documents showing signs of violation of the provisions of the Convention, the provisions of this Decree or relevant provisions of law.

b. Having received reports or denunciations of other persons on violation.

c. At the request of the Vietnamese National Authority or the Organization.

3. The head of the agency responsible for an inspection or examination shall decide on the composition of the inspection or examination team on the basis of the inspection or examination purpose, requirement, scope and content; in case of necessity to set up an inter-branch team, concerned agencies shall be consulted to appoint persons for coordination.

4. The inspection or examination conducted by a team must be decided in writing by a provincial - or higher - level branch leader. An inspection or examination decision must contain the name of the inspecting agency, the name and address of the inspected or examined agency or organization; timing, scope and contents of inspection or examination; composition of the inspection or examination team; grounds for such inspection or examination (for unexpected inspection or examination).

Article 23 - Conducting of inspection or examination

1. on the basis of the provisions of the Convention and Decree, inspection or examination shall be conducted of actual operations of the inspected or examined subjects. Inspected or examined for the inspection or examination teams to accomplish their tasks.

2. Inspection or examination result shall be recorded in writing. Such a record shall contain a description of the inspection or examination process; the team's conclusion on violations of the inspected individuals or unit; recommendations or requests of the inspection or examination team, and other necessary contents. It must contain the signatures of the leader of the inspection or examination team and the inspected or examination individuals or the head of the inspected or examined unit.

3. If detecting that a violation show criminal signs, the leader of the inspection or examination team may suspend the operation in violation, protect the scene and material evidences of the violation, and at the same time, immediately report it to a competent investigation agency.

Section 2. SANCTIONING OF ADMINISTRATIVE VIOLATIONS

Article 24 - General provision on sanctioning of administrative violations

1. Administrative violations in the implementation of the Convention mean acts of violation committee by organizations or individuals in the production, processing, consumption, retention, export and import of chemicals subject to the Convention and this Decree, which do not constitute an offense but must be administratively sanctioned under the provisions of the Ordinance on Handling of Administrative Violations.

2. Acts of administrative violation shall be subject to a form of administrative sanction being a fine not exceeding VND 100,000,000 per act of administrative violation. A specific level of fine for an act of administrative violation is the average level of the fine bracket imposed for such act. A violation involving extenuating circumstances may be subject to a fine lower than the average level but not lower than the minimum level of the fine bracket. A violation involving aggravating circumstances may be subject to a fine higher than the average level but not higher than the maximum level of the fine bracket.

3. Depending on the nature and seriousness of a violation, the violating individual or organization may be also subject to the application of on or more additional sanctioning forms or remedies in accordance with the provisions of the Ordinance on Handling of Administrative Violations.

4. The principles, time limits and procedures for sanctioning administrative violations, extenuating circumstances, aggravating circumstances, statute of limitations for sanctioning, and the period for being regarded as not having been sanctioned, the application of preventive measures and measures to guarantee the handling of administrative violations in the implementation of the Convention shall comply with the provisions of the Ordinance on Handling of Administrative Violations and the Government's Decree No. 134/2003/ND - CP of November 14, 2003 detailing the implementation of a number of articles of the said Ordinance and other relevant guiding documents.

5. For other administrative violations in the domain of management of toxic chemicals, environmental protection and chemical safety already stipulated in other decrees of the Government, the sanctioning thereof shall comply with the provision of such decrees.

Article 25 - Handling of acts prohibited under the Convention

1. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for committing prohibited acts relating to chemical weapons specified in Clause 1, Article 3 of this Decree.

2. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed for committing prohibited acts relating to Schedule 1 chemicals specified in Clause 2, Article 3 of this Decree.

3. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed for committing prohibited acts relating to Schedule 2 chemicals specified in Clause 3, Article 3 of this Decree.

4. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for committing prohibited acts relating to Schedule 3 chemicals specified in Clause 4, Article 3 of this Decree.

5. A fine of VND 20,000,000 shall be imposed for committing prohibited acts relating to DOC or DOC - PSF chemicals specified in Clause 5, Article 3 of this Decree.

6. Apart from being fined, organizations or individuals committing acts of violations specified in Clause 1, 2, 3, 4 and 5 of this Article must take remedies and may be also subject to the application of the following additional sanctioning forms.

a. Confiscation of material evidences and means employed for commission of an administrative violation of the provisions of Article 3 of this Decree.

b. Forced application of remedies to overcome environmental pollution caused by an administrative violation.

c. Forced bringing out of the Vietnamese territory or forced re-export of goods, articles and/or means involved in acts of illegally importing scheduled chemicals, in case of non-application of the confiscation measure.

d. Forced destruction of material evidences being chemicals or articles containing chemicals harmful to human health, animals or plants, in case of non - application of the confiscation measure.

Article 26 - Sanctioning of violations of management of Schedule 1 chemicals

1. A fine of between VND 10,000,000 and VND 25,000,000 shall be imposed for one of the following acts of violation:

a. Violating provisions on investment conditions or conditions on export or import of Schedule 1 chemicals, made in Clause 1, Article 4 and Clause 1, Article 5 of this Decree, if not falling into the cases specified in Clause 2 and 3 of this Article.

b. Violating provisions on declaration of Schedule 1 chemicals, such as non - declaration or false declaration on the actual production, processing, consumption or retention; non - notification or non - declaration of export or import due to irresponsibility or other unintentional faults; late notification or declaration without plausible reasons.

1. A fine of between VND 25,000,000 and VND 40,000,000 shall be imposed for one of the following acts of violation:

a. Producing processing, consuming or retaining Schedule 1 chemicals in quantities in excess of total output specified at item a, Clause 12, Article 2 of this Decree; exporting, importing Schedule 1 chemicals which contravene the contents of export (import) permits; transferring export (import) permits to other enterprises.

b. Violating provisions on declaration of Schedule 1 chemicals, such as non - declaration or false declaration on the actual production, processing, consumption or retention in an intentional manner; non - notification or non - declaration of export or import in an intentional manner; employment of deceitful tricks in declaration.

c. Violating provisions on inspection, if not falling into the cases specified at Point b, Clause 3 of this Article; violation of provisions on verification of data on export and import of Schedule 1 chemicals according regulations.

d. Failing to comply with inspection or examination decisions of competent agencies.

3. A fine of between VND 40,000,000 and VND 70,000,000 shall be imposed for one of the following acts of violation:

a. Making investment in Schedule 1 chemical facilities without permission of the Prime Minister; exporting or importing Schedule 1 chemicals without permission of the Prime Minister and without permits of the Ministry of Industry; using expired, altered or forged permits.

b. Failing to comply inspection decisions of competent agencies.

Article 27 - Sanctioning of violations of management of Schedule 2 chemicals

1. A fine of between VND 5,000,000 and VND 15,000,000 shall be imposed for one of the following acts of violation:

a. Violating provisions on conditions on investment in Schedule 2 facilities, conditions on export or import of Schedule 2 chemicals, made in Clause 1, Article 6 and Clause 2, Article 9 of this Decree, if not falling into the cases specified in Clause 2 and 3 of this Article.

b. Violating provision on declaration of Schedule 2 chemicals, such as non - declaration of Schedule 2 chemicals, such as non - declaration or false declaration on the actual production, processing, consumption, export or import of Schedule 2 chemicals due to irresponsibility or other unintentional faults; late declaration without plausible reason.

2. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed for one of the following acts of violation:

a. Making investment in Schedule 2 chemical facilities in contravention of the contents of the written approvals of the Ministry of Industry; exporting, importing Schedule 2 chemicals in contravention of the contents of export (import) permits; transferring export (import) permits to other enterprises.

b. Violating provisions on declaration of Schedule 2 chemicals, such as non - declaration or false declaration on the actual production, processing, consumption or import in an intentional manner; employment of deceitful tricks in declaration.

c. Violating provisions on inspection, if not falling into the cases specified at Point b, Clause 3 of this Article; violation of provisions on verification of data on export and import of Schedule 2 chemicals according to regulations.

d. Failing to comply inspection or examination decisions of competent agencies.

3 A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for one of the following acts of violation:

a. Making investment in Schedule 2 chemical facilities without written approval of the Ministry of Industry; exporting or importing Schedule 2 chemicals without permits of the Ministry of Industry; using expired, altered or forged permits.

b. Failing to comply with inspection decisions of competent agencies.

Article 28 - Sanctioning of violations of management of Schedule 3 chemicals

1. A fine of between VND 2,000,000 and VND 7,000,000 shall be imposed for one of the following acts of violation:

a. Violating provisions on conditions on investment in Schedule 3 facilities, conditions on export or import of Schedule 3 chemicals, made in clause 1, Article 6 and Clause 2, Article 9 of this Decree, if not falling into the cases specified in Clause 2 and 3 of this Article.

b. Violating provisions on declaration of Schedule 3 chemicals, such as non - declaration or false declaration on the actual production, processing, consumption, export or import of Schedule 3 chemicals due to irresponsibility or other unintentional faults; late declaration without plausible reasons.

2. A fine of between VND 7,000,000 and VND 15,000,000 shall be imposed for one of the following acts of violation:

a. Making investment in contravention of the contents of the written approvals of the Ministry of Industry; exporting, importing Schedule 3 chemicals in contravention of the contents of export (import) permits; transferring export (import) permits to other enterprises.

b. Violating provision on declaration of Schedule 3 chemicals, such as non - declaration or false declaration on the actual production, export or import in an intentional manner; employment of deceitful tricks in declaration.

c. Violating provisions on inspection, if not falling into the cases specified at Point b, Clause 3 of this Article.

d. Failing to comply with inspection or examination decisions of competent agencies.

3. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed for one of the following acts of violation:

a. Making investment in Schedule 3 chemical facilities without approval of the Ministry of Industry; exporting or importing Schedule 3 chemicals without permits of the Ministry of Industry; using expired, altered or forged permits.

b. Failing to comply with inspection decisions of competent agencies.

Article 29 - Sanctioning of violations of management of DOC, DOC - PSF chemicals

1. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for one of the following acts of violation:

a. Violating provision on declaration on DOC, DOC - PAF chemical facilities, if not falling into the case specified at Point a, Clause 2 of this Article.

b. Failing to comply with inspection or examination decisions of competent agencies.

c. Violating provision on inspection, if not falling into the case specified at Point b, Clause 2 of this Article.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts of violation:

a. Violating provisions on declaration of DOC, DOC - PSF chemical facilities, such as false declaration on the actual production, export or import in an intentional manner; employment of deceitful tricks in declaration.

b. Failing to comply with inspection decisions of competent agencies.

Article 30 - Application of additional sanctioning forms, remedies and the sanction of expulsion

1. Apart from being fined, individuals or organizations that commit acts of violation of the provisions of Article from 26 to 29 of this Decree must take remedies and may be subject to the application of the following additional sanctioning forms:

a. Deprival of the right to use permits for a definite period of time or suspension for a definite period of time of the operation of the facility concerned, for violations of the provisions of Clause 1 and 2 of Articles from 26 to 28 and the provisions of Clause 1 of Article 29 of this Decree.

b. Deprival of the right to use permits for an indefinite period of time or termination of operation of the facility concerned for violations of the provisions of Clause 1 and 2 or Articles from 26 to 28 of this Decree, which involve many aggravating circumstances, and for violations of the provisions of Point b, Clause 3 of Articles from 26 to 28 of this Decree and the provisions of Point b, Clause 2, Article 29 of this Decree.

c. Confiscation of material evidences and means employed for commission of an administrative violation of the provisions of Point a, Clause 3 of Article from 26 to 28 and the provision of Point a, Clause 2, Article 29 of Decree.

d. Forced application of remedies to overcome environmental pollution caused by an administrative violation.

e. Forced bringing out of the Vietnamese territory of forced re-export of goods, articles and/or means involved in acts of illegally importing scheduled chemicals, in case of non - application of the confiscation measure.

f. Forced destruction of material evidences being chemicals or articles containing chemicals harmful to human health, animals or plants, in case of non - application of the confiscation measure.

2. Foreigners who commit acts of violation of the provisions of Articles from 25 to 29 of this Decree may be expelled in accordance with the provisions of law on handling of administrative violations.

Article 31 - Competence to sanction administrative violations

The Ministry of Industry, concerned ministries and branches as well as provincial - level People's Committees hall have to sanction administrative violations according to their respective competence provided for in the Ordinance on Handling of Administrative Violations.

Article 32 - Complaints, denunciations and settlement thereof

1. Inspected examined or administratively sanctioned individuals or organizations may complain about administrative decisions or acts of competent persons when they have grounds to believe that such decisions or acts contravene the provisions of law and this Decree, infringing upon their legitimate rights and interests.

2. Citizens and denounce to competent state agencies illegal acts of any organizations or individuals which cause harm or threat to cause harm to the interests of the State, legitimate rights and interest of citizens or organizations.

3. The order and procedures for settling complaints or denunciations and for settling complaints or denunciations shall comply with the provisions of Article 118 of the Ordinance on Handling of Administrative Violations and the provisions of the Law on Complaints and Denunciations.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 33 - Implementation effect

This Decree takes effect 15 days after its publication in "Cong Bao". All previous provisions contrary to this Decree are hereby annulled.

Article 34 - Implementation responsibility

1. The Ministry of Industry shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, examining and urging the implementation of this Decree.

2. Ministries, heads of ministerial - level agencies, heads of Government - attached agencies and presidents of provincial/municipal People's Committees shall have to guide and implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER           Phan Van Khai