DECREE On the implementation of the Convention on 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, DECREES: 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 and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes; 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 of 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 subject to the Convention and classified into Schedules 1, 2 or 3 according to its 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 compounds 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 a chemical means its formation through chemical reaction. 8. Processing of a chemical means a physical process, such as 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 chemicals 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 5 liters must not exceed 500 liters. - Other facilities mean 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 chemicals 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 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 facility 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 30th 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 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 use chemical weapons; d/ Supporting, encouraging or inducing, in any way, any organizations or individuals to engage in any 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 chemicals with any organizations 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 end-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 CHEMICALS 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 provisions of Point a, Clause 12 of 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 chemicals according to the provisions of law on labor and environment; - 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; - Having obtained permission of the Prime Minister. Enterprises that wish to invest in Schedule 1 chemical facilities must send 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 detailed 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 210 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.- Provisions 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 of 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 of 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; if extension is needed, an application therefor 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. PROVISIONS ON SCHEDULE 2 AND SCHEDULE 3 CHEMICALS Article 6.- Provisions on investment in Schedule 2 chemical facilities, Schedule 3 chemical facilities 1. Lawfully established enterprises that have chemical business registration certificates

Decree 100/2005/NĐ-CP