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
1. To amend Point b, Clause 3, Article 6 of the Decree no. 08/2018/ND-CP and Clause 2, Article 30 of the Decree No. 137/2013/ND-CP
a) To amend Point b, Clause 3, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“b) To amend Clause 1, Article 30 as follow:
1. Having technological equipment and devices, transmission lines and transformer stations which are built and installed under approved technical designs, are inspected and pass pre-acceptance tests according to regulations.”
b) To amend Clause 2, Article 30 of the Decree No. 137/2013/ND-CP as follow:
“2. Persons directly involved in technical management possess university or higher degrees in electrical engineering and at least 05 years’ working experience in electricity transmission.
Persons directly involved in operation have been trained in electric and electricity safety and have a certificate of operation in accordance with law.”
2. To amend Point b, Clause 4, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“b) To amend Clauses 1 and 2, Article 31 as follows:
1. Having technological equipment and devices, transmission lines and transformer stations which are built and installed under approved technical designs, are inspected and pass pre-acceptance tests according to regulations.”
2. Persons directly involved in technical management possess university or higher degrees in electrical engineering and at least 03 years’ working experience in electricity distribution.
Persons directly involved in operation have been trained in electric and electricity safety and have a certificate of operation in accordance with law.”
3. To add Article 31a after Article 31 of the Decree No. 137/2013/ND-CP as follow:
“Article 31a. Requirements for fire prevention and fighting in the electric operation process
Organizations that generate, transmit and distribute electricity must comply with the law on fire prevention and fighting.”
4.To amend Clause 5, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“5. To amend Article 32 as follow:
Lawfully established organizations registering for electricity wholesale must satisfy the following conditions:
Persons directly involved in electricity wholesale business management must possess a university or higher degree in one of the following majors: Electrical engineering technology, technology, economics, finance and have at least 05 years’ working experience in electricity trading.
Units meeting the conditions for electricity wholesale may import and export electricity.”
5. To amend Point b, Clause 6, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“b) To amend Clause 1, Article 33 as follow:
1.Persons directly involved in electricity retail business management must possess a university or higher degree in one of the following majors: Electricity, technology, economics, finance and have at least 03 years’ working experience in electricity trading.”
6.To amend Clause 7, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“7. To amend Article 38 as follows:
Article 38. Electricity consultancy operations
1. The conditions for electricity consultancy operations shall be applied only for work items directly related to electricity activities; other work items must comply with the law on construction.
2. Electricity consultancy operations comprise: Consultancy on designing the construction of power works and consultancy on supervision of construction of power works.
3. Electrical works includes:
a) Power plants: Hydro-power, wind power, solar power, thermal power (coal, gas, oil, biomass, solid waste);
b) Works of power lines and transformer stations.
4. The table of grades of electricity works based on their size for use in power consultancy:
| Hydro-power, wind power, solar power | Thermal power | Power lines and transformer stations |
Grade 1 | Unlimited capacity scale | Unlimited capacity scale | Unlimited scale voltage level |
Grade 2 | Up to 300 MW | Up to 300 MW | Up to 220 kV |
Grade 3 | Up to 100 MW | | Up to 110 kV |
Grade 4 | Up to 30 MW | | Up to 35 kV |
7.To amend the title of Article 39 of the Decree No. 137/2013/ND-CP as follow:
“Article 39. Conditions for the grant of licenses of consultancy of designing hydro-power plant”.
8. To amend Clause 8, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“8. To amend some contents of Article 39 as follows:
a) Lawfully established organizations registering for consultancy of designing hydro-power plant must satisfy the following conditions:
b) To amend Clauses 3 and 6, Article 39 as follows:
3. The consultant holding the position of director must have an university or higher degree in electrical engineering, hydro-power or irrigation; have at least 05 years’ working experience in consultancy; have chaired at least 01 project or participated in designing at least 02 projects of hydro-power plants of equivalent grade; have construction practice certificates in the field of equivalent design.
6. Other consultants must have a university or higher degree in one of the following majors: Geodesy, geology, construction, irrigation, hydro-power, electricity, electrical systems, electrical equipment, and automation; have at least 05 years’ working experience in consultancy, have been involved in designing at least 01 hydro-power plant project of equivalent grade; have construction practice certificates in the field of equivalent design.”
9. To add Article 39a after Article 39 of the Decree No. 137/2013/ND-CP as follow:
“Article 39a. Conditions for the grant of licenses of consultancy of designing wind power and solar power plant
Lawfully established organizations registering for consultancy of designing wind power and solar power plant must satisfy the following conditions:
1. The consultant holding the position of director must have a university or higher degree in electrical engineering or recycled energy; have at least 05 years’ working experience in consultancy; have chaired at least 01 project or participated in designing at least 02 projects of wind power and/or solar power plants of equivalent grade; have construction practice certificates in the field of equivalent design.
2. Other consultants must have a university or higher degree in one of the following majors: Geodesy, geology, construction, recycled energy, electricity, electrical systems, electrical equipment, and automation; have at least 05 years’ working experience in consultancy, have been involved in designing at least 01 wind power and/or solar power plant project of equivalent grade; have construction practice certificates in the field of equivalent design.”
10. To amend the title of Article 40 of the Decree No. 137/2013/ND-CP as follow:
“Article 40. Conditions for the grant of licenses of consultancy of designing thermal power plant”
11. To amend Clause 9, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“9. To amend some contents of Article 40 as follows:
a) Lawfully established organizations registering for consultancy of designing thermal power plant must satisfy the following conditions:
b) To amend Clauses 3 and 6, Article 40 as follows:
3. The consultant holding the position of director must have a university or higher degree in electrical engineering or thermal power; have at least 05 years’ working experience in consultancy; have chaired at least 01 project or participated in designing at least 02 projects of thermal power plants of equivalent grade; have construction practice certificates in the field of equivalent design.
6. Other consultants must have a university or higher degree in one of the following majors: Geodesy, geology, construction, electricity, thermal power, electrical equipment, and automation; have at least 05 years’ working experience in consultancy, have been involved in designing at least 01 thermal power plant project of equivalent grade; have construction practice certificates in the field of equivalent design.”
12. To amend the title of Article 41 of the Decree No. 137/2013/ND-CP as follow:
“Article 41. Conditions for the grant of licenses of designing power lines and transformer stations”
13. To amend Clause 10, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“10. To amend some contents of Article 41 as follows:
a) Lawfully established organizations registering for consultancy of designing power lines and transformer stations must satisfy the following conditions:
b) To amend Clauses 3 and 6, Article 41 as follows:
3. The consultant holding the position of director must have a university or higher degree in electrical engineering; have at least 05 years’ working experience in consultancy; have chaired at least 01 project or participated in designing at least 02 projects of power lines and transformer stations of equivalent grade; have construction practice certificates in the field of equivalent design.
6. Other consultants must have a university or higher degree in one of the following majors: Geodesy, geology, construction, electricity, electrical systems, electrical equipment, and automation; have at least 05 years’ working experience in consultancy, have been involved in designing at least 01 power line and transformer station project of equivalent grade; have construction practice certificates in the field of equivalent design.”
14. To amend the title of Article 42 of the Decree No. 137/2013/ND-CP as follow:
“Article 42. Conditions for the grant of hydro-power plant construction supervision consultancy licenses”
15. To amend Clause 11, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“11. To amend some contents of Article 42 as follows:
a) Lawfully established organizations registering for consultancy of construction supervision of hydro-power plant must satisfy the following conditions:
b) To amend Clauses 3 and 6, Article 4 as follows:
3. The consultant holding the position of chief supervisor must have a university or higher degree in electrical engineering or hydro-power or irrigation; have at least 05 years’ working experience in consultancy; have held the position of chief supervisor of at least 01 project or participated in supervising the construction of at least 02 projects of hydro-power plants of equivalent grade; have construction practice certificates in the field of equivalent construction supervision.
6. Other consultants must have a university or higher degree in one of the following majors: Construction, hydro-power, irrigation, electricity, electrical systems, electrical equipment, and automation; have at least 05 years’ working experience in consultancy, have been involved in supervising the construction of at least 01 hydro-power plant project of equivalent grade; have construction practice certificates in the field of equivalent construction supervision.”
16. To add Article 42a after Article 4 of the Decree No. 137/2013/ND-CP as follow:
“Article 42a. Conditions for the grant of wind power and/or solar power plant construction supervision consultancy licenses
Lawfully established organizations registering for consultancy of construction supervision of wind power and/or solar power plant must satisfy the following conditions:
1. The consultant holding the position of chief supervisor must have a university or higher degree in electrical engineering or recycled energy; have at least 05 years’ working experience in consultancy; have held the position of chief supervisor of at least 01 project or participated in supervising the construction of at least 02 projects of wind power and/or solar power plants of equivalent grade; have construction practice certificates in the field of equivalent construction supervision.
2. Other consultants must have a university or higher degree in one of the following majors: Construction, recycled energy, electricity, electrical systems, electrical equipment, and automation; have at least 05 years’ working experience in consultancy, have been involved in supervising the construction of at least 01 wind power and/or solar power plant project of equivalent grade; have construction practice certificates in the field of equivalent construction supervision.”
17. To amend Point b, Clause 12, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“b) To amend Clauses 3 and 6, Article 43 as follows:
3. The consultant holding the position of chief supervisor must have a university or higher degree in electrical engineering or thermal power; have at least 05 years’ working experience in consultancy; have held the position of chief supervisor of at least 01 project or participated in supervising the construction of at least 02 projects of thermal power plants of equivalent grade; have construction practice certificates in the field of equivalent construction supervision.
6. Other consultants must have a university or higher degree in one of the following majors: Construction, thermal power, electricity, electrical equipment, and automation; have at least 05 years’ working experience in consultancy, have been involved in supervising the construction of at least 01 thermal power plant project of equivalent grade; have construction practice certificates in the field of equivalent construction supervision.”
18. To amend Point b, Clause 13, Article 6 of the Decree No. 08/2018/ND-CP as follow:
“b) To amend Clauses 3 and 6, Article 44 as follows:
3. The consultant holding the position of chief supervisor must have a university or higher degree in electrical engineering; have at least 05 years’ working experience in consultancy; have held the position of chief supervisor of at least 01 project or participated in supervising the construction of at least 02 projects of power lines and transformer stations of equivalent grade; have construction practice certificates in the field of equivalent construction supervision.
6. Other consultants must have a university or higher degree in one of the following majors: Construction, electricity, electrical systems, electrical equipment, and automation; have at least 05 years’ working experience in consultancy, have been involved in supervising the construction of at least 01 power line and transformer station of equivalent grade; have construction practice certificates in the field of equivalent construction supervision.”
19. To amend Article 45 of the Decree No. 137/2013/ND-CP as follow:
“Article 45. Competence of grant, modification, supplementation of electricity activity licenses
1. Competence of revocation of electricity activity licenses
a) The Ministry of Industry and Trade is competence to grant the electricity activity license for activities of electricity transmission and power generation of major power plants which are particularly important to socio-economic, national defense and security in the approved List by the Prime Minister.
b) The Electricity Regulatory Authority of Vietnam is competence to grant the electricity activity license for the activity of power distribution, electricity wholesale and retail, power consultancy and power generation of power plants which have capacity of 03 MW or more and do not fall into cases specified in Point an of this Clause;
c) Provincial-level People’s Committees are competence to grant the electricity activity license for organizations and individuals engaging in small-scale electricity activities within their respective localities under the guidance of the Ministry of Industry and Trade.
2. Electricity activity licenses may be modified and supplemented in the following cases:
a) At the request of licensed organizations or individuals when there is a change in one of the contents of their electricity activity licenses;
b) In necessary cases, for the purpose of protecting socio-economic interests and public interests, licensing agencies may modify and supplement electricity activity licenses related to power transmission and distribution. The modification and supplementation must conform to licensed units’ capacity.
c) If there is any error in the contents written in the granted license, the licensing agency shall be responsible for the modification of such license.”
Article 4. To annul a number of Articles and Clauses of Decree No. 137/2013/ND-CP
1.To annul Clauses 4 and 6, Article 29.
2. To annul Clause 5, Article 39.
3. To annul Clause 5, Article 40.
4. To annul Clause 5, Article 41.
5. To annul Clause 5, Article 42.
6. To annul Clause 5, Article 43.
7. To annul Clause 5, Article 44.
Chapter III
CHEMICAL SECTOR
Article 5. To amend Article 13 of 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
“Article 13. To amend Point d, Clause 1, Article 17 of the Government’s Decree No. 38/2014/ND-CP of May 06, 2014, on management of chemicals subject to control under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction
d) Papers and documents meeting the conditions prescribed at Points h and i, Clause 1, Article 15 of this Decree.”
Article 6. To amend and supplement a number of Articles and Clauses of the Government’s Decree No. 38/2014/ND-CP of May 06, 2014, on management of chemicals subject to control under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 on amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade
1.To amend Point a, Clause 1, Article 15 of the Decree No. 38/2014/ND-CP as follow:
“a) Being a lawfully established enterprise;”
2. To amend Clause 1, Article 16 of the Decree No. 38/2014/ND-CP as follow:
“1. An organization or individual that wishes to produce Schedule 2 and Schedule 3 chemicals must satisfy the following conditions:
a) Being a lawfully established enterprise;
b) Satisfying the conditions of human resources prescribed at Points h and i, Clause 1, Article 15 of this Decree.”
3. To add Article 18a after Article 18 of the Decree No. 38/2014/ND-CP as follow:
“Article 18a. General conditions of the production Schedule 2, Schedule 3, DOC and DOC-PSF chemicals
1. Having a chemical gas emission and waste treatment system as required by the law on environment and current national technical regulations on industrial gas emissions, hazardous waste threshold and solid waste.
2. Having vehicles for transportation of chemicals from the production facility to the place of delivery suitable to chemicals. In case the facility has no vehicle, it must sign contracts with facilities capable for chemical transportation.
3. Complying with regulations of law on environmental protection, safety, labor hygiene and fire prevention and fighting.”
4. To amend Clause 1, Article 19 of the Decree No. 38/2014/ND-CP as follow:
“1. Conditions of an importer or exporter
a) Being a lawfully established enterprise;
b) Having purchasing or selling activities with organizations or individuals of member countries of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.”
5. To amend Point b, Clause 2, Article 19 of the Decree No. 38/014/ND-CP as follow:
“b) A copy of the enterprise registration certificate or investment certificate or business registration certificate.”
6. To add Point c, Clause 3, Article 19 of the Decree No. 38/2014/ND-CP as follow:
“c) The Prime Minister shall grant licenses for the import and export of Schedule 1 chemicals; the Ministry of Industry and Trade shall grant licenses for the import and export of Schedule 2 and Schedule 3 chemicals”
7.To amend Clause 1, Article 20 of the Decree No. 38/2014/ND-CP as follow:
“1. Conditions for the production of DOC and DOC-PSF chemicals
a) Being a lawfully established enterprise;
b) Satisfying the conditions of human resources prescribed at Points h and i, Clause 1, Article 15 of this Decree.”
Article 7. To annul a number of Articles and Clauses of the Government’s Decree No. 38/2014/ND-CP of May 06, 2014, on management of chemicals subject to control under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction and the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 on amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade
1.To annul a number of Articles and Clauses of the Decree No. 38/2014/ND-CP
a) To annul Points b, e and g, Clause 1, Article 15;
b) To annul Point c, Clause 1, Article 17.
2. To amend Point dd, Clause 1, Article 15 of the Decree No. 38/2014/ND-CP which is amended by Article 9 of the Decree No. 77/2016/ND-CP.
Article 8. To amend and supplement a number of Articles and Clause of the Government’s Decree No. 113/2017/ND-CP of October 09, 2017 on detailing and guiding the implementation of a number of Articles of the Law on Chemicals
1. To add Clause 11 to Article 1 as follow:
“11. The following products are not subject to the regulated chemicals of this Decree:
a) Medicine; bactericidal preparations, insecticides, foodstuffs and cosmetics;
b) Animal feeds, veterinary medicine, plant protection products; organic fertilizers, bio-fertilizers, mixed chemical fertilizers, organic mineral fertilizers, bio-mineral fertilizers; products for preserving and processing agricultural, forestry, marine and food products;
c) Radioactive substance; building material; paint, ink, glue and cleaning products used in the household sector;
d) Petrol, oil; condensate, naphtha used in processing petrol and oil.”
2. To amend Clause 1, Article 3 as follow:
“1. Chemical production means activities to create chemicals through chemical reactions or bio-chemical, chemico-physical or physical processes such as extracting, concentrating, diluting, mixing and other chemico-physical or physical processes excluding activities of unintentional chemical emissions.”
3. To amend Point a, Clause 1, Article 9 as follow:
“a) Being organization or individual established in accordance with law provisions.”
4. To amend Point a, Clause 2, Article 9 as follow:
“a) Being organization or individual established in accordance with law provisions.”
Article 9. To annul a number of Articles and Clause of the Government’s Decree No. 113/2017/ND-CP of October 09, 2017 on detailing and guiding the implementation of a number of Articles of the Law on Chemicals
1. To annul Point c, Clause 1, Points c and dd, Clause 2, Article 9.
2. To annul Point b, Clause 1 and Point b, Clause 2, Article 11.
3. To annul some chemicals in the List of industrial chemicals subject to conditional production and trading of Appendix I attached to the Government’s Decree No. 113/2017/ND-CP dated October 09, 2017 as follow:
No. | Name of chemical in Vietnamese | Name of chemical in English | HS code | CAS code | Chemical formula |
19. | 1-Amino-3-metyl benzen | 1-Amino-3-methylbenzene | 29214300 | 108-44-1 | C7H9N |
20. | 1-Amino-4-metyl benzen | 1-Amino-4-methylbenzene | 29214300 | 106-49-0 | C7H9N |
90. | Beri nitrat | Beryllium nitrate | 28342990 | 13597-99-4 | Be(NO3)2 |
93. | 1,1’-Biphenyl, hexabrom- | 1,1’-Biphenyl, hexabromo- | 29039900 | 36355-01-8 | C12H4Br6 |
123. | Butyl toluen (p-tert-Butyltoluen) | Butyl toluene (p-tert-Butyltoluene) | 29029090 | 98-51-1 | C11H16 |
159. | Clo diflo metan (R-22) | Chlorodifluoromethane (R-22) | 29037100 | 75-45-6 | CHF2Cl |
175. | 2-Clo phenol | 2-Chlorophenol | 29081900 | 95-57-8 | C6H5OCl |
178. | 3-Clo toluidin | 3-Chloro-p-toluidine | 29214300 | 95-74-9 | C7H8NCl |
179. | 4-Clo toluidin | 4-Chloro-o-toluidine | 29214300 | 95-69-2 | C7H8NCl |
180. | 5-Clo toluidin | 5-Chloro-o-toluidine | 29214300 | 95-79-4 | C7H8NCl |
181. | 1-Clo-2,2,2-trifloetan | 1-Chloro-2,2,2-trifluoroethane | 29037900 | 75-88-7 | C2H2F3Cl |
191. | Demeton-s-(O,O-Dietyl S-2-etylthio etyl photphorothioat) | Demeton-s-(O,O-Diethyl S-2-ethylthio ethyl phosphorothioate) | 29309090 | 126-75-0 | C8H19O3S2P |
201. | Dibenz(a,h) anthracen | Dibenz(a,h) anthracene | 29029090 | 53-70-3 | C22H14 |
216. | 2,6-Dichlor-4-nitroanilin | 2,6-Dichlor-4-nitroanilin | 29214200 | 99-30-9 | C6H4Cl2N2O2 |
247. | Diisobutyl amin | Diisobutylamine | 29211900 | 110-96-3 | C8H19N |
265. | Dimetyl thiophotphoryl clo | Dimethyl thiophosphoryl chloride | 29209090 | 2524-03-0 | C2H6O2ClSP |
289. | 2,3-Epoxy-1-propanol | 2,3-Epoxy-1-propanol | 29109000 | 556-52-5 | C3H6O2 |
291. | Ethalfluralin | Ethafluralin | 29049000 | 55283-68-6 | C13H14F3N3O4 |
296. | Etyl cacbany | Ethyl carbamate | 29241900 | 51-79-6 | C3H7O2N |
324. | Etyl benzen | Ethylbenzene | 29026000 | 100-41-4 | C8H10 |
351. | Hexahydro-1-metyl phthalic anhydrit | Hexahydro-1-methyl phthalic anhydride | 29172000 | 48122-14-1 | C9H12O3 |
352. | Hexahydro-3-metyl phthalic anhydrit | Hexahydro-3-methyl phthalic anhydride | 29172000 | 57110-29-9 | C9H12O3 |
354. | Hexahydrometyl phthalic anhydrit | Hexahydromethyl phthalc anhydride | 29172000 | 25550-51-0 | C9H12O3 |
443. | Magie photphua | Magnesium phosphide | 28480000 | 12057-74-8 | Mg3P2 |
490. | Metyl pentadien | Metyl pentadiene | 29012990 | 926-56-7 | C6H10 |
550. | Nicotin salicylat | Nicotine salicylate | 29399990 | 29790-52-1 | C7H6O3 |
558. | Nitrofen | Nitrofen | 29093000 | 1836-75-5 | C12H7O3NCl2 |
563. | 2-Nitrotoluen | 2-Nitrotoluene | 29042090 | 88-72-2 | C7H7O2N |
564. | 3-Nitrotoluen | 3-Nitrotoluene | 29042090 | 99-08-1 | C7H7O2N |
565. | 4-Nitrotoluen | 4-Nitrotoluene | 29042090 | 99-99-0 | C7H7O2N |
588. | Oxy diflorua | Oxygen difluoride | 28129000 | 7783-41-7 | F2O |
592. | Pentaboran | Pentaborane | 28500000 | 19624-22-7 | B5H9 |
605. | Phenyl clo fomat | Phenyl chloroformate | 29159090 | 1885-14-9 | C7H5N2Cl |
606. | Phenyl isoxyanat | Phenyl isocyanate | 29291090 | 103-71-9 | C7H5ON |
611. | Phenyl triclo silan | Phenyltrichlorosilane | 29319090 | 98-13-5 | C6H5Cl3Si |
662. | Tali | Thallium | 81125200 | 7440-28-0 | TI |
666. | Dipentene | Dipentene | 29021900 | 68956-56-9 | C10H16 |
688. | Thiabendazol | Thiabendazole | 29341000 | 148-79-8 | C10H7N3S |
690. | Thiodicarb | Thiodicarb | 29309090 | 59669-26-0 | C10H18N4O4S3 |
706. | Tributyl amin | Tributylamine | 29211900 | 102-82-9 | C12H27N |
707. | Triclo axetyl clorua | Trichloroacetyl chloride | 29159090 | 76-02-8 | C2Cl4O |
716. | 2,2,2-triclo-1,1-bis(4-clophenyl) etanol | 2,2,2-trichloro-1,1-bis(4- chlorophenyl) ethanol | 29062900 | 115-32-2 | C14H9Cl5O |
717. | Tricresyl photphat | Tricresyl phosphate | 29199000 | 1330-78-5 | C21H21O4P |
743. | Vinryl benzen (Styren) | Vinryl benzene (Styrene) | 29025000 | 100-42-5 | C8H8 |
744. | Vinryl brom | Vinryl bromide | 29033990 | 593-60-2 | C2H3Br |
Chapter IV
FOODS TRADING SECTOR
Article 10. To amend and supplement a number of Articles and Clauses of the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 on amending and supplementing a number of provisions on investment and business conditions in the fields of international goods trading, chemicals, industrial explosives, fertilizers, gas trading, and food trading under the state management of the Ministry of Industry and Trade 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
1. To amend Article 24 of the Decree No. 77/2016/ND-CP as follow:
“Article 24. General requirements for facilities producing and trading in the field of food safety
1. Food production and trading facilities that are required to have a certificate of satisfaction of food safety conditions must:
Fully satisfying the conditions for ensuring food safety suitable to each type of food production or trading as prescribed in Sections 2, 3, 4, 5, 6 and 7, Chapter VI of this Decree.
2. Food production and trading facilities that are not required to possess a certificate of satisfaction of food safety conditions must:
a) Fully satisfying the conditions for ensuring food safety suitable to each type of food production and trading in accordance with the Law on Food Safety;
b) Subjects specified in Points a, b, c, d, dd, e, g, h and i, Clause 1, Article 12 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on detailing a number of Articles of the Law on Food Safety shall:
Send a commitment to a competent agency appointed by the provincial-level People’s Committee to manage food safety in the locality.
c) Subjects specified in Point k, Clause 1, Article 12 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on detailing a number of Articles of the Law on Food Safety shall:
Send a copy of Certificate (verified by food production and trading facility) in accordance with Point k, Clause 1, Article 12 of the Decree No. 15/2018/ND-CP to a competent agency appointed by the provincial-level People’s Committee to manage food safety in the locality.”
2. To amend and supplement some Points and Clauses of Article 26 of the Decree No. 77/2016/ND-CP as follows:
a) To amend Point c, Clause 2, Article 26 as follow:
“c) The raw materials storage warehouse, finished products warehouse; preliminary processing, processing and packaging areas; toilets; protective clothing change rooms and relevant auxiliary areas shall be designed to be separate. Raw materials, finished foods and materials including foods and waste shall be separately placed. For a production facility, products preserved in finished goods warehouses shall be arranged separately in lots and have the following information on: Name of product, lots of goods, date of production and production shift.”
b) To amend Point dd, Clause 2, Article 26 as follows:
“dd) The waste collection and disposal area must be outside the food production area and equipped full tools and having adequate waste and garbage containers. Waste and garbage containers must be tightly covered, and cleaned on a regular basis.”
c) To amend Points c, d and dd, Clause 3, Article 26 as follows:
“c) Walls and ceilings must be flat, non-absorbent, crack-free, dirt-free and be easy to clean;
d) Floors must be flat, smooth, non-slippery, well-drained and waterproof;
dd) Front doors and windows must ensure to prevent the penetration of insects or domestic animals.”
d) To amend Clause 9, Article 26 as follows:
“9. Toilets and locker rooms:
a) Toilets must be separated from the food production area; toilet doors shall not be opened into the food production area; ensure that the wind does not blow from the toilet to the production area. The board “Wash your hands after using the toilet” shall be hung at a noticeable place in the toilet;
b) The air ventilation of toilets is not directed to production areas;
c) There are rooms for changing protective clothing.”
dd) To add Clauses 11, 12 and 13, Article 26 as follows:
“11. The area of production, processing, packaging, transportation, storage and trading of food must be clean.
12. Having a separate place for sample storage and sample storage records, ensuring compliance with the regime of sample storage and destruction according to storage requirements of each sample.
13. Having a separate area for temporarily storing substandard products pending disposal.”
3. To amend Clause 1, Article 27 of the Decree No. 77/2016/ND-CP which is amended by Clause 1, Article 17 of the Decree No. 08/2018/ND-CP as follow:
“1. Equipment and instruments in direct contact with food shall be designed and manufactured to satisfy production technology requirements; be safe and must not contaminate food.”
4. To amend some Points and Clauses of Article 27 of the Decree No. 77/2016/ND-CP as follows:
a) To amend Point a, Clause 2, Article 27 as follow:
“a) Having adequate equipment for washing and disinfection before food production.”
b) To amend Point b, Clause 3, Article 27 as follow:
“b) Being made of non-toxic which must not transfer contamination and cause strange odor to or modify food.”
5. To amend Clauses 1 and 2, Article 28 of the Decree No. 77/2016/ND-CP as follows:
“1. A person who directly participates in the food production must be trained about food safety and certificated by a facility’s owner.
2. A person who directly participates in the food production must satisfies health requirements; does not suffer diseases such as cholera, dysentery, typhoid, hepatitis A or E, infectious dermatitis, pulmonary tuberculosis and acute diarrhea.”
6. To amend Clauses 4 and 5, Article 29 of the Decree No. 77/2016/ND-CP as follows:
“4. Food materials and products shall be packed and preserved at positions at least 10 cm, 30 cm and 50 cm far away from the floor, the wall and the ceiling, respectively. Food shall be stacked in the warehouse in conformity with the stacking height instructed by the food producer.
5. Having equipment and devices for adjusting temperature, humidity, air ventilation and elements affecting food safety; having suitable specialized devices to monitor and control modes of preservation for each type of food or material as instructed by producers.”
7. To amend Clauses 7 and 8, Article 30 of the Decree No. 77/2016/ND-CP as follows:
“7.Floors must be flat, smooth, non-slippery, well-drained and waterproof.
8. Walls and ceilings must be flat, non-absorbent, crack-free, dirt-free and be easy to clean.”
8. To amend Clause 1, Article 31 of the Decree No. 77/2016/ND-CP as follow:
“1. Having adequate equipment serving the food trading and preservation as required for each type of food and by the food producer.
9. To amend Clause 1 Article 32 of the Decree No. 77/2016/ND-CP as follow:
“1. A person directly selling food must satisfy the conditions prescribed in Clauses 1, 2 and 2, Article 28 of this Decree.
10. To amend Clause 1 Article 33 of the Decree No. 77/2016/ND-CP as follow:
“1. The food safety conditions in food preservation must be implemented as prescribed in Clause 4 Article 29 of this Decree.”
11. To amend Clause 8 Article 34 of the Decree No. 77/2016/ND-CP as follow:
- For raw milk material warehouses:
Intermediary milk purchasing stations must have chilling systems and equipment, devices and chemicals to test the quality of raw milk, and shall keep samples of purchased milk; raw milk tanks must have a heat-insulating layer and an inner layer made of contamination-resistant material that can maintain a temperature of 4oC-6oC; the storage period of raw milk must not exceed 48 hours, counting from the time of milking to the time of processing; milk tanks shall be cleaned to be satisfied food safety conditions for the next use;
12. To supplement Clause 10 Article 35 of the Decree No. 77/2016/ND-CP as follow:
“10. To comply with the regulations prescribed in the Decree No. 77/2016/ND-CP.”
13. To amend a number of point and Clause of Article 36 of the Decree No. 77/2016/ND-CP as follow:
a) To amend Clause 3, Article 36 as follows:
“d) Fermentation area:
- In case yeast is propagated right in the production area: the yeast propagation area shall be designed in a way that can ensure asepsis, and equipped with a disinfection system; and the yeast propaganda equipment shall be controlled to ensure yeast quality;
- In case the yeast is produced outside the production area, there must be devices and equipment to ensure yeast safety and avoid contamination during the process of yeast delivery and receipt.
b) To amend point a Clause 7, Article 36 as follows:
a) For solid waste:
Brewing grains shall be collected once every 48 or fewer hours to avoid cross-contamination during production;”
14. To amend Clause 8 Article 37 of the Decree No. 77/2016/ND-CP as follow:
“8. Filling or bottling equipment:
Must be shielded to prevent harmful agents during operation, must have hygiene and bactericidal procedures.
15. To amend Clause 6 Article 38 of the Decree No. 77/2016/ND-CP as follow:
“6. a) For solid waste
Waste oil, after pressing and extraction, shall be collected into a separate place with an area suitable to the design capacity of the production line, cleaned once every 48 or fewer hours to avoid cross-contamination in the production process;
16. To amend point b Clause 6 Article 38 of the Decree No. 77/2016/ND-CP as follow:
b) The phase of vegetable oil filling or bottling
- The filling or bottling process shall be observed by devices or humans to ensure the quantity, quality and food safety of the product.”
17. To amend Clause 4 Article 39 of the Decree No. 77/2016/ND-CP as follow:
“4. Filling or bottling equipment must be shielded to prevent harmful agents during operation, must have hygiene and bactericidal procedures.
Article 11. To annul a number of articles and clauses of the Government’s Decree No. 77/2016/ND-CP of July 1, 2016, amending and supplementing a number of regulations on business investment conditions in the field of international goods sale and purchase; chemicals; industrial explosives; fertilizers; gas trading; and food trading under the state management of the Ministry of Industry and Trade
1. To annul Point a and b, Clause 1; Point d Clause 2; Point a Clause 5; Point a Clause 6; Clause 7; and Point a, Clause 8, Article 26.
2. To annul point b Clause 2; Point c Clause 3; and Point a Clause 4, Article 27.
3. To annul Clause 3, Article 28.
4. To annul Clause 1 and 2, Article 30.
5. To annul Clause 2, Article 32.
6. To annul point dd Clause 5; Point c Clause 8; point b and d Clause 9; Clause 10 and 11, Article 34.
7. To annul Clause 2, 3, 5 and 8, Article 35.
8. To annul point b Clauses 3; Point dd Clause 5; point a and b Clause 8; point a and b Clause 9 of Article 36.
9.To annul point a and b Clause 4; Clause 5, 7, and 10, Article 37.
10. To annul point b and dd Clauses 4; Point c Clause 7; point a Clause 8; point c Clause 9 and 11, Article 38.
11. To annul Clause 3, 5 and 7, Article 39.
Article 12. To add Article 24a after Article 24 of the Decree No. 77/2016/ND-CP
“Article 24a. Application for granting of the Certificate of Food Safety Conditions
1. Initial application for granting of the Certificate of Food Safety Conditions
a) An application, made according to Form No. 01a in Appendix attached to this Decree;
b) A copy of Business Registration Certificate or Enterprise Registration Certificate or Investment Certificate in accordance with law provisions.
c) A presentation on physical facility, equipment, tool to ensure food safety condition make according to form No. 02a (for producing facility), form No. 02b (for business facility) or both form No. 02a and form No. 02b (for facility produce and operate business) in Section I Appendix attached to this Decree;
d) The general list of health certificates authorized by the facility owner or health certificate of the facility owner and of the person who directly produce and do the business of food issued by the medical agency at district level or higher.
dd) Certificate of complete the training course on understanding food safety of the person who directly produce and do the business of food.
2. Application for re-grant of the Certificate
a) In case of requirement to re-grant due to the Certificate is lost or damage
A written application, made according to Form No. 01b in Appendix attached to this Decree;
b) In case of requirement to re-grant the Certificate due to the change in production site or business location; change or supplement production procedure, the commodities of business or when the Certificate expire:
- A written application, made according to Form No. 01b in Appendix attached to this Decree;
- The dossier as prescribed in Clause 1, Article 12 of this Decree;
c) In case of requirement to re-grant the Certificate due to change in facility name but the facility owner, the address, the location and the whole production procedure and commodities of business remain unchanged:
- A written application, made according to Form No. 01b in Appendix attached to this Decree;
- Food Safety Certificate of such facility (certified copy of the facility);
- Document certify the change in facility name.
c) In case of requirement to re-grant the Certificate due to change in facility owner but the facility name, the address, the location and the whole production procedure and commodities of business remain unchanged:
- A written application, made according to Form No. 01b in Appendix attached to this Decree;
- Food Safety Certificate of such facility (certified copy of the facility);
- The general list of health certificates authorized by the facility owner or health certificate of the facility owner and of the person who directly produce and do the business of food issued by the medical agency at district level or higher (certified copy of the facility).
3. Requirer of granting Certificate of Food Safety Conditions tent authority or via post service or via online network.”
Article 13. To add Article 24b after Article 24a of the Decree No. 77/2016/ND-CP
“Article 24b. Order and procedure of granting Certificate of Food Safety Conditions
The competent authority shall hold responsibility to receive, examine the eligible of the application, carry out the practical appraise at the facility and grant the Certificate of Food Safety Conditions. Order and procedure of granting the Certificate are:
1. For the first grant
a) To receive, examine the eligible of the application
Within 05 working days from the receipt of the application, the competent authority shall check the eligible of the application; In case of invalid dossier, the competent agency must send a written notice and request the facility to supplement the dossier. After 30 days from the date of notice of requesting the supplement of application, if the facility does not supplement or incomplete, the application shall no longer valid.
b) To set up the Practical appraise team at the facility
Within 15 working days from the date of checking show that the application is complete and valid, the competent authority shall organize the practical appraise at the facility. In case the competent authority authorizes of carry out the practical appraise to the lower level competent authority, there must be the authorization documents. After the appraisal, the competent agency at the lower level must send the appraise report to the superior authority as a basis for granting the certificate.
The Practical appraise team at the facility shall be certificated by the competent authority or be established by the decision of the authorized competent authority. The Practical appraisal team has from 03 to 05 members, including at least 02 members specialized in food or working on food safety (with food or food safety qualifications) or practice management of food safety. The Practical appraisal team is allowed to invite independent experts with appropriate expertise to join. The team leader shall hold responsibility on the result of appraise at the facility.
c) Content of practical appraisal at the facility
- To check the consistency of the application for the certificate to the competent authority with the original file stored at the facility;
- To appraise food safety conditions at the facility as prescribed.
c) Result of practical appraisal at the facility
- The appraisal results must clearly state "Pass" or "Fail" or "Wait for completion" in the minutes of appraisal of food safety conditions for food manufacturers using the form No. 03a, a written record of assessment of food safety conditions for a food business facility, made according to Form No. 03b or Form No. 03a and Form No. 03b for facilities producing and trading food according to Section I of the Appendix enclosed to this Decree.
For general food business establishment, facilities shall be granted Certificate when the business conditions of at least one product group are rated "Pass". Product group are rated "Pass” in accordance with law provisions shall be note in the Certificate of Food Safety Conditions.
- The cases of "Fail" or "Wait for completion" must be state in the minutes of appraisal. The case of "Wait for completion", the maximum time for completion is 60 days from the date of the minutes of appraisal. After remedying at the request of the appraisal team, the facility must submit a report on the remedial results using the form No. 04 prescribed in the Section I Appendix attached to this Decree and submit the appraise fee to the competent authority to carry out re-appraise as prescribed in point c this Clause.
The maximum duration for re-appraise shall be 10 days from the day the competent authority receives the report on remedial results. After 60 days the facility fails to submit the report on remedial results, the dossier for granting the Certificate of Food Safety Conditions and the appraise results with the conclusion that "Waiting for completion" shall no longer valid.
In case the re-evaluation result is "Failed" or the over the deadline for remedying but the facility does not submit the remedial result report, the competent authority shall notify in writing to the local management agency for supervise and require the facility not to operate until it is granted the Certificate.
- The practical appraise minute is made into 02 copies of equal validity, the appraisal team keeps 01 copy and the facility keeps 01 copy.
dd) Grant of the Certificate
Within 05 working days from the date of the practical appraise results at the facility is "Pass", the competent authority shall grant the facility to the facility according to the form No. 05a (for producing facility), form No. 05b (for trading facility), form No. 05c (for producing and trading facility) prescribed in Section I of the Appendix attached to this Decree.
2. Re-grant due to the Certificate due to lost or damage
Within 03 working days from the date of receiving a valid application, based on the stored record, the competent authority which issued the Certificate shall review and reissue such certificate. In case of refusal, there must be a notification in writing and clearly state the reason.
3. In case of re-grant the Certificate due to the change in production site or business location; change or supplement production procedure, the commodities of business or when the Certificate expire:
Order and procedure of granting the Certificate shall be carry out as prescribed in Clause 1 this Article.
4. In case of change in facility name but the facility owner, the address, the location and the whole production procedure and commodities of business remain unchanged:
Within 03 working days from the date of receiving a valid application for re-grant, based on the stored record, the competent authority which issued the Certificate shall review and reissue such certificate. In case of refusal, there must be a notification in writing and clearly state the reason.
5. In case of change in facility owner but the facility name, the address, the location and the whole production procedure and commodities of business remain unchanged:
Within 03 working days from the date of receiving a valid application for re-grant, based on the stored record, the competent authority which issued the Certificate shall review and reissue such certificate. In case of refusal, there must be a notification in writing and clearly state the reason.
6. In case the chain of food business establishments has increased in business establishments, the adjustment of Certificate shall comply with the provisions of Clause 1 of this Article. In case the chain of food business establishments has decreased in business establishments, the adjustment of Certificate shall comply with the provisions of Clause 4 of this Article.
7.In cases where establishments produce and trade in products specified in Clauses 8 and 10, Article 36 of the Government s Decree No. 15/2018/ND-CP dated February 02, 2018, the appraise of establishments conditions shall be implemented according to the regulations for the respective branches and fields.”
Chapter V
MINERAL BUSINESS
Article 14. To amend and supplement Article 1 of the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 on amending and supplementing a number of regulations on business investment conditions in the field of international goods sale and purchase; chemicals; industrial explosives; fertilizers; gas trading; and food trading under the state management of the Ministry of Industry and Trade.
“Article 1. To add Clause 11 to Article 9 of the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 on detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries.
11. Conditions of mineral trade:
a) Being traders as defined in the Commercial Law;
b) Traders are allowed to trade mineral which has lawful origin only.
Lawful origin mineral is the mineral having the origin in one of the following cases:
- Be exploited or collected from mines, mine sites and landfills within the valid time of the License for exploitation or Collect mining permit issued by the competent State agency;
- Minerals are imported according to the declaration of imported goods certified by the border gate customs agency;
- Be confiscated and sold by the competent State agencies.
c) For exported mineral, in addition to meeting the provisions at Points an and b of this Clause, they must also be on the list of categories and meet the criteria and quality requirements prescribed by the Ministry of Industry and Trade. For minerals exported in thorium or uranium-containing contents equal to or greater than 0.05% by weight, there must be a permit for export of radioactive materials from the Ministry of Science and Technology as prescribed in the Law on Radioactive Materials.
d) In cases imported minerals are still in stock because they are not fully consumed in the country, or need to be transferred abroad for analysis, research and testing of processing technology and other special cases:
- Traders shall submit a written request for export, clearly stating the purpose, necessity and information on the origin of minerals, information on trading, technology and processing contracts (if any), information on cooperation, research and testing of processing technologies and handling plans for mineral products after research or testing.
Based on the trader s written request and the policy for each type of mineral for each period, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment and provincial-level People s Committees in localities where minerals are exploited, processed, to review, inspect and report to the Prime Minister for consideration and decision.
dd) Mineral traders must comply with the provisions of law on environmental protection, safety, labor hygiene, fire prevention and fighting."
Chapter VI
GAS BUSINESS
Article 15. To amend a number of articles of the Government’s Decree No. 87/2014/ND-CP of September 9, 2014, on petrol and oil trading
1. To amend Clause 2, Article 6 as follows:
“2. For gas exporters and importers dealing in gas through pipelines, in addition of meeting the conditions specified at Points a, b and c, Clause 1 of this Article, there must also be gas supply stations that meet the prescribed safety conditions specified in Chapter IV of this Decree."
2. To amend Point b, Clause 1, Article 8 as follows:
b) Having gas tanks or contracts on leasing gas tanks or having LPG bottles or LPG bottle lease contracts; "
3. To amend Clause 2, Article 8 as follows:
“2. For gas trader through pipelines, in addition of meeting the conditions specified at Points a, b and c, Clause 1 of this Article, there must also be gas supply stations that meet the prescribed safety conditions specified in Chapter IV of this Decree."
4. To amend Clauses 5 and 7, Article 38 as follows:
“5. For trader of buying and selling LPG only have LPG bottles or rent LPG bottle, in addition of the documents specified at Clause 2 this Article, they must supplement the following documents:
a) A valid copy of LPG bottle inspection certificate;
b) A copy of Certificate of Conformity for LPG bottles.
7.For traders trading in LNG, apart from the documents specified in Clauses 2 and 3 of this Article, additional documents proving that the LNG-granting station satisfies the safety requirements prescribed in Chapter IV of this Decree or LNG station to load into a vehicle which has been issued a valid Certificate.”
5. Adding Clause 4 to Article 60 as follows:
“4. For gas distribution traders, traders who are general agents and/or agents who have been issued a valid Certificate of Eligibility under the Government s Decree No. 19/2016/ND-CP dated March 22, 2016, on gas business shall exercise the rights and perform the obligations prescribed in Article 22 of this Decree."
Chapter VII
LIQUOR BUSINESS
Article 16. To amend a number of articles of the Government’s Decree No. 105/2017/ND-CP dated September 14, 2017, on liquor business
1. To amend Article 4 as follows:
“Article 4. Principles of liquor management
1.Liquor business is on the list of sectors and trades subject to conditional business investment. Organizations and individuals engaged in liquor business have to comply with provision of the Law on Prevention and Control of Harms of Liquor and Beer Abuse and regulations of this Decree.
2. Traders engaged in liquor industrial production, liquor manual production for commercial purposes, liquor distribution, wholesale or retail, or sale of liquor contains alcohol by volume of 5.5 or more must have a license; trader selling liquor contains alcohol by volume of 5.5 or more for on-spot consumption must have licenses; trader of liquor contains alcohol by volume of under 5.5 must register with the Economy and Infrastructure Department at district level; household that manually produce liquor contains alcohol by volume of 5.5 or more to licensed manufactures for further process must register with the People’s Committee at commune level where the manufacturing establishment located.
3. In the process of distributing, wholesaling and retailing liquor, traders must comply with the provisions of law on environmental protection, food safety, fire prevention and fighting.
In the process of on-spot consumption, traders must comply with the provisions on fire prevention and fighting, and on environmental protection as prescribed.
2. To amend Article 5 as follows:
“Article 5. Food quality and safety
Organizations and individuals engaged in liquor business shall declare liquor product, excluding the case of household that manually produce liquor for licensed manufactures for further process. Procedures for announcing products shall be implemented in accordance with regulations of law on food safety and other relevant current legal documents.”
3. To replace the phrase “liquor manually produced for sale to enterprises having liquor industrial production licenses for further processing” in Clause 1 Article 6, Article 10, Article 17, Clause 2 and 3 Article 32 of the Decree No. 105/2017/ND-CP in to the phrase “manually produce liquor for licensed manufactures to further process”
4. To amend the name of Chapter II as follows:
“Chapter II
BUSINESS OF LIQUOR CONTAINS ALCOHOL BY VOLUME OF 5.5 OR MORE”
5. To amend Clause 4 Article 11 as follows:
“4. Having a liquor wholesale system in at least 02 province or centrally run city (including where the wholesaler is headquartered) with at least 01 liquor retailers in each province or centrally run city. In case an enterprise establishes a branch or business location outside its head office for liquor trading, it is not required to get certification from a liquor wholesaler.
6.To amend Clause 4, Article 12 as follows:
“4. Having a liquor wholesale system in the province or centrally run city where the wholesaler is headquartered with at least 01 liquor retailers. In case an enterprise establishes a branch or business location outside its head office for liquor trading, it is not required to get certification from a liquor retailer.
7. To amend Clause 2 Article 14 as follows:
“2. Having the right to lawfully use a fixed place of business which has a clear address and register for on-spot consumption of alcohol with the Economic and Infrastructure Department at district level where the trader locates its business location.”
8. To amend Clause 1 Article 15 as follows:
“1. To sell liquor (directly or through member enterprise and/or affiliated branches) that they produce to traders that have licenses for liquor distribution, liquor wholesale, liquor retail, or sale of liquor for on-spot consumption, and to traders that purchase liquor for export.
9. To add Clause 5 to Article 16 as follows:
“5. To buy liquor of the household and/or individuals who manually produce liquor for further process.”
10. To amend Point b, Clause 1, Article 18 as follows:
“b) To post up valid copies of their licenses granted by competent agencies at their liquor sale places and to purchase and sell liquor strictly according to the contents of these licenses, excluding trader of liquor for on-spot consumption.”
11. To amend Point d, Clause 2, Article 18 as follows:
“d) To directly retail liquor at their business places within provinces and centrally run cities specified in their licenses.”
12. To amend Point d, Clause 3, Article 18 as follows:
“d) To directly retail liquor at their business places within provinces and centrally run cities specified in their licenses.”
13. To amend Clause 5 Article 18 as follows:
“5. Rights and obligations of traders of liquor for on-spot consumption
a) To purchase liquor from domestic liquor producers, liquor distributors, liquor wholesalers and liquor retailers;
b) To directly sell liquor for on-spot consumption at their business places.”
14. To amend Clause 3 Article 19 as follows:
“3. A copy of Liquor Product Declaration or a copy of the Receipt of the regulation conformity declaration or the written certification of declaration of conformity with food safety regulations (for liquor for which no technical regulations have been issued); and a copy of the Certificate of Food Safety Conditions or copy of one of the following documents: Good Manufacturing Practices (GMP), Hazard Analysis System and Critical Control Point (HACCP), Food Safety Management System (ISO 22000), International Food Standards (IFS), Global Standard For Food Safety (BRC), Food Safety System (FSSC 22000).”
15. To amend Clause 3 Article 20 as follows:
“3. A copy of Liquor Product Declaration or a copy of the Receipt of the regulation conformity declaration or the written certification of declaration of conformity with food safety regulations (for liquor for which no technical regulations have been issued); and a copy of the Certificate of Food Safety Conditions; except for the case of a small food business under the provisions of the Law on Food Safety."
16. To amend Clause 5 Article 21 as follows:
“5. Document on the liquor distribution network shall include either of the following document:
a) Copies of principle contracts, letters of confirmation or written commitments to participate in the liquor distribution network from liquor wholesalers enclosed with copies of liquor wholesale licenses of traders expected to participate in the distribution network;
b) Copies of the Branch operation registration certificate of the enterprise or the Business location registration certificate of the enterprise for liquor business."
17. To amend Clause 5 Article 22 as follows:
“5. Document on the liquor wholesale network shall include either of the following document:
a) Copies of principle contracts, letters of confirmation or written commitments to participate in the liquor wholesale network from liquor wholesalers enclosed with copies of liquor wholesale licenses of traders expected to participate in the wholesale network;
b) Copies of the Branch operation registration certificate of the enterprise or the Business location registration certificate of the enterprise for liquor business."
18. To amend Point c, Clause 1, Article 25 as follows:
“c) The Divisions of Economic Affairs or Divisions of Economic Affairs and Infrastructure under the People’s Committees in district level shall grant licenses for liquor manual production for commercial purposes, liquor retail licenses on the area of such locality;”
19. To amend Point c, Clause 2, Article 25 as follows:
c) For the grant of licenses for liquor manual production for commercial purposes, liquor retail:
Within 10 working days after receiving a complete and valid dossier, a competent state agency shall consider and appraise the dossier and grant a license to the trader. In case of refusal, there must be a notification in writing and clearly state the reason.
If finding a dossier incomplete, within 03 working days after receiving it, the licensing agency shall make a written request for dossier supplementation.
20. To amend Point b, Clause 2, Article 28 as follows:
“b) The validity of a license for liquor manual production for commercial purposes, a license for liquor distribution, a license for liquor wholesale, a license for liquor retail is 05 years.”
21. To amend Clause 5 Article 29 as follows:
“5. For liquor retail licenses:
A license shall be made in multiple copies: 02 of which shall be preserved at the licensing agency, 01 sent to the applicant; 1 sent to the provincial-level Department of Industry and Trade, 1 sent to the Market Surveillance Branch, and 1 sent to each liquor producer or another liquor enterprise named in the license.”
22. To amend Point b, Clause 3, Article 30 as follows:
“B) To comply with regulations on state inspection of food safety.”
23. To add Chapter IIa after Chapter II as follow:
“Chapter IIa
BUSINESS OF LIQUOR CONTAINS ALCOHOL BY VOLUME OF UNDER 5.5”
“Article 31a. Condition of manufacturing liquor contains alcohol by volume of under 5.5
1. Being a lawfully established enterprise, cooperative, union of cooperatives or business household.
2. To comply with regulations on state inspection of food safety.
3. To register with the Divisions of Economic Affairs or Divisions of Economic Affairs and Infrastructure under the People’s Committees in district level where the trader locates its manufacturing establishment using the form No. 14 in Section II in Appendix attached to this Decree. In case of change in registered information, the trader shall have to carry out additional registration.
“Article 24b. Condition of importing liquor contains alcohol by volume of under 5.5
1. Satisfying the conditions specified in Clauses 1 and 2, Article 31a of this Decree.
2. Liquor products shall only be imported into Vietnam through international border gates;
3. To register with the Divisions of Economic Affairs or Divisions of Economic Affairs and Infrastructure under the People’s Committees in district level where the trader locates its headquarter before carry out business activities using the form No. 14 in Section II in Appendix attached to this Decree. In case of change in registered information, the trader shall have to carry out additional registration.
“Article 24b. Condition of selling liquor contains alcohol by volume of under 5.5
1. Satisfying the conditions specified in Clauses 1 and 2, Article 31a of this Decree.
2. To register with the Divisions of Economic Affairs or Divisions of Economic Affairs and Infrastructure under the People’s Committees in district level where the trader locates its business location before carry out business activities using the form No. 14 in Section II in Appendix attached to this Decree. In case of change in registered information, the trader shall have to carry out additional registration.
“Article 31d. Rights and obligations of traders of liquor contains alcohol by volume of under 5.5
1. To import liquor and purchase liquor from lawful origin.
2. To ensure the shelf life of liquor products as announced by the manufacturer.
3. To implement their responsibility under the Law on Prevention and Control of Harms of Liquor and Beer Abuse and other law provisions. Be exempt from liquor stamp and labeling as prescribed in the Decree No. 105/2017ND-CP on liquor business.”
24. To amend Clauses 1, 3 and 4, Article 32 as follows:
“1. For liquor contain alcohol by volume of 5.5 or higher, before January 20 every year, traders engaged in liquor industrial production, liquor manual production for trading purposes, liquor distribution, liquor wholesale, liquor retail shall send reports on their previous year’s liquor production and business to the competent licensing state agency, made according to Form No. 08 or 09 in Appendix issued together with this Decree.
3. For liquor contain alcohol by volume of 5.5 or higher, Before February 15 every year, district-level Divisions of Economic Affairs or Divisions of Economic Affairs and Infrastructure shall send reports on liquor manual production for commercial purposes and for sale to enterprises having liquor industrial production licenses for further processing, and on liquor retail in the previous year in their localities to their provincial-level Departments of Industry and Trade, made according to Form No. 11 in Section II of Appendix issued together with this Decree.
4. For liquor contain alcohol by volume of 5.5 or higher, before February 28 every year, provincial-level Departments of Industry and Trade shall send reports on liquor production, distribution, wholesale and retail in the previous year in their localities to the Ministry of Industry and Trade, made according to Form No. 12 in Section II Appendix issued together with this Decree.
25. To change forms No. 01, 02,03, 04, 05, 06, 07, 08, 09, 10, 11, 12 in Appendix issued together with the Decree No. 105/2017/ND-CP on liquor business in to forms No. 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12 in Section II of Appendix issued together with this Decree.
26. To add form No. 13 on Application for sale of liquor for on-spot consumption in Section II of Appendix issued together with this Decree.
Article 17. To annul a number of articles and clauses of the Government’s Decree No. 105/2014/ND-CP of September 14, 2017 on liquor business
1. To annul Clause 1, Article 3.
2. To annul Article 7.
3. To annul Clause 2, 3 and 6, Article 11.
4.To annul Clause 2, 3, 5 and 6, Article 12.
5. To annul Clause 4 and 5, Article 13.
6. To annul Clause 4, Article 14.
7. To annul Clause 3, 4 and 7, Article 21.
8. To annul Clause 3, 4 and 7, Article 2.
9. To annul Clause 5 and 6, Article 23.
10. To annul Article 24.
Chapter VIII
TOBACCO BUSINESS
Article 18. To amend a number of articles and clauses of the Government’s Decree No. 67/2013/ND-CP of June 27, 2013, detailing a number of articles of the Law on Prevention and Control of Tobacco Harms and prescribing measures for its implementation regarding tobacco trading
1. To add Clause 7 and 8 to Article 4 as follows:
“7. In the course of trading, processing tobacco raw materials and trading tobacco products, enterprises must comply with the provisions of law on standards, technical regulations, environmental protection, fire prevention and fighting.
8. In the process of investing in growing tobacco plants, the organization shall comply with the provisions of law on environmental protection.”
2. To amend Clause 2 Article 12 as follows:
“2. Having a line of specialized machinery and equipment that synchronizes tobacco stems or processes them into tobacco, tobacco and other substitute materials used to produce tobacco products.”
3. To amend Clause 4 Article 13 as follows:
“4. List of synchronous specialized machinery and equipment in tobacco raw material processing stage.”
Article 19. To annul a number of articles and clauses of the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013 on detailing a number of articles of the Law on Prevention and Control of Tobacco Harms and prescribing measures for its implementation regarding tobacco trading
1.To annul Clause 4, Article 7.
2. To annul Clause 5, Article 9.
3. To annul Clause 3, 4 and 5, Article 12.
4. To annul Clause 8 and 9, Article 13.
5. To annul Clause 4, 5 and 6, Article 17.
6. To annul Clause 8 and 9, Article 18.
7. To annul Clause 4, Article 20.
8. To annul Point h, Clause 1; and Point h, Clause 2, Article 26.
Chapter IX
ORGANIZATION OF IMPLEMENTATION
Article 20. Transitional provisions
Transitional provisions for Clause 2 Article 1 this Decree shall be as follow:
1. Results of inspection and testing of quality, technical safety and environmental protection meeting the requirements of types of cars imported into Vietnam which implemented as prescribed in the Government s Decree No. 116/2017/ND-CP shall continue to be use as the basis to evaluate vehicle types according to legal regulations. The assessment of quality assurance conditions at automobile manufacturers must be conducted within 06 months from the date this Decree takes effect.
2. The Ministry of Transport shall detail this Article.
Article 1. Effect and implementation
1. This Decree takes effect on March 22, 2020, except for regulations in Clause 2 and 3 this Article.
Provisions on production, assembly, import and provision of car warranty and maintenance services in this Decree take effect from the date of signing.
3. Provisions on liquor business in this Decree take effect from the date of signing.
4. To repeal the phrase “in the name of Vietnam” in point dd, Clause 6 and the content of “The organization of participation in overseas trade fairs and exhibitions in the name of Vietnam must meet the standards prescribed by the Ministry of Industry and Trade.” in Clause 12 Article 29; to repeal the phrase “Agreement/Contract document attached” in number 11 of the form No. 01, number 9 of the form No. 02 and repeal the phrase “in using the name of Vietnam” in number 1 of the form 10 of the Appendix issued together with the Decree No. 81/2018ND-CP dated May 22, 2018 of the Government Detailing the Commercial Law’s provisions on trade promotion.”
5. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and provincial-level People’s Committee chairpersons shall guide and implement this Decree. -
For the Government
The Prime Minister
Nguyen Xuan Phuc
Vietnamese
Decree 17/2020/NĐ-CP DOC (Word)
Decree 17/2020/NĐ-CP PDF (Original)
