Circular No. 42/2019/TT-BCT

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF PROVISIONS ON PERIODIC REPORTING REGIMES IN CIRCULARS ISSUED OR JOINTLY ISSUED BY THE MINISTER OF INDUSTRY AND TRADE

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government regulating the reporting regime of state administrative agencies;

At the proposal of the Chief of the Ministry Office;

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of provisions on periodic reporting regimes in Circulars issued or jointly issued by the Minister of Industry and Trade.

Chapter I

ENERGY EFFICIENCY SECTOR

Article 1. Amending and supplementing a number of articles of Circular No. 09/2012/TT-BCT dated April 20, 2012 of the Minister of Industry and Trade regulating the formulation of plans and reports on the implementation of energy efficiency and conservation plans; and the conduct of energy audits

1. Clause 8, Article 12 is amended and supplemented as follows:

“8. Prepare a list of local key energy-consuming establishments, report it to the provincial People's Committee, and send it directly or by postal service to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) before February 1 each year, using Form No. 1.12 in Appendix I issued with this Circular”

2. Form No. 1.12 of Appendix I of Circular No. 09/2012/TT-BCT is added (in the Appendix issued with this Circular).

Article 2. Amending and supplementing a number of articles of Circular No. 19/2016/TT-BCT dated September 14, 2016 of the Minister of Industry and Trade regulating energy consumption norms in the beer and beverage manufacturing industry

1. Clause 3, Article 9 is amended and supplemented as follows:

“3. Compile the implementation of local energy norms in the beer and beverage manufacturing industry and report in writing, sent directly or by postal service, to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) before January 31 each year as prescribed in Appendix V of this Circular.”

2. Clause 2, Article 10 is amended and supplemented as follows:

“2. Before January 15 each year, production establishments in the beer and beverage manufacturing industry are responsible for reporting to the local Department of Industry and Trade. Before January 31 each year, the Department of Industry and Trade is responsible for compiling and reporting in writing, sent directly or by postal service, to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) on the unit's implementation of energy consumption norms as prescribed in Appendix VI of this Circular.”

3. The phrase “General Directorate of Energy” is amended to “Department of Energy Efficiency and Sustainable Development” in Appendix V of Circular No. 19/2016/TT-BCT.

Article 3. Amending and supplementing a number of articles of Circular No. 20/2016/TT-BCT dated September 20, 2016 of the Minister of Industry and Trade regulating energy consumption norms in the steel industry

1. Clause 3, Article 9 is amended and supplemented as follows:

“3. Compile the implementation of local energy norms in the steel manufacturing industry and report in writing, sent directly or by postal service, to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) before January 31 each year as prescribed in Appendix IV of this Circular.

2. Clause 2, Article 10 is amended and supplemented as follows:

“2. Before January 15 each year, production establishments in the steel manufacturing industry are responsible for reporting in writing to the local Department of Industry and Trade, sent directly or by postal service, on the unit's implementation of energy consumption norms as prescribed in Appendix III of this Circular.”

Article 4. Amending and supplementing a number of articles of Circular No. 36/2016/TT-BCT dated December 28, 2016 of the Minister of Industry and Trade regulating energy labeling for energy-using means and equipment under the management of the Ministry of Industry and Trade

1. Clauses 2 and 3, Article 8 are amended and supplemented as follows:

“2. Before January 15 each year, enterprises implementing energy labeling are responsible for preparing a written report, sent directly or by postal service, to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) and the Department of Industry and Trade on the quantity and types of means and equipment manufactured, consumed and energy-labeled during the year immediately preceding the reporting period, using the form in Appendix 3.

3. Before January 15 each year, testing organizations are responsible for preparing a written report, sent directly or by postal service, to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) on the quantity and types of means and equipment tested for energy labeling during the year immediately preceding the reporting period, using the form in Appendix 4.”

2. Clause 2, Article 12 is amended and supplemented as follows:

“2. Receive and compile enterprises' reported information on manufactured and imported means and equipment on the local List of means and equipment subject to mandatory energy labeling each year, and on means and equipment that have been energy-labeled during the year, using the form in Appendix 5, and send it directly or by postal service to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) before March 15 of the following year.”

3. Appendix 5 of Circular No. 36/2016/TT-BCT is added (in the Appendix issued with this Circular).

Article 5. Amending and supplementing a number of articles of Circular No. 38/2016/TT-BCT dated December 28, 2016 of the Minister of Industry and Trade regulating energy consumption norms in the plastics industry

1. Clause 3, Article 9 is amended and supplemented as follows:

“3. Annually, compile the implementation of local energy norms in the plastics industry and report to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) in writing, sent directly or by postal service, before January 31 of the following year, as prescribed in Appendix III of this Circular.”

2. Clause 2, Article 10 is amended and supplemented as follows:

“2. Before January 15 each year, plastic product manufacturing establishments are responsible for reporting in writing to the local Department of Industry and Trade, sent directly or by postal service, on the unit's implementation of the energy consumption rate for the previous year, as prescribed in Appendix IV of this Circular.”

Article 6. Amending and supplementing a number of articles of Circular No. 24/2017/TT-BCT dated November 23, 2017 of the Minister of Industry and Trade regulating energy consumption norms in paper manufacturing

1. Point b, Clause 2, Article 8 is amended and supplemented as follows:

“b) Compile the implementation of the energy consumption norm in the current year of local paper manufacturing units and report to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) in writing, sent directly or by postal service, before January 31 of the following year, as prescribed in Appendix III of this Circular.”

2. Clause 2, Article 9 is amended and supplemented as follows:

“2. Before January 15 each year, paper manufacturing establishments are responsible for reporting in writing to the local Department of Industry and Trade, sent directly or by postal service, on the unit's implementation of the energy consumption rate for the previous year, as prescribed in Appendix IV of this Circular.”

Article 7. Amending and supplementing a number of articles of Circular No. 52/2018/TT-BCT dated December 25, 2018 of the Minister of Industry and Trade regulating energy consumption norms in the seafood processing industry, applicable to industrial processing of catfish and shrimp product groups

1. Clause 2, Article 6 is amended and supplemented as follows:

“2. Before January 15 each year, seafood processing establishments are responsible for reporting in writing to the local Department of Industry and Trade, sent directly or by postal service, on the unit's implementation of the energy consumption norm for the previous year, as prescribed in Appendix IV of this Circular.

For seafood processing establishments whose energy consumption rate is higher than the energy consumption norm prescribed in this Circular, in addition to the above reporting content, the establishment is also responsible for reporting on its plan to improve energy efficiency, clearly stating energy-saving solutions and the implementation plan, as prescribed in Clause 1 of this Article.”

2. Clause 3, Article 9 is amended and supplemented as follows:

“3. Compile the annual compliance with energy norms of local seafood processing establishments and report to the Ministry of Industry and Trade (Department of Energy Efficiency and Sustainable Development) in writing, sent directly or by postal service, before January 31 of the following year, as prescribed in Appendix III of this Circular.”

Chapter II

SCIENCE AND TECHNOLOGY SECTOR

Article 8. Amending and supplementing a number of articles of Circular No. 48/2014/TT-BCT dated December 5, 2014 of the Minister of Industry and Trade promulgating the national technical regulation on equipment and auxiliary facilities used in the storage and distribution of E10 biofuel at petrol stations

1. Section 5.2 of QCVN 02:2014/BCT issued with Circular No. 48/2014/TT-BCT is amended and supplemented as follows:

“5.2. Departments of Industry and Trade of provinces and centrally run cities are responsible for guiding and inspecting the implementation of this technical regulation locally, and reporting in writing, sent directly or by postal service, to the Ministry of Industry and Trade (Department of Science and Technology) on the implementation status and any difficulties or problems, periodically before January 31 of the following year, using the form in Appendix A of this Regulation.”

2. Appendix A is added to QCVN 02:2014/BCT issued with Circular No. 48/2014/TT-BCT (in the Appendix issued with this Circular).

Article 9. Amending and supplementing a number of articles of Circular No. 50/2014/TT-BCT dated December 15, 2014 of the Minister of Industry and Trade regulating the management of science and technology tasks of the Ministry of Industry and Trade

Clause 1, Article 32 is amended and supplemented as follows:

“1. Periodically, in the last week of each 6-month reporting period from the contract signing date, or upon ad hoc request from the Ministry of Industry and Trade, organizations and individuals presiding over the implementation of a task shall report to the Ministry of Industry and Trade (Department of Science and Technology) in writing, sent directly, by email system, or by postal service, on the implementation of the science and technology task, using Form B17-BCĐK-BCT issued with this Circular.”

Article 10. Amending and supplementing a number of articles of Circular No. 36/2015/TT-BCT dated October 28, 2015 of the Minister of Industry and Trade promulgating the national technical regulation for tissue paper and toilet paper products

1. Section 4.4 of QCVN 09:2015/BCT issued with Circular No. 36/2015/TT-BCT is amended and supplemented as follows:

“4.4. Conformity assessment organizations for tissue paper, toilet paper and tissue products, once designated by the Ministry of Industry and Trade, are responsible for:

- Preparing a list of the batches of goods assessed and reporting to the Ministry of Industry and Trade (Department of Science and Technology) in writing, sent directly, by email system, or by postal service, in the last week of the last month of each quarter, using the form in Appendix B of this Regulation;

- Conducting conformity assessment in accordance with this technical regulation.”

2. Appendix B is added to QCVN 09:2015/BCT issued with Circular No. 36/2015/TT-BCT (in the Appendix issued with this Circular).

Article 11. Amending and supplementing a number of articles of Circular No. 21/2017/TT-BCT dated October 23, 2017 of the Minister of Industry and Trade promulgating the national technical regulation on the limit of formaldehyde content and aromatic amines transformed from azo dyes in textile products

1. Section 4.1.3 of QCVN 01:2017/BCT is amended and supplemented as follows:

“4.1.3. Departments of Industry and Trade of provinces and centrally run cities shall:

- Receive conformity declarations and post them on the Department's information portal;

- Report to the Ministry of Industry and Trade (Department of Science and Technology) in writing, sent directly, by email system, or by postal service, on the number of products with conformity declarations, in the last week of the second and fourth quarters each year, using report form No. 02 prescribed in Appendix IV attached to this Regulation.”

2. Section 4.3 of QCVN 01:2017/BCT is amended and supplemented as follows:

“4.3. Responsibilities of conformity assessment organizations

- Conduct conformity assessment for textile products;

- Issue conformity declaration numbers for products and goods assessed under Method 7. Publish the conformity declaration number on the organization's own website.

- Quarterly, report to the Ministry of Industry and Trade (Department of Science and Technology) in writing, sent directly, by email system, or by postal service, the conformity assessment results on product and goods quality as prescribed in this Regulation, before the 15th of the first month of the following quarter, using report form No. 03 prescribed in Appendix IV attached to this Regulation. In ad hoc cases, reporting shall be done at the request of the Ministry of Industry and Trade.

- Comply with the provisions of Decree 107.”

Chapter III

INDUSTRIAL EXPLOSIVE MATERIALS AND EXPLOSIVE PRECURSORS USED TO MANUFACTURE INDUSTRIAL EXPLOSIVE MATERIALS SECTOR

Article 12. Amending and supplementing a number of articles of Circular No. 13/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade regulating the management and use of industrial explosive materials and explosive precursors used to manufacture industrial explosive materials, and abolishing the periodic reporting regime on the quality of industrial explosive material products and explosive precursors used to manufacture industrial explosive materials prescribed in national technical regulations issued by the Minister of Industry and Trade

1. Clause 3, Article 18 is added as follows:

“3. The periodic reporting regime for industrial explosive material activities and for explosive precursor activities used to manufacture industrial explosive materials prescribed in this Circular shall be carried out directly or by postal service.”

2. Point a, Clause 4, Article 21 is amended and supplemented as follows:

“a) The management and use of industrial explosive materials and explosive precursors used to manufacture industrial explosive materials within the province, before July 15 for the 6-month periodic report and before January 15 for the annual periodic report, as prescribed in Form 3 of Appendix IX issued with this Circular, shall be sent directly or by postal service.”

3. Form 1 of Appendix IX issued with Circular No. 13/2018/TT-BCT is amended and supplemented (in the Appendix issued with this Circular).

4. The following reporting regime provisions in the national technical regulations are abolished:

a) Section 5.2 of QCVN 02:2013/BCT issued with Circular No. 16/2013/TT-BCT dated July 17, 2013 of the Minister of Industry and Trade promulgating the national technical regulation on non-electric millisecond delay detonator signal tubes safe for use in coal mines containing methane gas.

b) Section 5.2 of QCVN 03:2013/BCT issued with Circular No. 17/2013/TT-BCT dated July 17, 2013 of the Minister of Industry and Trade promulgating the national technical regulation on non-electric millisecond delay detonators safe for use in coal mines containing methane gas.

c) Section 4.3 of QCVN 01:2015/BCT issued with Circular No. 14/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade promulgating the national technical regulation on electric blasting machines.

d) Section 5.3 of QCVN 02:2015/BCT issued with Circular No. 15/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade promulgating the national technical regulation on detonators of all kinds.

đ) Section 5.3 of QCVN 04:2015/BCT issued with Circular No. 16/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade promulgating the national technical regulation on water-resistant detonating cord.

e) Section 5.3 of QCVN 05:2015/BCT issued with Circular No. 17/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade promulgating the national technical regulation on ammonium nitrate used to manufacture emulsion explosives.

f) Section 5.3 of QCVN 06:2015/BCT issued with Circular No. 18/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade promulgating the national technical regulation on industrial safety fuse.

g) Section 5.3 of QCVN 07:2015/BCT issued with Circular No. 19/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade promulgating the national technical regulation on Amonit AD1 explosive.

h) Section 5.3 of QCVN 08:2015/BCT issued with Circular No. 20/2015/TT-BCT dated June 22, 2015 of the Minister of Industry and Trade promulgating the national technical regulation on primer charges used for industrial explosives.

Chapter IV

INDUSTRIAL SAFETY TECHNIQUES AND ENVIRONMENT SECTOR

Article 13. Amending and supplementing a number of articles of Circular No. 18/2013/TT-BCT dated July 31, 2013 of the Minister of Industry and Trade promulgating the national technical regulation on safety of steel liquefied petroleum gas cylinders

1. Article 21 of QCVN 04:2013/BCT is amended and supplemented as follows:

“Article 21. Departments of Industry and Trade of provinces and centrally run cities are responsible for coordinating with relevant agencies and units to guide and organize the implementation of this Regulation within their management area.

Periodically, before December 31 each year, the Department of Industry and Trade is responsible for compiling and reporting to the Ministry of Industry and Trade (Department of Industrial Safety Techniques and Environment) on problems and recommendations related to LPG cylinders within its management area. The report shall be made in writing and sent directly or by postal service to the Ministry of Industry and Trade, using the Report Form on problems and recommendations related to LPG cylinders within the management area of the Department of Industry and Trade in the Appendix issued with this Regulation.”

2. An Appendix is added to QCVN 04:2013/BCT issued with Circular No. 18/2013/TT-BCT (in the Appendix issued with this Circular).

Article 14. Amending and supplementing a number of articles of Circular No. 35/2015/TT-BCT dated October 27, 2015 of the Minister of Industry and Trade regulating environmental protection in the Industry and Trade sector

1. Point c, Clause 1 and Clause 2, Article 15 are amended and supplemented as follows:

“c) Industry and Trade production and business establishments not falling under Point b, Clause 1, Article 15 of this Circular are responsible for reporting to the Department of Industry and Trade in writing, sent directly or by postal service, before March 31 of the year following the reporting year, as prescribed in Appendix 3 issued with this Circular, for compilation and reporting to the Ministry of Industry and Trade.”

“2. Environmental report of the Industry and Trade sector

The Department of Industrial Safety Techniques and Environment shall prepare an annual report on environmental protection work in the fields under the Ministry of Industry and Trade's management and send it to the Ministry of Natural Resources and Environment as prescribed in Circular No. 19/2016/TT-BTNMT dated August 24, 2016 of the Minister of Natural Resources and Environment on reporting on environmental protection work.”

2. Clause 2, Article 17 is amended and supplemented as follows:

“2. Compile and prepare a report on local environmental work in the Industry and Trade sector and send it directly or by postal service to the Ministry of Industry and Trade before April 30 of the year following the reporting year, as prescribed in Appendix 4 issued with this Circular.”

Article 15. Amending and supplementing a number of articles of Circular No. 09/2017/TT-BCT dated July 13, 2017 of the Minister of Industry and Trade regulating occupational safety technical inspection activities under the management authority of the Ministry of Industry and Trade

1. Clause 5, Article 17 is amended and supplemented as follows:

“5. The report shall be sent directly or by postal service before January 15 each year, or on an ad hoc basis upon request, on the status of occupational safety technical inspection activities, using the form in Appendix 2 of this Circular.”

2. Clause 3, Article 18 is amended and supplemented as follows:

“3. The report on inspection implementation shall be sent to the Department of Industry and Trade where the machinery/equipment is installed, directly or by postal service, before January 5 each year, using the form in Appendix 3 of this Circular.”

Article 16. Amending and supplementing a number of articles of Circular No. 31/2017/TT-BCT dated December 28, 2017 of the Minister of Industry and Trade promulgating the national technical regulation on safety in underground ore mining

1. Clause 3, Article 20 of QCVN 04:2017/BCT is amended and supplemented as follows:

“3. Periodically, before July 10 for the 6-month periodic report and before January 10 for the annual periodic report, the mine management and exploitation unit shall report in writing, sent by postal service or email system, to the Department of Industry and Trade of the province or centrally run city where the mine is located, on safety management work, using form No. 01 of Appendix IX of this Regulation; before January 20 of the following year, the Department of Industry and Trade of the province or centrally run city shall report in writing, sent directly or by postal service, to the Ministry of Industry and Trade (Department of Industrial Safety Techniques and Environment) on safety management work in underground ore mining activities within its management area, using form No. 03 of Appendix IX of this Regulation.”

2. Clause 2, Article 106 of QCVN 04:2017/BCT is amended and supplemented as follows:

“2. The Department of Industry and Trade shall:

Periodically or on an ad hoc basis, inspect, examine and report on the implementation of the provisions of the Regulation by organizations and individuals related to underground ore mining activities within its management area, to the Ministry of Industry and Trade (Department of Industrial Safety Techniques and Environment) as prescribed in Clause 3, Article 20 of this Regulation.”

Article 17. Amending and supplementing a number of articles of Circular No. 09/2019/TT-BCT dated July 8, 2019 of the Minister of Industry and Trade regulating the management of hydropower dam and reservoir safety

1. Article 10 is amended and supplemented as follows:

“Article 10. Report on the current status of hydropower dam and reservoir safety

1. Owners of hydropower dams and reservoirs are responsible for preparing a Report on the current status of dam and reservoir safety and sending it directly or by postal service to the Department of Industry and Trade where the dam/reservoir is located, within the time limit prescribed in Clause 3, Article 16 of Decree No. 114/2018/NĐ-CP. The report form is prescribed in Appendix IV of this Circular.

2. The Department of Industry and Trade where the dam/reservoir is located is responsible for compiling and reporting on the current status of hydropower dam and reservoir safety within the province to the provincial People's Committee and the Ministry of Industry and Trade (Department of Industrial Safety Techniques and Environment), in writing, sent directly or by postal service, before April 30 each year for dams and reservoirs built in the Northern, North Central, Central Highlands and Southern regions; before August 30 each year for dams and reservoirs built in the South Central region. The report form is prescribed in Appendix IX of this Circular.”

2. Clause 3, Article 12 is amended and supplemented as follows:

“3. Owners of hydropower dams and reservoirs are responsible for preparing a Dam and Reservoir Safety Assessment Report and sending it directly or by postal service to the Department of Industrial Safety Techniques and Environment before March 1 each year for dams and reservoirs built in the Northern, North Central, Central Highlands and Southern regions; before June 1 each year for the South Central region. The report form is prescribed in Appendix VI of this Circular.”

3. Article 15 is amended and supplemented as follows:

“Article 15. Periodic report on state management of hydropower dam and reservoir safety

Periodically, before March 31 each year, the Department of Industry and Trade where the dam/reservoir is located is responsible for compiling and reporting on state management of hydropower dam and reservoir safety within the area for the previous year, sent directly or by postal service, using the form prescribed in Appendix VIII of this Circular, to the provincial People's Committee and the Ministry of Industry and Trade (Department of Industrial Safety Techniques and Environment).”

4. Appendix IX issued with Circular No. 09/2019/TT-BCT is added (in the Appendix issued with this Circular).

Chapter V

PETROLEUM SECTOR

Article 18. Amending and supplementing a number of articles of Circular No. 39/2013/TT-BCT dated December 30, 2013 of the Minister of Industry and Trade regulating the order and procedures for supplementing and adjusting plans, and managing investment in construction projects for petroleum depots, liquefied petroleum gas depots, and liquefied natural gas depots

1. Clause 1, Article 13 is amended and supplemented as follows:

“1. Periodic report

a) Annually, before January 15, the Investor must report in writing to the Department of Industry and Trade on the progress of the investment project for the petroleum depot, LPG depot, or LNG depot on the list of investment projects in the approved petroleum, LPG and LNG depot development plan, sent directly or by postal service, for management and monitoring purposes. The report outline template shall follow Form No. 01 of Appendix V issued with this Circular.

b) Annually, before January 31, the Department of Industry and Trade of the province or centrally run city where an investment project for a petroleum depot, LPG depot, or LNG depot on the list of investment projects in the approved petroleum, LPG and LNG depot development plan is located is responsible for reporting in writing to the Ministry of Industry and Trade (Department of Planning) on the project's implementation progress, sent directly or by postal service, for management and monitoring purposes. The report outline template shall follow Form No. 02 of Appendix V issued with this Circular.”

2. Form No. 01 and Form No. 02 of Appendix V issued with Circular No. 39/2013/TT-BCT are added (in the Appendix issued with this Circular).

Article 19. Amending and supplementing a number of articles of Circular No. 38/2014/TT-BCT dated October 24, 2014 of the Minister of Industry and Trade detailing a number of articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on petroleum trading

1. Clause 2, Article 7 is amended and supplemented as follows:

“2. Report on petroleum import-export-inventory figures and petroleum inventory in the three regions, using Form No. 2 in the Appendix issued with this Circular, sent to the Ministry of Industry and Trade on a monthly, quarterly and annual periodic basis, and provide a prompt report upon request of the Ministry of Industry and Trade. Key traders shall send periodic reports directly or by postal service to the Ministry of Industry and Trade before the 20th of the first month of the following period.”

2. Clause 3, Article 7 is amended and supplemented as follows:

“3. Monthly periodic report on petroleum import, purchase from domestic production sources, petroleum blending, petroleum export, temporary import for re-export, and transshipment of petroleum, using Form No. 5 in the Appendix issued with this Circular, sent directly or by postal service to the Ministry of Industry and Trade before the 20th of the following month.”

3. Clause 4, Article 16 is amended and supplemented as follows:

“4. Petroleum manufacturing traders are responsible for a monthly periodic report on manufacturing, raw material imports, and petroleum product consumption, sent directly or by postal service to the Ministry of Industry and Trade before the 10th of the following month, using Form No. 7 in the Appendix issued with this Circular.”

Chapter VI

IMPORT-EXPORT SECTOR

Article 20. Amending and supplementing a number of articles of Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Natural Resources and Environment regulating the management of import, export and temporary import for re-export of ozone-depleting substances under the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as Circular No. 47)

Article 8 is added as follows:

“Article 8. Reporting regime

Traders shall implement the reporting regime on the import of HCFC substances, using the form prescribed in Appendix VIIb of this Circular, to the Ministry of Industry and Trade as follows:

1. Quarterly report on the import of HCFC substances under issued import licenses, sent to the Ministry of Industry and Trade by postal service before the 5th of the following quarter.

2. Annual report on the implementation of imports under issued licenses, clearly stating the import implementation status, expected implementation, and registration of imports for the following year. The report shall be sent to the Ministry of Industry and Trade by postal service before December 31 each year.

Appendix VIIb of this Circular replaces Appendix VII of Circular No. 47. Where necessary, traders shall report as required in writing by the Ministry of Industry and Trade (Department of Import-Export) on matters related to the import of HCFC substances.”

Article 21. Amending and supplementing a number of articles of Circular No. 28/2012/TT-BCT dated September 27, 2012 of the Minister of Industry and Trade detailing the registration of export and import rights of foreign traders without a commercial presence in Vietnam

Clause 1, Article 12 is amended and supplemented as follows:

“1. The annual periodic activity report of a trader without a commercial presence must be an audited financial statement and shall be prepared using Form BC of Appendix I issued with this Circular. The report must be translated into Vietnamese and legalized by a consulate or notarized in Vietnam. The report shall be sent to the Department of Import-Export, Ministry of Industry and Trade, by postal service, no later than March 31 of the year following the reporting year.”

Article 22. Amending and supplementing a number of articles of Circular No. 37/2013/TT-BCT dated December 30, 2013 of the Minister of Industry and Trade regulating the import of cigarettes and cigars

Clause 3, Article 10 is added as follows:

“3. The periodic reporting regime on the import of cigarettes and cigars shall be sent directly or by postal service.”

Article 23. Amending and supplementing a number of articles of Circular No. 01/2018/TT-BCT dated February 27, 2018 of the Minister of Industry and Trade detailing goods purchased, sold and exchanged through sub-border gates and border openings by traders

1. Point b, Clause 2, Article 4 is amended and supplemented as follows:

“b) Assign the Department of Industry and Trade to preside over and coordinate with relevant agencies in closely monitoring the implementation of this Circular within the area; implement the information and reporting regime in writing, sent by postal service, to the Ministry of Industry and Trade (Department of Import-Export) periodically before the 20th of each month, or on an ad hoc basis upon request. The statistical form accompanying the report on the traders' purchase, sale and exchange activities shall follow the form prescribed in Appendix II issued with this Circular.”

2. Clause 3, Article 4 is amended and supplemented as follows:

“3. Responsibilities of traders engaged in purchasing, selling and exchanging goods through sub-border gates and border openings

Submit a monthly periodic report (before the 20th of each month) or an ad hoc report in writing, sent by postal service, to the Department of Industry and Trade of the border province, on the purchase, sale and exchange of goods through sub-border gates and border openings within the province, using the form prescribed in Appendix II of this Circular.”

Article 24. Amending and supplementing a number of articles of Circular No. 02/2018/TT-BCT dated February 27, 2018 of the Minister of Industry and Trade detailing the List of goods purchased, sold and exchanged by border residents

Point b, Clause 2, Article 4 is amended and supplemented as follows:

“b) Assign the Department of Industry and Trade to preside over and coordinate with relevant provincial agencies in implementing the information and reporting regime in writing, sent by postal service, to the Ministry of Industry and Trade (Department of Import-Export), periodically before the 20th of each month, and on an ad hoc basis upon request. The statistical form accompanying the periodic report on border residents' purchase, sale and exchange of goods shall follow Appendix II issued with this Circular.”

Article 25. Amending and supplementing a number of articles of Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade detailing a number of articles of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management

Clause 4, Article 15 is amended and supplemented as follows:

“4. Traders are responsible for a quarterly periodic report, before the 10th of the first month of the following quarter, or an ad hoc report, in writing, by postal service, on the implementation of imports at the request of the Ministry of Industry and Trade (Department of Import-Export), using the form prescribed in Appendix XIV issued with this Circular.

Before September 30 each year, traders shall submit a report (in lieu of the Quarter III report), sent by postal service to the Ministry of Industry and Trade (Department of Import-Export), assessing the import capacity for the whole year, proposing an increase or decrease in the granted import quota, or reporting the quantity of goods unable to be imported for reallocation to other traders.”

Article 26. Amending and supplementing a number of articles of Circular No. 30/2018/TT-BCT dated October 1, 2018 of the Minister of Industry and Trade detailing a number of articles of Decree No. 107/2018/NĐ-CP dated August 15, 2018 of the Government on rice export trading

Clause 1, Article 10 is amended and supplemented as follows:

“1. Traders shall prepare Quarterly and Annual Periodic Reports using Form No. 04 prescribed in the Appendix issued with Decree No. 107/2018/NĐ-CP.

For the quarterly periodic report, traders shall send it to the Ministry of Industry and Trade before the 20th of the first month of the following quarter. For the annual periodic report, traders shall send it to the Ministry of Industry and Trade before January 20 of the following year.

The report, in the form of an electronic data file, shall be sent to the Ministry of Industry and Trade (Department of Import-Export) by email. In case of technical problems affecting data transmission, traders shall send the report by fax to the Ministry of Industry and Trade (Department of Import-Export).”

Chapter VII

ELECTRICITY SECTOR

Article 27. Amending and supplementing a number of articles of Circular No. 43/2012/TT-BCT dated December 27, 2012 of the Minister of Industry and Trade regulating the management of planning, investment and construction of hydropower projects and the operation and exploitation of hydropower facilities

1. Change “General Directorate of Energy” to “Department of Electricity and Renewable Energy” in Clause 1, Article 28.

2. Clause 3, Article 28 is amended and supplemented as follows:

“3. Periodically, every 6 months, before June 20 and December 20 each year, provincial People's Committees with hydropower projects in their area shall send a report on the implementation of planning management, investment construction and operation and exploitation of hydropower projects in the area to the Ministry of Industry and Trade (Department of Electricity and Renewable Energy) in writing, using the form prescribed in Appendix 3 of this Circular, by postal service.”

3. Form No. 01 and Form No. 02 of Appendix 3 issued with Circular No. 43/2012/TT-BCT are added (in the Appendix issued with this Circular).

Article 28. Amending and supplementing a number of articles of Circular No. 27/2013/TT-BCT dated October 31, 2013 of the Minister of Industry and Trade regulating the inspection of electricity activities and electricity use, and the settlement of electricity purchase and sale contract disputes

1. Article 37 is added as follows:

“Article 37. Reporting regime

1. Before February 15 each year, electricity units within a province are responsible for reporting in writing, sent directly or by postal service, to the Department of Industry and Trade on the electricity use inspection work and the protection of the safety of electricity facilities and grids by electricity inspectors of the unit, using form No. 02 in Appendix 4 issued with this Circular.

2. Before March 1 each year, the Department of Industry and Trade is responsible for reporting in writing, sent directly or by postal service, to the Electricity Regulatory Authority on the organization, training, examination, and issuance of Certificates of Examination Achievement and the issuance and revocation of Electricity Inspector cards; on the inspection and handling of violations in electricity activities, electricity use, and the protection of the safety of electricity facilities and grids; and on the settlement of electricity purchase and sale contract disputes, using form No. 01 in Appendix 4 issued with this Circular.

3. Before March 1 each year, Vietnam Electricity is responsible for reporting in writing, sent directly or by postal service, to the Electricity Regulatory Authority on the electricity use inspection work and the protection of the safety of electricity facilities and grids by electricity inspectors of Vietnam Electricity, the National Power Transmission Corporation, and the Power Corporations, using form No. 02 in Appendix 4 issued with this Circular.”

2. Form No. 01 and Form No. 02 are added to Appendix 4 issued with Circular No. 27/2013/TT-BCT (in the Appendix issued with this Circular).

Article 29. Amending and supplementing a number of articles of Circular No. 24/2016/TT-BCT dated November 30, 2016 of the Minister of Industry and Trade regulating a number of contents on shortening electricity access time

1. Article 3 is amended and supplemented as follows:

“Article 3. Amending and supplementing Article 27 of Circular No. 43/2013/TT-BCT

“Article 27. Periodic reporting regime on access to the medium-voltage electricity grid

Before July 15 and January 15 each year, the electricity distribution unit is responsible for a 6-month and annual periodic report, in writing, sent by postal service, to the Department of Industry and Trade, on the investment and construction of electrical works and the connection of customers using the distribution grid with their own transformer stations, using form No. 01 in the Appendix issued with this Circular.”

2. Clause 2, Article 5 is amended and supplemented as follows:

“2. Annually, the People's Committee of the province or centrally run city is responsible for reporting in writing, sent by postal service, to the Ministry of Industry and Trade (Department of Electricity and Renewable Energy) on the results and assessment of the implementation of electricity access time, using form No. 02 in the Appendix issued with this Circular.”

3. Form No. 01 and Form No. 02 are added to the Appendix issued with Circular No. 24/2016/TT-BCT (in the Appendix issued with this Circular).

Article 30. Amending and supplementing a number of articles of Circular No. 19/2017/TT-BCT dated September 29, 2017 of the Minister of Industry and Trade regulating the content, method and procedure for conducting electricity load research

1. Article 27 is amended and supplemented as follows:

“Article 27. Report on the results of electricity load sample assessment

Before February 1 each year, Vietnam Electricity is responsible for reporting to the Electricity Regulatory Authority, sent by postal service or email system, on the results of the electricity load sample assessment serving the electricity load research of the previous year and the adjustment for the current year, including the following contents:

1. Reviewing and finalizing the criteria for selecting non-household electricity load samples.

2. The calculation, design and selection of electricity load samples.

3. Assessing changes (if any) in the number of electricity load samples compared to the previous year, by load sub-group, load group and load component.

4. Assessing the List of non-household electricity load samples prepared by electricity distribution units against the criteria for selecting non-household electricity load samples.

5. List of load groups and load sub-groups for which electricity load research is to be conducted.”

2. Clause 3, Article 28 is added as follows:

“3. The report on the results of the electricity load curve analysis must be made in writing and sent to the Ministry of Industry and Trade (Electricity Regulatory Authority) by postal service or email system.”

3. Article 29 is amended and supplemented as follows:

“Article 29. Report on the results of the electricity load curve forecast

Before September 1 each year, Vietnam Electricity and the Power Corporations are responsible for reporting in writing, sent by postal service or email system, to the Electricity Regulatory Authority on the results of the electricity load curve forecast within their scope of management, for the electricity system of the three regions and the national system, with the contents prescribed in Article 25 of this Circular.”

Article 31. Amending and supplementing a number of articles of Circular No. 23/2017/TT-BCT dated November 16, 2017 of the Minister of Industry and Trade regulating the content and procedure for implementing electricity load adjustment programs

Clause 4, Article 23 is added as follows:

“4. The report on the results of implementing the electricity load adjustment program and power system operation shall be sent by postal service or email system.”

Article 32. Amending and supplementing a number of articles of Circular No. 02/2019/TT-BCT dated January 15, 2019 of the Ministry of Industry and Trade regulating the implementation of wind power project development and the model electricity purchase and sale contract for wind power projects

Clause 3, Article 9 is amended and supplemented as follows:

“3. Annually, before January 15 and July 15, the provincial People's Committee with wind power projects shall report in writing, sent by postal service, to the Ministry of Industry and Trade (Department of Electricity and Renewable Energy) on the immediately preceding 6-month period, on investment registration activities and project implementation progress within the province, for monitoring and management purposes. The report form is prescribed in Appendix 1 of this Circular.”

Chapter VIII

E-COMMERCE SECTOR

Article 33. Amending and supplementing a number of articles of Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Minister of Industry and Trade regulating the management of e-commerce websites

1. Clause 2, Article 27 is amended and supplemented as follows:

“2. Before January 15 each year, traders and organizations conducting e-commerce website trustworthiness assessment must report the results of the previous year's assessment activities to the Ministry of Industry and Trade (Department of E-commerce and Digital Economy), by postal service or online through the trader's/organization's account on the E-commerce Activity Management Portal, using Form TMĐT-3 and Form TMĐT-4 in the Appendix issued with this Circular.”

2. Form TMĐT-3 and Form TMĐT-4 are added to the Appendix issued with Circular No. 47/2014/TT-BCT (in the Appendix issued with this Circular).

Chapter IX

CONSUMER PROTECTION SECTOR

Article 34. Adding a reporting regime on the results of local implementation of Consumer Rights Day activities in the field of consumer protection

Periodically, before May 30 each year, the People's Committee of the province or centrally run city is responsible for reporting in writing, sent to the Ministry of Industry and Trade (Vietnam Competition and Consumer Authority) by postal service or email system, on the results of local implementation of Consumer Rights Day activities, using form No. BVNTD-01 and form No. BVNTD-02 (in the Appendix issued with this Circular).

Chapter X

SUPPORTING INDUSTRY SECTOR

Article 35. Amending and supplementing a number of articles of Circular No. 55/2015/TT-BCT dated December 30, 2015 of the Minister of Industry and Trade regulating the order and procedure for confirming incentives and post-inspection of incentives for projects manufacturing supporting industry products on the list of priority-development supporting industry products

1. Change “Heavy Industry Department” to “Industry Agency” in Point a, Clause 2, Article 3, Clause 1, and Points c and d, Clause 2, Article 11.

2. Article 10 is amended and supplemented as follows:

“Article 10. Responsibilities of organizations and individuals

Annually (before January 31 of the following year), organizations and individuals that have enjoyed incentives are responsible for reporting in writing, sent to the Ministry of Industry and Trade (Industry Agency) by postal service or email system, on the production and business situation of the products enjoying incentives, using form No. 01 in Appendix 4 issued with this Circular.”

3. Point d, Clause 2, Article 11 is amended and supplemented as follows:

“d) Annually, submit a consolidated report on projects confirmed to enjoy incentives, sent to the Ministry of Industry and Trade (Industry Agency) by postal service or email system, using form No. 02 in Appendix 4 issued with this Circular.”

4. Form No. 01 and Form No. 02 are added to Appendix 4 issued with Circular No. 55/2015/TT-BCT (in the Appendix issued with this Circular).

Chapter XI

IMPLEMENTATION ORGANIZATION

Article 36. Electronic reporting information system of the Industry and Trade sector

1. The Ministry of Industry and Trade is responsible for building an electronic reporting information system within its management functions, meeting the requirements and principles prescribed in Decree No. 09/2019/NĐ-CP, facilitating the compilation and sharing of reported information and saving time and costs for reporting entities.

2. Reporting entities may choose to send periodic reports online through the Ministry of Industry and Trade's electronic reporting information system once the system is officially operational.

Article 37. Effect

1. This Circular takes effect from February 5, 2020.

2. The following provisions are abolished:

a) Clause 6, Article 1 of Circular No. 33/2016/TT-BCT dated December 23, 2016 of the Minister of Industry and Trade amending and supplementing a number of articles of Circular No. 36/2015/TT-BCT dated October 28, 2015 promulgating the national technical regulation for tissue paper and toilet paper products.

b) Article 4 of Circular No. 51/2018/TT-BCT dated December 19, 2018 of the Minister of Industry and Trade amending and supplementing a number of articles of Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Natural Resources and Environment regulating the management of import, export and temporary import for re-export of ozone-depleting substances under the Montreal Protocol on Substances that Deplete the Ozone Layer.

c) Clause 20, Article 1 of Circular No. 31/2018/TT-BCT dated October 5, 2018 of the Minister of Industry and Trade amending and supplementing a number of articles of Circular No. 27/2013/TT-BCT dated October 31, 2013 regulating the inspection of electricity activities and electricity use, and the settlement of electricity purchase and sale contract disputes.

d) Article 29 of Circular No. 43/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade regulating the content, order and procedure for formulating, appraising, approving and adjusting the Electricity Development Plan

3. Current periodic reporting regimes in the Industry and Trade sector must ensure the data cut-off time as prescribed in Article 12 of Decree No. 09/2019/NĐ-CP.

4. In the course of implementation, if difficulties arise, organizations and individuals should report to the Ministry of Industry and Trade for guidance and resolution./.

APPENDIX

(Issued with Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade Amending and Supplementing a Number of Provisions on Periodic Reporting Regimes in Circulars Issued or Jointly Issued by the Minister of Industry and Trade)

PHỤ LỤC I

Mẫu số 1.12

PHỤ LỤC 5

Mẫu báo cáo định kỳ của Sở Công Thương về phương tiện, thiết bị sản xuất, nhập khẩu dán nhãn năng lượng (Ban hành kèm theo Thông tư số 36/2016/TT-BCT ngày 28 tháng 12 năm 2016 của Bộ trưởng Bộ Công Thương quy định dán nhãn năng lượng cho các phương tiện, thiết bị sử dụng năng lượng thuộc phạm vi quản lý của Bộ Công Thương)

PHỤ LỤC IX

Mẫu 1: Báo cáo định kỳ của tổ chức sản xuất, kinh doanh vật liệu nổ công nghiệp, tiền chất thuốc nổ sử dụng để sản xuất vật liệu nổ công nghiệp (Ban hành kèm theo Thông tư số 13/2018/TT-BCT ngày 15 tháng 6 năm 2018 của Bộ trưởng Bộ Công Thương quy định về quản lý, sử dụng vật liệu nổ công nghiệp, tiền chất thuốc nổ sử dụng để sản xuất vật liệu nổ công nghiệp)

PHỤ LỤC IX

Mẫu đề cương báo cáo hiện trạng an toàn đập, hồ chứa thủy điện trên địa bàn tỉnh (Ban hành kèm theo Thông tư số 09/2019/TT-BCT ngày 08 tháng 7 năm 2019 của Bộ trưởng Bộ Công Thương quy định về quản lý an toàn đập, hồ chứa thủy điện)

PHỤ LỤC V

(Ban hành kèm theo Thông tư số 39/2013/TT-BCT ngày 30 tháng 12 năm 2013 của Bộ trưởng Bộ Công Thương quy định trình tự, thủ tục bổ sung, điều chỉnh quy hoạch và quản lý đầu tư đối với dự án đầu tư xây dựng công trình kho xăng dầu, kho khí dầu mỏ hóa lỏng, kho khí thiên nhiên hóa lỏng)

Phụ lục 3

Mẫu Báo cáo tình hình quản lý quy hoạch, đầu tư xây dựng và vận hành khai thác các dự án thủy điện (Ban hành kèm theo Thông tư số 43/2012/TT-BCT ngày 27 tháng 12 năm 2012 của Bộ trưởng Công Thương quy định về quản lý quy hoạch, đầu tư xây dựng dự án thủy điện và vận hành khai thác công trình thủy điện)

PHỤ LỤC 4

Các mẫu báo cáo trong lĩnh vực công nghiệp hỗ trợ (Ban hành kèm theo Thông tư số 55/2015/TT-BCT ngày 30 tháng 12 năm 2015 của Bộ trưởng Bộ Công Thương quy định trình tự, thủ tục xác nhận ưu đãi và hậu kiểm ưu đãi đối với dự án sản xuất sản phẩm công nghiệp hỗ trợ thuộc danh mục sản phẩm công nghiệp hỗ trợ ưu tiên phát triển)