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Viet Nam
Practice Relating to Rule 74. Chemical Weapons
Viet Nam’s Law on the Implementation of the Chemical Weapons Convention (2005) provides:
Article 3 – Prohibited acts
1. For chemical weapons
a. Developing, producing, otherwise acquiring, stockpiling and using chemical weapons;
b. Exporting, importing chemical weapons directly or indirectly with any organizations or individuals;
c. Participating in any military preparations to use chemical weapons;
d. Supporting, encouraging or inducing, in any way, any organizations or individuals to engage in any activity prohibited under the Convention. 
Viet Nam, Law on the Implementation of the Chemical Weapons Convention, 2005, § 3(1)(a)–(d).
Viet Nam’s Criminal Code (2015), which includes war crimes, states:
Chapter XXI
OFFENCES AGAINST PUBLIC ORDER AND PUBLIC SAFETY
Section 3. OTHER OFFENCES AGAINST PUBLIC SAFETY
Article 311. Illegal manufacture, storage, transport, use, or trading of flammable or toxic substances
1. Any person who illegally manufactures, stores, transports, uses, or deals in flammable or toxic substances shall face a penalty of 01–05 years’ imprisonment.
3. This offence committed in any of the following cases shall carry a penalty of 03–10 years’ imprisonment:
c) The offence involves Schedule 3 chemicals of [the 1993] Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;
4. This offence committed in any of the following cases shall carry a penalty of 07–15 years’ imprisonment:
a) The offence involves Schedule 2 chemicals of [the] Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;
5. This offence committed in any of the following cases shall carry a penalty of 15–20 years’ imprisonment or life imprisonment:
a) The offence involves Schedule 1 chemicals of [the] Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction[.] 
Viet Nam, Criminal Code, 2015, Article 311(1), (3)(c), (4)(a) and (5)(a).
In 1981, in a letter to the UN Secretary-General in reaction to US allegations that Viet Nam was “using Soviet-supplied toxic chemicals in Laos and Kampuchea”, Viet Nam stated:
The US is … supplying toxic chemicals to [others] to be used against the peoples of other countries as is the case in Afghanistan … [The charges made by the United States are] aimed at covering the crime of the United States of using toxic chemicals on a large scale and for more than ten years during [US activities] against Viet Nam … The Ministry of Foreign Affairs of the Socialist Republic of Viet Nam completely rejects the above [charges made by the United States]. 
Viet Nam, Ministry of Foreign Affairs, Statement of 17 September 1981 by a spokesperson, reprinted in Letter dated 22 September 1981 to the UN Secretary-General, UN Doc. A/36/549, 23 September 1981, pp. 1–2.
In 1987, during a debate in the First Committee of the UN General Assembly, Viet Nam stated that it was committed to a global ban on chemical weapons. 
Viet Nam, Statement before the First Committee of the UN General Assembly, UN Doc. A/C.1/ 42/PV.29, 2 November 1987, p. 18.
At the 1989 Session of the Conference on Disarmament, Viet Nam stated: “On the one hand, Viet Nam has been the victim of the use of chemical weapons on an enormous scale, while on the other it neither produces nor holds any chemical weapon.” 
Viet Nam, Statement before the Conference on Disarmament, UN Doc. CD/PV.498, 28 March 1989, p. 11.
In 2013, a position paper submitted by the Islamic Republic of Iran to the Third Special Session of the Conference of States Parties to Review the Operation of the Chemical Weapons Convention (Third Review Conference) on behalf of the Member States of the Non-Aligned Movement (NAM) that are States Parties to the 1993 Chemical Weapons Convention (CWC), including Viet Nam, and China noted:
2. Preamble and international security
2.2 The NAM CWC States Parties and China reiterate their long-standing principled position for the achievement of general and complete disarmament, under strict and effective international control, including the prohibition of all weapons of mass destruction.
3. Destruction of chemical weapons and destruction or conversion of chemical weapons production facilities
3.1 The NAM CWC States Parties and China call for the destruction of all categories of chemical weapons by the possessor States Parties and reiterate the importance of the total elimination of all types of weapons of mass destruction, in line with the first preambular paragraph of the Convention.
3.5 The NAM CWC States Parties and China reiterate that the obligation and responsibility regarding the destruction of chemical weapons lie solely with the possessor States Parties, and that fulfilment of this obligation is essential to the achievement of the object and purpose of the Convention. 
Viet Nam, Position paper submitted by the Islamic Republic of Iran to the Third Special Session of the Conference of States Parties to Review the Operation of the Chemical Weapons Convention (Third Review Conference) on behalf of the Member States of the Non-Aligned Movement that are States Parties to the Chemical Weapons Convention, including Viet Nam, and China, 8 April 2013, §§ 2.2, 3.1 and 3.5.
In 2013, in a statement at the Third Special Session of the Conference of States Parties to Review the Operation of the Chemical Weapons Convention (Third Review Conference), made on behalf of the Member States of the Non-Aligned Movement (NAM) that are States Parties to the 1993 Chemical Weapons Convention (CWC), including Viet Nam, and China, the representative of the Islamic Republic of Iran stated:
The existence of weapons of mass destruction continues to pose a threat to international peace and security. The NAM CWC States Parties and China therefore call for the general and complete disarmament under [a] strict and effective verification regime, including the prohibition and elimination of all weapons of mass destruction in line with the first preambular paragraph of the Convention.
The NAM CWC States Parties and China call for the total destruction of all categories of chemical weapons by the possessor States Parties …
It is important that the Third Review Conference call upon the major possessor States to take every necessary measure to ensure the completion of destruction of their chemical weapons stockpiles in the shortest time possible.
We further call upon all the other States Parties that possess old chemical weapons to also complete their destruction of these chemical weapons in the shortest time possible.
… [T]he NAM CWC States Parties and China are fully committed to their obligations under the Convention. We look forward to the elimination of an entire category of weapons of mass destruction in the shortest time possible. 
Viet Nam, Statement by the representative of the Islamic Republic of Iran at the Third Special Session of the Conference of States Parties to Review the Operation of the Chemical Weapons Convention (Third Review Conference) on behalf of the Member States of the Non-Aligned Movement that are States Parties to the Chemical Weapons Convention, including Viet Nam, and China, 8 April 2013, pp. 2, 3 and 6.
The representative of the Islamic Republic of Iran further stated:
The NAM CWC States Parties and China express their deep concern that chemical weapons may have been used in the Syrian Arab Republic. We underline that the use of chemical weapons by anyone under any circumstances would be reprehensible and completely contrary to the legal norms and standards of the international community. 
Viet Nam, Statement by the representative of the Islamic Republic of Iran at the Third Special Session of the Conference of States Parties to Review the Operation of the Chemical Weapons Convention (Third Review Conference) on behalf of the Member States of the Non-Aligned Movement that are States Parties to the Chemical Weapons Convention, including Viet Nam, and China, 8 April 2013, p. 4.
In 2014, in a statement during the 19th Session of the Conference of States Parties to the 1993 Chemical Weapons Convention (CWC), the Deputy Minister for Industry and Trade and Chairman of the National Authority on the Implementation of the Chemical Weapons Convention of Viet Nam stated:
Being a country that has experienced many-year wars, Viet Nam values the peace of a world without weapons of mass destruction. … Viet Nam joined and strictly observes many conventions, agreements and protocols on disarmament and non-proliferation of weapons of mass destruction.
Regarding the CWC, Viet Nam, since its inception, has spared no efforts to take continuous and firm steps to support the implementation of the Convention and activities of the OPCW [Organization for the Prohibition of Chemical Weapons]. Viet Nam has adopted the necessary measures to implement its obligations under the Convention. The Government Decree of 2005 on the CWC implementation [Law on the Implementation of the Chemical Weapons Convention] together [with] the relevant Articles of Viet Nam’s Penal Code of 1999 contain the full set of the legislative and administrative measures to implement the Article VII requirement. And this year, after 8 year[s since] this decree’s implementation, some articles should be revised to meet a demand of current circumstance[s] of [the] chemical industry and more effectively implement our obligations as [a] CWC State Party.
Looking at the activities of the OPCW in 2014, Viet Nam is satisfied with the progress that the international community has … made in the delimitation of chemical weapons, especially the delimitation of Syrian chemical weapons.  
Viet Nam, Statement by the Deputy Minister for Industry and Trade and Chairman of the National Authority on the Implementation of the Chemical Weapons Convention during the 19th Session of the Conference of States Parties to the Chemical Weapons Convention, The Hague, Netherlands, 1 December 2014, pp. 1–2.
In 2015, in a statement during the Twentieth Session of the Conference of States Parties to the 1993 Chemical Weapons Convention (CWC), made on behalf of the Member States of the Non-Aligned Movement (NAM) that are States Parties to the Chemical Weapons Convention, including Viet Nam, and China, the permanent representative of the Islamic Republic of Iran stated:
The existence of weapons of mass destruction continues to pose a threat to international peace and security. Consequently, the NAM CWC States Parties and China reiterate their long-standing principled position toward the achievement of general and complete disarmament, under strict and effective international control, including the prohibition and elimination of all weapons of mass destruction in line with the first paragraph of the preamble of the Convention.
The NAM CWC States Parties and China continue to underline that the use of chemical weapons and toxic chemicals as a weapon anywhere by anyone and under any circumstances is reprehensible and completely contrary to the provisions of the Convention, legal norms and standards of the international community. We also affirm that those responsible for the use of chemical weapons should be held accountable.
The NAM CWC States Parties and China stress that the total destruction of chemical weapons stockpiles, old chemical weapons and abandoned chemical weapons, is a fundamental pillar of the Convention.
Noting with serious concern that the final extended deadline (29 April 2012) for the destruction of chemical weapons was not met by certain possessor States Parties, the NAM CWC States Parties and China stress that the destruction of chemical weapons is the fundamental and top priority of the Organisation and urge all possessor States Parties to take all necessary measures to ensure their compliance with the provisions of the Convention and relevant decisions of the policy-making organs.
In this regard, we welcome the anticipated completion of destruction of the remaining chemical weapons in four chemical weapons destruction facilities in the Russian Federation by the end of 2015.
We also wish to emphasise the determination expressed by the Third Review Conference that the destruction of all categories of chemical weapons, namely old chemical weapons, abandoned chemical weapons and chemical weapons stockpiles shall be completed in the shortest possible time in accordance with the provisions of the Convention and its Annex on Implementation and Verification, and with the full application of the relevant decisions adopted by the policy-making organs.
We welcome the visit by the Chairperson and representatives of the Executive Council to the Haerbaling abandoned chemical weapons [ACWs] destruction site in China in June 2015. We believe such visits facilitate the Council to obtain a better understanding and assist in the process of the destruction of the ACWs.
The NAM CWC States Parties and China attach great importance to the universality of the Convention and we welcome Myanmar and Angola as the new States Parties to the Convention. In this regard we hereby strongly call on remaining States not Party to the Convention to accede to it without further delay and preconditions. We also emphasise that states remaining outside the Convention should not be able to take advantage of any of the benefits it offers to the States Parties.
Recalling the decisions of the Executive Council at its meetings with respect to the elimination and destruction of the Syrian chemical weapons and welcoming the cooperation of the Syrian Arab Republic regarding the implementation of the relevant Executive Council decisions towards the elimination of its chemical weapons, the NAM CWC States Parties and China welcome the significant progress achieved in the elimination of the Syrian chemical weapons and in the destruction of the chemical weapons production facilities.
While paying due respect to all chemical weapons victims and their families, the NAM CWC States Parties and China, in light of the decision adopted by the Conference of the States Parties at its Sixteenth Session (C-16/DEC.13, dated 2 December 2011), appreciate the States Parties and the Director-General who contributed to the Trust Fund for the International Support Network for Victims of Chemical Weapons. We welcome the activation and activities of the International Support Network for Victims of Chemical Weapons and encourage the States Parties to contribute to its Voluntary Trust Fund.
The NAM CWC States Parties and China encourage the States Parties to facilitate and make materials and equipment-related assistance available to other States Parties and to assist and support the victims of chemical weapons, without undue restrictions.
With regard to the future priorities of the Organisation, the NAM CWC States Parties and China believe that the main focus of the Organisation should remain the complete elimination of all categories of chemical weapons. We will take active part in the discussions to be held in this regard from a constructive position, with a strong belief that all pillars of the Convention would be treated in a balanced manner, including the ones related to international cooperation, assistance and protection issues, amongst others.
The NAM CWC States Parties and China are deeply concerned about recent reports on the use of chemical weapons and toxic chemicals in terrorist attacks and call upon the Technical Secretariat to investigate all reports on the use of chemical weapons and to keep the States Parties informed about steps taken. 
Viet Nam, Statement by the permanent representative of the Islamic Republic of Iran during the Twentieth Session of the Conference of States Parties to the Chemical Weapons Convention, made on behalf of the Member States of the Non-Aligned Movement that are States Parties to the Chemical Weapons Convention, including Viet Nam, and China, 30 November 2015, pp. 1–2 and 4–5.