Vietnam: Prohibited acts according to the Chemical Weapons Convention

Notably, in the Decree No. 38/2014/ND-CP of Vietnam’s Government, there are 05 prohibited acts according to the Chemical Weapons Convention (CWC), specifically as follows:

(1) Development, production, acquirement, acquisition, use, import or export of the chemical weapons directly or indirectly of any organization or individual; engagement with any military preparation using chemical weapons; encouragement or incitement to any organization or individual in any form to take part in any activities prohibited under the CWC; use of the riot control agent as war weapons.

(2) Development, production, acquirement, acquisition, use, import or export of the Schedule 1 chemicals, except for the research, medical, pharmaceutical or protective purposes which are approved by the competent authorities; import or export of the Schedule 1 chemicals of any individual or organization in any nation that is not a State Party of the CWC; re-import or re-export of the Schedule 1 chemicals of any organization or individual in a third country;

(3) Development, production, acquirement, acquisition, use, import or export of the Schedule 2 chemicals, except for the purposes which are approved by the competent authorities and unprohibited under the CWC; import or export of the Schedule 1 chemicals of any individual or organization in any nation that is not a State Party of the CWC;

(4) Development, production, acquirement, acquisition, use, import or export of the Schedule 3 chemicals, except for the purposes which are approved by the competent authorities and unprohibited under the CWC; import or export of the Schedule 1 chemicals of any individual or organization in any nation that is not a State Party of the CWC without the end use certificate issued by the competent authorities of such nation;

(5) Production of DOC, DOC-PSF, except for the purposes not prohibited under the CWC.

Activities with the following purposes shall not be prohibited under CWC:

- Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;

- Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;

- Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;

- Law enforcement including domestic riot control purposes.

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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