Circular No. 28/2017/TT-BCT Amending, supplementing, and abolishing some Circulars related to gasoline business, conformity assessment services, and import and export under the Ministry of Industry and Trade’s jurisdiction.

CIRCULAR

Amending, supplementing, and abolishing certain Circulars in the field of petroleum business, conformity assessment services, and import-export activities

petroleum, business of conformity assessment services and import-export

under the management of the Ministry of Industry and Trade

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

- Sending via fax or email to the address [email protected] (scanned copy)."

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product Quality;

Pursuant to Decree No. 107/2016/NĐ-CP dated July 1, 2016, issued by the Government, on business conditions for conformity assessment services;

Pursuant to Decree No. 34/2016/NĐ-CP dated May 14, 2016 of the Government detailing certain provisions and implementing measures of the Law on Legislative Regulatory Documents;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedures control, and Decree No. 48/2013/NĐ-CP dated May 14, 2013 of the Government amending and supplementing some articles of related decrees concerning administrative procedures control, and Decree No. 92/2017/NĐ-CP dated August 7, 2017 of the Government amending and supplementing some articles of related decrees concerning administrative procedures control;

At the request of the Director of the Legal Department,

The Minister of Industry and Trade issues this Circular amending, supplementing, and abolishing certain Circulars in the field of petroleum business, conformity assessment services, and import-export activities under the management of the Ministry of Industry and Trade.

"Article 6. Issuance of Permits, Certifications, and Certificates

1. A trader who has the need for new issuance, supplementary issuance, amendment, or reissuance of Export and Import Petroleum Business License, Confirmation of Eligibility to be a Petroleum Distributor Trader, Confirmation of Eligibility to be a General Agent for Petroleum Business (with a distribution system in at least two centrally governed cities or provinces), Confirmation of Eligibility to be a Retail Agent for Petroleum Business, Certificate of Eligibility for a Retail Petroleum Business Store shall submit one set of application dossier to the Ministry of Industry and Trade or the Department of Industry and Trade via official correspondence or electronic means according to the address announced on their websites.

a) For administrative procedures for new issuance, additional issuance, amendment of the Certificate of Eligibility to be a Principal Trader in Petroleum Products, carried out in accordance with Clause 3, Article 8 of Decree No. 83/2014/NĐ-CP.

a) In cases where the submitted documents are incomplete, the Ministry of Industry and Trade will issue a written request for the trader to supplement the documents within seven working days from the date of receiving the documents.

b) Within thirty working days from the date of receiving a complete and valid dossier, the Ministry of Industry and Trade shall be responsible for reviewing, assessing, verifying the actual capacity, and issuing the Export and Import Petroleum Business License; Confirmation of Eligibility to be a Petroleum Distributor Trader; Confirmation of Eligibility to be a General Agent for Petroleum Business (with a distribution system in at least two centrally governed cities or provinces) to the trader.

c) Depending on specific cases, the Ministry of Industry and Trade may cooperate with or delegate the Department of Industry and Trade where the trader's main office is located or the Department of Industry and Trade where the trader's petroleum business premises are located to assess and verify the actual capacity of the trader, and prepare a written report to be submitted to the Ministry of Industry and Trade for review and issuance of Confirmation of Eligibility to be a Petroleum Distributor Trader, Confirmation of Eligibility to be a General Agent for Petroleum Business.

d) If the results of the actual verification do not match the information provided in the application documents, the Ministry of Industry and Trade will notify the trader in writing, specifying the reasons for refusing to issue the permit or certification.

d) In case the actual verification results match the application dossier of the trader, the Ministry of Industry and Trade shall issue the License and Confirmation according to Model No. 2, Model No. 6, and Model No. 8 attached to Decree No. 83/2014/NĐ-CP.

a) For administrative procedures for new issuance, additional issuance, amendment of the Certificate of Eligibility to be a Total Agency for Petroleum Products Trading (with a distribution system covering one (01) province or centrally-administered city), carried out in accordance with Clause 4, Article 17 of Decree No. 83/2014/NĐ-CP.

a) In case the dossier is incomplete, within three working days from the date of receiving the dossier from the trader, the Department of Industry and Trade shall issue a written request for the trader to supplement the dossier.

b) Within twenty working days from the date of receiving a complete and valid dossier, the Department of Industry and Trade shall be responsible for reviewing, assessing, verifying the actual capacity, and issuing Confirmation of Eligibility to be a General Agent for Petroleum Business (with a distribution system in one centrally governed city or province); Confirmation of Eligibility to be a Retail Agent for Petroleum Business; Certificate of Eligibility for a Retail Petroleum Business Store to the trader.

d) If the results of the actual verification match the information provided in the application documents, the Department of Industry and Trade will issue the certification or certificate to the trader.

d) In case the actual verification results match the application dossier of the trader, the Department of Industry and Trade shall issue the Confirmation and Certificate to the trader according to Model No. 4, Model No. 8, and Model No. 10 attached to Decree No. 83/2014/NĐ-CP.

4. The trader shall be responsible for paying fees and charges as prescribed by law. The use of fees and charges shall comply with regulations issued by the Ministry of Finance and the Ministry of Industry and Trade."

Article 2. Amend, supplement, and abolish certain Articles of Circular No. 48/2011/TT-BCT dated December 30, 2011, issued by the Minister of Industry and Trade on the management of quality of products and goods under Group 2 within the scope of management of the Ministry of Industry and Trade.

1. Supplement Article 10b as follows:

"Article 10b. Requirements for organizations designated to assess conformity

1. Have registered their field of operation in accordance with Article 5, Article 9, Article 13, and Article 17 of Decree No. 107/2016/NĐ-CP dated July 1, 2016, of the Government on conditions for operating conformity assessment services, and have been granted a Certificate of Registration for Conformity Assessment Activities by the competent authority.

2. Possess all necessary technical documents, standards, and testing procedures that comply with the corresponding technical regulations issued by the Ministry of Industry and Trade."

2. Abolish Article 11, Article 12, Article 13, and Article 14.

Article 3. Amend, supplement, and abolish certain Articles of Circular No. 33/2015/TT-BCT dated October 27, 2015, issued by the Minister of Industry and Trade on the inspection of safety and technical equipment and tools.

1. Amend Point b Clause 2 Article 6 as follows:

"b) For electrical equipment not covered by point a of this clause, it shall be inspected periodically according to the manufacturer's regulations, but not exceeding 36 months for the equipment and tools specified in Section II and Section III of Appendix I attached to Circular No. 33/2015/TT-BCT.

2. Amend Article 7 as follows:

"1. The inspection of electrical equipment shall be carried out by an inspection organization meeting the requirements set forth in Article 9 of Decree No. 107/2016/NĐ-CP dated July 1, 2016, of the Government on conditions for operating conformity assessment services, and shall be granted a Certificate of Registration for Inspection Activities by the Ministry of Industry and Trade in accordance with the provisions.

The dossier, procedure, and process for issuing the Certificate of Registration for Inspection Activities shall be implemented in accordance with the provisions of Article 10, Article 11, and Article 12 of Decree No. 107/2016/NĐ-CP.

2. The content of the inspection procedures shall be established by the inspection organization for each type of equipment based on national technical standards and regulations at Appendix II attached to Circular No. 33/2015/TT-BCT; foreign technical standards applied in Vietnam; and the regulations and guidelines of the manufacturer. The items and methods of inspection must be detailed in each specific procedure.

3. Immediately after completing the inspection, the inspection organization shall affix an inspection label to the electrical equipment that meets the requirements.

a) The inspection label model is attached in Appendix III of Circular No. 33/2015/TT-BCT. The position where the label is affixed must not be obstructed, easily visible, and protected from adverse environmental effects;

b) In cases where the electrical equipment is located in positions or environments where affixing labels is not possible, upon completion of the inspection, the inspection organization shall issue an Inspection Certificate for the electrical equipment instead of affixing a label."

"b) Having at least two individuals meeting the conditions stipulated in Clause 2 of this Article."

"b) Accept applications for registration of inspection activities, review, and publish the list of inspection organizations on the Ministry of Industry and Trade’s electronic portal."

4. Amend Point h Clause 4 Article 10 as follows:

"Organize vocational training, issue inspection certificates for personnel conducting safety and technical inspections of electrical equipment in accordance with the law. Training materials include contents on measurement, product quality according to the law, and inspection contents as stipulated in Circular No. 33/2015/TT-BCT."

5. Abolish Clause 2 Article 3, Clause 9 Article 5, Article 8, Article 9, Point a Clause 4 Article 10, Section I Appendix I, Appendices IV, V, VI, VII, VIII attached to Circular No. 33/2015/TT-BCT.

Article 4. Amend and supplement some articles of Circular No. 12/2016/TT-BCT dated July 5, 2016, issued by the Minister of Industry and Trade to amend and supplement some articles of Circular No. 41/2012/TT-BCT dated December 21, 2012, issued by the Minister of Industry and Trade on mineral exports.

1. Delete the phrase "confirmed by the Customs office at the import port" from Clause 2, Article 1.

2. Replace the phrase "certified copy as prescribed" with the phrase "copy from the original book or certified copy or copy presented together with the original for verification" in Clause 3, Article 1.

Supplement Clause 2a of Article 5 as follows:

"2a. The documents specified in point a and point b of Clause 2 of Article 5 of this Circular are copies from the original book or certified copies or copies presented together with the original for verification."

Article 6. Repeal some Circulars

1. Repeal Chapter IV of Circular No. 44/2010/TT-BCT dated December 31, 2010, issued by the Minister of Industry and Trade detailing some provisions of Decree No. 109/2010/NĐ-CP dated November 4, 2010, issued by the Government on rice export business.

2. Repeal Circular No. 20/2011/TT-BCT dated May 12, 2011, issued by the Minister of Industry and Trade stipulating additional procedures for importing passenger cars with up to nine seats and Circular No. 04/2017/TT-BCT dated March 9, 2017, issued by the Minister of Industry and Trade amending and supplementing Circular No. 20/2011/TT-BCT dated May 12, 2011, issued by the Minister of Industry and Trade stipulating additional procedures for importing passenger cars with up to nine seats.

Article 7. Transitional Provisions

For applications for permits, certificates, and confirmation letters that have been accepted by administrative procedure agencies before the effective date of this Circular, the procedures and formalities shall be carried out according to the current regulations at the time of acceptance of the application.

Article 8. Implementation clause

1. This Circular takes effect from January 1, 2018.

2. During the implementation process, if there are arising issues or difficulties, organizations and individuals shall reflect them to the Ministry of Industry and Trade for consideration and resolution./.