Decree No. 100/2005/ND-CP dated August 03, 2005 of the Government on the implementation of the convention of the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom- Happiness
Ha Noi, August 3, 2005
ON THE IMPLEMENTATION OF THE CONVENTION OF THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION
Pursuant to the December 25, 2001 Law on Organization of the Government.
Pursuant to the State President's Decision No. 167/HD - CTN of August 24, 1998 on the ratification of the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and their destruction.
At the proposal of the Minister of Industry.
Article 1 - Scope and subjects of application
This Decree governs relations involving Vietnamese and foreign organizations and individuals that invest in chemical facilities, and export and import chemicals subject to the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and their destruction (hereinafter referred to as the Convention) on the territory of the Socialist republic of Vietnam.
The regulation of relations in the management of chemicals not subject to the Convention shall comply with current provisions of law.
This decree also applies to Vietnamese organizations and individuals that carry out the above - said activities in foreign countries in accordance with international law, unless otherwise provided for by the laws of such foreign countries.
Article 2 - Interpretation of terms
In this Decree, the following terms are construed as follows:
1. Chemical weapons include the following, together or separately:
a. Toxic chemicals for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purpose.
b. Munitions and devices, specifically designed to cause death or other harms through the toxic properties of those toxic chemicals and precursors specified at Point a of this Clause.
c. Any equipment specifically designed for use directly in connection with the employment f munitions and devices specified at Point b of this Clause.
2. Toxic chemical means any chemical which through its chemical action on life processes can cause death, temporary or permanent uncapacitation, acute or chronic toxication to humans or animals or destruction to the environment or living habitat. This term covers all such chemicals, regardless of their origin, their method of production, or their production facilities.
3. Precursor means any chemical which takes part at any stage in a technological process to react with another chemical to create a toxic chemical and plays the most important role in determining the toxic properties of such toxic chemical. The precursor is the key component of a binary or multicomponent chemical system.
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