Legal Document

Title: Circular 55/2014/TT-BCT guiding the implementation of Decree 38/2014/ND-CP on the management of the chemicals governed by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction
Type: Circular
Issuing Agency: Ministry of Industry and Trade
Responsible Agency: Ministry of Industry and Trade
Issuing Date: 19-12-2014

 

 

Circular No. 55/2014/TT-BCT provides detailed regulations and guidance to implement several articles of Decree 38/2014/ND-CP dated May 6, 2014 of the Government on surveillance of the chemicals to be controlled by the CWC.

The Circular applies to organizations and individuals involved in the production, trading, processing, consumption, storage, export and import of chemicals governed by CWC
in Vietnam.

Pursuant to the Circular, organizations and individuals are responsible for complying with and meeting the conditions of production, exportation and importation of chemicals as regulated in Decree No. 38/ 2014/ND-CP, and only conduct production, exportation and importation of chemicals after the permits have been granted by the competent agencies.  

Organizations and individuals are only permitted to export or import chemicals of the Schedules 1 and 2 to and from the CMC’s contracting parties. The list of CMC members is updated on the electronic information portal of the Ministry of Industry and Trade.  

Organizations and individuals are also responsible for accuracy of  importation and exportation data; management and usage of imported chemicals in accordance with objectives and regulations of the related legislation.

Activities such as transit, bordergate transhipment, temporary admission of the chemicals according to the Law on Commerce, Decree No. 187/2013/ND-CP dated November 20, 2013 by the Government  detailing and implementing the Law on Commerce and other sub-law documents.   

Additionally, the Circular regulates the exportation and importation related forms, including application forms; permit forms; certificate forms for the last users; and notification forms for Schedule 1 chemicals.

The Circular comes into effect from February 15, 2015 and rescinds Chapter IV of Circular No. 28/2010/TT-BCT dated June 28, 2010 by the Minister of Industry and Trade.

 
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