Vietnam: Production conditions for chemicals governed by the chemical weapons Convention

Decree No. 38/2014/ND-CP of Vietnam’s Government regulates management of chemicals governed by the Convention on prohibition of the development, production, stockpiling, use and destruction of chemical weapons.

In principle, organizations and individuals are not allowed to arbitrarily produce chemicals, except for some special cases to serve the purposes of scientific research, national defense, security, etc. or to satisfy certain conditions.

Regarding Schedule 1 chemicals (in the Appendix attached to Decree No. 38/2014/ND-CP), organizations and individuals must not produce the Schedule 1 chemicals, unless they are produced to serve the purposes of scientific research, maintenance of national defense and security, prevention and combat of epidemic diseases. Any Schedule 1 chemical producer must:

- Have the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.

- Have a written commitment on the production of the Schedule 1 chemicals in accordance with the regulations in Point b Clause 1 Article 8 of Decree No. 38/2014/ND-CP.

- Have the location, area, workshop, machinery, equipment, technological process and storehouse suitable to produce the Schedule 1 chemicals up to quality standards.

- Have a laboratory for testing and analysis or have reached agreement with an appointed or accredited testing unit which has registered for testing in accordance with law on product and goods quality for the purpose of quality control.

- Have a waste treatment system to ensure that the waste treatment conformable with the national technical regulations and standards of environment.

- Have transports to carry the chemicals from the production facility to the receivers suiting such chemicals. Sign a contract with a company eligible to provide transport services if the producer does not have means of transportation.

- Satisfy all of the conditions for fire and explosion safety, environment protection, occupational safety and hygiene in accordance with the relevant law regulations.

- Employ a technical director or deputy director having at least a Bachelor’s Degree in chemistry. Employ the management, technology and administration personnel whose major is chemistry.

- Provide the training in chemical safety for employees working in the Schedule 1 chemical production facility who directly contact chemicals.

Any Schedule 2, Schedule 3 chemical producer must:

- Have the Enterprise registration certificate or Investment certificate or Business registration Certificate which covers chemical business, issued by the competent authorities.

- Have the written commitment on the production of the Schedule 2, Schedule 3 chemicals in accordance with the regulations in Points b and c Clause 1 Article 8 of Decree No. 38/2014/ND-CP.

- Satisfy the requirements for facilities in accordance with the regulations in Points c, d, dd, e, g Clause 1 Article 15 of Decree No. 38/2014/ND-CP.

- Satisfy the requirements for manpower in accordance with the regulations in Points h and i Clause 1 Article 15 of Decree No. 38/2014/ND-CP.

Decree No. 38/2014/ND-CP of Vietnam’s Government will take effect from July 01, 2014, replacing Decree No. 100/2005/NĐ-CP.

- Thuy Phu -

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