Vietnam Vietnam’s New Decree to Control Narcotic Substances and Precursors

On December 4, 2021, the Vietnam Chemicals Agency (Vinachemia) under the Ministry of Industry and Trade (MOIT) enacted the Decree No. 105/2021/ND-CP on Detailed Guidance on the Implementation of the Law on Drug Prevention and Fight. This Decree took effect on January 1, 2022, and Articles 14, 19 and 21 thereof govern the manufacture, import and export of narcotic substances and precursors that are under the control of the MOIT.

The Decree can be downloaded at:
http://khuyennongninhbinh.gov.vn/wp-content/uploads/2021/12/nghi-dinh-105-2021-nd-cp.pdf

 

Permission on manufacture/import of narcotic substances and precursors

Article 14 of the Decree No. 105/2021/ND-CP requires for manufacturing activities on narcotic substances and precursors that are controlled by MOIT, as prescribed in the list of narcotic substances and precursors issued by the government, to obtain permission from each province’s or city’s department in charge of industry and trade. On the other hand, Article 19 of the Decree stipulates that the import/export; temporary import and re-export; and temporary export and re-import of narcotic substances and precursors that are included in the same list shall require permission from MOIT. The list of narcotic substances and precursors has been promulgated in the Decree No. 73/2018/ND-CP (Note: a part of the list has been amended and supplemented by the Decree No. 60/2020/ND-CP).

The original text of the Decree No. 73/2018/ND-CP can be viewed at:
http://vbpl.vn/bocongan/Pages/vbpq-toanvan.aspx?ItemID=135762&Keyword=

The original text of the Decree No. 60/2020/ND-CP can be viewed at:
http://vbpl.vn/tw/Pages/vbpq-van-ban-goc.aspx?dvid=13&ItemID=142818

The application procedure for permission on import or export of MOIT-controlled narcotic precursors, which are called “industrial precursors,” is prescribed in Articles 12 and 13 of the Decree No. 113/2017/ND-CP Stipulating Implementation Rules for the Law on Chemicals. Currently, this procedure needs to be done online at the National Single Window (https://vnsw.gov.vn/), which is managed by the General Department of Vietnam Customs.

On the other hand, under Article 21 of the Decree No. 105/2021/ND-CP, to apply for permission on temporary import and re-export or temporary export and re-import of industrial precursors, it is required to send documentation to MOIT, in addition to the above-described procedures on the National Single Window. Any changes to the design, packaging, containers, etc. of products during temporary import and re-export or temporary export/re-import will require the approval of MOIT and will also be monitored by customs agencies. In the event of any discrepancies with the content in the import/export permission, temporary suspension of customs clearance may be imposed.

Author / Responsibility

AOKI Kenji

Senior Consultant, EnviX Ltd.
General Director, E&H Consulting Co., Ltd.

Business Performance

Expertise in EHS (environment, health and safety) consulting in ASEAN region.
- Environmental regulations updating
- Chemical regulations consulting

Background

MSc in Earth Science, The University of Tokyo

AOKI Kenji