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THE MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 17/VBHN-BCT
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Hanoi, March 13,
2020
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DECREE
ON
AMENDMENTS TO CERTAIN DECREES RELATED TO BUSINESS CONDITIONS UNDER STATE
MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE
The Government’s Decree No. 18/2018/ND-CP dated
January 15, 20180 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade,
coming into force as of January 15, 2018, amended by:
1. The Government’s Decree No. 71/2018/ND-CP dated
May 15, 2018 on elaboration of certain articles of the Law on Management and
use of weapons, explosive materials and combat gears of industrial explosives
and explosive precursors, coming into force as of July 1, 2018.
2. The Government’s Decree No. 17/2020/ND-CP dated
February 5, 2020 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade,
coming into force as of March 22, 2020.
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on Goods
Quality dated November 21, 2007;
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Pursuant to the Law on Food
Safety dated June 17, 2010;
Pursuant to the Law on
Prevention and control of tobacco’s harmful effects dated June 18, 2012;
Pursuant to the Law on
Electricity dated December 03, 2004 and the Law on Amendments to certain
articles of the Law on Electricity dated November 20, 2012;
Pursuant to the Ordinance on
Management and use of weapons, explosives and combat gear dated June 30, 2011
and the Ordinance on Amendments to certain articles of the Ordinance on
Management and use of weapons, explosives and combat gear dated July 12, 2013;
Pursuant to the Law on
Investment dated November 26, 2014 and the Law on Amendments to Article 6 and
Appendix No. 4 on the list of conditional business lines of the Law on
Investment dated November 22, 2016;
At the request of the Minister
of Industry and Trade, [1]
Chapter I
PETROL AND OIL
Article 1. Amendments to
certain articles of the Government’s Decree No. 83/2014/ND-CP dated September
03, 2014 on trade in petrol and oil (hereinafter referred to as “Decree No.
83/2014/ND-CP”)
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“1. Being established lawfully”.
2. Clause 2 Article 27 is
amended as follows:
“2. Having special-purpose wharves within the
system of seaports and inland ports and depots under enterprises’ ownership or
co-ownership, which are built up to prescribed standards.”
3. Point i Clause 1 Article 40
is amended as follows:
“i) The Ministry of Industry and Trade shall
take charge and cooperate with relevant ministries and industries in developing
the national technical regulation on petrol and oil stations consistently
throughout the country".
Article 2. Annulment of certain
articles and clauses of the Government’s Decree No. 83/2014/ND-CP
1. Article 5, Clause 6 Article
7, Article 10, Clause 1 Article 24 and Clauses 4 and 5 Article 41 shall be
annulled.
2. The following contents of
Article 7 shall be annulled:
a) The following content of Clause 3 shall be
annulled: “Three (3) years after obtaining a license for petrol and oil
import/export, the importer/exporter shall own or co-own (with the stake of at
least fifty-one percent (51%)) the depot system, which is capable of meeting at
least one-third (1/3) of the importer’s or exporter’s reserve demand mentioned
in Clause 1 Article 31 herein".
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c) The following content of Clause 5 shall be
annulled: “Every year, after obtaining the license for petrol and oil
import/export, the importer/exporter shall own or co-own at least four (4)
petrol and oil retail stations until its distribution system has at least one
hundred (100) petrol and oil retail stations".
Chapter II
TOBACCO
Article 3. Amendments to
certain articles and clauses of the Government’s Decree No. 67/2013/ND-CP dated
June 27, 2013 specifying certain articles and measures for implementation of
the Law on Prevention and control of tobacco’s harmful effects when trading in
tobacco (hereinafter referred to as "Decree No. 67/2013/ND-CP")
1. Clause 1 and Clause 4
Article 9 are amended as follows:
“1. The enterprise shall be established
lawfully.
4. The enterprise has an
agreement in principle or agreement to entrust import of tobacco ingredients
concluded with a tobacco manufacturer or an enterprise that processes tobacco
ingredients; or agreement in principle or agreement to entrust export of
tobacco ingredients concluded with an enterprise eligible to invest in tobacco
cultivation or enterprise that processes tobacco ingredients. The enterprise
having the license for purchasing/selling tobacco ingredients shall only be
entitled to import tobacco ingredients on behalf of an enterprise having the certificate
of eligibility to invest in tobacco cultivation or the license for processing
of tobacco ingredients".
2. Clause 6 Article 10 is
amended as follows:
“6. A copy of the agreement in principle or agreement
to entrust import of tobacco ingredients concluded with a tobacco manufacturer
or an enterprise that processes tobacco ingredients; or agreement in principle
or agreement to entrust export of tobacco ingredients concluded with an
enterprise eligible to invest in tobacco cultivation or enterprise that
processes tobacco ingredients".
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“1. The enterprise shall be established
lawfully.
6. The tobacco factory shall
be located in an area suitable for the tobacco manufacturing strategy and areas
providing tobacco ingredients approved by a competent authority".
4. Clause 1 Article 15 is
amended as follows:
“1. The enterprise having the certificate of
eligibility to invest in tobacco cultivation shall be entitled to decide on the
tobacco cultivated area and tobacco cultivators. The enterprise shall conclude
an agreement to invest in tobacco cultivation or purchase tobacco ingredients
with the tobacco cultivator and sell tobacco ingredients to the enterprise
having the license for tobacco manufacturing or tobacco ingredients
processing".
5. Point a and Point b Clause
2 Article 17 are amended as follows:
“a) The enterprise shall invest in tobacco
cultivation directly or through associating with other enterprises having
certificates of eligibility to invest in tobacco cultivation and in accordance
with the scale of business operation of the enterprise;
b) The enterprise shall use domestic tobacco
ingredients to manufacture tobacco. If the domestic ingredients are not
adequate, the enterprise shall be entitled to import to make up for the
shortfall of ingredients in accordance with the annual imported plan published
by the Ministry of Industry and Trade, except for manufacturing of tobacco
products having foreign labels or tobacco products for export."
6. Point b Clause 1 Article 25
is amended as follows:
"Investment is made on the basis of
association with enterprises having licenses for tobacco manufacturing. The
state capital shall make up a predominant part in the charter capital of the
enterprise (for joint-venture)".
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“Tobacco stores shall not violate regulations
on locations that sale of tobacco is banned in accordance with the provision of
Clause 2 Article 25 of the 2012 Law on Prevention and control of tobacco’s
harmful effects".
Article 4. Annulment of certain
articles and clauses of the Government’s Decree No. 67/2013/ND-CP
1. Clause 5 Article 4.
2. Clause 1 Article 5.
3. Points b, c and dd Clause 2
Article 7.
4. Clause 3, 4 and 5 Article
8.
5. Clauses 2 and 3 Article 9.
6. Clauses 4 and 5 Article 10.
7. Points a, b, d and e Clause
2 Article 12.
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9. Points b, c and d Clause 3
Article 17.
10. Clause 7 Article 18.
11. Point a Clause 1 Article
24.
12. Points a and c Clause 1
Article 25.
13. Points dd, g, i Clause 1;
points dd, g, i Clause 2 and point dd Clause 3 Article 26.
14. Points d, h, i Clause 1; points
d, h, i Clause 2; point d Clause 3 Article 27.
15. Clause 6 Article 29.
16. Clause 3, Point b Clause 4
and Point b Clause 5 of Article 36.
Article 5. Annulment of Clause
7 Article 1 of Government’s Decree No. 106/2017/ND-CP on amendments to some
Articles and Clauses of the Government’s Decree No. 67/2013/NĐ-CP dated June
27, 2013 on guidelines for the Law on Prevention and Control of Harmful Effects
of Tobacco regarding tobacco trading
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ELECTRICITY
Article 6. Amendments to
certain articles and clauses of the Government’s Decree No. 137/2013/ND-CP
dated October 21, 2013 specifying implementation of certain articles of the Law
on Electricity and the Law on Amendments to certain articles of the Law on
Electricity (hereinafter referred to as “Decree No. 137/2013/ND-CP”)
1. Point a Clause 1; Points b
and dd Clause 2 and Clause 5 Article 3 are amended as follows:
“1. The Ministry of Industry and Trade shall:
a) Carry out state management on power development
planning; instruct or approve annual/medium-term plans for investment in power
development (including plans for development of power sources and 500 kV/200
kV/100 kV grids) on the basis of the approved national power development planning;
2. People’s Committees of
provinces/central-affiliated cities (hereinafter referred to as "People’s
Committees of provinces”) shall:
b) Provide the land fund in land use planning in
their provinces for power projects in power development planning;
dd) Assess annual results and impacts of
implementation of power development planning in their provinces and report them
to the Ministry of Industry and Trade.
5. The Ministry of Finance
shall take charge or cooperate with the Ministry of Industry and Trade in
setting out regulations on annual funding set aside for fulfillment of the
responsibilities mentioned in Points d and dd Clause 1 and Point dd Clause 2
this Article.
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"Article 29. Requirements for
licensing electricity generation
a) The paragraph: “The organization registering for
electricity generation, apart from the general conditions mentioned in Article
28 herein shall satisfy the following conditions:” is amended as follows: “The
organization established under regulations of law on registration of
electricity generation shall satisfy the following conditions:”.
b) Clause 1 Article 29 is amended as follows:
“1. Have projects on construction of power
stations in compliance with the approved power development planning.
Construction works of power stations are built or installed under approved
designs, tested or commissioned as prescribed".
3. Certain contents of Article
30 are amended as follows:
a) The paragraph: “The organization registering for
electricity transmission, apart from the general conditions mentioned in
Article 28 herein shall satisfy the following conditions:” is amended as
follows: “The organization established under regulations of law on registration
of electricity transmission shall satisfy the following conditions:”.
“b) [2] Clause 1 of Article 30 are amended as
follows:
Have equipment, power lines and
substations that are built or installed in accordance with the approved
technical designs; which have undergone testing or commissioning which shows
that the results are satisfactory.”
4. Certain contents of Article
31 are amended as follows:
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b) [3] Clauses 1 and 2 of Article
31 are amended as follows:
“1. Have equipment, power
lines and substations that are built or installed in accordance with the
approved technical designs; which have undergone testing or commissioning which
shows that the results are satisfactory.
2. The
technical manager must obtain at least a bachelor’s degree in electrical
engineering technology and have at least 03 years’ experience in electricity
transmission.
The operating personnel must be
trained in electrical engineering and electrical safety and obtain a
certificate of operation.”
5. [4]
Article 32 is amended as follows:
“Upon registration of its
electricity wholesaling, the electricity wholesaler established in accordance
with the law shall satisfy the following conditions:
The electricity wholesaler has at
least a bachelor’s degree in electrical engineering technology, technology,
economics or finance and at least 5 years’ experience of working in the field
of electricity sale and purchase.
The electricity wholesaler satisfying
the conditions for electricity wholesaling is entitled to import and/or export
electricity.”
6. Certain contents of Article
33 are amended as follows:
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b) [5] Clauses 5 and 1 of Article
33 are amended as follows:
“1. The manager of
electricity retailer must have at least a Level 4 of VQF Diploma in electrical
engineering, technology, economics or finance and at least 03 years’ experience
of working in the field of electricity sale and purchase.”
7. [6]
Article 38 is amended as follows:
"Article 38.
Electricity-related consulting services
1. Conditions
for provision of electrical consulting services shall only apply to work items
directly related to electricity, other work items shall apply the conditions
prescribed by the law on construction.
2. Electrical
consulting services: Electrical consulting services include electrical work
design consulting and electrical work construction supervision consulting.
3. Electrical
works include:
a) Power plants: hydropower, wind
power, solar power and thermal power (coal, gas, oil, biomass, solid waste);
b) Power lines and substations.
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Hydropower, wind power and solar power plant
Thermal power station
Power line and substation
Class 1
Not limited
Not limited
Not limited
Class 2
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Up to 300 MW
Up to 220 kV
Class 3
Up to 100 MW
Up to 110 kV
Class 4
Up to 30 MW
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8. [7] Certain contents of
Article 39 are amended as follows:
“a) Upon registration of its hydropower plant
design consulting service, the provider established in accordance with the law
shall satisfy the following conditions:”
b) Clauses 3 and 6 of Article 39
are amended as follows:
3. The
consultant holding the president title must have at least a bachelor's degree
in electrical engineering or hydropower engineering or irrigation; must have at
least 05 years’ experience in provision of consulting services; has acted as
the president in charge of at least 01 project or participated in designing at
least 02 projects on hydropower plants of equivalent class; must obtain the
construction practicing certificate in the field of design of hydropower plants
of equivalent class.
6.
Other consultants must have at least a bachelor’s degree in geodesy, geology,
construction, irrigation, hydropower engineering, electrical engineering,
electric power system, electrical equipment or automation; must have at least
05 years' experience in provision of consulting services; have participated in
designing at least 01 project on the hydropower plant of equivalent class; must
have the construction practicing certificate in the field of design of the
hydropower plant of equivalent class.”
9. [8] Certain contents of
Article 40 are amended as follows:
“a) Upon
registration of its thermal power plant design consulting service, the provider
established in accordance with the law shall satisfy the following conditions:
b) Clauses 3 and 6 of Article 40
are amended as follows:
3. The
consultant holding the president title must have at least a bachelor's degree
in electrical engineering or thermal power engineering; must have at least 05
years’ experience in provision of consulting services; has acted as the
president in charge of at least 01 project or participated in designing at
least 02 projects on thermal power plants of equivalent class; must obtain the
construction practicing certificate in the field of design of thermal power
plants of equivalent class.
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10. [9] Certain contents of
Article 41 are amended as follows:
“a) Upon registration of its power line and
substation design consulting service, the provider established in accordance
with the law shall satisfy the following conditions:
b) Clauses 3 and 6
of Article 41 are amended as follows:
3. The consultant holding the president title must have
at least a bachelor's degree in electrical engineering; must have at least 05
years’ experience in provision of consulting services; has acted as the
president in charge of at least 01 project or participated in designing at
least 02 projects on power lines and substations of equivalent class; must
obtain the construction practicing certificate in the field of design of power
lines and substations of equivalent class.
6. Other consultants must have at least a bachelor’s degree in geodesy,
geology, construction, electrical engineering, thermal power engineering,
electrical equipment or automation; must have at least 05 years' experience in
provision of consulting services; have participated in designing at least 01
project on the power line and substation of equivalent class; must have
the construction practicing certificate in the field of design of the power
line and substation of equivalent class.”
11. [10] Certain contents of
Article 42 are amended as follows:
“a) Upon registration of its hydropower plant
construction supervision consulting service, the provider established in
accordance with the law shall satisfy the following conditions:
b) [11] Clauses 3 and 6 of Article
42 are amended as follows:
3. The consultant holding the
chief supervisor title must have at least a bachelor's degree in electrical
engineering or hydropower engineering or irrigation; must have at least 05
years’ experience in provision of consulting services; has acted as the chief
supervisor of at least 01 project or participated in supervising construction
of at least 02 projects on hydropower plants of equivalent class; must obtain
the construction practicing certificate in the field of construction
supervision of hydropower plants of equivalent class.
6. Other consultants must have at
least a bachelor’s degree in construction, irrigation, hydropower engineering,
electrical engineering, electric power system, electrical equipment or
automation; must have at least 05 years' experience in provision of consulting
services; have participated in supervising construction of at least 01 project
on the hydropower plant of equivalent class; must have the construction
practicing certificate in the field of construction supervision of the
hydropower plant of equivalent class.”
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a) The paragraph: “The organization registering for
providing consulting services for construction supervision of hydroelectric
power stations, apart from the general conditions mentioned in Article 28
herein shall satisfy the following conditions:” is amended as follows: “The
organization established under regulations of law and registering for providing
consulting services for construction supervision of hydroelectric power
stations shall satisfy the following conditions:”.
b) [12] Clauses 3 and 6 of Article 43 are amended
as follows:
“3. The
consultant holding the chief supervisor title must have at least a bachelor's
degree in electrical engineering or thermal power engineering; must have at
least 05 years’ experience in provision of consulting services; has acted as
the chief supervisor of at least 01 project or participated in supervising
construction of at least 02 projects on thermal power plants of equivalent
class; must obtain the construction practicing certificate in the field of
construction supervision of thermal power plants of equivalent class.
6. Other consultants must have at least a bachelor’s
degree in construction, electrical engineering, thermal power engineering,
electrical equipment or automation; must have at least 05 years' experience in
provision of consulting services; have participated in supervising construction
of at least 01 project on the thermal power plant of equivalent class; must
have the construction practicing certificate in the field of design of the
thermal power plant of equivalent class.”
13. Certain contents of
Article 44 are amended as follows:
a) The paragraph: “The organization registering for
providing consulting services for construction supervision of power lines and
substations, apart from the general conditions mentioned in Article 28 herein
shall satisfy the following conditions:” is amended as follows: “The
organization established under regulations of law and registering for providing
consulting services for construction supervision of power lines and substations
shall satisfy the following conditions:”.
b) Clauses 3 and 6 of Article 44 are amended as
follows:
“3. The
consultant holding the chief supervisor title must have at least a bachelor's
degree in electrical engineering; must have at least 05 years’ experience in
provision of consulting services; has acted as the chief supervisor of at least
01 project or participated in supervising construction of at least 02 projects
on power lines and substations of equivalent class; must obtain the
construction practicing certificate in the field of construction supervision of
power lines and substations of equivalent class.
6. Other consultants must have at least a bachelor’s
degree in construction, electrical engineering, electric power system,
electrical equipment or automation; must have at least 05 years' experience in
provision of consulting services; have participated in supervising construction
of at least 01 project on the power line and substation of equivalent class;
must have the construction practicing certificate in the field of construction
supervision of the power line and substation of equivalent class.”
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1. Clause 3 Article 2.
2. Points a and d Clause 2
Article 3.
3. Article 28.
4. Clause 3 Article 31.
5. Clause 2, 3 and 4 Article
32.
6. Clauses 2 and 3 Article 33.
7. Articles 34, 35, 36 and 37.
8. Clauses 1, 2 and 4 Article
39.
9. Clauses 1, 2 and 4 Article
40.
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11. Clauses 1, 2 and 4 Article
42.
12. Clauses 1, 2 and 4 Article
43.
13. Clauses 1, 2 and 4 Article
44.
Chapter IV
FRANCHISING
Article 8. Amendments to
Article 5 of the Government’s Decree No. 35/2006/ND-CP dated March 31, 2006
specifying the Commercial Law on franchising (hereinafter referred to as
“Decree No. 35/2006/ND-CP”)
“Article 5. Conditions applied to
franchisors
The franchisor shall be entitled to franchise
a business if it has been operating for at least 1 year".
Article 9. Article 6 and
Article 7 of the Government’s Decree No. 35/2006/ND-CP is annulled
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E-COMMERCE
Article 10. Amendments to
certain articles of the Government’s Decree No. 52/2013/ND-CP dated May 16,
2013 on e-commerce (hereinafter referred to as “Decree No. 52/2013/ND-CP”)
1. Clause 1 Article 52 is
amended as follows:
“1. The trader, organization or individual
that is issued with personal tax identification number".
2. Clause 1 Article 54 is
amended as follows:
“1. The trader or organization shall be
established under regulations of law".
3. Point a Clause 1 Article 61
is amended as follows:
“a) The trader or organization shall be
established under regulations of Vietnam law".
4. Point dd Clause 1 Article
62 is amended as follows:
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Article 11. Clause 2 Article
52; Clause 2, Point b Clause 3 Article 54; Points b, c and d Clause 1 Article
62; Point b Clause 1 Article 63 of the Decree No. 52/2013/ND-CP are annulled.
Chapter VI
CHEMICALS
Article 12. Annulment of
certain articles and clauses of the Government’s Decree No. 38/2014/ND-CP dated
May 06, 2014 on management of chemicals under control of the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical
Weapons and on their Destruction (hereinafter referred to as “Decree No.
38/2014/ND-CP”)
1. Points c and d Clause 1
Article 15 and their amendments in Article 9 of the Government's Decree
No. 77/2016/ND-CP are annulled.
2. Point c Clause 1 Article 16
shall be annulled.
Article 13. Article 13. [13] Amendments
to Point d Clause 1 Article 17 of the Decree No. 38/2014/ND-CP
“d) Documents satisfying the conditions
mentioned in Points h and i Clause 1 Article 15 of this Decree.”
Chapter VII [14] (annulled)
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TRADE IN FOOD UNDER
MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE
Article 17. Amendments to
certain articles and clauses of the Decree No. 77/2016/ND-CP
1. [15] Clause 1 Article 27 is
amended as follows:
“1. Equipment
and implements in direct contact with foods must be manufactured in such a
manner as to satisfy production technology requirements; ensure safety and
avoid food contamination.”
2. Clause 11 Article 30 is
amended as follows:
“Wind direction of the ventilation shall
ensure not to blow from the area having risks of contamination to the area
where cleanness is required”.
3. Clause 3 Article 31 is
amended as follows:
“3. Equipment which prevents the penetration
of insects and harmful animals must be stainless, easy to
disassemble for maintenance and cleaning, and
must prove effective in preventing the penetration of insects and
harmful animals”.
4. Point g Clause 5 Article 34
is amended as follows:
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5. Clause 10 Article 34 is
amended as follows:
“10. The milk producer must have internal
transport system to ensure that processed milk products may not be transported
in the same tanks or vehicles with supplies, raw materials and chemicals as
this might cause cross contamination affecting the quality and safety of the products”.
Article 18. Annulment of
certain articles and clauses of the Decree No. 77/2016/ND-CP
1. Point a Clause 1 Article
24.
2. Points c and d Clause 1;
Point a Clause 2; Points a, b and e Clause 3; Point a Clause 4; Point b Clause
5; Point b Clause 6; Point b Clause 8 and Clause 10 Article 26.
3. Point c Clause 2; Point a
and d Clause 3; Point b Clause 4; Point b Clause 5 and Point a Clause 6 Article
27.
4. Clauses 1, 2, 3 and 6
Article 29.
5. Clauses 3, 4, 6, 9, 10, 14,
15 and 16 Article 30.
6. Clause 2 Article 31.
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8. The following contents of
Article 34:
a) Clause 1; Clause 2; Clause 3; Point a Clause 4;
Points a, b, c, d and e Clause 5; Clause 6; Clause 7; Point b Clause 8; Point a
Clause 9; Clause 12 and Clause 13 Article 34.
b) The following contents of Point a Clause 8:
“Raw material and additive warehouses shall
be separate from production areas; Raw materials and additives shall be placed
on shelves or racks and kept away from direct sunlight; Raw material and
additive warehouses must satisfy temperature, moisture, storage
duration requirements and other storage requirements as
recommended or required by producers; Raw materials and additives sacks of
which are opened but have not yet been used up shall be securely wrapped after
each use and stored according to regulations; Raw materials and additives
stored in warehouses must have information on their names and expiry date; Raw
material and additive warehouses shall be regularly maintained and cleaned
according to internal regulations”.
c) The following contents of Point c Clause 8:
“Finished product warehouse shall be
located separately from production areas and shall be convenient for
warehousing and ex- warehousing activities; Finished product warehouse shall
always be kept at a certain temperature as required, be dry, clean and
well-ventilated and stored products shall be kept away from direct sunlight so
as to avoid impairment of their quality, appearance and safety; There must be a
separate space for keeping substandard products pending disposal; Finished
product warehouse shall be regularly maintained and cleaned according to
internal regulations”.
d) The following contents of Point b Clause 9:
“The processing area shall be cleaned every
day or after each production cycle of each type of product”.
dd) The following contents of Point c Clause 9:
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9. Clauses 1, 6, 7 and 9
Article 35.
10. The following contents of
Article 36:
a) Clause 1; Points a, c and d of Clause 2; Clause
4; Points a, b, c, d and e Clause 5; Clause 6; Points b, c and d of Clause 7;
Points a and b Clause 10; Points a and b Clause 11 and Clause 12 of Article 36.
b) The following contents of Point d Clause 3:
“The ground of the area shall be built
of durable, anti-slip and difficult-to-peel-off materials and have a suitable
slope to ensure complete drainage”.
c) The following contents of Point dd Clause 3:
“The ground of the area shall be built
of durable, anti-slip and difficult-to-peel-off materials and shall ensure
complete drainage. Water drainage systems must have covers”.
d) The following contents of Point a Clause 7:
“Solid wastes shall be collected in suitable
tanks or containers put in places convenient for waste collection and treatment
without causing adverse impacts to the production process; Scrap containers
shall be clearly labeled or have signs for distinction from containers of raw
materials, semi-finished products and finished products; be made of waterproof
and corrosion-resistant materials; be tight and easy to clean (for reusable containers)
or easy to destroy (for disposable containers); Solid wastes shall be treated
by organizations or individuals licensed to operate in the field of
environmental treatment by competent state authorities".
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“Warehouses are periodically maintained and
cleaned according to internal regulations; meet preservation conditions
according to instructions or regulations of producers; are capable of
preventing the penetration of insects, rodents and other harmful elements; have
information about identifying each type of raw material, additive, processing
aid, supplies, packaging and finished product; have entry and discharge records
of each warehouse”.
e) The following contents of Point c Clause 8:
“The warehouses shall always be kept at a
certain temperature and moisture as required in internal regulations for each
type of beer; Products stored in finished product warehouses must have
information about their names, batch numbers, dates of manufacturing,
production shifts and other information according to internal regulations;
There must be a separate space for keeping substandard quality products pending
disposal”.
11. Clause 1, Clause 2, Clause
3, Point b Clause 6, Clause 9, Clause 11 and Clause 12 of Article 37.
12. The following contents of
Article 38:
a) Clause 1; Points a, b, c, d and dd Clause 2;
Points a and b Clause 3; Points a and d Clause 4; Clause 5; Points b, c and d
Clause 6; Points a and b Clause 7; Points b, c and d Clause 8; Point a Clause
9; Clause 10; Clause 12 and Clause 13 Article 38.
b) The following contents of Point a Clause 6:
“Solid wastes must be treated by
organizations or individuals licensed to operate in the field of environmental
treatment by competent state authorities”.
c) The following contents of Point c Clause 7:
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13. Clauses 1, 6, 8, 9 and 10
Article 39.
14. Article 40, Article 41,
Article 42, Article 43, Article 44, Article 45 and Article 46.
Chapter IX
IMPLEMENTATION
Article 19. Effect and
implementation [16]
1. This Decree comes into
force as of the date of signing.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Presidents of People's
Committees of provinces and central-affiliated cities are responsible for
providing guidelines and implementing this Decree./.
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MINISTER
Tran Tuan Anh
[1] The Government’s Decree No. 71/2018/ND-CP dated
May 15, 2018 on elaboration of certain articles of the Law on Management and
use of weapons, explosive materials and combat gears of industrial explosives
and explosive precursors, coming into force as of July 1, 2018, with the
following bases:
“Pursuant to the Law on Government
Organization dated June 19, 2015;
Pursuant to the Law on Management and use of
weapons, explosive materials and combat gears dated June 20, 2017;
At the request of the Minister of Industry and
Trade;”
The Government’s Decree No. 17/2020/ND-CP dated
February 5, 2020 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade,
coming into force as of March 22, 2020, with the following bases:
“Pursuant to the Law on
Government Organization dated June 19, 2015;
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Pursuant to the Law on
Chemicals dated November 21, 2007;
Pursuant to the Law on Food
Safety dated June 17, 2010;
Pursuant to the Law on
Electricity dated December 03, 2004 and the Law on Amendments to certain articles
of the Law on Electricity dated November 20, 2012;
Pursuant to the Law on
Prevention and Control of Harmful Effects of Tobacco dated June 18, 2012;
Pursuant to the Law on
Investment dated November 26, 2014 and the Law on Amendments to Article 6 and
Appendix No. 4 on the list of conditional business lines of the Law on
Investment dated November 22, 2016;
Pursuant to the Law on
Prevention and Control of Harmful Effects of Alcoholic Beverages dated June 14,
2019;
At the request of the Minister
of Industry and Trade;”
[2]This Point is amended by Point a Clause 1
Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020
on amendments to certain Decrees related to business conditions under state
management of the Ministry of Industry and Trade, coming into force as of
March 22, 2020.
[3] This Point is amended by Clause 2 Article 3 of
the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments
to certain Decrees related to business conditions under state management of the
Ministry of Industry and Trade, coming into force as of March 22, 2020.
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[5] This Point is amended by Clause 5 Article 3 of
the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments
to certain Decrees related to business conditions under state management of the
Ministry of Industry and Trade, coming into force as of March 22, 2020.
[6] This Point is amended by Clause 6 Article 3 of
the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments
to certain Decrees related to business conditions under state management of the
Ministry of Industry and Trade, coming into force as of March 22, 2020.
[7] This Point is amended by Clause 8 Article 3 of
the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments
to certain Decrees related to business conditions under state management of the
Ministry of Industry and Trade, coming into force as of March 22, 2020.
[8]This Point is amended by Clause 11 Article 3 of
the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments
to certain Decrees related to business conditions under state management of the
Ministry of Industry and Trade, coming into force as of March 22, 2020.
[9] This Point is amended by Clause 13 Article 3 of
the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments
to certain Decrees related to business conditions under state management of the
Ministry of Industry and Trade, coming into force as of March 22, 2020.
[10] This Point is amended by Clause 15 Article 3
of the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on
amendments to certain Decrees related to business conditions under state
management of the Ministry of Industry and Trade, coming into force as of
March 22, 2020.
[11] This Point is amended by Clause 17 Article 3
of the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on
amendments to certain Decrees related to business conditions under state
management of the Ministry of Industry and Trade, coming into force as of
March 22, 2020.
[12] This Point is amended by Clause 18 Article 3
of the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on
amendments to certain Decrees related to business conditions under state
management of the Ministry of Industry and Trade, coming into force as of
March 22, 2020.
[13] This Point is amended by Article 5 of the
Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to
certain Decrees related to business conditions under state management of the
Ministry of Industry and Trade, coming into force as of March 22, 2020.
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[15] This Point is amended by Clause 3 Article 10
of the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on
amendments to certain Decrees related to business conditions under state
management of the Ministry of Industry and Trade, coming into force as of
March 22, 2020.
[16] Article 20 of the Government’s Decree No.
71/2018/ND-CP dated May 15, 2018 on elaboration of certain articles of the Law
on Management and use of weapons, explosive materials and combat gears of
industrial explosives and explosive precursors, coming into force as of July 1,
2018 stipulates as follows:
“Article 20. Effect
1. This Decree
comes into force from July 01, 2018.
2. The
Decree No. 54/2012/ND-CP, regulations on explosive precursors in Decree No.
76/2014/ND-CP, Chapter III of Decree No. 77/2016/ND-CP, Chapter VII of Decree
No. 08/2018/ND-CP./.”
Article 21 of the Government’s
Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain
Decrees related to business conditions under state management of the Ministry
of Industry and Trade, coming into force as of March 22, 2020 stipulates as
follows:
“Article 21. Effect
and implementation
1. This
Decree comes into force from March 22, 2020, except for the regulations laid
down in Clauses 2 and 3 of this Article.
2. Regulations
on manufacturing, assembly and import of motor vehicles and provision of motor
vehicle warranty and maintenance services specified in this Decree come into
force from the date of its signature.
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4. The
phrase “danh nghĩa Quốc gia Việt Nam” (“the name of Vietnam”) in Point dd
Clause 6 and content “Việc tổ chức tham gia hội chợ, triển lãm thương mại tại
nước ngoài với danh nghĩa Quốc gia Việt Nam phải đạt được tiêu chuẩn theo quy định
của Bộ Công Thương” (“The organization of participation in overseas trade fairs
and exhibitions under the name of Vietnam must meet standards as regulated by
the Ministry of Trade and Industry”) in Clause 12 Article 29; the phrase “Văn bản
thỏa thuận/Hợp đồng gửi kèm” (“Enclosed with the agreement”) specified at
ordinal number 11 in the Form No. 01 and ordinal number 9 in the Form No. 02
and the phrase “việc sử dụng danh nghĩa Quốc gia Việt Nam” (“Use of the word
“Vietnam””) at ordinal number 1 in the Form No. 10 of the Appendix enclosed with
the Government’s Decree No. 81/2018/NĐ-CP dated May 22, 2018 are repealed.
5. Ministers,
heads of ministerial agencies, heads of Governmental agencies, Presidents of
People's Committees of provinces and central-affiliated cities are responsible
for providing guidelines and implementing this Decree./.”