Circular 13/2020/TT-BCT amending some regulations on business conditions

CIRCULAR

On amending, supplementing and repealing some regulations on business conditions under the management of the Ministry of Industry and Trade

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Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 17/2020/ND-CP dated January 15, 2018 on amending and supplementing a number of articles of the Decrees related to business conditions under state management of the Ministry of Industry and Trade;

At the proposal of the Director General of the Legal Department;

The Minister of Industry and Trade hereby promulgates the Circular on amending, supplementing and repealing some regulations on business conditions under the management of the Ministry of Industry and Trade.

Chapter I

FOOD TRADING SECTOR

Article 1. To supplement and annul a number of articles and clauses of the Circular No. 43/2018/TT-BCT dated November 15, 2018 of the Minister of Industry and Trade on providing food safety management under the responsibility of the Ministry of Industry and Trade

1. To annul Article 4 and Article 5.

2. To annul Forms No. 01a, 01b, 02a, 02b, 3a, 3b, 04, 05a, 05b and 05c provided in the Appendix attached to the Circular No. 43/2018/TT-BCT.

3. To add Clause 4, Article 6 as follows:

“4. The establishment owner shall grant a certificate of training in food safety knowledge according to Form No. 01 and Form No. 02 provided in the Appendix I attached to this Circular”.

Article 2. To annul some contents prescribed in Article 9 of the Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated April 09, 2014 of the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade on providing guidance on allocation of tasks and cooperation among regulatory agencies in food safety management

To annul the following contents: “The Department of Science and Technology - The Ministry of Industry and Trade shall advise the Minister of Industry and Trade on appointing the agencies and units specialized in the food industry to verify knowledge of food safety.”

Chapter II

CHEMICAL SECTOR

Article 3. To amend and annul a number of articles and clauses of the Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade on detailing and guiding the implementation of a number of articles of the Government’s Decree No. 38/2014/ND-CP dated May 06, 2014 on management of chemicals under control by the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction

1. To amend Clause 1, Article 6 as follows:

“A copy of the enterprise registration certificate or investment certificate or business registration certificate.”

2. To annul Clauses 3, 5 and 6, Article 6.

3. To annul Form 2 provided in the Appendix attached to the Circular.

Article 4. To annul a number of articles and clauses of the Circular No. 48/2015/TT-BCT dated November 21, 2018 of the Minister of Industry and Trade on amending a number of articles of the Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade on detailing and guiding the implementation of a number of articles of the Government’s Decree No. 38/2014/ND-CP dated May 06, 2014 on management of chemicals under control by the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction

1. To annul Clause 1, Article 1.

2. To annul Clauses 1 and 2, Article 2.

Chapter III

MINERAL TRADING SECTOR

Article 5. To amend and annul a number of articles and clauses of the Circular No. 12/2016/TT-BCT dated July 05, 2016 of the Minister of Industry and Trade on amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 41/2012/TT-BCT of December 21, 2012, providing the export of minerals

1. To amend Clause 1, Article 1 as follows:

“This Circular provides the list and quality standards of exported minerals.”

2. To amend Clause 5, Article 1 as follows:

“Article 7. Reports on export of minerals

1. The contents of a report on export of minerals must comply with Forms No. 01 and No. 02 provided in the Appendix 2 attached to this Circular.

2. The export of minerals shall be reported as follows:

a) A trader which exports minerals in a quarter shall make a report according to Form No. 01 provided in the Appendix 2 and send it to the Ministry of Industry and Trade (the Industry Agency) and the provincial-level Department of Industry and Trade and Customs Department of the locality where the trader is headquartered on the fifteenth day of the first month of the subsequent quarter at the latest.

b) The provincial-level People’s Committee in a locality where mineral exporters are operating shall make general biannual and annual reports according to Form No. 02 provided in the Appendix 2 and send them to the Ministry of Industry and Trade (the Industry Agency) on July 31 and January 31 every year at the latest.

3. A trader shall make an extraordinary report upon request of a competent state agency to meet management requirements.”

3. To amend Clause 6, Article 1 as follows:

“Article 10. Organization of implementation

State management agencies and enterprises involved in the export of minerals shall be responsible for the implementation of this Circular. Any problems arising in the course of implementation should be promptly reported in writing to the Ministry of Industry and Trade for consideration and settlement.”

4. To annul Clauses 2, 3 and 4, Article 1.

Article 6. To amend and annul a number of articles and clauses of the Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade promulgating coal trading conditions

1. To amend the title of the Circular as follow: “Circular on providing regulations on coal trading activities.”

2. To amend Article 1 as follows:

“Article 1. Scope of regulation

This Circular provides regulations on coal trading activities, including: domestic trading, export, import, temporary import and re-export, transit, transportation, store and agents.”

3. To amend Clause 1 and Clause 2 of Article 5 as follow:

“1. The Oil, Gas and Coal Department (The Ministry of Industry and Trade) shall take prime responsibilities and co-operate with Ministries, industries and relevant localities in organizing and investigating periodically the provision implementations in accordance with this Circular and relevant legal provisions.

2. The Oil, Gas and Coal Department shall be responsible for reporting to the Ministry of Industry and Trade for considering the adjustment, supplementation for this Circular if necessary basing on the current situation of the coal exploitation, processing and trading.

4. To repeal Clause 3 of Article 3.

Article 7. To amend and repeal a number of articles of the Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on exporting of coal

1. To amend Article 7 as follow:

“Article 7.

1. The Oil, Gas and Coal Department (The Ministry of Industry and Trade) shall take prime responsibilities and co-operate with Ministries, industries and relevant localities in organizing and investigating periodically the provision implementations in accordance with this Circular and relevant legal provisions.

2. The Oil, Gas and Coal Department shall be responsible for reporting to the Ministry of Industry and Trade for considering the adjustment, supplementation for this Circular if necessary basing on the current situation of the coal exploitation, processing and trading.”

2. The Appendix II attached to this Circular shall replace the Appendix I attached to the Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on exporting of coal.

3. To repeal Clause 2 of Article 4.

4. To repeal Article 5.

Article 8. To repeal Article 5 of the Circular No. 28/2017/TT-BCT dated December 08 of the Minister of Industry and Trade on amending, supplementing or annulling a number of circulars concerning petrol and oil trading, provision of conformity assessment services, and import and export under the state management of the Ministry of Industry and Trade.

Chapter IV

ELECTRICITY SECTOR

Article 9. To repeal Clause 2 of Article 25 of the Circular No. 43/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade on content, order and procedure of formulation, appraisal, approval and modification of Electronic Development Plans which amended by the Article 2 of the Circular No. 24/2016/TT-BCT dated November 30, 2016 of the Minister of Industry and Trade on promulgating a number of content related to shorten the time of electricity approach.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 10. Effect

1. This Circular takes effect on August 03, 2020.

2. Units affiliated to the Ministry and related organizations, individual shall implement this Circular./.

The Minister

Tran Tuan Anh