Circular 42/2019/TT-BCT amending regulations on periodic reporting regime

CIRCULAR

Amending and supplementing a number of regulations on periodic reporting regime in Circulars separately or jointly issued by

the Minister of Industry and Trade

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

Pursuant to Decree No. 09/2019/ND-CP dated January 24, 2019 of the Government on prescribing reporting regimes applicable to state administrative agencies;

At the proposal of the Chief of the Ministry Office;

The Minister of Industry and Trade hereby promulgates the Circular amending and supplementing a number of regulations on periodic reporting regime in Circulars separately or jointly issued by the Minister of Industry and Trade.

Chapter I

REGARDING ENERGY EFFICIENCY

Article 1. To amend and supplement a number of articles of Circular No. 09/2012/TT-BCT dated April 20, 2012 of the Minister of Industry and Trade stipulating the planning and reporting on implementation of plans on economical and efficient use of energy; the performance of energy audit

1. To amend and supplement Clause 8, Article 12 as follows:

“8. Make a list of major energy users in the locality, using Form No. 1.12 provided in Appendix I to this Circular and report to the provincial-level People's Committee as well as send it in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department) before February 1 every year.”

2. To add Form No. 1.12 in Appendix I to Circular No. 09/2012/TT-BCT (in the Appendices hereto).

Article 2. To amend and supplement a number of articles of Circular No. 19/2016/TT-BCT dated September 14, 2016 of the Minister of Industry and Trade on energy consumption quotas for the beer and beverage production industry

1. To amend and supplement Clause 3, Article 9 as follows:

“3. Summarize the implementation of energy consumption quotas for the beer and beverage production industry in localities and send written reports in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department) before January 31 every year according to Appendix V to this Circular.”

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

“2. Before January 15 every year, beer and beverage production facilities shall send reports to provincial-level Departments of Industry and Trade of their respective localities. Before January 31 every year, provincial-level Departments of Industry and Trade shall summarize and report in writing the implementation of energy consumption quotas of units according to Appendix VI to this Circular in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department).

3. To amend the phrase “General Department of Energy” to “Energy Efficiency and Sustainable Development Department” in Appendix V to Circular No. 19/2016/TT-BCT.

Article 3. To amend and supplement a number of articles of Circular No. 20/2016/TT-BCT dated September 20, 2016 of the Minister of Industry and Trade on energy consumption quotas for the steel industry

1. To amend and supplement Clause 3, Article 9 as follows:

“3. Summarize the implementation of energy consumption quotas for the steel production industry in localities and send written reports in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department) before January 31 every year according to Appendix IV to this Circular.”

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

“2. Before January 15 every year, the steel production facilities shall send written reports on their implementation of energy consumption quotas following Appendix III to this Circular in person or via postal service to the respective provincial-level Departments of Industry and Trade.”

Article 4. To amend and supplement a number of articles of Circular No. 36/2016/TT-BCT dated December 28, 2016 of the Minister of Industry and Trade on energy labeling for means and equipment using energy under management of the Ministry of Industry and Trade

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

“2. Before January 15 every year, enterprises conducting energy labeling shall make reports using the form provided in Appendix 3 on the quantities and categories of devices and equipment manufactured, marketed and labeled in the year preceding the reporting period and send them in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department) and provincial-level Departments of Industry and Trade.

3. Before January 15 every year, laboratories shall make reports on the quantities and categories of devices and equipment already tested for energy labeling in the year preceding the reporting period, made according to the form provided in Appendix 4 and send them in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department).”

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

“2. To receive and summarize enterprises’ reports on devices and equipment on the list of those subject to energy labeling already manufactured or imported in their respective localities in the year and devices and equipment already labeled in the year, made according to Appendix 5 for reporting in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department) before March 15 of the succeeding year.”

3. To add Appendix 5 to Circular No. 36/2016/TT-BCT (in the Appendices hereto).

Article 5. To amend and supplement a number of articles of Circular No. 38/2016/TT-BCT dated December 28, 2016 of the Minister of Industry and Trade on energy consumption quotas for the plastic industry

1. To amend and supplement Clause 3, Article 9 as follows:

“3. On an annual basis, summarize the implementation of energy consumption quotas for the plastic industry in localities and send written reports in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department) before January 31 of the succeeding year following Appendix III to this Circular.”

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

“2. Before January 15 every year, the manufacturers of plastic products shall send written reports on their specific energy consumption in the preceding year following Appendix IV to this Circular in person or via postal service to the respective provincial-level Departments of Industry and Trade.”

Article 6. To amend and supplement a number of articles of Circular No. 24/2017/TT-BCT dated November 23, 2017 of the Minister of Industry and Trade on energy consumption quotas for the paper production industry

1. To amend and supplement Point b, Clause 2, Article 8 as follows:

“b) Summarize the implementation of energy consumption quotas in the current year by the paper production facilities in localities and send written reports in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department) before January 31 of the succeeding year following Appendix III to this Circular.”

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

“2. Before January 15 every year, the paper production facilities shall send written reports on their specific energy consumption in the preceding year following Appendix IV to this Circular in person or via postal service to the respective provincial-level Departments of Industry and Trade.”

Article 7. To amend and supplement a number of articles of Circular No. 52/2018/TT-BCT dated December 25, 2018 of the Minister of Industry and Trade on energy consumption quotas for the fish processing industry, applicable to the industrial processing of catfish and shrimp product groups

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

“2. Before January 15 every year, the fish processing facilities shall send written reports on the implementation of energy consumption quotas in the preceding year following Appendix IV to this Circular in person or via postal service to the respective provincial-level Departments of Industry and Trade.

For fish processing facilities with the specific energy consumption higher than the energy consumption quotas specified in this Circular, in addition to the above-mentioned contents, they shall report on their plans to improve the efficiency in energy use, which explicitly state energy saving solutions and implementation plans as specified in Clause 1 of this Article.”

2. To amend and supplement Clause 3, Article 9 as follows:

“3. Summarize the compliance with annual energy consumption quotas by the fish processing facilities in localities and send written reports in person or via postal service to the Ministry of Industry and Trade (via the Energy Efficiency and Sustainable Development Department) before January 31 of the succeeding year following Appendix III to this Circular.”

Chapter II

REGARDING SCIENCE AND TECHNOLOGY

Article 8. To amend and supplement a number of articles of Circular No. 48/2014/TT-BCT dated December 5, 2014 of the Minister of Industry and Trade on promulgation of the National Technical Regulation of equipment, auxiliaries for storing and dispensing ethanol blended gasoline - gasohol E10 at filling stations

1. To amend and supplement Section 5.2 QCVN 02:2014/BCT promulgated together with Circular No. 48/2014/TT-BCT as follows:

“5.2. The Departments of Industry and Trade of provinces and municipalities shall be responsible for guiding and inspecting the implementation of this Technical Regulation in their localities, sending written reports on the implementation as well as difficulties and problems thereof made using the form provided in Appendix A to this Regulation in person or via postal service to the Ministry of Industry and Trade (via the Science and Technology Department) before January 31 of the following year on a periodic basis.”

2. To add Appendix A to QCVN 02:2014/BCT issued together with Circular No. 48/2014/TT-BCT (in the Appendices hereto).

Article 9. To amend and supplement a number of articles of Circular No. 50/2014/TT-BCT dated December 15, 2014 of the Minister of Industry and Trade stipulating the management of scientific and technological tasks of the Ministry of Industry and Trade

To amend and supplement Clause 1, Article 32 as follows:

“1. On a periodic basis in the final week of the 6-month reporting period starting from the date of signing the contract or upon ad-hoc request of the Ministry of Industry and Trade, the organizations and individuals in charge of performing the tasks shall send written reports on their performance of scientific and technological tasks, made according to Form B17-BCDK-BCT to this Circular, in person, via email or postal service to the Ministry of Industry and Trade (via the Science and Technology Department).”

Article 10. To amend and supplement a number of articles of Circular No. 36/2015/TT-BCT dated October 28, 2015 of the Minister of Industry and Trade on promulgation of the National Technical Regulation for napkin and toilet tissue paper

1. To amend and supplement Section 4.4 QCVN 09:2015/BCT promulgated together with Circular No. 36/2015/TT-BCT as follows:

“4.4. Bodies responsible for conformity assessments for paper towel, toilet paper and tissue paper products, after being designated by the Ministry of Industry and Trade, shall:

- Make lists of shipments that have been assessed and send written reports made according to the form provided in Appendix B to this Regulation in person or via email or postal service to the Ministry of Industry and Trade (via the Science and Technology Department) in the final week of the final month of each quarter;

- Conduct conformity assessments in accordance with this Technical Regulation.”

2. To add Appendix B to QCVN 09:2015/BCT issued together with Circular No. 36/2015/TT-BCT (in the Appendices hereto).

Article 11. To amend and supplement a number of articles of Circular No. 21/2017/TT-BCT dated October 23, 2017 of the Minister of Industry and Trade on promulgation of the National Technical Regulation on contents of formaldehyde and certain aromatic amines derived from azo colorants in textile products

1. To amend and supplement Section 4.1.3 QCVN 01:2017/BCT as follows:

“4.1.3. The Departments of Industry and Trade of municipalities and provinces shall:

- Receive declarations of conformity and post them on the web portals of the respective Departments;

- Send written reports made according to Form No. 02 provided in Appendix IV to this Regulation on the quantity of products announced conformable to regulations  in person or via email or postal service to the Ministry of Industry and Trade (via the Science and Technology Department) in the final weeks of second and fourth quarters every year.”

2. To amend and supplement Section 4.3 QCVN 01:2017/BCT as follows:

“4.3. The conformity assessment bodies shall:

- Conduct conformity assessments for textile products;

- Grant identification numbers to declarations of conformity of products and goods that are assessed for conformity using Method 7. Announce identification numbers of declarations of conformity on their websites.

- On a quarterly basis, send written reports made according to Form No. 03 provided in Appendix IV to this Regulation on the assessments of quality of products and goods for conformity to this Regulation in person or via email or postal service to the Ministry of Industry and Trade (via the Science and Technology Department) before the 15^th day of the first month of the succeeding quarter. In ad-hoc cases, reports shall be made at the request of the Ministry of Industry and Trade.

- Comply with Decree 107.”

Chapter III

REGARDING INDUSTRIAL EXPLOSIVES AND PRECURSORS USED IN INDUSTRIAL EXPLOSIVES MANUFACTURING

Article 12. To amend and supplement a number of articles of Circular No. 13/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade on management and use of industrial explosives and precursors used in industrial explosives manufacturing and to annul the regime of periodic reporting on the quality of industrial explosives and precursors used in industrial explosives manufacturing specified in the National Technical Regulations promulgated by the Minister of Industry and Trade

1. To add Clause 3 to Article 18 as follows:

“3. The periodic reports on activities related to industrial explosives and precursors used in industrial explosives manufacturing specified in this Circular shall be sent in person or via postal service.”

2. To amend and supplement Point a, Clause 4, Article 21 as follows:

“a) Semi-annual and annual reports, which are made according to Form No. 3 provided in Appendix IX to this Circular, on management and use of industrial explosives and precursors used in industrial explosives manufacturing in the provincial-level localities shall be sent in person or via postal service before July 15 and January 15 of the succeeding year, respectively;”

3. To amend and supplement Form No. 1 provided in Appendix IX to Circular No. 13/2018/TT-BCT (in the Appendices hereto).

4. To annul the reporting regimes specified in the National Technical Regulations as follows:

a) Section 5.2 QCVN 02:2013/BCT promulgated together with the Circular No. 16/2013/TT-BCT dated July 17, 2013 of the Minister of Industry and Trade on promulgation of the National Technical Regulation on signal tube for permissible non-electrical delay detonator for using in underground mine in present of methane gas.

b) Section 5.2 QCVN 03:2013/BCT promulgated together with the Circular No. 17/2013/TT-BCT dated July 17, 2013 of the Minister of Industry and Trade on promulgation of the National Technical Regulation for permissible non-electrical delay detonator for using in underground mine in present of methane gas.

c) Section 4.3 QCVN 01:2015/BCT promulgated together with the Circular No. 14/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade on promulgation of the National Technical Regulation for electrical blasting machine.

d) Section 5.3 QCVN 02:2015/BCT promulgated together with the Circular No. 15/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade on promulgation of the National Technical Regulation on electric detonators.

dd) Section 5.3 QCVN 04:2015/BCT promulgated together with the Circular No. 16/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade on promulgation of the National Technical Regulation on water resistance detonating cords.

e) Section 5.3 QCVN 05:2015/BCT promulgated together with the Circular No. 17/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade on promulgation of the National Technical Regulation for ammonium nitrate for producing emulsion explosives.

f) Section 5.3 QCVN 06:2015/BCT promulgated together with the Circular No. 18/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade on promulgation of the National Technical Regulation on industrial safety fuse.

g) Section 5.3 QCVN 07:2015/BCT promulgated together with the Circular No. 19/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade on promulgation of the National Technical Regulation on Ammonite explosive AD1.

h) Section 5.3 QCVN 08:2015/BCT promulgated together with the Circular No. 20/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade on promulgation of the National Technical Regulation on primer for industrial explosives.

Chapter IV

REGARDING INDUSTRIAL SAFETY TECHNIQUES AND ENVIRONMENT

Article 13. To amend and supplement a number of articles of Circular No. 18/2013/TT-BCT dated July 31, 2013 of the Minister of Industry and Trade on promulgation of the National Technical Regulation on safety of steel cylinders for Liquefied Petroleum Gas (LPG)

1. To amend and supplement Article 21 of QCVN 04:2013/BCT as follows:

“Article 21. Departments of Industry and Trade of provinces and municipalities shall coordinate with relevant authorities and units in guiding and implementing this Regulation in the localities under their respective management.

On a periodic basis before December 31 every year, provincial-level Departments of Industry and Trade shall summarize and report to the Ministry of Industry and Trade (via the Industrial Safety Techniques and Environment Agency) on problems and recommendations related to LPG cylinders in the localities under their respective management. The reports shall be made in writing, using the form of the Report on problems and proposals on issues related to LPG cylinders in the localities under the management of the provincial-level Departments of Industry and Trade provided in Appendix to this Regulation and sent in person or via postal service to the Ministry of Industry and Trade.”

2. To add Appendix to QCVN 04:2013/BCT issued together with Circular No. 18/2013/TT-BCT (in the Appendices hereto).

Article 14. To amend and supplement a number of articles of Circular No. 35/2015/TT-BCT dated October 27, 2015 of the Minister of Industry and Trade stipulating environmental protection of the Industry and Trade sector

1. To amend and supplement Point c, Clause 1, and Clause 2, Article 15 as follows:

“c) Production and business establishments in the Industry and Trade sector that are not subject to Point b, Clause 1, Article 15 of this Circular shall send written reports in person or via postal service to the provincial-level Departments of Industry and Trade before March 31 of the year succeeding the reporting year following Appendix 3 to this Circular for summary and further reporting to the Ministry of Industry and Trade.”

“2. Environmental reports of the Industry and Trade sector

The Industrial Safety Techniques and Environment Agency shall prepare an annual report on environmental protection with respect to the fields under the management of the Ministry of Industry and Trade and send it to the Ministry of Natural Resources and Environment in accordance with Circular No. 19/2016/TT-BTNMT dated August 24, 2016 of the Minister of Natural Resources and Environment on environmental protection reports.”

2. To amend and supplement Clause 2, Article 17 as follows:

“2. Summarize and prepare an environmental protection report of the Industry and Trade sector in the locality and send it in person or via postal service to the Ministry of Industry and Trade before April 30 of the year succeeding the reporting year following Appendix 4 to this Circular.”

Article 15. To amend and supplement a number of articles of Circular No. 09/2017/TT-BCT dated July 13, 2017 of the Minister of Industry and Trade on providing regulations on technical inspection of occupational safety under the management of the Ministry of Industry and Trade

1. To amend and supplement Clause 5, Article 17 as follows:

“5. Reports on technical inspection of occupational safety shall be made according to the form provided in Appendix 2 to this Circular and sent in person or via postal service before January 15 every year or otherwise upon request.”

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

“3. Reports on inspection shall be made according to the Form in Appendix 3 to this Circular sent in person or via postal service to provincial-level Departments of Industry and Trade of the localities where the machinery and equipment are installed before January 5 every year.”

Article 16. To amend and supplement a number of articles of Circular No. 31/2017/TT-BCT dated December 28, 2017 of the Minister of Industry and Trade on promulgation of the National Technical Regulation on safety on underground mine of ore exploitation

1. To amend and supplement Clause 3, Article 20 of QCVN 04:2017/BCT as follows:

“3. On a periodic basis, the bodies responsible for managing the mines shall send semi-annual and annual written reports on safety management, made according to Form No. 01 provided in Appendix IX to this Regulation, via postal service or email to Departments of Industry and Trade of provinces or municipalities where the mines are exploited before July 10 and January 10, respectively. Before January 20 of the succeeding year, Departments of Industry and Trade of provinces or municipalities shall send written reports on the management of safety on underground mine of ore exploitation in the localities under their respective management, made according to Form No. 03 provided in Appendix IX to this Regulation, in person or via postal service to the Ministry of Industry and Trade (via the Industrial Safety Techniques and Environment Agency).”

2. To amend and supplement Clause 2, Article 106 of QCVN 04:2017/BCT as follows:

“2. Provincial-level Departments of Industry and Trade shall:

Inspect, examine and report, on a periodic or unscheduled basis, the compliance with the Regulation by organizations and individuals related to underground mine of ore exploitation in the localities under their respective management to the Ministry of Industry and Trade (via the Industrial Safety Techniques and Environment Agency) as specified in Clause 3, Article 20 of this Regulation.”

Article 17. To amend and supplement a number of articles of Circular No. 09/2019/TT-BCT dated July 8, 2019 of the Minister of Industry and Trade stipulating safety management of hydropower dams and reservoirs

1. To amend and supplement Article 10 as follows:

“Article 10. Reports on safety status of hydropower dams and reservoirs

1. Owners of hydropower dams and reservoirs shall make reports on the current safety status of their hydropower dams and reservoirs and send them in person or via postal service to provincial-level Departments of Industry and Trade in the localities where such dams and reservoirs are built before the deadline specified in Clause 3, Article 16 of Decree No. 114/2018/ND-CP. The form thereof is provided in Appendix IV to this Circular.

2. The provincial-level Departments of Industry and Trade in the localities where hydropower dams and reservoirs are built shall summarize and send written reports on the current safety status of the hydropower dams and reservoirs in their respective provincial-level localities in person or via postal service to provincial-level People's Committees and to the Ministry of Industry and Trade (via the Industrial Safety Techniques and Environment Agency) before April 30 every year, as for hydropower dams and reservoirs built in the North, North Central, Central Highlands and South regions or before August 30 every year, as for hydropower dams and reservoirs built in the South Central region. The form thereof is provided in Appendix IX to this Circular.”

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

“3. Owners of hydropower dams and reservoirs shall make and send written reports on safety assessment of their hydropower dams and reservoirs in person or via postal service to the Industrial Safety Techniques and Environment Agency before March 1 every year, as for hydropower dams and reservoirs built in the North, North Central, Central Highlands and South regions or before June 1 every year, as for hydropower dams and reservoirs built in the South Central region. The form thereof is provided in Appendix VI to this Circular.”

3. To amend and supplement Article 15 as follows:

“Article 15. Periodic reports on State management of the safety of hydropower dams and reservoirs

On a periodic basis before March 31 every year, provincial-level Departments of Industry and Trade of the localities where hydropower dams and reservoirs are built shall summarize and send reports on the State management of the safety of hydropower dams and reservoirs in their respective localities in the preceding year, made according to the form provided in Appendix VIII to this Circular, in person or via postal service to provincial-level People's Committees and to the Ministry of Industry and Trade (via the Industrial Safety Techniques and Environment Agency).”

4. To add Appendix IX to Circular No. 09/2019/TT-BCT (in the Appendices hereto).

Chapter V

REGARDING GASOLINE AND OIL

Article 18. To amend and supplement a number of articles of Circular No. 39/2013/TT-BCT dated December 30, 2013 of the Minister of Industry and Trade specifying the process and procedures for supplementing and adjusting investment planning and management for investment of projects on construction of gasoline and oil terminals, liquefied petroleum gas terminals, liquefied natural gas terminals

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

“1. Periodic reports

a) Before January 15 every year, the project owners must send written reports on the implementation of gasoline and oil terminal, LPG terminal, and LNG terminal projects on the list of investment projects under the Master Plan on development of gasoline and oil terminals, LPG terminals, and LNG terminals that have been approved by competent authorities in person or via postal service to the provincial-level Departments of Industry and Trade for management and monitoring. The outline of such reports shall comply with Form No. 01 provided in Appendix V to this Circular.

b) Before January 31 every year, provincial-level Departments of Industry and Trade of provinces and municipalities where gasoline and oil terminal, LPG terminal, and LNG terminal investment projects on the list of investment projects under the Master Plan on development of gasoline and oil terminals, LPG terminals, and LNG terminals approved by competent authorities are located shall make and send written reports on the implementation thereof in person or via postal service to the Ministry of Industry and Trade (via the Planning Department) for management and monitoring. The outline of such reports shall comply with Form No. 02 provided in Appendix V to this Circular.”

2. To add Forms No. 01 and 02 to Appendix V to Circular No. 39/2013/TT-BCT (in the Appendices hereto).

Article 19. To amend and supplement a number of articles of Circular No. 38/2014/TT-BCT dated October 24, 2018 of the Minister of Industry and Trade on detailing a number of articles of Decree No. 83/2014/ND-CP dated September 03, 2014 of the Government on gasoline and oil trading

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

“2. Send reports on gasoline and oil loading - unloading - inventory and gasoline and oil inventory in three regions, made according to Form No. 2 provided in the Appendix to this Circular, to the Ministry of Industry and Trade on a monthly, quarterly, and annual basis, or upon request of the Ministry of Industry and Trade. The wholesalers shall send periodic reports in person or via postal service to the Ministry of Industry and Trade before the 20^th day of the first month of the succeeding period.”

2. To amend and supplement Clause 3, Article 7 as follows:

“3. On a monthly basis, send reports on import of gasoline and oil, purchase of domestically-produced gasoline and oil, preparation of gasoline and oil, export of gasoline and oil, temporary import for re-export of gasoline and oil, and cross-border trading of gasoline and oil, made according to Form No. 5 provided in the Appendix to this Circular, in person or via postal service to the Ministry of Industry and Trade before the 20^th day of the succeeding month.”

3. To amend and supplement Clause 4, Article 16 as follows:

“4. Gasoline and oil manufacturers shall, on a monthly basis, make and send reports on the production, import of raw materials, and consumption of gasoline and petroleum products, made according to Form No. 7 provided in the Appendix to this Circular, in person or via postal service to the Ministry of Industry and Trade before the 10^th day of the succeeding month.”

Chapter VI

REGARDING EXPORT AND IMPORT

Article 20. To amend and supplement a number of articles of Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Natural Resources and Environment providing the management of the import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as Circular No. 47 for short)

To add Article 8 as follows:

“Article 8. Reporting regime

Traders shall make reports on import of HCFCs, using the form provided in Appendix VIIb to this Circular to the Ministry of Industry and Trade, including:

1. Quarterly reports on the import of HCFCs under the import licenses granted to them, which shall be sent via postal service to the Ministry of Industry and Trade before the 5^th day of the succeeding quarter.

2. Annual reports on the import under the import licenses granted to them, which explicitly state the current and projected situation of import, and registered import in the succeeding year. The reports shall be sent via postal service to the Ministry of Industry and Trade before December 31 every year.

Appendix VIIb of this Circular replaces Appendix VII of Circular No. 47. In case of necessity, the traders shall make reports on the contents related to the import of HCFCs upon request of the Ministry of Industry and Trade (the Agency of Foreign Trade).”

Article 21. To amend and supplement a number of articles of Circular No. 28/2012/TT-BCT dated September 27, 2012 of the Minister of Industry and Trade detailing registration of import and export rights of foreign business entities without a presence in Vietnam

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

“1. Annual business reports of traders without presence must be audited financial statements and made according to Form BC provided in Appendix I to this Circular. The reports must be translated into Vietnamese and the translation thereof shall be legalized by the consular service or certified by a Vietnamese notary. The reports shall be sent annually via postal service to the Agency of Foreign Trade under the Ministry of Industry and Trade no later than March 31 of the succeeding year.”

Article 22. To amend and supplement a number of articles of Circular No. 37/2013/TT-BCT dated December 30, 2013 of the Minister of Industry and Trade providing the import of cigarettes and cigar

To add Clause 3 to Article 10 as follows:

“3. Periodic reports on the import of cigarettes and cigars shall be sent in person or via postal service.”

Article 23. To amend and supplement a number of articles of Circular No. 01/2018/TT-BCT dated February 27, 2018 of the Minister of Industry and Trade on prescribing in detail goods traded or transferred via secondary border gates and border crossings by traders

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

“b) Assign provincial-level Departments of Industry and Trade to assume the prime responsibility for, and coordinate with relevant authorities in, closely monitoring the implementation of this Circular in their respective localities; sending information and reports in writing via postal service to the Ministry of Industry and Trade (the Agency of Foreign Trade) on a periodic basis before the 20^th day of every month or ad-hoc reports upon request. Statistical forms and templates enclosed with reports on goods trading and transfer of traders shall be made according to the form provided in Appendix II to this Circular.”

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

“3. Traders involved in trading or transfer of goods via secondary border gates and border crossings shall:

On a monthly (before the 20^th day of every month) or ad-hoc basis, send written reports, made according to the form provided in Appendix II to this Circular, via postal service to Departments of Industry and Trade of the border provinces when trading and transferring goods via secondary border gates and border crossings in the respective provinces.”

Article 24. To amend and supplement a number of articles of Circular No. 02/2018/TT-BCT dated February 27, 2018 of the Minister of Industry and Trade, detailing the List of goods purchased, sold and exchanged by border residents

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

“b) Assign provincial-level Departments of Industry and Trade to assume the prime responsibility for, and coordinate with relevant authorities of the respective provinces in, sending information and reports in writing via postal service to the Ministry of Industry and Trade (the Agency of Foreign Trade) on a periodic basis before the 20^th day of every month and ad-hoc reports upon request. Statistical forms and templates enclosed with the periodic reports on goods purchase, sale and exchange of border residents shall be made according to Appendix II to this Circular.”

Article 25. To amend and supplement a number of articles of Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade on detailing a number of articles of the Law on Foreign Trade Management and Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management

To amend and supplement Clause 4, Article 15 as follows:

“4. The trader shall send via postal service the written quarterly reports before the 10^th day of the first month of the succeeding quarter or ad-hoc reports, made according to the form provided in Appendix XIV to this Circular, on import activities upon request of the Ministry of Industry and Trade (the Agency of Foreign Trade).

Before September 30 every year, the trader shall send a report (instead of the report of the third quarter) via postal service to the Ministry of Industry and Trade (the Agency of Foreign Trade), which assesses the import capacity of such year, requests increase or reduction of the allocated import quotas, or states the quantity of goods impossible to be imported for allocation to another trader.”

Article 26. To amend and supplement a number of articles of Circular No. 30/2018/TT-BCT dated October 01, 2018 of the Minister of Industry and Trade on detailing a number of articles of Decree No. 107/2018/ND-CP dated August 15, 2018 of the Government on rice export

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

“1. Traders shall make quarterly and annual reports, using Form No. 04 provided in the Appendix to Decree No. 107/2018/ND-CP.

Quarterly reports shall be sent to the Ministry of Industry and Trade before the 20^th day of the first month of the succeeding quarter. Annual reports shall be sent to the Ministry of Industry and Trade before January 20 of the succeeding year.

Electronic files of the reports shall be sent to the Ministry of Industry and Trade (the Agency of Foreign Trade) via email. In case of technical problems affecting the sending of data, traders shall send faxes of their reports to the Ministry of Industry and Trade (via the Agency of Foreign Trade).”

Chapter VII

REGARDING ELECTRICITY

Article 27. To amend and supplement a number of articles of Circular No. 43/2012/TT-BCT dated December 27, 2012 of the Minister of Industry and Trade specifying the management of planning and investment in the construction of hydropower projects, and operation of hydropower structures

1. Change the phrase “Directorate General of Energy” to “Electricity and Renewable Energy Authority” in Clause 1, Article 28.

2. To amend and supplement Clause 3, Article 28 as follows:

“3. On a semi-annual basis before June 20 and December 20 every year, People's Committees of provinces where hydropower projects are located shall send written reports on the management of planning, investment in construction, and operation of the hydropower projects in their respective locality via postal service to the Ministry of Industry and Trade (via the Electricity and Renewable Energy Authority) enclosed with the form provided in Appendix 3 to this Circular.”

3. To add Forms No. 01 and 02 to Appendix 3 to Circular No. 43/2012/TT-BCT (in the Appendices hereto).

Article 28. To amend and supplement a number of articles of Circular No. 27/2013/TT-BCT dated October 31, 2013 of the Minister of Industry and Trade stipulating inspection of electricity-related operations, use of electricity, and settlement of disputes over power purchase and sale agreements

1. To supplement Article 37 as follows:

“Article 37. Reporting regime

1. Before February 15 every year, electricity units in the provincial-level locality shall send written reports on the inspection of electricity use, safety protection of electricity structures and power grids conducted by electricity inspectors of the respective electricity units, made according to Form No. 02 provided in Appendix 4 to this Circular, in person or via postal service to the respective provincial-level Departments of Industry and Trade.

2. Before March 1 every year, provincial-level Departments of Industry and Trade shall send written reports on the organization, training, testing and granting of Certificates of passing the tests, and the granting and revocation of the Electricity Inspector cards; the inspection and handling of violations of electricity-related operations, use of electricity, safety protection of electricity structures and power grids; settlement of disputes over power purchase and sale agreements, made according to Form No. 01 provided in Appendix 4 to this Circular, in person or via postal service to the Electricity Regulatory Authority of Vietnam.

3. Before March 01 every year, Vietnam Electricity shall send a written report on the inspection of electricity use, safety protection of electricity structures and power grids conducted by electricity inspectors of Vietnam Electricity, National Power Transmission Corporation, and Power Corporations, made using Form No. 02 provided in Appendix 4 to this Circular, in person or via postal service to the Electricity Regulatory Authority of Vietnam.”

2. To add Forms No. 01 and 02 to Appendix 4 to Circular No. 27/2013/TT-BCT (in the Appendices hereto).

Article 29. To amend and supplement a number of articles of Circular No. 24/2016/TT-BCT dated November 30, 2016 of the Minister of Industry and Trade specifying a number of regulations on expediting access to electricity

1. To amend and supplement Article 3 as follows:

“Article 3. To amend and supplement Article 27 of Circular No. 43/2013/TT-BCT

“Article 27. Periodic reporting on access to medium voltage grid

The electricity-distributing units shall send semi-annual and annual reports on the investment in construction of electricity structures and connection of customers to distribution grids with separate power stations, made using Form No. 01 provided in the Appendix to this Circular, via postal service to the respective provincial-level Departments of Industry and Trade before July 15 and January 15 every year, respectively.”

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

“2. Every year, People's Committees of provinces and municipalities shall send written reports on the results, assessment of electricity access expedition, made using Form No. 02 provided in the Appendix to this Circular, via postal service to the Ministry of Industry and Trade (via the Electricity and Renewable Energy Authority).”

3. To add Forms No. 01 and 02 to the Appendix to Circular No. 24/2016/TT-BCT (in the Appendices hereto).

Article 30. To amend and supplement a number of articles of Circular No. 19/2017/TT-BCT dated September 29, 2017 of the Minister of Industry and Trade specifying the contents, methodology and process of conducting electrical load research

1. To amend and supplement Article 27 as follows:

“Article 27. Reports on assessment of electrical load samples

Before February 1 every year, Vietnam Electricity shall send via postal service or email the Electricity Regulatory Authority of Vietnam the report on the results of assessment of electrical load samples for electrical load research in the preceding year and adjustment for the current year, including the following contents:

1. Review and improvement of the selection criteria for non-residential electrical load samples.

2. Calculation, design and selection of electrical load samples.

3. Evaluation of the change (if any) in the number of electrical load samples compared to that of the preceding year of the electrical load subgroups, electrical load groups and electrical load components.

4. Evaluation of the list of samples of non-residential electrical loads prepared by electricity-distributing units according to the selection criteria for non-residential electrical load samples.

5. List of electrical load groups and electrical load subgroups for conducting electrical load research.”

2. To add Clause 3 to Article 28 as follows:

“3. The report on results of analysis of electrical load profile must be made in writing and sent via postal service or email to the Ministry of Industry and Trade (via the Electricity Regulatory Authority of Vietnam).”

3. To amend and supplement Article 29 as follows:

“Article 29. Reports on forecasting of electrical load profiles

Before September 1 every year, the Vietnam Electricity and the Power Corporations shall send written reports on forecasting of electrical load profiles under their respective management as well as of the three-regional and national power system with respect to the contents specified in Article 25 of this Circular via postal service or email to the Electricity Regulatory Authority of Vietnam.”

Article 31. To amend and supplement a number of articles of Circular No. 23/2017/TT-BCT dated November 16, 2017 of the Minister of Industry and Trade on prescribing contents and processes for implementation of load adjustment programs

To add Clause 4 to Article 23 as follows:

“4. Reports on results of implementation of load adjustment programs and operation of the power system shall be sent via postal service or email.”

Article 32. To amend and supplement a number of articles of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Ministry of Industry and Trade on providing the development of wind power projects and the model power purchase agreement applicable to wind power projects

To amend and supplement Clause 3, Article 9 as follows:

“3. On an annual basis before January 15 and July 15, provincial-level People’s Committees of the localities where wind power projects are implemented shall send via postal service the Ministry of Industry and Trade (via the Electricity and Renewable Energy Authority) written reports on investment registration and implementation of wind power projects in their respective localities in the 6 preceding months for management and monitoring. The form thereof is provided in Appendix 1 to this Circular.”

Chapter VIII

REGARDING E-COMMERCE

Article 33. To amend and supplement a number of articles of Circular No. 47/2014/TT-BCT dated December 05, 2014 of the Minister of Industry and Trade on the management of e-commerce websites

1. To amend and supplement Clause 2, Article 27 as follows:

“2. Before January 15 every year, traders or organizations conducting credit rating of e-commerce websites shall send reports on results of credit rating of e-commerce websites in the preceding year, made using Forms TMDT-3 and TMDT-4 provided in the Appendix to this Circular, via postal service or their accounts on the E-Commerce Management Portal to the Ministry of Industry and Trade (via the Vietnam E-commerce and Digital Economy Agency).

2. To add Forms TMDT-3 and TMDT-4 to Appendix to Circular No. 47/2014/TT-BCT (in the Appendices hereto).

Chapter IX

REGARDING PROTECTION OF CONSUMER RIGHTS

Article 34. To add the regime of reporting the results of organization of the Consumer Rights Day in the localities regarding protection of consumer rights

On a periodic basis before May 30 every year, People's Committees of provinces and municipalities shall send via postal service or email the Ministry of Industry and Trade (via the Vietnam Competition and Consumer Authority) the written reports on results of organization of the Consumer Rights Day in the localities made using Forms No. BVNTD-01 and BVNTD-02 (in the Appendices hereto).

Chapter X

REGARDING SUPPORTING INDUSTRIES

Article 35. To amend and supplement a number of articles of Circular No. 55/2015/TT-BCT dated December 30, 2015 of the Minister of Industry and Trade specifying the process and procedures for incentive certification and verification of projects on manufacturing of supporting industry products on the list of those prioritized for development

1. To amend the phrase “Heavy Industry Department” to “Industry Agency” at Point a, Clause 2, Article 3; Clause 1, Points c and d Clause 2 Article 11.

2. To amend and supplement Article 10 as follows:

“Article 10. Responsibilities of organizations and individuals

On an annual basis (before January 31 of the succeeding year), organizations and individuals benefited from incentives shall send written reports on the manufacture and trade in supporting industry products eligible for incentives, made using Form No. 01 provided in Appendix 4 to this Circular, via postal service or email to the Ministry of Industry and Trade (via the Industry Agency).”

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

“d) On an annual basis, send summary reports on projects with incentive certification, made using Form No. 02 provided in Appendix 4 to this Circular, via postal service or email to the Ministry of Industry and Trade (via the Industry Agency).”

4. To add Forms No. 01 and 02 to Appendix 4 to Circular No. 55/2015/TT-BCT (in the Appendices hereto).

Chapter XI

ORGANIZATION OF IMPLEMENTATION

Article 36. The electronic reporting information system of the Industry and Trade sector

1. The Ministry of Industry and Trade shall be responsible for building an electronic reporting information system within the scope of its management to meet the requirements and principles specified in Decree No. 09/2019/ND-CP, creating favorable conditions for summarizing and sharing reporting information and saving time and costs for report makers.

2. Report makers can choose to send periodic reports online via the electronic reporting information system of the Ministry of Industry and Trade when the system is officially operational.

Article 37. Effect

1. This Circular takes effect on February 05, 2020.

2. The following regulations shall be annulled:

a) Clause 6, Article 1 of Circular No. 33/2016/TT-BCT dated December 23, 2016 of the Minister of Industry and Trade amending and supplementing a number of articles of Circular No. 36/2015/TT-BCT dated October 28, 2015 on promulgation of the National Technical Regulation for napkin and toilet tissue paper.

b) Article 4 of Circular No. 51/2018/TT-BCT dated December 19, 2018 of the Minister of Industry and Trade amending and supplementing a number of articles of Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Natural Resources and Environment providing the management of the import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer.

c) Clause 20, Article 1 of Circular No. 31/2018/TT-BCT dated October 05, 2018 of the Minister of Industry and Trade amending and supplementing a number of articles of Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electrical activities and consumption of electricity, settlement of disputes concerning power purchase agreements.

d) Article 29 of Circular No. 43/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade specifying the content, process and procedures for formulation, assessment, approval of and adjustment to power development master plans.

3. The current periodic reporting regimes in the Industry and Trade sector must ensure the closing time of reporting data specified in Article 12 of Decree No. 09/2019/ND-CP.

4. Problems that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for guidance and resolution./.

The Minister

Tran Tuan Anh 

* All Appendices are not translated herein.