Quyết định 134/2003/QD-BCN

DECISION

OF THE MINISTER OF INDUSTRY NO. 134/2003/QD-BCN, OF AUGUST 25, 2003 ON PROMULGATION OF LIST AND REGULATION ON MANAGEMENT OF PRECURSOR SUBSTANCES USED IN INDUSTRY

THE MINISTER OF INDUSTRY

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

Pursuant to the Law on drug prevention and fight, of December 09, 2000;

Pursuant to Government’s Decrees No. 67/2001/ND-CP of October 01, 2001, promulgating the list of narcotic substances and precursor substances, No.80/2001/ND-CP of November 05, 2001, guiding the control of lawful drug-related activities in the country and No.58/2003/ND-CP of May 29, 2003, prescribing the control of the import, export and transit through Vietnam’s territory of narcotics, precursor substances, addictive drugs and psychotropic drugs;

At the proposal of Director of Department of Mechanical engineering, Metallurgy and Chemicals,

DECIDES

Article 1. To promulgate together with this Decision the list of and regulation on management of precursor substances used in industry.

Article 2. This Decision takes effect 15 days after the day of printing on Public Gazette. All previous provisions contrary to this Decision shall be annulled.

Article 3. The Chief of the Ministry Office, the Chief Inspector of Ministry, Directors General of Ministries, Ministries and People’s Committee of central-affiliated cities and provinces, heads of relevant agencies, units shall implement this Decision.

THE LIST

OF PRECURSOR SUBSTANCES USED IN INDUSTRY
(Promulgated together with the Decision No. 134/2003/QD-BCN, of August 25, 2003, of the Minister of Industry)

REGULATION

ON MANAGEMENT OF PRECURSOR SUBSTANCES USED IN INDUSTRY
(Promulgated together with the Decision No. 134/2003/QD-BCN, of August 25, 2003, of the Minister of Industry)

I. GENERAL PROVISIONS

Article 1. This Regulation provides on production conditions: Principles in distribution, purchase and sale, use, exchange, transport, preservation, stockpiling of precursor substances; orders of and procedures for grant and withdrawal of permits for import, export of precursor substances in industry (hereinafter referred to as precursor substances).

Article 2. Organizations, individuals operating on Vietnam’s territory participating one of activities specified in Article 1 relating to precursor substances must comply with law provisions on the control of lawful drug-related activities and provisions of this Regulation.

Article 3.

1. Precursor substances mean chemicals used in production, science research, analyzing, testing of industrial sectors such as raw materials, solvents, catalytic agents, and chemicals that cannot be lacking in the course of production and preparation of narcotic substances.

2. Precursor substances specified in the list of precursor substances used in industry promulgated together with the Decision No. 134/2003/QD-BCN, of August 25, 2003, of the Minister of Industry are harmful chemicals being required for permit of the Ministry of Industry upon import, export.

II. SPECIFIC PROVISIONS

Article 4.

1. Enterprises producing precursor substances must have Certificate of Business registration in chemical production granted by competent state agency, have registered tax number and have sufficient conditions:

a) The material facilities, technology, machines, equipment suitable to production of precursor substances meeting quality standards registered by enterprises

b) Having a division of analyzing, testing of quality of products. If there is no separate division of analyzing, testing of quality of products, they may hire lawfull analyzing offices or centers of specialized agencies;

c) Having a waste treatment system, that ensure that production not cause environmental pollution. Having sufficient working means and conditions in order to ensure labour safety, environmental hygiene such as for some harmful chemicals as prescribed by law on labor and environment;

d) Having a technical staff and worker possessing professional qualification, coached, trained in chemical industry, meeting requirement of production technology and quality control.

2. Enterprises having sufficient conditions specified in clause 1 Article 4 must register annual production plans to the Ministry of Industry, in which clearly stating types of precursor substances, quantity, and quality. In November of every year, the Ministry of Industry shall consider and certify the plan registration for units' implementation.

Article 5. For new enterprises established as prescribed by law, if they have business trades relating to precursor substance production, they must ensure conditions as specified in Article 4 and must be agreed on business lines by the Ministry of Industry.

Article 6. Enterprises established as prescribed by law, operating in trade, with suitable lines indicated in Certificate of Business registration, possessing certificate of eligibility for business of goods being harmful chemicals and products containing harmful chemicals granted by Department of Natural Resources and Environment of central-affiliated cities and provinces as prescribed by the Ministry of Natural Resources and Environment, are allowed for purchase, sale (except export, import), transport, stockpiling of precursor substances as prescribed by law on the control of lawful drug-related activities and provisions of this Regulation.

Article 7. Organizations, individuals having demand for use of precursor substances in service for production, research, testing, must have persons being well informed about features, effects, toxicity, response requirements when meeting accidents with respect to type of precursor substances being used.

Article 8.

1. Enterprises having sufficient conditions specified in Article 6 of this Regulation and having business registration in export, import, shall be granted permit for precursor substance import, export by the Ministry of Industry.

2. A dossier applying for permit of import, export, which being sent to the Ministry of Industry, includes:

a) Application for import, export made in according to Form No. 1 enclosed to this Regulation;

b) A valid copy of establishment permit and Certificate of Business registration granted by competent agency;

c) A valid copy of Tax number Registration;

d) A valid copy of certificate of eligibility for business of goods being harmful chemicals and products containing harmful chemicals;

e) A valid copy of export and import business number registration.

Cases of import in service for direct use of enterprises are not required to have certificate of eligibility for business of goods being harmful chemicals and products containing harmful chemicals.

3. Within 15 working days, after receiving valid dossier, the Ministry of Industry shall issue permit or written reply clearly stating reason of having not yet granted or not granted.

4. The permit shall be granted for each times of import, export and have value in time limit stated in permit. If permit is expired but import, export have not been implemented or implemented but not been yet finished, enterprise must have official dispatch requesting the Ministry of Industry for consideration to extend more deadline.

Article 9. Cases being withdrawn permit of import, export:

1. Cases violating one of provisions in this Regulation shall be temporarily withdrawn permit of import, export for times performing.

2. If enterprises conduct fraudulent acts such as reporting wrongly on the quantity of import, export, the trade quantity, enterprises shall be withdrawn permit of import, export has been granted. If enterprises conduct violation for second times, they shall not be granted permit within one year. If conducting violation for third times, they shall eternally not be granted permit.

Article 10. Enterprises must report specific result on import, export, use and supply of precursor substances granted permit by the Ministry of Industry for each customer when they have demand for continuing import, export.

Article 11. During transporting, delivering, receiving, storing, precursor substances must be packaged, sealed in according to current regulations on chemical safety. Organizations, individuals are responsible for quantity, quality, kinds, expiry time of their goods and must have measures to protect safely, not let loss or misusing of precursor substances for processing, preparation of narcotic substances. If there are mistake, poisoning, loss cases, they must report immediately to direct management agencies, clearly stating reason and having immediate remedial measures.

Article 12. Precursor substances must have label and be preserved such as for harmful chemicals in according to current provisions of State. Labels must clearly indicate name of substance, composition, concentration, content, quantity, import place, export place, time of use, manufacturer.

Article 13. Organizations, individuals having activities of production, preparation, transport, preservation, stockpiling, purchase, sale, use of precursor substances, must implement fully regime of invoices, vouchers in according to current provisions of State. All cases of business without invoices, vouchers shall be considered as illegal business and be handled as prescribed by law.

III. REGIME OF REPORT RECORDING

Article 14. Organizations, individuals having activities of production, preparation, transport, preservation, stockpiling, purchase, sale, use of precursor substances, have responsibility for making files of monitoring of quantity and quality taken out and into warehouse. Sheets of ex-warehousing and warehousing of precursor substances are not shared with other types of goods or materials. Books, vouchers for storage must be stored such as storage of accounting documents specified in the Decision No. 281/2000/QD-BTC of December 29, 2000 of the Minister of Finance, on promulgating the Regime of accounting documents storage.

Article 15. On the June 30 and December 31 every year, organizations, individuals having activities of production, preparation, transport, preservation, stockpiling, purchase, sale, use of precursor substances, must inventory, make 6-month and annual reports to send them to the Ministry of Industry in according to Form No.2 and Form No. 3 enclosed. The reports must be sent to the Ministry of Industry not later than on July 17 (for 6-month report) and the January 15 of next year (for annual report).

IV. IMPLEMENTATION PROVISION

Article 16. To assign Department of Mechanical engineering, Metallurgy and Chemicals preside over and with Functional Departments of the Ministry of Industry in implementation of line management function for control of lawful drug-related activities in the country.

Amendments, supplementations to Regulation shall be considered and submitted to the Ministry for decision by the Director of Department of Mechanical engineering, Metallurgy and Chemicals.