CIRCULAR

AMENDMENTS TO AND ABROGATION OF SOME LEGISLATIVE DOCUMENTS ON REGULATORY REQUIREMENTS FOR INVESTMENT AND TRADE IN CERTAIN SECTORS UNDER THE STATE MANAGEMENT OF MINISTRY OF INDUSTRY AND TRADE

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; 

Pursuant to the Law on investment dated November 26, 2014;

Pursuant to the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 on amendments to regulations on investment and trading conditions for international trade in goods, chemicals, industrial explosives, fertilizers, gas business and food business under the state management of the Ministry of Industry and Trade;

At the request of the Director of the Legal Department;

The Minister of Industry and Trade promulgates a Circular on amendments to and abrogation of some legislative documents on regulatory requirements for trade and investment in certain sectors under the state management of Ministry of Industry and Trade.

Chapter I

INTERNATIONAL TRADE IN GOODS

Article 1. Abrogation of some Articles of Circulars on coal trading and export

The following shall be abrogated:

1. Article 4 of the Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on regulatory requirements for coal trading.

2. Clause 1 Article 4 of the Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on regulatory requirements for coal export.

Article 2. Amendments to Circular No. 05/2014/TT-BCT dated January 27, 2014 of Minister of Industry and Trade providing for temporary import for re-export, temporary export for re-import and merchanting trade of goods

1. Article 9, Article 10, Article 11, Article 12 and Point c Clause c Article 13 of the Circular No. 05/2014/TT-BCT are abrogated.

2. Appendix VI and Appendix VII of the Circular No. 05/2014/TT-BCT are replaced by Appendix I and Appendix II hereof.

3. Point d and Point dd Clause 1 Article 13 are amended as follows:

 “d) The credit institution’s written confirmation of the enterprise’s deposit as regulated in Article 3, Article 4 or Article 5 of the Government’s Decree No. 77/2016/ND-CP, which is made according to the Form provided in the Appendix II enclosed with the Circular No. 27/2016/TT-BCT: 01 original; dd) Documents proving that the enterprise owns or has rented warehouses for serving its temporary import for re-export of frozen foods as regulated in Article 3 of the Decree No. 77/2016/ND-CP: copies bearing the enterprise’s certification and certified true copy stamp”.

4. Point d Clause 1 Article 17 is amended as follows:

 “The enterprise commits violations against regulations on lease of the entire or part of warehouse as regulated in Article 3 of the Decree No. 77/2016/ND-CP”.

Article 3. The Decision No. 06/2006/QD-BCN dated April 10, 2006 of the Minister of Industry on promulgation of the List of goods banned from import as regulated in the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006 is abrogated.

Chapter II

CHEMICAL SECTOR

Article 4. Amendments to Circular No. 42/2013/TT-BCT dated December 31, 2013 of Minister of Industry and Trade providing for management and control of precursor chemicals used in industry sector

1. Clause 1 Article 6 and Article 7 of Circular No. 42/2013/TT-BCT are abrogated.

2. Point a Clause 1 Article 19 of the Circular No. 42/2013/TT-BCT is amended as follows:

 “Each Provincial Department of Industry and Trade shall carry out annual inspection of traders in industrial precursor chemicals in its province”.

4. Clause 2 Article 20 of the Circular No. 42/2013/TT-BCT is amended as follows:

 “Provincial Departments of Industry and Trade shall be responsible for the implementation of regulations on control of industrial precursor chemicals in their provinces as prescribed in the Decision No. 52/2011/QD-TTg, and regulations in Article 8 of the Decree No. 77/2016/ND-CP and Point b Clause 1 and Clause 2 Article 19 of this Circular”.

Article 5. Article 4, Article 5 and Article 6 of the Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Minister of Industry and Trade on elaboration of the Law on chemicals and the Government’s Decree No. 108/2008/ND-CP dated October 07, 2008 elaborating and providing guidelines for certain Articles of the Law on chemicals are abrogated.

Article 6. Article 4 of the Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade elaborating and providing guidelines for some Articles of the Government’s Decree No. 38/2014/ND-CP dated May 06, 2014 on management of chemicals subject to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction is abrogated.

Article 7. The Decision No. 05/2006/QD-BCN dated April 07, 2006 of the Minister of Industry on promulgation of the List of chemicals banned from import and export as regulated in the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006 is abrogated.

Chapter III

INDUSTRIAL EXPLOSIVES

Article 8. Amendments to Circular No. 61/2014/TT-BCT dated December 29, 2014 of Minister of Industry and Trade elaborating and providing guidelines for certain Articles of Government's Decree No. 76/2014/ND-CP dated July 29, 2014 on elaboration of the Ordinance on amendments to the Ordinance on management and use of weapons, explosives and combat gears

1. Article 3, Article 4 and Article 5 of the Circular No. 61/2014/TT-BCT are abrogated.

2. Point b Clause 2 Article 11 of the Circular No. 61/2014/TT-BCT is amended as follows:

 “b) Take charge of examining and issuing certificate of completion of chemical safety training course regarding explosives precursors to the entities defined in Clause 5 Article 11 of the Decree No. 76/2014/ND-CP dated July 29, 2014”.

Article 9. 

1. Article 4, Article 5 and Article 6 of the Circular No. 23/2009/TT-BCT dated August 11, 2009 of the Minister of Industry and Trade elaborating the Government's Decree No. 39/2009/ND-CP dated April 23, 2009 on industrial explosives are abrogated.

2. Clause 3 Article 1 of the Circular No. 26/2012/TT-BCT dated September 21, 2012 of the Minister of Industry and Trade providing amendments to the Circular No. 23/2009/TT-BCT is abrogated.

3. Clause 3 is added to Article 14 of the Circular No. 23/2009/TT-BCT as follows:

 “3. The authorities that issue the license to use industrial explosives shall take charge of examining and evaluating the completion of additional training courses by heads of blasting operation before issuing the license".

Chapter IV

FERTILIZERS

Article 10. Article 5, Article 13 and Appendix No. 1 of the Circular No. 29/2014/TT-BCT dated September 30, 2014 of the Minister of Industry and Trade elaborating and providing guidelines for some Articles on inorganic fertilizers, and guidelines for licensing for production of inorganic fertilizers and production of organic fertilizers and other fertilizers in the Government’s Decree No. 202/2013/ND-CP dated November 27, 2013 on management of fertilizers are abrogated.

Chapter V

GAS BUSINESS

Article 11. Amendments to Circular No. 41/2011/TT-BCT dated December 16, 2011 of Minister of Industry and Trade providing for safety management in the field of liquefied petroleum gas

1. Clause 1 Article 12, Clause 1 Article 17, Clause 1 Article 23, Clause 1 Article 28, Point dd Clause 1 Article 31, Clause 1 and Clause 2 Article 41, Article 43, Clause 1, Clause 2 Article 46, Article 47 of the Circular No. 41/2011/TT-BCT are abrogated.

2. The “Decree No. 107/2009/ND-CP dated November 26, 2009” at the part of legal grounds and other clauses of the Circular No. 41/2011/TT-BCT in which the Decree No. 107/2009/ND-CP is referred to shall be replaced by the “Government’s Decree No. 77/2016/ND-CP dated July 01, 2016”.  

Chapter VI

ENERGY SAVING

Article 12. Article 4, Article 5, Article 6, Appendix and Appendix II of the Circular No. 39/2011/TT-BCT dated October 28, 2011 of the Minister of Industry and Trade providing for certified energy manager/auditor training and certification are abrogated.

Chapter VII

FOOD INDUSTRIES UNDER THE STATE MANAGEMENT OF MINISTRY OF INDUSTRY AND TRADE

Article 13. Regulated entities

1. Food safety requirements laid down in Section 1 through 6 Chapter VI of Decree No. 77/2016/ND-CP do not apply to:

a) Small-scale food production and trading establishments as defined in Clause 1 Article 3 of the Circular No. 58/2014/TT-BCT dated December 22, 2014 of the Minister of Industry and Trade;

b) Street food service providers and vendors.

2. Food safety requirements laid down Section 7 and Section 8 Chapter VI of Decree No. 77/2016/ND-CP do not apply to street food service providers and vendors.

Article 14. Food safety requirements to be satisfied by processed milk production and trading establishments

1. The Circular No. 54/2014/TT-BCT dated December 18, 2014 of the Minister of Industry and Trade on food safety requirements to be satisfied by processed milk production and trading establishments is abrogated.

2. Terms used in Section 4 Chapter VI of Decree No. 77/2016/ND-CP are construed as follows:

a) “processed milk production establishment” includes all material facilities, workshops, machinery, equipment and environmental conditions necessary for the production of processed milk products;

b) “processed milk products” are milk products produced from the milk of mammals with or without added nutrients, food additives, flavoring agents or vitamins.

Article 15. Food safety requirements to be satisfied by beer production and trading establishments

1. The Circular No. 53/2014/TT-BCT dated December 18, 2014 of the Minister of Industry and Trade on food safety requirements to be satisfied by beer production and trading establishments is abrogated.

2. “beer production establishment” referred to in Section 5 Chapter VI of Decree No. 77/2016/ND-CP includes all material facilities, workshops, machinery, equipment, people and environmental conditions necessary for beer production.

Article 16. Food safety requirements to be satisfied by vegetable oil production and trading establishments

1. The Circular No. 59/2014/TT-BCT dated December 22, 2014 of the Minister of Industry and Trade on food safety requirements to be satisfied by vegetable oil production and trading establishments is abrogated.

2. “vegetable oil production establishment” mentioned in Section 5 Chapter VI of Decree No. 77/2016/ND-CP refers to an establishment performing one, some or all stages in the process of producing vegetable oil products, including preparation, processing (cleaning, drying, pressing, extracting and refining), packaging and storage.

Article 17. Amendments to Circular No. 40/2013/TT-BCT dated December 31, 2013 of Minister of Industry and Trade on conditions, order and procedures for designation of food safety reference laboratories under state management of the Ministry of Industry and Trade

1. Chapter II of the Circular No. 40/2013/TT-BCT is abrogated.

2. Normative references in Clause 1 Article 6, Point a and Point b Article 7 and Appendix VII of the Circular No. 40/2013/TT-BCT are amended as follows:

a) The phrase “quy định tại Điều 4 và Điều 5 Thông tư này” (“provisions in Article 4 and Article 5 of this Circular”) is replaced by “Điều 25 Nghị định số 77/2016/NĐ-CP” (“Article 25 of Decree No. 77/2016/ND-CP”);

b) The phrase “quy định tại Điều 5” (“provisions in Article 5”) is replaced by ““Điều 25 Nghị định số 77/2016/NĐ-CP” (“Article 25 of Decree No. 77/2016/ND-CP”).

3. Clause 1 and Clause 3 Article 8 of the Circular No. 40/2013/TT-BCT are amended as follows:

 “1. Assess the compliance and conformity of reference laboratories with the requirements in Article 25 of Decree No. 77/2016/ND-CP;

3. Assessment reports shall be made according to the form provided in Appendix V enclosed with this Circular. If a reference laboratory is required to implement remedial measures for meeting the requirements in Article 25 of Decree No. 77/2016/ND-CP, the Ministry of Industry and Trade shall assign the assessment team to make an inspection visit to the reference laboratory”.

4. Clause 2 Article 13 of the Circular No. 40/2013/TT-BCT is amended as follows: “2. Inspection visit to the reference laboratory:

The Ministry of Industry and Trade shall inform the reference laboratory of the plan for inspection visit to the reference laboratory at least fifteen (15) days before the inspection date. The Ministry of Industry and Trade shall decide the establishment of the inspection team that shall take charge of:

a) Assess the maintenance of the compliance and conformity of management system and capacity of the reference laboratory as regulated in Clause 2 Article 25 of Decree No. 77/2016/ND-CP;”

5. Clause 1 Article 14 is amended as follows:

 “1. The reference laboratories defined in Point e Clause 3 Article 6 shall be exempted from inspection if they meet all requirements in Article 25 of Decree No. 77/2016/ND-CP”.

Article 18.

1. Chapter II of the Circular No. 57/2015/TT-BCT dated December 31, 2015 of the Minister of Industry and Trade on food safety requirements to be satisfied when engaging in small-scale production of foods under the state management of the Ministry of Industry and Trade is abrogated.

2. Article 8 of the Circular No. 57/2015/TT-BCT is amended as follows:

 “Small-scale food producers that meet the requirements in Section 7 of Decree No. 77/2016/ND-CP shall be issued with certificate of satisfaction of food safety requirements by the competent authority that is assigned by the Provincial People’s Committee to take charge of management of food safety in the province”.

Article 19. Responsibility of regulatory authorities to manage the satisfaction of food safety requirements by milk, beer and vegetable oil production and trading establishments

1. The Ministry of Industry and Trade shall assign the Department of Science and Technology to take charge and cooperate with relevant agencies and units to disseminate and provide guidelines for implementation of provisions in Section 2 through 6 of the Decree No. 77/2016/ND-CP nationwide.

2. Each Provincial Department of Industry and Trade shall provide guidelines for and directly implement provisions in Section 2 through 6 Chapter VI of the Decree No. 77/2016/ND-CP in that province.

Chapter VIII

IMPLEMENTATION

Article 20. Effect

1. This Circular comes into force from January 20, 2017.

2. Units affiliated to the Ministry of Industry and Trade and relevant organizations and individuals are responsible for the implementation of this Circular./.

APPENDIX I

APPLICATION FORM FOR CERTIFICATE OF ELIGIBILITY FOR TEMPORARY IMPORT FOR RE-EXPORT
(Enclosed with the Circular No. 27/2016/TT-BCT dated December 05, 2016 of the Minister of Industry and Trade)

Form (1): Used for frozen foods in Appendix III enclosed with the Circular No. 05/2014/TT-BCT dated January 27, 2014 of the Minister of Industry and Trade

APPLICATION FORM

For Certificate of eligibility for temporary import for re-export of frozen foods

To: The Ministry of Industry and Trade

1. Enterprise’s name: ................................................................................................

- Head office’s address: ……………. Tel.:………………….. Fax:……………………….

- Website (if any): ...........................................................................................

- Business registration certificate No.:……………….. Issuing authority:......................... Date of issue:

2. Warehouses used for the temporary import for re-export of frozen foods:

3. Power source for storage of frozen foods:

- Electrical grid (number of substations and capacity of each substation must be specified):

- Standby generator (number of generators, brand, capacity and serial number of each generator must be specified):

- Dedicated sockets (quantity):

4. Attached documents:

- Business registration certificate (or Certificate of enterprise registration): 01 copy bearing the enterprise’s certification and certified true copy stamp.

- The credit institution’s written confirmation of the enterprise’s deposit: 1 original.

- The electricity authority’s certification that the enterprise’s warehouse is capable of operating refrigerated containers as regulated:  1 original.

- Documents proving warehouse and its equipment as prescribed in Section 2 and Section 3 of this form.

We shall take legal responsibility for all documents attached to this form and undertake to comply with regulations on temporary import for re-export of frozen foods.

Form (2): Used for goods subject to excise tax in Appendix IV or used goods specified in Appendix V enclosed with the Circular No. 05/2014/TT-BCT dated January 27, 2014 of the Minister of Industry and Trade

APPLICATION FORM

For Certificate of eligibility for temporary import for re-export of goods subject to excise tax/used goods

To: The Ministry of Industry and Trade

1. Enterprise’s name: ................................................................................................

- Head office’s address: ……………. Tel.:………………….. Fax:……………………….

- Website (if any): ...........................................................................................

- Business registration certificate No.:……………….. Issuing authority:......................... Date of issue:…………..

2. Attached documents:

- Business registration certificate (or Certificate of enterprise registration): 1 copy bearing the enterprise’s certification and certified true copy stamp.

- The credit institution’s written confirmation of the enterprise’s deposit: 1 original.

We shall take legal responsibility for all documents attached to this form and undertake to comply with regulations on temporary import for re-export of goods.

APPENDIX II

CONFIRMATION OF ENTERPRISE’S DEPOSIT
(Enclosed with the Circular No. 27/2016/TT-BCT dated December 05, 2016 of the Minister of Industry and Trade)

CONFIRMATION

OF THE ENTERPRISE’S PAYMENT OF DEPOSIT AS REGULATED IN THE GOVERNMENT'S DECREE NO. 77/2016/ND-CP AND THE CIRCULAR NO. 05/2014/TT-BCT OF THE MINISTER OF INDUSTRY AND TRADE

Name of the credit institution:…………………………………………….

Address: …………………………………………………………….. Tel.:.................................... hereby confirms that:

1. Enterprise’s name: ................................................................................................

- Head office’s address: ……………. Tel.:………………….. Fax:……………………….

- Business registration certificate No.:……………….. Issuing authority:......................... Date of issue:…………………

- Account No.:

Has made deposit of………. into the abovementioned account. 

2. The abovementioned amount has been deposited into the escrow account opened at………… in accordance with the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 and the Circular No. 05/2014/TT-BCT dated January 27, 2014 of the Ministry of Industry and Trade providing for temporary import for re-export, temporary export for re-import and merchanting trade of certain types of goods.

3. This deposited amount shall be used or returned to the enterprise at the written request of the Provincial People’s Committee or the Ministry of Industry and Trade as regulated in the Circular No. 05/2014/TT-BCT of the Ministry of Industry and Trade.