General requirements regarding import and export of Schedule chemicals in Vietnam from May 19, 2024

General requirements regarding import and export of Schedule chemicals in Vietnam from May 19, 2024 (Image from the internet)

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

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

1. General requirements regarding import and export of Schedule chemicals in Vietnam from May 19, 2024

According to Article 17 Decree 33/2024/ND-CP the general requirements for the import and export of Schedule chemicals in Vietnam are as follows:

- Organizations and individuals are only permitted to import and export Schedule 1 Chemicals, Schedule 2 Chemicals from member states of the Chemical Weapons Convention. In case of exporting Schedule 3 Chemicals to organizations or individuals of non-member states of the Convention, an End-Use Certificate from the competent authority of that nation is required.

- Organizations and individuals importing or exporting Schedule chemicals must obtain a license from the competent authority. The import/export license for Schedule chemicals is a prerequisite for customs clearance when importing or exporting Schedule chemicals.

- Organizations and individuals are only allowed to import Schedule chemicals for commercial purposes after obtaining a Business License for Schedule chemicals from the competent authority.

- Organizations and individuals importing or exporting Schedule chemicals must comply with the reporting regulations in Articles 23, 24, and 25 Decree 33/2024/ND-CP; follow the inspection and examination regulations in Articles 34 and 35 Decree 33/2024/ND-CP.

- Organizations and individuals importing Schedule chemicals for use in production must comply with the requirements stipulated in Articles 21 and 22 Decree 33/2024/ND-CP.

- Organizations and individuals granted an import license for Schedule chemicals are not required to declare chemicals on the List of Chemicals Subject to Declaration as per the Chemical Law and Decree 113/2014/ND-CP, as amended and supplemented by Decree 82/2022/ND-CP.

2. Procedures for issuance of License to import, export Schedule chemicals in Vietnam

* Procedures for issuance of License to import, export Schedule 1 Chemicals in Vietnam

- Organizations and individuals apply for the License by submitting 01 set of dossiers via postal service or directly or through the online public service system to the Ministry of Industry and Trade;

- In case the dossier is incomplete and invalid, within 03 working days from the date of receipt, the Ministry of Industry and Trade shall notify the organization or individual to supplement and complete the dossier. The time for dossier completion is not included in the licensing period specified in this clause;

- Within 07 working days from the date of receipt of the complete dossier, the Ministry of Industry and Trade shall examine and submit to the Prime Minister the Government of Vietnam to issue the license for importing or exporting Schedule 1 Chemicals. In case the Prime Minister the Government of Vietnam does not issue the license, the Ministry of Industry and Trade shall provide a written response stating the reasons;

- The import/export license for Schedule 1 Chemicals is stipulated in Form No. 04, Appendix II issued together with Decree 33/2024/ND-CP and is valid for 06 months from the date of issuance;

- When necessary, the Ministry of Industry and Trade shall seek written opinions from the specialized state management agency before submitting to the Prime Minister the Government of Vietnam for licensing.

The time for opinion collection is a maximum of 05 working days, excluding the time for sending and receiving documents, and is not included in the licensing period specified in Article 18 Decree 33/2024/ND-CP. After this period, if the specialized state management agency does not provide written feedback, it is considered as consent to the licensing request from the organization or individual.

* Procedures for issuance of License to import, export Schedule 2 Chemicals, Schedule 3 Chemicals in Vietnam

- Organizations and individuals apply for the License by submitting 01 set of dossiers as stipulated via postal service or directly or through the online public service system to the Ministry of Industry and Trade;

- In case the dossier is incomplete and invalid, within 03 working days from the date of receipt, the Ministry of Industry and Trade shall notify the organization or individual to supplement and complete the dossier. The time for dossier completion is not included in the licensing period specified below;

- Within 07 working days from the date of receipt of the complete dossier, the Ministry of Industry and Trade shall examine and issue the export/import license for Schedule 2 Chemicals, Schedule 3 Chemicals. In case of non-issuance, the Ministry of Industry and Trade shall provide a written response stating the reasons;

- The export/import license for Schedule 2 Chemicals, Schedule 3 Chemicals is stipulated in Form No. 04, Appendix II issued together with Decree 33/2024/ND-CP and is valid for 06 months from the date of issuance;

- In cases of exporting and importing Schedule 1 Chemicals, Schedule 2 Chemicals, Schedule 3 Chemicals for specialized purposes (medical, pharmaceutical, agriculture, security, defense), when necessary, the Ministry of Industry and Trade shall seek written opinions from the specialized state management agency before licensing.

The time for opinion collection is a maximum of 05 working days, excluding the time for sending and receiving documents, and is not included in the licensing period specified in Article 19 Decree 33/2024/ND-CP. After this period, if the specialized state management agency does not provide written feedback, it is considered as consent to the licensing request from the organization or individual.

(Clause 3, Article 18; Clause 3, Article 19 Decree 33/2024/ND-CP)

Nguyen Ngoc Que Anh

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