Decree 38/2014/nd-Cp: Chemical Management In Control Of The Convention On The Prohibition Of The Development, Production, Stockpiling, Use And Destruction Of Chemical Weapons

Original Language Title: Nghị định 38/2014/NĐ-CP: Về quản lý hóa chất thuộc diện kiểm soát của Công ước Cấm phát triển, sản xuất, tàng trữ, sử dụng và phá hủy vũ khí hóa học

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THE GOVERNMENT.
Numbers: 38 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 6, 2014

DECREE

V. The management of the chemical management of the Convention of the Prohibition of Development,

production, possession, use and destruction of chemical weapons

_________________

Government Law Base December 25, 2001;

Chemical Law Base November 21, 2007;

Decision base No. 167 HĐ/CTN on August 24, 1998 of the President of the Water on ratification of the Convention on the Prohibition Of Development, Production, Possession, Use and destruction of Chemical Weapons;

At the suggestion of the Minister of Commerce,

The government issued a decree on the management of the controlled substance of the Convention banning the development, production, stockpile, use and destruction of chemical weapons.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree provides for the production of manufacturing, business, processing, consumption, storage and export, importing chemicals that are prohibited by the Convention, manufacture, stockpile, use, and destruction of chemical weapons (later known as the Convention for the Prohibition of Weapons). chemistry) controlled in the territory of the Socialist Republic of Vietnam.

What? 2. Subject applies

This decree applies to organizations, individuals with regard to manufacturing, business, processing, consumption, storage and export, importing the chemical-controlled chemicals of the Convention for the Prohibition of Chemical Weapons.

What? 3. Apply law

1. The activities related to the chemical-controlled nature of the Chemical Weapons Prohibition must follow the regulation of this decree and other provisions of the relevant law.

2. The case of this decree has not yet specified or stipulated otherwise with the Convention for the Prohibition of Chemical Weapons, which is done under the Convention of the Prohibition of Chemical Weapons.

What? 4. Explain the word

In this decree, the words below are understood as follows:

1. Chemical toxicity is any chemical through its chemical effects on the life of humans or animals that can cause death, temporary or long-term paralysis of acute or chronic poisoning, causing destruction of the environment, environment. This phrase is applied to all kinds of chemicals that have this characteristic, not to distinguish the origin, production method and production base.

2. The precursor is the chemical that is used in any part of a technological process when responding to another chemical that can form a toxic chemical and has the most decisive role in the toxicity of that toxic chemical.

3. Chemical tables are toxic chemicals and prelaws controlled by the regulation of the Chemical Weapons Prohibition Convention and are classified as Table 1 chemicals, the Table 2 chemical (including the chemical 2A*; 2A and 2B) and the Table 3 chemical in descending toxicity levels.

4. The anti-rioting is chemicals that are not a table chemical but can cause rapid irritation or affect the ability of human activity. These effects will run out after a short period of time when humans stop exposed to chemicals.

5. The other chemical is the non-chemical substance that is classified as DOC chemical and DOC-PSF chemical, in which:

a) DOC chemicals are separate organic chemicals, including all compounds containing carbon, with the exception of oxides, sulfides of it and metal carbonates;

b) DOC-PSF chemicals are separate organic chemicals that contain one of the elements such as phosphorus, sulfur or fluorine.

6. Chemical production is the creation of a chemical through chemical reactions.

7. Chemical processing is the implementation of a theoretical process such as preparation, distillation, extraction, chemical purification. After processing, chemicals are not transformed into other chemicals.

8. Chemical consumption is the conversion of a chemical into another chemical through a chemical reaction or the presence of this chemical is needed in the process of creating another chemical.

9. Chemical storage is the storage, unusable, or used chemical storage in storage, storage containers, specialized storage facilities at the chemical facility.

10. The chemical facility is the site of one or more of the activities that produce business, processing, consumption, storage, and export, importing chemicals controlled by the Convention for the Prohibition of Chemical Weapons. The chemical base is divided into the Table 1 chemical facility, Table 2 chemical, Table 3 chemical, DOC chemical facility, DOC-PSF, in which:

a) Table 1 chemical facility, Table 2 chemical, Table 3 chemical is the site of one or more production, business, processing, consumption, storage and export, Table 1 chemical import, Table 2 chemical, Table 3 chemicals;

b) DOC chemical facility, DOC-PSF is the site of the DOC chemical production operation, DOC-PSF.

11. The yield is the volume of actual products that have produced, processed, consumed, or projected to produce, processed, consumed within five of a chemical basis for a particular chemical. The yield can be equal to or exceed the production capacity, processing, consumption of the facility for that chemical.

12. The data test is the Organisation for the Prohibition of Chemical Weapons or the National Agency of Vietnam to test, review, target the number of chemical base investments, manufacturing, business, processing, consumption, brokerage, and export, importing the tables of the Table of Nations. A licensed individual, which has been granted, has been declared in an attempt to reconfirm the suitcase of the data that has declared or detected errors that must be adjusted to ensure the transparency, accuracy and honesty of the declaration.

13. The Inspector is a test at the site due to the Organization of Chemical Weapons conducted at a police-controlled chemical facility that has been declared by the National Nation to the Organisation for the Prohibition of Chemical Weapons to confirm the suitcase of the reported information and evidence. receiving compliance with the provisions of the Convention at the chemical basis, in which:

a) The original Inspector was the first suicide of the Organization for the Prohibition of Chemical Weapons on a chemical basis of any of the police.

b) The police again was a suicide after the initial inspection of a table chemical facility or DOC facility, DOC-PSF conducted by the Organization for the Prohibition of Chemical Weapons to re-examine the suitcase of the declaration by which the member state submitted to the Organization for the Prohibition of Chemical Weapons. Learning.

c) The systematic Purchasing system after the initial inspection was conducted periodically at a Table 1 chemical facility or Table 2 chemical facility in accordance with a separate agreement on that basis for the purpose of testing and reconfirming the suitcase of the declaration. The member state filed with the Organisation for the Prohibition of Chemical Weapons;

d) The sudden death inspector is a purge of a chemical facility that is located on the territory or anywhere in the jurisdiction of a member state at any time aimed at uncomplying the allegations of non-compliance with the Justice Department. Prohibition of chemical weapons at the chemical facility.

14. The base agreement is a signed agreement between the member state with the Organisation for the Prohibition of Chemical Weapons in connection with the liquing of a specific chemical facility in the police. The base agreement was drafted during the initial and often set up for the Table 1 chemical facilities, the Table 2 chemical.

15. The Organisation for the Prohibition of Chemical Weapons is organized by the Member States of the Convention for the Prohibition of Chemical Weapons established to implement the purposes and objectives of the Convention through ensuring compliance with the terms of the Convention.

16. National Member of the Convention for the Prohibition of Chemical Weapons is the country that has signed and ratified or joined the Convention for the Prohibition of Chemical Weapons and officially became a member of the Convention after the 30th day since the date of filing approval or notification of accession. Convention for Secretary General of the United Nations.

17. Vietnam National Agency for the implementation of the Convention for the Prohibition of Chemical Weapons (later known as the National Agency of Vietnam) is a joint organization established by the Prime Minister.

18. The escort team is an expert group sent by the National Agency of Vietnam to co-ordinate working with the Organization of the Prohibition of Chemical Weapons in the course of the Police Team to conduct police operations in Vietnam.

19. The copy is the authenticated or confirmed statement of the organization, the individual (for the case of filing a case through the mail line), the copy accompanying the main version to the object (for the case of direct filing), the scan from the original (for the filing case). It's an electronic file.

What? 5. The form and purpose of operation of the Table 1 chemical facility

The Table 1 chemical facility is composed of a single-scale and other basis.

1. Single-scale Base

Single-scale facilities serve for research, medical, pharmaceutical, or protection purposes. Production at a single-scale basis is carried out in non-continuous response devices. The volume of the reaction equipment does not exceed 100 litres and the total capacity of the reactive devices with a capacity of over 5 liters does not exceed 500 liters.

2. Other facilities include

a) The Table 1 chemical production facility for the purpose of protection with total output does not exceed 10 kg/year;

b) The Table 1 chemical production facility for research, medical or pharmaceutical purposes with a yield of over 100 gam/year for a chemical but total output does not exceed 10 kg/year;

c) The Laboratory for the Synthetic Synthesis of Table 1 for research, medical, pharmaceutical products with a total output of less than 100 gam/year.

What? 6. Chemical Weapons

Chemical weapons include one, two or all of the following:

1. The toxic chemicals and their prefours, except for the case being used for purposes of not being prohibited by the Convention for the Prohibition of Chemical Weapons, are prohibited by the number and strain that are suitable for those purposes.

2. The ammunition and equipment are specially designed to use the toxicity of toxic chemicals and predefined preconditions at Clause 1 This is intended to cause death or other harm.

3. Any type of equipment site specifically designed for direct use of ammunition and regulatory equipment at Clause 2 This.

What? 7. Table Chemistry Category

It is accompanied by this decree of the Table 1 chemicals, the Table 2 chemical and the Table 3 chemical. According to management requirements for each period and to conform to the Chemical Weapons Ban Convention, the Ministry of Commerce presided over, in coordination with the Department of Industry Management, the review field, the revised Government menu, the addition of Category 1 chemicals, Table 2 chemicals and chemical chemicals. Table three.

What? 8. Disbarred acts and purposes are not prohibited under the Convention for the Prohibition of Chemical Weapons

1. The banned acts

a) Development, production, possession, possession, possession, and use of chemical weapons; export, import of chemical weapons directly or indirectly to every organization, individual; participate in any military preparation activities that use chemical weapons; support, promotion, and support. or incitement every organization, individual under any form or participate in any activity that has been banned by the Convention for the prohibition of chemical weapons; using anti-riot as a means of war;

b) Manufacturing, processing, consumption, storage, business, and export, importing Table 1 chemicals, except the permitted case of a competent authority for special purposes such as research, health, pharmacy or protection; export, import, and export, and export. Table 1 with every organization, the individual of the country is not a member of the Convention for the Prohibition of Chemical Weapons; reexporting or re-importing the Table 1 chemical with every organization, the individual of the third country;

c) Manufacturing, processing, consumption, storage, business, and export, import of Table 2 chemical, except for the approved case of the state agency having jurisdiction for the purposes of not being banned by the Convention for the Prohibition of Chemical Weapons; export, import, etc. chemical Group 2 with every organization, the individual of the nation is not a member of the Convention;

d) Manufacturing, processing, consumption, storage, business, and export, import of Table 3 chemicals, except the approved case of the state agency having jurisdiction for the purposes of not being banned by the Convention for the Prohibition of Chemical Weapons; exporting the Table of the Table. 3 with every organization, the individual of the nation is not a member of the Convention for the Prohibition of Chemical Weapons without the final use of the certificate of state authority of the state authority;

The production of DOC, DOC-PSF, except for the purposes of not being banned by the Convention for the Prohibition of Chemical Weapons.

2. The purposes are not prohibited

a) Industrial development, agriculture, research, health, pharmaceutical and other peace purposes;

b) The protection is directly related to the prevention, antichemical and chemical weapons;

c) Defence activity, security is not tied to the use of chemical weapons and does not use the toxicity of chemicals as a means of war;

d) To enforce laws, including anti-violence in the country.

What? 9. Function, mission of the National Agency of Vietnam

1. Function, mission of the National Agency of Vietnam

a) Staff advising, advising the Government and the Prime Minister in the implementation of the Chemical Weapons Ban Convention;

b) Make sure that synchronized, coherent and effective coordination between the ministries, the industry and the visible body in the implementation of the Convention for the Prohibition of Chemical Weapons;

c) Following, the examination ensures compliance with the Convention for the Prohibition of Chemical Weapons;

d) A partnership between Vietnam and the Organization for the Prohibition of Chemical Weapons.

2. The Permanent Agency of the National Agency of Vietnam

The Ministry of Commerce is a representative body, often directly on behalf of the National Agency of Vietnam to address work related to the Convention on the Prohibition of Chemical Weapons.

What? 10. The responsibility of state management in the implementation of the Chemical Weapons Ban Convention

1. The unity government manages the implementation of the Convention for the Prohibition of Chemical Weapons within the country.

2. The Ministry of Industry is responsible to the Government of the State Administration on the implementation of the Chemical Weapons Ban Convention. Within the scope of the mission, its powers, the Ministry of Industry implemented the following content:

a) enacted by the authority or the Government of the Government to enact laws that violate the Law of the Prohibition of Chemical Weapons;

b) Level, suspension, revoked in accordance with the authority of the license to manufacture, manufacture, consumption, stockpile, business, and export, import chemical under the control of the Convention for the Prohibition of Chemical Weapons;

c) Management of the production, processing, consumption, storage, business, business and export, importing the chemical under the control of the Convention for the Prohibition of Chemical Weapons; implementation of the inspection, examination of these activities at the chemical facilities of the management range. Of course.

d) The declaration of propaganda, disseminisation of the Convention for the Prohibition of Chemical Weapons and Relevant Legislation is relevant;

) The host of international cooperation in the framework of the Convention for the Prohibition of Chemical Weapons.

3. The responsibility of the ministries, the sector concerned

a) The Ministry of Finance pursuant to the 06-month period and annually responsible for statistics, aggregation of export figures, export of the Department of Commerce to the Ministry of Commerce processed to carry out a national declaration with the Organisation for the Prohibition of Chemical Weapons;

b) The Ministry of Defence, the Ministry of Public Security, which carried out the inspection, examined activities related to the Convention for the Prohibition of Chemical Weapons in Units of the Armed Forces; in coordination with the Ministry of Commerce in organizing the implementation of the Convention for the Prohibition of Chemical Weapons;

c) The Ministry of Health manages the use of Table 1 chemical at medical or pharmaceutical research facilities, which is responsible for the synthesis of the management situation using the Table 1 chemical use of the Ministry of Commerce for the implementation of the national declaration with the Organisation for the Prohibition of Chemical Weapons;

d) The foreign ministry in coordination with the Ministry of Commerce, the Ministry of Public Security in implementing Vietnam ' s commitments on the implementation of the Convention for the Prohibition of Chemical Weapons and International cooperation under the provisions of the Convention; is responsible for issuing multiple entry visa or temporary cards. There was a period of up to 2 years for the police officer and the assistant police officer of the Organisation for the Prohibition of Chemical Weapons, and informed the Organization for the Prohibition of Chemical Weapons List of inspectors and police assistants that Vietnam had issued visas.

What? 11. Inspector, check.

1. The National Agency of Vietnam is responsible for coordinating with ministries, industry and related agencies that carry out the inspection, examining activities related to chemicals controlled by the Convention of the Prohibition of Chemical Weapons.

2. Inspector, check out the implementation of the current regulation of the law. Inspector, check-out-based mutation based on the following bases:

a) Through its management work, the agency has the authority to detect the information, documents that have a sign of violating the provisions of the Convention for the Prohibition of Chemical Weapons, the regulation of this decree and the regulation of the relevant law;

b) There is a report, a sense of violation activities;

c) At the request of the Vietnam National Agency or of the Organisation for the Prohibition of Chemical Weapons.

What? 12. Information Security

1. All members of the National Agency of Vietnam are responsible for the protection of classified information while the implementation of the mission under the provisions of the Convention for the Prohibition of Chemical Weapons and the regulation of state secret protection.

2. Vietnam National Agency for the exchange, providing information, documents, state secrets to the Organization for the Prohibition of Chemical Weapons must comply with the rule of law on the protection of state secrets in relations, contact with the organization, foreign individuals.

3. The security information of the chemical facilities is only exchanged, disclosed to those responsible for the implementation of the Convention for the Prohibition of Chemical Weapons and in the case of an emergency with regard to community safety.

What? 13. The announcement changes the name of the anti-riot chemical

1. The case of chemical change used as a riot agent then the state agency involved the management, using the anti-riot substance to inform the Vietnamese National Agency for the chemical being replaced, including: The name of the chemical name (the name follows). IUPAC, commercial name or common name); the chemical formula and CAS number. The announcement must be sent to the National Agency of Vietnam before 30 days, since the official chemical day is used as a riot.

2. Vietnam National Agency has a responsibility to inform the Organisation for the Prohibition of Chemical Weapons in Article 1 of this Article.

What? 14. Annual announcement of the defense program, voluntary contribution.

The National Agency of Vietnam is responsible for coordinating with relevant state agencies in the annual report on the Vietnamese defense program and voluntary contributions to the Government of the Government of the Government to approve, inform the Organization of the Prohibition of Chemical Weapons. Yeah.

Chapter II

CHEMICAL UNDER THE CONTROL OF THE TREATY BANNING CHEMICAL WEAPONS

Item 1

TABLE 1 CHEMICAL, TABLE 2, CHEMICAL TABLES 3

What? 15. Conditions of the production of Table 1

1. Organization, individuals are not allowed to produce Table 1 chemicals, except for special circumstances to serve the purpose of scientific research, defense, security, prevention, prevention, and the production of Table 1 chemicals must meet the following conditions:

a) There is a Business Registration Certificate or Investment Certificate or Business Registration Certificate, which has a career in chemistry due to the authority of the authority;

b) There is a written commitment to the production of Table 1, which does not violate the specified content at the point b 1 Article 8 This decree;

c) Location, area, workshop, machinery, equipment, process of technology and storage suitable for the production of Table 1 chemicals at quality standards;

d) There is a testing, analysis or agreement with a designated or recognized testing organization and has registered the field of testing activities under the regulation of the law on the quality of the product, goods for quality management;

There is a waste disposal system that processes the standard of waste to the standard, the national technical regulation of the environment;

e) There is a means of transporting chemicals from the manufacturing facility to where the delivery is consistent with the type of chemicals that the facility produces. In the absence of transport, there must be a contract with sufficient capacity to carry out the transport of chemicals;

g) There are sufficient room conditions, anti-explosive, environmental protection, safety and sanitation under the regulation of the relevant law;

h) The Director or Deputy Technical Director of the Table 1 chemical production facility must have a degree from the university that goes back to the chemical specialization. The management team, engineering, runs the Table for the Table to have a specialized level of chemistry;

i) Direct workers exposed to the chemistry of the Table 1 chemical facility must be trained, trained in chemical safety.

2. Organization, the individual who produces the Table 1 chemical that meets the stipulation conditions at Clause 1 This will be allowed by the Prime Minister.

3. Case, procedure, time allows for the production of the Table 1 chemical according to regulation at Article 17 of this decree.

4. The Minister of Industry guidelines for the implementation of the conditions of the chemical production of Table 1 at point c, d, e, e, g, h, i Clause 1 This.

What? 16. Chemical production condition Table 2, chemical Table 3

1. Organization, individuals who produce Table 2 chemicals, the Table 3 chemical must meet the following conditions:

a) There is a Business Registration Certificate or Investment Certificate or Business Registration Certificate, which has a career in chemistry due to the authority of the authority;

b) There is a text that is committed to producing the Table 2 chemical, the Table 3 chemical does not violate the specified content at Point c, d 1 Article 8 This Protocol;

c) Responding to the basis of the material basis-the regulation technique at Point c, d, e, e, g Article 1 Article 15 This decree;

d) A request for the manpower specified at the point h, a Article 15 of this decree.

2. Organization, individuals who produce the Table 2 chemical, chemical Table 3 which meets the stipulation conditions at Clause 1 This will be licensed by the Ministry of Commerce.

3. Records, procedure, time of licensing of Table 2 chemical production, Chemical Table 3 is currently prescribed at Article 17 of this decree.

What? 17. Profile, procedure, licensing time the production of Table 1, chemical Table 2, Chemical 3

1. File

a) The application to grant the organization's production license, the individual according to the prescribed pattern;

b) A copy of the Business Registration Certificate or Investment Certificate or Business Registration Certificate;

c) The commitment to produce the Table 1 chemical, chemical Table 2, the Tablet of Table 3 pursues at Point B 1 Article 15; Points b 1 Article 16 This Protocol;

d) Papers, documents that meet regulatory conditions at Point c, d, e, e, g, h, i Clause 1 Article 15 This decree.

2. License-grade procedure

a) Organization, individuals who produce the Table 1 chemical, the Table 2 chemical, the Tablet of Table 3, 1 (one) the file sent the Ministry of Commerce via post or direct mail;

b) In the time of not over 03 (three) working days, since the date of receiving the file, the Ministry of Commerce must inform the organization, the individual of the full and valid calculation of the profile and the requirements of the organization, the individual to complete the case once. The specified time and time of the filing are not calculated at the time of the specified production license at Clause 3 This.

3. License Level Time

a) The time of granting the license to produce Table 1 is no more than 10 (ten) of working days, since the date of receipt of valid records. The Ministry of Trade is responsible for consideration, appraisal and the Prime Minister's permission. In the absence of permission, the Prime Minister authorized the Ministry of Commerce to have the written answer and specify the reason;

b) The time of licensing of the Table 2 chemical production license, the Table 3 chemical is no more than 10 (ten) days, since the date of receiving a valid record, the Ministry of Trade is responsible for the appraisal of records and issued licenses, the case does not issue a license, the Ministry of Commerce must have a written text Answer and specify why.

4. Content of the Production Paper

a) Name, address of the headquarters of the table chemicals production facility;

b) Location of production;

c) Information on the chemical (chemical name; CAS number; chemical formula; content, concentration);

d) The purpose of production;

The obligation of the facility is granted a license.

5. Level, adjust the Production License

a) The license is issued in case of loss, error or failure;

b) The license is adjusted in the case: Changes in business registration, location, operating conditions or information related to the organization, individual registrants; changes in production capacity, on the chemical production;

c) The proposed record-level proposition, which regulates the Production License, include: The application to grant or modify the Production License (specify a reason) under the specified template; paper, document proof document changes (applicable to the case of license adjustments); Paper. the production (except the case of a lost or lost license);

d) In the time of 07 (seven) working days, since the date of receiving eligible valid records at this point c, the authorities have the authority to license the case and grant or adjust the Production License to the organization, the individual qualified according to the report. The pattern. In the absence of a licensed authority, the authorities have the authority to have the text to answer and specify the reason.

6. The Minister of Labor specifically regulates the application form, the license template, the license template, or corrections, papers, documents that meet the conditions of the chemical production of Table 1, the Table 2 chemical, the Tablet of Table 3 regulations at this.

What? 18. Production of production, business, processing, consumption, Table 1 chemical possession, Table 2 chemical, Table 3 chemical

1. Opening of production, business, processing, consumption, possession of Table 1 chemicals

Organization, individual manufacturing, business, processing, consumption, department of table 1 chemicals must make a declaration with the Ministry of Commerce according to the prescribed pattern. The specific declaration time is as follows:

a) Slow down 210 days before the base goes into operation, organization, individuals submit initial initial reporting on the basis of Table 1 chemical;

b) Before 28 February annually, the organization, the individual filed a report on the activities available in the previous year at the Table 1 chemical facility;

c) Prior to August 31 annually, the organization, the individual filed a report on expected activities over the next year of the Table 1 chemical facility;

d) Slow down 210 days before the implementation of the addition, adjustment or change of operation at the Table 1 chemical facility existing, the organization, the individual submitted the report.

2. Opening of production, business, processing, consumption, possession of Table 2 chemical, chemical Table 3

Organization, individual manufacturing, business, processing, consumption, possession of Table 2 chemicals, chemical Table 3 must declare to the Ministry of Commerce in accordance with the prescribed pattern when the basis has the following or beyond the following threshold:

a) Production, processing, consumption, chemical storage of Table 2, chemical Table 3: 01 kg/year for a chemical 2A*; 100 kg/year for a chemical 2A; 01 metric tons/year for a chemical 2B; from 30 tonnes per year to the chemical Table 3;

b) Table 2 chemical business, chemical Table 3: The concentration of 1% or more for Table 2A * and 2A; concentrations from 30% return to Table 2B chemicals; concentrations from 30% return to Table 3 chemistry.

3. The time of filing for the Ministry of Commerce for the Department of Commerce for organizations, individuals producing, business, processing, consumption, Table 2 chemical possession, chemical Table 3,

a) At least 60 days for the Table 2 chemical and 30 days for the Table 3 chemical before the base goes into operation;

b) Before 28 February annually, the organization, the individual must submit a report on the activities that were present in the previous year;

c) Before 30 September of every year, the organization, the individual must submit a report on expected activities over the next year;

d) Slow down 30 days before the implementation of the addition, adjustment or change of activity at the existing chemical facility, the organization, the individual must submit additional reporting.

4. The Minister of Industry specifically regulates production, business, processing, consumption, chemical possession of Table 1, chemical Table 2, chemicals Table 3 at this.

What? 19. Export, import of Table 1 chemical, Table 2 chemical, Table 3 chemical

1. Required for organization, personal export, import and export

a) There is a Business Registration Certificate or Investment Certificate or Business Registration Certificate, which has a career in chemistry due to the authority of the authority;

b) Be authorized by the Prime Minister to export or import Table 1 chemicals;

c) Be exported by the Ministry of Commerce to export or license to enter Table 2 chemical, chemical Table 3.

2. File recommended Level

a) The work of a prescribed license under the prescribed pattern;

b) A copy of the Business Registration Certificate or Investment Certificate or Business Registration Certificate, which has a career in chemistry due to the authority of the competent authority;

c) Contract or agreement to purchase the sale of Table 1, chemical Table 2, chemical Table 3 with organizations that are members of the Organisation for the Prohibition of Chemical Weapons.

3. License-grade procedure

a) Organization, individual export, import of Table 1 chemical, chemical Table 2, chemical Table 3 set 1 (a) the case of the Ministry of Commerce via post or direct mail;

b) In the time of not over 03 (three) working days, since the date of receiving the file, the Ministry of Commerce must inform the organization, the individual of the full and valid calculation of the profile and the requirements of the organization, the individual to complete the case once. The time of the notice and time of the profile complete is not calculated at the time of the export license level or the import permit specified at Point a, b Article 4 This.

4. License grade time

a) The time of issuing the export license, importing the Table 1 chemical 1 no more than 10 (ten) of working days, since the date of a valid filing, the Ministry of Trade is responsible for review and the Prime Minister's permission. In the absence of permission, the Prime Minister authorized the Ministry of Commerce to have the written answer and specify the reason;

b) The time of issuing the export license, importing Table 2 chemicals, the Tablet of Table 3 is no more than 7 (seven) working days, since the date of the receipt of valid records, the Ministry of Commerce is responsible for the appraisal of records and issuing licenses. In the absence of a license, the Ministry of Commerce must have a written answer and specify a reason;

c) The export case, import of the Table 1 chemical, Table 2, chemical Table 3 for specialized purposes (health, pharmaceutical, agricultural, protection), when required by the Ministry of State Administration's written opinion of the Ministry of State Department of Professional Affairs prior to Excuse me. The time of the opinion is not calculated at the time of the specified licensing period at Point a, b This paragraph.

5. Content of the License

a) Name, address, headquarters of the table chemicals facility;

b) Information on the chemical (chemical name; CAS number; code number HS; chemical formula; content, concentration);

c) Volume of export, import;

d) export purposes, import;

Exporting water, imported;

e) The name of the porter, the entry door;

g) The deadline for export, import;

) The obligation of the facility is licensed.

6. export permits, import of Table 1, chemical Table 2, chemical Table 3 only issued once for a contract for a maximum period of 12 months and is not renewed. The licensed license was not transferred to the organization, the other individual.

7. Organization, individuals who have been granted the Table 1 Chemical Import License, Table 2 chemical, Table 3 chemicals do not have to carry out regulations on the Certificate of Confirmation Chemical Declaration under the Chemical Catalogue of Chemical Catalogue. The instructions for the execution of the law.

8. Organization, individuals allowed to export, enter Table 1 chemical, chemical Table 2, chemical Table 3 must submit to the Ministry of Trade of the following documents to make the procedure a notice to the Organisation for the Prohibition of Chemical Weapons:

a) Chemical Table 1: Slow 45 days before the implementation of the export or import, file a notice of export or import of Table 1 chemicals; before January 31, annually, file a report on exports, imports and distribution in the country to each of the countries. chemical Tablet 1 in the prior year according to the prescribed pattern;

b) Chemical Sheet 2: Prior to February 28 annually, the report included a mixture containing the chemical mixture 2A * and 2A had a concentration of 1% or more, and the 2B chemical had a concentration of 30% or more according to the prescribed pattern;

c) Chemical Tablet 3: Prior to February 28 annually, the report included a mixture of Table 3 chemicals with concentrations ranging from 30% or more under the prescribed pattern.

9. The case of the export of Table 3 chemicals made with the organization or individual of the country is not a member state of the Convention for the Prohibition of Chemical Weapons, which must have the final use of the certificate authority of the country. The final use certificate is attached to the export license application file.

10. When requested, the organization, the individual with export activity, import Table 1 chemical, Table 2 chemical, the Table 3 chemical must accept the examination of export figures, imported by the Organisation for the Prohibition of Chemical Weapons or the Ministry of Trade in coordination with the Agency. Vietnam War.

11. The Minister of Public Trade specifically regulates the licensing of the licensing statement; the license to export the export of the table chemical, the notification pattern, the table of the Table 1 chemical, the Table 2 chemical, the Tablet of Table 3 rules at this.

Item 2

MANUFACTURING, DOC CHEMICAL EXTRACTION, DOC-PSF

What? 20. Production of DOC, DOC-PSF

1. Conditions of production of DOC, DOC-PSF

a) There is a Business Registration Certificate or Investment Certificate or Business Registration Certificate, which has a career in chemistry due to the authority of the authority;

b) There is a text that is committed to the production of DOC, DOC-PSF does not infraction the specified content at the Point 1 clause 8 clause;

c) Responding to the basis of the material basis-the regulation technique at Point c, d, e, e, g Article 1 Article 15 This decree;

d) A request for the manpower specified at the point h, a Article 15 of this decree.

2. Organization, individuals who produce DOC chemicals, DOC-PSF meets regulatory conditions at Clause 1 This is licensed by the Ministry of Commerce.

3. Case, procedure, license time implementation as specified for the Table 2 chemical, chemical Table 3 at Article 17 This Decree.

What? 21. Opening up DOC chemical facility, DOC-PSF

1. Organization, individuals with the production of DOC chemical production from 200 tons per year or more and with the yield of DOC-PSF chemicals from 30 tonnes per year or up must submit to the Ministry of Trade of the following documents:

a) The delay is 30 days before the facility enters the initial initial declaration of the DOC chemical facility, DOC-PSF according to the prescribed form;

b) Before 28 January annually filed a report on the activities available in the previous year at the DOC chemical facility, DOC-PSF according to the prescribed form;

c) Slow down 30 days before the implementation of the addition, adjustment or change of production at the DOC chemical facility, DOC-PSF now has additional reporting on the DOC chemical facility, DOC-PSF according to the prescribed form.

2. Secretary of State Department of Commerce specifically to declare a DOC chemical facility, DOC-PSF.

Chapter III

CHEMICAL BASE INSPECTOR

What? 22.

1. The Table 1 chemical facilities are the original and systematic purge of the Organization for the Prohibition of Chemical Weapons under a corresponding basis agreement.

2. The Table 2 chemical facilities are the original and systematic purge of the Organization for the Prohibition of Chemical Weapons if the product is equal or above the following threshold:

a) 10 kg/year for a 2A* chemical;

b) 01 metric tons/year for a chemical 2A;

c) 10 tons per year for a 2B chemical.

3. The Table 3 chemical facilities that have output from 200 tonnes per year or more are the original and liquoralised object of the Organisation for the Prohibition of Chemical Weapons.

4. The DOC chemical production facilities, DOC-PSF has a production of over 200 metric tons per year as the original police officer and the rebar of the Organisation for the Prohibition of Chemical Weapons.

5. The Organization for the Prohibition of Chemical Weapons can conduct a sudden death penalty at any of the Table 1 chemical facility, Table 2 chemical, Table 3 chemical and DOC chemical facility, DOC-PSF when there are allegations of violations of the Convention on the Prohibition of Chemical Weapons.

What? 23. The responsibility of the police facility

1. Accept full of regulations on the Inspector of the Chemical Weapons Prohibition; comply with the guidance of the escort team during the process of conducting a police officer at the facility; cooperate and facilitate the Inspection Team of the Organisation for the Prohibition of Chemical Weapons completed. No, no, no, no, no, no.

2. The layout of the work room, the locked document cabinet, the fixed phone that connects the international network, the fax machine, and the documentation for the Police Team.

3. The cadet layout has jurisdiction and am understanding of the activities of the Table chemical facility such as: Management, technology engineering, business, finance, environment, safety of labor to work with the Police Team.

4. Prepare for full of files, documents, diagoners, drawings, books that are needed to work with the Police Team.

5. Help Team Team to sample when requested.

6. The expenses used by the Secretariat of the Organization for the Prohibition of Chemical Weapons are reimbursable to the facility when the facility is required.

What? 24. Request for inspectors

1. For Table 1 chemical basis

a) Check out activities at the required basis at the VI-Appendix Test Exhibit of the Convention for the Prohibition of Chemical Weapons;

b) Check out the implementation of the table 1 chemical declaration;

c) Assessment of the risk of the risk of chemical activities at the facility.

2. For Table 2 chemical

a) Check out activities at the required basis at section VII-Annex of the Convention for the Prohibition of Chemical Weapons;

b) Check out the implementation of the Table 2 chemical declaration;

c) Assessment of the risk of the risk of chemical activities at the facility.

3. For Chemical Table 3 and DOC, DOC-PSF

a) Check out activities at the required basis in section VIII-Annex of the Examination Office of the Convention for the Prohibition of Chemical Weapons;

b) Check out the Table Chemchemicals produced at the basis at the request in section IX-Annex examination of the Convention for the Prohibition of Chemical Weapons.

What? 25. Continue and work with the Inspector Team of the Organisation for the Prohibition of Chemical Weapons

The National Agency of Vietnam is responsible:

1. Take over and work with the Ombudship of the Organisation for the Prohibition of Chemical Weapons; exercise the right to check in accordance with Clause 29 Section II-Annex of the Convention for the Prohibition of Chemical Weapons to ensure the suitcase of the equipment carried by the Police Team into Vietnam.

2. Create a condition for the Police Team to complete the task in accordance with the order of the Order of the Organization for the Prohibition of Chemical Weapons.

3. Coordinate with the police facility to implement all facility protection, information, and data not related to the purpose and content of the officer.

4. For chemical facilities Table 1, chemical Table 2: During the initial execution of the purge, the National Agency of Vietnam jointly represented the organization of the organization to negotiate with the Police Team to unify the contents of the base agreement in which the regulation of the government was held. details for the systematic inspection of the system at the facility since the initial inspection.

What? 26.

1. For Table 1 chemical basis

a) Time to announce the decision to kill less than 24 hours before arriving at the entry point;

b) The timing of the lark at the facility depends on the risk of risk to the goals and purposes of the Convention.

2. For Table 2 chemical facility

a) The timing of the notice of the decision is not less than 48 hours before arriving at the site.

b) The timing of the lark at the facility is 96 hours, which can be extended on the basis of a specific agreement.

3. For Table 3 chemical facility, DOC chemical, DOC-PSF

a) Time to announce the decision to commit suicide not less than 120 hours before arriving at the site of being killed;

b) The timing of the lark at the facility is 24 hours, which can be extended on the basis of a specific agreement.

What? 27.

1. Method of Purging

a) The direct examination of the production equipment, the control room, the laboratory, the raw materials storage and the waste disposal area;

b) Check records, documents;

c) Discussion and interviews;

d) Take samples and analyze if necessary.

2.

a) Listing to the basis of the introduction of the facility, including the contents: The operation of the facility; the plant's side diagram, the workshop is the object of the officer; the chemical reaction; the process of technology; the material balance, the material of the production; the waste disposal; Environmental protection, health security and health protection;

b) Visit the categories located within the base range;

c) Unified planning and content of the police;

d) Check out the production area; check the records of raw materials, products and production; inventory testing, waste disposal areas, storage areas for chemicals that do not achieve technical criticism; in laboratory examination (if any); examination the document.

Document testing includes categories: technology process documentation (technology process schema, capacity, company map, factory map); factory operating logs, batch records; quality audit records, including analysis figures; records of warehouse records. and transportation (both inside and outside); the health, safety and environmental assurance materials, including the Chemical Safety Vote (MSDS) of the chemicals, standard operating procedures (SOP), the facility's own safety regulation, the regulation of exposure limits. with the chemicals that are in the facility, the dangerous warning may have;

Within 24 hours of the end of the inspection, the Police Team and the representatives of the National Agency and the National Agency of Vietnam reviewed the initial results of the original suicide by the Team of Police and clarified the suspected content (if any). The initial results were shown in the preliminary Report on the Inspection signed between the representatives of the National Agency and the National Agency of Vietnam with the Captain Team of the Police.

3. For the Table 1 chemical basis, Table 2 chemical

a) During the time of the initial execution, negotiations between the National Guard and the National Agency of Vietnam were agreed on the draft agreement regarding the inspection at the facilities to the Organization for the Order of the Prohibition of Chemical Weapons and the United States. The Vietnamese government signed;

b) The purge of the Table 1 chemical facility, the Table 2 chemical performs as a police officer for the Table 3 chemical facility and the DOC chemical facility, DOC-PSF rules at point b 13 Article 4 This Protocol.

4. Breakthrough.

a) A sudden attempt to clarify the charges of a member state on violations of the Convention of the Convention at a chemical facility under the control of another member state;

b) The time of announcing the decision to commit a sudden death: No less than 12 hours before entering the entry point. The duration of the inspection at the facility is no more than 84 hours, unless it is extended according to the agreement with the national police.

What? 28. Preference and immunity

1. During the execution of the Vietnamese government, members of the Team of the Police were entitled to preferable diplomatic immunity and immunity under the Convention on the United Nations Convention on Preferable Privileges and Immunity in 1946.

2. The specimen, the device in the category of equipment assigned by members of the National Convention for the Prohibition of Chemical Weapons approved by the Police Team in Vietnam to carry out a police mission is exempt from reporting and inspection of customs; exempt from import tax. Export, export.

Chapter IV

EXECUTION CLAUSE

What? 29. The transition rule

In round 01 (one) the year since the date of this Decree, the organization, the individual is producing, business, processing, consumption, storage, export, import of Table 1 chemicals, Table 2 chemicals, Table 3 chemicals and DOC chemical production, DOC-PSF if you have not yet met the specified conditions at this decree must add sufficient conditions. In the event of an organization, the individual is not eligible to suspend operations until sufficient conditions are met.

What? 30.

This decree has been in effect since 1 July 2014. This decree replaces the digital decree. 100 /2005/NĐ-CP August 3, 2005, the Government on the implementation of the Convention prohibits the development, production, storage, use and destruction of chemical weapons.

What? 31. The organization performs

1. The Minister of Public Works specifically and guidelines for the implementation of the terms assigned in this decree.

The Ministry of Finance is in coordination with the Ministry of Commerce in the construction to enact authorisation or the granting of the authority to issue customs and customs guidelines related to the export, import of Table chemicals by the provisions of the Convention of the Prohibition. chemical weapons.

The Minister, the Head of the Council, the Head of Government of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung