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
Tran Thanh Rin

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

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

There are 06 general requirements for the import and export of Schedule chemicals in Vietnam from May 19, 2024, including:

(1) Organizations and individuals are only permitted to import and export Schedule 1 chemicals, Schedule 2 chemicals from member countries of the Chemical Weapons Convention. In case the export of Schedule 3 chemicals is conducted with organizations or individuals from a non-member country of the Convention, an End-Use Certificate from the competent authority of that country must be obtained.

(2) Organizations and individuals importing and exporting Schedule chemicals must have a permit issued by the competent authority. The import/export permit for Schedule chemicals is a prerequisite for customs clearance when importing or exporting Schedule chemicals.

(3) Organizations and individuals are only permitted to import Schedule chemicals for trading after being granted a Business License for Schedule chemicals by the competent authority in Vietnam.

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

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

(6) Organizations and individuals granted a License to import Schedule chemicals are not required to comply with the declaration regulations of chemicals listed under the Chemical Declaration List as prescribed by the Chemical Law and Decree 113/2014/ND-CP, as amended and supplemented by Decree 82/2022/ND-CP.

Schedule chemicals are toxic chemicals and precursors controlled under the Chemical Weapons Convention, categorized into Schedule 1, 2, and 3 based on the criteria stipulated in the Chemical Annex of the Chemical Weapons Convention. Schedule chemicals include chemicals under Lists and mixtures containing chemicals under Lists.

More details can be found in Decree 33/2024/ND-CP which takes effect in Vietnam from May 19, 2024.

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