On May 06, 2014, the Government issued the 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.
Organizations and individuals are not allowed to produce Schedule 1 chemicals, unless they produce such chemicals in special cases to serve scientific research, maintenance of national defense and security or prevention and combat of epidemics and diseases.
The production of Schedule 1 chemicals must satisfy the conditions as having an enterprise registration certificate or an investment certificate or a business registration certificate granted by a competent state agency, stating a chemical business line; having made a written commitment; having appropriate location, space, workshops, machinery, equipment, technological process and storehouses up to quality standards; having a laboratory for testing and analysis or having reached agreement with a designated or accredited testing unit which has registered for testing operation in accordance with law on product and goods quality for the purpose of quality control and having a waste treatment system to ensure that waste treatment conforms to national environmental standards and technical regulations…
Especially, the director or technical deputy director of the facility producing Schedule chemicals must possess a university or higher-level degree in chemicals. Managerial, technical and executive staffs of the Schedule 1 chemical facility must possess professional qualifications in chemicals.
Within 1 (one) year after July 01, 2014, organizations and individuals that currently produce, trade in, process, consume, stockpile, import and export Schedule 1, Schedule 2, Schedule 3, DOC and DOC-PSF chemicals and fail to fully satisfy the conditions prescribed in this Decree shall fully satisfy such conditions. If failing to fully satisfy the conditions, they shall suspend their operations until they satisfy the conditions.
This Decree takes effect on July 1, 2014, and replaces the Government’s Decree No. 100/2005/ND-CP of August 3, 2005.
