Thông tư 06/2015/TT-BCT

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.

Chapter I

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.”

c) Point c Clause 3 Article 18: “c) Health certificates issued by district or higher-level health establishments to the entities prescribed in Point a of this Clause.”

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.”

Article 4. Amendments to Circular No. 20/2013/TT-BCT dated August 05, 2013 by Minister of Industry and Trade stipulating the plan and measures for prevention and response to events of chemical hazards in industrial sector

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.

Article 6. Amendments to Circular No. 27/2013/TT-BCT dated October 31, 2013 by Minister of Industry and Trade providing for inspection of electrical activities and electrical consumption, settlement of disputes over power purchase agreements

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: 

 “3. The application dossier for re-issuance of License for establishment of commodity exchange includes:

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./.

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)

CERTIFICATE

Chemical declaration … (5)

……………………………………………………. (2) This is to certify:

Company…………(6), head office’s address………….., telephone……., fax……. has completed the declaration of the following chemicals…… (5): 1.

2.

3.

 (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).

Notes:

 (1) Name of the governing authority of the issuing authority

 (2) Name of the issuing authority

 (3) Abbreviated letters of the name of the issuing authority

 (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.