Decision 209/QD-TTg 2024 approve Plan on abolishment or simplification of business regulations within the scope of management functions of the Ministry of Industry and Trade

PLAN

On approving the Plan on abolishment or simplification of business regulations within the scope of management functions of the Ministry of Industry and Trade in 2024

(Attached to Decision No. 209/QD-TTg dated February 29, 2024 of the Prime Minister)

^__________

Part I

CHEMICAL SECTOR

1. Administrative procedure 1: Procedures for granting DOC, DOC-PSF chemical production licenses (administrative procedure code 1.004015)

a) Content to be abolished and simplified:

Annul the procedures for granting DOC and DOC-PSF chemical production licenses.

Reason: The Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction does not stipulate strict management measures for DOC and DOC-PSF chemicals as for Scheduled chemicals. On the other hand, the annulment of this procedure aims to implement the Government's policy of abolishment of investment and business conditions and simplification of administrative procedures, reduction of the number of subjects subject to the administrative procedures.

b) Recommendations for implementation:

- Annul Article 20 of Decree No. 38/2014/ND-CP dated May 6, 2014 of the Government on the 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.

- Annul: Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade specifying and guiding the implementation of a number of articles of Decree No. 38/2014/ND-CP dated May 6, 2014 2014 of the Government on the 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 (hereinafter referred to as Circular No. 55/2014/TT- BCT); Circular No. 48/2018/TT-BCT dated November 21, 2018 of the Minister of Industry and Trade amending a number of articles of Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade specifying and guiding the implementation of a number of articles of Decree No. 38/2014/ND-CP dated May 6, 2014 of the Government on the 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 (hereinafter referred to as Circular No. 48/2018/TT-BCT); and Article 3, Article 4 of Circular No. 13/2020/TT-BCT dated June 18, 2020 of the Minister of Industry and Trade amending, supplementing and abolishing a number of regulations on business investment conditions in the field of state management of the Ministry of Industry and Trade (hereinafter referred to as Circular No. 13/2020/TT-BCT).

- Roadmap: 2024.

2. Administrative procedure 2: Procedures for re-granting DOC, DOC-PSF chemical production licenses (administrative procedure code 2.001689)

a) Content to be abolished and simplified:

Annul the procedures for re-granting DOC and DOC-PSF chemical production licenses.

Reason: The Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction does not stipulate strict management measures for DOC and DOC-PSF chemicals as for Scheduled chemicals. On the other hand, the annulment of this procedure aims to implement the Government's policy of abolishment of investment and business conditions and simplification of administrative procedures, reduction of the number of subjects subject to the administrative procedures.

b) Recommendations for implementation:

- Annul Article 20 of Decree No. 38/2014/ND-CP dated May 6, 2014 of the Government on the 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.

- Annul: Circular No. 55/2014/TT-BCT; Circular No. 48/2018/TT-BCT; and Article 3, Article 4 of Circular No. 13/2020/TT-BCT.

- Roadmap: 2024.

3. Administrative procedure 3: Procedures for granting adjustments to DOC, DOC-PSF chemical production licenses (administrative procedure code 1.003905)

a) Content to be abolished and simplified:

Annul the procedures for granting adjustments to DOC and DOC-PSF chemical production licenses.

Reason: The Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction does not stipulate strict management measures for DOC and DOC-PSF chemicals as for Scheduled chemicals. On the other hand, the annulment of this procedure aims to implement the Government's policy of abolishment of investment and business conditions and simplification of administrative procedures, reduction of the number of subjects subject to the administrative procedures.

b) Recommendations for implementation:

- Annul Article 20 of Decree No. 38/2014/ND-CP dated May 6, 2014 of the Government on the 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.

- Annul: Circular No. 55/2014/TT-BCT; Circular No. 48/2018/TT-BCT; and Article 3, Article 4 of Circular No. 13/2020/TT-BCT.

- Roadmap: 2024.

Part II

TRADE PROMOTION SECTOR

1. Administrative procedure 1: Procedures for the Notification of sales promotion (administrative procedure code 2.000033)

a) Content to be abolished and simplified:

- Content of abolishment: abolishment of the administrative procedures for notification of sales promotion for 05/07 forms of promotion (including the forms specified in Clause 8, Article 92 of the Commercial Law, in Article 8, Article 9, Article 10, Article 11 of Decree No. 81/2018/ND-CP dated May 22, 2018) of the Government detailing the Commercial Law’s provisions on trade promotion

Reason: Abolishment of procedures for the aforementioned 05 forms of promotion shall reduce the burden of expenses of compliance with administrative procedures for enterprises, reduce the workload and expenses for relevant state management agencies, at the same time, create conditions for enterprises to quickly and promptly carry out promotional activities in accordance with market fluctuations and the business situation of the enterprises, because these 5 forms of promotions have simpler content and clearly show the benefits for customers, the consumers and the state management agencies can more easily monitor them than the 02 forms of promotions stipulated in Article 12 and Article 14 of Decree No. 81/2018/ND-CP.

- Content of simplification: Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Amend Clause 1, Clause 2, Article 17 of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Commercial Law’s provisions on trade promotion.

- Replace the form No. 01 in the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.

2. Administrative procedure 2: Procedures for the Notification of changes in sales promotion programs (administrative procedure code 2.001474)

a) Content to be abolished and simplified:

- Content of abolishment: Abolishment of administrative procedures and notification of changes in sales promotion programs for 05/07 promotional forms (including forms specified in Clause 8, Article 92 of the Commercial Law, in Article 8, Article 9, Article 10, Article 11 of Decree No. 81/2018/ND-CP).

Reason: Abolishment of procedures for the aforementioned 05 forms of promotion shall reduce the burden of expenses of compliance with administrative procedures for enterprises, reduce the workload and management expenses for relevant state management agencies, at the same time, create conditions for enterprises to quickly and promptly carry out promotional activities in accordance with market fluctuations and the business situation of the enterprises, because these 5 forms of promotions have simpler content and clearly show the benefits for customers, the consumers and the state management agencies can more easily monitor them than the 02 forms of promotions stipulated in Article 12 and Article 14 of Decree No. 81/2018/ND-CP.

- Content of simplification Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Amend Clause 1, Clause 2, Article 17 of Decree No. 81/2018/ND-CP.

- Replace the form No. 06 in the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.

3. Administrative procedure 3: Procedures for the Registration of luck-based sales promotion programs implemented in a single province or centrally run city (administrative procedure code 2.000004)

a) Content to be abolished and simplified:

- Content of abolishment: Annul 01 component of administrative procedure documents (01 uncertified copy of documents on the quality of promotional goods as required by law.).

Reason: Clause 4, Article 19 of Decree No. 81/2018/ND-CP stipulates that the dossier for sales promotion program registration includes "01 uncertified copy of documents on the quality of promotional goods as required by law". In case the traders are electronics supermarkets, shopping centers, general stores, etc., conduct promotions for all the products and goods they sell with potential difficulties when submitting these documents.

- Content of simplification Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Abolish Point d, Clause 4, Article 19 of Decree No. 81/2018/ND-CP.

- Replace the form No. 02, the form No. 03 in the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.

4. Administrative procedure 4: Procedures for the registration of changes in the luck-based sales promotion programs implemented in a single province or centrally run city (administrative procedure code 2.000002)

a) Content to be abolished and simplified:

- Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Amend Clause 1, Article 20 of Decree No. 81/2018/ND-CP.

- Add the form No. 06a to the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.

5. Administrative procedure 5: Procedures for the Registration of luck-based sales promotion programs implemented in more than one province or centrally run city and sales promotion programs in other form (administrative procedure code 2.000138)

a) Content to be abolished and simplified:

- Content of abolishment: abolish 01 component of administrative procedure documents (01 uncertified copy of documents on the quality of promotional goods as required by law).

Reason: Clause 4, Article 19 of Decree No. 81/2018/ND-CP stipulates that the dossier for sales promotion program registration includes "01 uncertified copy of documents on the quality of promotional goods as required by law". In case the traders are electronics supermarkets, shopping centers, general stores, etc., conduct promotions for all the products and goods they sell with potential difficulties when submitting these documents.

- Content of simplification Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Abolish Point d, Clause 4, Article 19 of Decree No. 81/2018/ND-CP.

- Replace the form No. 02, the form No. 03 in the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.

6. Administrative procedure 6: Procedures for the Registration of changes in the luck-based sales promotion programs implemented in more than one province or centrally run city and sales promotion programs in other form (administrative procedure code 2.000041)

a) Content to be abolished and simplified:

- Content of simplification Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Amend Clause 1, Article 20 of Decree No. 81/2018/ND-CP.

- Add the form No. 06a to the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.

7. Administrative procedure 7: Procedures for the Registration of organization of trade fairs and exhibitions in Vietnam (administrative procedure code 2.000131)

a) Content to be abolished and simplified:

- Content of abolishment: abolish 01 component of administrative procedure documents (01 uncertified copy of the enterprise registration certificate, investment registration certificate, the establishment decision or other decisions of equivalent validity as prescribed by law).

Reason: The business registration certificate has been fully updated and published on the national database on business registration, the competent state agencies can look up information on the enterprises submitting the dossier. Regulations on submitting uncertified copy of the enterprise registration certificate, investment registration certificate, the establishment decision or other decisions of equivalent validity as prescribed by law are no longer consistent with practice.

- Content of simplification Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Abolish Point b, Clause 5, Article 29 of Decree No. 81/2018/ND-CP.

- Replace the form No. 10 in the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.

8. Administrative procedure 8: Procedures for the Registration of organization of overseas trade fairs and exhibitions (administrative procedure code 2.000026)

a) Content to be abolished and simplified:

- Content of abolishment: abolish 01 component of administrative procedure documents (01 uncertified copy of the enterprise registration certificate, investment registration certificate, the establishment decision or other decisions of equivalent validity as prescribed by law).

Reason: The business registration certificate has been fully updated and published on the national database on business registration, the competent state agencies can look up information on the enterprises submitting the dossier. Regulations on submitting uncertified copy of the enterprise registration certificate, investment registration certificate, the establishment decision or other decisions of equivalent validity as prescribed by law are no longer consistent with practice.

- Content of simplification Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Abolish Point b, Clause 5, Article 29 of Decree No. 81/2018/ND-CP.

- Replace the form No. 10 in the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.

9. Administrative procedure 9: Procedures for the Registration of changes in organization of trade fairs and exhibitions in Vietnam (administrative procedure code 2.000001)

a) Content to be abolished and simplified:

- Content of simplification Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Replace the form No. 13 in the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.

10. Administrative procedure 10: Procedures for the Registration of changes in organization of the overseas trade fairs and exhibitions (administrative procedure code 2.000133)

a) Content to be abolished and simplified:

- Content of simplification Change the persons who sign the administrative procedure form to "At-law representatives of the enterprises".

Reason: In accordance with the forms in the Appendix issued with Decree No. 81/2018/ND-CP, only the at-law representatives of the traders have the right to sign the forms to send to the state management agencies. This regulation is inappropriate to the practice of authorization in operating production and business activities of enterprises. Changing the persons who sign the form to "at-law representatives of the enterprises” shall be consistent with the business practices of the enterprises, creating favorable conditions for traders to carry out administrative procedures.

b) Recommendations for implementation:

- Replace the form No. 13 in the Appendix issued with Decree No. 81/2018/ND-CP.

- Roadmap: 2024.