Vietnam: Responsibilities of governing authorities for the implementation of the Chemical Weapons Convention (CWC)

On May 06, 2014, the Government of Vietnam issued the Decree No. 38/2014/NĐ-CP on management of chemicals governed by the Convention on prohibition of the development, production, stockpiling, use and destruction of chemical weapons.

Quản lý nhà nước trong thực hiện Công ước Cấm vũ khí hóa học, 38/2014/NĐ-CP

According to the Decree No. 38/2014/ND-CP of Vietnam’s Government, responsibilities of governing authorities for the implementation of the Chemical Weapons Convention (CWC) are specified as follows:

- The Governing shall take measures to ensure the consistent implementation of the CWC;

- The Ministry of Industry and Trade shall be responsible for State administration of the implementation of the CWC to the Government. Within its authority, the Ministry of Industry and Trade shall:

+ Promulgate or request the Government to consider promulgating the legislative documents to implement the CWC;

+ Issue, suspend or revoke the Certificates of the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC.

+ Administer the production, business, process, use, stockpiling, import and export of the chemicals governed by the CWC; inspect these activities in the chemical facilities within its ambit of competence;

+ Disseminate the CWC and related legislative documents.

+ Take charge of the international cooperation within the framework of the CWC.

- Responsibilities of relevant Ministries and regulatory authorities

+ The Ministry of Finance shall collect the biannual and annual import and export data of the Schedule chemicals to send a report to the Ministry of Industry and Trade to submit an national declaration to the Organization for the Prohibition of Chemical Weapons;

+ The Ministry of National Defense, the Ministry of Public Security shall assess the activities related to the CWC in the units affiliated to the armed forces; cooperate with the Ministry of Industry and Trade in implementing the CWC;

+ The Ministry of Health shall administer the use of the Schedule 1 chemicals in the facilities for the medical or pharmaceutical research, report the administration of the use of the Schedule 1 chemicals to the Ministry of Industry and Trade in order to submit an national declaration to the Organization;

+ Ministry of Foreign Affairs shall cooperate with the Ministry of Industry and Trade and the Ministry of Public Security in fulfilling the commitment of Vietnam to implement the CWC and ensure the international cooperation in accordance with the CWC; issue the visas many times or temporary residence cards whose effective periods are 2 years to the inspectors and inspection assistants of the Organization as well as send the list of the inspectors and inspection assistants that have been issued visas to the Organization.

View more details at the Decree No. 38/2014/ND-CP of Vietnam’s Government, effective from July 01, 2014.

Le Hai

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