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On 9 May 2023 the Vietnam Ministry of Industry and Trade (MoIT) proposed a replacement regulation on managing toxic and precursor chemicals defined as chemical weapons.
The (Draft) Government Decree on the Regulations and Guidelines for the Implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons No. … 2023/ND-CP (2023 Draft CWC Decree) and other supporting documents are available for public comment until 12 July 2023.
3E Review
The 2023 Draft CWC Decree, once adopted, will replace Government Decree No. 38/2014/ND-CP on the Management of Chemicals Subject to Control of the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and Their Destruction, dated 6 May 2014 (Decree No. 38/2014/ND-CP). This decree is Vietnam’s national implementation of the Chemical Weapons Convention (CWC). Currently, scheduled chemicals are prohibited from various activities except when intended for purposes not prohibited under the CWC. A license from the MoIT is required when permission is granted.
Proposed New Government Decree on Chemical Weapons
The proposed action includes the 2023 Draft CWC Decree and other supporting documents, such as the draft regulatory assessment report of Decree No. 38/2014/ND-CP’s enforcement. Compared to Decree No. 38/2014/ND-CP, the 2023 Draft CWC Decree focuses on the following changes.
Definition of Chemical Weapons
Scheduled chemicals are toxic chemicals and precursors subject to control and criteria of the CWC and are classified into Schedule 1, 2, and 3. Scheduled chemicals, found in the appendix of the 2023 Draft CWC Decree, include substances and mixtures containing listed substances.
Alignment of Control of Chemical Weapons With Existing Chemicals Management Scheme
To ensure better alignment with other Vietnamese chemical regulations, the revised Chapter II of the 2023 Draft CWC Decree incorporates the requirements for producing and trading industrial chemicals or chemical weapons. Among other requirements, companies producing and trading chemical weapons must comply with the following safety requirements:
- Chemical classification, labeling, and safety data sheets
- Chemical incident prevention and emergency plans and response
- Chemical declaration
- On-site audit and inspection
- Transportation and storage
Simplification of Chemical Weapons Import and Export Administrative Procedure
The 2023 Draft CWC Decree intends to simplify administrative procedures by taking the following steps:
- Updating import permit procedures by removing the custom notification for chemical weapons. An application for an import and export permit for chemical weapon substances must be conducted via Vietnam's National Single Window portal.
- Stipulating the conditions and exemptions for granting licenses for producing and trading chemical weapons. This includes procedures related to the licensing of facilities using organic chemicals.
- Aligning with the CWC on the 1% threshold concentration for licensing exemption of mixtures containing listed Schedule 2 and 3 chemicals.
The Chemical Department under the MoIT is responsible for granting the manufacture and trade licensing of scheduled chemical weapons.
3E Analysis
The plan to finalize this regulation has been delayed from the original plan (October 2022). Companies involved in the use of chemical substances under the CWC in Vietnam should be aware of the possible upcoming changes. In addition, if used for various purposes, certain scheduled chemicals can be subject to the control of Decree 38/2014/ND-CP and other chemical control legislation. To ensure full compliance, companies should consult the schedules of chemical weapons and the requirements concerning the restricted and prohibited chemicals specified in the following regulations:
- Law on Chemicals No. 06/2007/QH12
- Government Decree No. 113/2017/ND-CP on Specifying and Providing Guidelines for the Implementation of Specific Articles of Law on Chemicals
For a copy of the source document (PDF in Vietnamese), please contact us at Support@3eco.com.
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