Decree No. 08/2018/ND-CP Amending Certain Decrees Related to Investment Business Conditions within the Management Scope of the Ministry of Industry and Trade

DECREE

Amending certain Decrees related to investment conditions and business operations

within the scope of management of the Ministry of Industry and Trade

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.dated June 14, 2005;

Pursuant to the Law on Product Quality and Goods Quality dated November 21, 2007;

Pursuant to the Chemicals Law on November 21, 2007;

Pursuant to the Food Safety Law dated June 17, 2010;

Pursuant to the Law on Prevention and Control of Harmful Effects of Tobacco Products dated June 18, 2012;

Pursuant to the Electricity Law dated December 3, 2004 and the Law Amending and Supplementing Certain Provisions of the Electricity Law dated November 20, 2012;

Pursuant to the Ordinance on Management and Use of Weapons"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation.", Explosives and Auxiliary Tools dated June 30, 2011 and the Ordinance Amending and Supplementing, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to the Law on Public Investment dated November 29, 2024;No. provisions of the Ordinance on Management and Use of Weapons,n lExplosives,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Based on Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 32/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product Quality;ỗ Auxiliary Tools 1dated July 2, 2013;

Pursuant to the Investment Law dated November 26, 2014 and the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Industries and Businesses Subject to Conditions for Investment dated November 22, 2016;

At the proposal of the Minister of Industry and Trade,

The Government issues this Decree amending some Decrees related to investment conditions within the scope of management of the Ministry of Industry and Trade.

PART I

FIELD PETROLEUM PRODUCTS

Article 1. Amend certain provisions of Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on trading in petroleum products

1. Clause 1, Article 7 shall be amended as follows:

"1. Enterprises established in accordance with the law".

2. Clause 2, Article 27 shall be amended as follows:

"2. Have specialized wharfs located within the system of seaports and inland waterway ports, have warehouses owned by the enterprise or co-owned, constructed in accordance with the prescribed standards".

3. Point i, Clause 1, Article 40 shall be amended as follows:

"i) The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to develop National Technical Regulations on unified fuel retail outlets throughout the country".

Article 2. Repeal certain articles and clauses of Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on trading in petroleum products

1. Repeal Article 5, Clause 6, Article 7, Article 10, Clause 1, Article 24 and Clauses 4 and 5, Article 41.

2. Repeal the following contents in Article 7:

a) Repeal the following content in Clause 3: "Within three (03) years from the date of issuance of the Business License for exporting and importing petroleum products, must own or co-own at least fifty-one percent (51%) of the capital contribution for the storage system sufficient to meet at least one-third (1/3) of the reserve requirements stipulated in Clause 1, Article 31 of this Decree".

b) Repeal the following content in Clause 4: "Within two (02) years from the date of issuance of the Business License for exporting and importing petroleum products, must own or co-own at least fifty-one percent (51%) of the capital contribution for domestic transportation vessels with a total capacity of at least three thousand cubic meters (3,000 m³)”.

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Chapter II

FIELD

TOBACCO

Article 3. Amend certain articles and clauses of Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government detailing certain provisions and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco Products regarding tobacco trading

1. Clause 1 and Clause 4, Article 9 shall be amended as follows:

"1. Enterprises established in accordance with the law.

4. Have a framework agreement or agency import agreement for tobacco raw materials with tobacco product manufacturing enterprises, tobacco raw material processing enterprises, or a framework agreement or agency export agreement for tobacco raw materials with enterprises meeting the investment conditions for growing tobacco plants, tobacco raw material processing enterprises. Enterprises with a permit to buy and sell tobacco raw materials can only act as agents for importing tobacco raw materials for enterprises with a certificate of eligibility for investing in growing tobacco plants, a permit for processing tobacco raw materials".

2. Clause 6, Article 10 shall be amended as follows:

"6. A copy of the framework agreement or agency import agreement for tobacco raw materials with tobacco product manufacturing enterprises, tobacco raw material processing enterprises, or a framework agreement or agency export agreement for tobacco raw materials with enterprises meeting the investment conditions for growing tobacco plants, tobacco raw material processing enterprises".

1. Clause 1 and Clause 4, Article 9 shall be amended as follows:

3. Clause 1 and Clause 6, Article 12 shall be amended as follows:

6. The location of the processing facility must be consistent with the approved production strategy for tobacco products and tobacco raw material regions".

4. Clause 1, Article 15 shall be amended as follows:

"1. Enterprises with a certificate of eligibility for investing in growing tobacco plants are permitted to choose the investment area and tobacco growers. Sign investment planting and purchasing agreements for tobacco raw materials with tobacco growers and sell tobacco raw materials to enterprises with permits to produce tobacco products, process tobacco raw materials".

5. Point a and point b, Clause 2, Article 17 shall be amended as follows:

"a) Enterprises must participate in growing tobacco plants through direct investment or joint investment with enterprises holding certificates of eligibility for investing in growing tobacco plants, in line with their production and business scale;

b) Must use domestically grown tobacco raw materials for production. In cases where domestic supply is insufficient, may import the shortfall according to the annual import plan announced by the Ministry of Industry and Trade, except for the production of foreign-branded tobacco products or tobacco products for export".

6. Point b, Clause 1, Article 25 shall be amended as follows:

"Investment based on joint venture cooperation with enterprises already holding permits to produce tobacco products. The State holds a controlling stake in the registered capital of the enterprise (in the case of joint venture investment)".

7. Point b, Clause 1, Article 26, point b, Clause 2, Article 26 and point b, Clause 3, Article 26 shall be amended as follows:

Article 4. Repeal certain Articles and Clauses of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing some provisions and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business.

1. Repeal Clause 5 of Article 4.

2. Repeal Clause 1 of Article 5.

3. Repeal points b, c and d of Clause 2 of Article 7.

4. Repeal Clauses 3, 4 and 5 of Article 8.

5. Repeal Clauses 2 and 3 of Article 9.

6. Repeal Clauses 4 and 5 of Article 10.

7. Repeal points a, b, d and e of Clause 2 of Article 12.

8. Repeal Clauses 3, 6 and 7 of Article 13.

9. Repeal points b, c and d of Clause 3 of Article 17.

10. Repeal Clause 7 of Article 18.

11. Repeal point a of Clause 1 of Article 24.

12. Repeal points a and c of Clause 1 of Article 25.

13. Repeal points đ, g, i of Clause 1; points đ, g, i of Clause 2 and point đ of Clause 3 of Article 26.

14. Repeal points d, h, i of Clause 1; points d, h, i of Clause 2; and point d of Clause 3 of Article 27.

15. Repeal Clause 6 of Article 29.

16. Repeal Clause 3, point b of Clause 4 and point b of Clause 5 of Article 36.

Article 5. Repeal Clause 7 of Article 1 of Decree No. 106/2017/NĐ-CP amending and supplementing certain Articles of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing some provisions and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business.

Chapter III

ELECTRICITY SECTOR

Article 6. Amend and supplement certain Articles and Clauses of Decree No. 137/2013/NĐ-CP dated October 21, 2013 of the Government detailing the implementation of some provisions of the Electricity Law and the Law Amending and Supplementing Some Provisions of the Electricity Law.

1. Point a of Clause 1; points b, đ of Clause 2 and Clause 5 of Article 3 shall be amended as follows:

"1. The Ministry of Industry and Trade shall be responsible for:

a) Implementing state management over power development planning; guiding the preparation, approval of annual investment plans for power development (including plans for developing power sources and transmission networks at 500 kV, 220 kV, and 110 kV levels) based on the approved national power development plan;

2. Provincial People's Committees and municipal people's committees under central cities shall be responsible for:

b) Allocating land funds in local land use plans for power projects in the power development plan;

đ) Annually summarizing, evaluating the results, impacts, and influences of the implementation of the power development planning content at the local level in the Provincial Plan, and reporting to the Ministry of Industry and Trade.

5. The Ministry of Finance, in collaboration with the Ministry of Industry and Trade, shall stipulate the annual budget for implementing the contents specified in points d and đ of Clause 1 and point đ of Clause 2 of this Article."

2. Certain contents of Article 29 shall be amended as follows:

"Article 29. Conditions for Issuing Power Generation Licenses

a) Amend the paragraph "Organizations registering for power generation activities, in addition to the general conditions prescribed in Article 28 of this Decree, must meet the following conditions:" as follows: "Organizations established in accordance with the law registering for power generation activities must meet the following conditions:"

b) Clause 1 of Article 29 shall be amended as follows:

"1. Have a power plant construction project that aligns with the approved power development plan. The construction and installation of power plant facilities according to the approved design must be inspected and accepted as required by regulations."

3. Certain contents of Article 30 shall be amended as follows:

a) Amend the paragraph "Organizations registering for power transmission activities, in addition to the general conditions prescribed in Article 28 of this Decree, must meet the following conditions:" as follows: "Organizations established in accordance with the law registering for power transmission activities must meet the following conditions:"

b) Clause 1 of Article 30 shall be amended as follows:

"1. Have technological equipment, transmission lines, and substations constructed and installed according to the approved technical design; inspected and accepted as required by regulations; fire prevention and firefighting systems must meet the requirements set forth by regulations."

4. Certain contents of Article 31 shall be amended as follows:

a) Amend the paragraph "Organizations registering for power distribution activities, in addition to the general conditions prescribed in Article 28 of this Decree, must meet the following conditions:" as follows: "Organizations established in accordance with the law registering for power distribution activities must meet the following conditions:"

b) Clause 1 and Clause 2 of Article 31 shall be amended as follows:

"1. Have technological equipment, transmission lines, and substations constructed, installed, inspected, and accepted as required by regulations; fire prevention and firefighting systems must meet the requirements set forth by regulations.

2. Personnel directly managing and operating technology must have a bachelor's degree or higher in electrical engineering and at least three years of work experience in the power distribution field. Personnel directly operating must have received specialized training in electrical engineering or hold a vocational training certificate issued by a vocational training institution, and must be tested on operational procedures and safety regulations as required by law."

5. Article 32 shall be amended as follows:

"Organizations established in accordance with the law registering for wholesale electricity trading activities must meet the condition: Personnel directly managing wholesale electricity trading must have a bachelor's degree or higher in electrical engineering, economics, finance, or a related field and at least five years of work experience in the electricity trading and sales field.

Units meeting the wholesale electricity trading conditions are permitted to engage in electricity import and export activities."

6. Certain contents of Article 33 shall be amended as follows:

a) Amend the paragraph: "Organizations and individuals registering for retail electricity trading, in addition to the general conditions prescribed in Article 28 of this Decree, must meet the following conditions:" as follows: "Organizations established in accordance with the law and individuals registering for retail electricity trading must meet the following condition:"

b) Clause 1 of Article 33 shall be amended as follows:

"1. Personnel directly managing retail electricity trading must have a diploma or higher in electrical engineering, economics, finance, or a related field and at least three years of work experience in the electricity trading and sales field."

7. Article 38 shall be amended as follows:

“Article 38. Professional activities in the power sectoradvisory in the power industry

1. Professional activities in the power sector include: Investment consulting for construction of power projects (excluding project investment planning and bidding for power projects) and supervision consulting for construction of power projects (including hydropower plants, thermal power plants, transmission lines and substations).

2. Conditions for professional activities in the power sector only apply to project components directly related to the power sector, while construction project components shall be governed by laws on construction.

3. Classification table of scale for power generation and transmission projects applicable in professional activities in the power sector:

4. For power plants using renewable energy based on water, wind, and solar power principles, they are classified and granted licensing conditions for professional activities in the power sector similar to hydropower plant projects.

5. For power plants using renewable energy based on thermal conversion principles, they are classified and granted licensing conditions for professional activities in the power sector similar to thermal power plant projects.

8. Some contents of Article 39 are amended as follows:

a) Amend the paragraph: "Organizations registering for investment consulting services for construction of hydropower plant projects, in addition to general conditions stipulated in Article 28 of this Decree, must meet the following conditions:" as follows: "Organizations established in accordance with the law registering for investment consulting services for construction of hydropower plant projects must meet the following conditions:"

b) Clause 3 and Clause 6 of Article 39 are amended as follows:

"3. Is an organization with a team of consulting experts, among whom the main consulting experts must have a bachelor's degree or higher in electrical engineering, hydropower, hydraulic engineering, geology, environment or a similar field, with at least five years of experience in consulting work and having participated in designing at least one hydropower plant project with equivalent capacity and holding a valid construction practice certificate.

6. The number of main consulting experts according to the class of hydropower projects is as follows:

Class 1: At least 25 experts;

Class 2: At least 20 experts;

Class 3: At least 15 experts;

Class 4: At least 10 experts."

9. Some contents of Article 40 are amended as follows:

a) Amend the paragraph: "Organizations registering for investment consulting services for construction of thermal power plant projects, in addition to general conditions stipulated in Article 28 of this Decree, must meet the following conditions:" as follows: "Organizations established in accordance with the law registering for investment consulting services for construction of thermal power plant projects must meet the following conditions:"

b) Clause 3 and Clause 6 of Article 40 are amended as follows:

"3. Is an organization with a team of consulting experts, among whom the main consulting experts must have a bachelor's degree or higher in electrical engineering, thermal power, geology, environment or a similar field, with at least five years of experience in consulting work and having participated in designing at least one thermal power plant project with equivalent capacity and holding a valid construction practice certificate.

6. The number of main consulting experts according to the class of thermal power projects is as follows:

Class 1: At least 20 experts;

Class 2: At least 10 experts."

10. Some contents of Article 41 are amended as follows:

a) Amend the paragraph: "Organizations registering for investment consulting services for construction of transmission lines and substations, in addition to general conditions stipulated in Article 28 of this Decree, must meet the following conditions:" as follows: "Organizations established in accordance with the law registering for investment consulting services for construction of transmission lines and substations must meet the following conditions:"

b) Clause 3 and Clause 6 of Article 41 are amended as follows:

"3. Is an organization with a team of consulting experts, among whom the main consulting experts must have a bachelor's degree or higher in electrical engineering, power systems, electrical engineering technology, electrical equipment, automation, environment or a similar field, with at least five years of experience in consulting work and having participated in designing at least one transmission line and substation project with equivalent voltage level and holding a valid construction practice certificate.

6. The number of main consulting experts according to the class of transmission line and substation projects is as follows:

Class 1: At least 20 experts;

Class 2: At least 15 experts;

Class 3: At least 10 experts;

Class 4: At least 5 experts."

11. Some contents of Article 42 are amended as follows:

a) Amend the paragraph: "Organizations registering for supervision consulting services for construction of hydropower plant projects, in addition to general conditions stipulated in Article 28 of this Decree, must meet the following conditions:" as follows: "Organizations established in accordance with the law registering for supervision consulting services for construction of hydropower plant projects must meet the following conditions:"

b) Clause 3 and Clause 6 of Article 42 are amended as follows:

"3. Is an organization with a team of consulting experts, among whom the main consulting experts must have a bachelor's degree or higher in electrical engineering or a similar field, with at least five years of experience in consulting work and having participated in supervising construction of at least one hydropower plant project with equivalent capacity and holding a valid construction practice certificate.

6. The number of main consulting experts according to the class of hydropower projects is as follows:

Class 1: At least 20 experts;

Class 2: At least 17 experts;

Class 3: At least 12 experts;

Class 4: At least 8 experts."

12. Some contents of Article 43 are amended as follows:

a) Amend the paragraph: "Organizations registering for supervision consulting services for construction of hydropower plant projects, in addition to general conditions stipulated in Article 28 of this Decree, must meet the following conditions:" as follows: "Organizations established in accordance with the law registering for supervision consulting services for construction of thermal power plant projects must meet the following conditions:"

b) Clause 3 and Clause 6 of Article 43 shall be amended as follows:

“3. Is an organization with a team of consulting experts, among whom the main consulting expert must have a bachelor's degree or higher in electrical engineering, geology, economics, finance, or a similar field, having at least five years of work experience in the consulting field, having participated in supervising construction of at least one thermal power plant project with equivalent capacity, and holding a valid construction practice certificate.

6. The number of main consulting experts according to the class of thermal power projects is as follows:

Class 1: At least 20 experts;

Class 2: Having fifteen experts or more.”

13. Some contents of Article 44 shall be amended as follows:

a) Amend the clause: "An organization registering to engage in construction supervision consulting activities for transmission lines and substations, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions" as follows: "An organization established in accordance with the law to register for engaging in construction supervision consulting activities for transmission lines and substations must meet the following conditions."

b) Clause 3 and Clause 6 of Article 44 shall be amended as follows:

“3. Is an organization with a team of consulting experts, among whom the main consulting expert must have a bachelor's degree or higher in electrical engineering, automation, or a similar field, having at least five years of work experience in the consulting field, having participated in supervising construction of at least one transmission line and substation project with equivalent voltage level, and holding a valid construction practice certificate.

6. The number of main consulting experts according to the class of transmission line and substation projects is as follows:

Class 1: At least 20 experts;

Class 2: At least 15 experts;

Class 3: At least 10 experts;

Class 4: At least 5 experts."

Article 7. Repeal some articles and clauses of Decree No. 137/2013/NĐ-CP

1. Repeal Clause 3 of Article 2.

2. Repeal Point a and Point d of Clause 2 of Article 3.

3. Repeal Article 28.

4. Repeal Clause 3 of Article 31.

5. Repeal Clause 2, Clause 3, and Clause 4 of Article 32.

6. Repeal Clause 2 and Clause 3 of Article 33.

7. Repeal Article 34, Article 35, Article 36, and Article 37.

8. Repeal Clause 1, Clause 2, and Clause 4 of Article 39.

9. Repeal Clause 1, Clause 2, and Clause 4 of Article 40.

10. Repeal Clause 1, Clause 2, and Clause 4 of Article 41.

11. Repeal Clause 1, Clause 2, and Clause 4 of Article 42.

12. Repeal Clause 1, Clause 2, and Clause 4 of Article 43.

13. Repeal Clause 1, Clause 2, and Clause 4 of Article 44.

Chapter IV

FIELD OF TRADEMARK LICENSES

Article 8. Amend Article 5 of Decree No. 35/2006/NĐ-CP dated March 31, 2006, of the Government detailing the Law on Trade regarding trademark licensing activities

“Article 5. Conditions for the Licensor

A trader is permitted to grant a trademark license when the business system intended for licensing has been operating for at least one year.”

Article 9. Repeal Article 6 and Article 7 of Decree No. 35/2006/NĐ-CP dated March 31, 2006, of the Government detailing the Law on Trade regarding trademark licensing activities.

Chapter V

FIELD OF ELECTRONIC COMMERCE

Article 10. Amend some articles of Decree No. 52/2013/NĐ-CP dated May 16, 2013, of the Government on electronic commerce

1. Clause 1 of Article 52 shall be amended as follows:

“1. Is a trader, organization, or individual who has been issued a personal tax code.”

2. Clause 1 of Article 54 shall be amended as follows:

“1. Is a trader, organization established in accordance with the law.”

3. Point a of Clause 1 of Article 61 shall be amended as follows:

“a) Is a trader, organization established under Vietnamese law.”

4. Point đ of Clause 1 of Article 62 shall be amended as follows:

“đ) Has criteria and procedures for evaluating privacy protection policies that are publicly disclosed, transparently applied uniformly to all evaluated entities;”

Article 11. Repeal Clause 2 of Article 52; Clause 2, Point b of Clause 3 of Article 54; Point b, Point c, and Point d of Clause 1 of Article 62; Point b of Clause 1 of Article 63 of Decree No. 52/2013/NĐ-CP dated May 16, 2013 of the Government on electronic commerce.

Chapter VI

FIELD OF CHEMICALS

Article 12. Repeal some Articles and Clauses of Decree No. 38/2014/NĐ-CP dated May 6, 2014 of the Government on the management of chemicals under the control of the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons.

1. Repeal Point c, Point d of Clause 1 of Article 15 and the related content amended at Article 9 of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on investment conditions in the field of international goods trade, chemicals; industrial explosives, fertilizers, gas business, food business under the management of the Ministry of Industry and Trade.

2. Repeal Point c of Clause 1 of Article 16.

Article 13. Amend Point d of Clause 1 of Article 17 of Decree No. 38/2014/NĐ-CP dated May 6, 2014 of the Government on the management of chemicals under the control of the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons.

“d) Documents and materials meeting the conditions prescribed in Points đ, e, g, h, i of Clause 1 of Article 15 of this Decree.”

Chapter VII

FIELD OF INDUSTRIAL EXPLOSIVES

Article 14. Amend some Articles and Clauses of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives.

1. Clause 1 of Article 4 shall be amended as follows:

“1. The State has a monopoly on the production and trading of industrial explosives. The number, scope, and scale of enterprises producing and trading industrial explosives shall be decided by the Prime Minister based on the specific economic and social conditions of each period, preventing abuse of the monopoly position, and ensuring national interests and legitimate rights of enterprises.”

2. Clause 3 of Article 17 is amended as follows:

“3. Products that have been researched and tested to meet current standards and technical safety requirements.”

3. Clause 1 of Article 41 is amended as follows:

“1. Issue by authority or coordinate with the Ministry of National Defense, the Ministry of Public Security, and relevant ministries and sectors to submit to the Government for issuance of legal normative documents, strategies, and plans for the development of the industrial explosives industry, explosive precursors.”

Article 15. Repeal Point b of Clause 1; Point b, Point c of Clause 2 of Article 20a of Decree No. 39/2009/NĐ-CP dated April 23, 2009 of the Government on industrial explosives supplemented at Article 13 of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on investment conditions in the field of international goods trade, chemicals, industrial explosives, fertilizers, gas business, food business under the management of the Ministry of Industry and Trade.

Article 16. Repeal Point b of Clause 4 of Article 11 of Decree No. 76/2014/NĐ-CP  dated July 29, 2014 of the Government detailing some provisions of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Management and Use of Weapons, Industrial Explosives, and Supporting Tools supplemented at Article 11 of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on investment conditions in the field of international goods trade, chemicals, industrial explosives, fertilizers, gas business, food business under the management of the Ministry of Industry and Trade.

Chapter VIII

FIELD OF FOOD BUSINESS UNDER THE SPECIAL MANAGEMENT

OF THE MINISTRY OF INDUSTRY AND TRADE

Article 17. Amend and supplement some Articles, Clauses of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on investment conditions in the field of international goods trade, chemicals, industrial explosives, fertilizers, gas business, food business under the management of the Ministry of Industry and Trade

1. Clause 1 of Article 27 is amended as follows:

“1. Equipment and tools directly contacting food must ensure safety, not cause food contamination, easy to clean, disinfect, and maintain. Mobile production equipment must be durable, easy to move, disassemble, and clean.”

2. Clause 11 of Article 30 is amended as follows:

“The direction of the ventilation system's airflow must ensure it does not blow from areas with contamination risk to areas with cleanliness requirements.”

3. Clause 3 of Article 31 is amended as follows:

“3. Insect and pest prevention equipment must not rust, be easily disassembled for maintenance and cleaning, and be designed to effectively prevent insects and pests.”

4. Point g of Clause 5 of Article 34 is amended as follows:

“g) Water after treatment must meet the standard for milk production and be stored in dedicated equipment to ensure it is not contaminated or polluted by other sources.”

5. Clause 10 of Article 34 is amended as follows:

“10. There must be an internal transportation system ensuring that processed milk products are not transported together with materials, raw materials, chemicals that could cause cross-contamination affecting the quality and safety of the product.”

Article 18. Repeal some ArticlesClauses of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on investment conditions in the field of international goods trade, chemicals, industrial explosives, fertilizers, gas business, food business under the management of the Ministry of Industry and Trade

1. Repeal Point a of Clause 1 of Article 24.

2. Repeal Point c, Point d of Clause 1; Point a of Clause 2; Point a, Point b, and Point e of Clause 3; Point a of Clause 4; Point b of Clause 5; Point b of Clause 6; Point b of Clause 8 and Clause 10 of Article 26.

3. Repeal Point c of Clause 2; Point a, Point d of Clause 3; Point b of Clause 4; Point b of Clause 5 and Point a of Clause 6 of Article 27.

4. Repeal Clause 1, Clause 2, Clause 3 and Clause 6 of Article 29.

5. Repeal Clause 3, Clause 4, Clause 6, Clause 9, Clause 10, Clause 14, Clause 15 and Clause 16 of Article 30.

6. Repeal Clause 2 of Article 31.

7. Repeal Point b, Point d and Point đ of Clause 2 of Article 33.

8. Repeal the following contents at Article 34:

a) Repeal Clause 1; Clause 2; Clause 3; Point a of Clause 4; Point a, Point b, Point c, Point d, Point e of Clause 5; Clause 6; Clause 7; Point b of Clause 8; Point a of Clause 9; Clause 12 and Clause 13 of Article 34.

b) Repeal the following contents at Point a of Clause 8:

"To be arranged separately from the production area; Raw materials and additives must be placed on shelves/racks, avoiding direct sunlight; Ensure conditions regarding temperature, humidity, time, and other storage conditions as specified in the manufacturer's guidelines or regulations; For raw materials and additives that have been opened but not fully used, they must be tightly sealed after each use and stored according to regulations; Raw materials and additives stored in the warehouse must include information such as: Name of raw materials and additives and their expiration date; Implement regular maintenance and cleaning as prescribed by the facility."

c) Repeal the following contents at point c, Clause 8:

“To be arranged separately from the production area, convenient for product import and export; Ensure constant compliance with temperature requirements, dryness, cleanliness, ventilation, and avoidance of direct sunlight to prevent changes in quality, sensory characteristics, and safety of the products; Have a dedicated area for products that do not meet quality requirements awaiting processing; Implement regular maintenance and cleaning as prescribed by the facility.”

d) Repeal the following content at point b, Clause 9:

“Daily cleaning of the area or immediately upon completion of the production cycle of each product type.”

đ) Repeal the following contents at point c, Clause 9:

“Daily cleaning of filling and pouring equipment or immediately upon completion of the production cycle of each product type; Only responsible persons or those assigned may enter this area to avoid cross-contamination.”

9. Repeal Clause 1, Clause 6, Clause 7, and Clause 9 of Article 35.

10. Repeal the following contents at Article 36:

a) Repeal Clause 1; point a, point c, point d of Clause 2; Clause 4; point a, point b, point c, point d, point e of Clause 5; Clause 6; point b; point c, point d of Clause 7; point b; point a of Clause 10; point a, point b of Clause 11 and Clause 12 of Article 36.

b) Repeal the following content at point d, Clause 3:

“The fermentation area floor made of durable, slip-resistant, non-peeling material, with a slope ensuring good drainage.”

c) Repeal the following content at point đ, Clause 3:

“The factory floor made of durable, slip-resistant, non-peeling material, ensuring good drainage. The sewage system must have a cover.”

d) Repeal the following contents at point a, Clause 7:

“Must be collected and stored in appropriate containers and placed in easily observable locations for easy collection, treatment, and not affecting the production process; Waste containers must be clearly marked or have distinguishing signs from raw material, semi-finished, or finished product containers; made of non-porous, corrosion-resistant material; ensure tight sealing, convenient for cleaning (if reused multiple times) or disposal (if used once); Solid waste must be treated by organizations or individuals permitted by competent state management authorities to operate in environmental treatment fields.”

đ) Repeal the following contents at point a, Clause 8:

“Implement regular maintenance and cleaning as prescribed by the facility; Meet storage conditions as specified in the manufacturer’s guidelines or regulations; Prevent insect, rodent, and other harmful agent damage; Include identification information for each type of raw material, food additive, processing aid, supplies, packaging, and finished products stored in the warehouse; maintain records of entries and exits for each warehouse.”

e) Repeal the following contents at point c, Clause 8:

“Ensure compliance with temperature and humidity requirements suitable for the technical preservation of each beer type as specified by the production facility; Include complete information such as: Product name, production batch, production date, shift, and other required information by the facility; Have a separate area for temporarily storing products that do not meet quality standards while awaiting processing.”

11. Repeal Clause 1, Clause 2, Clause 3, point b of Clause 6, Clause 9, Clause 11, and Clause 12 of Article 37.

12. Repeal the following contents at Article 38:

a) Repeal Clause 1; point a, point b, point c, point d, point đ of Clause 2; point a, point b of Clause 3; point a, point d of Clause 4; Clause 5; point b, point c, point d of Clause 6; point a; point b of Clause 7; point b, point c, point d of Clause 8; point a of Clause 9; Clause 10; Clause 12, Clause 13 of Article 38.

b) Repeal the following content at point a, Clause 6:

“Must be treated by organizations or individuals permitted by competent state management authorities to operate in environmental treatment fields.”

c) Repeal the following contents at point c, Clause 7:

“Ensure appropriate humidity and temperature for each type of vegetable oil, avoiding direct sunlight on the products; Include complete information such as: Product name, production batch, production date, shift, and other required information by the facility.”

13. Repeal Clause 1, Clause 6, Clause 8, Clause 9, and Clause 10 of Article 39.

14. Repeal Articles 40, 41, 42, 43, 44, 45, and 46.

Chapter IX

IMPLEMENTATION

Article 19.

1. This Decree takes effect from the date of issuance.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for guiding and implementing this Decree./.