Circular No. 28/2017/TT-BCT dated December 08, 2017 of the Ministry 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

CIRCULAR

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[1]

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

Pursuant to the Government’s Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading;

Pursuant to the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;

Pursuant to the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services;

Pursuant to the Government’s Decree No. 34/2016/ND-CP of May 14, 2016, detailing a number of articles of, and providing measures to implement, the Law on Promulgation of Legal Documents;

Pursuant to the Government’s Decree No. 63/2010/ND-CP of June 8, 2010, on control of administrative procedures, and the Government’s Decree No. 48/2013/ND-CP of May 14, 2013, amending and supplementing a number of articles of the decrees concerning control of administrative procedures and the Government’s Decree No. 92/2017/ND-CP of August 7, 2017, amending and supplementing a number of articles of the decrees concerning control of administrative procedures;

At the proposal of the Director of the Legal Department,

The Minister of Industry and Trade promulgates the Circular 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.

Article 1.To amend and supplement Article 6 of the Minister of Industry and Trade’s Circular No. 38/2014/TT-BCT of October 24, 2014, detailing a number of articles of the Government’s Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading

“Article 6. Grant of licenses and certificates

1. If wishing to obtain a new, supplemented and modified or re-granted petrol and oil import and export license, certificate of eligibility for acting as a petrol and oil distributor, certificate of eligibility for acting as a petrol and oil general agent,  certificate of eligibility for acting as a petrol and oil retail agent, or certificate of a station eligible for petrol and oil retail, a trader shall send 1 (one) dossier set to the Ministry of Industry and Trade or the provincial-level Industry and Trade Department through official correspondence channel or online to the address notified by the Ministry of Industry and Trade or the provincial-level Industry and Trade Department on its website.

2. Administrative procedures to be carried out by the Ministry of Industry and Trade

a/ Within 7 working days after receiving a trader’s dossier, if the dossier is incomplete or invalid, the Ministry of Industry and Trade shall issue a written request to the trader to supplement the dossier;

b/ Within 30 working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall appraise the dossier, inspect the actual capacity of the trader and grant a petrol and oil import and export license; a certificate of eligibility for acting as petrol and oil distributor; or a certificate of eligibility for acting as petrol and oil general agent to the trader (for traders having petrol and oil distribution networks in 2 (two) or more provinces and centrally run cities);

c/ The Ministry of Industry and Trade shall, on a case-by-case basis, work with or authorize the provincial-level Industry and Trade Department of the locality where the trader’s head office is based or the provincial-level Industry and Trade Department of the locality where the trader’s petrol and oil establishment is located, to appraise the dossier and inspect the actual capacity of the trader and send the inspection minutes to the Ministry of Industry and Trade for consideration and grant of a certificate of eligibility for acting as petrol and oil distributor or certificate of eligibility for acting as petrol and oil general agent;

d/ In case the inspection results show inconsistencies with the trader’s dossier, the Ministry of Industry and Trade shall issue a written refusal to grant a license or a certificate to the trader, clearly stating the reason;

dd/ In case the inspection results show consistencies with the trader’s dossier, the Ministry of Industry and Trade shall grant a license or a certificate to the trader, made according to Form No. 2, Form No. 6 or Form No. 8 in the Appendix to Decree No. 83/2014/ND-CP.

3. Administrative procedures to be carried out by provincial-level Industry and Trade Departments

a/ Within 3 working days after receiving a trader’s dossier, if the dossier is incomplete or invalid, the provincial-level Industry and Trade Department shall issue a written request to the trader to supplement the dossier;

b/ Within 20 working days after receiving a complete and valid dossier, the provincial-level Industry and Trade Department shall appraise the dossier, inspect the actual capacity of the trader and grant a certificate of eligibility for acting as petrol and oil general agent (for traders having petrol and oil distribution networks in 1 (one) province or centrally run city); a certificate of eligibility for acting as petrol and oil retail agent; or a certificate of a station eligible for petrol and oil retail;

c/ In case the inspection results show inconsistencies with the trader’s dossier, the provincial-level Industry and Trade Department shall issue a written refusal to grant a certificate to the trader, clearly stating the reason;

d/ In case the inspection results show consistencies with the trader’s dossier, the provincial-level Industry and Trade Department shall grant a certificate to the trader, made according to Form No. 4, Form No. 8 or Form No. 10 in the Appendix to Decree No. 83/2014/ND-CP.

4. Traders shall pay charges and fees in accordance with law. Charges and fees shall be used under regulations of the Ministry of Finance and Ministry of Industry and Trade.”

Article 2.To amend, supplement or annul a number of articles of the Minister of Industry and Trade’s Circular No. 48/2011/TT-BCT of December 30, 2011, on quality management of group-2 products and goods under the Ministry of Industry and Trade’s management

1. To supplement Article 10b as follows:

“Article 10b. Requirements on designated conformity assessment organizations

1. Having registered operation domains under Articles 5, 9, 13 and 17 of the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services, and possessing a registration certificate of conformity assessment operations granted by competent agencies.

2. Having sufficient technical documents, necessary standards and testing processes conformable with relevant technical regulations issued by the Ministry of Industry and Trade.”

2. To annul Articles 11, 12, 13 and 14.

Article 3.To amend, supplement or annul a number of articles of the Minister of Industry and Trade’s Circular No. 33/2015/TT-BCT of October 27, 2015, on technical safety inspection of electrical equipment and tools

1. To amend Point b, Clause 2, Article 6 as follows:

“b/ Electrical equipment other than those prescribed at Point a of this Clause shall be periodically inspected under the manufacturer’s regulations, but the inspection period must not exceed 36 months for electrical equipment and tools prescribed in Sections II and III, Appendix I to Circular No. 33/2015/TT-BCT.”

2. To amend Article 7 as follows:

“1. Electrical equipment and tools shall be inspected by an inspection organization that satisfies the requirements prescribed in Article 9 of the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, prescribing conditions for provision of conformity assessment services, and possesses an inspection registration certificate granted by the Ministry of Industry and Trade under regulations.

The dossier, order and procedures for granting an inspection registration certificate must comply with Articles 10, 11 and 12 of Decree No. 107/2016/ND-CP.

2. The inspection organization shall formulate contents of inspection process for each type of equipment and tools based on the standards and national technical regulations in Appendix II to Circular No. 33/2015/TT-BCT; foreign standards and technical regulations applied in Vietnam; and manufacturers’ regulations and instructions. All inspection items and methods shall be stated in each specific process.

3. Right after the inspection is completed, the inspection organization shall stick inspection stamps on electrical equipment and tools that meet the prescribed requirements.

a/ The specimen of an inspection stamp is provided in Appendix III to Circular No. 33/2015/TT-BCT. The places for sticking inspection stamps must not be hidden from view, and must be easy to notice and free from adverse impacts of the environment;

b/ In case electrical equipment or tools are located at the places or in the environment where stamps cannot be stuck, inspection organizations shall, after completing the inspection, grant an inspection certificate for such equipment or tools instead of sticking stamps.”

3. To amend Point b, Clause 1, Article 10 as follows:

“b/ To receive inspection registration dossiers, and examine and announce the list of inspection organizations on the Ministry of Industry and Trade’s portal”.

4. To amend Point h, Clause 4 of Article 10 as flows:

“To organize professional training and grant cards for inspectors who conduct technical safety inspection for electrical equipment and tools in accordance with law. Trading documents must have the contents on measurement and quality of products and goods in accordance with law and the inspection contents prescribed in Circular No. 33/2015/TT-BCT”.

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

Article 4.To amend and supplement a number of articles of the Minister of Industry and Trade’s Circular No. 12/2016/TT-BCT of July 5, 2016, 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 annul the phase “being certified by the customs office at the border gate of import” in Clause 2, Article 1.

2. To replace the phase “certified copies under regulations” with the phase “duplicates or certified copies or copies enclosed with the originals for comparison” in Clause 3, Article 1.

Article 5.To amend and supplement a number of articles of the Minister of Industry and Trade’s Circular No. 15/2013/TT-BCT of July 15, 2013, providing the export of coal

To add the following Clause 2a to Article 5:

“2a. The documents prescribed at Points a and b, Clause 2, Article 5 of this Circular must be duplicates or certified copies or copies enclosed with the originals for comparison”.

Article 6.To annual a number of circulars

1. To annul Chapter IV of the Minister of Industry and Trade’s Circular No. 44/2010/TT-BCT of December 31, 2010, detailing a number of articles of the Government’s Decree No. 109/2010/ND-CP of November 4, 2010, on rice export business.

2. To annul the Minister of Industry and Trade’s Circular No. 20/2011/TT-BCT of May 12, 2011, stipulating additional procedures for import of passenger cars of 9 or fewer seats, and the Minister of Industry and Trade’s Circular No. 04/2017/TT-BCT of March 9, 2017, amending and supplementing the Minister of Industry and Trade’s Circular No. 20/2011/TT-BCT of May 12, 2011, stipulating additional procedures for import of passenger cars of 9 or fewer seats.

Article 7.Transitional provision

The order and procedures for dossiers of application for licenses or certificates received by agencies carrying out administrative procedures before the effective date of this Circular must comply with regulations effective at the time of receiving the dossiers.

Article 8.Implementation provisions

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

2. Any difficulties arising in the course of implementation of this Circular should be promptly reported to the Ministry of Industry and Trade for consideration and settlement.-

Minister of Industry and Trade
TRAN TUAN ANH