Hong Bang Law would like to provide the advice and guidance on Procedures for Issuance of License for Export and Import of Schedule 1 chemicals as follows:
Legal basis
- Decree No. 38/2014 On the management of controlled chemicals of the convention Prohibition of development, production, stockpiling, use, and destruction of chemical weapons
- Circular 55/2014/TT-BCT detailing and guiding the implementation of several articles of the Government’s Decree No. 38/2014/ND-CP dated May 6, 2014, on the management of chemicals subject to the control of the Convention for the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons.
- Decree 17/2020/ND-CP amending several Decrees related to business investment conditions under the scope of state management of the Ministry of Industry and Trade
- Decision 688A/QD-BCT On the announcement of the revised, supplemented/abolished administrative procedures under the state management function of the Ministry of Industry and Trade
Conditions
- Being an enterprise established following the law;
- Trade with organizations or individuals of a State Party to the Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons.
The procedures
- Organizations and individuals that export or import Schedule 1 chemicals shall make 01 (one) dossier and send it to the Ministry of Industry and Trade by post or directly;
- Within 03 (three) working days from the date of receipt of the dossier, the Ministry of Industry and Trade must notify the organization or individual of the completeness and validity of the dossier and request the organization, individuals complete the profile only once. The time for notification and completion of the dossier shall not be included in the time of issuance of an export license or an import permit;
- The time for issuance of the License to export and import Schedule 1 chemicals does not exceed 10 (ten) working days from the date of receipt of a complete and valid dossier. The Ministry of Industry and Trade is responsible for reviewing and submitting it to the Prime Minister for permission. . In case of refusal, the Prime Minister shall authorize the Ministry of Industry and Trade to reply in writing and clearly state the reason.
Note: You can submit it in person or use the postal service.
The dossiers
- Official letter requesting license according to Form 6, Appendix to Circular No. 55/2014/TT-BCT: 01 original;
- A copy of the Certificate of Business Registration or Investment Certificate or Certificate of Business Registration: 01 copy;
- Contracts or agreements on sale and purchase of Schedule 1 chemicals with organizations that are members of the Organization for the Prohibition of Chemical Weapons: 01 original and 01 copy.
The competent authority
The Prime Minister
Time
- Within 10 (ten) working days from the date of receipt of a complete and valid application, the Ministry of Industry and Trade shall consider and submit it to the Prime Minister for permission. In case of refusal, the Prime Minister shall authorize the Ministry of Industry and Trade to reply in writing and clearly state the reason.
If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com
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Best regards!