Circular No. 13/2011/TT-BCT amends and supplements administrative procedures under the Regulation on the management of precursors used in the industrial sector issued together with Decision No. 134/2003/QĐ-BCN dated August 25, 2003 of the Minister of Industry.

CIRCULAR

Amending and supplementing administrative procedures under the Regulation on managing precursor chemicals for industrial use

issued together with Decision No. 134/2003/QĐ-BCNdated August 25, 2003 of the Minister of Industry

Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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Pursuant to Resolution No. 59/NQ-CP dated December 17, 2010 of the Government on simplifying administrative procedures within the scope of functions of the Ministry of Industry and Trade;

The Minister of Industry and Trade amends and supplements Article 8 of the Regulation on managing precursor chemicals for industrial use issued together with Decision No. 134/2003/QĐ-BCN dated August 25, 2003 of the Minister of Industry (now the Ministry of Industry and Trade) as follows:

Article 1. Amending and supplementing Article 8 of the Regulation on managing precursor chemicals for industrial use issued together with Decision No. 134/2003/QĐ-BCN

1. Enterprises meeting the conditions prescribed in Clause 1, Article 1 of Decision No. 41/2006/QĐ-BCN dated December 1, 2006 of the Minister of Industry amending Article 6 and Clause d, Article 8 of the Regulation on managing precursor chemicals for industrial use issued together with Decision No. 134/2003/QĐ-BCN dated August 25, 2003 of the Minister of Industry (now the Ministry of Industry and Trade) shall be granted Import and Export Permits by the Minister of Industry and Trade.

2. Documents for requesting Import and Export Permits to be submitted to the Chemicals Department include:

a) Application for import and export in accordance with Appendix 1 attached to this Circular;

b) Import and export contracts or other documents such as principle agreements, sales agreements, purchase agreements. In case the application is submitted through postal service, enterprises must submit certified copies of the contracts; in case the application is submitted directly, enterprises must submit copies of the contracts along with original documents for comparison.

a) Within a period not exceeding three working days from the date of receipt of the application for the Import and Export Permit, the Chemicals Department shall notify organizations and individuals of the incomplete or non-compliant contents of the application and request enterprises to complete the application once.

3. Time Limit for Issuing a Permit

b) Within a period not exceeding ten working days from the date of receipt of the valid application as prescribed in Clause 2 of this Article, the Chemicals Department shall examine and review the application and issue a decision granting the Import and Export Permit by the Minister of Industry and Trade or provide a written response stating the reasons for not granting the permit.

4. Validity of the Permit

The Permit is issued based on the import and export contract and is valid for the duration specified in the Permit.

5. Extension of the Permit

a) In case the validity period specified in the Permit has expired but the import or export activities have not been completed, enterprises must submit a letter of request along with a copy of the issued Permit and a copy of the customs clearance certificate for the Ministry of Industry and Trade to consider extending the validity period.

Copies of the Permit and the customs clearance certificate may be submitted in one of the following forms:

- Certified copies: for applications submitted through postal service;

- Copies accompanied by original documents for comparison: for direct submissions;

- Scanned copies from the original: for electronic submissions.

b) Within a period not exceeding three working days from the date of receipt of the application for extension of the Permit, the Chemicals Department shall notify organizations and individuals of the incomplete or non-compliant contents of the application and request enterprises to complete the application once.

The time limit for issuing an extended Permit is no later than ten working days from the date of receipt of the application and documents as prescribed in Subpoint a of this Clause. The Permit can only be extended once per planning year, and the extension period shall not exceed three months.

This Circular takes effect from May 15, 2011./.

Article 2. Effective Date

This Circular takes effect from May 15, 2011./.