Consolidated Document number 05/VBHN-BCT Circular amending and supplementing certain provisions on the delegation of administrative procedures implementation in fields under the management of the Ministry of Industry and Trade.

 

CIRCULAR

Amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade

 

Circular No. 38/2025/TT-BCT dated June 19, 2025, issued by the Minister of Industry and Trade amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade, which shall take effect from June 19, 2025, has been amended and supplemented by:

1. Circular No. 53/2025/TT-BCT dated November 14, 2025, issued by the Minister of Industry and Trade providing for training and issuing certificates for energy managers and energy auditors, which shall take effect from January 1, 2026;

2. Circular No. 01/2026/TT-BCT dated January 17, 2026, issued by the Minister of Industry and Trade detailing and guiding the implementation of certain articles of the Chemicals Law and Decree No. 26/2026/NĐ-CP of the Government detailing and guiding the implementation of certain articles of the Chemicals Law regarding the management of chemical activities and hazardous chemicals in products and goods, which shall take effect from January 17, 2026.

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation in the field of industry and trade;

Pursuant to Decree No. 139/2025/NĐ-CP dated June 12, 2025 of the Government on the division of authority of local governments at two levels in the field of state management of the Ministry of Industry and Trade;

At the proposal of the Director of the Office of the Ministry,

The Minister of Industry and Trade promulgates the Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade."

The Minister of Industry and Trade issues a circular to amend and supplement certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade ^[1] .

Chapter I. INDUSTRIAL EXPLOSIVES AND PRECURSOR CHEMICALS FOR EXPLOSIVES

Article 1. Amending and supplementing certain articles of Circular No. 23/2024/TT-BCT dated November 7, 2024, issued by the Minister of Industry and Trade, concerning the management and use of industrial explosives and precursor chemicals for explosives within the jurisdiction of the Ministry of Industry and Trade

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

“1. The Department of Industrial Safety and Environmental Protection shall issue, reissue, and amend licenses for blasting services on the continental shelf or blasting services with nationwide scope.”

2. Amending and supplementing Point c Clause 2 Article 4 as follows:

“c) Issuing, reissuing, and amending licenses for the use of industrial explosives for organizations and enterprises researching or testing industrial explosives or holding mining permits issued by the Ministry of Agriculture and Environment, except for organizations and enterprises under the management of the Ministry of National Defense.”

3. Amending and supplementing Clause 4 Article 4 as follows:

“4. Authority of the Provincial People's Committee

a) Issuing, reissuing, and amending licenses for the use of industrial explosives for organizations and enterprises using industrial explosives within their jurisdiction, except for organizations specified in Point c Clause 2 of this Article and those under the management of the Ministry of National Defense;

b) Issuing and amending certificates of eligibility for production of precursor chemicals for explosives.”

4. Amending and supplementing Point a Clause 4 Article 17 as follows:

“a) Reporting to the Public Security Police Station and the Provincial People's Committee where the activity involving industrial explosives and precursor chemicals takes place within 24 hours upon discovery of unauthorized entry into areas storing industrial explosives and precursor chemicals, theft, loss, or accidents during the handling of industrial explosives and precursor chemicals.”

5. Amending Point b Clause 1 Article 18 as follows:

“b) Taking the lead in organizing inspections and handling violations by organizations, enterprises, and individuals related to the management and use of industrial explosives and the production of precursor chemicals for explosives as prescribed by law;”

6. Amending Point e Clause 1 Article 18 as follows:

“e) Performing state management functions of specialized agencies regarding construction and fire prevention and control for facilities producing and storing industrial explosives and precursor chemicals according to the authority stipulated by laws on construction and fire prevention and control;”

7. Supplementing Points h, i, k Clause 1 Article 18 as follows:

“h) Receiving new registrations and supplementary registrations as provided for in Articles 6 and 7 of this Circular;

i) Leading and coordinating with relevant agencies and organizations to propose amendments and supplements to the list of industrial explosives;

k) Leading the development of technical standards and quality regulations for industrial explosives.”

8. Supplementing Point e Clause 2 Article 18 as follows:

“e) Leading the development of technical standards and quality regulations for precursor chemicals for explosives.”

9. Amending and supplementing the title of Article 19 as follows:

“Article 19. Responsibilities of Provincial People's Committees”.

10. Amending and supplementing Clause 4, Clause 5 Article 19 as follows:

“4. Reporting to the Ministry of Industry and Trade:

a) The situation of management and use of industrial explosives and precursor chemicals in the province before June 30 for semi-annual reports, and before December 30 for annual reports, as prescribed in Model 03 of Appendix X attached to this Circular;

b) Within 24 hours after receiving an urgent report from organizations and enterprises as stipulated in Clause 4 of Article 17 of this Circular, reporting according to Model 05 of Appendix X attached to this Circular.

5. Performing state management functions regarding construction and fire prevention and control at local level for facilities producing and storing industrial explosives and precursor chemicals according to the authority stipulated by laws on construction and fire prevention and control.”

11. Replacing the term "Department of Industry and Trade" with the term "Provincial People's Committee" as provided in Point a Clause 2, Point a Clause 4 Article 11; Point b Clause 1, Points b and c Clause 2, Point b Clause 4 Article 17.

12. Replacing the term “Science and Technology Department” with the phrase “Department of Industrial Safety and Environmental Protection” as provided in Point c Clause 3, Clause 5 Article 6; Point c Clause 2, Points a and d Clause 3 Article 7; Point d Clause 2 Article 11.

13. Amending the title of Model 03 of Appendix X as follows:

“Model 03. Periodic Report of the Provincial People's Committee.”

14. Amending the title of Model 05 of Appendix X as follows:

“Model 05. Urgent Report of the Provincial People's Committee.”

Chapter II. FIELD OF LABOR SAFETY AND HYGIENE

Article 2. Amend Clause 1 of Article 3 of Circular No. 37/2018/TT-BCT dated October 25, 2018, issued by the Minister of Industry and Trade to amend, supplement, and abolish certain provisions on labor safety management and technical inspection under the Ministry of Industry and Trade’s jurisdiction.

"1. The Industrial Safety and Environment Technology Department shall implement issuance, extension, reissuance, and revocation of certificates confirming eligibility for technical inspection of labor safety."

Chapter III. FIELD OF GAS BUSINESS

Article 3. Supplement Clause 1a to Article 3 of Circular No. 37/2018/TT-BCT dated October 25, 2018, issued by the Minister of Industry and Trade to amend, supplement, and abolish certain provisions on labor safety management and technical inspection under the Ministry of Industry and Trade’s jurisdiction.

"1a. Provincial People's Committees shall implement issuance, reissuance, adjustment, and revocation of certificates confirming eligibility for production and repair of LPG cylinders and certificates confirming eligibility for production of mini LPG cylinders."

Chapter IV. FIELD OF OIL AND GAS

Article 4. Amend and supplement some articles of Circular No. 40/2018/TT-BCT dated October 30, 2018, issued by the Minister of Industry and Trade on the establishment and contents of safety management documents in oil and gas activities.

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Time of establishing safety management documents

1. Safety management programs shall be implemented:

a) Before operation.

b) Before modification, change in capacity, technology, dismantling of facilities upon completion of exploitation or project termination, or change in safety policy and safety management system.

2. Risk assessment reports shall be implemented:

a) At the basic design stage.

b) Before operation (in case of changes from the design).

c) Before modification, expansion in scale with increased capacity, change in technology, dismantling of facilities upon completion of exploitation or project termination, or change in safety policy and safety management system.

d) Updated every five years.

3. Emergency response plans shall be implemented.

a) Before operation.

b) Before modification, expansion in scale with increased capacity, change in technology, dismantling of facilities upon completion of exploitation or project termination, or change in safety policy and safety management system."

2. Amend Article 27 as follows:

"Article 27. Responsibilities of the Industrial Safety and Environment Technology Department

1. Approve safety management documents for oil and gas projects within the scope defined by construction laws regarding the Ministry of Industry and Trade’s authority to review feasibility studies for investment construction projects.

2. Guide the implementation of this Circular.

3. Inspect, handle violations, and resolve complaints and denunciations according to their authority over safety management in oil and gas activities as stipulated by law."

3. Amend Article 28 as follows:

"Article 28. Responsibilities of Provincial People's Committees

1. Approve safety management documents for oil and gas projects within their jurisdiction except those specified in Clause 1 of Article 27 of this Circular.

2. Conduct inspections, handle violations, resolve complaints and denunciations, and ensure compliance with the contents of safety management documents in oil and gas activities within their jurisdiction as stipulated by law."

4. Amend Clause 1 of Article 29 as follows:

"1. Organizations and individuals engaged in oil and gas activities as specified in Clause 1 of Article 3 of this Circular shall be responsible for developing safety management documents including periodic risk assessment reports as stipulated in Clause 2 of Article 4 of this Circular, and bear legal responsibility for the accuracy of information, documents, and results during the development of safety management documents; they shall also be responsible for implementing measures and plans to ensure safety for projects and facilities; organize emergency response drills as outlined in the safety management documents."

Article 5. The分级实施行政程序关于批准管理石油天然气勘探钻探活动、新建或改造油气设施以及清理油气设施的文件的规定。

The Minister of Industry and Trade delegates to the General Department of Industrial Safety and Environment the authority to approve management safety documents for oil and gas exploration drilling activities, new construction or renovation of oil and gas facilities, and clearance of oil and gas facilities, in accordance with Article 40 of Decree No. 45/2023/NĐ-CP dated July 1, 2023, detailing certain provisions of the Petroleum Law.

Chapter V. AREA OF DAM AND RESERVOIR SAFETY FOR HYDROPOWER

Article 6. The分级实施与水电站水库运行规程相关的行政程序。

The Minister of Industry and Trade delegates to the General Department of Industrial Safety and Environment the responsibility to review, approve, and amend the operation procedures of particularly important special reservoirs and hydropower projects located in two or more provincial administrative units, as stipulated in Point a, Clause 5, Article 76, and Clause 2, Article 77 of the Electricity Law.

Chapter VI. CHEMICALS FIELD

Article 7. ^[2] (Repealed)

Article 8. The分级实施危险货物运输的行政程序。

1. The Chemicals Administration is responsible for receiving applications, reviewing, issuing, reissuing, and revoking permits for the transport of dangerous goods categories 5 and 8, as specified in Clause 1, Article 4 of Decree No. 161/2024/NĐ-CP on the List of Dangerous Goods, Transport of Dangerous Goods, and Procedures for Issuing Permits and Certificates of Completion of Training Programs for Drivers or Escorts Transporting Dangerous Goods on Roads; Point b, e, g, Clause 4, Clause 6, Article 44 of Decree No. 105/2025/NĐ-CP dated May 15, 2025, detailing certain provisions and measures to implement the Law on Fire Prevention, Firefighting, and Rescue.

2. The General Department of Industrial Safety and Environment is responsible for receiving applications, reviewing, issuing, reissuing, and revoking permits for the transport of dangerous goods categories 1 (excluding industrial explosives), 2, 3, 4, and 9, as specified in Clause 1, Article 4 of Decree No. 161/2024/NĐ-CP on the List of Dangerous Goods, Transport of Dangerous Goods, and Procedures for Issuing Permits and Certificates of Completion of Training Programs for Drivers or Escorts Transporting Dangerous Goods on Roads; Point b, Clause 4, Clause 6, Article 44 of Decree No. 105/2025/NĐ-CP dated May 15, 2025, detailing certain provisions and measures to implement the Law on Fire Prevention, Firefighting, and Rescue.

Chapter VII. FIELD OF PRODUCT AND COMMODITY QUALITY

Article 9. Amending and supplementing Article 19 of Circular No. 02/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade on the protection of power facilities and safety in the power sector.

“Article 19. Responsibilities of Provincial People's Committees

1. Provincial People's Committees shall issue new, supplementary, amended, reissued, and revoke Certificates of Registration for Inspection Activities of Electrical Equipment Safety Technology in accordance with laws on product and commodity quality.

The procedures for issuing new, supplementary, amended, and reissued Certificates of Registration for Inspection Activities of Electrical Equipment Safety Technology are stipulated in Articles 10, 11, and 12 of Decree No. 107/2016/NĐ-CP dated July 1, 2016, on business conditions for conformity assessment services (amended and supplemented by Clause 3, Article 3 of Decree No. 154/2018/NĐ-CP dated November 9, 2018, amending, supplementing, and abolishing certain regulations on investment and business conditions under the Ministry of Science and Technology's management) and laws on specialized inspections.

2. Provincial People's Committees shall publicly announce on their provincial government websites the list of inspection organizations and information about the Ministry of Science and Technology and the Ministry of Industry and Trade within fifteen days from the date of issuance of the Certificate of Registration for Inspection Activities of Electrical Equipment Safety Technology.

3. Within their scope of authority, they are responsible for inspecting and supervising the inspection activities of electrical equipment safety technology of inspection organizations, organizations, and individuals using or operating electrical equipment within their jurisdiction.”

Article 10. Amend and supplement some articles of Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade on the management of product and commodity quality under the responsibility of the Ministry of Industry and Trade.

1. Unit prices for construction projects published by the People's Committee of the province in accordance with Clause 2, Article 26 of Decree No. 10/2021/NĐ-CP serve as the basis for determining and managing construction investment costs within the province. The unit prices for construction projects published by the People's Committee of the province are determined based on construction norms issued by competent authorities and the cost factors' prices specified in Clause 3, Clause 4, and Clause 5 of this Article, consistent with the time of determining the unit price for construction projects. Cost factors' prices include: material prices, labor unit prices, machinery and equipment rental prices.

a) Amending and supplementing Point b Clause 1 as follows:

“b) An organization for conformity assessment that is evaluated and designated by the competent authority when meeting the conditions stipulated in Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government and amended and supplemented by Decree No. 154/2018/NĐ-CP dated November 9, 2018 of the Government.”

b) Amend and supplement Clause 2 as follows:

“2. Organizations for conformity assessment that have registered their fields of operation or been designated by the competent authority must comply with regulations on conformity assessment activities and be subject to inspection and supervision by the competent authority that has issued the Registration Certificate for the field of operation or designation.”

The list of organizations for conformity assessment that have registered their fields of operation or been designated by the competent authority shall be published on the website of the competent authority that has issued the Registration Certificate for the field of operation or designation.

2. Amend and supplement Point c Clause 2 Article 11 as follows:

“c) The results of certification and testing by organizations for certification and testing that are designated by the competent authority.”

3. Amend and supplement Clause 2 Article 12 as follows:

“2. When declaring compliance, organizations and individuals engaged in production, business, and import must register the declaration of compliance with the People's Committee of the province or centrally-administered city where they have registered their production, business, or import activities.”

4. Amendment and supplementation of Article 13 as follows:

“Article 13. Responsibilities of the Department of Innovation, Green Transition, and Handicraft Promotion.

1. Advise the Minister of Industry and Trade to perform the function of being the focal point for state management of product and commodity quality.

2. Summarize the situation of product and commodity quality inspection results and report to the leadership of the Ministry of Industry and Trade.

3. Be responsible for urging, guiding, and inspecting the implementation of this Circular.

5. Amending and supplementing Article 14 as follows:

“Article 14. Responsibilities of the Provincial People's Committees

1. Implement procedures for issuing, amending, supplementing, reissuing Certificates of Registration for Conformity Assessment Activities (including testing, certification, appraisal, and quality inspection of products and commodities); Inspect and supervise the activities of organizations for conformity assessment that have been issued certificates; Handle violations according to the law.

2. Implement procedures for issuing, amending, supplementing, reissuing decisions designating organizations for conformity assessment to conduct testing, certification, appraisal, and quality inspection of products and commodities; Inspect and supervise the activities of organizations for conformity assessment that have been designated; Handle violations according to the law.

3. Update the List of organizations for conformity assessment that have been issued, amended, supplemented, reissued Certificates of Registration for Conformity Assessment Activities; issue, amend, supplement, reissue decisions designating organizations for conformity assessment on the local information website.

4. Issue notifications of receipt of declarations of compliance and manage declarations of compliance for products and commodities.

5. Organize and coordinate with relevant agencies to implement product and commodity quality management (including quality management during production, export, import, circulation in the market, and during use); Handle violations related to product and commodity quality within the scope of assigned management according to the Law on Product and Commodity Quality and related legal documents.

6. Report to the Ministry of Industry and Trade on the situation of product and commodity quality management within the scope of assigned management (annual reports and ad hoc reports).”

6. Amend and supplement Article 16 as follows:

“Article 16. The Chemicals Department shall organize the implementation of quality inspections for products and goods in Group 2 imported as explosive precursors and industrial explosives listed in Appendix 1 of the Catalogue of Products and Goods with Potential to Cause Safety Risks under the management responsibility of the Ministry of Industry and Trade issued together with Circular No. 41/2023/TT-BCT dated December 28, 2023. The model notification of the state inspection results on the quality of imported goods in Group 2 is detailed in Model No. 03 of the Appendix issued together with Decree No. 74/2018/NĐ-CP."

7. Amend and supplement Clause 2 of Article 18 as follows:

“2. Annually on December 15 or at any time upon request, report the results of conformity assessment activities designated according to Model No. 11 of the Appendix issued together with Decree No. 74/2018/NĐ-CP to the competent authority that has designated such activities for consolidation.”

Chapter VIII. TRADE INSPECTION SECTOR

Article 11. Amend and supplement certain provisions of Circular No. 01/2015/TT-BCT dated January 15, 2015, issued by the Minister of Industry and Trade, stipulating procedures for registering trade inspection business seals.

“1. The agency responsible for registering trade inspection business seals for traders engaged in trade inspection services is the People's Committee of the province where the trader is registered for business.”

2. Amending and supplementing Article 7 as follows:

Article 7. Responsibilities of the People's Committee of the Province

“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”

“1. Publish the List of traders who have registered trade inspection business seals on the provincial People's Committee’s electronic portal, including the following information: name of the trader; main office address; trade inspection service areas registered by each trader and other related information (if any).

2. Based on legal regulations and state management tasks set out in this Circular and other relevant legal provisions, implement the registration of trade inspection business seals for traders.

3. Before January 30 each year, the People's Committee of the province shall be responsible for reporting to the Ministry of Industry and Trade the list of traders who have registered business seals; their main office addresses; and the trade inspection service areas registered by each trader (if any).”

3. Replace the term "Department of Science and Technology" with the term "Innovation, Green Transition and Small and Medium Enterprise Promotion Bureau"

in Circular No. 01/2015/TT-BCT.4. Replace the term "Department of Industry and Trade" with the term "People's Committee" in the Appendix issued together with Circular No. 01/2015/TT-BCT.” Chapter IX. ENERGY EFFICIENT USE AND CONSERVATION SECTOR

Article 12. Amend and supplement certain provisions of Circular No. 36/2016/TT-BCT dated December 28, 2016, issued by the Minister of Industry and Trade, stipulating energy labeling for vehicles and equipment using energy under the management of the Ministry of Industry and Trade.

Article 5. Energy Label Registration

1. Prior to bringing vehicles and equipment to market, the enterprise producing or importing such vehicles and equipment must prepare one set of energy label registration documents and submit it to the Innovation, Green Transition and Small and Medium Enterprise Promotion Bureau.”

1. Amending and supplementing Clause 1 of Article 5 as follows:

“Article 6. Energy Labeling

1. After submitting the energy label registration documents to the Innovation, Green Transition and Small and Medium Enterprise Promotion Bureau, the enterprise may independently carry out energy labeling in accordance with the information in the Energy Label Declaration Certificate for the registered product. The enterprise shall bear responsibility for the accuracy and truthfulness of the information declared in the Energy Label Declaration Certificate and displayed on the energy label.”

2. Amending and supplementing Clause 1 of Article 6 as follows:

“3. Amend and supplement Clause 2, Clause 3 of Article 8 as follows:

“2. By January 15 each year, enterprises implementing energy labeling shall be responsible for preparing reports on the quantity and types of vehicles and equipment produced, sold, and labeled with energy labels during the year according to the form in Appendix 3 attached to this Circular and submit them to the Innovation, Green Transition and Small and Medium Enterprise Promotion Bureau and the Department of Industry and Trade.

3. By January 15 each year, testing organizations shall be responsible for preparing reports on the quantity and types of vehicles and equipment tested for energy labeling according to the form in Appendix 4 attached to this Circular and submit them to the Innovation, Green Transition and Small and Medium Enterprise Promotion Bureau.”

4. Replace Appendices 1, 3, 4 of Circular No. 36/2016/TT-BCT with corresponding appendices at Models No. 01, 02, 03 Part III of Appendix I issued together with this Circular.

3. Before January 15 each year, testing organizations responsible for establishing reports on the quantity and types of vehicles and equipment that have been tested for energy labeling according to the model attached as Appendix 4 to this Circular shall submit such reports to the Department of Innovation, Green Transition, and Promotional Industry.

Replace Appendices 1, 3, and 4 of Circular No. 36/2016/TT-BCT with the corresponding appendices at Model Nos. 01, 02, and 03, Part III of Appendix I issued together with this Circular.

Article 13. [3] (Repealed)

Article 14. Amend and supplement some articles of Circular No. 42/2019/TT-BCT dated December 18, 2019 issued by the Minister of Industry and Trade amending and supplementing certain provisions on periodic reporting regimes in circulars issued by the Minister of Industry and Trade or jointly issued.

1. Amend the phrase "Ministry of Industry and Trade (Department of Energy Saving and Sustainable Development)" to the phrase "Agency for Innovation, Green Transition and Promoting Small and Medium Enterprises" in Articles 1, 2, 3, 4, 5, 6, and 7 of the Circular.

2. Replace Appendix 5 of Circular No. 42/2019/TT-BCT with the corresponding appendix at Model No. 06, Part III of Appendix I promulgated together with this Circular.

Chapter X. FOOD SAFETY SECTOR

Article 15. Amend and supplement some articles of Circular No. 40/2013/TT-BCT dated December 31, 2013 issued by the Minister of Industry and Trade stipulating conditions and procedures for designating testing and verification facilities for food safety under the management responsibility of the Ministry of Industry and Trade.

1. Amend Clause 1, Clause 2 of Article 6 as follows:

“1. Testing facilities that meet the requirements prescribed in Article 25 of Decree No. 77/2016/NĐ-CP shall submit one (01) set of registration dossier to the People's Committee of the province in accordance with Clause 3 of this Article. The dossier can be submitted directly, through postal services, or online (on the National Public Service Portal or the Information System for Administrative Procedures of the People's Committee of the province).

2. The People's Committee of the province shall take the lead and coordinate with relevant units to assess testing and verification facilities regarding their capacity to perform food safety verification tasks assigned to them.”

2. Amend Article 20 as follows:

“Article 20. Implementation

The Ministry of Industry and Trade shall be responsible for coordinating with relevant units and the People's Committee of the province to guide the implementation of this Circular.

Any difficulties encountered during the implementation process should be promptly reported to the Ministry of Industry and Trade and the People's Committee of the province for study and resolution./.

3. Replace the phrase "Ministry of Industry and Trade" in Article 7, Article 8, Article 9, Article 10, Article 11, the salutation part of Appendix I, Appendix IX, and the recipient part of Appendix VIII with "People's Committee of the province".

4. Replace Appendices V and VI of Circular No. 40/2013/TT-BCT with the corresponding appendices at Model No. 03, Model No. 01, Part I of Appendix I promulgated together with this Circular.

Article 16. Amend and supplement some articles of Circular No. 43/2018/TT-BCT dated November 15, 2018 issued by the Minister of Industry and Trade stipulating food safety management under the responsibility of the Ministry of Industry and Trade.

1. Amend the title of Clause 1 of Article 6 as follows:

“1. The Minister of Industry and Trade delegates to the People's Committee of the province the issuance of Certificates for:”

2. Amend the title of Clause 2 of Article 6 as follows:

“2. The People's Committee of the province issues Certificates for:”

3. Amend Clause 1, Clause 2 of Article 23 as follows:

“1. Responsibilities of the Ministry of Industry and Trade

The Ministry of Industry and Trade shall be responsible for coordinating with relevant units and the People's Committee of the province to guide the implementation of this Circular.

2. Responsibilities of Provincial People's Committees

a) Receiving and checking the validity of the dossier, conducting on-site inspections at the facility, and deciding to issue Food Safety Assurance Certificates for facilities meeting the conditions specified in Clause 2 of Article 6 of this Circular based on local circumstances;

b) Receiving and checking the validity of the registration dossier, organizing evaluations, reviewing, and deciding to assign or designate state inspection agencies for imported food products; designating testing facilities for food products serving state management within the designated management area;

c) Receiving and checking the validity of the dossier, conducting on-site inspections at the facility, and issuing Food Safety Assurance Certificates for business establishments specified in points b and d of Clause 1 of Article 6 of this Circular;

d) Annually reporting to the Ministry of Industry and Trade the results of issuing Food Safety Assurance Certificates for production and business establishments specified in Clauses 1 and 2 of Article 6 of this Circular; the list of establishments under the state management responsibility of the Ministry of Industry and Trade not required to obtain Food Safety Assurance Certificates according to Article 12 of Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing the implementation of certain provisions of the Law on Food Safety; reporting the results of recalling and handling recalled products according to mandatory recall decisions made by competent authorities at the local level; the results of assigning state inspection agencies for imported food products; designating testing facilities for food products serving state management within the designated management area.”

4. Replace the phrase "Ministry of Industry and Trade" with the phrase "People's Committee of the province" in point b of Clause 3 of Article 6.

5. Amend Article 10 as follows:

Article 10. State Inspection Agency for Imported Food Products Organizations operating service conformity assessment businesses in Vietnam, which have been assessed as meeting the necessary conditions for operating certification or inspection services according to Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government, may be considered by the People's Committee of the province for assignment or designation as the State Inspection Agency for Imported Food Products under the state management responsibility of the Ministry of Industry and Trade.”

Organizations operating business services for conformity assessment activities within the territory of Vietnam, which are assessed as meeting the necessary capacity conditions for business service certification or inspection activities as stipulated in Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government, shall be considered by provincial People's Committees for assignment or designation as State Food Safety Inspection Agencies for imported food products under the management of the Ministry of Industry and Trade.

  Article 17. Amend Article 19 of Circular No. 27/2016/TT-BCT dated December 5, 2016 issued by the Minister of Industry and Trade to amend, supplement, and abolish certain regulatory legal documents governing investment conditions in some sectors under the management of the Ministry of Industry and Trade.

“Article 19. Responsibilities of state administrative agencies in ensuring food safety for milk, beer, and vegetable oil production and business establishments.

1. The Ministry of Industry and Trade delegates tasks and authorities to the People's Committee of provinces to take the lead and coordinate with relevant units and organizations to disseminate and guide the implementation of Points 2, 3, 4, 5, and 6 of Decree No. 77/2016/NĐ-CP nationwide.

2. The People's Committee of provinces shall be responsible for implementing Points 2, 3, 4, 5, and 6 of Chapter VI of Decree No. 77/2016/NĐ-CP at the local level."

Article 18. Amend and supplement certain articles of Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT on conditions and procedures for designating food testing facilities to serve state management.

1. Add Article 21a before Article 21

"Article 21a. Responsibilities of the Ministry of Industry and Trade

The Ministry of Industry and Trade delegates tasks and authorities to the People's Committee of provinces, which is the state management agency for food testing, to organize the acceptance of registration files, evaluation, designation, inspection, and supervision of testing facilities corresponding to the scope of state management over food safety assigned to them."

2. Replace Appendix 6 of Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT with the corresponding appendix at Model No. 02 Part I of Appendix I promulgated together with this Circular.

Chapter XI. EXPORT AND IMPORT SECTOR

Article 19. Amend and supplement certain contents of Circular No. 22/2009/TT-BCT dated August 4, 2009 issued by the Minister of Industry and Trade on the transit of goods from the Lao People's Democratic Republic through the territory of the Socialist Republic of Vietnam.

1. Amend and supplement Point b Clause 1 Article 1 as follows:

“b. A request for permission to transit goods from the Minister of Industry and Trade of the Lao People's Democratic Republic (original copy).”

Based on the application for permission to transit submitted by the consignor, the Ministry of Industry and Trade seeks opinions from the Ministry of National Defense and the Ministry of Public Security.

On the basis of the opinions of the Ministry of National Defense and the Ministry of Public Security, the Ministry of Industry and Trade responds in writing so that the consignor is aware and can implement.

2. Amend and supplement Clause 4 Article 1 as follows:

“4. The form of submission of the application specified in Clauses 1 and 2 of Article 1 of this Circular includes direct submission, submission via postal service, or online at the Ministry of Industry and Trade’s public service portal.”

3. Amend and supplement Clause 1 Article 3 as follows:

“1. The Minister of Industry and Trade delegates to the Department of Import-Export to accept, review applications, and issue and extend transit permits as stipulated in Clause 2 of Article 1 and Article 2 of this Circular.”

4. Amending and supplementing Article 4 as follows:

"Other types of goods not falling within the cases prescribed in Article 1 of this Circular, when transiting through the border gates specified in Article 6 of the Agreement, the consignor or carrier only needs to handle customs procedures for the goods at the customs office, without requiring a transit permit."

5. Replace the phrase “Management of Export-Import in Region…” with "[Issuing Authority]" in Appendix 2, Appendix 3, Appendix 5, Appendix 6A, and Appendix 6B.

Article 20. Amend, supplement, and replace certain contents of Circular No. 27/2014/TT-BCT dated September 4, 2014, issued by the Minister of Industry and Trade on the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam.

2. Amending and supplementing Article 7 as follows:

"1. For goods that are weapons, ammunition, explosives, and military equipment for security and defense purposes as stipulated in Clause 3, Article 4 of the Agreement, the consignor shall submit an Application for Permission to Transit Goods (in accordance with the form prescribed in Appendix I issued together with Circular No. 24/2024/TT-BCT dated November 8, 2024, amending and supplementing certain provisions of Circular No. 27/2014/TT-BCT dated September 4, 2014, issued by the Minister of Industry and Trade on the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam) to the Ministry of Industry and Trade.

In cases where the dossier is incomplete or does not comply with regulations, within three working days from the date of receiving the dossier, the Ministry of Industry and Trade shall issue a document requesting the consignor to complete the dossier.

Within five working days from the date of receiving a complete and compliant dossier from the consignor, the Ministry of Industry and Trade shall issue a document seeking opinions from the Ministry of National Defense and the Ministry of Public Security.

Within five working days from the date of receiving the document seeking opinions from the Ministry of Industry and Trade, the Ministry of National Defense and the Ministry of Public Security shall issue a reply.

Within five working days from the date of receiving the opinions of the Ministry of National Defense and the Ministry of Public Security, the Ministry of Industry and Trade shall issue a reply to the consignor; in cases where approval is not granted, the reasons must be clearly stated."

2. Replace the phrase "Management Department for Import and Export in Ho Chi Minh City (Export Import Department - Ministry of Industry and Trade)" with the phrase "Export Import Department - Ministry of Industry and Trade" in Clause 2, Article 3 and Article 5.

Article 21. Amend, supplement, and replace certain contents of Circular No. 24/2024/TT-BCT dated November 8, 2024, issued by the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 27/2014/TT-BCT dated September 4, 2014, issued by the Minister of Industry and Trade on the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam.

1. Amend Clause 4, Article 1 as follows:

"4. Amend Article 15 as follows:

“Article 15. Implementation Organization

1. The Export Import Department shall receive and review the dossier as prescribed in Clause 1, Clause 3, Clause 4, Article 3; Clause 4, Article 12 of this Circular and submit it to the leadership of the Ministry of Industry and Trade for consideration and decision.

2. The Minister of Industry and Trade shall delegate authority to the Export Import Department to receive and review the dossier and implement the issuance of transit permits as prescribed in Clause 2, Article 3 of this Circular."

2. Amend Clause 4, Article 2 as follows:

"Abolish the phrase 'Address: 12 Vo Van Kiet Street, District 1, Ho Chi Minh City, Vietnam' in Clause 2, Article 3."

3. Replace the phrase "Management Department for Import and Export in Ho Chi Minh City" with the phrase "[Issuing Authority]" in Appendix III and Appendix IV.

Article 22. Amend, supplement, and replace certain contents of Circular No. 11/2015/TT-BCT dated June 4, 2015, issued by the Minister of Industry and Trade on the transit of goods of the People's Republic of China through the territory of the Socialist Republic of Vietnam.

1. Amend and supplement Article 5 as follows:

“Article 5. Competence to process applications and form of application submission

1. The Minister of Industry and Trade delegates to the Import-Export Department the authority to receive, examine applications and issue transit permits for goods specified in Clause 2, Article 3 of this Circular (excluding industrial explosives).

2. The Import-Export Department shall receive, examine applications for the transit of industrial explosives and submit them to the leadership of the Ministry of Industry and Trade for consideration and decision.

3. The forms of application submission prescribed in Clause 2, Article 3, Article 13, Article 14, and Article 15 of this Circular include direct submission, through postal services, or online via the Ministry of Industry and Trade's public service portal.

2. Amend and supplement Clause 2 of Article 6 as follows:

“2. For the procedure of issuing transit permits for industrial explosives, the procedures and time limits for processing applications are as follows:

a) In cases where the application is incomplete or does not comply with regulations, within three working days from the date of receipt of the application, the Ministry of Industry and Trade shall issue a written request for the applicant to complete the application.

b) Within five working days from the date of receiving a complete and compliant application from the applicant, the Ministry of Industry and Trade shall issue a written request for comments from the Ministry of National Defense and the Ministry of Public Security. Within five working days from the date of receiving the request for comments from the Ministry of Industry and Trade, the Ministry of National Defense and the Ministry of Public Security shall provide their responses in writing.

c) Within five working days from the date of receiving comments from the Ministry of National Defense and the Ministry of Public Security, the Ministry of Industry and Trade shall issue a written response to the applicant, specifying the reasons if the application is not approved.”

3. Amend and supplement Clause 1 of Article 18 as follows:

“1. The Import-Export Department under the Ministry of Industry and Trade shall issue transit permits for goods as prescribed in Clause 1 of Article 6 of this Circular.”

4. Replace the phrase "Department of Export-Import Management..." with "[Issuing Authority]" in Appendix II.

Article 23. Supplement and replace certain contents of Circular No. 37/2013/TT-BCT dated December 30, 2013, issued by the Minister of Industry and Trade on the importation of cigarettes and cigars

1. Add Clause 1a to Article 9 as follows:

“1a. The Minister of Industry and Trade delegates to the People's Committee of the province where the trader has its main office the authority to receive, examine applications and confirm or reject the Automatic Import Registration Form for cigarettes and cigars.”

2. Replace the phrase "Import-Export Department under the Ministry of Industry and Trade" with "Issuing Authority" in Articles 8, 9, 10, and Appendix II.

Article 24. Amend and supplement certain articles of Circular No. 07/2019/TT-BCT dated June 20, 2019, issued by the Minister of Industry and Trade on the export of textile and garment products to Mexico under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

1. Amend Clause 1 of Article 6 as follows:

“1. The Issuing Authority shall issue the Export Certificate for textile and garment shipments exported to Mexico for the cases specified in Point a, Point c, Clause 3 of Article 4 of this Circular. The Export Certificate is valid for the year it is issued.”

2. Amend Article 7 as follows:

“Article 7. Issuing Authority for Export Certificates

The Issuing Authority for Export Certificates is the authorities and organizations that issue CPTPP certificates of origin.

3. Amend Clause 3 of Article 8 as follows:

“3. Within eight hours from the date of receipt of a complete application, the Issuing Authority shall notify the result of the examination of the application on the electronic system as follows:

a) If the application meets the requirements for issuance of the Export Certificate, the Issuing Authority shall notify the trader through the electronic system and deliver the Export Certificate via postal service or directly according to the trader’s registration on the electronic system within two working days from the date of notification of approval to issue the Export Certificate.

b) If the Export Certificate is not issued, the Issuing Authority shall notify the reason on the electronic system. For applications requiring additional information or corrections, the deadline for submitting additional or corrected information is two working days from the date the trader receives the notification; beyond this period, the application will be automatically canceled on the electronic system.”

Article 25. Amend and supplement some articles of Circular No. 28/2009/TT-BCT dated September 28, 2009 of the Minister of Industry and Trade confirming tariff quotas for natural honey imported from Japan under the Agreement between the Socialist Republic of Vietnam and Japan on Economic Partnership.

1. Amend Article 3 as follows:

“Article 3. Authority to issue Tariff Quota Certificate

The authority issuing the Tariff Quota Certificate at the request of the exporter shall be the licensing authority where the exporting trader's main office is located.

2. Amending Article 4 as follows:

“Article 4. Content of the Tariff Quota Certificate

1. The Tariff Quota Certificate shall be printed on white A4 paper, in English, and shall include the following minimum information:

a) Reference number;

b) Name and address of the exporter;

c) Name and address of the importer;

d) Description of goods;

đ) HS Code;

e) Quantity (with specific unit of measurement indicated);

g) Validity period of the Tariff Quota Certificate (effective date/expiry date);

h) Confirmation by the licensing authority where the exporting trader's main office is located.

2. The model of the Tariff Quota Certificate is specified in Appendix 1 of this Circular.

3. Replace Appendix 3 of Circular No. 28/2009/TT-BCT with the corresponding appendix at Form No. 01, Part IV of Appendix 1 issued together with this Circular.

Article 26. Amend and supplement some articles of Circular No. 28/2012/TT-BCT dated September 27, 2012 of the Minister of Industry and Trade detailing the registration of export rights and import rights for foreign traders without presence in Vietnam.

1. Replace the phrase "Ministry of Industry and Trade (Department of Import and Export)" stipulated in Clause 1, Article 4 with the phrase "licensing authority".

2. Replace the phrase "Ministry of Industry and Trade" stipulated in Clause 2, Article 9 with the phrase "licensing authority".

3. Replace the phrase "Department of Import and Export, Ministry of Industry and Trade" stipulated in Clause 1, Article 12 with the phrase "licensing authority".

4. Replace the phrase "Ministry of Industry and Trade" stipulated in Clause 2, Article 12 with the phrase "licensing authority".

5. Amend Article 13 as follows:

“Article 13. Responsibility for Implementation

1. The People's Committee of the province shall implement the issuance, reissuance, amendment, supplementation, extension, and revocation of the Registration Certificate for Export Rights and Import Rights for traders without presence in accordance with Clause 1, Article 6 of Decree No. 90/2007/NĐ-CP and the guidance of this Circular.

2. The Registration Certificate for Export Rights and Import Rights issued to traders without presence shall be made in three copies, one copy to be sent to the trader without presence, one copy to be kept by the licensing authority, and one copy to be sent to the Customs authority for coordinated management.

6. Replace the phrase "Ministry of Industry and Trade" in Forms MD-1, MD-2, MD-3, MD-4, MD-5, TB, BC in Appendix I with the phrase "Licensing Authority".

7. Amend some contents in Appendix II as follows:

a) Replace the phrase "Ministry of Industry and Trade" with the phrase "People's Committee of the province, centrally governed city …" on Cover page.

b) Replace the phrase "Ministry of Industry and Trade" with the phrase "People's Committee of the province, centrally governed city …" and replace the phrase "Minister of Industry and Trade" with the phrase "Chairman of the People's Committee of the province, centrally governed city …" on First page.

c) Replace the phrase "Ministry of Industry and Trade" with the phrase "licensing authority" and replace the phrase "General Department of Customs" with the phrase "Customs authority" on Second page.

Article 27. Amending, supplementing, and replacing certain contents of Circular No. 12/2018/TT-BCT dated June 15, 2018, issued by the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018, of the Government detailing certain provisions of the Law on Foreign Trade Management.

1. Amend Clause 3 of Article 7 as follows:

“3. The model of the periodic report on the situation of temporary importation for re-export of goods to implement the provision at Clause 5 of Article 31 of Decree No. 69/2018/NĐ-CP shall be provided in Appendix VIII attached herewith.

2. Replace the phrase "Ministry of Industry and Trade (Export-Import Department)" with "[License Issuing Authority]" in Appendices IV, V, VI, and VIII.

3. Replace the phrase "People's Committee of province, city, or Ministry of Industry and Trade" with "[License Issuing Authority]" in Appendix VII.

4. Replace the phrase "License issued by the Ministry of Industry and Trade" with "License issued by [License Issuing Authority]" in Appendix VIII.

5. Replace Appendix IX of Circular No. 12/2018/TT-BCT with the corresponding appendix at Model No. 02 Section IV of Appendix I attached herewith.

Chapter XII. LOCAL INDUSTRY SECTOR

Article 28. Amending and supplementing certain articles of Circular No. 26/2014/TT-BCT dated August 28, 2014, issued by the Minister of Industry and Trade regarding the organization of the selection of outstanding rural industrial products (amended and supplemented by Circular No. 14/2018/TT-BCT dated June 28, 2018, issued by the Minister of Industry and Trade).

1. Amend and supplement Point a of Clause 1 of Article 3 as follows:

“a) Commune level is the level of selection conducted within the commune, ward, or special zone, organized and implemented by the People's Committee of the commune in coordination with relevant units.”

2. Amend and supplement Clause 2 of Article 6 as follows:

“2. Selection can be organized at four levels: commune, provincial, regional, and national.”

3. Amend and supplement Point a of Clause 1 of Article 8 as follows:

“a) The Selection Council at the commune level shall be established by the Chairman of the People's Committee of the commune.”

4. Amend and supplement the name of Clause 1 and Points a and b of Clause 1 of Article 9 as follows:

“1. The Selection Council at the commune level consists of five or seven members, including:

a) The Chairperson of the Council is a representative of the leadership of the People's Committee of the commune;

b) The Vice-Chairperson in charge of the Council is a representative of the specialized agency under the People's Committee of the commune overseeing the industry and trade sector; other Vice-Chairpersons are decided by the Chairman of the People's Committee of the commune.”

5. Amend and supplement Clause 2 of Article 10 as follows:

“2. The Selection Councils at the commune, provincial, and regional levels are responsible for selecting and compiling lists of the most outstanding rural industrial products at their respective levels to propose and submit for approval to the People's Committee of the commune, the People's Committee of the province, the Agency for Innovation, Green Transition, and Industrial Promotion for registration to participate in higher-level selections.”

6. Amend and supplement the name of Clause 1 of Article 12 as follows:

“1. Registration dossier for selection at the commune level:”

7. Amend and supplement Point d of Clause 2 of Article 12 as follows:

“d) In cases where there is no selection at the commune level, the rural industrial establishment with products participating in the provincial-level selection shall prepare one set of dossier as stipulated in Clause 1 of this Article and submit it to the People's Committee of the commune for review, which will issue a registration letter to participate in the provincial-level selection.”

8. Amend and supplement Clause 1 of Article 13 as follows:

“1. The dossier for the selection of outstanding rural industrial products at the commune level shall be retained by the unit decided by the People's Committee of the commune; at the provincial level, it shall be retained by the Department of Industry and Trade; at the regional and national levels, it shall be retained by the Agency for Innovation, Green Transition, and Industrial Promotion.”

9. Amend and supplement Clause 1 of Article 14 as follows:

“1. Location and time of organization at the commune and provincial levels:

a) The commune and provincial levels shall be organized every two years. Other cases shall be decided by the competent authority;

b) Specific location and time for organizing the selection at the commune and provincial levels shall be carried out according to the guidance of the Selection Council at the commune and provincial levels, consistent with the overall plan approved by the competent authority.”

10. Amend and supplement Clause 3 of Article 15 as follows:

“3. Products selected shall be returned to the rural industrial establishments. If they are kept for display at trade fairs or preserved for display at exhibition venues at the commune, provincial, regional, and national levels, the consent of the owner of the rural industrial establishment must be obtained.”

11. Amend and supplement Clause 2 of Clause 4 of Article 17 as follows:

“2. Based on the results of the selection, the Selection Council shall submit to the Chairman of the People's Committee of the commune, the provincial level, the Director of the Agency for Innovation, Green Transition, and Industrial Promotion, and the Minister of Industry and Trade for approval of the results of the selection, decision to recognize and issue certificates for outstanding rural industrial products according to the authority prescribed in this Circular. The results of the selection shall be notified to the rural industrial establishments that participated in the selection.”

“4. The model of the certificate for outstanding rural industrial products shall be uniformly used from the commune to the national level as stipulated in Appendix 6 of this Circular.”

12. Amend and supplement Clause 1 of Article 19 as follows:

“1. The budget for organizing the selection of outstanding rural industrial products at the commune and provincial levels shall be sourced from local industrial promotion funds, combined with other legitimate sources of funding (if available). The level of support from local industrial promotion funds for organizing the selection and issuing certificates for outstanding rural industrial products at the commune and provincial levels shall be regulated by the People's Council of the province.”

13. Amend and supplement Point b of Clause 2 of Article 21 as follows:

“b) The amount of monetary reward from local industrial promotion funds for rural industrial establishments whose products are recognized as outstanding rural industrial products at the commune and provincial levels shall be regulated by the People's Committee of the province.”

14. Amend and supplement Clause 2 of Article 22 as follows:

“2. Annually, report to the Department of Industry and Trade and the People's Committee of the commune where the selection was held about the support from industrial promotion, state policies, and business production status of the establishment.”

15. Amend and supplement Point b and Point h of Clause 2 of Article 23 as follows:

"b) Develop and submit to the provincial People's Committee for approval a plan to select outstanding rural industrial products at the provincial level and organize its implementation in accordance with regulations. Guide and coordinate with the district People's Committee to develop plans and organize the selection of outstanding rural industrial products at the district level."

"h) Aggregate and monitor registration files for selecting outstanding rural industrial products at the provincial level; establish and update electronic registration files for selecting outstanding rural industrial products at the provincial level into the database of outstanding rural industrial products, and simultaneously send the registration for selection at the regional level."

16. Amend and supplement the name of Clause 3 and Points a, b, and d of Article 23 as follows:

"3. Responsibilities of the district People's Committee"

"a) Develop plans and organize the selection of outstanding rural industrial products at the district level in accordance with approved general plans; establish electronic registration files for selecting outstanding rural industrial products at the district level, update them into the database of outstanding rural industrial products, and simultaneously send the registration for selection at the provincial level;"

"b) Establish a Selection Council and approve decisions recognizing outstanding rural industrial products at the district level;"

"d) Approve lists of outstanding rural industrial products at the district level for registration to participate in the selection of outstanding rural industrial products at the provincial level."

17. Replace the phrase "Local Industry Department" and the phrase "Local Commerce and Industry Department" with the phrase "Department of Innovation, Green Transition, and Small and Medium Enterprise Promotion" in Circular No. 26/2014/TT-BCT dated August 28, 2014, issued by the Minister of Industry and Trade on organizing the selection of outstanding rural industrial products (amended and supplemented by Circular No. 14/2018/TT-BCT dated June 28, 2018, issued by the Minister of Industry and Trade), including all appendices and related forms attached thereto.

18. Replace the phrase "district level" with the phrase "commune level" in Appendix No. 1 and Form No. 1 of Appendix No. 6 accompanying Circular No. 26/2014/TT-BCT dated August 28, 2014, issued by the Minister of Industry and Trade on organizing the selection of outstanding rural industrial products (amended and supplemented by Circular No. 14/2018/TT-BCT dated June 28, 2018, issued by the Minister of Industry and Trade).

Article 29. Amend and supplement certain contents of Circular No. 14/2024/TT-BCT dated August 15, 2024, issued by the Minister of Industry and Trade on the regular reporting system regarding industrial clusters, national industrial cluster databases, and some sample documents on managing and developing industrial clusters

Replace the phrase "Local Commerce and Industry Department" with the phrase "Department of Innovation, Green Transition, and Small and Medium Enterprise Promotion" and replace the phrase "district level" with the phrase "commune level" in Circular No. 14/2024/TT-BCT, including Appendices I and II and the tables and forms attached thereto.

Chapter XIII. TOBACCO PRODUCTS BUSINESS SECTOR

Article 30. Amend and supplement certain provisions of Circular No. 57/2018/TT-BCT dated December 26, 2018, issued by the Minister of Industry and Trade detailing certain provisions of Decrees relating to tobacco products business

1. Amend Clause 1 of Article 21 as follows:

"1. The Industry Department, within its functions and responsibilities, shall take the lead and coordinate with units under the Ministry to perform the following tasks:"

"a) Organize the receipt of applications, inspection, supervision, examination, and submission to the Ministry's leadership for approval of investment policies for tobacco product production, Tobacco Production Licenses;"

"b) Develop inspection plans and organize guidance and inspections of organizations and individuals implementing regulations stipulated in Decree No. 67/2013/NĐ-CP and subsequent Decrees amending and supplementing this Decree;"

"c) Organize the receipt of applications, inspection, supervision, examination, and submission to the Ministry's leadership for approval of policies concerning other activities related to tobacco products business as prescribed."

2. Amend the title of Clause 5 and Point a of Clause 5 of Article 21 as follows:

"5. The commune People's Committee shall be responsible for:"

"a) Organizing the receipt of applications, inspection, examination, issuance, reissuance, amendment, supplementation, and revocation of Retail Sales Licenses for tobacco products within their jurisdiction as stipulated in this Circular;"

3. Amend Clause 3 of Article 21 as follows:

"3. The Domestic Market Management and Development Department, within its functions and responsibilities, shall take the lead and coordinate with units to organize inspections of organizations and individuals related to compliance with regulations stipulated in Decree No. 67/2013/NĐ-CP and subsequent Decrees amending and supplementing this Decree, and relevant laws."

4. Amend Clause 6 of Article 21 as follows:

"6. The provincial People's Committee shall be responsible for organizing the receipt of applications, inspection, supervision, examination, and responding to enterprises for procedures such as issuing, reissuing, amending, and supplementing Licenses for tobacco leaf processing; Importing tobacco for non-commercial purposes; Approving investment in modernizing equipment and technology, producing tobacco for export, processing tobacco for export, relocating according to planning; Investment in tobacco leaf processing; Approving importation of tobacco leaf raw materials for processing tobacco leaf raw materials for export or processing tobacco leaf raw materials for export; Approving importation of tobacco leaf raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export; Importing specialized machinery and equipment for tobacco; Notifying import quotas for tobacco leaf raw materials and cigarette paper; Issuing, reissuing, amending, and supplementing Licenses for distributing tobacco products."

5. Replace Appendices 13, 31, 39, 19, 20, 23, 24, 42, 43, 46, 47, 48, 49, 52, 53, 58, 69 of Circular No. 57/2018/TT-BCT with corresponding appendices at Forms 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18 of Part II of Appendix I attached to this Circular.

6. Amend the phrases "Ministry of Industry and Trade" in Article 3 to "Provincial People's Committee".

Article 31. Amend, supplement, and replace some contents in Circular No. 43/2023/TT-BCT of the Minister of Industry and Trade amending and supplementing some articles of Circular No. 57/2018/TT-BCT dated December 26, 2018 of the Ministry of Industry and Trade detailing certain provisions of related Decrees concerning tobacco business.

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

"2. Clause 9 of Article 13 shall be amended as follows:

9. Every six months, the tobacco product supplier must submit statistical reports on production volume and types of tobacco products sold (through distribution systems, wholesale, retail) of their own unit to the Department of Domestic Market Management and Development under the Ministry of Industry and Trade and the Department of Industry and Trade where the enterprise's main office is located (before January 10 each year for annual reports and before July 10 each year for mid-year reports) according to Model Annexes 8 and 9 attached to this Circular."

2. Replace the phrases "Department of Industry, Ministry of Industry and Trade," "Department of Industry - Ministry of Industry and Trade," and "Ministry of Industry and Trade" in Article 3 and in Annexes 1, 2, 3, 4, 5, 6 with the phrase "Competent State Management Authority."

3. Replace Annexes 8, 9, 10 of Circular No. 43/2023/TT-BCT with corresponding annexes at Model Nos. 19, 20, 01 part II of Annex I promulgated together with this Circular.

Article 32. Supplement forms for implementing some administrative procedures in the tobacco sector as prescribed in Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government stipulating decentralization and delegation in the industry and trade sectors.

Documents requesting permission to produce foreign-branded tobacco products for sale in Vietnam, documents requesting approval for foreign investment in joint ventures producing tobacco products, documents requesting approval for licensing agreements for industrial property rights to produce tobacco, documents requesting sales, exports, re-exports, liquidation of specialized machinery and equipment of tobacco manufacturing enterprises, processing enterprises, documents requesting leasing, borrowing, transferring specialized machinery and equipment of manufacturing enterprises with excess capacity or reallocating production capacity of tobacco products of enterprises specified in Point 1 Part I, Point 1 Part II, Point 1 Part III, Item a Point 1 Part X, Part XIV Section B of Annex V promulgated together with Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government according to Model No. 01 in Annex II promulgated together with this Circular.

Chapter XIV. INTERNATIONAL TRADE SECTOR

Article 33. Amend and supplement some articles in Circular No. 11/2016/TT-BCT dated July 5, 2016 of the Minister of Industry and Trade detailing forms for implementing Decree No. 07/2016/NĐ-CP dated January 25, 2016 of the Government detailing the Law on Trade regarding Representative Offices and Branches of Foreign Businesses in Vietnam (referred to as Circular No. 11/2016/TT-BCT).

1. Amend and supplement Article 4 as follows:

“Article 4. Organization of Implementation

1. The People's Committee of the province is the lead agency responsible for receiving and processing applications for issuance, reissuance, adjustment, extension, and termination of Branch licenses in accordance with Article 6 of Decree No. 07/2016/NĐ-CP; it is also responsible for monitoring, urging, and inspecting the implementation of this Circular.

2. The Department of E-commerce and Digital Economy under the Ministry of Industry and Trade is responsible for establishing, managing, operating, and maintaining a database on Representative Offices and Branches of foreign businesses in Vietnam on the Ministry of Industry and Trade's website at www.moit.gov.vn.

3. The authority issuing licenses for Representative Offices and Branches is responsible for updating relevant information into the database specified in Clause 2 of this Article within fifteen days from the date of issuance, reissuance, adjustment, extension, revocation of Representative Office and Branch licenses, and termination of Representative Office and Branch activities. 4. The authority issuing licenses for Representative Offices and Branches is responsible for updating information about administrative violations handled against Representative Offices and Branches into the database specified in Clause 2 of this Article after a decision on administrative penalties for violations committed by Representative Offices and Branches has been made.

5. Annually, before February 28, the People's Committee of the province is responsible for reporting to the Ministry of Industry and Trade on the situation of issuance, reissuance, adjustment, extension, revocation of Branch licenses and termination of Branch activities in the locality."

2. Amend and supplement Clause 3 of Article 5 as follows:

"3. During the implementation process, if any difficulties arise, organizations and individuals involved should report to the Ministry of Industry and Trade for timely guidance and resolution."

3. Amend, supplement, and replace the content of some forms issued together with Circular No. 11/2016/TT-BCT as follows:

Replace the phrase "Ministry of Industry and Trade" in Models MD-5, MD-6, MD-7, MD-8, GP-2, BC-2 with "People's Committee of the Province".

a) b) Replace the phrase "Minister of Industry and Trade" in Model GP-2 with "Chairman of the People's Committee of the Province".

Add the legal basis for issuing Licenses in…”.

c) Model GP-2: "Pursuant to Circular No. 03/2024/TT-BCT dated January 30, 2024 of the Ministry of Industry and Trade amending and supplementing some articles of Circulars of the Minister of Industry and Trade in the fields of franchising, representative offices, and branches of foreign businesses, trading activities, and other activities directly related to trading activities of foreign service providers."

"Pursuant to Circular No. 03/2024/TT-BCT dated January 30, 2024 of the Ministry of Industry and Trade amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the fields of franchising, representative offices, and branches of foreign traders, trade in goods, and related activities directly associated with the provision of foreign service providers' goods."

Article 34. Supplement the form at Appendix issued together with Circular No. 11/2016/TT-BCT.

Supplement Form of Report on the Issuance, Reissuance, Amendment, Extension, and Revocation of Branch Establishment License for Foreign Businesses carried out by the People's Committee of the province and reported to the Ministry of Industry and Trade (marked as Form BC-4) into Appendix of Circular No. 11/2016/TT-BCT according to the corresponding model stipulated in Part II of Appendix II issued together with this Circular.

Chapter XV. FIELD OF CONSUMER RIGHTS PROTECTION

Article 35. Amend and supplement some articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 detailing certain provisions of Government Decree No. 40/2018/NĐ-CP dated March 12, 2018 on management of direct selling business activities (amended and supplemented by Circular No. 12/2023/TT-BCT).

1. Amending and supplementing Clause 1 of Article 5 as follows:

"1. The People's Committee of the province shall organize or delegate in writing to a training institution on direct selling laws to organize a knowledge test on direct selling laws and knowledge for local contacts according to the following procedures:

a) Verify the completeness and validity of the application for the knowledge test on direct selling laws in accordance with Clause 1, Article 39 of Government Decree No. 40/2018/NĐ-CP amended and supplemented by Clause 28, Article 1 of Government Decree No. 18/2023/NĐ-CP.

b) Plan the time, location, and method of the test.

c) Announce the test plan.

d) Organize the test.

đ) Evaluate the test results.

e) Announce the test results."

2. Amend and supplement Article 8 as follows:

“Article 8. Revocation of Confirmation of Knowledge on Direct Selling Laws and Confirmation of Knowledge for Local Contacts

1. The People's Committee of the province shall revoke the confirmation of knowledge on direct selling laws and confirmation of knowledge for local contacts in the following cases:

a) Discovery of false information in the registration form for examination of those who have been granted confirmation;

b) Multi-level marketing enterprises ceasing their multi-level marketing activities;

c) The person who has been granted the confirmation of knowledge on direct selling laws terminates their labor contract or training contract, or the person who has been granted the confirmation of knowledge for local contacts terminates their role as a local contact with the direct selling company. The direct selling company is responsible for notifying the examination authority within two working days from the date of termination of the local contact relationship or the training contract with the person who has been granted the confirmation of knowledge on direct selling laws or confirmation of knowledge for local contacts.

2. Procedures and formalities for revoking confirmation of knowledge on direct selling laws and confirmation of knowledge for local contacts:

a) Within ten working days from the occurrence of the cases specified in Clause 1 of this Article, the People's Committee of the province shall issue and send the decision to revoke the confirmation of knowledge on direct selling laws or confirmation of knowledge for local contacts to the enterprise. The confirmation of knowledge on direct selling laws or confirmation of knowledge for local contacts ceases to be effective from the date the People's Committee of the province issues the Decision to Revoke.

b) The People's Committee of the province shall be responsible for publishing on the electronic information website of the examination authority the revocation of the confirmation of knowledge on direct selling laws or confirmation of knowledge for local contacts of each direct selling company."

Chapter XVI. ELECTRONIC COMMERCE FIELD

Article 36. Amending Article 10 of Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Minister of Industry and Trade on the management of electronic commerce websites

“Article 10. Confirmation of notification

In case the enterprise does not receive the request for amendment and supplementation of the notification dossier through the Portal for Management of Electronic Commerce Activities within three working days from the date of sending the notification dossier, the dossier shall be confirmed as having complete and valid information.

Chapter XVII. IMPLEMENTATION ORGANIZATION [4]

Article 37. Implementation clauses

1. This Circular takes effect from July 1, 2025.

2. Accompanying this Circular are new forms replacing those in administrative procedures listed in Appendix I, and new forms prescribed in administrative procedures listed in Appendix II.

3. Transitional Provisions

Licenses, Certificates, Certificates of Approval, and Approvals issued for administrative procedures in the fields managed by state agencies before July 1, 2025 shall continue to be valid until their expiration dates as specified in the Licenses, Certificates, Certificates of Approval, and Approvals.

4. This Circular abolishes:

a) Point d Clause 2 Article 4, Clause 3 Article 18 of Circular No. 23/2024/TT-BCT dated November 7, 2024 of the Minister of Industry and Trade on the management and use of industrial explosives and explosive precursors under the jurisdiction of the Ministry of Industry and Trade;

b) The phrase "Department of Science and Technology" at point a Clause 4 Article 11; the phrase "Department of Industry and Trade" at note (5) Model 01, note (7) Model 02 Appendix IV of Circular No. 23/2024/TT-BCT dated November 7, 2024 of the Minister of Industry and Trade on the management and use of industrial explosives and explosive precursors under the jurisdiction of the Ministry of Industry and Trade;

c) Appendix I promulgated with Circular No. 40/2018/TT-BCT dated October 30, 2018, issued by the Minister of Industry and Trade on the construction and content of safety management documents in oil and gas activities;

d) Article 17 of Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade on product quality management under the responsibility of the Ministry of Industry and Trade;

d) The phrase "by postal service" in the content of Circular No. 11/2015/TT-BCT dated June 4, 2015 of the Minister of Industry and Trade on the transit of goods of the People's Republic of China through the territory of the Socialist Republic of Vietnam.

e) Clause 2, Article 21 of Circular No. 57/2018/TT-BCT dated December 26, 2018, issued by the Minister of Industry and Trade detailing certain provisions of Decrees related to tobacco business;

g) Article 2 of Circular No. 43/2023/TT-BCT of the Minister of Industry and Trade amending and supplementing some articles of Circular No. 57/2018/TT-BCT dated December 26, 2018 of the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco trade.

h) Appendix 11, 12, 13, 14, 15 promulgated together with Circular No. 43/2023/TT-BCT of the Minister of Industry and Trade amending and supplementing some articles of Circular No. 57/2018/TT-BCT dated December 26, 2018 of the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco trade.

i) Clause 1, Clause 2, Article 18 of Circular No. 02/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade on the protection of power engineering works and safety in the power sector;

k) Clause 2, Article 12 of Circular No. 47/2014/TT-BCT dated December 5, 2014, issued by the Minister of Industry and Trade on the management of electronic commerce websites.

l) Clause 2, Article 11 of Circular No. 59/2015/TT-BCT dated December 31, 2015, issued by the Minister of Industry and Trade, stipulates the management of e-commerce activities through applications on mobile devices;

m) Appendix V promulgated together with Circular No. 07/2019/TT-BCT dated June 20, 2019 of the Minister of Industry and Trade on exporting textile and garment products to Mexico under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

n) Clause 2 Article 5, Clause 3 Article 6 of Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

o) Article 15 of Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade, stipulates the quality management of products and goods under the responsibility of the Ministry of Industry and Trade;

p) Clause 2 Article 5, Clause 3 Article 6, Clause 4 Article 7, Clause 2 Article 8 of Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management.

 

 

 

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^[[1]] Circular No. 53/2025/TT-BCT on training and issuing energy management certificates and energy auditors, effective from January 1, 2026, is based on the following grounds:

"Based on Clause 13, Clause 14 Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Rational and Effective Energy Use No. 77/2025/QH15;

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Department of Innovation, Green Transition, and Small and Medium Enterprises;

The Minister of Industry and Trade issues this Circular on training and issuing energy management certificates and energy auditors."

Circular No. 01/2026/TT-BCT detailing and guiding the implementation of certain provisions of the Chemicals Law and Decree No. 26/2026/NĐ-CP of the Government detailing and guiding the implementation of certain provisions of the Chemicals Law regarding chemical activities and dangerous chemicals in products and goods, effective from January 17, 2026, is based on the following grounds:

"Based on the Chemicals Law No. 69/2025/QH15;

Based on Decree No. 26/2026/NĐ-CP of the Government detailing and guiding the implementation of certain provisions of the Chemicals Law regarding chemical activities and dangerous chemicals in products and goods;

Based on Decree No. 40/2025/NĐ-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Chemicals Department,

The Minister of Industry and Trade issues this Circular detailing and guiding the implementation of certain provisions of the Chemicals Law and Decree No. 26/2026/NĐ-CP of the Government detailing and guiding the implementation of certain provisions of the Chemicals Law regarding chemical activities and dangerous chemicals in products and goods."

^[[2]] This provision is abolished pursuant to Clause 3, Article 12 of Circular No. 01/2026/TT-BCT detailing and guiding the implementation of certain provisions of the Chemical Law and Decree No. 26/2026/NĐ-CP of the Government detailing and guiding the implementation of certain provisions of the Chemical Law on the management of chemical activities and hazardous chemicals in products and goods, which takes effect from January 17, 2026.

^[[3]] This provision is abolished pursuant to Clause 3, Article 20 of Circular No. 53/2025/TT-BCT on training, issuing certificates for energy managers and energy auditors, which takes effect from January 1, 2026.

^[[4]] Articles 20 and 21 of Circular No. 53/2025/TT-BCT on training, issuing certificates for energy managers and energy auditors, which takes effect from January 1, 2026, are stipulated as follows:

Article 20. Effective Date

1. This Circular takes effect from January 1, 2026.

2. This Circular replaces Circular No. 39/2011/TT-BCT dated October 28, 2011 of the Minister of Industry and Trade on training, issuing certificates for energy managers and energy auditors.

3. Abolish Article 13 of Circular No. 38/2025/TT-BCT dated June 19, 2025 of the Minister of Industry and Trade amending and supplementing certain provisions on the classification of procedures for administrative tasks within the scope of management of the Ministry of Industry and Trade.

Article 21. Organization of Implementation

1. The Department of Innovation, Green Transition, and Small and Medium Enterprise Promotion shall be responsible for organizing and supervising the training process of energy management and energy auditor training institutions.

2. Organizations and individuals related to this matter are responsible for implementing this Circular and submitting their opinions and recommendations to the Ministry of Industry and Trade (through the Department of Innovation, Green Transition, and Small and Medium Enterprise Promotion) for guidance and resolution of arising difficulties and obstacles.

Article 12 of Circular No. 01/2026/TT-BCT detailing and guiding the implementation of certain provisions of the Chemical Law and Decree No. 26/2026/NĐ-CP of the Government detailing and guiding the implementation of certain provisions of the Chemical Law on the management of chemical activities and hazardous chemicals in products and goods, which takes effect from January 17, 2026, is stipulated as follows:

“Article 12. Effective Date

1. This Circular takes effect from January 17, 2026.

2. Circular No. 32/2017/TT-BCT dated December 28, 2017 of the Minister of Industry and Trade detailing and guiding the implementation of certain provisions of the Chemical Law and Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Chemical Law and Circular No. 17/2022/TT-BCT dated October 27, 2022 of the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 32/2017/TT-BCT dated December 28, 2017 of the Minister of Industry and Trade detailing and guiding the implementation of certain provisions of the Chemical Law and Decree No. 113/2017/NĐ-CP dated October 9, 2018 of the Government detailing and guiding the implementation of certain provisions of the Chemical Law shall cease to be effective from the date this Circular takes effect.

3. Abolish Article 7 of Circular No. 38/2025/TT-BCT dated June 19, 2025 of the Minister of Industry and Trade amending and supplementing certain provisions on the classification of procedures for administrative tasks within the scope of management of the Ministry of Industry and Trade.

4. In the course of implementation, if any issues arise, agencies, organizations, and individuals shall submit their opinions to the Ministry of Industry and Trade (through the Department of Chemicals) for timely review, amendment, supplementation, or guidance.