Circular 38/2025/TT-BCT decentralization in implementation of administrative procedures under the Ministry of Industry and Trade's management

CIRCULAR

Amending and supplementing a number of provisions of decentralization in the implementation of administrative procedures in sectors under the Ministry of Industry and Trade's management

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

Pursuant to Law on Promulgation of Legal Documents No. 64/2025/QH15;

Pursuant to the National Assembly's Resolution No. 190/2025/QH15 dated February 19, 2025, providing for the settlement of certain issues related to the reorganization of the state apparatus;

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

Pursuant to the Government’s Decree No. 78/2025/ND-CP dated April 1, 2025, detailing a number of articles of, and providing measures for organizing and guiding the implementation of, the Law on Promulgation of Legal Documents;

Pursuant to the Government's Decree No. 146/2025/ND-CP dated June 20, 2025, providing for decentralization and delegation of authority in the field of industry and trade;

Pursuant to the Government's Decree No. 139/2025/ND-CP dated June 12, 2025, providing regulations on delineation of authority of two-tier local administrations under the Ministry of Industry and Trade's state management;

At the proposal of the Chief of Office of the Ministry,

The Minister of Industry and Trade hereby promulgates the Circular amending and supplementing a number of provisions of decentralization in the implementation of administrative procedures in sectors under the Ministry of Industry and Trade's management.

Chapter I

INDUSTRIAL EXPLOSIVE MATERIALS AND EXPLOSIVE PRECURSORS

Article 1. Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 23/2024/TT-BTC dated November 7, 2024, prescribing the management and use of industrial explosive materials and explosive precursors under the Ministry of Industry and Trade's management

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

“1. The Industrial Safety Techniques and Environment Agency shall grant, re-grant or modify licenses for blasting services on the continental shelf or blasting services operating nationwide within the territory of the Socialist Republic of Vietnam.”

2. To amend and supplement Point c, Clause 2, Article 4 as follows:

“c) Grant, re-grant, and modify licenses for the use of industrial explosive materials for organizations and enterprises engaged in research and testing of industrial explosive materials or possessing mineral operation licenses issued by the Ministry of Agriculture and Environment, except for organizations and enterprises under the management of the Ministry of National Defence.”

3. To amend and supplement Clause 4, Article 4 as follows:

“4. Powers of provincial-level People's Committees

a) Grant, re-grant, and modify licenses for the use of industrial explosive materials to organizations and enterprises using such materials within their respective localities, except for the organizations specified at Point c, Clause 2 of this Article and those under the management of the Ministry of National Defence;

b) Grant and modify certificates of eligibility for the production of explosive precursors.”

4. To amend and supplement Point a, Clause 4, Article 17 as follows:

“a) Report to the commune-level Police Office and the provincial-level People's Committee in the locality where the industrial explosive material or explosive precursor activities are conducted, within 24 hours from the time of discovering: Unauthorized intrusion into storage areas of industrial explosive materials or explosive precursors, theft, loss, or occurrence of accidents or incidents in the activities involving industrial explosive materials or explosive precursors.”

5. To amend Point b, Clause 1, Article 18 as follows:

“b) Assume the prime responsibility, and organize the inspection and handling of violations committed by organizations, enterprises, and individuals related to the management and use of industrial explosive materials and the production of explosive precursors as prescribed by law;”

6. To amend Point e, Clause 1, Article 18 as follows:

“e) Perform the state management function of specialized agencies in charge of construction and fire prevention and fighting with respect to facilities producing and storing industrial explosive materials and explosive precursors, in accordance with the competence prescribed by the law on construction and fire prevention and fighting;”

7. To add Points h, i and k, Clause 1, Article 18 as follows:

“h) Receive new registrations and additional registrations as prescribed in Articles 6 and 7 of this Circular;

i) Assume the prime responsibility for, and coordinate with relevant agencies and organizations in, proposing amendments and supplements to the List of industrial explosive materials;

k) Assume the prime responsibility for formulating technical standards and technical regulations on the quality of industrial explosive material products.”

8. To add Point e, Clause 2, Article 18 as follows:

“e) Assume the prime responsibility for formulating technical standards and technical regulations on the quality of explosive precursor products”.

9. a) To amend and supplement title of Article 19 as follows:

“Article 19. Responsibilities of provincial-level People’s Committees”.

10. To amend and supplement Clauses 4 and 5, Article 19 as follows:

“4. To report to the Ministry of Industry and Trade:

a) The management and use of industrial explosive materials and explosive precursors in the province before June 30 for the semi-annual report, and before December 30 for the annual report, in accordance with Form No. 03 provided in Appendix X to this Circular;

b) After receiving irregular reports from organizations and enterprises as specified in Clause 4, Article 17 of this Circular, a report must be submitted within 24 hours using Form No. 05 provided in Appendix X to this Circular.

5. To perform the state management function regarding construction and fire prevention and fighting in the locality for facilities producing and storing industrial explosive materials and explosive precursors, in accordance with the competence prescribed by the law on construction and fire prevention and fighting.”

11. To replace the phrase “provincial-level Department of Industry and Trade” with the phrase “provincial-level People’s Committee” as specified at Point a, Clause 2 and Point a, Clause 4, Article 11; Point b, Clause 1, Points b and c, Clause 2, and Point b, Clause 4, Article 17.

12. To replace the phrase “Department of Science and Technology” with the phrase “Industrial Safety Techniques and Environment Agency” at Point c, Clause 3, Clause 5, Article 6; Point c, Clause 2, and Points a and d, Clause 3, Article 7; and Point d, Clause 2, Article 11.

13. To amend the title of Form No. 03 provided in Appendix X as follows:

“Form 03. Periodic report of the provincial-level People’s Committee”.

14. To amend the title of Form No. 05 provided in Appendix X as follows:

“Form 05. Irregular reports report of the provincial-level People’s Committee”.

Chapter II

OCCUPATIONAL SAFETY AND HEALTH

Article 2. Amending Clause 1, Article 3 of the Minister of Industry and Trade’s Circular No. 37/2018/TT-BTC dated October 25, 2018, amending, supplementing and annulling a number of provisions on safety management and technical inspection of occupational safety under the Ministry of Industry and Trade's management

“1. The Industrial Safety Techniques and Environment Agency shall grant, re-grant and revoke certificates of eligibility for technical appraisal of occupational safety”.

Chapter III

GAS TRADING

Article 3. Adding Clause 1a to Article 3 of the Minister of Industry and Trade’s Circular No. 37/2018/TT-BTC dated October 25, 2018, amending, supplementing and annulling a number of provisions on safety management and technical inspection of occupational safety under the Ministry of Industry and Trade's management

“1a. The provincial-level People’s Committee shall carry out the grant, regrant, modification, and revocation of certificates of eligibility for the manufacture and repair of LPG cylinders and certificates of eligibility for the manufacture of mini LPG cylinders.”

Chapter IV

OIL AND GAS

Article 4. Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 40/2018/TT-BCT dated October 30, 2018, prescribing formulation and contents of documents on management of safety for oil and gas operations

1. To amend and supplement Article 4 as follows:

“Article 4. Time of formulation of safety management documents

1. A safety management program shall be developed:

a) Before operation.

c) Before modification or change of capacity, technology, decommissioning of a structure after completion of exploitation or conclusion of the project, or changes in safety policy and safety management system.

2. A risk assessment report shall be prepared:

a) During the basic design phase.

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

c) Before modification, capacity expansion, or change of technology, decommissioning of a structure after completion of exploitation or conclusion of the project, or changes in safety policy and safety management system.

d) Updated every 5 years.

3. An emergency response plan shall be prepared:

a) Before operation.

b) Before modification, capacity expansion, or change of technology, decommissioning of a structure after completion of exploitation or conclusion of the project, or changes in safety policy and safety management system”.

2. To amend Article 27 as follows:

“Article 27. Responsibility of the Industrial Safety Techniques and Environment Agency

1. To approve safety management documents for oil and gas structures of a scale falling under the appraisal competence of the Ministry of Industry and Trade with respect to feasibility study reports for construction investment projects, as prescribed by construction law.

2. To guide the implementation of this Circular.

3. To inspect, handle violations, and settle complaints and denunciations within its competence related to safety management in oil and gas activities, in accordance with the law.”

3. To amend Article 28 as follows:

“Article 28. Responsibility of provincial-level People’s Committees

1. To approve safety management documents for oil and gas structures located within its jurisdiction, except for structures of the scale specified in Clause 1, Article 27 of this Circular.

2. To conduct inspection, examination, and settlement of complaints and denunciations, and handle violations concerning the implementation of safety management documents in oil and gas activities within its jurisdiction in accordance with the law.”

4. To amend Clause 1, 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 formulating safety management documents and periodic risk assessment reports in accordance with Clause 2, Article 4 of this Circular; take responsibility before the law for the accuracy of information, documents, and calculation results during the formulation of safety management documents; and shall be responsible for implementing measures and plans to ensure safety for projects and structures; and shall organize emergency response drills in accordance with the plans stated in the safety management documents.”

Article 5. Decentralization of administrative procedures for the approval of safety management documents for oil and gas exploration drilling, new construction or modification of oil and gas structures, and decommissioning of oil and gas structures

The Minister of Industry and Trade shall decentralize to the Industrial Safety Techniques and Environment Agency the competence to approve safety management documents for oil and gas exploration drilling activities, new construction or modification of oil and gas structures, and decommissioning of oil and gas structures in accordance with Article 40 of Decree No. 45/2023/ND-CP dated July 1, 2023, detailing a number of articles of the Law on Oil and Gas.

Chapter V

SAFETY OF HYDROPOWER DAMS AND RESERVOIRS

Article 6. Decentralization of administrative procedures related to the operation process of hydropower reservoirs

The Minister of Industry and Trade shall decentralize to the Industrial Safety Techniques and Environment Agency the competence to appraise and approve the operation process, and approve the modification of operation processes, of especially important hydropower reservoirs and hydropower works located in areas covering two or more provincial-level administrative units as prescribed at Point a, Clause 5, Article 76 and Clause 2, Article 77 of the Electricity Law.

Chapter VI

CHEMICALS

Article 7. Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 32/2017/TT-BCT dated December 28, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals and the Government’s Decree No. 113/2013/ND-CP dated October 9, 2017, detailing and guiding the implementation of a number of articles of the Law on Chemicals

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

“c) To perform tasks specified at Point a, Clause 7, Article 16 of Decree No. 113/2017/ND-CP, which was amended and supplemented under Point e, Clause 8, Article 1 of Decree No. 82/2022/ND-CP. The Vietnam Chemicals Agency shall grant, re-grant, modify and revoke licenses for production of, or trading in industrial chemicals restricted from production and trading”.

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

“d) Processing dossiers, organizing the appraisal, establishing an Appraisal Council; considering and approving the chemical incident prevention and response plan; authenticating on the cover page of the chemical incident prevention and response plan after it is approved”.

Article 8. Decentralization of administrative procedures regarding the transport of dangerous goods

1. The Vietnam Chemicals Agency shall receive dossiers, appraise, grant, re-grant, and revoke licenses for the transport of dangerous goods of Class 5 and Class 8 as prescribed in Clause 1, Article 4 of Decree No. 161/2024/ND-CP on the List of dangerous goods, transport of dangerous goods, order and procedures for grant of licenses and certificates of completion of training programs for drivers or escorts of dangerous goods transported by road; Points b, e, and g, Clause 4, and Clause 6, Article 44 of the Government's Decree No. 105/2025/ND-CP dated May 15, 2025, detailing a number of articles of, and measures to implement, the Law on Fire Prevention, Firefighting, Rescue and Salvage.

2. The Industrial Safety Techniques and Environment Agency shall receive dossiers, appraise, grant, re-grant, and revoke licenses for the transport of dangerous goods of Class 1 (except for industrial explosive materials), Class 2, Class 3, Class 4 and Class 9 as prescribed in Clause 1, Article 4 of Decree No. 161/2024/ND-CP on the List of dangerous goods, transport of dangerous goods, order and procedures for grant of licenses and certificates of completion of training programs for drivers or escorts of dangerous goods transported by road; Points b and e, Clause 4, and Clause 6, Article 44 of the Government's Decree No. 105/2025/ND-CP dated May 15, 2025, detailing a number of articles of, and measures to implement, the Law on Fire Prevention, Firefighting, Rescue and Salvage.

Chapter VII

PRODUCT AND GOODS QUALITY

Article 9. Amending and supplementing Article 19 of the Minister of Industry and Trade’s Circular No. 02/2025/TT-BCT dated February 1, 2025, on protection of electricity works and electric safety

“Article 19. Responsibility of provincial-level People’s Committees

1. The provincial-level People’s Committee shall carry out the grant, modification, regrant, and revocation of certificates of registration of quality inspection of electrical equipment and instruments in accordance with the law on product and goods quality.

The order and procedures for grant, modification, regrant, and revocation of certificates of registration of quality inspection of electrical equipment and instruments specified in Articles 10, 11 and 12 of the Government's Decree No. 107/2016/ND-CP dated July 1, 2016, prescribing conditions for provision of conformity assessment services (amended and supplemented under Clause 3, Article 3 of the Government’s Decree No. 154/2018/ND-CP dated November 9, 2018, amending, supplementing and annulling a number of provisions on investment and business conditions under the Ministry of Science and Technology's state management) and the law on specialized inspection.

2. The provincial-level People’s Committee shall make public on its portal the list of inspection organizations and information concerning the Ministry of Science and Technology and the Ministry of Industry and Trade within 15 (fifteen) days from the date of grant of the certificate of registration of quality inspection of electrical equipment and instruments.

3. Within the scope of its competence, the provincial-level People’s Committee shall be responsible for inspecting and examining technical safety inspection activities for electrical equipment and instruments conducted by inspection organizations, and by organizations and individuals using or operating electrical equipment and instruments within its jurisdiction.”

Article 10. Amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 36/2019/TT-BCT dated November 29, 2019, prescribing quality management of products and goods under the Ministry of Industry and Trade’s responsibility

1. To amend and supplement Article 8 as follows:

a) To amend and supplement Point b, Clause 1 as follows:

“b) Conformity assessment organizations evaluated and designated by the competent agency when satisfying the conditions prescribed in the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018, as amended and supplemented under the Government’s Decree No. 154/2018/ND-CP dated November 9, 2018”.

b) To amend and supplement Clause 2 as follows:

“2. Conformity assessment organizations having registered operation fields and/or designated by the competent agency shall comply with regulations on operation of conformity assessment and submit to the designating or certificate-licensing agency’s inspection and supervision.

The list of conformity assessment organizations having registered operation fields and/or designated by the competent agency shall be posted on the designating or certificate-licensing agency’s website.”

2. To amend and supplement Point c, Clause 2, Article 11 as follows:

“c) Certification and inspection results of certification or inspection organizations designated by the competent agency.”

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

“2. Upon declaration of regulation conformity, manufacturers, traders and importers shall register their regulation conformity statements with People's Committees of provinces and centrally-run cities where they have registered their production, business or import operation.”

4. To amend and supplement Article 13 as follows:

“Article 13. Responsibility of the Agency for Innovation, Green Transition and Industry Promotion

1. To advise the Minister of Industry and Trade in performing the function of serving as the focal point for state management over product and goods quality.

2. To compile the results of product and goods quality inspection and report to the leadership of the Ministry of Industry and Trade.

3. To take responsibility for urging, guiding, and inspecting the implementation of this Circular.”

5. To amend and supplement Article 14 as follows:

“Article 14. Responsibility of provincial-level People’s Committees

1. To carry out procedures for the grant, modification and regrant of accreditation operation registration certificates (including testing, certification, inspection, and quality inspection of products and goods); to inspect and supervise the activities of conformity assessment organizations that have been granted certificates; and to handle violations in accordance with the law.

2. To carry out procedures for the grant, modification and regrant of decisions on designation of conformity assessment organizations to perform testing, certification, inspection, and quality inspection of products and goods; to inspect and supervise the activities of designated conformity assessment organizations; and to handle violations in accordance with the law.

3. To update the list of conformity assessment organizations that have been issued, modified, or reissued accreditation operation registration certificates; and those that have been issued, modified or reissued designation decisions on the local portal.

4. To issue notifications of receipt of dossiers of conformity declarations and to manage conformity declaration dossiers for products and goods.

5. To organize and assume the prime responsibility for, and coordinate with relevant agencies in, implementing the product and goods quality management (including quality management of products and goods during production, export, import, circulation on the market, and use); and to handle violations related to product and goods quality within the assigned scope of management in accordance with the Law on Product and Goods Quality and relevant laws.

6. To report to the Ministry of Industry and Trade on the product and goods quality management within the assigned scope of management (including annual periodic reports and irregular reports).”

6. To amend and supplement Article 16 as follows:

“Article 16. Vietnam Chemicals Agency

To organize the implementation of quality inspection for Group-2 imported products and goods that are explosive precursors and industrial explosive materials as specified in the Appendix on the List of products and goods capable of causing unsafety under the management responsibility of the Ministry of Industry and Trade, promulgated together with Circular No. 41/2023/TT-BCT dated December 28, 2023. The form of the notice of results of state inspection on the quality of Group-2 imported goods shall be prescribed in detail in Form No. 03 of the Appendix to Decree No. 74/2018/ND-CP.”

7. To amend and supplement Clause 2, Article 18 as follows:

“2. By December 15 each year, or irregularly upon request, to report on the results of conformity assessment activities that have been designated, using Form No. 11 provided in the Appendix to Decree No. 74/2018/ND-CP, to the competent agency that issued the designation for consolidation.”

Chapter VIII

COMMERCIAL APPRAISAL

Article 11. Amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 01/2015/TT-BCT dated January 12, 2015, on regulations on procedures for registering stamps and seals with respect to commercial appraisal service businesses

1. To amend and supplement Clause 1, Article 3 as follows:

“1. The agency responsible for the registration of service marks used by traders providing commercial appraisal services shall be the provincial-level People’s Committee where the trader is registered for business.”

2. To amend and supplement Article 7 as follows:

“Article 7. Responsibility of provincial-level People’s Committees

1. To publish the list of traders who have registered service marks for commercial appraisal on the provincial-level People’s Committee's portal, including the following information: the trader’s name; the address of its head office; the registered commercial appraisal service scope of each trader; and other relevant information (if any).

2. Based on the provisions of law and the state management tasks prescribed in this Circular and other relevant legal documents, to carry out the registration of service marks for traders.

3. Before January 30 every year, the provincial-level People’s Committee shall be responsible for reporting to the Ministry of Industry and Trade the list of traders who have registered service marks; their head office addresses; and the registered commercial appraisal service scope of each trader (if any).”

3. To replace the phrase “Department of Science and Technology” with the phrase “Agency for Innovation, Green Transition and Industry Promotion” in Circular No. 01/2015/TT-BCT.

4. To replace the phrase “provincial-level Department of Industry and Trade” with the phrase “People’s Committee” in the Appendix to Circular No. 01/2015/TT-BCT.

Chapter IX

EFFICIENT AND ECONOMICAL USE OF ENERGY

Article 12. Amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 36/2016/TT-BCT dated December 28, 2016, on energy labeling for means and equipment using energy under management of the Ministry of Industry and Trade

1. To amend and supplement Clause 1, Article 5 as follows:

“Article 5. Registration of energy labeling

1. Before putting means and equipment into the market, the enterprise that produces or import such means and equipment shall make an application for registration of energy labeling and send it to the Agency for Innovation, Green Transition and Industry Promotion.”

2. To amend and supplement Clause 1, Article 6 as follows:

“Article 6. Energy labeling

1. After the application for registration of energy labeling is submitted to the Agency for Innovation, Green Transition and Industry Promotion, the applicant may self-conduct the energy labeling in accordance with the declaration of energy labeling for the registered product. The applicant must take responsibility for the accuracy and truthfulness of declared information in the declaration of energy labeling and information displayed on the energy labels.”

3. To amend and supplement Clauses 2 and 3, Article 8 as follows:

“2. Before every January 15, the applicant conducting energy labeling shall make a report on the number and types of means and equipment which have been produced, consumed and carrying energy labels during year using form in Appendix 3 and send it to the Agency for Innovation, Green Transition and Industry Promotion and the provincial-level Department of Industry and Trade.

3. Before every January 15, testing laboratories shall make reports on the number and types of means and equipment undergoing tests to carry energy labels using form in Appendix 4 and send them to the Agency for Innovation, Green Transition and Industry Promotion.”

4. To replace Appendices 1, 3, and 4 of Circular No. 36/2016/TT-BCT with the corresponding appendices in Forms No. 01, 02, and 03, Section III, Appendix I to this Circular.

Article 13. Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 39/2011/TT-BCT dated October 30, 2018, providing for training, issuance of energy manager certificates and energy auditor certificates

1. To amend and supplement Clause 1, Article 10 as follows:

“Article 10. Issuance, recognition, and acknowledgment of certificates

1. Persons who pass the examination organized by the Agency for Innovation, Green Transition and Industry Promotion shall be issued certificates valid nationwide. The Agency for Innovation, Green Transition and Industry Promotion shall issue energy manager certificates and energy auditor certificates in accordance with the forms provided in Appendix 4 and Appendix 5 to this Circular.”

2. To amend and supplement Clause 3, Article 11 as follows:

“3. Within ten (10) working days from the date of receipt of the application for replacement or reissuance of energy manager certificates or energy auditor certificates, the Agency for Innovation, Green Transition and Industry Promotion shall review the validity and proceed with the replacement or reissuance of energy manager and energy auditor certificates to the applicant.”

3. To replace Appendices 3 and 4 of Circular No. 39/2011/TT-BCT with the corresponding appendices in Forms No. 04 and 05, Section III, Appendix I to this Circular.

Article 14. Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 42/2019/TT-BCT dated December 18, 2019, amending and supplementing a number of regulations on periodic reporting regime in Circulars separately or jointly issued by the Minister of Industry and Trade

1. To replace the phrase “the Ministry of Industry and Trade (the Energy Efficiency and Sustainable Development Department)” with the phrase “the Agency for Innovation, Green Transition and Industry Promotion” in Articles 1, 2, 3, 4, 5, 6, and 7 of the Circular.

2. To replace Appendix 5 of Circular No. 42/2019/TT-BCT with the corresponding appendix in Form No. 06, Section III, Appendix I to this Circular.

Chapter X

FOOD SAFETY

Article 15. Amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 40/2013/TT-BCT dated December 31, 2013, prescribing conditions and procedures for designation of testing establishments and reference testing establishments for food safety under the Ministry of Industry and Trade's state management

1. To amend Clauses 1 and 2, Article 6 as follows:

“1. The testing establishment that meets the requirements specified in Article 25 of Decree No. 77/2016/ND-CP shall submit one (01) set of application dossiers for designation to the provincial-level People’s Committee in accordance with Clause 3 of this Article. The dossier may be submitted directly, via postal service, or online (through the National Public Service Portal or the Administrative Procedure Resolution Information System of the provincial-level People’s Committee).

2. The provincial-level People’s Committee shall assume the prime responsibility for, and coordinate with relevant units in, organizing the evaluation of testing establishments and reference testing establishments for food safety regarding their capacity to carry out food safety verification tasks under their assigned management responsibility.”

2. To amend Article 20 as follows:

“Article 20. Implementation organization

The Ministry of Industry and Trade shall be responsible for coordinating with relevant units and the provincial-level People’s Committees to provide guidance on the implementation of this Circular.

Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Industry and Trade and provincial-level People’s Committees study and settlement./.”

3. To replace the phrase “the Ministry of Industry and Trade” with the phrase “provincial-level People’s Committee” in Articles 7, 8, 9, 10, 11; in the “To:” section of Appendix I and Appendix IX; and in the “Recipients” section of Appendix VIII.

4. To replace Appendices V and VI of Circular No. 40/2013/TT-BCT with the corresponding appendices in Forms No. 03 and No. 01, Section I, Appendix I to this Circular.

Article 16. Amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 43/2018/TT-BCT dated November 15, 2018, providing food safety management under the responsibility of the Ministry of Industry and Trade

1. To amend the title of Clause 1, Article 6 as follows:

“1. The Minister of Industry and Trade shall delegate to the provincial-level People’s Committee the authority to issue Certificates for:”

2. To amend the title of Clause 2, Article 6 as follows:

“2. The provincial-level People’s Committee shall issue Certificates for:”

3. To amend Clauses 1 and 2, Article 23 as follows:

“1. Responsibility of the Ministry of Industry and Trade

The Ministry of Industry and Trade shall be responsible for coordinating with relevant units and the provincial-level People’s Committees to provide guidance on the implementation of this Circular.

2. Responsibility of provincial-level People’s Committees

a) To receive and examine the validity of dossiers, conduct physical inspection, consider and grant certificates of satisfaction of food safety conditions specified in Clause 2, Article 6 of this Circular based on the actual conditions of the locality;

b) To receive and examine the validity of registration dossiers, organize evaluation, consider and decide to assign or designate agencies performing state inspection of food safety of imported food, laboratories performing food testing for state management purposes, and reference testing laboratories operating in the fields under their assigned management

c) To receive and examine the validity of dossiers, conduct physical inspection at establishments issuing certificates of satisfaction of food safety conditions for, trading establishments specified at Points b and d, Clause 1, Article 6 of this Circular;

d) To submit annual reports to the Ministry of Industry and Trade on the results of the grant of certificates of satisfaction of food safety conditions for food production and trading establishments specified in Clauses 1 and 2, Article 6 of this Circular; the list of establishments under the state management of the Ministry of Industry and Trade not required to possess a certificate of satisfaction of food safety conditions as prescribed in Article 12 of the Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety; and the results of the recall and disposition of recalled products under mandatory recall decisions of local competent agencies, and results of designation of agencies performing the state inspection of food safety of imported food; designation of laboratories performing food testing for state management purposes; reference testing laboratories under the assigned scope of management.”

4. To replace the phrase “the Ministry of Industry and Trade” with the phrase “provincial-level People’s Committees” at Point b, Clause 3 of Article 6.

5. To amend Article 10 as follows:

“Article 10. Agencies performing the state inspection of food safety of imported food

Organizations providing conformity assessment services in Vietnam’s territory that are evaluated as eligible for provision of certification or assessment services as prescribed in the Government’s Decree No. 107/2016/ND-CP of July 1, 2016, shall be assigned or designated by the provincial-level People’s Committee to perform state inspection of food safety of imported food falling under the state management of the Ministry of Industry and Trade.”

Article 17. Amending Article 19 of Minister of Industry and Trade’s Circular No. 27/2016/TT-BCT dated December 5, 2016, amending, supplementing, and annulling a number of legal normative documents on investment and business conditions in certain sectors under the state management of the Ministry of Industry and Trade

“Article 19. Responsibilities of State Management agencies in ensuring food safety for establishments producing and trading milk, beer, and edible oils

1. The Ministry of Industry and Trade shall decentralize tasks and powers to provincial-level People’s Committees to assume the prime responsibility for, and coordinate with relevant units and organizations in, disseminating and guiding the implementation of Sections 2, 3, 4, 5, and 6 of Decree No. 77/2016/ND-CP nationwide.

2. The provincial-level People’s Committee shall be responsible for organizing the implementation of Sections 2, 3, 4, 5, and 6, Chapter VI of Decree No. 77/2016/ND-CP within their respective localities.”

Article 18. Amending and supplementing a number of articles of Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT prescribing conditions and procedures for the designation of laboratories performing food testing for state management purposes

1. To add Clause 21a before Article 21

“Article 21a. Responsibility of the Ministry of Industry and Trade

The Ministry of Industry and Trade shall decentralize tasks and powers to provincial-level People’s Committees to act as the state management agency for food testing and to organize the receipt of registration dossiers, evaluation, designation, inspection, and supervision of testing establishments corresponding to the assigned scope of state management over food safety.”

2. To replace Appendix 6 of Joint Circular No. 20/2013/TTLT-BYT-BCT-BNNPTNT with the corresponding appendix in Form No. 02, Section I, Appendix I to this Circular.

Chapter XI

IMPORT AND EXPORT

Article 19. Amending, supplementing, and replacing a number of provisions of the Minister of Industry and Trade's Circular No. 22/2009/TT-BCT dated August 4, 2009, on the transit of goods of the Lao People’s Democratic Republic through the territory of the Socialist Republic of Vietnam

1. To amend and supplement Point b, Clause 1, Article 1 as follows:

“b. A written request for permission to transit goods issued by the Minister of Industry and Trade of the Lao People’s Democratic Republic (original copy).

Based on the application dossier submitted by the consignor, the Ministry of Industry and Trade shall consult the Ministry of National Defence and the Ministry of Public Security.

On the basis of the opinions of the Ministry of National Defence and the Ministry of Public Security, the Ministry of Industry and Trade shall issue a written response to inform the consignor for implementation.”

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

“4. The dossier submission methods specified in Clauses 1 and 2, Article 1 of this Circular include direct submission, via postal service, or online through the Public Service Portal of the Ministry of Industry and Trade.”

3. To amend and supplement Clause 1, Article 3 as follows:

“1. The Minister of Industry and Trade shall delegate to the Agency of Foreign Trade the authority to receive, appraise the dossiers, and issue or extend transit permits for goods as provided in Clause 2, Article 1 and Article 2 of this Circular.”

4. To amend and supplement Article 4 as follows:

“Goods other than those specified in Article 1 of this Circular, when transiting through the border gate pairs stipulated in Article 6 of the Agreement, shall only be subject to customs procedures at the customs office, without the requirement for a transit permit.”

5. To replace the phrase “Regional Import-Export Management Office…” with the phrase “[Licensing Authority]” in Appendix 2, Appendix 3, Appendix 5, Appendix 6A, and Appendix 6B.

Article 20. Amending, supplementing, and replacing a number of provisions of the Minister of Industry and Trade's Circular No. 27/2014/TT-BCT dated September 4, 2014, on the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam

1. To amend and supplement Clause 1, Article 3 as follows:

“1. For goods being weapons, ammunition, explosives, and military equipment intended for national defense and security purposes as prescribed in Clause 3, Article 4 of the Agreement, the consignor shall submit a request for permission to transit goods (using the form provided in Appendix I to Circular No. 24/2024/TT-BCT dated November 8, 2024, of the Minister of Industry and Trade, amending and supplementing a number of articles of Circular No. 27/2014/TT-BCT dated September 4, 2014, on the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam) to the Ministry of Industry and Trade.

In case the dossier is incomplete or non-compliant, within 03 working days from the date of receipt, the Ministry of Industry and Trade shall issue a written request for the consignor to complete the dossier.

Within 05 working days from the date of receipt of a complete and compliant dossier, the Ministry of Industry and Trade shall issue a written request for opinions from the Ministry of National Defence and the Ministry of Public Security.

Within 05 working days after receiving the written request for opinions from the Ministry of Industry and Trade, the Ministry of National Defence and the Ministry of Public Security shall issue a written reply.

Within 05 working days after receiving opinions from the Ministry of National Defence and the Ministry of Public Security, the Ministry of Industry and Trade shall issue a written response to the consignor; in case of disapproval, the reason must be clearly stated.”

2. To replace the phrase “the Import-Export Management Office in Ho Chi Minh City (the Agency of Foreign Trade under the Ministry of Industry and Trade)” with the phrase “the Agency of Foreign Trade under the Ministry of Industry and Trade” in Clause 2, Article 3 and in Article 5.

Article 21. Amending, supplementing, and replacing a number of provisions of the Minister of Industry and Trade's Circular No. 24/2024/TT-BCT dated November 8, 2024, amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 27/2014/TT-BCT dated September 4, 2014, on the transit of goods of the Kingdom of Cambodia through the territory of the Socialist Republic of Vietnam

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

“4. To amend Article 15 as follows:

“Article 15. Implementation organization

1. The Agency of Foreign Trade shall receive and appraise the dossiers specified in Clauses 1, 3 and 4, Article 3; Clause 4, Article 12 of this Circular, and submit to the leader of the Ministry of Industry and Trade for consideration and decision.

2. The Minister of Industry and Trade shall delegate to the Agency of Foreign Trade the authority to receive and appraise the dossiers, and issue transit permits for goods as provided in Clause 2, Article 3 of this Circular.”

2. To amend Clause 4, Article 2 as follows:

“To remove the phrase “Address: No. 12, Vo Van Kiet Street, District 1, Ho Chi Minh City, Vietnam” in Clause 2, Article 3.

3. To replace the phrase “the Import-Export Management Office in Ho Chi Minh City” with the phrase “[licensing agency]” in Appendices III and IV.

Article 22. Amending, supplementing, and replacing a number of provisions of the Minister of Industry and Trade's Circular No. 11/2015/TT-BCT dated June 4, 2015, on the transit of goods of the People’s Republic of China through the territory of the Socialist Republic of Vietnam

1. To amend and supplement Article 5 as follows:

“Article 5. Competence to process dossiers and methods of submission

1. The Minister of Industry and Trade shall delegate to the Agency of Foreign Trade the authority to receive, appraise, and issue transit permits for goods specified in Clause 2, Article 3 of this Circular (excluding industrial explosive materials).

2. The Agency of Foreign Trade shall receive and appraise dossiers requesting transit of goods being industrial explosive materials and submit them to the leaders of the Ministry of Industry and Trade for consideration and decision.

3. The dossier submission methods specified in Clause 2, Article 3, Article 13, Article 14 and Article 15 of this Circular include direct submission, via postal service, or online through the Public Service Portal of the Ministry of Industry and Trade.”

2. To amend and supplement Clause 2, Article 6 as follows:

“2. For the procedure of issuing transit permits for industrial explosive materials, the order and time limits for processing dossiers shall be as follows:

a) In case the dossier is incomplete or non-compliant, within 03 working days from the date of receipt, the Ministry of Industry and Trade shall issue a written request for the consignor to complete the dossier.

b) Within 05 working days from the date of receipt of a complete and compliant dossier, the Ministry of Industry and Trade shall issue a written request for opinions from the Ministry of National Defence and the Ministry of Public Security. Within 05 working days after receiving the written request for opinions from the Ministry of Industry and Trade, the Ministry of National Defence and the Ministry of Public Security shall issue a written reply.

c) Within 05 working days after receiving opinions from the Ministry of National Defence and the Ministry of Public Security, the Ministry of Industry and Trade shall issue a written response to the consignor; in case of disapproval, the reason must be clearly stated.”.

3. To amend and supplement Clause 1, Article 18 as follows:

“1. The Agency of Foreign Trade under the Ministry of Industry and Trade shall issue transit permits for goods as prescribed in Clause 1, Article 6 of this Circular.”

4. To replace the phrase “the Import-Export Management Office in ....” with the phrase “[licensing agency]” in Appendix II.

Article 23. Supplementing and replacing a number of provisions of the Minister of Industry and Trade’s Circular No. 37/2013/TT-BCT dated December 30, 2013, providing the import of cigarettes and cigar

1. To add Clause 1a to Article 9 as follows:

“1a. The Minister of Industry and Trade shall delegate to the provincial-level People’s Committee where the trader is headquartered the authority to receive and appraise the dossier, and to confirm or reject the written registration for automatic import of cigarettes and cigars.”

2. To replace the phrase “the Agency of Foreign Trade under the Ministry of Industry and Trade” with the phrase “licensing agency” in Articles 8, 9, 10 and Appendix II.

Article 24. Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 07/2019/TT-BCT dated June 20, 2019, for textile and garment exports to Mexico under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

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

“1. Agencies and organizations issuing CPTPP Certificates of Origin (Form CPTPP) shall issue Export Certificates for textile and garment shipments exported to Mexico in the cases specified at Points a and c, Clause 3, Article 4 of this Circular. Export Certificates shall be valid for the year in which they are issued.”

2. To amend Article 7 as follows:

“Article 7. Export Certificate issuing agency

Export Certificates shall be issued by agencies and organizations that issue CPTPP Certificates of Origin (Form CPTPP).”

3. To amend Clause 3, Article 8 as follows:

“3. Within eight (08) working hours from the time of receipt of a complete dossier, the Export Certificate issuing agency shall notify the result of the dossier review on the electronic system as follows:

a) In cases where the conditions for issuance are met, the Export Certificate issuing agency shall notify the trader via the electronic system and shall deliver the Export Certificate by post or directly in accordance with the trader’s registered method on the electronic system within two (02) working days from the date of notification of approval.

b) In case the Export Certificate is not issued, the Export Certificate issuing agency shall notify and clearly state the reason on the electronic system. For dossiers requiring supplementation or correction, the time limit for submitting the supplementary or revised dossier shall be two (02) working days from the date on which the trader receives the notification; past such time limit, the electronic system shall automatically cancel the dossier.”

Article 25. Amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 158/2025/ND-CP dated September 28, 2009, on the certification of tariff rate quotas for natural honey imported into Japan under the Agreement between the Socialist Republic of Vietnam and Japan for an Economic Partnership

1. To amend Article 3 as follows:

“Article 3. Agency certifying tariff rate quota certificates

The agency which certifies tariff rate quota certificates at the request of exporters is the licensing agency where the exporting trader is headquartered.”

2. To amend Article 4 as follows:

“Article 4. Contents of tariff rate quota certificates

1. Tariff rate quota certificates shall be printed in English on white A4 paper and contain at least the following details:

a) Reference number;

b) Name and address of the exporter;

b) Name and address of the importer;

c) Description of goods;

dd) HS code;

e) Quantity of goods (stating the unit of measurement);

g) Validity of the certificate (effective date/expiry date);

h) Certification by the licensing agency where the exporting trader is headquartered.

2. The form of tariff rate quota certificate is provided in Appendix 1 to this Circular.”

3. To replace Appendix 3 of Circular No. 28/2009/TT-BCT with the corresponding appendix in Form No. 01, Section IV, Appendix I to this Circular.

Article 26. Amending and supplementing a number of articles of the Minister of Industry and Trade's Circular No. 28/2012/TT-BCT dated September 27, 2012, detailing the registration of the import right and export right of foreign traders without presence in Vietnam

1. To replace the phrase “the Ministry of Industry and Trade (the Import and Export Department)” in Clause 1, Article 4 with the phrase “the licensing agency”.

2. To replace the phrase “the Ministry of Industry and Trade” in Clause 2, Article 9 with the phrase “the licensing agency”.

3. To replace the phrase “the Import and Export Department under the Ministry of Industry and Trade” in Clause 1, Article 12 with the phrase “the licensing agency”.

4. To replace the phrase “the Ministry of Industry and Trade” in Clause 2, Article 12 with the phrase “the licensing agency”.

5. To amend Article 13 as follows:

“Article 13. Implementation responsibility

1. The provincial-level People’s Committee shall be responsible for issuing, reissuing, amending, supplementing, extending, and revoking the registration certificate of the import right and export right of traders without a commercial presence in accordance with Clause 1, Article 6 of Decree No. 90/2007/ND-CP and the guidance provided in this Circular.

2. The registration certificate of the import right and export right issued to traders without a commercial presence shall be made in three copies, to be distributed as follows: one copy for the trader without a commercial presence; one copy to be retained by the licensing agency; and one copy to be sent to the customs office for coordination in management.”

6. To replace the phrase “the Ministry of Industry and Trade” in Forms MD-1, MD-2, MD-3, MD-4, MD-5, Form TB, and Form BC in Appendix I with the phrase “licensing agency.”

7. To replace the following phrases in Appendix II as follows:

a) To replace the phrase “the Ministry of Industry and Trade” with the phrase “provincial-level People’s Committee…” on the cover page.

b) To replace the phrase “the Ministry of Industry and Trade” with the phrase “provincial-level People’s Committee…” and replace the phrase “the Minister of Industry and Trade” with the phrase “the Chairperson of the provincial-level People’s Committee…” on the first page.

c) To replace the phrase “the Ministry of Industry and Trade” with the phrase “licensing agency,” and replace the phrase “the General Department of Customs” with the phrase “Customs office” on the second page.

Article 27. Amending and supplementing a number of provisions of the Minister of Industry and Trade’s Circular No. 12/2018/TT-BCT dated June 15, 2018, detailing a number of articles of the Law on Foreign Trade Management and the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management

1. To amend Clause 3, Article 7 as follows:

“3. The form of periodical report on temporary import for re-export of goods for implementation of the provisions of Clause 5, Article 31 of Decree No. 69/2018/ND-CP is provided in Appendix VIII to this Circular.”

2. To replace the phrase “the Ministry of Industry and Trade (the Agency of Foreign Trade)” with the phrase “[Licensing agency]” in Appendix IV, Appendix V, Appendix VI, and Appendix VIII.

3. To replace the phrase “provincial-level People’s Committee or Ministry of Industry and Trade” with the phrase “[Licensing agency]” in Appendix VII.

4. To replace the phrase “License issued by the Ministry of Industry and Trade” with the phrase “License issued by [Licensing agency]” in Appendix VIII.

5. To replace Appendix Ĩ of Circular No. 12/2018/TT-BCT with the corresponding appendix in Form No. 02, Section IV, Appendix I to this Circular.

Chapter XII

REGIONAL INDUSTRY

Article 28. Amending and supplementing a number of provisions of the Minister of Industry and Trade's Circular No. 26/2014/TT-BCT dated August 28, 2014, on the organization of the selection of outstanding rural industrial products (as amended and supplemented under the Minister of Industry and Trade’s Circular No. 14/2018/TT-BCT dated June 28, 2018)

1. To amend and supplement Point a, Clause 1, Article 3 as follows:

“a) Commune level is the selection level carried out within the scope of communes, wards, and special zones, organized by the commune-level People’s Committee in coordination with relevant units.”

2. To amend and supplement Clause 2, Article 6 as follows:

“2. The selection shall be organized at four (04) levels, including: commune level, provincial level, regional level, and national level.”

3. To amend and supplement Point a, Clause 1, Article 8 as follows:

“a) The Commune-level Selection Council shall be established by decision of the Chairperson of the commune-level People’s Committee;”

4. To amend and supplement the title of Clause 1 and Points a and b, Clause 1, Article 9 as follows:

“1. The Commune-level Selection Council shall have 05 or 07 members, including:

a) Chairperson of the Council being a representative of the leadership of the commune-level People’s Committee;

b) Permanent Vice Chairperson of the Council being a representative of the specialized agency under the commune-level People’s Committee in charge of industry and trade; other Vice Chairpersons of the Council shall be decided by the Chairperson of the commune-level People’s Committee;”

5. To amend and supplement Clause 2, Article 10 as follows:

“2. Commune-, provincial-, and regional-level Selection Councils shall be responsible for selecting and compiling lists of the most outstanding rural industrial products at their respective levels for submission to the commune-level People’s Committee, provincial-level People’s Committee, and the Agency for Innovation, Green Transition and Industry Promotion for approval and registration for higher-level selection.”

6. To amend and supplement the title of Clause 1, Article 12 as follows:

“1. Dossier for registration for commune-level selection:”

7. To amend and supplement Point d, Clause 2, Article 12 as follows:

“d) In case commune-level selection is not organized, rural industrial establishments having products registered for provincial-level selection shall prepare one (01) set of dossiers as specified in Clause 1 of this Article and submit it to the commune-level People’s Committee for consideration and issuance of a written request for provincial-level selection registration.”

8. To amend and supplement Clause 1, Article 13 as follows:

“1. Dossiers for the selection of outstanding rural industrial products shall be retained at the unit designated by the commune-level People’s Committee for commune-level selection; at the provincial-level Department of Industry and Trade for provincial-level selection; and at the Agency for Innovation, Green Transition and Industry Promotion for regional- and national-level selection.”

9. To amend and supplement Clause 1, Article 14 as follows:

“1. Location and timing for organizing commune-level and provincial-level selection:

a) Commune-level and provincial-level selection shall be organized biennially. Other cases as prescribed by the competent authorities;

b) Specific location and timing for organizing commune-level and provincial-level selection shall follow the guidance of the respective Selection Councils in accordance with the overall plan approved by competent authorities.”

10. To amend and supplement Clause 3, Article 15 as follows:

“3. Products after selection shall be returned to the rural industrial establishments. In case products are retained for exhibition at fairs or for storage and display at commune-, provincial-, regional-, or national-level display venues for rural industrial products, the consent of the owner of the rural industrial establishment must be obtained.”

11. To amend and supplement Clauses 2 and 4, Article 17 as follows:

“2. Based on the selection results, the Selection Council shall submit to the Chairperson of the commune-level or provincial-level People’s Committee, Director of the Agency for Innovation, Green Transition and Industry Promotion, or the Minister of Industry and Trade for approval of selection results, decision on recognition, and issuance of Certificates for Outstanding Rural Industrial Products as authorized under this Circular. The selection results shall be notified to rural industrial establishments whose products participated in the selection.”

“4. The Certificate for Outstanding Rural Industrial Products shall be used uniformly from commune level to national level as prescribed in Appendix 6 to this Circular.”

12. To amend and supplement Clause 1, Article 19 as follows:

“1. The funding for the organization of commune-level and provincial-level selection of outstanding rural industrial products shall be sourced from regional industry promotion funds, in combination with sponsorships and other lawful funding sources (if any). The level of support from regional industry promotion funds for organizing the selection and issuing Certificates for Outstanding Rural Industrial Products at commune and provincial levels shall comply with the regulations of the provincial-level People’s Council.”

13. To amend and supplement Point b, Clause 2, Article 21 as follows:

“b) Monetary awards sourced from regional industry promotion funds for rural industrial establishments whose products are recognized as outstanding rural industrial products at commune or provincial level shall be determined by the provincial-level People’s Committee.”

14. To amend and supplement Clause 2, Article 22 as follows:

“2. Annually, reports shall be submitted to the provincial-level Department of Industry and Trade and the commune-level People’s Committee of the locality participating in the selection regarding the results of industry promotion support, state policy implementation, and the business and production situation of the establishment.”

15. To amend and supplement Point b and Point h, Clause 2 Article 23 as follows:

“b) To develop plans for provincial-level selection of outstanding rural industrial products for submission to the provincial-level People’s Committee for approval and organize implementation as prescribed. To provide guidance and coordinate with commune-level People’s Committees in developing plans and organizing commune-level selection of outstanding rural industrial products.”

“h) To consolidate and monitor the registration dossiers for provincial-level selection of outstanding rural industrial products; to establish and update electronic dossiers for provincial-level registration of outstanding rural industrial products into the database system of such products, and simultaneously submit registration for regional-level selection.”

16. To amend and supplement the title of Clause 3, and Points a, b and d, Clause 1, Article 23 as follows:

“3. Responsibility of commune-level People's Committees

a) To develop plans and organize commune-level selection of outstanding rural industrial products in conformity with the approved general plan; to create electronic dossiers for commune-level registration, update them into the database system of outstanding rural industrial products, and concurrently submit registration for provincial-level selection;

b) To establish the Selection Council and approve decisions recognizing commune-level outstanding rural industrial products;”

“d) To approve the list of commune-level outstanding rural industrial products for registration in the provincial-level selection of outstanding rural industrial products.”

17. To replace the phrases “the Agency for Regional Industry” and “the Agency for Regional Industry and Trade” with the phrase “the Agency for Innovation, Green Transition and Industry Promotion” in the Minister of Industry and Trade's Circular No. 26/2014/TT-BCT dated August 28, 2014, on the organization of the selection of outstanding rural industrial products (as amended and supplemented under the Minister of Industry and Trade’s Circular No. 14/2018/TT-BCT dated June 28, 2018), including all relevant appendices and forms issued together with the Circular.

18. To replace the phrase “district level” with the phrase “commune level” in Appendix No. 1 and Form No. 1 of Appendix No. 6 to the Minister of Industry and Trade's Circular No. 26/2014/TT-BCT dated August 28, 2014, on the organization of the selection of outstanding rural industrial products (as amended and supplemented under the Minister of Industry and Trade’s Circular No. 14/2018/TT-BCT dated June 28, 2018).

Article 29. Amending and supplementing a number of provisions of the Minister of Industry and Trade's Circular No. 14/2024/TT-BCT dated August 15, 2024, stipulating the periodic reporting regime on industrial clusters, the national industrial cluster database, and several forms for managing and developing industrial clusters

To replace the phrases “the Agency for Regional Industry and Trade” and “district level” with the phrase “the Agency for Innovation, Green Transition and Industry Promotion” and "commune level” respectively in Circular No. 14/2024/TT-BCT, including Appendices I and II, and forms issued together with the Circular.

Chapter XIII

TOBACCO TRADING

Article 30. Amending and supplementing a number of provisions of the Minister of Industry and Trade's Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of the Decrees related to tobacco trading

1. To amend Clause 1, Article 21 as follows:

“1. The Industry Agency shall, according to its functions and duties, assume the prime responsibility for, and coordinate with the units under the Ministry, in performing the following tasks:

a) Receiving applications, inspecting, supervising, appraising and submitting to the Ministry’s leaders for approval of policy on investment in manufacturing tobacco products, License to manufacture tobacco products.

b) Developing inspection plans and organizing guidance and inspection of organizations and individuals in implementing the provisions of Decree No. 67/2013/ND-CP and its amending and supplementing Decrees, and this Circular.

c) Receiving applications, conducting inspection, supervision, and appraisal, and submitting to the Ministry’s leadership for approval of policies related to other tobacco trading activities in accordance with regulations.”

2. To amend the title of Clause 5 and Point a, Clause 5, Article 21 as follows:

“5. Responsibilities of commune-level People’s Committees:

a) Organizing the receipt of dossiers, inspection, appraisal, issuance, re-issuance, amendment, supplementation, and revocation of retail licenses for tobacco products under their authority as prescribed in this Circular;”

3. To amend Clause 3, Article 21 as follows:

“3. The Agency for Domestic Market Surveillance and Development shall, based on to its functions and duties, assume the prime responsibility for, and coordinate with relevant units in, organizing inspections of organizations and individuals regarding their compliance with the provisions of Decree No. 67/2013/ND-CP, its amending and supplementing Decrees, this Circular, and relevant laws.”

4. To amend Clause 6, Article 21 as follows:

“6. The provincial-level People’s Committees shall be responsible for organizing the receipt of applications, inspection, supervision, appraisal, and response to enterprises concerning the following procedures: Issuance, re-issuance, and modification of licenses for processing of tobacco raw materials; Import of tobacco for non-commercial purposes; Approval of investment in technological and equipment innovation, investment in the manufacturing of tobacco products for export, contract for processing of tobacco products for export, and relocation of production sites in accordance with the master plan; investment in the processing of tobacco raw materials; Approval for the import of tobacco raw materials for the processing of tobacco raw materials for export or contract manufacturing for export; Approval for the import of tobacco raw materials and cigarette rolling paper for the manufacturing of tobacco products for export or contract processing for export; Import of specialized machinery and equipment for the tobacco industry; Notification of import quotas for tobacco raw materials and cigarette rolling paper; issuance, re-issuance, and modification of licenses for distribution of tobacco products.”

5. To 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 the corresponding appendices in Forms No. 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Section II of Appendix I to this Circular.

6. To replace the phrase “the Ministry of Industry and Trade” in Article 3 with the phrase “provincial-level People’s Committee”.

Article 31. Amending, supplementing, and replacing a number of provisions of the Minister of Industry and Trade's Circular No. 43/2023/TT-BCT amending and supplementing a number of articles of the Ministry of Industry and Trade’s Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco trading

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

“2. To amend Clause 9, Article 13 as follows:

9. Every six months, tobacco product suppliers shall submit statistical reports on output and product types of tobacco products traded (categorized by distribution system, wholesale, retail) of their units to the Agency for Domestic Market Surveillance and Development - the Ministry of Industry and Trade and the provincial-level Department of Industry and Trade of the locality where the enterprise is headquartered (by January 10 annually for annual reports, and by July 10 for semi-annual reports) using the forms in Appendices 8 and 9 to this Circular.”

2. To replace the phrases “the Industry Agency, the Ministry of Industry and Trade”, “the Industry Agency - the Ministry of Industry and Trade”, and “the Ministry of Industry and Trade” in Article 3 and in Appendices 1, 2, 3, 4, 5, and 6, with the phrase “competent state management agency”.

3. To replace Appendices 8, 9, and 10 of Circular No. 43/2023/TT-BCT with the corresponding appendices in Forms No. 19, 20, and 01, Section II of Appendix I to this Circular.

Article 32. Addition of administrative procedure-related forms in the tobacco sector in accordance with the Government’s Decree No. 146/2025/ND-CP dated June 12, 2025, on the delegation of powers and decentralization in the field of industry and trade

The request for permission to manufacture tobacco products bearing foreign trademarks for consumption in Vietnam, the request for approval of foreign investment in the form of a joint venture for manufacturing tobacco products, the request for approval of industrial property licensing contracts for tobacco product manufacturing, the request for sale, export, re-export, or liquidation of tobacco-specific machinery and equipment by tobacco product manufacturers or raw tobacco processors, and the request for lease, loan, transfer of tobacco-specific machinery and equipment from manufacturers with excess capacity or reallocation of tobacco product manufacturing capacity by enterprises as stipulated at Point 1, Part I; Point 1, Part II; Point 1, Part III; Item a, Point 1, Part X; and Part XIV, Section B of Appendix V to the Government's Decree No. 146/2025/ND-CP dated June 12, 2025, shall comply with Form No. 01 of Appendix II to this Circular.

Chapter XIV

INTERNATIONAL COMMERCE

Article 33. Amending and supplementing a number of provisions of the Minister of Industry and Trade’s Circular No. 11/2016/TT-BCT dated July 5, 2016, on forms prescribed in Decree No. 07/2016/ND-CP dated January 25, 2016, of the Government, detailing the Commercial Law on representative offices, branches of foreign businesses in Vietnam (11/2016/TT-BCT)

1. To amend and supplement Article 4 as follows:

“Article 4. Implementation organization

1. The provincial-level People’s Committee shall act as the focal agency responsible for receiving and processing dossiers on the issuance, re-issuance, amendment, extension of the Branch Establishment License, and termination of operation of Branches in accordance with Article 6 of Decree No. 07/2016/ND-CP; and shall be responsible for monitoring, urging, and inspecting the implementation of this Circular.

2. The Vietnam E-commerce and Digital Economy Agency 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 traders in Vietnam on the Ministry of Industry and Trade’s electronic information portal at www.moit.gov.vn.

3. The licensing agency for Representative Offices and Branches shall be responsible for updating relevant information into the database specified in Clause 2 of this Article within 15 days from the date of issuance, re-issuance, amendment, extension, revocation of the Representative Office Establishment License or Branch Establishment License, or termination of operation of the Representative Office or Branch.

4. The licensing agency for Representative Offices and Branches shall be responsible for updating administrative violation handling information regarding Representative Offices and Branches into the database specified in Clause 2 of this Article after the issuance of administrative sanction decisions against violations committed by Representative Offices or Branches.

5. Annually, before February 28, the provincial-level People’s Committee shall be responsible for reporting to the Ministry of Industry and Trade on the issuance, re-issuance, amendment, extension, revocation of the Branch Establishment Licenses, and the termination of operation of Branches within the locality.”

2. To amend and supplement Clause 3, Article 5 as follows:

“3. Any difficulties arising in the courses of implementation should be reported to the Ministry of Industry and Trade for timely guidance and settlement”..

3. To amend, supplement, and replace certain contents of the forms issued together with Circular No. 11/2016/TT-BCT as follows:

a) To replace the phrase “the Ministry of Industry and Trade” with “the provincial-level People’s Committee” in Forms MD-5, MD-6, MD-7, MD-8, GP-2, and BC-2.

b) To replace the phrase “the Minister of Industry and Trade” with “the Chairperson of the provincial-level People’s Committee...” in Form GP-2.

c) To add the legal basis for license issuance in Form GP-2 as follows:

“Pursuant to Circular No. 03/2024/TT-BCT dated January 30, 2024, of the Ministry of Industry and Trade, amending and supplementing a number of articles of the Minister of Industry and Trade’s Circulars in the fields of franchise, representative offices and branches of foreign traders, goods trading and goods trading-related activities of foreign service providers.”

Article 34. Supplementing Forms in the Appendix to Circular No. 11/2016/TT-BCT

To add the reporting form on the status of issuance, re-issuance, modification, extension, and revocation of the Branch Establishment License for foreign traders conducted by the provincial-level People’s Committees, to be reported to the Ministry of Industry and Trade (coded as Form BC-4), to the Appendix of Circular No. 11/2016/TT-BCT, in accordance with the corresponding form prescribed in Section II of Appendix II to this Circular.

CHAPTER XV

CONSUMER RIGHT PROTECTION

Article 35. Amending and supplementing a number of provisions of Circular No. 10/2018/TT-BCT dated May 24, 2018, detailing a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities (amended and supplemented under Circular No. 12/2023/TT-BCT)

1. To amend and supplement Clause 1, Article 5 as follows:

“1. The provincial-level People’s Committee shall organize or authorize in writing establishments providing training in legal knowledge about multi-level marketing to organize the examinations of legal knowledge about multi-level marketing according to the following order:

a) Examining the completeness and validity of the registration dossier for examination and certification of legal knowledge about multi-level marketing under Clause 1, Article 39 of Decree No. 40/2018/ND-CP, as amended and supplemented under Clause 28, Article 1 of Decree No. 18/2023/ND-CP.

b) Making plans on the time, place and method of the examination.

c) Announcing the examination plan.

d) Organizing the examination.

dd) Assessing examination results.

e) Announcing examination results.”

2. To amend and supplement Article 8 as follows:

“Article 8. Revocation of written certifications of legal knowledge about multi-level marketing and certification of knowledge for local focal points

1. The provincial-level People’s Committee shall revoke the written certifications of legal knowledge about multi-level marketing and certification of knowledge for local focal points in the following cases:

a) The examination registration dossier of the person granted the written certification is detected to contain deceitful information;

b) The concerned multi-level marketing enterprise terminates its multi-level marketing activities;

c) The person granted the written certification of legal knowledge about multi-level marketing terminates his/her labor contract or training contract; the person granted the certification of knowledge for local focal points terminates his/her role as local focal point with a multi-level marketing enterprise. Multi-level marketing enterprises shall notify the agency that organized the examination within 02 working days from the date of termination of the local focal point relationship or training contract with the person granted certification of legal knowledge about multi-level marketing or certification of knowledge for local focal points.

2. Procedures and order of revocation of a written certification of legal knowledge about multi-level marketing or certification of knowledge for local focal points:

a) Within 10 working days after an event prescribed in Clause 1 of this Article occurs, the provincial-level People’s Committee shall issue and send a decision on revocation of a written certification of legal knowledge about multi-level marketing or certification of knowledge for local focal points to the concerned multi-level marketing enterprise. The written certification of legal knowledge about multi-level marketing or certification of knowledge for local focal points shall be invalidated on the date the provincial-level People’s Committee issues the revocation decision.

b) The provincial-level People’s Committee shall announce on the website of the agency that organized the examination the revocation of written certifications of legal knowledge about multi-level marketing or certifications of knowledge for local focal points of each multi-level marketing enterprise.”

Chapter XVI

E-COMMERCE

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

“Article 10. Notification confirmation

In cases where the enterprise does not receive any request for modification of the dossier via the E-Commerce Management Portal within 03 working days from the date of submission of the notification dossier, the dossier shall be deemed as having been confirmed with complete and valid declared information.”

Chapter XVII

IMPLEMENTATION ORGANIZATION

Article 37. Effect

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

2. This Circular promulgates new administrative procedure-related forms under Appendix I and newly prescribed forms under Appendix II.

3. Transitional provisions

Licenses, Certificates, Certifications, Approval Documents, and Letters of Consent for administrative procedures in relevant sectors issued, approved, or consented to by state management agencies before July 1, 2025, shall remain valid until the expiry date specified in such Licenses, Certificates, Certifications, Approval Documents, or Letters of Consent as prescribed.

4. This Circular repeals:

a) Point dd, Clause 2, Article 4 and Clause 3, Article 18 of the Minister of Industry and Trade’s Circular No. 23/2024/TT-BTC dated November 7, 2024, prescribing the management and use of industrial explosive materials and explosive precursors under the Ministry of Industry and Trade's management;

b) The phrase “the Department of Science and Technology” at Point a, Clause 4, Article 11; the phrase “the provincial-level Department of Industry and Trade” in Footnote (5) of Form 01 and Footnote (7) of Form 02 of Appendix IV to the Minister of Industry and Trade’s Circular No. 23/2024/TT-BTC dated November 7, 2024, prescribing the management and use of industrial explosive materials and explosive precursors under the Ministry of Industry and Trade's management;

c) Appendix I to the Minister of Industry and Trade’s Circular No. 40/2018/TT-BCT dated October 30, 2018, prescribing formulation and contents of documents on management of safety for oil and gas operations;

d) Article 17 of the Minister of Industry and Trade's Circular No. 36/2019/TT-BCT dated November 29, 2019, prescribing quality management of products and goods under the Ministry of Industry and Trade’s responsibility;

dd) The phrase “by post” in the Minister of Industry and Trade's Circular No. 11/2015/TT-BCT dated June 4, 2015, on the transit of goods of the People’s Republic of China through the territory of the Socialist Republic of Vietnam;

e) Clause 2, Article 21 of the Minister of Industry and Trade's Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of the Decrees related to tobacco trading;

g) Article 2 of the Minister of Industry and Trade's Circular No. 43/2023/TT-BCT amending and supplementing a number of articles of the Ministry of Industry and Trade’s Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco trading;

h) Appendices 11, 12, 13, 14 and 15 to the Minister of Industry and Trade's Circular No. 43/2023/TT-BCT amending and supplementing a number of articles of the Ministry of Industry and Trade’s Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco trading;

i) Clauses 1 and 2, Article 18 of the Minister of Industry and Trade’s Circular No. 02/2025/TT-BCT dated February 1, 2025, on protection of electricity works and electric safety;

h) Clause 2, Article 12 of the Minister of Industry and Trade's Circular No. 47/2014/TT-BCT dated December 5, 2014, on the management of e-commerce websites;

l) Clause 2, Article 11 of the Minister of Industry and Trade's Circular No. 59/2015/TT-BCT dated December 31, 2015, providing for the management of e-commerce activities via applications on mobile devices;

m) Appendix V to the Minister of Industry and Trade’s Circular No. 07/2019/TT-BCT dated June 20, 2019, for textile and garment exports to Mexico under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);

n) Clause 2, Article 5 and Clause 3, Article 6 of the Minister of Industry and Trade’s Circular No. 12/2018/TT-BCT dated June 15, 2018, detailing a number of articles of the Law on Foreign Trade Management and the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management;

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

p) Clause 2, Article 5; Clause 3, Article 6; Clause 4, Article 7 and Clause 2, Article 8 of the Minister of Industry and Trade’s Circular No. 12/2018/TT-BCT dated June 15, 2018, detailing a number of articles of the Law on Foreign Trade Management and the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management.