Decree No. 38/2014/ND-CP on the management of chemicals subject to control under the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction

THE GOVERNMENT

No. 38/2014/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, May 6, 2014

DECREE

On the management of chemicals subject to control under the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction [1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to November 21, 2007 Law on Chemicals;

Pursuant to the 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 on their destruction;

At the proposal of the Minister of Industry and Trade,

The Government promulgates the Decree on the management of chemicals subject to control under the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree regulates the production, trading, processing, consumption, retention, import and export of chemicals subject to control under the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction (below referred to as the Convention) in the territory of the Socialist Republic of Vietnam.

Article 2. Subjects of application

This Decree applies to organizations and individuals involved in the production, trading, processing, consumption, retention, import and export of chemicals subject to control under the Convention.

Article 3. Application of laws

1. Activities involving chemicals subject to control under the Convention must comply with this Decree and other relevant laws.

2. In case this Decree contains no relevant provision or contains provisions different from those of the Convention, the provisions of the Convention prevail.

Article 4. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. 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.

2. 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.

3. Scheduled chemical means a toxic chemical or precursor subject to control under the Convention and classified into Schedule 1, Schedule 2 (including also 2A*, 2A and 2B) and Schedule 3 according to its toxicity.

4. Riot control agent means any chemical not listed in a schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following the termination of exposure.

5. Other chemicals means chemicals other than scheduled chemicals and classified into DOC chemicals and DOC-PSF chemicals, including:

a/ DOC chemicals, which are discrete organic chemicals, including all compounds of carbon, except for their oxides and sulfides and metal carbonates;