Circular No. 13/2020/TT-BCT Amending, Supplementing, and Revoking Certain Provisions on Investment and Business Conditions within the Scope of Management under the Ministry of Industry and Trade

CIRCULAR

Amending, supplementing, and abolishing certain provisions on investment and business conditions within the scope of management under the Ministry of Industry and Trade

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Pursuant to Decree No. 98/2017/NĐ-CP dated November 27, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 17/2020/NĐ-CP dated February 5, 2020 of the Government amending and supplementing one number article of the decrees related to investment and business conditions within the scope of management under the Ministry of Industry and Trade;

At the proposal of the Director of the Legal Department;

The Minister of Industry and Trade issues this Circular to amend, supplement, and abolish certain provisions on investment and business conditions within the scope of management under the Ministry of Industry and Trade. 

PART I

FIELD OF FOOD BUSINESS

Article 1. Supplementing and abolishing certain clauses of Circular No. 43/2018/TT-BCT dated November 15, 2018 of the Minister of Industry and Trade stipulating food safety management under the responsibility of the Ministry of Industry and Trade

1. Abolish Article 4, Article 5.

2. Abolish sample numbers 01a, 01b, 02a, 02b, 3a, 3b, 04, 05a, 05b, 05c of the Appendix issued together with Circular No. 43/2018/TT-BCT.

3. Supplement Clause 4 of Article 6 as follows:

"4. The owner of the facility confirms the training on food safety knowledge according to Model 01 and Model 02 at Appendix I attached hereto."

Article 2. Abolishing certain contents in Article 9 of Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated April 9, 2014 between the Ministers of Health, Agriculture and Rural Development, and Industry and Trade guiding the division of responsibilities and coordination in state management of food safety

Abolish the following content: "The Department of Science and Technology - Ministry of Industry and Trade is the lead agency advising the Minister of Industry and Trade to designate agencies and units operating in the food industry sector to carry out confirmation of food safety knowledge."

Chapter II

FIELD OF CHEMICALS

Article 3. Amending and abolishing certain clauses of Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade detailing and guiding the implementation of certain articles of Decree No. 38/2014/NĐ-CP dated May 6, 2014 of the Government on the management of chemicals under the Chemical Weapons Convention

1. Clause 1 of Article 6 is amended as follows:

"A copy of the Enterprise Registration Certificate or Investment Certificate or Business Registration Certificate."

2. Abolish Clause 3, Clause 5, and Clause 6 of Article 6.

3. Abolish Model 2 of the Appendix issued together with the Circular.

Article 4. Abolishing certain clauses of Circular No. 48/2018/TT-BCT dated November 21, 2018 of the Minister of Industry and Trade amending certain articles of Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade detailing and guiding the implementation of certain articles of Decree No. 38/2014/NĐ-CP dated May 6, 2014 of the Government on the management of chemicals under the Chemical Weapons Convention

1. Abolish Clause 1 of Article 1.

2. Abolish Clause 1 and Clause 2 of Article 2.

Chapter III

FIELD OF MINERAL COMMODITIES BUSINESS

Article 5. Amending and abolishing certain clauses of Circular No. 12/2016/TT-BCT dated July 5, 2016 of the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 41/2012/TT-BCT dated December 21, 2012 of the Minister of Industry and Trade stipulating mineral commodity exports

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

"This Circular stipulates the list and quality standards for exported minerals."

2. Clause 5 of Article 1 is amended as follows:

"Article 7. Report on the Implementation of Mineral Exports

1. The content of the report on the implementation of mineral exports according to Form 01 and Form 02 in Appendix 2 attached hereto.

1. The Industrial Department (Ministry of Industry and Trade) is responsible for organizing regular inspections of compliance with regulations on mineral exports under this Circular and relevant laws, handling issues arising during the export of minerals.

a) Merchants who have conducted mineral exports in the quarter shall submit the report according to Form 01 in Appendix 2 to the Ministry of Industry and Trade (Industry Department), Provincial Industry Department, and Provincial Customs Office where the merchant has its main office no later than the 15th day of the first month of the next quarter.

b) The People's Committee of the province where the merchant exporting minerals is located shall compile the report every six months and annually according to Form 02 in Appendix 2 and send it to the Ministry of Industry and Trade (Industry Department) no later than July 31 and January 31 each year.

3. When competent authorities require a special report for management purposes, merchants shall be responsible for submitting the report as required."

3. Clause 6 of Article 1 is amended as follows:

"Article 10. Implementation Organization

State management agencies and enterprises engaged in mineral export activities are responsible for implementing this Circular. Any difficulties encountered during implementation should be promptly reported in writing to the Ministry of Industry and Trade for consideration and resolution."

4. Abolish Clause 2, Clause 3, and Clause 4 of Article 1.

Article 6. Amending and Repealing Certain Clauses of Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on Conditions for Coal Trading Activities

1. Amend the name of the Circular as follows: "Circular on Coal Trading Activities."

2. Clause 1 shall be amended as follows:

"Article 1. Scope of Regulation

This Circular stipulates coal trading activities, including domestic purchase and sale, export, import, temporary import for re-export, transshipment, transportation, storage, and agency.

3. Clause 1 and Clause 2 of Article 5 shall be amended as follows:

"1. The Oil and Gas Department (Ministry of Industry and Trade) shall be responsible for organizing and coordinating with relevant ministries, sectors, and localities to periodically inspect compliance with this Circular and related laws. 2. Based on the actual situation of coal mining, processing, and trading activities, the Oil and Gas Department shall report to the Minister of Industry and Trade to consider amending and supplementing this Circular when necessary."

4. Abolish clause 3, Article 3.

Article 7. Amending and Repealing Certain Clauses of Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on Coal Export

1. Article 7 shall be amended as follows:

"Article 7. Management Responsibilities

1. The Oil and Gas Department (Ministry of Industry and Trade) shall be responsible for organizing and coordinating with relevant ministries, sectors, and localities to periodically inspect compliance with this Circular and related laws. 2. Based on the actual situation of coal mining, processing, and trading activities, the Oil and Gas Department shall report to the Minister of Industry and Trade to consider amending and supplementing this Circular when necessary."

2. Appendix II attached hereto replaces Appendix I issued together with Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade on Coal Export.

3. Repeal Clause 2 of Article 4.

4. Repeal Article 5.

Article 8. Repealing Article 5 of Circular No. 28/2017/TT-BCT dated December 8, 2017 of the Minister of Industry and Trade amending, supplementing, and repealing certain Circulars in the field of petroleum products trading, conformity assessment services, and import and export under the management of the Ministry of Industry and Trade.

Chapter IV

ELECTRICITY SECTOR

Article 9. Repealing Clause 2 of Article 25 of Circular No. 43/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade on Content, Procedures, and Approvals for Electricity Development Planning which has been amended by Article 2 of Circular No. 24/2016/TT-BCT dated November 30, 2016 of the Minister of Industry and Trade on Shortening Timeframes for Access to Electricity.

Chapter V

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from August 3, 2020.

2. Relevant units under the Ministry and organizations and individuals concerned shall be responsible for implementing this Circular./.