Circular No. 38/2025/TT-BCT amends and supplements certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade.

CIRCULAR

Amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15;

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation in the field of industry and trade;

Pursuant to Decree No. 139/2025/NĐ-CP dated June 12, 2025 of the Government on the division of authority of local governments at two levels in the field of state management of the Ministry of Industry and Trade;

At the proposal of the Director of the Office of the Ministry,

The Minister of Industry and Trade promulgates the Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade."

The Minister of Industry and Trade issues this Circular amending and supplementing certain provisions on the delegation of administrative procedure implementation in fields under the management of the Ministry of Industry and Trade.

PART I
INDUSTRIAL EXPLOSIVES AND PRECURSOR CHEMICALS FOR EXPLOSIVES

Article 1. Amending and supplementing certain Articles of Circular No. 23/2024/TT-BCT dated November 7, 2024 of the Minister of Industry and Trade on the management and use of industrial explosives and precursor chemicals for explosives under the jurisdiction of the Ministry of Industry and Trade

"1. The Industrial Safety and Environmental Technology Department shall issue, reissue, amend licenses for offshore blasting services or blasting services with nationwide scope."

"c) Issue, reissue, amend licenses for the use of industrial explosives for organizations and enterprises researching or testing industrial explosives or holding mining operation permits issued by the Ministry of Agriculture and Rural Development, except for organizations and enterprises under the jurisdiction of the Ministry of National Defense."

"4. Provincial People's Committee's authority

a) Issue, reissue, amend licenses for the use of industrial explosives for organizations and enterprises using such explosives within their jurisdiction, excluding those organizations specified in point c of Clause 2 of this Article and those under the jurisdiction of the Ministry of National Defense;"

b) Issuing and amending certificates of eligibility for production of precursor chemicals for explosives.”

4. Amending and supplementing Point a Clause 4 Article 17 as follows:

"a) Report to the Public Security Police Station and the Provincial People's Committee where the industrial explosive materials or precursor chemical activities take place within 24 hours from the time of discovery of unauthorized entry into areas storing industrial explosives or precursor chemicals, theft, loss, or accidents or incidents during the handling of industrial explosives or precursor chemicals;"

5. Amending Point b Clause 1 Article 18 as follows:

"b) Take the lead in organizing inspections and handling violations by organizations, enterprises, and individuals related to the management and use of industrial explosives and the production of precursor chemicals according to the provisions of the law;"

6. Amending Point e Clause 1 Article 18 as follows:

"e) Carry out state management functions regarding construction and fire prevention and firefighting for facilities producing and storing industrial explosives and precursor chemicals according to the authorities prescribed by laws on construction and fire prevention and firefighting;"

7. Supplementing Points h, i, k Clause 1 Article 18 as follows:

“h) Receiving new registrations and supplementary registrations as provided for in Articles 6 and 7 of this Circular;

i) Leading and coordinating with relevant agencies and organizations to propose amendments and supplements to the list of industrial explosives;

k) Lead in developing technical standards and technical regulations concerning the quality of industrial explosives products."

8. Supplementing Point e Clause 2 Article 18 as follows:

“e) Leading the development of technical standards and quality regulations for precursor chemicals for explosives.”

9. Amending and supplementing the title of Article 19 as follows:

“Article 19. Responsibilities of Provincial People's Committees”.

10. Amending and supplementing Clause 4, Clause 5 Article 19 as follows:

“4. Reporting to the Ministry of Industry and Trade:

a) The situation of management and use of industrial explosives and precursor chemicals in the province before June 30 for six-month reports, and before December 30 for annual reports as stipulated in Form No. 03 of Appendix X attached to this Circular;

b) Within 24 hours after receiving an urgent report from organizations and enterprises as stipulated in Clause 4 of Article 17 of this Circular, reporting according to Model 05 of Appendix X attached to this Circular.

5. Carry out state management functions regarding construction and fire prevention and firefighting at local facilities producing and storing industrial explosives and precursor chemicals according to the authorities prescribed by laws on construction and fire prevention and firefighting."

11. Replacing the term "Department of Industry and Trade" with the term "Provincial People's Committee" as provided in Point a Clause 2, Point a Clause 4 Article 11; Point b Clause 1, Points b and c Clause 2, Point b Clause 4 Article 17.

12. Replacing the term “Science and Technology Department” with the phrase “Department of Industrial Safety and Environmental Protection” as provided in Point c Clause 3, Clause 5 Article 6; Point c Clause 2, Points a and d Clause 3 Article 7; Point d Clause 2 Article 11.

13. Amending the title of Model 03 of Appendix X as follows:

“Model 03. Periodic Report of the Provincial People's Committee.”

14. Amending the title of Model 05 of Appendix X as follows:

“Model 05. Urgent Report of the Provincial People's Committee.”

Chapter II
FIELD OF OCCUPATIONAL SAFETY AND HEALTH

Article 2. Amend Clause 1 of Article 3 of Circular No. 37/2018/TT-BCT dated October 25, 2018 of the Minister of Industry and Trade amending, supplementing, and abolishing certain provisions on occupational safety management and technical safety inspection under the jurisdiction of the Ministry of Industry and Trade

"1. The Industrial Safety and Environment Technology Department shall implement issuance, extension, reissuance, and revocation of certificates confirming eligibility for technical inspection of labor safety."

Chapter III
FIELD OF GAS BUSINESS

Article 3. Supplement Clause 1a to Article 3 of Circular No. 37/2018/TT-BCT dated October 25, 2018 of the Minister of Industry and Trade amending, supplementing, and abolishing certain provisions on occupational safety management and technical safety inspection under the jurisdiction of the Ministry of Industry and Trade

"1a. The Provincial People's Committee shall implement issuing, reissuing, amending, and revoking certificates of eligibility for LPG bottle manufacturing and repair and certificates of eligibility for mini LPG bottle manufacturing."

Chapter IV
FIELD OF OIL AND GAS

Article 4. Amending and supplementing some articles of Circular No. 40/2018/TT-BCT dated October 30, 2018, issued by the Minister of Industry and Trade, stipulating on the construction and contents of safety management documents in oil and gas activities

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Time for constructing safety management documents

1. Safety management programs shall be implemented:

a) Before operation.

b) Before modification, change in capacity, technology, dismantling of facilities upon completion of exploitation or project termination, or change in safety policy and safety management system.

2. Risk assessment reports shall be implemented:

a) At the basic design stage.

b) Before operation (in case of changes from the design).

c) Before modification, expansion in scale with increased capacity, change in technology, dismantling of facilities upon completion of exploitation or project termination, or change in safety policy and safety management system.

d) Updated every five years.

3. Emergency response plans shall be implemented.

a) Before operation.

b) Before modification, expansion in scale with increased capacity, change in technology, dismantling of facilities upon completion of exploitation or project termination, or change in safety policy and safety management system."

2. Amend Article 27 as follows:

"Article 27. Responsibilities of the Industrial Safety and Environment Technology Department

1. Approving safety management documents for oil and gas projects with scale as prescribed by laws on construction regarding the authority to review of the Ministry of Industry and Trade for feasibility studies for investment construction.

2. Guide the implementation of this Circular.

3. Inspect, handle violations, and resolve complaints and denunciations according to their authority over safety management in oil and gas activities as stipulated by law."

3. Amend Article 28 as follows:

“Article 28. Responsibilities of the People's Committee of the province

1. Approve safety management documents for oil and gas projects within their jurisdiction except those specified in Clause 1 of Article 27 of this Circular.

2. Conduct inspections, handle violations, resolve complaints and denunciations, and ensure compliance with the contents of safety management documents in oil and gas activities within their jurisdiction as stipulated by law."

4. Amend Clause 1 of Article 29 as follows:

“1. Organizations and individuals engaged in oil and gas activities as prescribed in Clause 1, Article 3 of this Circular shall be responsible for building safety management documents including Periodic Risk Assessment Reports as prescribed in Clause 2, Article 4 of this Circular, and shall bear legal responsibility for the accuracy of information, documents, and results during the construction of safety management documents; they shall be responsible for implementing measures and plans to ensure safety for projects and works; organizing emergency response drills according to the plan stated in the safety management documents.”

Article 5. Delegation of administrative procedures for approval of safety management documents for drilling exploration activities, new construction or modification of oil and gas facilities, and dismantling of oil and gas facilities

The Minister of Industry and Trade delegates the Bureau of Industrial Safety and Environmental Protection to approve safety management documents for drilling exploration activities, new construction or modification of oil and gas facilities, and dismantling of oil and gas facilities as prescribed in Article 40 of Decree No. 45/2023/NĐ-CP dated July 1, 2023, detailing certain provisions of the Oil Law.

Chapter V
FIELD OF DAM AND RESERVOIR SAFETY FOR HYDROPOWER PLANTS

Article 6. Delegation of administrative procedures related to the operation process of hydroelectric reservoirs

The Minister of Industry and Trade delegates the Bureau of Industrial Safety and Environmental Protection to review, approve, and amend the operation process of critical special hydroelectric reservoirs and hydropower plants located in two or more provincial administrative units as prescribed in Point a, Clause 5, Article 76, and Clause 2, Article 77 of the Electricity Law.

Chapter VI
FIELD OF CHEMICALS

1. Amending Point c, Clause 1, Article 10 (amended and supplemented at Clause 7, Article 1 of Circular No. 17/2022/TT-BCT) as follows:

“c) Implementing tasks prescribed in Point a, Clause 7, Article 16 of Decree No. 113/2017/NĐ-CP, amended and supplemented at Point e, Clause 8, Article 1 of Decree No. 82/2022/NĐ-CP. The Chemicals Department issues, reissues, amends, and revokes permits for the production and trade of restricted chemicals in the industrial sector.”

2. Amending Point d, Clause 1, Article 10 (amended and supplemented at Clause 7, Article 1 of Circular No. 17/2022/TT-BCT) as follows:

“d) Processing files, organizing reviews, establishing Review Boards, examining, approving Emergency Prevention and Response Plans for chemical accidents; certifying on the back cover of the Emergency Prevention and Response Plan after its approval.”

1. The Chemicals Department is responsible for receiving applications, reviewing, issuing, reissuing, and revoking permits for the transport of dangerous goods classified as Class 5 and Class 8 as prescribed in Clause 1, Article 4 of Decree No. 161/2024/NĐ-CP on the List of Dangerous Goods, Transport of Dangerous Goods, and Procedures for Issuing Permits and Certificates of Completion of Training Programs for Drivers or Escorts of Dangerous Goods Vehicles on Roads; Point b, e, g, Clause 4, Clause 6, Article 44 of Decree No. 105/2025/NĐ-CP dated May 15, 2025, guiding the implementation of certain provisions and measures of the Fire Prevention, Firefighting, and Rescue Law.

2. The Bureau of Industrial Safety and Environmental Protection is responsible for receiving applications, reviewing, issuing, reissuing, and revoking permits for the transport of dangerous goods classified as Class 1 (excluding industrial explosives), Class 2, Class 3, Class 4, and Class 9 as prescribed in Clause 1, Article 4 of Decree No. 161/2024/NĐ-CP on the List of Dangerous Goods, Transport of Dangerous Goods, and Procedures for Issuing Permits and Certificates of Completion of Training Programs for Drivers or Escorts of Dangerous Goods Vehicles on Roads; Point b, Point e, Clause 4, Clause 6, Article 44 of Decree No. 105/2025/NĐ-CP dated May 15, 2025, guiding the implementation of certain provisions and measures of the Fire Prevention, Firefighting, and Rescue Law.

Chapter VII
FIELD OF PRODUCT AND COMMODITY QUALITY

Article 9. Amending and supplementing Article 19 Circular No. 02/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade, stipulates on the protection of power facilities and safety in the power sector

“ Article 19. Responsibilities of Provincial People's Committees

1. The provincial People's Committee shall implement the issuance of new certificates, supplementary certificates, amended certificates, reissued certificates, and the revocation of certificates for registration of activities related to technical safety inspection of electrical equipment and devices in accordance with the laws on product quality and goods.

The procedures for issuing new certificates, supplementary certificates, amended certificates, and reissued certificates for registration of activities related to technical safety inspection of electrical equipment and devices are specified in Articles 10, 11, and 12 of Decree No. 107/2016/NĐ-CP dated July 1, 2016, issued by the Government on business conditions for conformity assessment services (amended and supplemented in Clause 3, Article 3 of Decree No. 154/2018/NĐ-CP dated November 9, 2018, issued by the Government amending and supplementing certain provisions on investment and business conditions in the field under the management of the Ministry of Science and Technology) and the laws on specialized inspections.

2. The provincial People's Committee shall publicly announce on its electronic portal the list of inspection organizations and information about the Ministry of Science and Technology and the Ministry of Industry and Trade within fifteen (15) days from the date of issuance of the certificate for registration of activities related to technical safety inspection of electrical equipment and devices.

3. Within their scope of authority, they are responsible for inspecting and supervising the technical safety inspection activities of inspection organizations, and organizations and individuals using and operating electrical equipment and devices within their jurisdiction."

Article 10. Amending and supplementing some articles of Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade, stipulating the management of product and commodity quality under the responsibility of the Ministry of Industry and Trade

1. Unit prices for construction projects published by the People's Committee of the province in accordance with Clause 2, Article 26 of Decree No. 10/2021/NĐ-CP serve as the basis for determining and managing construction investment costs within the province. The unit prices for construction projects published by the People's Committee of the province are determined based on construction norms issued by competent authorities and the cost factors' prices specified in Clause 3, Clause 4, and Clause 5 of this Article, consistent with the time of determining the unit price for construction projects. Cost factors' prices include: material prices, labor unit prices, machinery and equipment rental prices.

a) Amending and supplementing Point b Clause 1 as follows:

"b) Conformity assessment bodies shall be evaluated and designated by competent authorities when meeting the conditions set out in Decree No. 74/2018/NĐ-CP dated May 15, 2018, issued by the Government, and amended and supplemented by Decree No. 154/2018/NĐ-CP dated November 9, 2018, issued by the Government."

b) Amend and supplement Clause 2 as follows:

"2. Conformity assessment bodies that have registered their fields of activity or been designated by competent authorities must comply with regulations on conformity assessment activities and be subject to supervision and inspection by the competent authority that has issued the registration certificate or made the designation."

The list of conformity assessment bodies that have registered their fields of activity or been designated by competent authorities shall be published on the website of the competent authority that has issued the registration certificate or made the designation."

2. Amend and supplement Point c Clause 2 Article 11 as follows:

“c) The results of certification and testing by organizations for certification and testing that are designated by the competent authority.”

3. Amend and supplement Clause 2 Article 12 as follows:

"2. When declaring compliance, organizations and individuals engaged in production, business, and import must register the declaration of compliance with the provincial People's Committee where they have registered their production, business, or import activities."

4. Amendment and supplementation of Article 13 as follows:

“Article 13. Responsibilities of the Department of Innovation, Green Transition, and Handicraft Promotion.

1. Advise the Minister of Industry and Trade to perform the function of being the focal point for state management of product and commodity quality.

2. Summarize the situation of product and commodity quality inspection results and report to the leadership of the Ministry of Industry and Trade.

3. Be responsible for urging, guiding, and inspecting the implementation of this Circular.

5. Amending and supplementing Article 14 as follows:

“Article 14. Responsibilities of the Provincial People's Committees

1. Implementing procedures for issuing, amending, supplementing, reissuing certificates for registration of conformity assessment activities (including testing, certification, appraisal, and quality inspection of products and commodities); Inspecting and supervising the activities of conformity assessment bodies that have been issued certificates; Handling violations in accordance with the law.

2. Implementing procedures for issuing, amending, supplementing, reissuing decisions designating conformity assessment bodies to conduct testing, certification, appraisal, and quality inspection of products and commodities; Inspecting and supervising the activities of conformity assessment bodies that have been designated; Handling violations in accordance with the law.

3. Updating the list of conformity assessment bodies that have been issued, amended, supplemented, reissued certificates for registration of conformity assessment activities; issuing, amending, supplementing, reissuing decisions designating conformity assessment bodies on the local electronic information portal.

4. Issue notifications of receipt of declarations of compliance and manage declarations of compliance for products and commodities.

5. Organizing, leading, coordinating with relevant agencies to manage the quality of products and commodities (including managing the quality of products and commodities in production, export, import, circulation in the market, and during use); Handling violations regarding the quality of products and commodities within the assigned management scope as stipulated in the Law on Product Quality and Related Legal Documents.

6. Report to the Ministry of Industry and Trade on the situation of product and commodity quality management within the scope of assigned management (annual reports and ad hoc reports).”

6. Amend and supplement Article 16 as follows:

“Article 16. The Chemicals Department shall organize the implementation of quality inspections for products and goods in Group 2 imported as explosive precursors and industrial explosives listed in Appendix 1 of the Catalogue of Products and Goods with Potential to Cause Safety Risks under the management responsibility of the Ministry of Industry and Trade issued together with Circular No. 41/2023/TT-BCT dated December 28, 2023. The model notification of the state inspection results on the quality of imported goods in Group 2 is detailed in Model No. 03 of the Appendix issued together with Decree No. 74/2018/NĐ-CP."

Implementing quality inspection of imported products and commodities in Group 2, which are explosive precursors and industrial explosives, listed in the Appendix of the List of Products and Commodities with Potential Safety Risks under the Management Responsibility of the Ministry of Industry and Trade issued pursuant to Circular No. 41/2023/TT-BCT dated December 28, 2023. The model notification of the results of state inspection of quality of imported products and commodities in Group 2 is detailed in Model No. 03 of the Appendix issued pursuant to Decree No. 74/2018/NĐ-CP."

“2. Annually on December 15 or at any time upon request, report the results of conformity assessment activities designated according to Model No. 11 of the Appendix issued together with Decree No. 74/2018/NĐ-CP to the competent authority that has designated such activities for consolidation.”

"2. Annually on December 15 or at any time upon request, report the results of conformity assessment activities that have been designated according to Model No. 11 of the Appendix issued pursuant to Decree No. 74/2018/NĐ-CP to the competent authority that has made the designation for consolidation."

Chapter VIII
FIELD OF COMMERCIAL APPRAISAL

Article 11. Amend and supplement some articles of Circular No. 01/2015/TT-BCT dated January 15, 2015, issued by the Minister of Industry and Trade, stipulating procedures for registering business seals for commercial inspection service traders.

2. Amending and supplementing Article 7 as follows:

"1. The agency responsible for registering business seals for commercial inspection service traders is the People's Committee of the province where the trader registers their business."

“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”

“1. Publish the List of traders who have registered trade inspection business seals on the provincial People's Committee’s electronic portal, including the following information: name of the trader; main office address; trade inspection service areas registered by each trader and other related information (if any).

1. Publish a list of traders who have registered commercial inspection business seals on the provincial People's Committee’s electronic portal, including the following information: name of the trader; main office address; the field of commercial inspection services registered by each trader and other related information (if any).

3. Before January 30 each year, the People's Committee of the province shall be responsible for reporting to the Ministry of Industry and Trade the list of traders who have registered business seals; their main office addresses; and the trade inspection service areas registered by each trader (if any).”

3. Before January 30 each year, the People's Committee of the province shall report to the Ministry of Industry and Trade the list of traders who have registered business seals; main office addresses; fields of commercial inspection services registered by each trader (if any)."

3. Replace the phrase "Department of Science and Technology" with the phrase "Agency for Innovation, Green Transition and Small and Medium Enterprise Support" in Circular No. 01/2015/TT-BCT.

4. Replace the phrase "Department of Industry and Trade" with the phrase "People's Committee" in the Appendix accompanying Circular No. 01/2015/TT-BCT.

Chapter IX
FIELD OF ENERGY EFFICIENCY AND CONSERVATION

Article 12. Amending and supplementing certain Articles of Circular No. 36/2016/TT-BCT dated December 28, 2016, issued by the Minister of Industry and Trade, stipulating energy labeling for vehicles and equipment under the management of the Ministry of Industry and Trade.

1. Amending and supplementing Clause 1 of Article 5 as follows:

“Article 6. Energy Labeling

1. Prior to bringing vehicles and equipment to market, the manufacturing or importing enterprise must prepare one set of energy label registration documents and send them to the Agency for Innovation, Green Transition and Small and Medium Enterprise Support.

2. Amending and supplementing Clause 1 of Article 6 as follows:

“3. Amend and supplement Clause 2, Clause 3 of Article 8 as follows:

1. After submitting the energy label registration documents to the Agency for Innovation, Green Transition and Small and Medium Enterprise Support, the enterprise may independently implement energy labeling in accordance with the information in the Energy Label Declaration for the product that has been registered. The enterprise shall be responsible for the accuracy and truthfulness of the information declared in the Energy Label Declaration and displayed on the energy label.

3. By January 15 each year, testing organizations shall be responsible for preparing reports on the quantity and types of vehicles and equipment tested for energy labeling according to the form in Appendix 4 attached to this Circular and submit them to the Innovation, Green Transition and Small and Medium Enterprise Promotion Bureau.”

"2. Before January 15 each year, enterprises implementing energy labeling shall prepare a report on the quantity and types of vehicles and equipment produced, consumed, and labeled with energy labels during the year according to the form at Appendix 3 attached to this Circular and submit it to the Agency for Innovation, Green Transition and Small and Medium Enterprise Support and the Department of Industry and Trade.

3. Before January 15 each year, testing organizations shall prepare a report on the quantity and types of vehicles and equipment tested for energy labeling according to the form at Appendix 4 attached to this Circular and submit it to the Agency for Innovation, Green Transition and Small and Medium Enterprise Support.

Replace Appendices 1, 3, and 4 of Circular No. 36/2016/TT-BCT with the corresponding appendices at Model Nos. 01, 02, and 03, Part III of Appendix I issued together with this Circular.

1. Amend and supplement Clause 1 of Article 10 as follows:

“Article 10. Issuance of Certificates and Recognition of Certificates

1. Individuals who pass the examination organized by the Agency for Innovation, Green Transition and Small and Medium Enterprise Support shall be issued national certificates. The Agency for Innovation, Green Transition and Small and Medium Enterprise Support issues energy management certificates and energy auditor certificates according to the forms specified in Appendices 4 and 5 attached to this Circular.

2. Amend and supplement Clause 3 of Article 11 as follows:

"3. Within ten working days from the date of receipt of the application for replacement or reissue of energy management certificates or energy auditor certificates, the Agency for Innovation, Green Transition and Small and Medium Enterprise Support shall examine the validity and issue replacement or reissued energy management and auditor certificates to the applicant."

3. Replace Appendices 3 and 4 of Circular No. 39/2011/TT-BCT with corresponding appendices at Model Nos. 04 and 05, Part III of Appendix I attached to this Circular.

Article 14. Amend and supplement some articles of Circular No. 42/2019/TT-BCT dated December 18, 2019, issued by the Minister of Industry and Trade, amending and supplementing certain provisions on periodic reporting requirements in circulars issued by the Minister of Industry and Trade or jointly issued.

1. Replace the phrase "Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development)" with the phrase "Agency for Innovation, Green Transition and Small and Medium Enterprise Support" in Articles 1, 2, 3, 4, 5, 6, and 7 of the Circular.

2. Replace Appendix 5 of Circular No. 42/2019/TT-BCT with the corresponding appendix at Model No. 06, Part III of Appendix I promulgated together with this Circular.

Chapter X
FIELD OF FOOD SAFETY

Article 15. Amend and supplement some articles of Circular No. 40/2013/TT-BCT dated December 31, 2013, issued by the Minister of Industry and Trade, stipulating conditions and procedures for designating testing and certification organizations under the responsibility of the Ministry of Industry and Trade for food safety management.

1. Amend Clause 1, Clause 2 of Article 6 as follows:

"1. Testing organizations that meet the requirements specified in Article 25 of Decree No. 77/2016/NĐ-CP shall submit one (01) set of registration dossier to the People's Committee of the province in accordance with Clause 3 of this Article. The dossier may be submitted directly, through postal services, or online (on the National Public Service Portal or the Administrative Procedure Information System of the People's Committee of the province)."

2. The People's Committee of the province shall take the lead and coordinate with relevant units to assess the testing and certification organizations regarding their capacity to implement food safety certification tasks assigned to them."

2. Amend Article 20 as follows:

“Article 20. Implementation

The Ministry of Industry and Trade shall coordinate with relevant units and the People's Committee of the province to guide the implementation of this Circular.

Any difficulties encountered during the implementation process should be promptly reported to the Ministry of Industry and Trade and the People's Committee of the province for study and resolution./.

3. Replace the phrase "Ministry of Industry and Trade" in Articles 7, 8, 9, 10, 11, the salutation in Appendix I, Appendix IX, and the recipient section in Appendix VIII with "People's Committee of the province".

4. Replace Appendices V and VI of Circular No. 40/2013/TT-BCT with the corresponding appendices at Model No. 03, Model No. 01, Part I of Appendix I promulgated together with this Circular.

Article 16. Amend and supplement some articles of Circular No. 43/2018/TT-BCT dated November 15, 2018 issued by the Minister of Industry and Trade stipulating food safety management under the responsibility of the Ministry of Industry and Trade.

1. Amend the title of Clause 1 of Article 6 as follows:

"1. The Minister of Industry and Trade shall delegate to the People's Committee of the province the issuance of Certificates:"

2. Amend the title of Clause 2 of Article 6 as follows:

"2. The People's Committee of the province shall issue Certificates:"

3. Amend Clause 1, Clause 2 of Article 23 as follows:

“1. Responsibilities of the Ministry of Industry and Trade

The Ministry of Industry and Trade shall coordinate with relevant units and the People's Committee of the province to guide the implementation of this Circular.

2. Responsibilities of the People's Committee of the province

a) Receiving and examining the validity of the dossier, conducting on-site verification at the organization, and deciding to issue a Certificate of Food Safety Conditions in accordance with Clause 2 of Article 6 of this Circular based on the actual situation in the locality;

b) Receiving and examining the validity of the registration dossier, organizing assessment, reviewing, and deciding to assign or designate state inspection agencies for imported food products; designating testing organizations for food products serving state management within the assigned field of management;

c) Receiving and examining the validity of the dossier, conducting on-site verification at the organization, and issuing a Certificate of Food Safety Conditions for business establishments as specified in points b and d of Clause 1 of Article 6 of this Circular;

d) Annually reporting to the Ministry of Industry and Trade on the results of issuing Certificates of Food Safety Conditions for production and business establishments as specified in Clauses 1 and 2 of Article 6 of this Circular; the list of establishments under the state management responsibility of the Ministry of Industry and Trade that are not required to obtain Certificates of Food Safety Conditions in accordance with Article 12 of Decree No. 15/2018/NĐ-CP dated February 2, 2018, guiding the implementation of certain provisions of the Food Safety Law; reporting on the results of recalling and handling recalled products according to mandatory recall decisions by competent authorities at the local level, the results of designating state inspection agencies for imported food products; designating testing organizations for food products serving state management within the assigned field of management."

4. Replace the phrase "Ministry of Industry and Trade" with "People's Committee of the province" in point b of Clause 3 of Article 6.

5. Amend Article 10 as follows:

Article 10. State Inspection Agency for Imported Food Products Organizations operating service conformity assessment businesses in Vietnam, which have been assessed as meeting the necessary conditions for operating certification or inspection services according to Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government, may be considered by the People's Committee of the province for assignment or designation as the State Inspection Agency for Imported Food Products under the state management responsibility of the Ministry of Industry and Trade.”

Organizations operating conformity assessment services in Vietnam, which have been assessed as meeting the conditions for conducting certification or inspection services in accordance with Decree No. 107/2016/NĐ-CP dated July 1, 2016, issued by the Government, shall be considered by the People's Committee of the province to be designated as State Inspection Agencies for imported food products under the state management responsibility of the Ministry of Industry and Trade."

Article 17. Amend Article 19 of Circular No. 27/2016/TT-BCT dated December 5, 2016, issued by the Minister of Industry and Trade to amend, supplement, and abolish certain regulatory legal documents governing investment and business conditions in certain fields under the management of the Ministry of Industry and Trade.

“Article 19. Responsibilities of state administrative agencies in ensuring food safety for milk, beer, and vegetable oil production and business establishments.

1. The Ministry of Industry and Trade delegates tasks and authorities to the People's Committees of provinces to take the lead and coordinate with relevant units and organizations to disseminate and guide the implementation of Sections 2, 3, 4, 5, and 6 of Decree No. 77/2016/NĐ-CP throughout the country.

2. The People's Committees of provinces shall be responsible for implementing Sections 2, 3, 4, 5, and 6 of Chapter VI of Decree No. 77/2016/NĐ-CP at the local level.

Article 18. Amend and supplement certain articles of Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT on conditions and procedures for designating food testing facilities to serve state management.

1. Add Article 21a before Article 21

"Article 21a. Responsibilities of the Ministry of Industry and Trade

The Ministry of Industry and Trade delegates tasks and authorities to the provincial People's Committees, which are state management units for food inspection, to organize the acceptance of registration files, evaluation, designation, inspection, and supervision of testing facilities corresponding to their assigned state management scope for food safety.

2. Replace Appendix 6 of Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT with the corresponding appendix at Model No. 02 Part I of Appendix I promulgated together with this Circular.

Chapter XI
EXPORT AND IMPORT SECTOR

Article 19. Amend, supplement, and replace certain contents of Circular No. 22/2009/TT-BCT dated August 4, 2009, issued by the Minister of Industry and Trade on the transit of goods from the Lao People's Democratic Republic through the territory of the Socialist Republic of Vietnam.

1. Amend and supplement Point b Clause 1 Article 1 as follows:

“b. A request for permission to transit goods from the Minister of Industry and Trade of the Lao People's Democratic Republic (original copy).”

Based on the application for permission to transit submitted by the consignor, the Ministry of Industry and Trade seeks opinions from the Ministry of National Defense and the Ministry of Public Security.

On the basis of the opinions of the Ministry of National Defense and the Ministry of Public Security, the Ministry of Industry and Trade responds in writing so that the consignor is aware and can implement.

“4. The form of submission of the application specified in Clauses 1 and 2 of Article 1 of this Circular includes direct submission, submission via postal service, or online at the Ministry of Industry and Trade’s public service portal.”

“1. The Minister of Industry and Trade delegates to the Department of Import-Export to accept, review applications, and issue and extend transit permits as stipulated in Clause 2 of Article 1 and Article 2 of this Circular.”

"For other types of goods not falling within the cases prescribed in Article 1 of this Circular, when transiting through the border gates specified in Article 6 of the Agreement, the consignor or carrier only needs to handle customs procedures for the goods' transit at the customs office without requiring a transit permit."

Article 20. Amend, supplement, and replace certain contents of Circular No.27/2014/TT-BCTdated September 4, 2014, issued by the Minister of Industry and Trade on the transit of goods from the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam.

2. Amending and supplementing Article 7 as follows:

"1. For goods that are weapons, ammunition, explosives, and military equipment for security and defense purposes as stipulated in Clause 3, Article 4 of the Agreement, the consignor shall submit an Application for Permission to Transit Goods (in accordance with the form prescribed in Appendix I attached to Circular No. 24/2024/TT-BCT dated November 8, 2024, issued by the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 27/2014/TT-BCT dated September 4, 2014, issued by the Minister of Industry and Trade on the transit of goods from the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam) to the Ministry of Industry and Trade.

In cases where the dossier is incomplete or does not comply with regulations, within three working days from the date of receiving the dossier, the Ministry of Industry and Trade shall issue a document requesting the consignor to complete the dossier.

Within five working days from the date of receiving a complete and compliant dossier from the consignor, the Ministry of Industry and Trade shall issue a document seeking opinions from the Ministry of National Defense and the Ministry of Public Security.

Within five working days from the date of receiving the document seeking opinions from the Ministry of Industry and Trade, the Ministry of National Defense and the Ministry of Public Security shall issue a reply.

Within five working days from the date of receiving the opinions of the Ministry of National Defense and the Ministry of Public Security, the Ministry of Industry and Trade shall issue a reply to the consignor; in cases where approval is not granted, the reasons must be clearly stated."

1. Amend Clause 4, Article 1 as follows:

"4. Amend Article 15 as follows:

“Article 15. Implementation Organization

1. The Department of Import-Export shall accept and review the files prescribed in Clauses 1, 3, and 4, Article 3; Clause 4, Article 12 of this Circular and submit them to the leadership of the Ministry of Industry and Trade for consideration and decision.

2. The Minister of Industry and Trade delegates to the Department of Import-Export the authority to accept and review files and issue transit permits for goods as prescribed in Clause 2, Article 3 of this Circular.

2. Amend Clause 4, Article 2 as follows:

"Abolish the phrase 'Address: 12 Vo Van Kiet Street, District 1, Ho Chi Minh City, Vietnam' in Clause 2, Article 3."

3. Replace the phrase "Management Department for Import and Export in Ho Chi Minh City" with the phrase "[Issuing Authority]" in Appendix III and Appendix IV.

Article 22. Amend, supplement, and replace certain contents of Circular No. 11/2015/TT-BCT dated June 4, 2015, issued by the Minister of Industry and Trade regarding the transit of goods of the People's Republic of China through the territory of the Socialist Republic of Vietnam. 1. The Minister of Industry and Trade delegates to the Import-Export Department the authority to receive, examine, and issue transit permits for goods specified in Clause 2, Article 3 of this Circular (excluding industrial explosives).

“Article 5. Competence to process applications and form of application submission

b) Within five working days from the date of receipt of a complete and properly formatted application from the consignor, the Ministry of Industry and Trade shall issue a document seeking opinions from the Ministry of National Defense and the Ministry of Public Security. Within five working days from the date of receipt of the document seeking opinions from the Ministry of Industry and Trade, the Ministry of National Defense and the Ministry of Public Security shall issue their responses.

2. The Import-Export Department shall receive, examine applications for the transit of industrial explosives and submit them to the leadership of the Ministry of Industry and Trade for consideration and decision.

3. The forms of application submission prescribed in Clause 2, Article 3, Article 13, Article 14, and Article 15 of this Circular include direct submission, through postal services, or online via the Ministry of Industry and Trade's public service portal.

2. Amend and supplement Clause 2 of Article 6 as follows:

“2. For the procedure of issuing transit permits for industrial explosives, the procedures and time limits for processing applications are as follows:

a) In cases where the application is incomplete or does not comply with regulations, within three working days from the date of receipt of the application, the Ministry of Industry and Trade shall issue a written request for the applicant to complete the application.

Article 23. Supplement and replace certain contents of Circular No. 37/2013/TT-BCT dated December 30, 2013, issued by the Minister of Industry and Trade regarding the importation of cigarettes and cigars.

c) Within five working days from the date of receiving comments from the Ministry of National Defense and the Ministry of Public Security, the Ministry of Industry and Trade shall issue a written response to the applicant, specifying the reasons if the application is not approved.”

“1. The Import-Export Department under the Ministry of Industry and Trade shall issue transit permits for goods as prescribed in Clause 1 of Article 6 of this Circular.”

"1a. The Minister of Industry and Trade delegates to the People's Committee of the province where the trader has its principal office the authority to receive, examine, and confirm or reject applications for automatic cigarette and cigar imports." Article 24. Amend and supplement certain provisions of Circular No. 07/2019/TT-BCT dated June 20, 2019, issued by the Minister of Industry and Trade regarding the export of textile and garment products to Mexico under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

1. Add Clause 1a to Article 9 as follows:

"1. The issuing body of Certificate of Origin (C/O) model CPTPP shall issue Export Certificates for textile and garment product shipments exported to Mexico in cases specified at point a and point c, Clause 3, Article 4 of this Circular. The Export Certificate is valid for the year it is issued."

2. Replace the phrase "Import-Export Department under the Ministry of Industry and Trade" with "Issuing Authority" in Articles 8, 9, 10, and Appendix II.

a) In case of meeting the conditions for issuance of an Export Certificate, the issuing body shall notify the trader via the electronic system and send the Export Certificate by post or deliver it directly according to the trader's registration on the electronic system within two working days from the date of notification of acceptance for issuance of the Export Certificate.

1. Amend Clause 1 of Article 6 as follows:

b) In case of non-issuance of an Export Certificate, the issuing body shall notify the trader via the electronic system and specify the reasons. For applications requiring supplementation or amendment, the deadline for submitting supplementary or amended documents is two working days from the date the trader receives the notification; beyond this period, the application will be automatically canceled on the electronic system."

2. Amend Article 7 as follows:

“Article 7. Issuing Authority for Export Certificates

The Issuing Authority for Export Certificates is the authorities and organizations that issue CPTPP certificates of origin.

3. Amend Clause 3 of Article 8 as follows:

“3. Within eight hours from the date of receipt of a complete application, the Issuing Authority shall notify the result of the examination of the application on the electronic system as follows:

Article 25. Amend and supplement certain provisions of Circular No. 28/2009/TT-BCT dated September 28, 2009, issued by the Minister of Industry and Trade regarding the confirmation of tariff quotas for the import of natural honey into Japan under the Economic Partnership Agreement between the Socialist Republic of Vietnam and Japan.

Article 26. Amend and supplement certain provisions of Circular No. 28/2012/TT-BCT dated September 27, 2012, issued by the Minister of Industry and Trade detailing the procedures for registering export rights and import rights for foreign traders without presence in Vietnam.

1. Replace the phrase "Ministry of Industry and Trade (Department of Import-Export)" specified in Clause 1, Article 4 with the phrase "licensing authority".

1. Amend Article 3 as follows:

“Article 3. Authority to issue Tariff Quota Certificate

The authority issuing the Tariff Quota Certificate at the request of the exporter shall be the licensing authority where the exporting trader's main office is located.

2. Amending Article 4 as follows:

“Article 4. Content of the Tariff Quota Certificate

1. The Tariff Quota Certificate shall be printed on white A4 paper, in English, and shall include the following minimum information:

a) Reference number;

b) Name and address of the exporter;

c) Name and address of the importer;

d) Description of goods;

đ) HS Code;

e) Quantity (with specific unit of measurement indicated);

g) Validity period of the Tariff Quota Certificate (effective date/expiry date);

h) Confirmation by the licensing authority where the exporting trader's main office is located.

2. The model of the Tariff Quota Certificate is specified in Appendix 1 of this Circular.

3. Replace Appendix 3 of Circular No. 28/2009/TT-BCT with the corresponding appendix at Form No. 01, Part IV of Appendix 1 issued together with this Circular.

1. The Provincial People's Committee shall implement the issuance, reissuance, amendment, supplementation, extension, and revocation of Certificates of Registration for Export Rights and Import Rights for traders without presence in accordance with Clause 1, Article 6 of Decree No. 90/2007/NĐ-CP and the guidance provided in this Circular.

2. The Certificate of Registration for Export Rights and Import Rights issued to traders without presence shall be prepared in three copies: one copy sent to the trader without presence; one copy retained by the licensing authority; and one copy sent to the Customs Office for coordinated management."

2. Replace the phrase "Ministry of Industry and Trade" stipulated in Clause 2, Article 9 with the phrase "licensing authority".

3. Replace the phrase "Department of Import and Export, Ministry of Industry and Trade" stipulated in Clause 1, Article 12 with the phrase "licensing authority".

4. Replace the phrase "Ministry of Industry and Trade" stipulated in Clause 2, Article 12 with the phrase "licensing authority".

5. Amend Article 13 as follows:

“Article 13. Responsibility for Implementation

a) Replace the phrase "Ministry of Industry and Trade" with the phrase "People's Committee of the province, centrally governed city …" at

b) Replace the phrase "Ministry of Industry and Trade" with the phrase "People's Committee of the province, centrally governed city …" and replace the phrase "Minister of Industry and Trade" with the phrase "Chairman of the People's Committee of the province, centrally governed city …" at

6. Replace the phrase "Ministry of Industry and Trade" in Forms MD-1, MD-2, MD-3, MD-4, MD-5, TB, BC in Appendix I with the phrase "Licensing Authority".

7. Amend some contents in Appendix II as follows:

a) Replace the phrase “Ministry of Industry and Trade” with the phrase “People's Committee of the province, centrally governed city …” at Cover page.

b) Replace the phrase “Ministry of Industry and Trade” with the phrase “People's Committee of the province, centrally governed city …” and replace the phrase “Minister of Industry and Trade” with the phrase “Chairman of the People's Committee of the province, centrally governed city …” at First page.

c) Replace the phrase "Ministry of Industry and Trade" with the phrase "licensing authority" and replace the phrase "General Department of Customs" with the phrase "Customs authority" on Second page.

Article 27. Amend, supplement, and replace some contents of Circular No. 12/2018/TT-BCT dated June 15, 2018, issued by the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018, issued by the Government detailing certain provisions of the Law on Foreign Trade Management.

1. Amend Clause 3 of Article 7 as follows:

“3. The model of the periodic report on the situation of temporary importation for re-export of goods to implement the provision at Clause 5, Article 31 of Decree No. 69/2018/NĐ-CP shall be provided in Appendix VIII attached to this Circular.”

2. Replace the phrase "Ministry of Industry and Trade (Export-Import Department)" with "[License Issuing Authority]" in Appendices IV, V, VI, and VIII.

3. Replace the phrase "People's Committee of province, city, or Ministry of Industry and Trade" with "[License Issuing Authority]" in Appendix VII.

4. Replace the phrase "License issued by the Ministry of Industry and Trade" with "License issued by [License Issuing Authority]" in Appendix VIII.

5. Replace Appendix IX of Circular No. 12/2018/TT-BCT with the corresponding appendix at Model No. 02 Section IV of Appendix I attached herewith.

Chapter XII
LOCAL INDUSTRY FIELD

1. Amend and supplement Point a of Clause 1 of Article 3 as follows:

“a) Commune level is the level of selection conducted within the commune, ward, or special zone, organized and implemented by the People's Committee of the commune in coordination with relevant units.”

2. Amend and supplement Clause 2 of Article 6 as follows:

“2. Selection can be organized at four levels: commune, provincial, regional, and national.”

3. Amend and supplement Point a of Clause 1 of Article 8 as follows:

“a) The Selection Council at the commune level shall be established by the Chairman of the People's Committee of the commune.”

4. Amend and supplement the name of Clause 1 and Points a and b of Clause 1 of Article 9 as follows:

“1. The Selection Council at the commune level consists of five or seven members, including:

a) The Chairperson of the Council is a representative of the leadership of the People's Committee of the commune;

b) The Vice Chairman in charge of the Council is the representative of the specialized agency leader overseeing the industry and trade field under the People's Committee of the commune; other Vice Chairmen of the Council are decided by the Chairman of the People's Committee of the commune;"

5. Amend and supplement Clause 2 of Article 10 as follows:

“2. The village-level, provincial-level, and regional-level selection councils have the responsibility to select and compile lists of the most outstanding rural industrial products at their respective levels to propose and submit to the People's Committee of the commune, the People's Committee of the province, the Department of Innovation, Green Transition, and Rural Industry Promotion for approval to register participation in higher-level selections.”

6. Amend and supplement the name of Clause 1 of Article 12 as follows:

“1. Registration dossier for selection at the commune level:”

7. Amend and supplement Point d of Clause 2 of Article 12 as follows:

“d) In cases where village-level selection is not organized, the rural industrial entity with products registered for participation in provincial-level selection shall prepare one set of documents as stipulated in Clause 1 of this Article and send it to the People's Committee of the commune for review, and then issue a registration letter to participate in the provincial-level selection.”

8. Amend and supplement Clause 1 of Article 13 as follows:

“1. Village-level selection files shall be kept at the unit designated by the People's Committee of the commune; provincial-level selection files shall be kept at the Department of Industry and Trade; regional-level and national-level selection files shall be kept at the Department of Innovation, Green Transition, and Rural Industry Promotion.”

9. Amend and supplement Clause 1 of Article 14 as follows:

“1. Location and time of organization at the commune and provincial levels:

 a) Village-level and provincial-level selections are organized every two years. Other cases are determined by the competent authority;

b) Specific location and time for organizing the selection at the commune and provincial levels shall be carried out according to the guidance of the Selection Council at the commune and provincial levels, consistent with the overall plan approved by the competent authority.”

10. Amend and supplement Clause 3 of Article 15 as follows:

“3. Products selected shall be returned to the rural industrial entity. In cases where they are retained for display at trade fairs or exhibitions, or for display and promotion at village-level, provincial-level, regional-level, and national-level venues, such retention must be agreed upon by the owner of the rural industrial entity.”

11. Amend and supplement Clause 2 of Clause 4 of Article 17 as follows:

“2. Based on the selection results, the Selection Council shall submit the results to the Chairman of the People's Committee of the commune, the provincial-level People's Committee, the Director of the Department of Innovation, Green Transition, and Rural Industry Promotion, and the Minister of Industry and Trade for approval of the selection results, recognition, and issuance of certificates for outstanding rural industrial products according to the authority specified in this Circular. The selection results shall be notified to all rural industrial entities that participated in the selection.”

“4. The model of the certificate for outstanding rural industrial products shall be uniformly used from the commune to the national level as stipulated in Appendix 6 of this Circular.”

12. Amend and supplement Clause 1 of Article 19 as follows:

“1. The budget for organizing the selection of outstanding rural industrial products at the village and provincial levels shall be sourced from local industrial promotion funds, combined with other legitimate funding sources (if available). The level of support from local industrial promotion funds for organizing the selection and issuing certificates for outstanding rural industrial products at the village and provincial levels shall be regulated by the Provincial People's Council.”

13. Amend and supplement Point b of Clause 2 of Article 21 as follows:

“b) The amount of monetary reward from local industrial promotion funds for rural industrial entities whose products are recognized as outstanding rural industrial products at the village and provincial levels shall be regulated by the Provincial People's Committee.”

14. Amend and supplement Clause 2 of Article 22 as follows:

“2. Annually, report to the Department of Industry and Trade and the People's Committee of the commune where the selection was held about the support from industrial promotion, state policies, and business production status of the establishment.”

15. Amend and supplement Point b and Point h of Clause 2 of Article 23 as follows:

“b) Develop plans for selecting outstanding rural industrial products at the provincial level, submit them to the Provincial People's Committee for approval, and organize their implementation according to regulations. Guide and coordinate with the Commune People's Committees to develop plans and organize the selection of outstanding rural industrial products at the commune level.”

“h) Aggregate and monitor registration files for the selection of outstanding rural industrial products at the provincial level; establish and update electronic registration files for the selection of outstanding rural industrial products at the provincial level into the database of outstanding rural industrial products, and simultaneously submit registration for regional-level selection.”

16. Amend and supplement the name of Clause 3 and Points a, b, and d of Article 23 as follows:

"3. Responsibilities of the district People's Committee"

a) Develop plans and organize the selection of outstanding rural industrial products at the commune level in accordance with the approved overall plan; establish electronic registration files for the selection of outstanding rural industrial products at the commune level, update them into the database of outstanding rural industrial products, and simultaneously submit registration for provincial-level selection;

"b) Establish a Selection Council and approve decisions recognizing outstanding rural industrial products at the district level;"

"d) Approve lists of outstanding rural industrial products at the district level for registration to participate in the selection of outstanding rural industrial products at the provincial level."

17. Replace the term "Local Industry Bureau" and the term "Local Industry and Trade Bureau" with the term "Department of Innovation, Green Transition, and Rural Industry Promotion" in Circular No. 26/2014/TT-BCT dated August 28, 2014, issued by the Minister of Industry and Trade regarding the organization of the selection of outstanding rural industrial products. (amended and supplemented by Circular No. 14/2018/TT-BCT dated June 28, 2018, issued by the Minister of Industry and Trade), including all appendices and related forms attached thereto.

18. Replace the term "district level" with the term "commune level" in Appendix No. 1 and Form No. 1 of Appendix No. 6 attached to Circular No. 26/2014/TT-BCT dated August 28, 2014, issued by the Minister of Industry and Trade regarding the organization of the selection of outstanding rural industrial products. (amended and supplemented by Circular No. 14/2018/TT-BCT dated June 28, 2018, issued by the Minister of Industry and Trade).

Article 29. Amend and supplement certain contents of Circular No. 14/2024/TT-BCT dated August 15, 2024, issued by the Minister of Industry and Trade, detailing regulations on periodic reporting on industrial clusters, national industrial cluster databases, and some forms of documents related to the management and development of industrial clusters.

Replace the term "Local Industry Department" with the term "Department for Innovation, Green Transition, and Promoting Industries" and replace the term "district level" with the term "commune level" in Circular No. 14/2024/TT-BCT including Appendix I, Appendix II, and the tables and forms attached thereto.

Chapter XIII
FIELD OF TOBACCO PRODUCTS BUSINESS

Article 30. Amend and supplement certain articles of Circular No. 57/2018/TT-BCT dated December 26, 2018, issued by the Minister of Industry and Trade, detailing certain provisions of Decrees related to tobacco products business.

"1. The Industry Department, within its functions and responsibilities, shall take the lead and coordinate with units under the Ministry to perform the following tasks:"

"a) Organize the receipt of applications, inspection, supervision, examination, and submission to the Ministry's leadership for approval of investment policies for tobacco product production, Tobacco Production Licenses;"

"b) Develop inspection plans and organize guidance and inspections of organizations and individuals implementing regulations stipulated in Decree No. 67/2013/NĐ-CP and subsequent Decrees amending and supplementing this Decree;"

"c) Organize the receipt of applications, inspection, supervision, examination, and submission to the Ministry's leadership for approval of policies concerning other activities related to tobacco products business as prescribed."

"5. The People's Committee at the commune level shall be responsible for:

"a) Organizing the receipt of applications, inspection, examination, issuance, reissuance, amendment, supplementation, and revocation of Retail Sales Licenses for tobacco products within their jurisdiction as stipulated in this Circular;"

"3. The Domestic Market Management and Development Department, within its functions and tasks, shall take the lead in coordinating with relevant units to organize inspections of organizations and individuals related to compliance with the provisions of Decree No. 67/2013/NĐ-CP and other amended and supplemented Decrees, this Circular, and other relevant laws."

"6. The People's Committee at the provincial level shall be responsible for organizing the acceptance of files, inspection, supervision, evaluation, and responding to enterprises regarding procedures: Issuing, reissuing, amending and supplementing Licenses for tobacco leaf processing; Importing tobacco leaves for non-commercial purposes; Approving investment in modernizing equipment and technology, production of tobacco for export, contract manufacturing of tobacco for export, relocation according to planning; Processing tobacco leaf raw materials; Approving importation of tobacco leaf raw materials for processing tobacco leaf raw materials for export or contract manufacturing of tobacco leaf raw materials for export; Approving importation of tobacco leaf raw materials and cigarette paper for producing tobacco products for export or contract manufacturing of tobacco products for export; Importing machinery and equipment specialized for the tobacco industry; Notifying import quotas for tobacco leaf raw materials and cigarette paper; Issuing, reissuing, amending and supplementing Licenses for distributing tobacco products."

5. Replace Appendices 13, 31, 39, 19, 20, 23, 24, 42, 43, 46, 47, 48, 49, 52, 53, 58, and 69 of Circular No. 57/2018/TT-BCT with corresponding appendices at Model Nos. 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, and 18 in Part II of Appendix I issued together with this Circular.

6. Amend the phrases "Ministry of Industry and Trade" in Article 3 to "Provincial People's Committee".

Article 31. Amend, supplement, and replace certain contents of Circular No. 43/2023/TT-BCT issued by the Minister of Industry and Trade, amending and supplementing certain articles of Circular No. 57/2018/TT-BCT dated December 26, 2018, issued by the Ministry of Industry and Trade, detailing certain provisions of Decrees related to tobacco products business.

"2. Clause 9 of Article 13 shall be amended as follows:

9. Annually, every six months, suppliers of tobacco products must submit statistical reports on production volume and types of tobacco products sold (by distribution system, wholesale, retail) of their own units to the Domestic Market Management and Development Department under the Ministry of Industry and Trade and the Department of Industry and Trade where the enterprise's headquarters is located (before January 10 each year for annual reports and before July 10 each year for mid-year reports) in accordance with the model of Appendices 8 and 9 attached to this Circular.

2. Replace the terms "Industry Department, Ministry of Industry and Trade," "Industry Department - Ministry of Industry and Trade," and "Ministry of Industry and Trade" in Article 3 and in Appendices 1, 2, 3, 4, 5, and 6 with the term "Competent State Management Authority."

3. Replace Annexes 8, 9, 10 of Circular No. 43/2023/TT-BCT with corresponding annexes at Model Nos. 19, 20, 01 part II of Annex I promulgated together with this Circular.

Documents requesting permission to produce foreign-branded tobacco products for sale in Vietnam, documents requesting approval for foreign investment in joint ventures for producing tobacco products, documents requesting approval for trademark licensing contracts for producing tobacco products, documents requesting sales, exports, re-exports, liquidation of machinery and equipment specialized for the tobacco industry by tobacco product manufacturing and tobacco leaf processing enterprises, documents requesting leasing, borrowing, transferring machinery and equipment specialized for the tobacco industry by tobacco product manufacturing enterprises with excess capacity or transferring production capacity of tobacco products by enterprises specified in Point 1 of Part I, Point 1 of Part II, Point 1 of Part III, Subpoint a of Point 1 of Part X, and Part XIV Section B of Appendix V promulgated. together with Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government according to Model No. 01 in Annex II promulgated together with this Circular.

Chapter XIV
FIELD OF INTERNATIONAL TRADE

Article 33. Amend and supplement some articles of Circular No. 11/2016/TT-BCT dated July 5, 2016, issued by the Minister of Industry and Trade detailing Decree No.07/2016/NĐ-CP dated January 25, 2016, of the Government detailing the Law on Commerce regarding Representative Offices and Branches of Foreign Trading Enterprises in Vietnam (hereinafter referred to as Circular No. 11/2016/TT-BCT).the Commercial Law regarding Representative Office, Branch of foreign traders in Vietnam (abbreviated as Circular No. 11/2016/TT-BCT)

1. Amend and supplement Article 4 as follows:

“Article 4. Organization of Implementation

1. The People's Committee of the province shall be the lead unit responsible for receiving, processing applications for issuance, reissuance, adjustment, extension, and termination of Branch establishment licenses according to Article 6 of Decree No. 07/2016/NĐ-CP; it shall also be responsible for monitoring, urging, and inspecting the implementation of this Circular.

2. The Department of E-commerce and Digital Economy under the Ministry of Industry and Trade shall be responsible for establishing, managing, operating, and maintaining the database on Representative Offices and Branches of foreign trading enterprises in Vietnam on the Ministry’s website at www.moit.gov.vn.

3. The issuing authority of Representative Office establishment licenses and Branch establishment licenses shall be responsible for updating relevant information into the database specified in Clause 2 of this Article within fifteen days from the date of issuance, reissuance, adjustment, extension, and revocation of such licenses. 4. The authority issuing licenses for Representative Offices and Branches is responsible for updating information about administrative violations handled against Representative Offices and Branches into the database specified in Clause 2 of this Article after a decision on administrative penalties for violations committed by Representative Offices and Branches has been made.

4. The agency issuing the License for Establishing Representative Office, License for Establishing Branch shall be responsible for updating information on administrative penalties against Representative Office, Branch into the database prescribed in Clause 2 of this Article after the decision on administrative penalty against the violation by Representative Office, Branch has been issued.

4. The issuing authority of Representative Office establishment licenses and Branch establishment licenses shall be responsible for updating information about administrative violations of Representative Offices and Branches into the database specified in Clause 2 of this Article after making decisions to impose administrative penalties for violations committed by Representative Offices and Branches.

"3. During the implementation process, if any difficulties arise, organizations and individuals involved should report to the Ministry of Industry and Trade for timely guidance and resolution."

3. Amend, supplement, and replace the content of some forms issued together with Circular No. 11/2016/TT-BCT as follows:

Replace the phrase "Ministry of Industry and Trade" in Models MD-5, MD-6, MD-7, MD-8, GP-2, BC-2 with "People's Committee of the Province".

a) Replace the phrase “Ministry of Industry and Trade” in Models MD-5, MD-6, MD-7, MD-8, GP-2, BC-2 with “People's Committee of the province”.

Add the legal basis for issuing Licenses in…”.

5. Annually, before February 28, the People's Committee of the province shall be responsible for reporting to the Ministry of Industry and Trade on the situation of issuance, reissuance, adjustment, extension, revocation of Branch establishment licenses, and termination of Branch operations in the locality.

a) Replace the phrase "Ministry of Industry and Trade" in Forms MD-5, MD-6, MD-7, MD-8, GP-2, BC-2 with "People's Committee of the Province".

Article 34. Supplement the form at Appendix issued together with Circular No. 11/2016/TT-BCT.

c) Supplement the legal basis for issuing licenses in Form GP-2:

Chapter XV
"On the basis of Circular No. 03/2024/TT-BCT dated January 30, 2024, issued by the Ministry of Industry and Trade amending and supplementing certain provisions of Circulars of the Minister of Industry and Trade in the fields of franchising, representative offices, and branches of foreign trading enterprises, trade activities, and other activities directly related to trade of foreign service providers."

Add Form BC-4, which is a report on the issuance, reissuance, adjustment, extension, and revocation of Branch establishment licenses of foreign trading enterprises implemented by the People's Committee of the province and reported to the Ministry of Industry and Trade, into the Appendix of Circular No. 11/2016/TT-BCT according to the corresponding model stipulated in Part II of Appendix II promulgated together with this Circular.Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on managing direct selling activities (amended and supplemented by Circular No. 12/2023/TT-BCT)

1. Amending and supplementing Clause 1 of Article 5 as follows:

FIELD OF CONSUMER RIGHTS PROTECTION

Article 35. Amend and supplement some articles of Circular No. 10/2018/TT-BCT dated May 24, 2018, detailing some provisions of Decree No.

b) Plan the time, location, and method of the test.

c) Announce the test plan.

d) Organize the test.

đ) Evaluate the test results.

e) Announce the test results."

2. Amend and supplement Article 8 as follows:

“Article 8. Revocation of Confirmation of Knowledge on Direct Selling Laws and Confirmation of Knowledge for Local Contacts

1. The People's Committee of the province shall revoke the confirmation of knowledge on direct selling laws and confirmation of knowledge for local contacts in the following cases:

a) Discovery of false information in the registration form for examination of those who have been granted confirmation;

b) Multi-level marketing enterprises ceasing their multi-level marketing activities;

40/2018/NĐ-CP dated March 12, 2018, of the Government on the management of multi-level marketing business activities (amended and supplemented by Circular No. 12/2023/TT-BCT).

2. Procedures and formalities for revoking confirmation of knowledge on direct selling laws and confirmation of knowledge for local contacts:

a) Within ten working days from the occurrence of cases stipulated in Clause 1 of this Article, the provincial People's Committee shall issue and send the decision to revoke the confirmation of knowledge of direct selling laws or the confirmation of knowledge for local contacts to the enterprise. The confirmation of knowledge of direct selling laws or the confirmation of knowledge for local contacts ceases to be effective from the date the provincial People's Committee issues the Decision to Revoke.

1. The People's Committee of the province shall organize or delegate in writing to training institutions for knowledge of direct selling laws to conduct a knowledge test on direct selling laws and for local key contacts according to the following procedure:

Chapter XVI
a) Verify the completeness and validity of the application forms for the knowledge test on direct selling laws according to Clause 1 of Article 39 of Decree No. 40/2018/NĐ-CP, amended and supplemented by Clause 28 of Article 1 of Decree No. 18/2023/NĐ-CP.

Article 36. Amending Article 10 of Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Minister of Industry and Trade on the management of electronic commerce websites

“Article 10. Confirmation of notification

c) If the person who has been granted a certificate of knowledge of direct selling laws terminates their employment contract or training contract, or if the person who has been granted a certificate of knowledge for local key contacts terminates their role as a local key contact with a direct selling company, the direct selling company shall notify the organization that conducted the examination within two working days from the date of termination of the relationship as a local key contact or the training contract with the person who has been granted a certificate of knowledge of direct selling laws or knowledge for local key contacts.

Chapter XVII
IMPLEMENTATION

Article 37. Implementation clauses

1. This Circular takes effect from July 1, 2025.

2. Accompanying this Circular are new forms replacing those in administrative procedures listed in Appendix I, and new forms prescribed in administrative procedures listed in Appendix II.

3. Transitional Provisions

a) Within ten working days from the occurrence of the cases specified in Clause 1 of this Article, the People's Committee of the province shall issue and send a decision to revoke the certificate of knowledge of direct selling laws or the certificate of knowledge for local key contacts to the company. The certificate of knowledge of direct selling laws or the certificate of knowledge for local key contacts shall cease to be effective from the date the People's Committee of the province issues the Decision to Revoke.

4. This Circular abolishes:

b) The People's Committee of the province shall be responsible for publishing on the website of the organization that conducted the examination the revocation of the certificate of knowledge of direct selling laws or the certificate of knowledge for local key contacts of each direct selling company.

b) The phrase "Department of Science and Technology" in Point a, Clause 4, Article 11; the phrase "Department of Industry and Trade" in Note (5) of Model 01, Note (7) of Model 02 Appendix IV of Circular No. 23/2024/TT-BCT dated November 7, 2024 issued by the Minister of Industry and Trade to regulate the management and use of industrial explosives and explosive precursors under the jurisdiction of the Ministry of Industry and Trade;

c) Appendix I promulgated with Circular No. 40/2018/TT-BCT dated October 30, 2018, issued by the Minister of Industry and Trade on the construction and content of safety management documents in oil and gas activities;

d) Article 17 of Circular No. 36/2019/TT-BCT dated November 29, 2019 issued by the Minister of Industry and Trade to regulate the quality management of products and goods under the responsibility of the Ministry of Industry and Trade;

đ) The phrase "by postal service" in the content of Circular No. 11/2015/TT-BCT dated June 4, 2015 issued by the Minister of Industry and Trade to regulate the transit of goods from the People's Republic of China through the territory of the Socialist Republic of Vietnam;

e) Clause 2, Article 21 of Circular No. 57/2018/TT-BCT dated December 26, 2018, issued by the Minister of Industry and Trade detailing certain provisions of Decrees related to tobacco business;

g) Article 2 of Circular No. 43/2023/TT-BCT issued by the Minister of Industry and Trade amending and supplementing some articles of Circular No. 57/2018/TT-BCT dated December 26, 2018 issued by the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco trade;

h) Appendices 11, 12, 13, 14, 15 promulgated together with Circular No. 43/2023/TT-BCT issued by the Minister of Industry and Trade amending and supplementing some articles of Circular No. 57/2018/TT-BCT dated December 26, 2018 issued by the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco trade;

i) Clause 1, Clause 2, Article 18 of Circular No. 02/2025/TT-BCT dated February 1, 2025, issued by the Minister of Industry and Trade on the protection of power engineering works and safety in the power sector;

k) Clause 2, Article 12 of Circular No. 47/2014/TT-BCT dated December 5, 2014, issued by the Minister of Industry and Trade on the management of electronic commerce websites.

l) Clause 2, Article 11 of Circular No. 59/2015/TT-BCT dated December 31, 2015, issued by the Minister of Industry and Trade, stipulates the management of e-commerce activities through applications on mobile devices;

m) Appendix V promulgated together with Circular No. 07/2019/TT-BCT dated June 20, 2019 issued by the Minister of Industry and Trade regulating the export of textile and garment products to Mexico under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

n) Clause 2, Article 5, Clause 3, Article 6 of Circular No. 12/2018/TT-BCT dated June 15, 2018 issued by the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 issued by the Government detailing certain provisions of the Law on Foreign Trade Management;

o) Article 15 of Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade, stipulates the quality management of products and goods under the responsibility of the Ministry of Industry and Trade;

p) Clause 2, Article 5, Clause 3, Article 6, Clause 4, Article 7, Clause 2, Article 8 of Circular No. 12/2018/TT-BCT dated June 15, 2018 issued by the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 issued by the Government detailing certain provisions of the Law on Foreign Trade Management./.