Decree No. 17/2020/ND-CP amends and supplements certain provisions of Decrees related to business investment conditions under the sectoral management of the Ministry of Industry and Trade. The document stipulates regulations on automobile production, importation, and trade; electricity; chemicals; food; gas; and alcohol. Main provisions focus on determining the subjects, conditions, procedures, and specific obligations for business activities in each field.
适用范围
Enterprises engaged in automobile production, importation, and trade; electricity; chemicals; food; gas; and alcohol. Relevant state administrative agencies.
要点
- Automobile production, assembly, importation, and provision of warranty and maintenance services must comply with regulations on quality inspection, technical safety, and environmental protection for representative samples and testing.
- Technical managers and operators in the electricity sector must hold a bachelor's degree and have relevant experience.
- Enterprises producing chemicals listed in Table 1, Table 2, Table 3, DOC, and DOC-PSF must comply with regulations on exhaust gas and waste treatment.
- Food production and trading establishments must meet food safety conditions appropriate to their respective types of production and trading activities.
- Merchants trading industrial alcohol and producing handcrafted alcohol with an alcohol content of 5.5 degrees or higher must obtain a license or register according to regulations.
🌐 本文件的社会影响
- Positive impact: Strengthening quality and safety management in business activities, protecting consumer rights.
- Negative impact: Increased costs for enterprises due to compliance with more specific regulations.
❓ 常见问题
What conditions must enterprises producing specialized automobiles meet?
Subjects engaged in automobile production, assembly, importation, and provision of warranty and maintenance services for specialized automobiles must comply with regulations on quality inspection, technical safety, and environmental protection for representative samples and testing.
What academic qualifications are required for technical managers in the electricity sector?
Direct technical managers must hold a bachelor's degree or higher in electrical engineering technology and have at least five years of relevant experience.
What exhaust gas treatment regulations must chemical production enterprises comply with?
Establish an exhaust gas and chemical waste treatment system that complies with environmental laws and meets current national technical standards.
What conditions must food production and trading establishments meet?
Meet food safety conditions appropriate to their respective types of food production and trading activities as stipulated by law.
Must merchants trading industrial alcohol obtain a license or register?
Merchants producing industrial alcohol and handcrafted alcohol for commercial purposes such as distribution, wholesale, and retail sales of alcohol with an alcohol content of 5.5 degrees or higher must obtain a license.
全文
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Ịcónc thông tin diện tứ chính phủ|
Ký bởi: Cổng Thông tin điện tử Chính phủ Email: [email protected] Cơquan: Văn phòngChính phủ Thời gian ký: 12.02.2020 15:47:08 +07:00
THE GOVERNMENT
…17/2020/NĐ-CP Hà Nội, ngày 05 tháng 02 năm 2020
CỘNG THÔNG TIN DIỆN TỬ CHÍNH PHỦ ô z
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N |||9toy:-^^to&| DECREE
Sửa đổi, bổ sung một số điều của các Nghị định liên quan đến điều kiện đầu tư kinh doanh thuộc lĩnh vực quản lý nhà nước của Bộ Công Thương
Căn cứ Luật Thương mại ngày 14 tháng 6 năm 2005;
||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Căn cứ Luật An toàn thực phẩm ngày 17 tháng 6 năm 2010;
The Government issues this Decree amending and supplementing the list of narcotic substances and precursors promulgated together with Decree No. 57/2022/NĐ-CP dated August 25, 2022 of the Government stipulating the lists of narcotic substances and precursors.
Căn cứ Luật Điện lực ngày 03 tháng 12 năm 2004 và Luật sửa đổi, bổ sung một số điều của Luật Điện lực ngày 20 tháng 11 năm 2012;
Căn cứ Luật Phòng, chống tác hại của thuốc lá ngày 18 tháng 6 năm 2012;
Căn cứ Luật Đầu tư ngày 26 tháng 11 năm 2014 và Luật sửa đổi, bổ sung Điều 6 và Phụ lục 4 về danh mục ngành, nghề đầu tư kinh doanh có điều kiện của Luật Đầu tư ngày 22 tháng 11 năm 2016;
Căn cứ Luật Phòng, chống tác hại của rượu, bia ngày 14 tháng 6 năm 2019;
Chính phủ ban hành Nghị định sửa đổi, bổ sung một số điều của các Nghị định liên quan đến điều kiện đầu tư kinh doanh thuộc lĩnh vực quản lý nhà nước của Bộ Công Thương.
At the proposal of the Minister of Industry and Trade;
LĨNH VỰC SẢN XUẤT, LẮP RÁP, NHẬP KHẨU
PART I
VỀ KINH DOANH DỊCH VỤ BẢO HÀNH, BẢO DƯỠNG Ô TÔ
Điều 1. Sửa đổi, bổ sung một số điều của Nghị định số 116/2017/NĐ-CP ngày 17 tháng 10 năm 2017 của Chính phủ quy định điều kiện sản xuất, lắp ráp, nhập khẩu và kinh doanh dịch vụ bảo hành, bảo dưỡng ô tô
Điểm b khoản 2 Điều 2 được sửa đổi như sau:
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Ô tô chuyên dùng, ô tô chở người chuyên dùng, ô tô chở hàng chuyên dùng, ô tô chở hàng loại khác theo định nghĩa tại TCVN 6211: Phương tiện giao thông đường bộ - Kiểu - Thuật ngữ và định nghĩa; TCVN 7271: Phương tiện giao thông đường bộ - Ô tô - Phân loại theo mục đích sử dụng.”
Điểm a khoản 2 Điều 6 được sửa đổi như sau:
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“a) Ô tô chưa qua sử dụng nhập khẩu
Ô tô chưa qua sử dụng nhập khẩu được quản lý chất lượng theo phương thức sau:
-
+ Đối với ô tô nhập khẩu được sản xuất từ nước áp dụng phương thức chứng nhận theo kiểu loại thì cơ quan quản lý chất lượng đánh giá kiểu loại trên cơ sở kết quả kiểm tra, thử nghiệm về chất lượng an toàn kỹ thuật và bảo vệ môi trường đối với mẫu đại diện và kết quả đánh giá điều kiện đảm bảo chất lượng tại cơ sở sản xuất;
+ Đối với ô tô nhập khẩu được sản xuất từ nước áp dụng phương thức quản lý tự chứng nhận thì cơ quan quản lý chất lượng đánh giá kiểu loại trên cơ sở kết quả kiểm tra, thử nghiệm về chất lượng an toàn kỹ thuật và bảo vệ môi trường đối với mẫu đại diện và thông qua thử nghiệm mẫu lấy trên thị trường.
Tần suất đánh giá kiểu loại tối đa là 36 tháng.”
-
Khoản 3 Điều 6 được sửa đổi như sau:
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“3. Bộ Giao thông vận tải quy định chi tiết và hướng dẫn thực hiện kiểm tra chất lượng an toàn kỹ thuật và bảo vệ môi trường đối với ô tô sản xuất, lắp ráp trong nước và ô tô nhập khẩu theo quy định của pháp luật về chất lượng sản phẩm hàng hóa và Nghị định này.”
Bổ sung khoản 4 Điều 6 như sau:
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“4. Trong quá trình sản xuất, lắp ráp ô tô, doanh nghiệp phải tuân thủ quy định của pháp luật về bảo vệ môi trường, an toàn, vệ sinh lao động, phòng cháy và chữa cháy.”
Bổ sung điểm đ khoản 1 Điều 19 như sau:
-
“đ) Doanh nghiệp nhập khẩu và tạm nhập ô tô có phần mềm thiết bị định vị chứa bản đồ vi phạm chủ quyền, thống nhất và toàn vẹn lãnh thổ của nước Cộng hòa xã hội chủ nghĩa Việt Nam.”
Bổ sung điểm i khoản 2 Điều 19 như sau:
-
“i) Doanh nghiệp nhập khẩu và tạm nhập ô tô có phần mềm thiết bị định vị chứa bản đồ vi phạm chủ quyền, thống nhất và toàn vẹn lãnh thổ của nước Cộng hòa xã hội chủ nghĩa Việt Nam.”
Sửa đổi điểm d khoản 2 Điều 22 như sau:
-
“d) Tài liệu chứng minh cơ sở bảo hành, bảo dưỡng ô tô đáp ứng đủ các điều kiện quy định tại khoản 1, 5 và 7 Điều 21 Nghị định này: 01 bản sao.”
Bổ sung khoản 8 Điều 27 như sau:
-
“8. Trong quá trình bảo hành, bảo dưỡng, cơ sở bảo hành, bảo dưỡng ô tô phải tuân thủ quy định của pháp luật về bảo vệ môi trường, an toàn, vệ sinh lao động, phòng cháy và chữa cháy.”
Thay thế mẫu số 05 của Phụ lục ban hành kèm theo Nghị định số 116/2017/NĐ-CP bằng mẫu số 15 Mục III tại Phụ lục ban hành kèm theo Nghị định này.
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Replace Model 05 attached to Decree No. 116/2017/NĐ-CP with Model 15 Section III attached to this Decree.
Article 2. Repeal certain Articles and Clauses of Government Decree No. 116/2017/NĐ-CP dated October 17, 2017, detailing conditions for production, assembly, importation, and warranty and maintenance services for automobiles.
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Repeal Clause 11 of Article 3.
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Repeal Clauses 2, 3, 4, and 5 of Article 7.
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Repeal Points e and h of Clause 2 of Article 8.
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Repeal Clauses 8, 9, and 10 of Article 21.
Chapter n
ELECTRIC POWER SECTOR
Article 3. Amend and supplement certain Articles and Clauses of Government Decree No. 137/2013/NĐ-CP dated October 21, 2013, detailing implementation of certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law, and Government Decree No. 08/2018/NĐ-CP dated January 15, 2018, amending certain Decrees related to investment and business conditions under the management of the Ministry of Industry and Trade.
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Amend Point b of Clause 3 of Article 6 of Government Decree No. 08/2018/NĐ-CP and Clause 2 of Article 30 of Government Decree No. 137/2013/NĐ-CP.
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Point b of Clause 3 of Article 6 of Government Decree No. 08/2018/NĐ-CP shall be amended as follows:
"b) Clause 1 of Article 30 shall be amended as follows:
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Technical equipment, transmission lines, and transformer stations must be constructed and installed according to approved technical designs; they must pass inspection and acceptance meeting requirements as prescribed."
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Clause 2 of Article 30 of Government Decree No. 137/2013/NĐ-CP shall be amended as follows:
"2. The direct technical manager must hold a bachelor's degree or higher in electrical engineering technology and have at least five years of experience in power transmission.
The direct operator must be trained in the electrical field, receive safety training, and hold an operating certificate as prescribed."
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Point b of Clause 4 of Article 6 of Government Decree No. 08/2018/NĐ-CP shall be amended as follows:
"b) Clause 1 and 2 of Article 31 shall be amended as follows:
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Technical equipment, transmission lines, and transformer stations must be constructed and installed according to approved technical designs; they must pass inspection and acceptance meeting requirements as prescribed.
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The direct technical manager must hold a bachelor's degree or higher in electrical engineering technology and have at least three years of work experience in power distribution.
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The direct operator must be trained in the electrical field, s receive safety training, and hold an operating certificate as prescribed.”
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Add Article 31a following Article 31 of Government Decree No. 137/2013/NĐ-CP as follows:
"Article 31a. Fire prevention and firefighting requirements during electricity operations
Organizations engaged in power generation, transmission, and distribution must comply with fire prevention and firefighting laws."
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Clause 5 of Article 6 of Government Decree No. 08/2018/NĐ-CP shall be amended as follows:
"5. Article 32 shall be amended as follows:
Organizations established in accordance with the law to engage in wholesale electricity trading must meet the following conditions:
The direct manager of wholesale electricity trading must hold a bachelor's degree or higher in one of the following fields: electrical engineering technology, engineering, economics, finance, and have at least five years of work experience in the electricity trading sector.
Units meeting the wholesale electricity trading conditions are permitted to engage in electricity export and import activities.”
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Point b of Clause 6 of Article 6 of Government Decree No. 08/2018/NĐ-CP shall be amended as follows:
"b) Clause 1 of Article 33 shall be amended as follows:
1. The direct manager of retail electricity trading must hold a diploma or higher in one of the following fields: electrical engineering, engineering, economics, finance, and have at least three years of work experience in the electricity trading sector."
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Clause 7 of Article 6 of Government Decree No. 08/2018/NĐ-CP shall be amended as follows:
"7. Article 38 shall be amended as follows:
Article 38. Activities of specialized power engineering consultancy
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The conditions for engaging in specialized power engineering consultancy shall only apply to projects directly related to the power sector; other construction projects shall be governed by laws on construction.
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Specialized power engineering consultancy activities include: consultancy for power project design and supervision of power project construction.
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Power projects include:
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Power plants: Hydroelectric, wind, solar, thermal (coal, gas, oil, biomass, solid waste);
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Transmission lines and substations.
| Hydroelectric, wind, solar | Thermal | Transmission lines and substations | |
| Class 1 | No limit on capacity scale | No limit on capacity scale | No limit on voltage level |
| Class 2 | Up to 300 MW | Over 300 MW | Up to 220 kV |
| Class 3 | Up to 100 MW | Up to 110 kV | |
| Class 4 | Up to 30 MW | Up to 35 kV |
7. Name of Article 39 of Decree No. 137/2013/ND-CP is amended as follows:
"Article 39. Conditions for issuing a consultancy permit for hydroelectric power plant design"
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Clause 8 of Article 6 of Decree No. 08/2018/ND-CP is amended as follows:
"8. Some contents of Article 39 are amended as follows:"
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Organizations established in accordance with the law that register to engage in consultancy for hydroelectric power plant design must meet the following conditions:
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Clause 3 and 6 of Article 39 are amended as follows:
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The lead consultant must have a bachelor's degree or higher in electrical engineering or hydropower or water resources; have at least five years of experience in consultancy; have led at least one project or participated in designing at least two equivalent-class hydroelectric power plants; hold a professional practice certificate in the design field of equivalent class.
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Other consultants must have a bachelor's degree or higher in one of the following fields: geodesy, geology, construction, water resources, hydropower, electrical engineering, power systems, electrical equipment, automation; have at least five years of experience in consultancy; have participated in designing at least one equivalent-class hydroelectric power plant project; hold a professional practice certificate in the design field of equivalent class.
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Add Article 39a after Article 39 of Decree No. 137/2013/ND-CP as follows:
"Article 39a. Conditions for issuing a consultancy permit for wind and solar power plant design"
Organizations established in accordance with the law that register to engage in consultancy for wind and solar power plant design must meet the following conditions:
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The lead consultant must have a bachelor's degree or higher in electrical engineering or renewable energy; have at least five years of experience in consultancy; have led at least one project or participated in designing at least two equivalent-class wind or solar power plants; hold a professional practice certificate in the design field of equivalent class.
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Other consultants must have a bachelor's degree or higher in one of the following fields: geodesy, geology, construction, renewable energy, electrical construction, renewable energy, electrical engineering, power systems, electrical equipment, automation; have at least five years of experience in consultancy; have participated in designing at least one equivalent-class wind or solar power plant project; hold a professional practice certificate in the design field of equivalent class.
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Name of Article 40 of Decree No. 137/2013/ND-CP is amended as follows:
"Article 40. Conditions for issuing a consultancy permit for thermal power plant design"
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Clause 9 of Article 6 of Decree No. 08/2018/ND-CP is amended as follows:
"9. Some contents of Article 40 are amended as follows:"
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Organizations established in accordance with the law that register to engage in consultancy for thermal power plant design must meet the following conditions:
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Clause 3 and 6 of Article 40 are amended as follows:
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The lead consultant must have a bachelor's degree or higher in electrical engineering or thermal power; have at least five years of experience in consultancy; have led at least one project or participated in designing at least two equivalent-class thermal power plants; hold a professional practice certificate in the design field of equivalent class. This Circular takes effect from August 1, 2022./. Other consultants must have a bachelor's degree or higher in one of the following fields: geodesy, geology, construction, electrical engineering, thermal power, electrical equipment, automation; have at least five years of experience in consultancy; have participated in designing at least one equivalent-class thermal power plant project; hold a professional practice certificate in the design field of equivalent class.
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Other consulting experts must have a bachelor's degree or higher in one of the following fields: geodesy, geology, construction, electricity, thermal power, electrical equipment, automation; at least five years of work experience in the consulting field; having participated in designing at least one thermal power plant project of equivalent class; holding a professional practice certificate in design of equivalent class.
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Name of Article 41 of Decree No. 137/2013/ND-CP is amended as follows:
"Article 41. Conditions for issuing a consultancy permit for transmission line and substation design"
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Clause 10 of Article 6 of Decree No. 08/2018/ND-CP is amended as follows:
"10. Some contents of Article 41 are amended as follows:"
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Organizations established in accordance with the law that register to engage in consultancy for transmission line and substation design must meet the following conditions:
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Clause 3 and 6 of Article 41 are amended as follows:
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The lead consultant must have a bachelor's degree or higher in electrical engineering; have at least five years of experience in consultancy; have led at least one project or participated in designing at least two equivalent-class transmission line and substation projects; hold a professional practice certificate in the design field of equivalent class.
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Other consultants must have a bachelor's degree or higher in one of the following fields: geodesy, geology, construction, electrical engineering, power systems, electrical equipment, automation; have at least five years of experience in consultancy; have participated in designing at least one equivalent-class transmission line and substation project; hold a professional practice certificate in the design field of equivalent class.
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Name of Article 42 of Decree No. 137/2013/ND-CP is amended as follows:
"Article 42. Conditions for issuing a consultancy permit for supervising the construction of hydroelectric power plant projects"
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Clause 11 of Article 6 of Decree No. 08/2018/ND-CP is amended as follows:
"11. Certain contents of Article 42 shall be amended as follows:
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An organization established in accordance with the provisions of the law registering to operate construction supervision consulting services for hydroelectric power plant projects must meet the following conditions:
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Clause 3 and 6 of Article 42 shall be amended as follows:
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The consultant specialist assuming the position of chief supervisor must have a bachelor's degree or higher in electrical engineering, hydropower, or irrigation; have at least five years of work experience in the field of consulting; have served as chief supervisor for at least one project or participated in construction supervision for at least two hydropower plant projects of equivalent class; hold a certificate of practice in construction activities in the field of construction supervision of equivalent class.
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Other consultant specialists must have a bachelor's degree or higher in one of the following fields: construction, irrigation, hydropower, electrical engineering, power systems, electrical equipment, automation; have at least five years of work experience in the field of consulting; have participated in construction supervision for at least one hydropower plant project of equivalent class; hold a certificate of practice in construction activities in the field of construction supervision of equivalent class."
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Article 42a shall be added after Article 42 of Decree No. 137/2013/NĐ-CP as follows:
"Article 42a. Conditions for issuing a permit for construction supervision consulting services for wind power and solar power plant projects
An organization established in accordance with the provisions of the law registering to operate construction supervision consulting services for wind power and solar power plant projects must meet the following conditions:
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The consultant specialist assuming the position of chief supervisor must have a bachelor's degree or higher in electrical engineering or renewable energy; have at least five years of work experience in the field of consulting; have served as chief supervisor for at least one project or participated in construction supervision for at least two wind power or solar power plant projects of equivalent class; hold a certificate of practice in construction activities in the field of construction supervision of equivalent class.
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Other consultant specialists must have a bachelor's degree or higher in one of the following fields: construction, renewable energy, electrical engineering, power systems, electrical equipment, automation; have at least five years of work experience in the field of consulting; have participated in construction supervision for at least one wind power or solar power plant project of equivalent class; hold a certificate of practice in construction activities in the field of construction supervision of equivalent class."
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Point b of Clause 12 of Article 6 of Decree No. 08/2018/NĐ-CP shall be amended as follows:
"b) Clause 3 and 6 of Article 43 shall be amended as follows:
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The consultant specialist assuming the position of chief supervisor must have a bachelor's degree or higher in electrical engineering or thermal power; have at least five years of work experience in the field of consulting; have served as chief supervisor for at least one project or participated in construction supervision for at least two thermal power plant projects of equivalent class; hold a certificate of practice in construction activities in the field of construction supervision of equivalent class.
6. Other consultant specialists must have a bachelor's degree or higher in one of the following fields: construction, electrical engineering, thermal power, electrical equipment, automation; have at least five years of work experience in the field of consulting; have participated in construction supervision for at least one thermal power plant project of equivalent class; hold a certificate of practice in construction activities in the field of construction supervision of equivalent class."
18. Point b of Clause 13 of Article 6 of Decree No. 08/2018/NĐ-CP shall be amended as follows:
"b) Clause 3 and 4 of Article 44 shall be amended as follows:
3. The consultant specialist assuming the position of chief supervisor must have a bachelor's degree or higher in electrical engineering; have at least five years of work experience in the field of consulting; have served as chief supervisor for at least one project or participated in construction supervision for at least two transmission line and substation projects of equivalent class; hold a certificate of practice in construction activities in the field of construction supervision of equivalent class.
6. Other consultant specialists must have a bachelor's degree or higher in one of the following fields: construction, electrical engineering, power systems, electrical equipment, automation; have at least five years of work experience in the field of consulting; have participated in construction supervision for at least one transmission line and substation project of equivalent class; hold a certificate of practice in construction activities in the field of construction supervision of equivalent class."
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Article 45 of Decree No. 137/2013/NĐ-CP shall be amended as follows:
"Article 45. Competence to issue, amend, and supplement power operation licenses
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Competence to issue power operation licenses
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The Ministry of Industry and Trade shall issue power operation licenses for transmission activities and power generation activities of large power plants with significant special importance to the economy, society, national defense, and security, as approved by the Prime Minister;
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The Electricity Regulatory Authority shall issue power operation licenses for distribution activities, wholesale electricity sales, retail electricity sales, specialized electricity consulting services, and power generation activities of power plants with capacity from 03 MW upwards, excluding cases stipulated in point a of this clause;
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Provincial People's Committees shall issue power operation licenses to organizations and individuals conducting small-scale power activities within their localities in accordance with guidelines issued by the Ministry of Industry and Trade.
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Power operation licenses may be amended or supplemented in the following cases:
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Upon request of the organization or individual holding the license when there is a change in one of the contents specified in the power operation license;
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In cases where it is necessary to protect economic and social interests and public interest, the licensing authority has the right to amend or supplement power operation licenses for transmission and distribution activities. Such amendments or supplements must be consistent with the capabilities of the entity holding the license.
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In cases where there are errors in the contents recorded in the issued license, the licensing authority shall be responsible for amending the issued license."
Article 4. Repeal certain articles and clauses of Decree No. 137/2013/NĐ-CP
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Repeal Clause 4 and Clause 6 of Article 29.
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Repeal Clause 5 of Article 39.
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Repeal Clause 5 of Article 40.
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Repeal Clause 5 of Article 41.
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Repeal Clause 5 of Article 42.
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Repeal Clause 5 of Article 43.
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Repeal Clause 5 of Article 44.
Chapter m
CHEMICAL FIELD
Article 5. Amend Article 13 of Decree No. 08/2018/NĐ-CP dated January 15, 2018, of the Government amending some decrees related to investment and business conditions under the management of the Ministry of Industry and Trade
"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 subject to control under the Chemical Weapons Convention
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Documents and materials meeting the conditions prescribed in points h and i of Clause 1 of Article 15 of this Decree."
Article 6. Amend and supplement some articles and clauses of Decree No. 38/2014/NĐ-CP dated May 6, 2014, of the Government on the management of chemicals subject to control under the Chemical Weapons Convention and Decree No. 77/2016/NĐ-CP dated July 1, 2016, of the Government amending and supplementing some provisions on investment and business conditions in the field of international trade, chemicals, industrial explosives, fertilizers, gas trading, and food business under the management of the Ministry of Industry and Trade
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Point a of Clause 1 of Article 15 of Decree No. 38/2014/NĐ-CP shall be amended as follows:
"a) Is a company established in accordance with the law;"
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Clause 1 of Article 16 of Decree No. 38/2014/NĐ-CP shall be amended as follows:
"1. Organizations and individuals producing chemicals in Table 2 and Table 3 must meet the following conditions:
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Are companies established in accordance with the law;
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Meet the requirements for human resources prescribed in points h and i of Clause 1 of this Decree."
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Supplement Article 18a after Article 18 of Decree No. 38/2014/NĐ-CP as follows:
"Article 18a. General requirements for the production of chemicals in Table 1, Table 2, Table 3, DOC chemicals, and DOC-PSF chemicals
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Have exhaust gas treatment systems and chemical waste disposal systems complying with environmental laws and meeting current national technical standards for industrial emissions, hazardous waste thresholds, and solid waste.
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Have transportation means suitable for the type of chemical from the production facility to the delivery location. If such means are not available, they must have contracts with entities capable of transporting the chemicals.
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Comply with laws on environmental protection, safety, labor hygiene, fire prevention, and firefighting."
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Clause 1 of Article 19 of Decree No. 38/2014/NĐ-CP shall be amended as follows: "1. Requirements for organizations and individuals exporting and importing
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Are companies established in accordance with the law;
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Engage in transactions with organizations or individuals of member states of the Chemical Weapons Convention."
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Point b of Clause 2 of Article 19 of Decree No. 38/2014/NĐ-CP shall be amended as follows:
"b) A copy of the Business Registration Certificate or Investment Certificate or Business Registration Certificate."
-
Supplement point c of Clause 3 of Article 19 of Decree No. 38/2014/NĐ-CP as follows: "c) The Prime Minister issues Export and Import Licenses for chemicals in Table 1; the Ministry of Industry and Trade issues Export and Import Licenses for chemicals in Table 2 and Table 3." 7. Clause 1 of Article 20 of Decree No. 38/2014/NĐ-CP shall be amended as follows: "1. Conditions for the production of DOC and DOC-PSF chemicals
-
Are companies established in accordance with the law;
-
Meet the requirements for human resources prescribed in point h and i of Clause 1 of this Decree."
Article 7. Repeal certain 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, and Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on investment and business operations in the fields of import-export trade, chemicals, industrial explosives, fertilizers, gas sales, food business, and falling within the scope of management by the Ministry of Industry and Trade.
-
Repeal certain Articles and Clauses of Decree No. 38/2014/NĐ-CP as follows:
-
Repeal points b, e, and g Clause 1 Article 15;
-
Repeal point c Clause 1 Article 17.
-
Repeal point đ Clause 1 Article 15 of Decree No. 38/2014/NĐ-CP amended at Article 9 of Decree No. 77/2016/NĐ-CP.
Article 8. Amend and supplement certain Articles and Clauses of Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Law on Chemicals. ; Regulations detailing and guiding the implementation of certain provisions of the Law on Chemicals.
-
Supplement Clause 11 to Article 1 as follows:
-
1. The following products are not subject to regulation as chemicals under this Decree:
-
Pharmaceuticals; disinfectants, insecticides; foodstuffs; cosmetics;
-
Animal feed; veterinary drugs; plant protection products; organic fertilizers, bio-fertilizers, chemical fertilizers which are mixed fertilizers, mineral organic fertilizers, mineral bio-fertilizers; products for preserving, processing agricultural, forestry, marine, and food products;
-
Radioactive materials; construction materials; paints, printing ink; adhesives and cleaning products used in household applications;
-
Gasoline, diesel; condensate, naptha used in oil refining."
-
Clause 1 Article 3 is amended as follows:
"1. Chemical production is the activity of creating chemicals through chemical reactions, biochemical processes, or physicochemical and physical processes such as extraction, concentration, dilution, mixing, and other physicochemical and physical processes, excluding unintended emissions of chemicals."
-
Point a Clause 1 Article 9 is amended as follows:
"a) Is an organization or individual established in accordance with the law."
-
Point a Clause 2 Article 9 is amended as follows:
"a) Is an organization or individual established in accordance with the law."
Article 9. Repeal certain Articles and Clauses of Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government detailing and guiding the implementation of certain provisions of the Law on Chemicals.
-
Repeal point c Clause 1, points c and đ Clause 2 Article 9.
-
Repeal point b Clause 1 and point c Clause 2 Article 11.
-
Repeal certain chemicals from the List of chemicals for production and business operations with conditions in the industrial sector attached as Appendix I to Decree No. 113/2017/NĐ-CP dated October 9, 2017 of the Government as follows:
| Serial number | Name of chemical in Vietnamese | Name of chemical in English | Carnidazole(1’ | CAS Number | Chemical formula |
| 19. | l-Amino-3-methylbenzene | l-Amino-3-methylbenzene | 29214300 | 108-44-1 | C7H9N |
| 20. | l-Amino-4-methylbenzene | l-Amino-4-methylbenzene | 29214300 | 106-49-0 | c7h9n |
| 90. | Beryllium nitrate | Beryllium nitrate | 28342990 | 13597- 99-4 | Be(NO3)23)2 |
| 93. | l,l'-Biphenyl, hexabromo- | l,l'-Biphenyl, hexabromo- | 29039900 | 36355- 01-8 | C12H4C12H6Br66 |
| 123. | Butyl toluene (p-tert-butyltoluene) | Butyl toluene (p-tert-butyltoluene) | 29029090 | 98-51-1 | C11H16 |
| 159. | Chlorodifluoromethane (R-22) | Chlorodifluoromethane (R-22) | 29037100 | 75-45-6 | CHF2C1. |
| 175. | CF2Cl2 | 2-Chlorophenol | 29081900 | 95-57-8 | c6h52-Chlorophenol |
| 178. | C6H4ClO | 3-Chloro-p-toluidine | 29214300 | 95-74-9 | 3-Chloro-p-toluidine |
| 179. | C7H7NCl | 4-Chloro-o-toluidine | 29214300 | 95-69-2 | 4-Chloro-o-toluidine |
| 180. | C7H8NCl | 5-Chloro-o-toluidine | 29214300 | 95-79-4 | 5-Chloro-o-toluidine |
| 181. | C7H8NCl | 1-Chloro-2,2,2-trifluoroethane | 29037900 | 75-88-7 | C2H2F3C1. |
| 191. |
1-Chloro-2,2,2-trifluoroethane Demeton-S (O,O-diethyl S-2-ethylthioethyl phosphorothioate) |
Demeton-S (O,O-diethyl S-2-ethylthioethyl phosphorothioate) C8H19O3S2P Dibenz(a,h)anthracene |
29309090 | 126-75-0 | Dibenz(a,h)anthracene |
| 201. | C21H14 | 2,6-Dichloro-4-nitroaniline | 29029090 | 53-70-3 | C222,6-Dichloro-4-nitroaniline |
| 216. | C9H6Cl2NO2 |
|
29214200 | 99-30-9 | Diisobutylamine2 |
| 247. | Diisobutylamine | C8H19N | 29211900 | 110-96-3 | c8h19n |
| Serial number | Name of chemical in Vietnamese | Name of chemical in English | Carnidazole(1) | CAS Number | Formula Dimethyl thiophosphoryl chloride |
| 265. | Dimethyl thiophosphoryl chloride | (CH3)2PSOCl | 29209090 | 2524-03- 0 | 2,3-Epoxy-1-propanol |
| 289. | 2,3-Epoxy-1-propanol | 2,3-Epoxy-1-propanol | 29109000 | 556-52-5 | C3H6C3H6O32 |
| 291. | Ethalíluralin | Ethalíluralin | 29049000 | 55283- 68-6 | |
| 296. | Ethyl carbamate | Ethyl carbamate | 29241900 | 51-79-6 | C3H7O2N |
| 324. | Ethylbenzene | Ethylbenzene | 29026000 | 100-41-4 | C9H12 |
| 351. | Hexahydro-1-methylphthalic anhydride | Hexahydro-1-methylphthalic anhydride | 29172000 | 48122- 14-1 | C9H12O3 |
| 352. | Hexahydro-3-methylphthalic anhydride | Hexahydro-3-methylphthalic anhydride | 29172000 | 57110- 29-9 | C9H12O3 |
| 354. | Hexahydromethylphthalic anhydride | Hexahydromethylphthalic anhydride | 29172000 | 25550- 51-0 | C9H12O3 |
| 443. | Magnesium phosphide | Magnesium phosphide | 28480000 | 12057- 74-8 | Mg3P23"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:2 |
| 490. | Methyl pentadiene | Methyl pentadiene | 29012990 | 926-56-7 | C6H10 |
| 550 | C6H10 | Nicotine salicylate | 29399990 | 29790- 52-1 | c7h6°3 |
| 558. | Nicotine salicylate | C19H15NO4 | 29093000 | 1836-75- 5 | C12H7C3H6O33Nitrofen |
| 563. | Nitrofen | C11H8ClNO3 | 29042090 | 88-72-2 | c7h7°2n |
| 564. | 3-Nitrotoluene | 3-Nitrotoluene | 29042090 | 99-08-1 | c7h7°2n |
| 565. | 4-Nitrotoluene | 4-Nitrotoluene | 29042090 | 99-99-0 | C7H7C3H6O32N ||| |
| 588 | Oxygen difluoride | Oxygen difluoride | 28129000 | 7783-41- 7 | P2° |
| 592. | OF2 | Pentaborane | 28500000 | 19624- 22-7 | ầu5h9 |
| 605. | Pentaborane | B5H9 | 29159090 | 1885-14- 9 | c7h5n2Phenyl chloroformate |
| 606. | Phenyl chloroformate | C8H7ClO2 | 29291090 | 103-71-9 | c7h5on |
| 611. | Phenyl isocyanate |
|
29319090 | 98-13-5 | C8H7NCO |
| 662. | Phenyltrichlorosilane | Phenyltrichlorosilane | 81125200 | 7440-28- 0 | C9H3Cl3Si |
| 666. | Thallium | Thallium | 29021900 | 68956- 56-9 | Thallium16 |
| 688. | TI | Dipentene | 29341000 | 148-79-8 | Dipentene |
| 690. | C10H16 | C10H16 | 29309090 | 59669- 26-0 | Thiabendazole |
| 706. | Thiabendazole | C10H7N3S | 29211900 | 102-82-9 | C1.2H27N ||| |
| Serial number | Name of chemical in Vietnamese | Name of chemical in English | Carnidazole(1> | CAS Number | Chemical formula |
| 707. | Thiodicarb | Thiodicarb | 29159090 | 76-02-8 | C2C1.4C3H6O3 |
| 716. | C10H18N4O4S3 | Tributylamine | 29062900 | 115-32-2 | Tributylamine |
| 717. | C12H27N | Trichloroacetyl chloride | 29199000 | 1330-78-5 | C21H21C3H6O34"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below: |
| 743. | Trichloroacetyl chloride |
C3Cl3COCl 2,2,2-Trichloro-1,1-bis(4-chlorophenyl)ethanol |
29025000 | 100-42-5 | c8h8 |
| 744. | 2,2,2-Trichloro-1,1-bis(4-chlorophenyl)ethanol | C14H9Cl5O | 29033990 | 593-60-2 | C2H3C12H6Br6 |
Chapter IV
Tricresyl phosphate
Article 10. Amend and supplement one number article, clause of Decree No. 77/2016/ND-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, and Decree No. 08/2018/ND-CP dated January 15, 2018 of the Government amending certain decrees related to investment conditions under the management of the Ministry of Industry and Trade.
-
Article 24 of Decree No. 77/2016/ND-CP shall be amended as follows:
"Article 24. General requirements for production and business establishments in the field of food safety
-
Production and business establishments of food that must be issued a Food Safety Condition Certificate:
Must meet food safety conditions appropriate to each type of food production and business as stipulated in Sections 2, 3, 4, 5, 6, and 7 of Chapter VI of this Decree.
-
Production and business establishments of food that do not need to be issued a Food Safety Condition Certificate:
-
Must meet food safety conditions appropriate to each type of food production and business as stipulated in the Food Safety Law.
-
The subjects specified in Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 12 of Decree No. 15/2018/ND-CP dated February 2, 2018 of the Government detailing the implementation of certain articles of the Food Safety Law:
Shall submit a commitment letter to the competent authority designated by the provincial People's Committee managing food safety in the locality.
-
The subject specified in Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP dated February 2, 2018 of the Government detailing the implementation of certain articles of the Food Safety Law:
Shall submit a copy of the Certificate (with confirmation from the food production and business establishment) as stipulated in Point k Clause 1 Article 12 of Decree No. 15/2018/ND-CP to the competent authority designated by the provincial People's Committee managing food safety in the locality."
-
Some points and clauses of Article 26 of Decree No. 77/2016/ND-CP shall be amended and supplemented as follows:
-
Point c Clause 2 of Article 26 shall be amended as follows:
"c) The raw material storage area, finished product storage area; preliminary processing, processing, packaging food area; sanitation area; protective clothing changing area and related auxiliary areas must be designed separately. Raw materials, finished products, packaging materials including food, waste must be stored separately. For production establishments, finished products stored in the finished product warehouse must be arranged separately by batch and have a label with information about: Product name, batch number, date of manufacture, shift."
-
Point đ Clause 2 of Article 26 shall be amended as follows:
"đ) Waste collection and disposal areas must be located outside the food production workshop and have sufficient waste collection tools. Waste collection tools must be sealed, have lids, and be cleaned regularly."
-
Point c, đ Clause 3 of Article 26 shall be amended as follows:
"c) Walls and ceilings must be flat, waterproof, crack-free, free from dirt adhesion, and easy to clean;
-
Floors must be flat, smooth, non-slip, well-drained, waterproof, and free from water accumulation;
đ) Doors and windows must prevent insects and animals from entering."
-
Clause 9 of Article 26 shall be amended as follows:
"9. Toilet and personal protective equipment changing area
-
Toilets must be separated from the food production area; toilet doors must not open directly into the production area; ensure that air does not blow from the toilet to the production area; there must be a sign reading "Wash hands after using the toilet" at a visible location in the sanitation area;
-
Toilet ventilation must not face the production area;
-
There must be a room for changing personal protective equipment."
đ) Supplement Clauses 11, 12, and 13 of Article 26 as follows:
-
1. The production, processing, packaging, transportation, storage, and sale of food must be kept clean and hygienic.
-
There must be a separate sample storage area, sample record, and ensure compliance with sample retention and destruction procedures according to the preservation requirements of each type of sample.
-
There must be a separate area to temporarily store substandard products awaiting processing."
-
Clause 1 of Article 27 of Decree No. 77/2016/ND-CP shall be amended in Clause 1 of Article 17 of Decree No. 08/2018/ND-CP as follows:
"1. Equipment and utensils in direct contact with food must be designed and manufactured in accordance with production technology requirements; ensuring safety and preventing food contamination."
-
Some points and clauses of Article 27 of Decree No. 77/2016/ND-CP shall be amended as follows:
-
Point a Clause 2 of Article 27 shall be amended as follows:
"a) Must have sufficient washing and disinfection equipment before food production."
-
Point b Clause 3 of Article 27 shall be amended as follows:
"b) Must be made of non-toxic materials that do not release harmful substances, do not cause unusual odors, or alter food."
-
Clause 1 and 2 of Article 28 of Decree No. 77/2016/ND-CP shall be amended as follows:
"1. Personnel directly involved in production must be trained in food safety knowledge and confirmed by the establishment owner.
2. Personnel directly involved in food production must meet health requirements; they must not suffer from cholera, dysentery, typhoid, hepatitis A and E, infectious skin diseases, pulmonary tuberculosis, or acute diarrhea."
6. Clause 4 and 5 of Article 29 of Decree No. 77/2016/ND-CP shall be amended as follows:
"4. Raw materials and food products must be packaged and stored at least 10 cm above the ground, at least 30 cm away from walls, and at least 50 cm away from ceilings; follow the stacking height guidance provided by the manufacturer.
5. Must have temperature, humidity, ventilation control equipment, and other factors affecting food safety; have specialized equipment suitable for monitoring and tracking storage conditions for each type of food and raw material according to the manufacturer's requirements."
-
Clause 7 and 8 of Article 30 of Decree No. 77/2016/ND-CP shall be amended as follows:
"7. Floor must be flat, smooth, non-slip, well-drained, waterproof, and free from water accumulation.
-
Walls and ceilings must be flat, waterproof, crack-free, free from dirt adhesion, and easy to clean."
-
Clause 1 of Article 31 of Decree No. 77/2016/ND-CP shall be amended as follows:
"1. Equipment for business operations and storage must be suitable for the requirements of each type of food and the manufacturer."
-
Clause 1 of Article 32 of Decree No. 77/2016/ND-CP shall be amended as follows:
"1. Persons directly engaged in food business must meet the conditions prescribed in Clauses 1 and 2 of Article 28 of this Decree."
-
Clause 1 of Article 33 of Decree No. 77/2016/ND-CP shall be amended as follows:
"1. Food safety conditions during food storage must comply with the provisions set out in Clause 4 of Article 29 of this Decree."
-
Point a of Clause 8 of Article 34 of Decree No. 77/2016/ND-CP shall be amended as follows:
"a) For raw milk storage facilities:"
At intermediate collection stations, there must be a cooling system, equipment, tools, and chemicals to test the quality of raw milk, and samples of collected milk must be retained; raw milk storage tanks must have insulation layers, inner surfaces made of non-contaminating materials, ensuring a constant temperature between 4°C and 6°C; the storage time of raw milk from milking to processing must not exceed 48 hours; tanks must be cleaned and ensured to be safe for food before reuse.
-
Clause 10 of Article 35 of Decree No. 77/2016/ND-CP shall be added as follows:
"10. Compliance with the provisions of Article 27 of Decree No. 77/2016/ND-CP."
-
Some points and clauses of Article 36 of Decree No. 77/2016/ND-CP shall be amended as follows:
-
Point d of Clause 3 of Article 36 shall be amended as follows:
"d) Fermentation area:"
-
In cases where yeast propagation is carried out at the production site, the propagation area must ensure sterility, equipped with sterilization systems, and have control procedures for equipment to ensure the quality of yeast strains;
-
In cases where yeast propagation is not carried out at the production site, there must be equipment to ensure safety and prevent contamination during inoculation.
-
Point a of Clause 7 of Article 36 shall be amended as follows:
"a) Solid waste:"
Beer spent grains must be cleaned up thoroughly, regularly within 48 hours to avoid cross-contamination during production.
-
Clause 8 of Article 37 of Decree No. 77/2016/ND-CP shall be amended as follows:
"8. Filling equipment:"
Must be shielded to prevent harmful factors throughout operation, and must have cleaning and sterilization procedures.
-
Clause 6 of Article 38 of Decree No. 77/2016/ND-CP shall be amended as follows:
"6. For solid waste:"
Oil cake and oil extraction residue must be collected in separate areas with appropriate size based on the production line's design capacity, cleaned up thoroughly regularly within 48 hours to avoid cross-contamination during production.
-
Point b of Clause 9 of Article 38 of Decree No. 77/2016/ND-CP shall be amended as follows:
"b) Oil extraction or filling stage"
The process must be monitored by equipment or workers to ensure quantity, quality, and food safety of the product.
-
Clause 4 of Article 39 of Decree No. 77/2016/ND-CP shall be amended as follows:
-
Filling equipment must be shielded to prevent harmful factors throughout operation, and must have cleaning and sterilization procedures.
Article 11. Repeal some articles and clauses of Decree No. 77/2016/ND-CP dated July 1, 2016 of the Government amending and supplementing certain regulations on investment and business conditions in the fields of international trade, chemicals, industrial explosives, fertilizers, gas business, and food business under the Ministry of Industry and Trade's jurisdiction.
-
Repeal point a and b of Clause 1, point d of Clause 2, point a of Clause 5, point a of Clause 6, Clause 7, and point a of Clause 8 of Article 26.
-
Repeal point b of Clause 2, point c of Clause 3, and point a of Clause 4 of Article 27.
-
Repeal Clause 3 of Article 28.
-
Repeal Clause 1 and 2 of Article 30.
-
Repeal Clause 2 of Article 32.
-
Repeal point đ of Clause 5, point c of Clause 8, point b and d of Clause 9, Clause 10, and Clause 11 of Article 34.
-
Repeal Clause 2, 3, 5, and 8 of Article 35.
-
Repeal point b of Clause 3, point đ of Clause 5, point a and b of Clause 8, point a and b of Clause 9 of Article 36.
-
Repeal point a and b of Clause 4, Clause 5, Clause 7, and Clause 10 of Article 37.
-
Repeal point b and đ of Clause 4, point c of Clause 7, point a of Clause 8, point c of Clause 9, and Clause 11 of Article 38.
-
Repeal Clause 3, 5, and 7 of Article 39.
Article 12. Supplement Article 24a following Article 24 of Decree No. 77/2016/NĐ-CP "Article 24a. Application dossier for issuance of Food Safety Condition Certificate 1. Application dossier for initial issuance of the Certificate
-
Request form according to Model No. 01 Part I attached as Appendix to this Decree;
-
Copy of Business Registration Certificate or Enterprise Registration Certificate or Investment Certificate as prescribed by law;
-
Description of physical facilities, equipment, and tools ensuring food safety conditions according to Model No. 02a (for production establishments), Model No. 02b (for business establishments) or both Model No. 02a and Model No. 02b (for establishments that both produce and sell) Part I attached as Appendix to this Decree;
-
List of personnel confirmed to be in good health by the establishment's owner or health confirmation certificates of the establishment's owner and direct food producers/sellers issued by health facilities at district level or higher;
d) Training completion certificate on food safety knowledge of direct food producers/sellers with confirmation by the establishment's owner.
-
Application dossier for reissuance of the Certificate
-
In case of reissuance due to loss or damage
Request form according to Model No. 01b Part I attached as Appendix to this Decree.
-
In case of reissuance due to changes in production/selling location; changes or additions to production processes, selling items or when the Certificate expires:
-
Request form according to Model No. 01b Part I attached as Appendix to this Decree;
-
Application dossier as stipulated in Clause 1 of Article 12 of this Decree.
-
In case of reissuance due to changes in establishment name but not in owner, address, location, or entire production process and selling items:
-
Request form according to Model No. 01b Part I attached as Appendix to this Decree;
-
Copy of the Food Safety Condition Certificate already issued (with confirmation by the establishment's owner);
-
Documents proving the change in establishment name.
-
In case of reissuance due to changes in owner but not in establishment name, address, location, or entire production process and selling items:
-
Request form according to Model No. 01b Part I attached as Appendix to this Decree;
-
Copy of the Food Safety Condition Certificate already issued (with confirmation by the establishment);
-
List of personnel confirmed to be in good health by the establishment's owner or health confirmation certificates of the establishment's owner and direct food producers/sellers issued by health facilities at district level or higher (with confirmation by the establishment)."
-
An establishment applying for a Food Safety Condition Certificate shall submit the application dossier directly to the competent authority or through postal service or via electronic network.
Article 13. Supplement Article 24b following Article 24a of Decree No. 77/2016/NĐ-CP as follows:
-
'Article 24b. Procedures and formalities for issuing Food Safety Condition Certificates
The competent authority is responsible for receiving, checking the validity of the application dossier, inspecting the establishment in person, and issuing the Certificate to establishments meeting food safety conditions. The procedures and formalities for issuing the Certificate are as follows:
-
Initial issuance
-
Receiving and checking the validity of the application dossier
Within five working days from the date of receiving the application dossier, the competent authority shall organize the check of the dossier's validity; if the dossier is invalid, the competent authority must issue a notification and request the establishment to supplement the dossier. If the establishment does not supplement or supplements incompletely within thirty days from the date of the notification requesting supplementation, the dossier will lose its value.
-
Establishing the Inspection Team for On-site Inspection
Within fifteen working days from the date of completing the valid and complete dossier check, the competent authority shall organize the on-site inspection. If the superior competent authority delegates the on-site inspection to the subordinate competent authority, it must issue a delegation letter. After the inspection, the subordinate competent authority must send the Inspection Report back to the superior competent authority as the basis for issuing the Certificate.
The Inspection Team for On-site Inspection is established by the competent authority issuing the Certificate or the delegated authority. The team consists of three to five members, including at least two members specialized in food or food safety (holding a degree in food or food safety) or managing food safety. The team may invite independent experts with relevant expertise to participate. The team leader is responsible for the results of the on-site inspection.
-
Contents of On-site Inspection
-
Checking the consistency between the application dossier submitted to the competent authority and the original dossier kept at the establishment;
-
Inspecting food safety conditions at the establishment as prescribed.
-
Results of On-site Inspection
-
The inspection result must clearly state "Pass", "Fail" or "Pending Completion" in the Inspection Report on food safety conditions for food production establishments according to Model No. 03a, Inspection Report on food safety conditions for food business establishments according to Model No. 03b or both Model No. 03a and Model No. 03b for establishments that both produce and sell food Part I attached as Appendix to this Decree.
For comprehensive food business establishments, the Certificate will be issued when at least one group of products meets the "Pass" requirement. The groups of products meeting the requirements will be recorded on the Food Safety Condition Certificate.
-
In case of "Fail" or "Pending Completion", the reasons must be clearly stated in the Inspection Report. In case of "Pending Completion", the maximum rectification period is sixty days from the date of the Inspection Report. After rectifying according to the Inspection Team's requirements, the establishment must submit a rectification report according to Model No. 04 Part I attached as Appendix to this Decree and pay the inspection fee to the competent authority to organize another inspection as stipulated in point c of this clause.
The maximum period for re-examination is 10 working days from the date the competent authority receives the corrective report. After 60 days, if the entity does not submit the corrective result report, the application file for issuing a Certificate of Compliance with Food Safety Conditions and the previous examination results with the conclusion "Pending Completion" will lose its validity.
In cases where the re-examination result is "Not Achieved" or if the entity fails to submit the corrective result report beyond the deadline, the competent authority shall notify the local management agency in writing to supervise and require the entity to cease operations until it obtains the Certificate.
-
The on-site examination record at the entity is established in two identical copies, one retained by the examination team and one by the entity.
d) Issuing the Certificate
Within five working days from the date of receiving the on-site examination result at the entity being "Achieved", the competent authority shall issue the Certificate to the entity according to Form No. 05a (for production entities), Form No. 05b (for trading entities), and Form No. 05c (for entities that both produce and trade) as stipulated in the Appendix attached hereto.
-
Reissuing the Certificate due to loss or damage
Within three working days from the date of receiving a valid request, based on the retained file, the competent authority that issued the Certificate shall review and reissue it. If the reissuance is refused, a written notification must be provided with the reasons stated.
-
In cases of reissuing the Certificate due to changes in the production or trading location of the entity, changes or additions to the production process, traded goods, and when the Certificate expires.
Trìealth The procedures for issuing the Certificate shall be carried out in accordance with the provisions of Clause 1 of this Article.
-
In cases where the entity changes its name but does not change the owner, address, location, and entire production process or traded goods.
Within three working days from the date of receiving a valid application file, based on the retained file, the competent authority that issued the Certificate shall review and reissue it. If the reissuance is refused, a written notification must be provided with the reasons stated.
-
In cases where the entity changes its owner but does not change its name, address, location, and entire production process or traded goods.
Within three working days from the date of receiving a valid application file, based on the retained file, the competent authority that issued the Certificate shall review and reissue it. If the reissuance is refused, a written notification must be provided with the reasons stated.
-
In cases where a food retail chain increases the number of retail outlets, the adjustment of the Certificate shall be carried out in accordance with the provisions of Clause 1 of this Article. In cases where a food retail chain decreases the number of retail outlets, the adjustment of the Certificate shall be carried out in accordance with the provisions of Clause 4 of this Article.
-
In cases where the entity produces or trades products regulated under Clauses 8 and 10 of Article 36 of Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government, the examination of the entity's conditions shall be conducted in accordance with the regulations applicable to the corresponding industry or sector."
Chapter V
FIELD OF MINERAL COMMERCE
Article 14. Amending and supplementing Article 1 of Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain provisions on investment conditions in the fields of international commodity trade, chemicals, industrial explosives, fertilizers, gas trade, and food trade under the management of the Ministry of Industry and Trade.
"Article 1. Supplementing Clause 11 of Article 9 of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Commerce regarding international commodity trade activities including large-scale buying, selling, processing, and transiting goods with foreign countries."
-
Conditions for mineral trading:
-
Must be a trader as defined by the Commercial Law;
-
The trader may only trade minerals of lawful origin.
Minerals of lawful origin are those with origins or sources falling under one of the following cases:
-
Extracted or extracted from tailings within the validity period of the Mining Permit or Exhaustive Mining Permit issued by the competent state authority;
-
Imported minerals declared on the Import Declaration form confirmed by the Customs office at the port of entry;
-
Seized and auctioned by the competent state authority.
c) For exported minerals, in addition to complying with the provisions of points a and b of this clause, they must also belong to the list of types and meet the standards and quality requirements set forth by the Ministry of Industry and Trade. For exported minerals containing thorium or uranium equal to or greater than 0.05% by weight, there must be a permit for exporting radioactive materials issued by the Ministry of Science and Technology in accordance with the Atomic Energy Law.
d) In the case of imported minerals remaining in inventory due to unsold domestic consumption and wishing to re-export, or minerals needed to be transferred abroad for analysis, research, technology testing, and other individual cases:
- The trader must submit a proposal for export, specifying the purpose, necessity, information about the origin of the minerals, information about the purchase and sale contract, technology, processing (if applicable), information about cooperation, research, technology testing, and plans for handling products after research and testing.
- Based on the trader's proposal and the policy for each type of mineral during each period, the Ministry of Industry and Trade shall take the lead, coordinate with the Ministry of Natural Resources and Environment, and the provincial People's Committee where the minerals are mined and processed, to review, inspect, report to the Prime Minister for consideration and decision.
đ) Mineral traders must comply with legal regulations on environmental protection, labor safety and hygiene, fire prevention and firefighting.
Chapter VI
FIELD OF GAS TRADING
Article 15. Amending and supplementing some articles of Decree No. 87/2018/ND-CP dated June 15, 2018 of the Government on gas trading
-
Clause 2 of Article 6 is amended as follows:
“2. For traders exporting, importing, and trading gas through pipelines, in addition to meeting the conditions stipulated in points a, b, and c of Clause 1 of this Article, they must have a gas supply station that meets the safety conditions as prescribed in Chapter IV of this Decree.”
-
Point b of Clause 1 of Article 8 is amended as follows:
“b) Have a gas storage tank or a contract to lease a gas storage tank or have LPG cylinders or a contract to lease LPG cylinders;”
-
Clause 2 of Article 8 is amended as follows:
“2. For traders trading gas purchases and sales through pipelines, in addition to meeting the conditions stipulated in points a and b of Clause 1 of this Article, they must have a gas supply station that fully meets the safety conditions as prescribed in Chapter IV of this Decree.”
-
Clause 5 and 7 of Article 38 are amended as follows:
“5. For traders trading LPG purchases and sales who only have LPG cylinders or lease LPG cylinders, in addition to the documents specified in Clause 2 of this Article, they must supplement the following documents:
-
A copy of the valid Certificate of LPG Cylinder Inspection;
-
A copy of the Certificate of Compliance for LPG Cylinders.
-
For traders trading LNG purchases and sales, in addition to the documents specified in Clauses 2 and 3 of this Article, they must provide evidence of having an LNG supply station that meets the safety requirements as prescribed in Chapter IV of this Decree or an LNG refueling station for transport vehicles that has been issued a valid Certificate of Registration.”
-
Supplement Clause 4 of Article 60 as follows:
“4. For gas distributors and general agents, agents who have been issued a valid Certificate of Eligibility according to Decree No. 19/2016/ND-CP of the Government dated March 22, 2016 on gas trading, shall implement the rights and obligations stipulated in Article 22 of this Decree.”
Chapter vn
BUSINESS SECTOR OF ALCOHOLIC BEVERAGES
Article 16. Amending and supplementing some articles of Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol business
-
Clause 4 is amended as follows:
"Article 4. Principles of alcohol management
-
Alcohol business falls within the list of industries and trades subject to conditions for investment and business. Organizations and individuals engaged in alcohol business must comply with the provisions of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer and the provisions of this Decree.
-
Industrial alcohol traders, craft alcohol producers for business purposes, distribution of alcohol, wholesale of alcohol, retail of alcohol with an alcohol content of 5.5 degrees or higher must have a license; traders selling alcohol with an alcohol content of 5.5 degrees or higher for consumption on the premises, traders engaging in alcohol business with an alcohol content below 5.5 degrees must register with the Economic Department or the Economic and Infrastructure Department at the district level; households and individuals producing craft alcohol with an alcohol content of 5.5 degrees or higher for sale to licensed alcohol production establishments for further processing must register with the People's Committee of the commune where the production establishment is located.
-
During the process of distribution, wholesale, and retail of alcohol, traders must comply with the laws on environmental protection, food safety, fire prevention, and firefighting.0
During the process of selling alcohol for consumption on the premises, traders must comply with the laws on fire prevention and firefighting and environmental protection."
-
Article 5 is amended as follows:
"Article 5. Quality and Food Safety
Organizations and individuals engaged in alcohol business must declare their alcohol products, except for households and individuals producing craft alcohol for sale to licensed alcohol production establishments for further processing. The procedures for declaring products shall be carried out in accordance with the laws on food safety and other relevant current regulatory documents."
-
Replace the phrase "craft alcohol production for sale to industrial alcohol production enterprises for further processing" in Clause 1 of Article 6, Article 10, Article 17, Clauses 2 and 3 of Article 32 of Decree No. 105/2017/NĐ-CP with the phrase "craft alcohol production for sale to establishments with a license for alcohol production for further processing."
-
The name of Chapter II is amended as follows:
"Chapter n
ALCOHOL WITH AN ALCOHOL CONTENT OF 5.5 DEGREES OR HIGHER"
-
Clause 4 of Article 11 is amended as follows:
"4. Having a distribution system for alcohol in at least two provinces or centrally-run cities (including the area where the enterprise's headquarters is located); in each province or centrally-run city, there must be at least one wholesaler of alcohol. In cases where the enterprise establishes branches or business locations outside its headquarters to engage in alcohol business, confirmation from wholesalers is not required."
-
Clause 4 of Article 12 is amended as follows:
"4. Having a wholesale system for alcohol in the province or centrally-run city where the enterprise's headquarters is located, with at least one retailer of alcohol. In cases where the enterprise establishes branches or business locations outside its headquarters to engage in alcohol business, confirmation from retailers is not required."
-
Clause 2 of Article 14 is amended as follows:
"2. Legally using a fixed business location with a clear address and registering to sell alcohol for consumption on the premises with the Economic Department or the Economic and Infrastructure Department at the district level where the trader's business location is situated."
-
Clause 1 of Article 15 is amended as follows:
"1. Selling alcohol produced by the enterprise (directly or through subsidiary companies or branches) to traders with licenses for distribution, wholesale, retail, and sale of alcohol for consumption on the premises, and traders purchasing alcohol for export."
-
Clause 5 of Article 16 is supplemented as follows:
"5. Purchasing alcohol from households and individuals producing craft alcohol for further processing."
-
Point b of Clause 1 of Article 18 is amended as follows:
"b) Displaying a valid copy of the license issued by the competent authority at the alcohol-selling locations of the trader and only purchasing and selling alcohol according to the content stated in the issued license, except for traders selling alcohol for consumption on the premises."
-
Point d of Clause 2 of Article 18 is amended as follows:
"d) Directly retailing alcohol at the business locations of the trader within the scope of provinces or centrally-run cities authorized."
-
Point d of Clause 3 of Article 18 is amended as follows:
"d) Directly retailing alcohol at the business locations of the trader within the scope of provinces or centrally-run cities authorized."
-
Clause 5 of Article 18 is amended as follows:
"5. Rights and obligations of traders selling alcohol for consumption on the premises:
-
Purchasing alcohol from domestic alcohol producers, distributors, wholesalers, and retailers;
-
Selling alcohol directly to consumers at the trader's business locations."
-
Clause 3 of Article 19 is amended as follows:
"3. A copy of the product declaration for alcohol or a copy of the certificate of acceptance of conformity assessment or the certificate of compliance with food safety regulations (for alcohol without technical standards); a copy of the certificate of food safety conditions or a copy of one of the following certificates: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points System (HACCP), Food Safety Management System (ISO 22000), International Food Standard (IFS), Global Food Safety Initiative (BRC), Food Safety System Certification (FSSC 22000)."
-
Clause 3 of Article 20 is amended as follows:
"3. A copy of the product declaration for alcohol or a copy of the certificate of acceptance of conformity assessment or the certificate of compliance with food safety regulations (for alcohol without technical standards); a copy of the certificate of food safety conditions, except for small-scale food businesses as defined by food safety laws."
-
Clause 5 of Article 21 is amended as follows:
"5. Documentation on the distribution system for alcohol including one of the following types:
-
A copy of the principle contract, confirmation letter, or commitment to participate in the alcohol distribution system along with a copy of the wholesale alcohol license of the trader expected to join the distribution system;
-
A copy of the registration certificate for branch operations of the enterprise or the registration certificate for business locations of the enterprise to engage in alcohol business."
-
Clause 5 of Article 22 is amended as follows:
"5. Documentation on the wholesale system for alcohol including one of the following types:
-
A copy of the principle contract, confirmation letter, or commitment to join the wholesale alcohol system accompanied by a copy of the retail alcohol permit of the trader expected to participate in the wholesale alcohol system;
-
A copy of the registration certificate for branch operations of the enterprise or the registration certificate for business locations of the enterprise to engage in alcohol business."
-
Point c Clause 1 Article 25 shall be amended as follows:
“c) The Economic Department or the Economic and Infrastructure Department under the People's Committee of the district is the authority issuing the Permit for Producing Handicraft Alcohol for Business Purposes and the Permit for Retailing Alcohol within its jurisdiction;"
-
Point c Clause 2 Article 25 shall be amended as follows:
"c) For the issuance of the Permit for Producing Handicraft Alcohol for Business Purposes and the Permit for Retailing Alcohol:"
Within ten working days from the date of receiving complete and valid files, the competent state agency shall examine, appraise, and issue the permit to the trader. In case of refusal to issue the permit, a written response must be provided with clear reasons.
If the files are incomplete or invalid, within three working days from the date of receipt of the files, the issuing authority must issue a written request for supplementation.
-
Point b Clause 2 Article 28 shall be amended as follows:
“b) The validity period of the Permit for Producing Handicraft Alcohol for Business Purposes, the Permit for Distributing Alcohol, the Permit for Wholesale Alcohol, and the Permit for Retailing Alcohol is five years.”
-
Clause 5 Article 29 shall be amended as follows:
“5. For the Permit for Retailing Alcohol:
The permit shall be made in multiple copies: two copies retained by the issuing authority; one copy sent to the trader who has been issued the permit; one copy sent to the Department of Industry and Trade; one copy sent to the Market Management Agency; one copy sent to the alcohol producer or other alcohol trading enterprise named in the permit.”
-
Point b Clause 3 Article 30 shall be amended as follows:
“b) Comply with the provisions of laws on food safety.”
-
Supplement Chapter III after Chapter II as follows:
“Chapter III
BUSINESS OF ALCOHOL WITH AN ALCOHOL CONTENT UNDER 5.5 DEGREES
Article 31a. Conditions for Producing Alcohol with an Alcohol Content Under 5.5 Degrees
-
Enterprises, cooperatives, cooperative unions, or individual businesses established in accordance with the law.
-
Comply with the provisions of laws on food safety.
-
Register with the Economic Department or the Economic and Infrastructure Department under the People's Committee of the district where the business establishment is located according to Form No. 14 Part II attached to this Decree. In case of changes to the registered content, supplementary registration must be carried out.
Article 31b. Conditions for Importing Alcohol with an Alcohol Content Under 5.5 Degrees
-
Meet the conditions stipulated in Clause 1 and 2 of Article 31a of this Decree.
-
Alcohol can only be imported into Vietnam through international border gates.
-
Register with the Economic Department or the Economic and Infrastructure Department under the People's Committee of the district where the main office of the trader is located before commencing business activities according to Form No. 14 Part II attached to this Decree. In case of changes to the registered content, supplementary registration must be carried out.
Article 31c. Conditions for Selling Alcohol with an Alcohol Content Under 5.5 Degrees
-
Meet the conditions stipulated in Clause 1 and 2 of Article 31a of this Decree.
-
Register with the Economic Department or the Economic and Infrastructure Department under the People's Committee of the district where the business establishment is located before commencing business activities according to Form No. 14 Part II attached to this Decree. In case of changes to the registered content, supplementary registration must be carried out.
Article 31d. Rights and obligations of traders dealing with alcohol with an alcohol content below 5.5 degrees.
-
They are entitled to import, purchase, and sell alcohol of legitimate origin.
-
Ensure the shelf life of alcohol products according to the declaration of the production facility.
-
Implement responsibilities as prescribed by the Law on Prevention and Control of Harmful Effects of Alcohol and Beer and other relevant laws. They are not required to affix alcohol labels as stipulated in Decree No. 105/2017/NĐ-CP on alcohol trading.
-
Clause 1, 3, and 4 of Article 32 shall be amended as follows:
"1. For alcohol with an alcohol content of 5.5 degrees or higher, before January 20 each year, industrial alcohol producers, craft alcohol producers for business purposes, alcohol distributors, wholesale alcohol traders, and retail alcohol traders have the responsibility to submit reports on their previous year's alcohol production and trading situation to the competent state agency issuing the license using Form No. 08 and Form No. 09, Section II attached to this Decree."
-
For alcohol with an alcohol content of 5.5 degrees or higher, before February 15 each year, the Economic Department or the Economic and Infrastructure Department under the district people's committee has the responsibility to submit reports on the previous year's craft alcohol production for business purposes and for sale to licensed alcohol production facilities for further processing, as well as the previous year's retail alcohol sales situation within their jurisdiction to the Department of Industry and Trade using Form No. 11, Section II attached to this Decree.
-
For alcohol with an alcohol content of 5.5 degrees or higher, before February 28 each year, the Department of Industry and Trade has the responsibility to submit reports on the previous year's alcohol production, distribution, wholesale, and retail situations within their jurisdiction to the Ministry of Industry and Trade using Form No. 12, Section II attached to this Decree.
-
Amend Forms No. 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, and 12 in the Appendix issued together with Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol trading to Forms No. 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, and 12, Section II of the Appendix issued together with this Decree.
-
Add Form No. 13 regarding the Application for On-Site Sale of Alcohol in Section II of the Appendix issued together with this Decree.
Article 17. Repeal certain articles and clauses of Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol trading.
-
Repeal Clause 1 of Article 3.
-
Repeal Article 7.
-
Repeal Clauses 2, 3, and 6 of Article 11.
-
Repeal Clauses 2, 3, and 6 of Article 12.
-
Repeal Clauses 4 and 5 of Article 13.
-
Repeal Clause 4 of Article 14.
-
Repeal Clauses 3, 4, and 7 of Article 21.
-
Repeal Clauses 3, 4, and 7 of Article 22.
-
Repeal Clauses 5 and 6 of Article 23.
-
Repeal Article 24.
Chapter VIII
FIELD OF TOBACCO TRADING
Article 18. Amend and supplement certain articles and clauses of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain provisions and measures for implementing the Law on Prevention and Control of Harmful Effects of Tobacco concerning tobacco trading.
-
Supplement Clause 7 and 8 to Article 4 as follows:
"7. During the process of buying and selling, processing raw materials for tobacco, and trading tobacco products, enterprises must comply with legal regulations on standards, technical norms, environmental protection, fire prevention, and firefighting.
8. During the process of investing in growing tobacco plants, organizations must comply with legal regulations on environmental protection."
-
Clause 2 of Article 12 shall be amended as follows:
"2. Have a complete set of specialized machinery and equipment for separating tobacco stems or processing tobacco strands, tobacco sheets, and other alternative raw materials used for producing tobacco products."
-
Clause 4 of Article 13 shall be amended as follows:
"4. List of machinery and equipment for the specialized processing of tobacco raw materials."
Article 19. Abolish certain Articles and Clauses of Decree No. 67/2013/ND-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 operations.
r ' -
-
Abolish Clause 4 of Article 7.
-
Abolish Clause 5 of Article 9.
-
Abolish Clauses 3, 4, and 5 of Article 12.
-
Abolish Clauses 8 and 9 of Article 13.
-
Abolish Clauses 4, 5, and 6 of Article 17.
-
Abolish Clauses 8 and 9 of Article 18.
-
Abolish Clause 4 of Article 20.
-
Abolish Point h of Clause 1 and Point h of Clause 2 of Article 26.
Chapter IX
IMPLEMENTATION
Article 20. Transitional Provisions
The transitional provision for Clause 2 of Article 1 of this Decree shall be as follows:
-
The results of quality and technical safety and environmental protection inspections and tests for types of vehicles already imported into Vietnam shall continue to be used as the basis for evaluating vehicle types according to the regulations stipulated in Decree No. 116/2017/ND-CP. The assessment of production facility conditions must be completed no later than six months from the date this Decree takes effect.
-
The Ministry of Transport shall provide detailed regulations on this matter.
Article 21. Effectiveness and Implementation
-
This Decree shall take effect from March 22, 2020, except for the provisions in Clauses 2 and 3 of this Article.
-
The provisions concerning production, assembly, importation, and warranty and maintenance service operations for motor vehicles in this Decree shall take effect from the date of issuance.
-
The provisions concerning alcohol sales in this Decree shall take effect from the date of issuance.
-
Abolish the phrase "National Vietnam" at Point d Clause 6 and the content "Organizing participation in trade fairs and exhibitions abroad under the name of National Vietnam must meet the standards prescribed by the Ministry of Industry and Trade" at Clause 12 of Article 29; abolish the phrase "Agreement/Contract attached" at Item 11 Form 01, Item 9 Form 02, and abolish the phrase "use of the name of National Vietnam" at Item 1 Form 10 of the Appendix issued together with Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities.
-
Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-run city People's Committees are responsible for guiding and implementing this Decree./.
Place of Receipt:
-
The Central Committee of the Communist Party of Vietnam;
-
Prime Minister, Deputy Prime Ministers;
-
Ministries, ministerial-level agencies, government-affiliated agencies;
-
People's Councils, People's Committees of provinces and centrally-run cities;
-
Central Party Office and Party Committees;
-
Office of the General Secretary;
-
President's Office;
-
Ethnic Council and Committees of the National Assembly;
-
National Assembly Office;
-
Supreme People's Court;
-
Supreme People's Procuracy;
PRIME MINISTER
-
State Financial Supervisory Committee;
-
The Social Policy Bank;
-
The Vietnam Development Bank;
-
Central Committee of the Vietnam Fatherland Front;
-
Central Agencies of mass organizations;
-
Office of the Government; Deputy Prime Minister; Permanent Delegates, Deputy Prime Minister's Assistants, General Directors of state-owned enterprises;
Departments, Bureaus, subordinate units, Official Gazette; - To be filed: Archive, Central Office (2b).
Appendix
pursuant to Decree No. 17/2020/ND-CP
(issued on February 20, 2020 by the Government)
| FIELD OF FOOD SAFETY | |
| Form 01 | Application for Food Safety Condition Certificate |
| Form 02 | Application for Reissue of Food Safety Condition Certificate |
| Form 02a | Description of Physical Facilities, Equipment, and Utensils Ensuring Hygiene and Safety Conditions (for Production Units) |
| Form 02b | Description of Physical Facilities, Equipment, and Utensils Ensuring Hygiene and Safety Conditions (for Business Units) |
| Form 03a | Inspection Report on Food Safety Conditions (for Production Units) |
| Inspection Report on Food Safety Conditions (for Business Units) | Form 04 |
| Report on Rectification Results | Form 05a |
| Food Safety Condition Certificate (for Production Units) | Form 05b |
| Food Safety Condition Certificate (for Business Units) | Form 05c |
| Food Safety Condition Certificate (for Units Engaging in Both Production and Business Operations) | II. FIELD OF ALCOHOL SALES |
| Form 01 | |
| Application for License | Form 02 |
| Application for Amendment and Supplement of License | Form 03 |
| Application for Reissue of License | Registration of Handmade Alcohol Production for Sale to Units with Alcohol Production Licenses for Further Processing |
| Report on Rectification Results | Form 05 |
| License | Form 06 |
| License (Amendment and Supplement ...) | Form 07 |
| License (Reissue ...) | Form 08 |
| Report on Alcohol Production Situation in Year ... | Form 09 |
| Report on Alcohol Distribution/Bulk Sales/Retail Sales Situation in Year ... | Form 10 |
| Report on Handmade Alcohol Production for Sale to Units with Alcohol Production Licenses within the Administrative Region in Year ... | Form 11 |
| Report on Alcohol Production and Sales Situation in the Administrative Region in Year ... | Form 12 |
| Report on Alcohol Production and Sales Situation in the Province in Year ... | Form 13 |
| Application for On-the-Spot Alcohol Consumption Permit | Form 14 |
| Permit for Sale of Alcoholic Beverages with Alcohol Content Below 5.5 Degrees | III. FIELD OF MOTOR VEHICLE PRODUCTION, ASSEMBLY, IMPORT AND WARRANTY AND MAINTENANCE SERVICES |
| Form 15 | |
| Application for Motor Vehicle Import Business License | Form 01a |
Place Name, Date ... Month ... Year 20 ...
SOCIALIST REPUBLIC OF VIET NAM
District (County, City)...Province (City)...
Issuing Food Safety Condition Certificate
PETITION FOR APPLICATION
Respectfully submitted to: (Name of competent authority)
Production and Business Unit (Legal Trading Name):
Location:
Production and Business Activities (Product Name):
Telephone: Fax:
Now submitting application for issuance of Food Safety Condition Certificate for:
Production Unit □
-
Business Unit
-
Both Production and Business Unit □1’2 °
-
Food Business Chain □
-
(Unit Name)
We hereby commit to ensuring food safety for the above unit and bear full responsibility for any violations according to the law.
REPRESENTATIVE OF THE UNIT
Respectfully,
The accompanying documents include:
(Signature, Seal)
LIST OF BUSINESS UNITS IN THE CHAIN
| Serial number | Validity Period of Certificate | Currency Exchange Agent No. 3 | LIST OF PRODUCT GROUPS | Remarks |
| 1 | ||||
| 2 | ||||
| 3 |
(Attached to the application form for food business chains and comprehensive food business units)
| Serial number | Product Groups Requesting Certificate Issuance | Product Groups Under the Management of the Ministry of Health |
| I | Health Foods | |
| 1 | Bottled drinking water | |
| 2 | Titanium ore (ilmenite) | |
| 3 | Nutritional Supplements Added to Foods and Fortified Foods | |
| 4 | Flavorings | |
| 5 | means a substance that is not considered a food or a component of food. A food additive has little or no nutritional value and is added intentionally to meet technological requirements in the production, processing, handling, packaging, transportation, and storage of food. A food additive does not include contaminants or substances added to food to enhance its nutritional value. | |
| 6 | Food Processing Aids | |
| 7 | Ice (Ready-to-use ice and ice used in food processing) | |
| 8 | Other Products Not Specified in the List of the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development | |
| 9 | Product Groups Under the Management of the Ministry of Agriculture and Rural Development | |
| II | Grains | |
| 1 | Cereals | |
| 2 | Meat and meat products | |
| 3 | Aquatic products and aquatic product items (including amphibians) | |
| 4 | Vegetables, roots, fruits and vegetable, root, fruit products | |
| 5 | Eggs and egg products | |
| 6 | Raw milk | |
| 7 | Honey and honey products | |
| 8 | Genetically modified food | |
| 9 | SALT | |
| 10 | Spices | |
| 11 | Sugar | |
| 12 | Fish sauce | |
| 13 | Coffee | |
| 14 | Cocoa | |
| 15 | Pepper | |
| 16 | Article | |
| 17 | Other food agricultural products | |
| 18 | Ice used for preservation and processing of products under the management of the Ministry of Agriculture and Rural Development. | |
| 3.2.5. Medical examination and treatment establishments, laboratories, and vaccination centers at the provincial level | Groups within the management scope of the Ministry of Industry and Trade | 11 regulation |
| 1 | Beer | |
| 2 | Alcoholic beverages and alcoholic drinks | |
| 3 | Soft drinks | |
| 4 | Processed milk | |
| 5 | Vegetable oil | |
| 6 | Flour, starch | |
| 7 | Pastries, preserves, candies |
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Place name, day... month... year...
PETITION FOR APPLICATION
Reissue Food Safety Condition Certificate
Production and Business Unit (Legal Trading Name):
Name of the facility requesting the issuance
of the Food Safety Condition Certificate, specifically as follows:
The old certificate was issued on the date of issue
Reason for reissuing the Food Safety Condition Certificate (specify the specific case for reissuance as prescribed in Clause 2 Article 12 of this Decree):
We respectfully request your authority to consider and approve./.
(Signature, Seal)
(Signature, stamp)
Form 02a
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
STATEMENT OF REASONS
regarding physical facilities, equipment, tools ensuring hygiene
food safety conditions (for production facilities)
-
GENERAL INFORMATION
-
Representative of the facility:
-
Office address:
-
Production facility address:
-
Warehouse address (if different):
-
Telephone: Fax
-
Product manufactured:
-
Design capacity:
-
Total number of employees:
-
Total number of employees directly involved in production:
-
Total number of employees who have been confirmed to have knowledge/training in food safety:
-
Total number of employees who have undergone regular health check-ups as required:
-
CURRENT STATUS OF PHYSICAL FACILITIES, EQUIPMENT, TOOLS
-
Physical facilities
-
Production floor area m2
-
Layout diagram of the production floor:
-
Factory structure:
-
Water supply for production meets standard TCCL: 7
-
Sanitation system of the factory:
| No. | Name of equipment | Quantity | Actual status of equipment | Operation status of equipment, tools: | Remarks | |
| Good | Computer | Poor | ||||
| I | Existing equipment and tools | |||||
| 1 | Production equipment and tools | |||||
| 2 | Packaging tools for products | |||||
| 3 | Equipment for transporting products | |||||
| 4 | Food storage equipment | |||||
| 5 | Sterilization and pasteurization equipment | |||||
| 6 | Facility and tool sanitation equipment | |||||
| 7 | Monitoring equipment | |||||
| 8 | Hand washing and sanitizing facilities | |||||
| 9 | Sample storage and preservation tools | |||||
| „1.0 | Facilities and equipment for pest control | |||||
| 11 | Hygienic clothing when coming into direct contact with raw materials and food | |||||
| II | Anticipated additional equipment and tools | |||||
| 1 | ||||||
| 2 | ||||||
| _3_ | ||||||
III. OVERALL ASSESSMENT
Does the current physical facilities and equipment of the facility meet the food safety requirements for food production as stipulated?
In cases where the food safety requirements are not met, the facility commits to supplementing and completing the necessary equipment (as listed in Section II of the above inventory); specify the completion time.
Commitment of subject, organization, unit under the People's Committee of the commune level the facility:
-
I solemnly declare that all information stated in the explanatory document is true and I am fully responsible for the registered information.
-
Commitment: Strictly comply with food safety regulations as stipulated./.
SOCIALIST REPUBLIC OF VIET NAM
District (County, City)...Province (City)...
STATEMENT OF REASONS
regarding physical facilities, equipment, tools ensuring hygiene
food safety conditions (for business facilities)
-
GENERAL INFORMATION
-
Representative of the facility:
-
Office address:
-
Business facility address:
-
Telephone: Fax
-
Type of food sold:
-
Total number of employees:
-
Total number of employees directly involved in sales:
-
Total number of employees who have been confirmed to have knowledge/training in food safety:
-
Total number of employees who have undergone regular health check-ups as required:
-
Business standards for ensuring food safety (for food retail chains):
n. CURRENT STATUS OF PHYSICAL FACILITIES, EQUIPMENT, TOOLS
-
Physical facilities
-
Business floor area m2
-
Layout diagram of the business floor:
-
Water supply for business meets standard TCCL:
-
Sanitation and personal hygiene systems:
| No. | Name of equipment | Quantity | Current status of equipment operation | Remarks | ||
| Good | Computer | Poor | ||||
| I | Existing business equipment and tools | |||||
| 1 | Equipment and tools for product storage | |||||
| 2 | Display equipment and tools | |||||
| 3 | Equipment and tools for transporting products | |||||
| 4 | Hand washing and sanitizing tools | |||||
| 5 | Facility and tool sanitation equipment | |||||
| 6 | Protective gear | |||||
| 7 | Tools and equipment for pest control | |||||
| 8 | Monitoring tools and equipment | |||||
| II |
Anticipated additional equipment |
|||||
| 1 | ||||||
| 2 | ||||||
| 3 | ||||||
in. OVERALL ASSESSMENT
Whether the existing material conditions and equipment of the facility have met the food safety requirements for operating food businesses as prescribed?
In case the food safety requirements as prescribed have not been met, the facility commits to supplement and complete the equipment (as listed in Section II of the attached inventory); specify the completion time.
Facility's commitment:
-
Swear that the information stated in the explanatory note is true and accept full responsibility for all registered information.
-
Commitment: Strictly comply with food safety regulations as stipulated./.
Item 03a
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Place, Date ... Month ... Year 20...
RECORD
z Ằ A - V Ẳ
Review food safety conditions
Ấ* • Ấ 1 1Ẵ
For food production facilities
Pursuant to the Food Safety Law dated June 17, 2010;
Pursuant to Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing the implementation of certain provisions of the Food Safety Law;
Pursuant to Circular No. 43/2018/TT-BCT dated November 15, 2018 of the Ministry of Industry and Trade regarding food safety management under the responsibility of the Ministry of Industry and Trade.
Implemented pursuant to Decision No... dated... month... year...
The review team consists of:
-
II. Representatives of the inspected establishment
-
Member
-
Member
-
Member
-
Secretary
Conducting a legal review of the dossier, reviewing the actual situation at the facility, evaluating the implementation of regulations concerning food production facilities meeting food safety conditions at:
-
Facility:
-
Representative of the facility:
-
Facility owner:
-
Office address:
-
Production facility address:
-
Warehouse address (if different):
-
Telephone/Fax
-
Product manufactured:
-
Design capacity:
- Self-declaration dossier on product quality number:
- Floor area:
- Total number of workers: Directly... Indirectly...
| No. | Content | Inspection level (A/B) | Assessment | Rating | Remarks |
| Achieved | Not passed | ||||
| I. Conditions relating to location and infrastructure | |||||
| 1 | Facility location | B | |||
| 2 | Facility environment | B | |||
| 3 | Design, layout, and structure of the factory | ||||
| - Raw material warehouse | A | ||||
| - Packaging materials warehouse | A | ||||
| - Product warehouse | A | ||||
| - Production area | A | ||||
| - Packaging area | A | ||||
| - Hand washing area | A | ||||
| - Protective clothing changing room | B | ||||
| - Toilet | B | ||||
| 4 | Production and sanitation water source | A | |||
| 5 | Lighting system | B | |||
| 6 | Waste collection and treatment system | B | |||
| 7 | Wastewater drainage system | B | |||
| II. Equipment and tool conditions | |||||
| 1 | Production equipment and tools | A | |||
| 2 | Product packaging equipment and tools | A | |||
| 3 | Product transportation equipment | A | |||
| 4 | Facility and tool sanitation equipment | B | |||
| 5 | Monitoring equipment | B | |||
| 6 | Hand washing and sanitizing facilities | A | |||
| 7 | Sample storage and preservation tools | A | |||
| 8 | Facilities and equipment for pest control | A | |||
| III. Human resource conditions | |||||
| 1 | Certificate confirming training in food safety knowledge | A | |||
| 2 | Certificate confirming good health | A | |||
II. CONCLUSIONS AND RECOMMENDATIONS
1. Conclusions
a) Conditions relating to location and infrastructure:
-
Equipment and tool conditions:
-
Human resource conditions:
-
Recommendations:
-
Conclusion:
(The facility "Passes" when 100% of criteria at level A and more than 60% of criteria at level B are assessed as passing; the facility "Needs improvement" when 100% of criteria at level A and between 40% to less than 60% of criteria at level B are assessed as passing; the facility "Fails" if there is one criterion at level A or more than 60% of criteria at level B are assessed as failing).
Review result of the facility:
Passes □
Fails □
Minutes ended at: hours minutes, day... month... year
HEAD OF REVIEW TEAM
(Signature, full name)
(Signature, Seal) (Signature, full name)
Item 03b
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Place, Date ... Month ... Year 20...
MINUTES
Review food safety conditions
for facility food business
Pursuant to the Food Safety Law dated June 17, 2010;
Pursuant to Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing the implementation of certain provisions of the Food Safety Law;
Pursuant to Circular No. 43/2018/TT-BCT dated November 15, 2018 of the Ministry of Industry and Trade regarding food safety management under the responsibility of the Ministry of Industry and Trade.
Implemented pursuant to Decision No... dated... month... year...
The review team consists of:
-
II. Representatives of the inspected establishment
-
Member
-
Member
-
Member
-
Secretary
Conducting a legal review of the dossier, reviewing the actual situation at the facility, evaluating the implementation of regulations concerning food production facilities meeting food safety conditions at:
-
Facility:
-
Representative of the facility:
-
Facility owner:
-
Office address:
-
Business facility address:
-
Telephone/Fax
-
Goods for trade:
-
Self-declaration dossier on product quality number (if applicable):
- Floor area: Warehouse area:
- Total number of workers: Directly... Indirectly...
| No. |
|
Inspection level (A/B) | Evaluation | Remarks | |
| Passes • |
Does not pass • |
||||
| I. Conditions relating to location and physical infrastructure | |||||
| 1 | Facility location | B | |||
| 2 | Facility environment | B | |||
| 3 | Design, layout, and structure of areas within the facility | A | |||
| 4 | - Product warehouse | A | |||
| - Product display area | A | ||||
| - Hand washing area | A | ||||
| - Protective clothing changing room | B | ||||
| - Toilet | B | ||||
| 5 | Origin and source of products sold | A | |||
| 6 | Water source for cleaning tools for unpackaged and simply packaged products | A | |||
| 7 | Ice water system for preservation (if used) | B | |||
| 8 | Waste collection and treatment system | B | |||
| 9 | Wastewater drainage system | B | |||
| II. Equipment and tool conditions | |||||
| 1 | Equipment and tools for product storage | A | |||
| 2 | Display equipment and tools | A | |||
| 3 | Equipment and tools for transporting products | A | |||
| 4 | Hand washing and sanitizing tools | B | |||
| 5 | Facility cleaning equipment and tools (if used) | B | |||
| 6 | Protective gear (if used) | B | |||
| 7 | Tools and means to prevent pests and harmful animals | B | |||
| 8 | Monitoring tools and equipment | B | |||
| III. Human resource conditions | |||||
| 1 | Certificate confirming training in food safety knowledge | A | |||
| 2 | Certificate confirming good health | A | |||
| Serial number |
Product Groups Requesting Certificate Issuance |
Evaluation | Remarks | ||
| Achieved | Needs improvement | Not passed | |||
| I | Product groups managed by the Ministry of Health reason | ||||
| 1 | Bottled water, natural mineral water, food ice (ice for immediate consumption and ice for food preparation) | - | |||
| 2 | Nutritional Supplements Added to Foods and Fortified Foods | ||||
| 3 | Nutrient supplements added to food | ||||
| 4 | Food additives, flavorings, and processing aids | ||||
| 5 | Product Groups Under the Management of the Ministry of Agriculture and Rural Development | ||||
| H | Product groups managed by the Ministry of Agriculture and Rural Development | Aquatic products and aquatic product products (including amphibians) | |||
| 1 | Cereals | ||||
| 2 | Meat and meat products | ||||
| 3 | Eggs and egg products | ||||
| 4 | Vegetables, roots, fruits and vegetable, root, fruit products | ||||
| 5 | Honey and honey products | ||||
| 6 | Raw milk | ||||
| 7 | Genetically modified foods | ||||
| 8 | Ice used for preservation and processing of products under the jurisdiction of the Ministry of Agriculture and Rural Development. | ||||
| 9 | SALT | ||||
| 10 | Spices | ||||
| 11 | Sugar | ||||
| 12 | Fish sauce | ||||
| 13 | Coffee | ||||
| 14 | Cocoa | ||||
| 15 | Pepper | ||||
| 16 | Article | ||||
| 17 | Other food agricultural products | ||||
| 18 | Product groups managed by the Ministry of Industry and Trade | ||||
| 111 | Alcoholic beverages and spirits | ||||
| 1 | Beer | ||||
| 2 | in. CONCLUSIONS AND RECOMMENDATIONS | ||||
| 3 | Soft drinks | ||||
| 4 | Processed milk | ||||
| 5 | Vegetable oil | ||||
| 6 | Flour, starch | ||||
| 7 | Pastries, preserves, candies |
1. Conclusions (specify reasons for "Does not pass" or "Needs improvement") a) Conditions relating to location and physical infrastructure:
Conclusion: (The facility "Passes" when 100% of criteria at level A and more than 60% of criteria at level B are assessed as passing; the facility "Needs improvement" when 100% of criteria at level A and between 40% to less than 60% of criteria at level B are assessed as passing; the facility "Fails" if there is one criterion at level A or more than 60% of criteria at level B are assessed as failing).
-
Equipment and tool conditions:
-
Human resource conditions:
-
Recommendations:
-
Review result of the facility:
Needs improvement □
Achieved
Fails □
Minutes ended at:... hours... minutes, day... month... year... and established in two copies with equal legal effect.
Place, date... month... year...
(Signature, Seal)
(Signature, full name)
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
REPORT ON CORRECTIVE ACTIONS RESULTS
Facility address:
Production and Business Unit (Legal Trading Name):
1. Name of Rural Industrial Enterprise (
-
Establishment name:
-
3. Phone number:
II. SUMMARY OF CORRECTIVE ACTIONS RESULTS
2. Intellectual Property Rights Owner:
Email:
| No. | Cause of error | Request the inspection agency to conduct an inspection and process the necessary procedures for our facility to obtain a Food Safety Condition Certificate. | Remedial measures | Results |
| 1 | ||||
| 2 | ||||
| 3 | ||||
(Signature, stamp)
(Signature, Seal)
FOOD SAFETY CONDITION COMPLIANT FACILITY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY
Ministry of Industry and Trade/Provincial Department of Industry and Trade (City)
Certification
Type of production:
Facility:
Production address:
Facility owner:
MEETS FOOD SAFETY REQUIREMENTS AS PRESCRIBED
Telephone: Fax:
Minister/Director
REPORT ON CORRECTIVE ACTIONS RESULTS
Certificate number: /GCNATTP-BCT/SCT
(Signature, stamp)
Certificate valid until day month year 20...
(1): Specify the specific name of the type of food produced
Item 05b
CERTIFICATE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Ministry of Industry and Trade/Provincial Department of Industry and Trade (City)
Ministry of Industry and Trade/Provincial Department of Industry and Trade (City)
Type of business
Type of production:
Facility:
Facility name:(1)
Business address
MEETS FOOD SAFETY REQUIREMENTS AS PRESCRIBED
Telephone: Fax:
(For chain facilities
and product groups(2) listed in the attached list)(3)
Place, date month year
Minister/Director
(Signature, stamp)
Certificate number: /GCNAĨTP-BCT/SCT
Certificate valid until
day month year 20
(1): Specify the specific name of the group of food products sold
(2): Specify the specific list of chain facilities evaluated as "Passing" in the Review Minutes at Form 03b.
(2); Specify the list of business establishments belonging to the "Achieved" rating chain according to the Business Inspection Record in Model 03b.
(3): Specify in detail the groups of products rated "Pass" according to the Business Assessment Report at Form 03b.
| Serial number | Validity Period of Certificate | Address • | Validity period of Certificate | Remarks |
| 1 | ||||
| 2 | ||||
| 3 |
(Attached to the application form for food business chains and comprehensive food business units)
| Serial number | Product Group Name | Remarks |
| I | Health Foods | |
| 1 | ||
| 2 | ||
| 3 | ||
| II | Grains | |
| 1 | ||
| 2 | ||
| 3 | ||
| IH | Groups under the management of the Ministry of Industry and Trade | pay |
| 1 | ||
| 2 | ||
| 3 | ||
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Ministry of Industry and Trade/Provincial Department of Industry and Trade (City)
Ministry of Industry and Trade/Provincial Department of Industry and Trade (City)
Type of business
Type of production:
Facility:
Type of production and business:
Facility owner:
Production and business address:
Telephone: Fax:
(For chain facilities
(Product groups operating within the attached list)(2) Place name, date Month Day Year...
The certificate is valid until Month Day Year 20...
Certificate number: /GCNATTP-BCT/SCT
Certificate number: /GCNAĨTP-BCT/SCT
Certificate valid until day month year 20...
(1): Specify the name of food produced, group of food products traded
(2): Specify in detail the groups of products rated "Pass" according to the Business Assessment Report at Form 03b
NATIONAL FLAG OF THE SOCIALIST REPUBLIC OF VIET NAM
Date Month Year...
Independence - Freedom - Happiness
Number: / ; Business name:
APPLICATION FOR FILM FESTIVAL ORGANIZATION PERMIT
■(1)
Respectfully submitted to: (2)
Address of main office: Telephone: Fax:
Production/business location:
Business Registration Certificate (or equivalent legal document)/Cooperative Registration Certificate, Association of Cooperatives Registration Certificate/Business Household Registration Certificate number issued on
Telephone: Fax:
Month Day Year
Request
to consider issuing a Permit
specifically as follows: (2) (Depending on each type of alcohol business, the trader shall comply with one of the following requests): (1) Permitted to produce alcohol as follows:
Produce the following types of alcohol:
Scale of alcohol product production: ...
Permitted to organize alcohol distribution as follows: (3)
Permitted to purchase various types of alcohol from alcohol producers, distributors, and foreign suppliers as follows:(4)
Permitted to establish an alcohol distribution system in the following provinces and centrally-run cities:
Permitted to sell alcohol retail at the following locations: (5)
Permitted to organize wholesale alcohol sales as follows:
Permitted to purchase various types of alcohol from alcohol producers, distributors, and wholesalers as follows:
Permitted to establish a wholesale alcohol sales system in the province/city:
Permitted to sell alcohol retail at the following locations:
(5)
Permitted to organize alcohol retail sales as follows:
hereby solemnly commit to strictly comply with the provisions of Government Decree No. 105/2017/ND-CP dated September 14, 2017 on alcohol business, Government Decree No. .../2020/ND-CP dated...Month...Year 2020 amending and supplementing certain Decrees related to investment and business conditions under the Ministry of Industry and Trade's administrative management domain, and other relevant laws. If incorrect, we will fully bear responsibility under the law./.
(Sign, write full name, stamp if applicable)
Permitted to sell alcohol retail at the following locations:
(5)
hereby solemnly commit to strictly comply with the provisions of Government Decree No. 105/2017/ND-CP dated September 14, 2017 on alcohol business, Government Decree No. .../2020/ND-CP dated...Month...Year 2020 amending and supplementing certain Decrees related to investment and business conditions under the Ministry of Industry and Trade's administrative management domain, and other relevant laws. If incorrect, we will fully bear responsibility under the law./.
(6) Note:
LEGAL REPRESENTATIVE
: Type of permit: Industrial alcohol production/handmade alcohol production for business purposes/alcohol distribution/wholesale alcohol sales/retail alcohol sales
Issuing authority: Ministry of Industry and Trade/Department of Industry/Department of Economy or Department of Economy and Infrastructure.
(1): Specify each type of alcohol product such as: Wine, vodka, fruit wine...
: Specify design capacity; for handmade alcohol production, specify expected production volume (liters/year).
(3): Specify name and address.
(4): Business name requesting the permit.
(5)APPLICATION
(6)To amend and supplement permit... (1)...
Date Month Year...
Independence - Freedom - Happiness
Number: /
Respectfully submitted to: ...
Production/business location:
Business Registration Certificate (or equivalent legal document)/Cooperative Registration Certificate, Association of Cooperatives Registration Certificate/Business Household Registration Certificate number issued on (2)
Address of main office: Telephone: Fax:
Production/business location:
Month Day Year;
Telephone: Fax:
has been issued number... on...Month...Year...
w
Form 06 (1) has been amended and supplemented/reissued (if applicable) number...
Form 06 on Month Day Year to consider amending (or supplementing) the Permit...
with specific reasons as follows:
(3) request (2)Amendment:(1) Old information:
-
New information:
hereby solemnly commit that the above reasons are entirely true and comply with the provisions of Government Decree No. 105/2017/ND-CP dated September 14, 2017 on alcohol business, Government Decree No. .../2020/ND-CP dated...Month...Year 2020 amending and supplementing certain articles of Decrees related to investment and business conditions under the Ministry of Industry and Trade's administrative management domain, and other relevant laws. If incorrect, we will fully bear responsibility under the law./.
(Sign, write full name, stamp if applicable) (4)
-
Supplement: (4)
(3) : Type of permit: Industrial alcohol production/handmade alcohol production for business purposes/alcohol distribution/wholesale alcohol sales/retail alcohol sales.
LEGAL REPRESENTATIVE
Issuing authority: Ministry of Industry and Trade/Department of Industry/Department of Economy or Department of Economy and Infrastructure. Business name requesting the permit.
Note:
(1): Content of amendment and supplementation
Month Day Year...
(4)Reissue permit
Number: /
(In case of loss or damage)
PETITION FOR APPLICATION
Production/business location: Telephone: Fax:
Business Registration Certificate (or equivalent legal document)/Cooperative Registration Certificate, Association of Cooperatives Registration Certificate/Business Household Registration Certificate number issued on Month Day Year...
Respectfully submitted to: (2)
Address of main office: Telephone: Fax:
Production/business location:
« • • •
(i)
...has been issued number...by...on Month Day Year...
Form 06 Permit......has been amended and supplemented/reissued (if applicable) number...
to consider reissuing the Permit.(1)hereby solemnly commit that the above statements are entirely true and comply with the provisions of Government Decree No. 105/2017/ND-CP dated September 14, 2017 on alcohol business, Government Decree No. .../2020/ND-CP dated...Month...Year 2020 amending and supplementing certain articles of Decrees related to investment and business conditions under the Ministry of Industry and Trade's administrative management domain, and other relevant laws. If incorrect, we will fully bear responsibility under the law./.
with specific reasons as follows:
(3) request (2): Type of permit: Industrial alcohol production/handmade alcohol production for business purposes/alcohol distribution/wholesale alcohol sales/retail alcohol sales. (1) Old information: (4)
(3) : Business name requesting the permit.
LEGAL REPRESENTATIVE
(Signature, full name, stamp if applicable)
Note:
(1): Reason for reissuance.
: Specify design capacity; for handmade alcohol production, specify expected production volume (liters/year).
(3)Month Day Year...
(4)APPLICATION
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
For Handmade Alcohol Production for Sale to Enterprises
With Alcohol Production License for Further Processing
Respectfully submitted to: People's Committee of Commune
Name of organization, individual:
Address: Telephone:
Purchase and sale contract number dated Month Day Year with industrial alcohol producing enterprise:
Application for handmade alcohol production for sale to enterprises with industrial alcohol production license as follows:
• • •
Type of alcohol:
Scale of production:
Register for producing handcrafted alcohol to sell to enterprises with a Production License for industrial alcohol as follows:
-
Type of alcohol: (2)
-
Production scale: (3)
-
(4) ... hereby solemnly declare to comply with the provisions set out in Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol business operations, Decree No. .../2020/NĐ-CP dated ... month ... year 2020 of the Government amending and supplementing certain articles of related decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade, and other relevant laws. If there is any violation, I will fully bear responsibility under the law./.
HEAD OF THE PRODUCTION UNIT
(Signature, full name, stamp if applicable)
Note:
Name of enterprise purchasing trial alcohol for reprocessing. ®: Specify the type of registered alcohol product.
Estimated production volume (liters/year).
(4): Name of organization or individual applying for alcohol production.
Number: /
Hanoi, day ... month ... year
LICENSE (1)
MINISTER OF INDUSTRY AND TRADE/DIRECTOR OF DEPARTMENT OF INDUSTRY
TRADE/HEAD OF ECONOMIC DIVISION (ECONOMICS AND INFRASTRUCTURE)
On the basis of (2)
Pursuant to Decree No. /2017/NĐ-CP dated month year 2017
of the Government on alcohol business operations;
Pursuant to Decree No. ...,/2020/NĐ-CP dated ... month ... year 2020 of the Government amending and supplementing certain articles of related decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade;
Considering the application for issuance of License No. ... dated ... month ... year ... of ...(3)....
At the proposal of (4)
DECISION:
Article 1. Issuance of license (1)
Permission granted: (3)
Address: Telephone: Fax:
Production/distribution location (if applicable): Telephone: Fax:
Business registration certificate (or equivalent legal document)/Cooperative registration certificate, cooperative federation registration certificate/Business household registration certificate No. ... issued on ... month ... year
(Depending on the type of license requested by the trader, the competent authority shall allow the implementation of one of the following contents):
Scale of alcohol product production: ...
Permitted to organize alcohol distribution as follows: (5)
Production scale of alcohol products: (6)
Permitted to establish an alcohol distribution system in the following provinces and centrally-run cities:
Permitted to sell alcohol retail at the following locations: (7)
Permitted to organize wholesale alcohol sales as follows:
Permitted to sell alcohol at the following locations:
Permitted to establish a wholesale alcohol sales system in the province/city:
Permitted to purchase various types of alcohol from domestic alcohol producers, alcohol distributors, and alcohol wholesalers as follows: ...
Permitted to organize alcohol retail sales as follows:
Permitted to sell alcohol at the following locations:
(Sign, write full name, stamp if applicable)
Permitted to sell alcohol retail at the following locations: (7)
Permitted to sell alcohol at the following locations:
Article 2. Obligation to comply
(3) must comply with the provisions set out in Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol business operations, Decree No. .../2020/NĐ-CP dated ... month ... year 2020 of the Government amending and supplementing certain articles of related decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade, and other relevant laws.
Article 3. Validity period of the license
This license is valid until ... month ... year /.
(3).
(8).’
Note:
Type of license: Industrial alcohol production/alcohol production for commercial purposes/alcohol distribution/alcohol wholesaling/alcohol retailing.
(2): Name of the regulation stipulating the functions, tasks, and powers of the licensing authority.
<3): Name of the licensee.
<4): Name of the agency or unit submitting the application.
<5): Specify each type of alcohol product such as: Wine, vodka, fruit wine...
(6): Specify the designed capacity; for traditional alcohol production, specify the estimated production volume (liters/year).
(7): Specify the name and address.
<8): Relevant agencies and units need to send the license.
NAME OF LICENSING AUTHORITY
Number: /
Hanoi, day month ... year
LICENSE (1).
(Amended and supplemented for the ... time)
MINISTER OF INDUSTRY AND TRADE/DIRECTOR OF DEPARTMENT OF INDUSTRY AND TRADE/
HEAD OF ECONOMIC DIVISION (ECONOMICS AND INFRASTRUCTURE)
On the basis of (2)
Pursuant to Decree No. /2017/NĐ-CP dated ... month year 2017 of
the Government on alcohol business operations;
Pursuant to Decree No. .../2020/NĐ-CP dated ... month ... year 2020 of the Government amending and supplementing certain articles of related decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade;
Pursuant to License (1)... No. ... issued on ... month ... year ...
Considering the application for amendment and supplementation of License (1)... No. ... dated
month ... year ... of ...(3)...;
At the proposal of (4)
DECISION:
Article 1. Amendment and supplementation of License ...(I)... as follows: (5)
Article 2. This license is an integral part of License (1) No. ... issued on ... month ... year ...
Article 3. Obligation to comply
(3)... must comply with the provisions set out in Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol business operations, Decree No. .../2020/NĐ-CP dated ... month ... year 2020 of the Government amending and supplementing certain articles of related decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade, and other relevant laws./.
Place of Receipt: (Position, signature, full name, stamp)
(6);’
- To be filed: VT,...(4).
Note:
Type of license: Industrial alcohol production/traditional alcohol production for commercial purposes/alcohol distribution/alcohol wholesaling.
Name of the regulation stipulating the functions, tasks, and powers of the licensing authority.
Name of the licensee.
Name of the agency or unit submitting the application.
<5): Content of amendment and supplementation.
(6); Relevant agencies and units need to send the license.
NAME OF LICENSING AUTHORITY SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No.: / Hanoi, day month ... year
LICENSE (1)
(Reissued for the ... time)
MINISTER OF INDUSTRY AND TRADE/DIRECTOR OF DEPARTMENT OF INDUSTRY AND TRADE/
HEAD OF ECONOMIC DIVISION (ECONOMICS AND INFRASTRUCTURE)
On the basis of (2) ;
Pursuant to Decree No. .../2017/NĐ-CP dated ... month ... year 2017 of the Government on alcohol business operations;
Pursuant to Decree No. .../2020/NĐ-CP dated ... month ... year 2020 of the Government amending and supplementing certain articles of related decrees concerning investment and business conditions under the management of the Ministry of Industry and
Trade;
Pursuant to License ...(1... No. ... issued on ... month ... year ...
Considering the application for reissuance of License ...(1) No. ... dated
month ... year ... of ... (3) ;
At the proposal of (4)
DECISION:
Article 1. Issuance of license (1)
Permission granted: (3)
Address: Telephone: Fax:
Production/distribution location (if applicable): Telephone: Fax:
Business registration certificate (or equivalent legal document)/Cooperative registration certificate, cooperative federation registration certificate/Business household registration certificate No. ... issued on ... month ... year ...
(Depending on the type of license requested by the trader, the competent authority shall allow the implementation of one of the following contents):
Scale of alcohol product production: ...
Permitted to organize alcohol distribution as follows: (5)
Production scale of alcohol products:
Permitted to establish an alcohol distribution system in the following provinces and centrally-run cities:
Permitted to sell alcohol retail at the following locations: (7)
Permitted to organize wholesale alcohol sales as follows:
Permitted to sell alcohol at the following locations:
Permitted to establish a wholesale alcohol sales system in the province/city:
Permitted to purchase various types of alcohol from domestic alcohol producers, alcohol distributors, and alcohol wholesalers as follows: ...(7)
Permitted to organize alcohol retail sales as follows:
Permitted to sell alcohol at the following locations:
(Sign, write full name, stamp if applicable)
Permitted to sell alcohol retail at the following locations: (7)
Permitted to sell alcohol at the following locations:
Article 2. Obligations to Implement
(3) must comply with the provisions set forth in Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol business operations, Decree No. .../2020/NĐ-CP dated ... month ... year 2020 of the Government amending and supplementing certain articles of related decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade, and other relevant legal regulations.
Article 3. Validity Period of the License
This license is valid until the ... day ... month ... year.
Place of Receipt:
(3).
1 (8).
-Note,(4).
Note:
Type of License: Industrial alcohol production/handmade alcohol production for business purposes/alcohol distribution/alcohol wholesale/alcohol retail.
(2): Name of the document stipulating the functions, tasks, powers of the licensing authority.
(3>: Name of the licensed trader.
(4>: Name of the agency or unit submitting.
(5): Specify each type of alcoholic product such as wine, vodka, fruit alcohol...
Record the designed capacity; for handmade alcohol production, record the expected production volume (liters/year).
(7): Record the full name and address.
(8): Relevant agencies and units need to send the license.
Color code 08
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
date...month...year
REPORT
Alcohol production situation in the year
Respectfully submitted to:
-
Address of main office: Telephone: Fax:
-
Production/business location:
-
Industrial alcohol production license number issued on the ... day ... month ...
year ... Amended, supplemented or reissued industrial alcohol production license number issued on the ... day ... month ...
| Serial number | PRODUCTION SITUATION | |||||
| Types of alcohol | Designed capacity (liters/year) | Production volume (liters) | Compared to the previous year (%) | Expected production volume for the next year (liters) | Investment capital for expansion (thousand dong) | |
| 1 | ||||||
| 2 | ||||||
| «• • | ||||||
| TOTAL | ||||||
| Serial number | CONSUMPTION SITUATION | ||||
| Types of alcohol • | Consumption volume (liters) | Compared to the previous year (%) | Expected consumption volume for the next year (liters) | Remarks | |
| 1 | |||||
| 2 | |||||
| . ■ ... | |||||
| TOTAL …■ | |||||
ASSETS
(Signature, full name)
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
date...month...year
REPORT
Alcohol distribution/bulk alcohol sales/retail alcohol sales situation in the year
Respectfully submitted to:
Address of main office: Telephone: Fax:
Main office address:
Telephone: Fax:
Alcohol distribution/bulk alcohol sales/retail alcohol sales license number:
issued on the ... day ... month ... year
Amended, supplemented or reissued alcohol distribution/bulk alcohol sales/retail alcohol sales license number (if applicable) issued on the ... day ... month ...
year
(Depending on the type of alcohol distribution/bulk alcohol sales/retail alcohol sales, the trader selects the corresponding table below to fill in the information)
I. FOR ALCOHOL DISTRIBUTION/BULK ALCOHOL SALES ACTIVITIES
1. Purchase situation
| Serial number | Supplier's name | Main office address of the supplier | Name of alcohol • | Origin | Alcohol concentration | Quantity purchased (liters) | Total purchase value (thousand dong) |
| 1 | |||||||
| 2 | |||||||
| • . . . | |||||||
| TOTAL | |||||||
2. Sales situation
| Serial number | Customer Name | Main office address of the customer | Name of alcohol • | Origin | Alcohol concentration | Quantity sold (liters) | Total sales value (thousand dong) |
| 1 | |||||||
| 2 | |||||||
| • • • | |||||||
| TOTAL • | |||||||
| Serial number | Supplier's name | Main office address of the supplier | Name of alcohol • | Alcohol concentration | Purchased in the year | Sold in the year | ||
| Quantity (liters) | Total value (thousand dong) | Quantity (liters) | Total value (thousand dong) | |||||
| 1 | ||||||||
| 2 | ||||||||
| . . . | ||||||||
| TOTAL | ||||||||
PREPARER (Signature, full name)
LEGAL REPRESENTATIVE (Signature, full name, stamp if applicable)
PEOPLE'S COMMITTEE OF THE COMMUNE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No.: / , date ... day ... month ...
REPORT
Situation of handmade alcohol production sold to enterprises with production licenses within the area in the year
Respectfully submitted to: Economic Department/Economic and Infrastructure Department
| Serial number | Phone number • | Currency Exchange Agent No. 3 | Type of alcohol registered for production | Registered production volume of alcohol (liters) | Name of enterprise purchasing alcohol for further processing • | CHAIRMAN OF THE PEOPLE'S COMMITTEE OF THE COMMUNE |
| 1 | ||||||
| 2 | ||||||
| •.. | ||||||
| TOTAL | ||||||
ASSETS (Signature, full name)
(Signature, full name, stamp if applicable) Color code 11
ECONOMIC DEPARTMENT/ECONOMIC AND INFRASTRUCTURE SOCIALIST REPUBLIC OF VIETNAM
INDEPENDENT - FREEDOM - HAPPINESS
(District, county, city) " -
— date ... day ... month ...
Situation of alcohol production and business activities within the area in the year
Number: /
REPORT
Respectfully submitted to: Department of Industry and Trade
1. Situation of handmade alcohol production sold to enterprises with production licenses for further processing
Name of organization or individual producing handmade alcohol
| Serial number | Type of alcohol registered for production | Address • | Type of alcohol registered for production | Registered production volume of alcohol (liters) | Name of enterprise purchasing alcohol for further processing | TOTAL - • - - -- |
| 1 | ||||||
| 2 | ||||||
| . - - . | ||||||
| 2. Situation of handmade alcohol production for business purposes | ||||||
Trader's name
| Serial number | Production license number | Main Office Address | Type of alcohol registered for production | Production volume (liters) | Date of issue | Types of alcohol | TOTAL | Consumption volume (liters) |
| 1 | ||||||||
| 2 | ||||||||
| • • • | ||||||||
| 3. Situation of retail alcohol sales | \TG | |||||||
| Serial number | Production license number | Main Office Address | Type of alcohol registered for production | Date of Issue | Quantity (liters) | Purchased in the year | Sold in the year | ||
| QUANTITY (liters) | Total value (thousand dong) | Total value (thousand dong) | PREPARER | ||||||
| 1 | |||||||||
| 2 | |||||||||
| « . . | |||||||||
| TOTAL | |||||||||
DEPARTMENT OF INDUSTRY AND TRADE SOCIALIST REPUBLIC OF VIETNAM (Province, city) INDEPENDENT - FREEDOM - HAPPINESS
(Signature, full name)
No.: / date ... day ... month ...
Situation of alcohol production and business activities within the province in the year
REPORT
Respectfully submitted to: Ministry of Industry and Trade.
1. Situation of handmade alcohol production
Production type
| Serial number | Total number of establishments with production licenses or registered for production | Total production volume of alcohol (liters) | Handmade alcohol production for sale to industrial alcohol production enterprises |
| 1 | Handmade alcohol production for business purposes | ||
| 2 | 2. Situation of industrial alcohol production |
Designed capacity (liters/year)
| Serial number | Production license number | Main Office Address | Type of alcohol registered for production | Date of Issue | Quantity (liters) | Types of alcohol | Production volume (liters) | TOTAL | Consumption volume (liters) | Investment capital for expansion (thousand dong) |
| 1 | ||||||||||
| 2 | ||||||||||
| ■ ■ • | ||||||||||
| 3. Situation of bulk alcohol sales | ||||||||||
License number
| Serial number | Production license number | Main Office Address | Telephone | Quantity (liters) | Quantity (liters) | Purchased in the year | Sold in the year | ||
| 4. Situation of retail alcohol sales | PREPARER | 4. Situation of retail alcohol sales | PREPARER | ||||||
| 1 | |||||||||
| 2 | |||||||||
| ■ ■ ■ | |||||||||
| 3. Situation of bulk alcohol sales | |||||||||
| Serial number | Total value (thousand dong) | Main Office Address | Telephone | Quantity (liters) | Quantity (liters) | Purchased in the year | Sold in the year | ||
| QUANTITY (liters) | , date ... day ... month ... | QUANTITY (liters) | Total value (thousand dong) | ||||||
| 1 | |||||||||
| 2 | |||||||||
| . . . | |||||||||
| TOTAL | |||||||||
ASSETS
(Signature, full name)
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Sale of alcohol for immediate consumption
With Alcohol Production License for Further Processing
Respectfully submitted to: Economic Department/Economic and Infrastructure Department
Business registration certificate (or equivalent legal document)/Cooperative registration certificate, cooperative federation registration certificate/business household registration certificate number...issued on...day...month...year
Address of main office: Telephone: Fax:
Application for handmade alcohol production for sale to enterprises with industrial alcohol production license as follows:
Registration for sale of alcohol for immediate consumption as follows:
Alcohol sale location:
We solemnly declare that we will strictly comply with the provisions set forth in Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol business operations, Decree No. .../2020/NĐ-CP dated...day...month...year 2020 of the Government amending and supplementing related decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade, and other relevant legal regulations. If there is any violation, we will bear full responsibility under the law./.
(2) (Signature, full name, stamp if applicable)
LEGAL REPRESENTATIVE
®: Location of alcohol sale by the trader.
Note:
Name of the trader registering for sale of alcohol for immediate consumption.
, date ... day ... month ...
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Business operation of alcohol with alcohol content below 5.5 degrees
With Alcohol Production License for Further Processing
Respectfully submitted to: Economic Department/Economic and Infrastructure Department
Business registration certificate (or equivalent legal document)/Cooperative registration certificate, cooperative federation registration certificate/business household registration certificate number...issued on...day...month...year
Address of main office: Telephone: Fax:
Application for handmade alcohol production for sale to enterprises with industrial alcohol production license as follows:
(Depending on the type of alcohol business operation, the trader shall implement one or more of the following proposals):
Registration for production of alcohol with alcohol content below 5.5 degrees as follows:
Registration for import of alcohol with alcohol content below 5.5 degrees as follows:
-
Type of alcohol: (1)
-
Production scale: (2)
Registration for sale of alcohol with alcohol content below 5.5 degrees as follows:
-
Type of alcohol: (1)
-
Imported fertilizer: indicate the manufacturer's name or company name and country of production;(3):
Register for selling alcohol with an alcohol content below 5.5 degrees as follows:
-
Type of alcohol: (I)
-
We solemnly declare that we will strictly comply with the provisions set forth in Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol business operations, Decree No. .../2020/NĐ-CP dated...day...month...year 2020 of the Government amending and supplementing related decrees concerning investment and business conditions under the management of the Ministry of Industry and Trade, and other relevant legal regulations. If there is any violation, we will bear full responsibility under the law./.(4)
-
(5) ... hereby solemnly declare to comply with the provisions stipulated in Decree No. 105/2017/NĐ-CP dated September 14, 2017 of the Government on alcohol business, Decree No. .../2020/NĐ-CP dated ..., month ..., year 2020 of the Government amending and supplementing related decrees concerning investment conditions in the field under the management of the Ministry of Industry and Trade, and relevant laws. If there is any violation, we will fully bear the responsibility under the law./.
LEGAL REPRESENTATIVE
(Signature, full name, stamp if applicable)
Issuing authority: Ministry of Industry and Trade/Department of Industry/Department of Economy or Department of Economy and Infrastructure.
Record the type of alcohol registered for production/import/sale.
Record the expected production volume (liters/year).
-
3): Business entity producing/exporting.
-
4): Address for selling alcohol of the business entity.
-
5): Name of the business entity.
« *
Item 15
NAME OF ENTERPRISE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Number:
day... month... year
Respectfully submitted to: ...
Issuing automobile import business license
1. Situation of handmade alcohol production
Enterprise name
Main office address:
Telephone: Fax: Email:
Contact person: Position: Phone number:
Certificate of Enterprise Registration (or equivalent legal document) No. issued on... month ... year ...
Pursuant to Decree No. /2017ND-CP dated... month... year 2017 of the Government stipulating conditions for production, assembly, importation, and warranty, maintenance services for automobiles;
1. Request the Ministry of Industry and Trade to consider issuing an Automobile Import Business License for the following types of automobiles:
| Type | Brand • | Unused | Used | Remarks |
| 1. Passenger cars | ||||
| 2. Passenger Cars | ||||
| 3. Trucks |
2. Enclosed documents:
(Enterprise name) hereby solemnly declares to comply with the provisions stipulated in Decree No. 116/2017/NĐ-CP dated October 17, 2017 of the Government stipulating conditions for production, assembly, importation, and warranty, maintenance services for automobiles, other relevant legal documents, and we will fully bear the responsibility under the law.
Our company commits that products imported according to the Automobile Import Business License (if granted by the Ministry of Industry and Trade) from manufacturers at address... will not contain software or equipment with maps infringing upon the sovereignty, unity, and territorial integrity of the Socialist Republic of Vietnam.
We understand clearly and agree that any breach of the above commitment, regardless of subjective or objective reasons, may lead to suspension of effect or revocation of the Automobile Import Business License issued by the Ministry of Industry and Trade for our company."./.
LEGAL REPRESENTATIVE OF
THE ENTERPRISE
(Sign, stamp, write full name)
: For food retail chains accompanied by a list of businesses within the chain↩︎
-
: List of product groups↩︎
-
: List of product groups↩︎
原始文件(PDF)
关系图
点击文件即可打开。红色边框=改变效力的关系。