Thông tư 13/2020/TT-BCT

CIRCULAR

ON AMENDMENTS TO AND ANNULMENT OF CERTAIN REGULATIONS ON BUSINESS CONDITIONS UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to Government's Decree No. 98/2017/ND-CP dated November 27, 2017 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 17/2020/ND-CP dated February 5, 2020 of the Government on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade;

At the request of Director of Department of Legal Affairs;

The Minister of Industry and Trade promulgates a Circular on amendments to and annulment of certain regulations on business conditions under management of the Ministry of Industry and Trade.

Chapter I

FOOD BUSINESS

Article 1. Addition and annulment of certain provisions of Circular No. 43/2018/TT-BCT dated November 15, 2018 of the Minister of Industry and Trade on food safety management by the Ministry of Industry and Trade

1. Articles 4 and 5 are annulled.

2. Forms No. 01a, 01b, 02a, 02b, 3a, 3b, 04, 05a, 05b, 05c of Appendices appended to Circular No. 43/2018/TT-BCT are annulled.

3. Clause 1 is added to Article 6 as follows:

“4. Establishment owners certify completion of training course in food safety using Forms 01 and 02 of Appendix thereto".

Article 2. Annulment of certain contents in Article 9 of Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated April 9, 2014 between the Minister of Health, the Minister of Agriculture and Rural development, and the Minister of Industry and Trade on guidelines for allocation of tasks and cooperation among regulatory agencies in food safety management

The following text “The Department of Science and Technology affiliated to the Ministry of Industry and Trade shall advise the Minister of Industry and Trade on appointing the agencies and units specialized in the food industry to verify knowledge of food safety” is annulled.

Chapter II

CHEMICALS

Article 3. Amendments to and annulment of certain provisions of Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade on guidelines for Decree No. 38/2014/ND-CP dated May 06, 2014 by the Government on management of chemicals governed by the Convention on prohibition of the development, production, stockpiling, use and destruction of chemical weapons

1. Clause 1 Article 6 is amended as follows:

"Photocopies of the Enterprise registration certificate or the Investment certificate or the Certificate of Business registration."

2. Clauses 3, 5 and 6 of Article 6 are annulled.

3. Form No. 2 of Appendix appended to Circular is annulled.

Article 4. Annulment of certain provisions of Circular No. 48/2018/TT-BCT dated November 21, 2018 of the Minister of Industry and Trade on amendments to Circular No. 55/2014/TT-BCT dated December 19, 2014 of the Minister of Industry and Trade on guidelines for Decree No. 38/2014/ND-CP dated May 06, 2014 by the Government on management of chemicals governed by the Convention on prohibition of the development, production, stockpiling, use and destruction of chemical weapons

1. Clause 1 Article 1 is annulled.

2. Clauses 1 and 2 of Article 2 are annulled.

Chapter III

MINERAL BUSINESS

Article 5. Amendments to and annulment of certain provisions of Circular No. 12/2016/TT-BCT dated July 5, 2016 of the Minister of Industry and Trade on amendments to Circular No. 41/2012/TT-BCT of December 21, 2012, providing the export of minerals

1. Clause 1 Article 1 is amended as follows:

“This Circular provides the list and quality standards of exported minerals.”

2. Clause 5 Article 1 is amended as follows:

“Article 7. Reports on export of minerals

1. The contents of a report on export of minerals must comply with Forms No. 01 and No. 02 provided in Appendix 2 to this Circular.

2. The export of minerals shall be reported as follows:

a) A trader which exports minerals in a quarter shall make a report according to Form No. 01 provided in Appendix 2 and send it to the Ministry of Industry and Trade (via the Industry Department) and the provincial-level Department of Industry and Trade and Customs Department of the locality where the enterprise is headquartered on the fifteenth day of the first month of the subsequent quarter at the latest.

b) The provincial-level People’s Committee in a locality where mineral exporters are operating shall make general biannual and annual reports according to Form No. 02 provided in Appendix 2 and send them to the Ministry of Industry and Trade (the Heavy Industry Department) on July 31 and January 31 every year at the latest.

3. The trader shall make an extraordinary report upon request of a competent state agency to meet management requirements.”

3. Clause 6 Article 1 is amended as follows:

 “Article 10. Implementation

State management agencies and enterprises involved in the export of minerals shall implement this Circular.  Any problems arising in the course of implementation should be promptly reported in writing to the Ministry of Industry and Trade for consideration and settlement.”

4. Clauses 2, 3 and 4 of Article 1 are annulled.

Article 6. Amendments to and annulment of certain provisions of Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on conditions for coal trading

1. The name of Circular is amended as follows: “Circular on coal business.”

2. Article 1 is amended as follows:

“Article 1. Scope

This Circular sets forth coal business, including the following: domestic trading, export, import, temporary import for re-export, merchanting trade, transport, storage, agencies.”

3. Clause 1 and clause 2 Article 5 is amended as follows:

“1. The Department of Oil and Gas and Coal (affiliated to the Ministry of Industry and Trade) is in charge and shall cooperate with the relevant Ministries, agencies and local governments in periodically inspecting the implementation of this Circular and relevant laws.

2. Depending on the practical coal mining, processing and trading, the Department of Oil and Gas and Coal shall request the Ministry of Industry and Trade to amend this Circular where necessary.”

4. Clause 3 Article 3 is annulled.

Article 7. Amendments to and annulment of certain provisions of Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on coal export

1. Article 7 is amended as follows:

“Article 7. Responsibility for management

1. The Department of Oil and Gas and Coal (affiliated to the Ministry of Industry and Trade) is in charge and shall cooperate with the relevant Ministries, agencies and local governments in periodically inspecting the implementation of this Circular and relevant laws.

2. Depending on the practical coal mining, processing and trading, the Department of Oil and Gas and Coal shall request the Ministry of Industry and Trade to amend this Circular where necessary.”

2. Appendix II appended to this Circular supersedes Appendix I appended to Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade on coal exports.

3. Clause 2 Article 4 is annulled.

4. Article 5 is annulled.

Article 8. Annulment of Article 5 of Circular No. 28/2017/TT-BCT dated December 8, 2017 of the Minister of Industry and Trade on amendments to and annulment of Circulars prescribing petroleum trading, provision of conformity assessment services, import and export under the state management of the Ministry of Industry and Trade.

Chapter IV

POWER

Article 9. Annulment of clause 2 Article 25 of Circular No. 43/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade on content, sequence, procedures for formulation, assessment, approval and adjustment to electricity development planning amended by Article 2 of Circular No. 24/2016/TT-BCT dated November 30, 2016 of the Minister of Industry and Trade on certain matters as to shortening period of access to electricity.

Chapter V

IMPLEMENTATION

Article 10. Entry in force

1. This Decree comes into force as of August 3, 2020.

2. Units affiliated to Ministry of Industry and Trade and relevant entities shall implement this Circular./.