Decree 33/2024/ND-CP stipulating how to implement the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons.
Scope of Decree No. 33/2024/ND-CP?
On March 27, 2024, the Government of Vietnam issued Decree No. 33/2024/ND-CPhttps://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Nghi-dinh-33-2024-ND-CP-thuc-hien-Cong-uoc-Cam-phat-trien-san-xuat-vu-khi-hoa-hoc-604361.aspx, providing for the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons as follows:
According to Article 1 of Decree No. 33/2024/ND-CPhttps://thuvienphapluat.vn/van-ban/The-thao-Y-te/Nghi-dinh-31-2024-ND-CP-sua-doi-Nghi-dinh-01-2012-ND-CP-61-2016-ND-CP-va-36-2019-ND-CP-602450.aspx?anchor=dieu_1, it is stipulated as follows:
Scope of Adjustment
This Decree provides for the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons (hereinafter referred to as the "Chemical Weapons Convention") in the territory of the Socialist Republic of Vietnam, including:
1. General provisions on the implementation of the Chemical Weapons Convention.
2. Production, business, export, import, processing, use, and storage of Scheduled chemicals; production of Discrete Organic Chemicals (DOCs) and DOC-PSF.
3. Reporting of Scheduled chemicals, DOCs, DOC-PSF.
4. Provisions on inspection and verification.
5. State management of Scheduled chemicals, DOCs, DOC-PSF.
Furthermore, Article 4 of Decree No. 33/2024/ND-CP also clarifies this scope of adjustment as follows:
Terminology
In this Decree, the terms are understood as follows:
1. Chemical weapons, as defined by the Chemical Weapons Convention, include the following types, either individually or in combination:
a) Toxic chemicals and their precursors, except when they are intended for purposes not prohibited by the Chemical Weapons Convention, in quantities and types consistent with such purposes;
b) Munitions and devices designed specifically to cause death or other harm through the toxicity of the toxic chemicals specified in subparagraph (a) of this clause. The toxicity of the chemicals may arise when munitions and/or devices are used;
c) Any equipment specifically designed for use directly in connection with the employment of munitions and/or devices specified in subparagraph (b) of this clause.
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4. Scheduled chemicals are toxic chemicals and precursors controlled according to the provisions of the Chemical Weapons Convention and are classified into Schedules 1, 2, and 3 according to the criteria provided in the Annex on Chemicals of the Chemical Weapons Convention. Scheduled chemicals include listed substances and mixtures containing listed substances.
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6. Discrete Organic Chemicals (DOC) are defined by the Chemical Weapons Convention as all compounds containing carbon, except for its oxides, sulfides, and metal carbonates, distinguished by name, structural formula (if applicable) or Chemical Abstracts Service (CAS) registration number (if applicable). DOC-PSF is defined by the Chemical Weapons Convention as a discrete organic chemical containing one or more elements such as phosphorus, sulfur, or fluorine.
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17. International inspection is defined by the Chemical Weapons Convention as an on-site check conducted by the Convention Organization at a chemical facility subject to inspection that has been reported by the Member State to the Convention Organization, to verify the conformity of the information reported and certify compliance with the provisions of the Chemical Weapons Convention at the facility.
a) Initial inspection is the first inspection by the Convention Organization of any chemical facility subject to inspection;
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Thus, Decree No. 33/2024/ND-CP regulates the following:
- Implementation of the Chemical Weapons Convention (toxic chemicals and their precursors, munitions, and devices specifically designed to cause death or other harm, and any equipment specifically designed for use with such munitions and/or devices);
- Production, business, export, import, processing, use, storage, reporting, and state management of toxic chemicals and precursors controlled under the Chemical Weapons Convention, Discrete Organic Chemicals, and such chemicals containing elements such as phosphorus, sulfur, or fluorine.
- Provisions on inspection and verification.
What does Decree No. 33/2024/ND-CP stipulate on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons?
When will Decree No. 33/2024/ND-CP take effect?
According to Article 40 of Decree No. 33/2024/ND-CP:
Effectiveness
1. This Decree takes effect from May 19, 2024.
2. This Decree replaces the following legal documents; points, clauses, and articles of the following legal documents:
a) Decree No. 38/2014/ND-CP of May 6, 2014, of the Government of Vietnam on managing chemicals subject to the control of the Convention on the Prohibition of the Development, Production, Stockpiling, Use, and Destruction of Chemical Weapons;
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Thus, Decree No. 33/2024/ND-CP will take effect from May 19, 2024.
Do licenses for the import and export of Scheduled chemicals issued before May 19, 2024, need to be reissued?
According to Article 38 of Decree No. 33/2024/ND-CPhttps://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Nghi-dinh-33-2024-ND-CP-thuc-hien-Cong-uoc-Cam-phat-trien-san-xuat-vu-khi-hoa-hoc-604361.aspx, licenses for the import and export of Scheduled chemicals issued before May 19, 2024, will continue to be valid until their expiration dates specified in the licenses without needing to be reissued.
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