Circular No. 06/2015/TT-BCT Amending and Supplementing Certain Circulars of the Ministry of Industry and Trade on Administrative Procedures in the Chemicals Sector, Electricity, and Trading Activities through Commodity Exchanges

CIRCULAR

Amending and supplementing certain Circulars of the Ministry of Industry and Trade on administrative procedures

in the field of chemicals, electricity, and trading activities

through commodity exchanges

______________________

 

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;

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

Implementing Directive No. 17/CT-TTg dated June 20, 2014 of the Prime Minister on some measures to rectify the abuse of requirements for certified true copies of documents when implementing administrative procedures;

At the request of the Director of the Legal Department,

The Minister of Industry and Trade issues this Circular amending and supplementing certain Circulars of the Ministry of Industry and Trade on administrative procedures in the fields of chemicals, electricity, and trading activities through commodity exchanges.

PART I

FIELD OF CHEMICALS

Article 1. Amending and supplementing Circular No. 01/2006/TT-BCN dated April 11, 2006 of the Ministry of Industry guiding the management of export and import of toxic chemicals, products containing harmful chemicals, drug precursors, and chemicals subject to technical standards under the specialized management of the Ministry of Industry

Abolishing Clause 4, Part II: "4. When importing chemicals listed in Appendix 4 of this Circular, traders must declare all quality standards and corresponding technical standards for customs authorities to check and compare. In case of doubt about misdeclaration of quality standards and technical standards, the Customs Authority shall decide to request an appraisal and release according to current regulations. Importation of chemicals directly serving production with lower standards than those specified in this Appendix must be approved in writing by the Ministry of Industry."

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

1. Amending and supplementing Point b, Clause 3, Article 18 as follows:

"b) A valid copy of the certificate of participation in chemical business training courses for technical staff, employees, and workers of chemical business establishments;"

2. Abolishing the following points:

a) Abolishing Point c, Clause 2, Article 17: "c) Declaration of conformity and periodic quality monitoring plan of chemicals based on testing equipment or contracts with units having recognized inspection capabilities;"

b) Abolishing Point c, Clause 3, Article 17: "c) Health certificate issued by health authorities at district or higher level for individuals specified in point a of this clause;"

c) Abolishing Point c, Clause 3, Article 18: "c) Health certificate issued by health authorities at district or higher level for individuals specified in point a of this clause;"

Article 3. Amending and supplementing Circular No. 40/2011/TT-BCT dated November 14, 2011 of the Minister of Industry and Trade on declaration of chemicals

1. Amending and supplementing Article 2 as follows: "Article 2. This Circular applies to:

1. Organizations and individuals producing chemicals listed in the Chemicals Declaration List.

2. Organizations and individuals importing chemicals listed in the Chemicals Declaration List from abroad into Vietnam.

3. Not applying confirmation of chemical declarations to organizations and individuals purchasing chemicals within Vietnam; organizations and individuals already granted Import Permits for precursors in the industrial sector; organizations and individuals already granted Import Permits for explosives precursors; organizations and individuals already granted Import Permits for chemicals in Tables 1, 2, and 3."

2. Amending and supplementing Clause 4, Article 9 as follows: "4. Issuing Confirmation Certificate

Within five working days from the date the application is supplemented with complete documents as stipulated in Clause 3 of this Article, the Chemicals Department shall issue the Confirmation Certificate. The model of the Confirmation Certificate for imported chemical declarations shall be implemented according to the provisions of Appendix to Circular No. 06/2015/TT-BCT dated April 23, 2015 amending and supplementing certain Circulars of the Ministry of Industry and Trade on administrative procedures in the field of chemicals, electricity, and trading activities through commodity exchanges."

3. Amending and supplementing Clause 2, Article 16 as follows:

"2. Within five working days from the date of receipt of complete information and valid documents as stipulated in Article 14 of this Circular, the Chemicals Department shall issue the Confirmation Certificate to organizations and individuals."

Article 4. Amend and supplement Circular No. 20/2013/TT-BCT dated August 5, 2013, issued by the Minister of Industry and Trade on the Plan and Measures for Preventing and Responding to Chemical Accidents in the Industrial Sector.

1. Amend and supplement Point b Clause 1 Article 7 as follows:

"b) The plan shall include eight (8) copies; if more copies are required, organizations and individuals must provide additional copies upon request of the competent authority;"

2. Abolishing the following points:

a) Point c Clause 1 Article 7: "c) Feasibility study report or economic and technical construction report of the project or production and business plan shall include one (1) copy certified by the chemical facility or chemical project;"

b) Point c Clause 1 Article 15: "c) Feasibility study report or economic and technical construction report of the project or production and business plan shall include one (1) copy certified by the chemical facility or chemical project;"

Chapter II

ELECTRICITY SECTOR

Article 5. Amend and supplement Circular No. 33/2011/TT-BCT dated September 6, 2011, issued by the Minister of Industry and Trade on the contents, methods, procedures, and formalities for researching electricity demand.

Repeal Chapter V: Exemption from Implementation.

Article 6. Amend and supplement Circular No. 27/2013/TT-BCT dated October 31, 2013, issued by the Minister of Industry and Trade on the inspection of electricity activities and electricity usage, and dispute resolution in power purchase and sale contracts.

Repeal the procedure, formalities, and components of the application dossier for renewing the Power Inspector's card when it expires as stipulated in Point d Clause 1 Article 12:
"d) The application dossier for renewing the Power Inspector's card includes (one set): - Application letter for renewing the Power Inspector's card; - Certificate of passing the Power Inspector examination; - Two (2) photographs measuring 2 x 3 cm."

Chapter III

 ACTIVITY OF BUYING AND SELLING GOODS THROUGH COMMODITY EXCHANGES

Article 7. Amend and supplement Circular No. 03/2009/TT-BCT dated February 10, 2009, issued by the Minister of Industry and Trade guiding the dossier, procedures, and formalities for issuing the License for Establishing Commodity Exchanges and reporting regulations according to Decree No. 158/2006/NĐ-CP dated December 28, 2006, of the Government detailing the Law on Commerce regarding trading goods through commodity exchanges.

Amend and supplement Clause 3 Section I as follows:

"3. The dossier for reissuing the License for Establishing a Commodity Exchange includes:

a) An application letter for reissuing the License for Establishing a Commodity Exchange in accordance with the model prescribed in Appendix I (Model MG-4) attached hereto;

b) The original part of the License for Establishing a Commodity Exchange that can still be identified in case of tearing, damage, burning, partial destruction, or a certified copy of the License for Establishing a Commodity Exchange by the competent authority (if available)."

Chapter IV

IMPLEMENTING PROVISIONS

Article 8. Effective Date

1. This Circular takes effect from June 1, 2015.

2. Abolish all guidelines and forms related to the procedures that have been replaced or abolished in this Circular. During implementation, if there are difficulties, organizations and individuals should send their opinions to the Ministry of Industry and Trade for consideration and guidance on solutions.

During implementation, if there are difficulties, organizations and individuals should send their opinions to the Ministry of Industry and Trade for consideration and guidance on solutions./.

ANNEX

MODEL OF CHEMICAL DECLARATION CERTIFICATE
(Issued together with Circular No. 06/2015/TT-BCT dated April 23, 2015, issued by the Minister of Industry and Trade)

 

CERTIFICATE

Declaration of chemicals … (5)

…(2) confirms:

Company …(6), main office address ….., telephone …., fax … has completed the declaration for the following chemicals … (5):

1.

2.

3.

(If more than one, an annex may be attached.)

Details as per ... (7) attached.

(This content does not apply if it is chemical production.)

 

Note:

(1) Name of the management agency of the agency issuing the Declaration Certificate

(2) Name of the agency issuing the Declaration Certificate

(3) Abbreviation of the name of the agency issuing the Declaration Certificate

(4) Place name

(5) Chemicals produced or imported. If they are produced chemicals, then specify: declaration of specific year's chemical production.

(6) Name of the enterprise applying for the Declaration Certificate

(7) Name of the invoice for chemical transactions (invoice) submitted by the enterprise when declaring. It can confirm the declaration of chemicals based on each invoice or multiple invoices in one Declaration Certificate of imported chemicals.

(8) Abbreviation of the department's name