Circular No. 04/2016/TT-BCT dated June 06, 2016 of the Ministry of Industry and Trade amending and supplementing a number of Circulars of the Minister of Industry and Trade on administrative procedures in the field of digital, chemicals, wine production and wine trading, commercial franchising, goods purchase and sale through the goods exchange, energy, food safety and electricity

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 04/2016/TT-BCT dated June 06, 2016 of the Ministry of Industry and Trade amending and supplementing a number of Circulars of the Minister of Industry and Trade on administrative procedures in the field of digital, chemicals, wine production and wine trading, commercial franchising, goods purchase and sale through the goods exchange, energy, food safety and electricity

Pursuant to the Decree No. 95/2012/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Decree No. 63/2010/ND-CP dated June 08, 2010 of the Government on controlling administrative procedures.

Pursuant to the Decree No. 48/2013/ND-CP dated May 14, 2013, amending and supplementing a number of articles of the Decrees concerning control of administrative procedures;

Pursuant to the Directive No. 17/CT-TTg dated June 20, 2014 of the Prime Minister on a number of measures to adjust the submission of certified copies for papers, documents when processing administrative procedures.

At the proposal of the Director of Legal Affairs Department;

Minister of Industry and Trade promulgates the Circular amending and supplementing a number of Circulars issued by the Minister of Industry and Trade in the field of digital, chemicals, wine production and wine trading, commercial franchising, goods purchase and sale through the goods exchange, energy, food safety and electricity;

Article 1.To annul the Circular No. 09/2011/TT-BCT dated March 30, 2011 of the Minister of Industry and Trade providing for the management and use of digital signatures.

Article 2.To annul, amend and supplement a number of articles of the Circular No. 28/2010/TT-BCT of June 28, 2010, specifying a number of articles of the Law on Chemicals and the Government’s Decree No. 108/2008/ND-CP of October 7, 2008, detailing and guiding a number of articles of the Law on Chemicals.

1. To annual Point c Clause 2 Article 9.

2. To annul Point c Clause 2 Article 10.

3.To annul Point d Clause 2 Article 18.

4. To amend, supplement Point dd Clause 1 Article 9; Point c Clause 1 Article 10; Point dd Clause 1 Article 17; Point c Clause 1 Article 18 as follows:

“Copies of notifications sent tofire prevention and fighting departments onsafety conditions on fire prevention and fighting.”

5. To amend, supplement Clause 2 Article 14 as follows:

“Within 12 days since the full receipt of documents as stipulated under Article 9, Article 10, Article 11 and within 7 days since the full receipt of documents as stipulated under Article 12 and Article 13 of this Circular, the Department of Industry and Trade shall consider and appraise and issue the certification according to the Form under Appendix 6 attached together with this Circular.

If refusal, the Department of Industry and Trade shall reply in writing and clearly mention the reasons for refusal.”

6. To amend the form “valid copies” as stipulated under Point b,c,d Clause 1 of Article 9; Point b Clause 1 Article 10; Clause 2 Article 11; Point b Clause 1 Article 13, Point b Clause 2 Article 13; Point b, c, d Clause 1 Article 17, Point b Clause 3 Article 17, Point b Clause 1 Article 18; Point b Clause 3 Article 18; Clause 2, Clause 5 Article 19; Point b Clause1 Article 21; Point b Clause 2 Article 21 as follows:

“Copies from the original book or certified copies or present the original book for contrast.”

Individuals, organizations processing administrative procedures can select one of three above form of copy submission.

Article 3. To amend, supplement a number of Articles of the Circular No. 42/2013/TT- BCT dated December 31, 2013 of the Minister of Industry and Trade providing for the management and control of precursor substances in industrial area.

1. To amend, supplement Clause 2 Article 9 as follows:

“2. Department of Chemicals (Ministry of Industry and Trade) is the agency that is competent to issue the license for import, export of precursor substances in industrial area.

3. To amend, supplement Point b Clause 3 Article 10 as follows:

“b. Within 7 working days since the full receipt of the valid dossiers as stipulated under Clause 1 of this Article, the Department of Chemicals shall appraise the dossier and grant the license for import and export. If refusal, it should reply in writing and clearly mention the reasons for refusal.”

4.To amend, supplement Clause 1 Article 12 as follows:

“1. If the license for import and export is expired as stipulated under Article 11 of this Circular, but import and export haven’t been processed yet or haven’t been finished yet, organizations and individuals shall recommend to the Department of Chemicals for extension.”

5. To amend, supplement Clause 2 Article 12 as follows:

“2. Organizations, individuals proposing for extension of the License for import and export of precursor substances shall directly submit the dossier to the Department of Chemicals or send by post or online.”

6. To amend, supplement Point b Clause 4 Article 12 as follows:

“b. Within 5 working days since the full receipt of valid dossiers as stipulated under Clause 3 of this Article, the Department of Chemicals shall appraise the dossier and grant the extended license for import and export. If refusal, reasons must be clearly mentioned.”

Article 4. To annul a number of articles of the Circular No. 29/2014/TT-BCT dated September 30, 3014 of the Minister of Industry and Trade detailing and providing guidance on the implementation of a number of articles of inorganic fertilizers, providing guidance on licensing to manufacture inorganic fertilizers, organic fertilizers and other fertilizers in the Government s Decree 202/2013/ND-CP dated December 27, 2013 on fertilizer management

1. To annul Clause 5 Article 5.

2. To annul Point k Clause 1 Article 6.

3. To annul the section: “Commercial name” under Article 2 List of inorganic fertilizers under Appendix 4, Appendix 7, Appendix 9, Appendix 12.

Article 5.To annul, amend and supplement a number of articles of the Circular No. 60/2014/TT-BCT dated December 27, 2014 of the Minister of Industry and Trade detailing a number of articles of the Government s Decree No. 94/2012/ND-CP dated November 12, 2012 on wine production and wine trading

1. To annual Point a Clause 4 Article 10

2. To annual Point a Clause 4 Article 11.

3. To amend, supplement Point b Clause 4 Article 19 as follows:

“b. The report on organizing the sale of goods, management mode of distribution system”

4. To amend, supplement Clause 7 Article 10; Clause 7 Article 11; Clause 5 Article 12 as follows:

“Copies of receipt of written publication of regulation conformity or copies of written certification of publication of conformity with food safety regulations”

5. To amend, supplement Point b Clause 4 Article 11 as follows:

“b. The report on modes of organizing the sale of goods, modes of management of wholesale system”

Article 6. To amend, supplement regulations on copies under the Circular No. 09/2006/TT-BTM dated May 25, 2006 of the Ministry of Trade guiding the commercial franchising registration

To amend, supplement “certified copies” as stipulated under Point c, d Clause 2 of Section II as follows:

“Copies from the original book or certified copies or copies presenting together with the original papers for contrast

Individuals, organizations processing administrative procedures shall select to submit one of the three above forms.”

Article 7. To amend, supplement regulations on copies under Circular No. 03/2009/TT-BCT dated February 10, 2009 of the Ministry of Industry and Trade guiding dossiers, orders, procedures on granting the license for establishment and regulating on reporting regime of the goods exchange according to the Decree No. 158/2006/ND-CP dated December 28, 2006of the Government detailing the implementation of the commercial law regarding goods purchase and sale through the goods exchange

To amend, supplement “certified copies” as stipulated under Point c, d Clause 1 Section I; Point c Clause 3 Section I as follows:

“Copies from the original book or certified copies or copies presenting together with the original papers for contrast

Individuals, organizations processing administrative procedures shall select to submit one of the three above forms.”

Article 8. To amend, supplement copies under Circular No. 07/2012/TT-BCT dated April 04, 2012 of the Minister of Industry and Trade defining the energy labeling for means and equipment using energy

To amend, supplement “certified copies” as stipulated under Point b Clause 2 Article 8 as follows:

“Copies from the original book or certified copies or copies presenting together with the original papers for contrast

Individuals, organizations processing administrative procedures shall select to submit one of the three above forms.”

Article 9. To amend, supplement regulations on copies under the Circular No. 40/2012/TT-BCT dated December 21, 2012 of the Ministry of Industry and Trade on issuance of the food advertisement content certification under the management of the Ministry of Industry and Trade

To amend, supplement “certified copies” as stipulated under Point b, c, d Clause 1 Article 8 as follows:

“Copies from the original book or certified copies or copies presenting together with the original papers for contrast

Individuals, organizations processing administrative procedures shall select to submit one of the three above forms.”

Article 10. To amend, supplement regulations on copies under the Circular No. 27/2013/TT-BCT dated October 31, 2013 of the Minister of Industry and Trade providing for inspection of electricity activities, electricity use and settlement of dispute over electricity sale contract.

To amend, supplement “certified copies” as stipulated under Point c Clause 1 Article 12; Point c Clause 3 Article 26 as follows:

“Copies from the original book or certified copies or copies presenting together with the original papers for contrast

Individuals, organizations processing administrative procedures shall select to submit one of the three above forms.”

Article 11. To amend, supplement regulations on copies under the Circular No. 47/2014/TT-BCT dated December 05, 2014 of the Minister of Industry and Trade onthe management of e-commerce websites

To amend, supplement “certified copies” as stipulated under Clause 2 Article 14; Clause 2 Article 22 as follows:

“Copies from the original book or certified copies or copies presenting together with the original papers for contrast

Individuals, organizations processing administrative procedures shall select to submit one of the three above forms.”

Article 12. Effect

This Circular takes effect on July 20, 2016. In the course of implementation, any arising problems should be promptly reported to the Ministry of Industry and Trade for consideration and settlement./.

For Minister

The Deputy Minister

Tran Tuan Anh