Circular No. 27/2016/TT-BCT Amending, Supplementing, and Repealing Certain Legal Documents on Conditions for Investment and Business in Some Areas under the Management of the Ministry of Industry and Trade

CIRCULAR

Amending, supplementing, and abolishing certain regulatory legal documents governing conditions for investment and business operations in certain fields under the management of the Ministry of Industry and Trade;Fields of international trade in goodsregulations on food safety management under the responsibility

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to Decree No. 77/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for investment and business operations in the fields of international trade in goods, industrial explosives, fertilizers, gas business, and food business under the management of the Ministry of Industry and Trade;

At the proposal of the Director of the Legal Department;

The Minister of Industry and Trade issues this Circular amending, supplementing, and abolishing certain regulatory legal documents governing conditions for investment and business operations in certain fields under the management of the Ministry of Industry and Trade.

PART I
FIELD OF INTERNATIONAL TRADE IN GOODS

Article 1. Abolish certain articles of Circulars on coal trading and export as follows:

1. Abolish Article 4 of Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on conditions for coal trading;

2. Abolish Clause 1 of Article 4 of Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on coal export.

Article 2. Amend and supplement certain articles of Circular No. 05/2014/TT-BCT dated January 27, 2014 of the Minister of Industry and Trade on temporary importation for re-export, temporary exportation for re-importation, and transshipment trade activities

1. Abolish Articles 9, 10, 11, 12, and point c of Clause 1 of Article 13 of Circular No. 05/2014/TT-BCT.

2. Replace Appendix VI and VII of Circular No. 05/2014/TT-BCT with Appendix I and II of this Circular.

3. Point d and đ of Clause 1 of Article 13 shall be amended and supplemented as follows:

“d) A document from a credit institution confirming that the enterprise has deposited the guarantee deposit as prescribed in Article 3, Article 4, or Article 5 of Decree No. 77/2016/NĐ-CP according to the model set out in Appendix II issued together with Circular No. 27/2016/TT-BCT: 1 original copy;

đ) Documents proving that the enterprise owns warehouses or storage areas or contracts for renting warehouses or storage areas for frozen food trading as prescribed in Article 3 of Decree No. 77/2016/NĐ-CP: A certified copy stamped with the seal of the enterprise.”

4. Point d of Clause 1 of Article 17 shall be amended and supplemented as follows:

“Violation in leasing all or part of warehouses or storage areas as prescribed in Article 3 of Decree No. 77/2016/NĐ-CP.”

Article 3. Abolish Decision No. 06/2006/QĐ-BCN dated April 10, 2006 of the Minister of Industry on announcing the List of Prohibited Imports as prescribed in Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government.

Chapter II
FIELD OF CHEMICALS

Article 4. Amend and supplement Circular No. 42/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade on managing and controlling precursor chemicals in the industrial sector as follows:

1. Abolish Clause 1 of Article 6 and Article 7 of Circular No. 42/2013/TT-BCT.

2. Point a of Clause 1 of Article 19 of Circular No. 42/2013/TT-BCT shall be amended and supplemented as follows:

“The Department of Industry and Trade shall conduct annual inspections of organizations and individuals engaged in trading industrial precursor chemicals within its jurisdiction.”

4. Clause 2 of Article 20 of Circular No. 42/2013/TT-BCT shall be amended and supplemented as follows:

“The Department of Industry and Trade shall implement regulations on controlling industrial precursor chemicals within its jurisdiction as prescribed in Decision No. 52/2011/QĐ-TTg and implement the provisions of Article 8 of Decree No. 77/2016/NĐ-CP and point b of Clause 1 and Clause 2 of Article 19 of this Circular.”

Article 5. Abolish Article 4, Article 5, and Article 6 of Circular No. 28/2010/TT-BCT dated June 28, 2010 of the Minister of Industry and Trade on detailed provisions of certain articles of the Chemicals Law and Decree No. 108/2008/NĐ-CP dated October 7, 2008 of the Government detailing and guiding the implementation of certain articles of the Chemicals Law.

Article 6. Abolish Article 4 of Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade on detailed provisions and guidance on implementing certain articles of Decree No. 38/2014/NĐ-CP dated May 6, 2014 of the Government on managing chemicals subject to control under the Chemical Weapons Convention.

Article 7. Abolish Decision No. 05/2006/QĐ-BCN dated April 7, 2006 of the Minister of Industry on announcing the List of Prohibited Exports and Prohibited Imports as prescribed in Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government.

Chapter III
FIELD OF INDUSTRIAL EXPLOSIVES

Article 8. Amend and supplement Circular No. 61/2014/TT-BCT dated December 29, 2014, issued by the Minister of Industry and Trade guiding the implementation and specifying certain provisions of Decree No. 76/2014/NĐ-CP dated July 29, 2014, of the Government detailing certain provisions of the Ordinance amending and supplementing some articles of the Ordinance on management and use of weapons, explosives, and support tools as follows:

1. Repeal Article 3, Article 4, and Article 5 of Circular No. 61/2014/TT-BCT.

2. Point b Clause 2 Article 11 of Circular No. 61/2014/TT-BCT shall be amended and supplemented as follows:

“b) Take the lead in inspecting and issuing Certificates of Chemical Safety Technical Training for explosive precursors to the subjects specified in Clause 5, Article 11 of Decree No. 76/2014/NĐ-CP dated July 29, 2014, of the Minister of Industry and Trade detailing certain provisions of the Ordinance amending and supplementing some articles of the Ordinance on management and use of weapons, explosives, and support tools.”

Article 9.

1. Repeal Article 4, Article 5, and Article 6 of Circular No. 23/2009/TT-BCT dated August 11, 2009, issued by the Minister of Industry and Trade detailing certain provisions of Decree No. 39/2009/NĐ-CP dated April 23, 2009, of the Government on industrial explosives.

2. Repeal Clause 3, Article 1 of Circular No. 26/2012/TT-BCT dated September 21, 2012, issued by the Minister of Industry and Trade amending Circular No. 23/2009/TT-BCT.

3. Supplement Clause 3, Article 14 of Circular No. 23/2009/TT-BCT as follows:

“3. The authority issuing the Permit for the Use of Industrial Explosives shall be responsible for reviewing the supplementary study knowledge of the Blaster Commander before issuing the Permit for the Use of Industrial Explosives.”

Chapter IV
FIELD OF FERTILIZERS

Article 10. Repeal Article 5, Article 13, and Appendix 1 of Circular No. 29/2014/TT-BCT dated September 30, 2014, issued by the Minister of Industry and Trade detailing and guiding the implementation of certain provisions regarding inorganic fertilizers, guiding the issuance of permits for the production of inorganic fertilizers while producing organic fertilizers and other fertilizers under Decree No. 202/2013/NĐ-CP dated November 27, 2013, of the Government on fertilizer management.

Chapter V
FIELD OF GAS BUSINESS

Article 11. Amend and supplement Circular No. 41/2011/TT-BCT dated December 16, 2011, issued by the Minister of Industry and Trade on management of safety in the gas sector.

1. Repeal Clause 1, Article 12; Clause 1, Article 17; Clause 1, Article 23; Clause 1, Article 28; Point d, Clause 1, Article 31; Clause 1 and Clause 2, Article 41; Article 43; Clause 1 and Clause 2, Article 46; and Article 47 of Circular No. 41/2011/TT-BCT.

2. Replace the legal basis "Decree No. 107/2009/NĐ-CP dated November 26, 2009" with Decree No. 77/2016/NĐ-CP dated July 1, 2016, on conditions for investment and business in the fields of international trade, industrial explosives, fertilizers, gas business, and food business under the Ministry of Industry and Trade's jurisdiction in the legal basis section and all references to Decree No. 107/2009/NĐ-CP in Circular No. 41/2011/TT-BCT.

Chapter VI
FIELD OF ENERGY CONSERVATION

Article 12. Repeal Article 4, Article 5, Article 6, Appendix I, and Appendix II of Circular No. 39/2011/TT-BCT dated October 28, 2011, issued by the Minister of Industry and Trade on training and issuing certificates for energy managers and energy auditors.

Chapter VII
FIELD OF FOOD BUSINESS UNDER THE SPECIALIZED MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Article 13. Application Object

1. The food safety assurance conditions stipulated in Sections 1, 2, 3, 4, 5, and 6 of Chapter VI of Decree No. 77/2016/ND-CP shall not apply to:

a) Small-scale food production and business establishments as defined in Clause 1, Article 3 of Circular No. 58/2014/TT-BCT dated December 22, 2014 issued by the Minister of Industry and Trade regarding the issuance and revocation of Food Safety Assurance Certificates under the management responsibility of the Ministry of Industry and Trade;

b) Business establishments providing catering services and street food.

2. The food safety assurance conditions stipulated in Sections 7 and 8 of Chapter VI of Decree No. 77/2016/ND-CP shall not apply to business establishments providing catering services and street food.

Article 14. Food Safety Assurance for Milk Processing Production and Business Establishments

1. Repeal Circular No. 54/2014/TT-BCT dated December 18, 2014 issued by the Minister of Industry and Trade regarding the conditions for ensuring food safety for milk processing production and business establishments.

2. Explain terms related to Section 4 of Chapter VI of Decree No. 77/2016/ND-CP:

a) Milk processing production establishment includes all physical facilities, workshops, machinery and equipment, environmental conditions necessary for producing processed milk products.

b) Processed milk product is a product made from animal milk with or without added nutrients, food additives, flavorings, or vitamins.

Article 15. Food Safety Assurance for Beer Production and Business Establishments

1. Repeal Circular No. 53/2014/TT-BCT dated December 18, 2015 issued by the Minister of Industry and Trade regarding the conditions for ensuring food safety for beer production and business establishments.

2. Beer production establishment in as defined in Section 5 of Chapter VI of Decree No. 77/2016/ND-CP includes all physical facilities, workshops, machinery and equipment, personnel, and environmental factors necessary for producing various types of beer.

Article 16. Food Safety Assurance for Vegetable Oil Production and Business Establishments

1. Repeal Circular No. 59/2014/TT-BCT dated December 22, 2014 issued by the Minister of Industry and Trade regarding the conditions for ensuring food safety for vegetable oil production and business establishments.

2. Vegetable oil production establishment in as defined in Section 5 of Chapter VI of Decree No. 77/2016/ND-CP is an establishment that performs one, several, or all activities of preliminary processing, processing (cleaning, drying, pressing, extraction, refining), packaging, and storage to produce finished vegetable oils.

Article 17. Amend and Supplement Circular No. 40/2013/TT-BCT dated December 31, 2013 issued by the Minister of Industry and Trade regarding the conditions, procedures, and formalities for designating food safety testing and verification establishments under the State Management Responsibility of the Ministry of Industry and Trade as follows:

1. Repeal Chapter II of Circular No. 40/2013/TT-BCT.

2. Amend the cross-references in Clause 1, Article 6; Point a and Point b, Article 7, and Appendix VII of Circular No. 40/2013/TT-BCT as follows:

a) Replace the phrase "stipulated in Articles 4 and 5 of this Circular" with "Article 25 of Decree No. 77/2016/ND-CP".

b) Replace the phrase "stipulated in Article 5" with "Article 25 of Decree No. 77/2016/ND-CP".

3. Clause 1 and Clause 3 of Article 8 of Circular No. 40/2013/TT-BCT shall be amended and supplemented as follows:

“1. Evaluate the compliance and suitability of the testing and verification establishment with the requirements stipulated in Article 25 of Decree No. 77/2016/ND-CP;

3. The conclusion of the evaluation team according to the model specified in Appendix V attached hereto. In case of need to rectify to fully comply with the provisions of Article 25 of Decree No. 77/2016/ND-CP, the Ministry of Industry and Trade will consider organizing another on-site evaluation.”

4. Clause 2 of Article 13 of Circular No. 40/2013/TT-BCT shall be amended and supplemented as follows:

“2. Supervise the operation at the establishment:

The Ministry of Industry and Trade will notify the testing and verification establishment fifteen (15) days prior to conducting supervision. The Ministry of Industry and Trade will establish an inspection team to perform the following tasks:

a) Assess the maintenance of compliance and suitability of the management system; the capability of the testing and verification establishment according to Clause 2, Article 25 of Decree No. 77/2016/ND-CP;”

5. Clause 1, Article 14 shall be amended and supplemented as follows:

“1. Exempt supervision for testing and verification establishments specified in Point e, Clause 3, Article 6 which fully comply with the provisions of Article 25 of Decree No. 77/2016/ND-CP”.

Article 18.

1. Repeal Chapter II of Circular No. 57/2015/TT-BCT dated December 31, 2015 issued by the Minister of Industry and Trade regarding the conditions for ensuring food safety in small-scale food production under the State Management Responsibility of the Ministry of Industry and Trade.

2. Amend and supplement Article 8 of Circular No. 57/2015/TT-BCT as follows:

“Small-scale food production establishments meeting the conditions stipulated in Section 7 of Decree No. 77/2016 shall be granted a Food Safety Assurance Certificate by the authority delegated by the People's Committee of the province/city directly under the Central Government (hereinafter referred to as the Provincial People's Committee) to manage food safety in their respective areas.”

1. The Ministry of Industry and Trade shall assign the Department of Science and Technology to take the lead, in coordination with relevant units and organizations, to organize the dissemination and guidance on the implementation of Points 2, 3, 4, 5, and 6 of Decree No. 77/2016/ND-CP throughout the country.

2. Provincial/Municipal Departments of Industry and Trade under the central government shall be responsible for guiding and implementing Points 2, 3, 4, 5, and 6 of Chapter VI of Decree No. 77/2016/ND-CP at the local level.

Chapter VIII
IMPLEMENTATION

Article 20. Effective Date

1. This Circular takes effect from January 20, 2017.

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