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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.:
28/2017/TT-BCT
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Hanoi, December
08, 2017
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CIRCULAR
AMENDMENTS
TO AND ABROGATION OF CIRCULARS PRESCRIBING PETROLEUM TRADING, PROVISION OF
CONFORMITY ASSESSMENT SERVICES, IMPORT AND EXPORT UNDER THE STATE MANAGEMENT OF
MINISTRY OF INDUSTRY AND TRADE
Pursuant to the Government’s Decree No. 98/2017/ND-CP
dated August 18, 2017 defining the functions, tasks, powers and organizational
structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No.
83/2014/ND-CP dated September 03, 2014 on petroleum trading;
Pursuant to the Government’s Decree No.
132/2008/ND-CP dated December 31, 2008 elaborating certain articles of the Law
on quality of goods and products;
Pursuant to the Government’s Decree No.
107/2016/ND-CP dated July 01, 2016 on eligibility requirements to be satisfied
by conformity assessment service providers;
Pursuant to the Government’s Decree No.
34/2016/ND-CP dated May 14, 2016 providing guidelines for implementation of the
Law on promulgation of legislative documents;
Pursuant to the Government’s Decree No. 63/2010/ND-CP
dated June 08, 2010 on control of administrative procedures and the
Government’s Decree No. 48/2013/ND-CP dated May 14, 2013 on amendments to
Decrees on control of administrative procedures and the Government’s Decree No.
92/2017/ND-CP dated August 07, 2017 on amendments to Decrees on control of
administrative procedures;
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The Minister of Industry and Trade promulgates a
Circular providing amendments to and abrogation of Circulars prescribing petroleum
trading, provision of conformity assessment services, import and export under
the state management of the Ministry of Industry and Trade.
Article 1. Amendments to
Article 6 of the Circular No. 38/2014/TT-BCT dated October 24, 2014 of the
Minister of Industry and Trade elaborating the Government's Decree No.
83/2014/ND-CP dated September 03, 2014 on petroleum trading
“Article 6. Issuance of licenses and
certificates
1. The trader that wishes to apply for issuance,
modification or re-issuance of the license to import/export petroleum, the
certificate of eligibility for petroleum distribution, the certificate of
eligibility to act as petroleum general agent or petroleum retailing agent or
the certificate of eligibility to retail petroleum shall submit an application
to the Ministry of Industry and Trade or the Provincial Department of Industry
and Trade in the form of official document or electronically to the email
address published on the website of Ministry of Industry and Trade or the
Provincial Department of Industry and Trade.
2. Administrative procedures followed by the
Ministry of Industry and Trade
a) If the application is invalid, the Ministry of
Industry and Trade shall, within 07 business days from the receipt of the
application, request the applicant in writing to modify it;
b) Within 30 business days from the receipt of the
sufficient and valid application, the Ministry of Industry and Trade shall
examine and appraise the received application as well as the actual capacity of
the applicant, and then issue the license to import/export petroleum, the
certificate of eligibility for petroleum distribution or the certificate of
eligibility to act as petroleum general agent (if the applicant’s distribution
system involves 02 provinces or more) to the qualified applicant;
c) Depending on the specific case, the Ministry of
Industry and Trade shall cooperate or authorize the Department of Industry and
Trade of the province where the applicant’s headquarters or its petroleum
trading establishment is located to appraise and evaluate the actual capacity
of the applicant and send report thereof to the Ministry of Industry and Trade
for considering granting the certificate of eligibility for petroleum
distribution or the certificate of eligibility to act as petroleum general
agent;
d) If the results of the inspection visit to the
applicant’s premises do not match with the submitted application, the Ministry
of Industry and Trade shall refuse to grant the license or certificate and
provide reasons for refusal in writing to the applicant.
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3. Administrative procedures followed by each
Provincial Department of Industry and Trade
a) If the application is invalid, the Provincial
Department of Industry and Trade shall, within 03 business days from the
receipt of the application, request the applicant in writing to modify it;
b) Within 20 business days from the receipt of the
sufficient and valid application, the Provincial Department of Industry and
Trade shall examine and appraise the received application as well as the actual
capacity of the applicant, and then issue the certificate of eligibility to act
as petroleum general agent (if the applicant has a distribution system in a
province only), the certificate of eligibility to act as petroleum retailing
agent or the certificate of eligibility to retail petroleum to the qualified
applicant;
c) If the results of the inspection visit to the
applicant’s premises do not match with the submitted application, the Provincial
Department of Industry and Trade shall refuse to grant the certificate and
provide reasons for refusal in writing to the applicant;
d) If the results of the inspection visit to the
applicant’s premises match with the submitted application, the Provincial
Department of Industry and Trade shall grant the certificate to the applicant;
d) If the results of the inspection visit to the
applicant’s premises match with the submitted application, the Provincial
Department of Industry and Trade shall grant the certificate to the applicant
according to Form No. 4, Form No. 8 or Form No. 10 provided in the Appendix
enclosed with the Decree No. 83/2014/ND-CP.
4. Applicants shall pay application processing fees
in accordance with laws. The collected fees shall be used in accordance with
regulations promulgated by the Ministry of Finance and the Ministry of Industry
and Trade.”
Article 2. Amendments to and
abrogation of certain Articles of the Circular No. 48/2011/TT-BCT dated
December 30, 2011 of the Minister of Industry and Trade providing for quality
control of group-2 products and goods under the management of the Ministry of
Industry and Trade
1. Article 10b is added as follows:
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1. The conformity assessment body has completed
procedures for registration of operations as regulated in Article 5, Article 9,
Article 13 and Article 17 of the Government’s Decree No. 107/2016/ND-CP dated
July 01, 2016 and has been issued with the certificate of eligibility to
provide conformity assessment services by a competent authority.
2. It has sufficient technical documents, necessary
standards and testing procedures conformable with corresponding technical regulations
promulgated by the Ministry of Industry and Trade.”
2. Article 11, Article 12, Article 13 and Article
14 are abrogated.
Article 3. Amendments to and
abrogation of certain Articles of the Circular No. 33/2015/TT-BCT dated October
27, 2015 of the Minister of Industry and Trade prescribing technical safety
inspection for electrical tools and equipment
1. Point b Clause 2 Article 6 is amended as
follows:
“b) The inspection of electrical equipment which is
not subject to Point a of this Clause shall be carried out on a periodical
basis according to the manufacturer's instructions but the maximum interval
between inspections of electrical tools and equipment in Section II and Section
III Appendix I enclosed with the Circular No. 33/2015/TT-BCT shall not exceed
36 months.
2. Article 7 is amended as follows:
“1. Inspections of electrical tools and equipment
shall be carried out by inspection bodies that meet the requirements in Article
9 of the Government's Decree No. 107/2016/ND-CP dated July 01, 2016 and have
been issued with the certificate of eligibility to provide inspection services
by the Ministry of Industry and Trade.
Application and procedures for grant of certificate
of eligibility to provide inspection services shall comply with Article 10,
Article 11 and Article 12 of the Decree No. 107/2016/ND-CP.
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3. Upon completion of inspection, the inspection
body shall stick inspection stamps on electrical tools and equipment that meet
the inspection requirements.
a) Inspection stamp is prescribed in the Appendix
III enclosed with the Circular No. 33/2015/TT-BCT. The inspection stamp must be
stuck at a place which is noticeable and free from adverse impacts of the
environment;
b) If the electrical equipment or tool is located
at a place or in an environment where inspection stamps cannot be stuck, upon
completion of inspection, the inspection body shall issue the certificate of
inspection as replacement for stamps.”
3. Point b Clause 1 Article 10 is amended as
follows:
“b) Receive and consider applications for
certificate of eligibility to provide inspection services, and publish list of
inspection bodies on the website of the Ministry of Industry and Trade”.
4. Point h Clause 4 Article 10 is amended as
follows:
“Provide professional training and grant inspector
cards to qualified persons in accordance with laws. The training
documents include those about measurement and quality of products and goods as
prescribed by law and inspection contents prescribed in the Circular No.
33/2015/TT-BCT.
5. Clause 2 Article 3, Clause 9 Article 5, Article
8, Article 9, Point a Clause 4 Article 10, Section I Appendix I, Appendixes IV,
V, VI, VII, VIII enclosed with the Circular No. 33/2015/TT-BCT are abrogated.
Article 4. Amendments to the
Circular No. 12/2016/TT-BCT dated July 05, 2016 of the Minister of Industry and
Trade providing amendments to the Circular No. 41/2012/TT-BCT dated December
21, 2012 of the Minister of Industry and Trade prescribing export of minerals
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2. The phrase “Bản sao có chứng thực theo quy định”
(“certified true copy”) in Clause 3 Article 1 is replaced by the phrase “Bản
sao từ sổ gốc hoặc bản sao có chứng thực hoặc bản sao xuất trình kèm bản chính
để đối chiếu” (“copy from the master register or certified true copy or copy
presented with its original for verification purpose”).
Article 5. Amendments to the
Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and
Trade prescribing coal export
Clause 2a is added to Article 5 as follows:
“2a. Documents prescribed in Point a, Point b
Clause 2 Article 5 of this Circular are copies from the master register or
certified true copies or copies presented with their originals for verification
purpose”.
Article 6. Abrogation of some
Circulars
The following shall be abrogated:
1. Chapter IV of the Circular No. 44/2010/TT-BCT
dated December 31, 2010 of the Minister of Industry and Trade elaborating the
Government's Decree No. 109/2010/ND-CP dated November 04, 2010 on rice export.
2. The Circular No. 20/2011/TT-BCT dated May 12,
2011 of the Minister of Industry and Trade on procedures for import of
passenger cars of up to 09 seats and the Circular No. 04/2017/TT-BCT dated
March 09, 2017 of the Minister of Industry and Trade providing amendments to
the Circular No. 20/2011/TT-BCT.
Article 7. Transition
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Article 8. Implementation
1. This Circular comes into force as from January
01, 2018.
2. Difficulties that arise during the implementation
of this Circular should be promptly reported to the Ministry of Industry and
Trade for consideration./.
MINISTER
Tran Tuan Anh