Vietnam Releases New Chemical Weapons Convention Implementation Decree

On March 27, 2024, the Vietnamese Ministry of Industry and Trade (MoIT) released Decree 33/2024/ND-CP implementing the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. This new Decree which entered into force on May 19, 2024, replaces the previous Decree 38/2014/ND-CP. 

Scope and Application 

The Decree applies to entities and individuals involved in or associated with the implementation of the Chemical Weapons Convention (CWC) within the territory of the Socialist Republic of Vietnam. 

Implementation Requirements: The CWC must be implemented in accordance with this Decree and other relevant legal provisions.  

Prohibited and Permitted Activities: Prohibited behaviors and non-prohibited goals must be in accordance with Clause 1, Article 1 and Clause 9, Article 2 of the CWC. 

Key Definitions in the Decree 

"Schedule Chemicals" means toxic chemicals and precursors that are controlled under the CWC and are classified as Category 1, 2, 3 chemicals in accordance with the criteria of the Chemical Annex of the CWC. Schedule chemicals include listed chemicals and mixtures containing listed chemicals. 

A "Discrete Organic Chemical" (DOC) is defined in the CWC as any carbon compound, other than oxides, sulfides, and metal carbonates. These compounds are identifiable by their chemical name, structural formula (if known), and Chemical Abstracts Service (CAS) registry number (if assigned). A "DOC-PSF chemical" is a DOC containing one or more of the elements phosphorus, sulfur, or fluorine. 

“Storage" of a Schedule Chemical as defined in the CWC, means the storage, preservation of unused or undiminished Schedule Chemicals in special storage facilities, tanks and containers at a chemical facility. 

A "Chemical Facility" is a place where chemicals governed by the CWC are produced, processed, consumed, and stored. A Chemical Facility may consist of one or more factories or stand-alone production lines.  

Chemical Facilities are classified as follows: DOC, DOC-PSF chemical facilities; Schedule 1, Schedule 2, and Schedule 3 facilities. 

Classification of Chemical Facilities 

• Schedule 1 Facilities: Capable of producing, processing, consuming, or storing substances classified as Schedule 1. These facilities are further subdivided into various facilities and individual small-scale facilities. 

• Schedule 2 Facilities: Support activities using Schedule 2 chemicals in their manufacturing, processing, or consumption. 

• Schedule 3 Facilities: Capable of producing chemicals under Schedule 3. 

• DOC and DOC-PSF Facilities: Allow for the manufacture of DOC and DOC-PSF compounds. 

Main Revision to the Decree   

These are the main changes to the Decree:  

• The definition of schedule chemicals has been clarified. 

• Schedule chemicals subject to the Decree have been added or removed. 

• Provisions on the production of chemicals regulated under the Chemical Weapons Convention have been amended. 

• New provisions on exemptions from obtaining trade licences and import/export permits based on concentration thresholds have been introduced. Import and export licenses for Schedule 2 and Schedule 3 chemicals are exempted if the content of these chemicals is below 1%. 

• New provisions on the processing and use of regulated chemicals have been introduced. 

• Deadlines for the submission of various reports have been harmonized. Regulations concerning reports on Schedule Chemicals, DOC, DOC-PSF chemicals under Point c Clause 2 of Articles 23, 24, 25, and 26 hereof submitted via National Chemical Database will enter into force on February 15, 2025.