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Vietnam Releases the Second Draft Decree on Management of Chemicals Regulated by Chemical Weapons Convention

Organizations that engage in activities of Schedule chemicals need to file annual declarations before February 15.

On May 11, 2023, Vietnam's Ministry of Industry and Trade (MoIT)  published the second draft amendment of the Decree No.38/2014/ND-CP on the Management of Chemicals Governed by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction for public consultation. The draft was open for comments until May 31, 2023.

The latest draft consists of 6 chapters, 43 articles. It proposes to amend and supplement provisions on the production, trading, storage, use, import and export of Schedule chemicals, declaration and inspection of Schedule chemicals and the list of Schedule chemicals.

Compared with the first draft (see ChemLinked coverage), the major changes are summarized below:

  • Clarify the exemption criteria of permit for trading, importing and exporting Schedule chemicals. The recommended exempt threshold is 1% (lowest threshold to be declared under the Chemical Weapons Convention);

  • Adjust the unified deadline for annual declaration of the activities of Schedule chemicals in the previous year and annual declaration of the plan for the following year as February 15;

  • Supplement provisions that in case organizations and individuals import/export Schedule chemicals for business purposes, they must be granted a permit before carrying out import/export procedures.

As the List of Schedule Chemicals are quoted from the Annex of the Chemical Weapons Convention, 4 entries of chemicals have been added the List of Schedule 1 Chemicals as follows: 

No.Chemical nameCAS No.
9

Р-alkyl (H or ≤C10, incl. cycloalkyl) N-(1-(dialkyl(≤C10, incl. cycloalkyl)amino))alkylidene(H or ≤C10, incl. cycloalkyl) phosphonamidic fluorides and corresponding alkylated or protonated salts



e.g. N-(1-(di-n-decylamino)-n-decylidene)-P-decylphosphonamidic fluoride2387495-99-8
Methyl-(1-(diethylamino)ethylidene)  phosphonamidofluoridate2387496-12-8
10O-alkyl (H or ≤C10, incl. cycloalkyl) N-(1-(dialkyl(≤C10, incl. cycloalkyl)amino))alkylidene(H or ≤C10, incl. cycloalkyl) phosphoramidofluoridates and corresponding alkylated or protonated salts
e.g. O-n-Decyl N-(1-(di-n-decylamino)-n-decylidene) phosphoramidofluoridate2387496-00-4
Methyl (1-(diethylamino)ethylidene)phosphoramidofluoridate2387496-04-8
Ethyl (1-(diethylamino)ethylidene)phosphoramidofluoridate2387496-06-0
11Methyl-(bis(diethylamino)methylene)phosphonamidofluoridate2387496-14-0
12

Carbamates (quaternaries and bisquaternaries of dimethylcarbamoyloxypyridines)

Quaternaries of dimethylcarbamoyloxypyridines: 

1-[N,N-dialkyl(≤C10)-N-(n-(hydroxyl, cyano, acetoxy)alkyl(≤C10)) ammonio]-n-[N-(3-dimethylcarbamoxy-α-picolinyl)-N,N-dialkyl(≤C10) ammonio]decane dibromide (n=1-8)


e.g. 1-[N,N-dimethyl-N-(2-hydroxy)ethylammonio]-10-[N-(3-dimethylcarbamoxy-α-picolinyl)-N,N-dimethylammonio]decane dibromide77104-62-2
Bisquaternaries of dimethylcarbamoyloxypyridines:
1,n-Bis[N-(3-dimethylcarbamoxy-α-picolyl)-N,N-dialkyl(≤C10) ammonio]-alkane-(2,(n-1)-dione) dibromide (n=2-12)
1,10-Bis[N-(3-dimethylcarbamoxy-α-picolyl)-N-ethyl-N-methylammonio]decane-2,9-dione dibromide77104-00-8


The Decree is expected to be published and take effect by the end of 2023. 

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