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MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
06/2015/TT-BCT
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Hanoi,
April 23, 2015
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CIRCULAR
AMENDMENTS TO A
NUMBER OF CIRCULARS PROMULGATED BY MINISTRY OF INDUSTRY AND TRADE ON
ADMINISTRATIVE PROCEDURES IN THE FIELDS OF CHEMICALS, ELECTRICITY AND TRADING
OF COMMODITIES VIA COMMODITY EXCHANGES
Pursuant to the Government’s Decree No.
95/2012/ND-CP dated November 12, 2012 defining functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No.
63/2010/ND-CP dated June 08, 2010 on control of administrative procedures;
Pursuant to the Government’s Decree No.
48/2013/ND-CP dated May 14, 2013 on amendments to a number of articles of
decrees on control of administrative procedures;
In implementation of the Directive No. 17/CT-TTg
dated June 20, 2014 by Prime Minister on measures for regulating the misuse of
request for submission of certified copies of documents/papers while carrying
out administrative procedures;
At the request of Director of Light Industry
Department,
Minister of Industry and Trade promulgates a
Circular on amendments to a number of circulars promulgated by Ministry of
Industry and Trade on administrative procedures in the fields of chemicals,
electricity and trading of commodities via commodity exchanges.
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CHEMICALS
Article 1. Amendments to Circular No.
01/2006/TT-BCN dated April 11, 2006 by Ministry of Industry guiding the
management of toxic chemicals and products containing toxic chemicals, drug
precursors and chemicals according to technical standards subject to the line
management by Ministry of Industry
Clause 4 Section II: “4. When importing chemicals
listed in Annex 4 of this Circular, importers must sufficiently declare quality
and technical standards to serve the examination and comparison by customs
authorities. Where there are any doubts about the false declaration of quality
and technical standards, customs authorities decide to request expertise or
customs clearance under the current regulations. The import of chemicals which
directly serve the production and have standards lower than those prescribed in
this Appendix must be approved by Ministry of Industry.” is abrogated.
Article 2. Amendments to Circular No.
28/2010/TT-BCT dated June 28, 2010 by Minister of Industry and Trade elaborating
a number of articles of the Law on chemicals and the Government’s Decree No.
108/2008/ND-CP dated October 07, 2008 detailing and guiding the implementation
of a number of articles of the Law on chemicals
1. Amendments to Point b Clause 3 Article 18:
“b) Valid copies of certificates of
completion of chemical-related skill training courses of technicians, employees
and workers of the chemical trading establishment;”
2. The following points are abrogated:
a) Point c Clause 2 Article 17: “c) A written
announcement of regulation conformity and a plan on regular supervision of
chemical quality based on chemical inspection equipment or a contract on
cooperation with a capable chemical inspection body accredited by a competent
state authority;”
b) Point c Clause 3 Article 17: “c) Health
certificates issued by district or higher-level health establishments to the
entities prescribed in Point a of this Clause.”
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Article 3. Amendments to Circular No.
40/2011/TT-BCT dated November 14, 2011 by Minister of Industry and Trade on
chemical declaration
1. Amendments to Article 2: “Article 2. This Circular
applies to:
1. Producers of chemicals in the List of chemicals
subject to compulsory declaration.
2. Importers of chemicals in the List of chemicals
that have to be declared before import into Vietnam.
3. Chemical declaration certification shall not
apply to traders in chemicals in the territory of Vietnam; holders of License
to import industrial precursors; holders of License to import explosive
precursors; holders of License to import chemicals specified in Tables 1, 2,
3.”
2. Amendments to Clause 4 Article 9: “4. Issuance
of Certificate
Within 05 (five) working days as of the date on
which the dossier is sufficiently supplemented as regulated in Clause 3 of this
Article, Certificate shall be granted by Vietnam Chemicals Agency. The form of
Certificate of imported chemical declaration shall following the form stated in
the Annex enclosed to Circular No. 06/2015/TT-BCT dated April 23, 2015 on
amendments to a number of Circulars promulgated by Ministry of Industry and
Trade on administrative procedures in the fields of chemicals, electricity and
trading of commodities via commodity exchanges.”
3. Amendments to Clause 2 Article 16:
“2. Within 05 (five) working days as of the
receipt of sufficient information and valid dossier as regulated in Article 14
of this Circular, Vietnam Chemicals Agency shall granted Certificate to the
applicant.”
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1. Amendments to Point b Clause 1 Article 7:
“b) The plan including 8 (eight) copies, in
case where more copies of the plan are required, the applicant must provide
additional copies at the request of the appraisal agency;”
2. The following points are abrogated:
a) Point c Clause 1 Article 7: “c) 01 (one) copy of
the report on feasibility study or the economic - technical report of the
construction works or the production and business plan certified by the
chemical establishment or project;”.
b) Point c Clause 1 Article 15: “c) 01 (one) copy
of the report on feasibility study or the economic - technical report of the
construction works or the production and business plan certified by the
chemical establishment or project;”.
Chapter II
ELECTRICITY
Article 5. Amendments to Circular No.
33/2011/TT-BCT dated September 06, 2011 by Minister of Industry and Trade
providing for contents, methods, procedures and formalities for electrical load
research
“Chapter V: Exemption from implementation” is
abrogated.
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Point d Clause 1 Article 12 “Procedures and
dossiers of the application for issuance of electrical inspector card upon its
expiration” is abrogated:
“d) 01 set of the application dossiers for
issuance of electrical inspector card upon its expiration includes the
following documents:
- The application form for issuance of electrical
inspector card;
- Certificate of passing the testing for electrical
inspector;
- 02 photos of 2 x 3cm size."
Chapter III
TRADING OF COMMODITIES VIA COMMODITY EXCHANGES
Article 7. Amendments to the Circular No.
03/2009/TT-BTC dated February 10, 2009 by Minister of Industry and Trade
guiding the application dossier, procedures and formalities for issuance of
establishment license and regulations on reporting by commodity exchanges as
regulated in the Government’s Decree No. 158/2006/ND- CP dated December 28,
2006 elaborating the Commercial Law with respect to trading of commodities via
commodity exchanges
Amendments to Clause 3 Section I:
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a) The application form for re-issuance of License
for establishment of commodity exchange, using the form stated in Annex I (Form
MG-4) enclosed to this Circular;
b) The identifiable remaining part of the original
License for establishment of commodity exchange which has been partially torn,
burned or destroyed, or certified copy granted by the authority competent to
license the establishment of commodity exchange (if any).”
Chapter IV
IMPELEMENTATION
Article 8. Effect
1. This Circular takes effect as of June 01, 2015.
2. Guidelines and forms relating to procedures
which are replaced or abrogated by this Circular shall be annulled.
Difficulties that arise during the implementation
of this Circular should be reported to the Ministry of Industry and Trade for
consideration./.
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MINISTER
Vu Huy Hoang
ANNEX
FORM OF CHEMICAL
DECLARATION CERTIFICATE
(Enclosed to the Circular No. 06/2015/TT-BCT dated April 23, 2015 by
Minister of Industry and Trade)
NAME OF GOVERNING
AUTHORITY
NAME OF ISSUING AUTHORITY (2)
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
…………/GXN- …(3)
……(4) ……,
……………………[dated]
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Chemical
declaration … (5)
Declaration code:
……………………………………………………. (2) This is to certify:
Company…………(6), head office’s address…………..,
telephone……., fax……. has completed the declaration of the following chemicals……
(5): 1.
2.
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(An annex of chemicals may be enclosed
hereto).
Details about the said chemicals are specified
in………….. (7) enclosed hereto. (This content shall not be specified if this
certificate is granted to the chemical producer).
CC:
- As above;
- Checkpoint customs sub-department (if this certificate is granted to chemical
producer: Name of market surveillance agency is specified);
- Filed:..... (8)
POSITION OF THE OFFICIAL SIGNING THIS
CERTIFICATE
(signature, full name and seal)
Notes:
(1) Name of the governing authority of the
issuing authority
(2) Name of the issuing authority
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(4) Place-name
(5) Produced or imported chemicals. In case
of produced chemicals, year of manufacturing must be specific.
(6) Name of the applicant
(7) Name of invoice which is enclosed to
declaration dossier by the applicant. A Certificate of declaration of imported
chemicals may be granted to certify chemicals for each invoice or several
invoices.
(8) Abbreviated name of professional unit.