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Management of exported and imported chemicals controlled under the Convention on the Prohibition of Chemical Weapons
17/11/2022

Prime Minister Nguyen Tan Dung has just signed and promulgated Decree No. 38/2014/ND-CP dated May 6, 2014 on the management of chemicals under the control of the Convention prohibiting the development, production, storage and use of chemicals. use and destroy chemical weapons.

Accordingly, it is prohibited to export and import chemical weapons directly or indirectly to all organizations and individuals. It is prohibited to export or import Schedule 1 chemicals, unless permitted by competent authorities for those special purposes such as research, medical, pharmaceutical or protective; export and import of Schedule 1 chemicals to all organizations and individuals of a country that is not a member of the Convention on the Prohibition of Chemical Weapons; re-export or re-import Schedule 1 chemicals with all third-country organizations and individuals; Prohibit the export and import of Schedule 2 chemicals, unless approved by a competent state agency for purposes not prohibited by the Convention on the Prohibition of Chemical Weapons; export and import of Schedule 2 chemicals to all organizations and individuals of a country that is not a member of the Convention; Prohibit the export and import of Schedule 3 chemicals, unless approved by a competent state agency for purposes not prohibited by the Convention on the Prohibition of Chemical Weapons; export Schedule 3 chemicals to any organization or individual of a country that is not a member of the Chemical Weapons Convention without an end-use certificate from the competent state agency of this country .

Requirements for exporting and importing organizations and individuals; application file for a license; licensing procedures; license issuance time; The contents of the License are specified in detail and strictly in the Decree. With Table 1 chemicals, exporting or importing organizations and individuals must obtain permission to export or import from the Prime Minister. With chemicals in Schedule 2 and chemicals in Table 3, exporting and importing organizations and individuals are granted an export license or an import license by the Ministry of Industry and Trade.

The license to export and import Schedule 1 chemicals, Schedule 2 chemicals, and Schedule 3 chemicals is only granted once for a contract for a maximum period of 12 months and cannot be renewed. The granted license is not transferable to other organizations or individuals.

Organizations and individuals that have been granted import permits for Schedule 1 chemicals, Schedule 2 chemicals, and Schedule 3 chemicals are not required to comply with regulations on issuance of Certificates of declaration of chemicals on the List of chemicals subject to declaration. according to the provisions of the Law on Chemicals and guiding documents of the law.

Upon request, organizations and individuals that export and import Schedule 1, Schedule 2 and Schedule 3 chemicals must comply with the verification of import and export data issued by the Organization for the Prohibition of Arms. chemical gas or the Ministry of Industry and Trade in coordination with the Vietnamese National Agency to conduct.

Specimens and equipment on the list of equipment approved by the conference of member states of the Convention on the Prohibition of Chemical Weapons and brought into Vietnam by the Inspection Team to perform inspection tasks are exempt from declaration and inspection. customs; exempt from import and export tax.

Within 01 (one) year from the effective date of this Decree, organizations and individuals are producing, trading, processing, consuming, storing, exporting and importing Schedule 1 chemicals. , Schedule 2 chemicals, Schedule 3 chemicals and manufacture of DOC and DOC-PSF chemicals, if the conditions specified in this Decree are not fully satisfied, they must be supplemented with conditions. In case an organization or individual fails to supplement the conditions, it must suspend its operation until the conditions are fully satisfied.

 

Canary.
Source: http://www.customs.gov.vn