Văn bản hợp nhất 17/VBHN-BCT năm 2020 hợp nhất Nghị định sửa đổi Nghị định liên quan đến điều kiện đầu tư kinh doanh thuộc lĩnh vực quản lý nhà nước của Bộ Công Thương

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;

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 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”)

1. Clause 1 Article 7 is amended as follows:

 “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".

b) The following content of Clause 4 shall be annulled: “Two (2) 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%)) vehicles transporting domestic petrol and oil with the total load capacity of at least three thousand cubic meters (3,000 m3)”.

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".

3. Clause 1 and Clause 6 Article 12 are amended as follows:

 “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)".

7. Point b Clause 1, Point b Clause 2 and Point b Clause 3 Article 26 are amended as follows:

 “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.

8. Clause 3, 6 and 7 Article 13.

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

Chapter III

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.

2. Certain contents of Article 29 are amended as follows:

"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:

a) The paragraph: “The organization registering for electricity distribution, 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 distribution shall satisfy the following conditions:”.

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:

a) The paragraph: “Organizations and individuals registering for electricity retailing, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “Organizations established under regulations of law and individuals registering for electricity retailing shall satisfy the following conditions:”.

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. 

4. A table classifying capacity of electrical works applied to electrical consulting services: 

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.

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 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.”

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.”

12. Certain contents of Article 43 are amended as follows:

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.”

Article 7. Annulment of certain articles and clauses of the Decree No. 137/2013/ND-CP

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.

10. Clauses 1, 2 and 4 Article 41.

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

Chapter V

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:

 “dd) Have criteria and procedures for assessing the policy on personal information protection ensuring publicity, transparency and consistency;"

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)

Chapter VIII

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:

 “g) Water, after being treated until it qualifies for milk production, shall be stored and preserved in dedicated containers so as to avoid the contamination from other sources of pollution”.

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.

7. Points b, d and dd Clause 2 Article 33.

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:

 “Filling equipment shall be cleaned every day or after each production cycle of each type of product; Only responsible or authorized persons shall be entitled to enter the filling and packaging area to avoid cross-contamination”.

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".

dd) The following contents of Point a Clause 8:

 “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:

 “The finished product warehouse shall ensure humidity and temperature suitable for each type of vegetable oil, avoidance of direct exposure of products to sunlight; have all information about names of products, production batches, and dates of manufacturing, production shifts and other information regulated by the producer”.

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./.

[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;

Pursuant to the Law on Government Organization dated June 19, 2015;

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.

[4]This Point is amended by Clause 4 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.

[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.

[14] This Chapter is annulled as prescribed in Clause 2 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.

[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.

3. Regulations on spirit trading specified in this Decree come into force from the date of its signature.

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./.”

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