Vietnam releases a Draft to Revise the Decree No.38/2014/ND-CP

The Ministry of Industry and Trade of Vietnam proposes to issue a draft to replace the chemical management Decree No.38/2014/ND-CP formulated on the basis of the “Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction” (the “Chemical Weapons Convention”, CWC).

According to the Ministry of Industry and Trade, the implementation of the Decree No.38/2014/ND-CP has made great achievements in the last 8 years. However, there are some restrictions that need to be corrected to further improve the regulation. Details are as following:

As indispensable basic chemicals in the chemical industry (especially chemicals listed in Table 3), imported and exported chemicals are regarded as special chemicals to manufacture cement, certain cosmetics, electronic components, glues, coolants, etc.

The need to both develop economic society and to manage these chemicals in strict accordance with the CWC makes it difficult to handle these chemicals in an easy-to-use manner. Therefore, it is necessary to improve the chemical management regulations to comply with the requirements of the “Chemical Law” and the CWC.

It is also essential to make appropriate adjustments to the relevant provisions on the import and export of chemicals after research and review to reduce the information discrepancies provided by Vietnam and other countries to the Organization for the Prohibition of Chemical Weapons.

Amendment and supplement to the chemical production regulations

The CWC stipulates the chemical manufacturing conditions such as manufacturing facilities, as well as the chemical operating conditions such as the specific scale and the production purpose.

The Draft also prescribes the supplementary conditions in accordance with the declaration requirements of certain chemical facilities under Annex VI, VII and VIII of the CWC.

The regulation on the assessment of physical manufacturing conditions by the Chemical Industry Bureau is supplemented. After approval, entities and applicants must comply with relevant manufacturing and operation conditions, and conduct regular assessments every 36 months.

The licensing authority can re-issue or revoke the license of chemical production based on the applications submitted by the applicants or entities.

As to the export and import of chemicals, the Ministry amends and supplements the Draft to simplify the administrative procedures and create favorable conditions for chemical import and export. Chemicals that have been issued the license of export and import do not have to make import declarations. However, the license of export and import shall be issued through the Viet Nam National Single Window (VNNSW).

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Reference

http://cuchoachat.gov.vn/thong-bao/lay-y-kien-gop-y-doi-voi-du-thao-thong-tu-sua-doi-bo-sung-thong-tu-so-32-2017-tt-bct-ngay-28-thang-12-nam-2017-cua-bo-truong-bo-cong-thuong.html