Conditions for granting license to produce, sell Schedule chemicals in Vietnam as of May 19, 2024

Conditions for granting license to produce, sell Schedule chemicals in Vietnam as of May 19, 2024 (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

On March 27, 2024, the Government of Vietnam issued Decree 33/2024/ND-CP on implementing the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.

Conditions for granting license to produce, sell Schedule chemicals in Vietnam as of May 19, 2024

To be granted license to produce, sell Schedule chemicals in Vietnam as of May 19, 2024, enterprises need to meet the following conditions:

(1) Eligibility for production

- Enterprises are established in a manner compliant with the law;

- Technical facilities must meet production requirements under Clause 1 Article 8 of Decree 33/2024/ND-CP;

Facilities producing Schedule chemicals, DOC, DOC-PSF chemicals must meet production requirements under Article 12 of the Law on Chemicals and Article 4, Clause 1 and Clause 2 Article 5, Clause 1 and Clause 2 Article 6 of Decree 113/2017/ND-CP elaborating the Law on Chemicals.

- The Technical Director or Vice Director or technicians in charge of production of Schedule chemicals must have graduate education or higher in chemical major;

- Entities mentioned under Article 32 of Decree 113/2017/ND-CP must receive chemical safety training.

(2) Eligibility for sale

- Enterprises are established in a manner compliant with the law;

- Technical facilities must meet sale requirements under Clause 2 Article 8 of Decree 33/2024/ND-CP;

Facilities making sale of Schedule chemicals must meet sale requirements under Article 12 of the Law on Chemicals and Article 4; Clause 2 Article 5; Clause 1 and Clause 2 Article 6 of Decree 113/2017/ND-CP.

- Storage is available in form of existing storage facilities or leased storage facilities or storage facilities of organizations, individuals purchasing or selling chemicals and meets safe chemical storage and fire safety requirements;

- Individuals in charge of chemical safety in sale establishments of Schedule chemicals must have intermediate-level education or higher in chemical major;

- Entities mentioned under Article 32 of Decree 113/2017/ND-CP must receive chemical safety training.

(3) Facilities producing Schedule 1 chemicals must meet, in addition to requirements under Clause (1), requirements below:

- Production of Schedule 1 chemicals is only allowed to serve special purposes defined under Clause 2 Article 6 of the Law on Investment, including analysis, testing, scientific research, medical, pharmaceutical production, criminal investigation, and national defense, security;

- Production scale of single small-scale facilities, volume of reaction vessels must not exceed 100 liters; aggregate volume of reaction vessels having more than 5 liters in volume must not exceed 500 liters. Production scale in other facilities and aggregate quantities must not exceed 10 kg/year in respect of protective purpose; quantities must not exceed 100 gram/year per chemical and aggregate quantities must not exceed 10 kg/year in respect of research, medical, pharmaceutical purposes; aggregate quantities must not exceed 100 gram/year in respect of laboratories.

(4) Facilities producing, selling Schedule 2 and Schedule 3 chemicals shall meet, in addition to requirements under Clause (1) and (2), the following requirements: Such facilities must only produce, sell Schedule 2 and Schedule 3 chemicals for purposes not prohibited according to Article 3 of Decree 33/2024/ND-CP.

** “Schedule chemicals” means toxic chemicals and precursors controlled in accordance with the CWC and classified in order 1, 2, 3 depending on criteria set under chemical Annex of the CWC. Schedule chemicals include chemicals under Lists and mixtures containing chemicals under Lists.

More details can be found in Decree 33/2024/ND-CP taking effect on May 19, 2024.

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