Circular No. 04/2016/TT-BCT Amending and Supplementing Certain Circulars of the Minister of Industry and Trade on administrative procedures in the fields of electronic commerce, chemicals, production and business of alcohol, trademark licensing, trading activities through commodity exchanges, energy, food safety, and electricity.

CIRCULAR

Amending and supplementing some Circulars of the Minister of Industry and Trade on administrative procedures in the fields of e-commerce, chemicals, alcohol production and business, franchisingtrading activities through commodity exchanges, energy, food safety, and electricity franchise, Implementing Directive No. 17/CT-TTg dated June 20, 2014 of the Prime Minister on certain measures to rectify the situation of abuse of requirements for certified true copies of documents when implementing administrative procedures;

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

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

On the basis of Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing certain articles of decrees related to administrative procedure control;

The Minister of Industry and Trade issues this Circular amending and supplementing some Circulars of the Minister of Industry and Trade on administrative procedures in the fields of e-commerce, chemicals, alcohol production and business, franchising, trading activities through commodity exchanges, energy, food safety, and electricity.

At the request of the Director of the Legal Department,

The Minister of Industry and Trade issues the CircularArticle 1. Repealing Circular No. 09/2011/TT-BCT dated March 30, 2011 of the Minister of Industry and Trade on the management and use of digital signatures, certificates, and digital signature certification services of the Ministry of Industry and Trade

Article 2. Repealing, amending, and supplementing some articles of Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Minister of Industry and Trade detailing certain provisions of the Chemical Law and Decree No. 108/2008/NĐ-CP dated October 7, 2008 of the Government guiding the implementation of certain provisions of the Chemical Law

1. Repealing Point c Clause 2 Article 9.

2. Repealing Point c Clause 2 Article 10.

3. Repealing Point d Clause 2 Article 18.

4. Amending and supplementing Point đ Clause 1 Article 9; Point c Clause 1 Article 10; Point đ Clause 1 Article 17; Point c Clause 1 Article 18 as follows:

"A copy of the notification document submitted to the fire prevention and firefighting police agency regarding the assurance of fire prevention and firefighting safety conditions."

5. Amending and supplementing Clause 2 Article 14 as follows:

"2. Within 12 (twelve) days from the date of receiving complete valid files as stipulated in Articles 9, 10, and 11 of this Circular, and within 7 (seven) days from the date of receiving complete valid files as stipulated in Articles 12 and 13 of this Circular, the Department of Industry and Trade shall examine, assess, and issue the Certificate according to the model attached as Appendix 5 to this Circular to organizations and individuals.

In case of refusal to issue the Certificate, the Department of Industry and Trade must provide a written response stating the reasons."

6. Amending the form of "Certified true copy" specified in Points b, c, d Clause 1 Article 9; Point b Clause 1 Article 10; Clause 2 Article 11; Point b Clause 1 Article 13, Point b Clause 2 Article 13; Points b, c, d Clause 1 Article 17; Point b Clause 3 Article 17; Point b Clause 1 Article 18; Point b Clause 3 Article 18; Clauses 2, 5 Article 19; Point b Clause 1 Article 21; Point b Clause 2 Article 21 as follows:

"A copy from the original book or a certified true copy or a copy presented with the original for comparison."

Organizations and individuals directly handling administrative procedures at agencies and organizations have the right to choose to submit one of the three forms of copies above.

Article 3. Amending and supplementing some articles of Circular No. 42/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade on the management and control of precursor chemicals in the industrial sector

1. Amending and supplementing Clause 2 Article 9 as follows:

"2. The Chemicals Department (Ministry of Industry and Trade) is the competent authority to issue export and import permits for industrial precursor chemicals."

2. Amending and supplementing Clause 1 Article 10 as follows:

"1. Organizations and individuals applying for export and import permits for industrial precursor chemicals shall prepare one set of documents and send it to the Chemicals Department via postal service, direct submission, or through the internet."

3. Amending and supplementing Point b Clause 3 Article 10 as follows:

"b) Within 7 (seven) working days from the date of receiving complete valid files as stipulated in Clause 2 of this Article, the Chemicals Department shall examine the file and issue the export and import permit. If not issued, a written response must be provided with the reasons stated."

4. Amending and supplementing Clause 1 Article 12 as follows:

"1. In cases where the validity period specified in the export and import permit as stipulated in Article 11 of this Circular has expired but the export or import has not been completed, the organization or individual must request the Chemicals Department to consider extending the permit."

5. Amending and supplementing Clause 2 Article 12 as follows:

"2. Organizations and individuals applying for an extension of the export and import permit for industrial precursor chemicals shall prepare one set of documents and send it to the Chemicals Department via postal service, direct submission, or through the internet."

6. Amending and supplementing Point b Clause 4 Article 12 as follows:

"b) Within 5 (five) working days from the date of receiving complete valid files as stipulated in Clause 3 of this Article, the Chemicals Department shall examine the file and extend the export and import permit. If not extended, a written response must be provided with the reasons stated."

"b) Within a period of 5 (five) working days from the date of receipt of complete and valid files as prescribed in Clause 3 of this Article, the Chemicals Agency shall examine the file and issue an extension of the Export and Import Permit. In case of non-extension, a written response stating the reasons must be provided."

Article 4. Abolish certain provisions of Circular No. 29/2014/TT-BCT dated September 30, 2014, issued by the Minister of Industry and Trade detailing and guiding the implementation of certain provisions on inorganic fertilizers, guiding the issuance of permits for the simultaneous production of inorganic fertilizers and organic fertilizers and other fertilizers under Decree No. 202/2013/NĐ-CP dated November 27, 2013, of the Government on fertilizer management.

1. Abolish Clause 5, Article 5.

2. Abolish Point k, Clause 1, Article 6.

3. Abolish the item "Trade name" at Article 2 of the List of Inorganic Fertilizers Produced in Appendices 4, 7, 9, and 12.

Article 5. Abolish, amend, and supplement certain provisions of Circular No. 60/2014/TT-BCT dated December 27, 2014, issued by the Minister of Industry and Trade detailing certain provisions of Decree No. 94/2012/NĐ-CP dated November 12, 2012, of the Government on alcohol production and business.

1. Abolish point a, Clause 4, Article 10.

2. Abolish point a, Clause 4, Article 11.

3. Amend and supplement point b, Clause 4, Article 10 as follows:

"b. A description of the form of organization for sales and the method of managing the distribution system."

4. Amend and supplement Clause 7, Article 10; Clause 7, Article 11; Clause 5, Article 12 as follows:

"A copy of the receipt of the declaration of conformity or a copy of the confirmation of compliance with food safety regulations."

5. Amend and supplement point b, Clause 4, Article 11 as follows:

"b. A description of the form of organization for sales and the method of managing the wholesale distribution system."

Article 6. Amend and supplement the provisions on the form of copies in Circular No. 09/2006/TT-BTM dated May 25, 2006, issued by the Ministry of Trade guiding the registration of franchising activities.

Amend and supplement "Copies certified true copies" stipulated in point c, d, Clause 2, Section II as follows:

"Copies from the original book or certified true copies or copies presented together with the original for comparison."

Individuals and organizations directly handling administrative procedures at agencies and organizations have the right to choose to submit one of the three forms of copies above.

Article 7. Amend and supplement the provisions on the form of copies in Circular No. 03/2009/TT-BCT dated February 10, 2009, issued by the Minister of Industry and Trade guiding the dossier, procedure, and process for issuing Trading Commodity Exchange Licenses and reporting systems according to Decree No. 158/2006/NĐ-CP dated December 28, 2006, of the Government detailing the Law on Trade regarding trading commodity exchange activities.

Amend and supplement "Certified true copies" stipulated in point c, Clause 1, Section I; point c, Clause 3, Section I as follows:

"Copies from the original book or certified true copies or copies presented together with the original for comparison."

Individuals and organizations directly handling administrative procedures at agencies and organizations have the right to choose to submit one of the three forms of copies above.

Amend and supplement "Copies certified true copies" stipulated in point b, Clause 2, Article 8 as follows:

"Copies from the original book or certified true copies or copies presented together with the original for comparison."

Individuals and organizations directly handling administrative procedures at agencies and organizations have the right to choose to submit one of the three forms of copies above.

Article 9. Amend and supplement the provisions on the form of copies in Circular No. 40/2012/TT-BCT dated December 21, 2012, issued by the Minister of Industry and Trade regulating the issuance of certificates confirming the content of advertisements under the management responsibility of the Ministry of Industry and Trade.

Amend and supplement "Certified true copies" stipulated in point b, c, d, Clause 1, Article 8 as follows:

"Copies from the original book or certified true copies or copies presented together with the original for comparison."

Individuals and organizations directly handling administrative procedures at agencies and organizations have the right to choose to submit one of the three forms of copies above.

Article 10. Amend and supplement the provisions on the form of certified copies in Circular No. 27/2013/TT-BCT dated October 31, 2013, issued by the Minister of Industry and Trade regarding electricity operation inspection and electricity usage, dispute resolution in power purchase and sale contracts.

Amend and supplement the provision on "Certified copy" stipulated in Point c Clause 1 Article 12; Point c Clause 3 Article 26 as follows:

"Copies from the original book or certified true copies or copies presented together with the original for comparison."

Individuals and organizations directly handling administrative procedures at agencies and organizations have the right to choose to submit one of the three forms of copies above.

Article 11. Amend and supplement the provisions on the form of certified copies in Circular No. 47/2014/TT-BCT dated December 5, 2014, issued by the Minister of Industry and Trade concerning the management of electronic commerce websites.

Amend and supplement the provision on "Certified copy with authentication" stipulated in Clause 2 Article 14; Clause 2 Article 22 specifically as follows:

"Copies from the original book or certified true copies or copies presented together with the original for comparison."

Individuals and organizations directly handling administrative procedures at agencies and organizations have the right to choose to submit one of the three forms of copies above.

Article 12. Effective Date

This Circular takes effect from July 20, 2016. During implementation, if there are any difficulties, organizations and individuals shall submit their opinions to the Ministry of Industry and Trade for examination and guidance on resolution./.