THE GOVERNMENT -------------- No. 17/2020/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ------------------ Hanoi, February 05, 2020 |
DECREE
On amending and supplementing a number of Articles of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade
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Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to the Law on Chemicals dated November 21, 2007;
Pursuant to the Law on Food Safety dated June 17, 2010;
Pursuant to the Electricity Law dated December 03, 2004 and the Law on amending and supplementing a number of Articles of the Electricity Law dated November 20, 2012;
Pursuant to the Law on Prevention and Control of Tobacco Harms dated June 18, 2012;
Pursuant to the Law on Investment dated November 26, 2014 and the Law on amending and supplementing Article 6 and Appendix 4 on the List of sectors and trades subject to conditional business investment of the Law on Investment dated November 26, 2016;
Pursuant to the Law on Prevention and Control of Harms of Liquor and Beer Abuse dated June 14, 2019;
At the proposal of the Minister of Industry and Trade;
The Government hereby promulgates the Decision on amending and supplementing a number of Articles of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade.
Chapter I
MANUFACTURE, ASSEMBLY AND IMPORT OF AUTOMOBILES AND PROVISION OF AUTOMOBILE WARRANTY AND MAINTENANCE SERVICES SECTOR
Article 1. To amend and supplement a number of Articles of the Government’s Decree No. 116/2017/ND-CP dated October 17, 2017 on prescribing the conditions for manufacture, assembly and import of automobiles and provision of automobile warranty and maintenance services
1. To amend the seventh dash, Point b, Clause 2, Article 2 as follow:
“- As special-use automobiles, special-use passenger cars, special-use cargo trucks and other types of cargo trucks as defined in Vietnamese National Standards TCVN 6211: Road vehicles - types - terms and definitions; and TCVN 7271: Road vehicles - motor vehicles - classification by use purpose.”
2. To amend Point a, Clause 2, Article 6 as follow:
“a) For imported brand-new automobiles
- Imported brand-new automobiles must be managed on quality according the following methods:
+ For imported automobiles manufactured from countries applying the type-certification method, the quality management agency shall evaluate the type based on the results of inspection and testing of quality, technical safety and environmental protection for representative samples and results of assessment of quality assurance conditions at manufacturing establishments;
+ For imported automobiles manufactured from countries applying the self-certification method, the quality management agency shall evaluate the type based on the results of inspection and testing of quality, technical safety and environmental protection for representative samples and through market testing of samples.
- The frequency of evaluation of type is maximum of 36 months.”
3. To amend Clause 3, Article 6 as follow:
“3. The Ministry of Transport shall detail and guide the inspection of technical quality and safety and environmental protection of domestically manufactured and assembled automobiles and imported automobiles in accordance with the law on goods quality and this Decree.”
4. To add the Clause 4, Article 6 as follow:
“4. In the process of manufacture, assembling of automobiles, enterprises must comply with the law on environment protection, occupational safety and hygiene, fire prevention and fighting.”
5. To add Point dd, Clause 1, Article 19 as follow:
“dd) Enterprises importing and temporarily importing automobiles with navigation software containing maps that violate the sovereignty, unity and territorial integrity of the Socialist Republic of Vietnam.”
6. To add Point i, Clause 2, Article 19 as follow:
“i) Enterprises importing and temporarily importing automobiles with navigation software containing maps that violate the sovereignty, unity and territorial integrity of the Socialist Republic of Vietnam.”
7. To amend Point d, Clause 2, Article 22 as follow:
“d) Document proving that the automobile warranty and maintenance facility fully satisfies the conditions prescribed in Clauses 1, 5 and 7, Article 21 of this Decree: 1 copy.”
8. To add Clause 8, Article 27 as follow:
“8. In the process of warranty, maintenance of automobiles, warranty and maintenance facilities must comply with the law on environment protection, occupational safety and hygiene, fire prevention and fighting.”
9. To replace the form 05 of the Appendix attached to the Decree No. 116/2017/ND-CP by the form 15, Section III of the Appendix attached to this Decree.
Article 2. To annul a number of Articles and Clauses of the Government’s Decree No. 116/2017/ND-CP dated October 17, 2017 on prescribing the conditions for manufacture, assembly and import of automobiles and provision of automobile warranty and maintenance services
1. To annul Clause 11, Article 3.
2. To annul Clauses 2, 3, 4 and 5, Article 7.
3. To annul Points e and h, Clause 2, Article 8.
4. To annul Clauses 8, 9 and 10, Article 21.
Chapter II
ELECTRICITY SECTOR
Article 3. To amend and supplement a number of Articles and Clauses of the Government's Decree No. 137/2013/ND-CP dated October 21, 2013 on detailing a number of Articles of the Electricity Law and the Law on amending and supplementing a number of Articles of the Electricity Law and the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amending a number of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade
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