CIRCULAR

GUIDING MANAGEMENT OF EXPORT AND IMPORT OF TOXIC CHEMICALS AND PRODUCTS WITH TOXIC CHEMICALS, PRE-SUBSTANCE OF DRUGS AND CHEMICALS ACCORDING TO TECHNICAL STANDARDS SUBJECT TO SPECIALIZED MANAGEMENT OF THE MINISTRY OF INDUSTRY

Pursuant to the Decree No.55/2003/ND-CP of May 28, 2003 of the Government regulating functions, duties, powers and organizational structure of Ministry of Industry;

Pursuant to the Decree No.12/2006/ND-CP dated January 23, 2006 of the Government detailing the implementation of the Commercial Law regarding international purchase and sale of goods and activities of purchase and sale agents, processing and transit of goods with foreign parties;

Pursuant to the Decree No.100/2005/ND-CP dated August 03, 2005 of the Government on implementation of the Convention on prohibition of the development of production, storage, use and destruction of chemical weapons;

Pursuant to the Decree No.68/2005/ND-CP of May 20, 2005 of the Government on Chemical Safety;

Pursuant to the Law on Prevention and Fighting against Drugs and its guiding documents;

The Ministry of Industry guides the management of export and import of chemicals of Table 1 under the Convention on the Prohibition of development of production, storage, use and destruction of chemical weapons; toxic chemicals and products with toxic chemicals, pre-substance of drugs and chemicals imported according to technical standards subject to specialized management of the Ministry of Industry as follows:

I. GENERAL PROVISIONS

1. The export and import of chemicals of Table 1 of the Convention on the Prohibition of development of production, storage, use and destruction of chemical weapons in the special cases for the purpose of research, health, pharmaceutical products or security protection, shall comply with the Decree No.100/2005/ND-CP of August 03, 2005 by the Government on implementation of the Convention and the Decision No.05/2006/QD-BCN dated April 07, 2006 of the Ministry of Industry.

2. Goods that are hazardous chemicals, products with hazardous chemicals in transit, temporarily imported for re-export shall comply with the provisions of the Trade Ministry.

3. The assurance of safety for export, import of chemicals of Table 1 under the Convention on the Prohibition of development of production, storage, use and destruction of chemical weapons; toxic chemicals and products with toxic chemicals, pre-substance of drugs and chemicals imported according to technical standards subject to specialized management of the Ministry of Industry shall comply with the provisions of the Decree No.68/2005/ND-CP of May 20, 2005 by the Government on Safety for chemicals.

4. Exporters, importers are responsible for the accuracy of the data declared upon export, import; management and use of imported chemicals for the right purposes and under the relevant regulations; if committing acts of violations, they will be handled according to law provisions.

II. SPECIFIC PROVISIONS

1. Traders who have certificates of business registration and registration for importer and exporter code at the Customs Departments of provinces and cities directly under the Central Government, are allowed to export and import chemicals for direct service for production, research and business by the needs and the ability to do business (other than chemicals as precursor substances used in industrial sector in Appendix 1).

The export and import of chemicals as precursor substances used in the industrial sector under Appendix 1 shall comply with the Law on Prevention and Anti-Drugs dated December 09, 2000; Management Regulation of Pre-substances used in the industrial sector issued together with the Decision No.134/2003/QD-BCN dated August 25, 2003 and No.04/2004/QD-BCN dated January 07, 2004 of Ministry of Industry and the provisions of this Circular.

2. The export and import of chemicals of Table 2 and chemicals of Table 3 of Appendix 2 shall comply with the Decree No.100/2005/ND-CP dated August 03, 2005 by the Government on implementation of the Convention on prohibition of production development, storage, use and destruction of chemical weapons and the provisions of this Circular.

3. Traders who import hazardous chemicals and products containing toxic chemicals on the list of conditional imports of Appendix 3 to do business, are required to have certificates of eligibility for environmental protection in the chemical business issued by the Departments of Natural Resources and Environment of provinces and cities under central authority under the provisions of the Ministry of Natural Resources and Environment.

4. When importing chemicals listed in Appendix 4 of this Circular, the traders must fully declare the standards of quality and corresponding technical standards for the customs offices to check and compare. Where there are questions on the false standards of quality and technical standards, customs offices decide to request expertise, customs clearance under the current regulations. The import of the chemicals in direct service for production with lower standards prescribed in this Appendix is required to be agreed in writing by the Ministry of Industry.

III. IMPLEMENTATION PROVISIONS

This Circular takes effect from May 01, 2006. The previous regulations on management guidance of export, import of toxic chemicals; toxic chemicals and products containing toxic chemicals, precursor substance of drugs; chemicals imported under the technical standards under the specialized management of the Ministry of Industry contrary to this Circular are hereby annulled.

During the execution, if any difficulties and obstacles arise, the branches, the localities, units report to the Ministry of Industry for timely amending and supplementing accordingly./.

APPENDIX 1

LIST PRE-SUBSTANCES USED IN INDUSTRIAL SECTOR(Issued together with the Circular No.: 01/2006/TT-BCN dated April 11, 2006 of the Ministry of Industry)

(Issued together with the Circular No.: 01/2006/TT-BCN dated April 11, 2006 of the Ministry of Industry)

APPENDIX 3

THE LIST OF TOXIC CHEMICALS AND THEIRS PRODUCTS(Issued together with the Circular No.: 01/2006/TT-BCN dated April 11, 2006 of the Ministry of Industry)

APPENDIX 4

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