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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 08/2018/ND-CP
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Hanoi, January
15, 2018
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DECREE
ON
AMENDMENTS TO CERTAIN DECREES RELATED TO BUSINESS CONDITIONS UNDER STATE
MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Commercial Law dated June 14,
2005;
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;
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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,
The Government promulgates a Decree on
amendments to certain Decrees related to business conditions under state
management of the Ministry of Industry and Trade.
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”.
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“2. Having special-use 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 are annulled.
2. The following contents of Article 7 are
annulled:
a) The following content of Clause 3 is 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 is 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 is 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".
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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 principal or
agreement to entrust import of tobacco ingredients concluded with a tobacco
manufacturer or an enterprise that processes tobacco ingredients; or agreement
in principal 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 principal or
agreement to entrust import of tobacco ingredients concluded with a tobacco
manufacturer or an enterprise that processes tobacco ingredients; or agreement
in principal 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.
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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 cultivating 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 the inadequate 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".
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The following articles and clauses of the Decree
No. 67/2013/ND-CP are annulled:
1. Clause 5 Article 4.
2. Clause 1 Article 5.
3. Points b, c and d Clause 2 Article 7.
4. Clauses 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. Clauses 3, 6 and 7 Article 13.
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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 and i Clause 1; Points dd, g and i
Clause 2 and Point dd Clause 3 Article 26.
14. Points d, h and i Clause 1; Points d, h and i
Clause 2 and Point d Clause 3 Article 27.
15. Clause 6 Article 29.
16. Clause 3, Point b Clause 4 and Point b Clause 5
Article 36.
Article 5. Clause 7 Article 1
of the Decree No. 106/2017/ND-CP on amendments to certain articles of the
Decree No. 67/2013/ND-CP is annulled.
Chapter III
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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 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 imposing annual funding
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:
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a) The terms: “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 and registering for
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 approved power development planning. Construction works of
power stations are built or installed under approved designs, tested or
commissioned".
3. Certain contents of Article 30 are amended as
follows:
a) The terms: “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 and registering for
electricity transmission shall satisfy the following conditions:”.
b) Clause 1 Article 30 is amended as follows:
“1. Have technological equipment, power lines and
substations that are built or installed in accordance with approved technical
designs; tested or commissioned; have fire safety systems satisfying
requirements”.
4. Certain contents of Article 31 are amended as
follows:
a) The terms: “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 and registering for
electricity distribution shall satisfy the following conditions:”.
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“1. The organization has technological equipment,
power lines and substations that are built or installed, tested or
commissioned; has fire safety systems satisfying requirements.
2. Technicians have at least bachelor's degrees in
electrical engineering and at least 3-year experience of working in the field
of electricity distribution. Operators are trained in electricity engineering
or have certificates of training therein issued by vocational training centers,
have operating procedures and safety regulations tested.”
5. Article 32 is amended as follows:
“Organizations established under regulations of law
and registering for electricity wholesaling shall satisfy the following
conditions: Electricity wholesalers have at least bachelor’s degrees in
electricity engineering, economics, finance or equivalent majors and at least
5-year experience of working in the field of electricity sale and purchase.
Organizations satisfying conditions for electricity
wholesaling shall be entitled to import and/or export electricity”.
6. Certain contents of Article 33 are amended as
follows:
a) The terms: “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) Clause 1 Article 33 is amended as follows:
“1. Electricity retailers have at least
intermediate degrees in electrical engineering, economics, finance or
equivalent majors and at least 3-year experience of working in the field of
electricity sale and purchase”.
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"Article 38. Electricity-related consulting
services
1. Electricity-related consulting services include:
Consulting on investment in electrical construction works (excluding planning
projects or electrical works bidding) and consulting on supervision of
electrical works (including hydroelectric power stations, thermal power
stations, power lines and substations).
2. Provision of electricity-related consulting
services shall only apply to construction works directly related to electricity
or construction works applied under regulations of law on construction.
3. Ranking of scales of electricity sources and
grids serving electricity-related consulting services shall be stated in the
following table:
Hydroelectric
power station
Thermal power
station
Power line and
substation
1st
rank
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Over 300 MW
Over 220 kV
2nd
rank
Up to 300 MW
Up to 300 MW
Up to 220 kV
3rd
rank
Up to 100 MW
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4th
rank
Up to 30 MW
Up to 35 kv
4. Power stations using renewable energy in the principle
of using water energy, wind energy and solar energy shall be ranked and be
entitled to apply to licensing conditions for electricity-related consulting
services same as those for hydroelectric power stations.
5. Power stations using renewable energy in the
principle of conversion from thermal energy shall be ranked and be entitled to
apply to licensing conditions for electricity-related consulting services same
as those for thermal power stations”.
8. Certain contents of Article 39 are amended as follows:
a) The terms: “The organization registering for
providing consulting services for construction 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 of hydroelectric power stations shall satisfy the following
conditions:”.
b) Clause 3 and Clause 6 Article 39 are amended as
follows:
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6. The organization has the number of primary
consulting experts under the following ranking of hydroelectric works:
1st rank: at least 25 experts;
2nd rank: at least 20 experts;
3rd rank: at least 15 experts;
4th rank: at least 10 experts”.
9. Certain contents of Article 40 are amended as
follows:
a) The terms: “The organization registering for
providing consulting services for construction of thermal 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 of thermal power stations shall satisfy the following
conditions:”.
b) Clause 3 and Clause 6 Article 40 are amended as
follows:
“3. The organization has the staff of consulting
experts with primary consulting experts having at least bachelor's degrees in
electrical engineering, thermal power engineering, geological engineering,
environmental engineering or equivalent majors, at least 5-year experience of
working in the field of consulting and designing at least one project on the
thermal power station with equivalent capacity and having suitable construction
certificates.
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1st rank: at least 20 experts;
2nd rank: at least 10 experts”.
10. Certain contents of Article 41 are amended as
follows:
a) The terms: “The organization registering for
providing consulting services for construction 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 of power lines and substations shall satisfy the following
conditions:”.
b) Clause 3 and Clause 6 Article 41 are amended as
follows:
“3. The organization has the staff of consulting
experts with primary consulting experts having at least bachelor's degrees in
electrical engineering, electrical system, electrical equipment, automation,
environmental engineering or equivalent majors, at least 5-year experience of
working in the field of consulting and designing at least one project on power
lines and substation with equivalent voltage and having suitable construction
certificates.
6. The organization has the number of primary
consulting experts under the following ranking of power lines and substation
works:
1st rank: at least 20 experts;
2nd rank: at least 15 experts;
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4th rank: at least 05 experts”.
11. Certain contents of Article 42 are amended as
follows:
a) The terms: “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) Clause 3 and Clause 6 Article 42 are amended as
follows:
“3. The organization has the staff of consulting
experts with primary consulting experts having at least bachelor's degrees in
electrical engineering or equivalent majors, at least 5-year experience of
working in the field of consulting and designing at least one project on the
hydroelectric power station with equivalent capacity and having suitable
construction certificates.
6. The organization has the number of primary
consulting experts under the following ranking of hydroelectric works:
1st rank: at least 20 experts;
2nd rank: at least 17 experts;
3rd rank: at least 12 experts;
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12. Certain contents of Article 43 are amended as
follows:
a) The terms: “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) Clause 3 and Clause 6 Article 43 are amended as
follows:
“3. The organization has the staff of consulting
experts with primary consulting experts having at least bachelor's degrees in
electrical engineering, geological engineering, economics, finance or
equivalent majors, at least 5-year experience of working in the field of
consulting and designing at least one project on the thermal power station with
equivalent capacity and having suitable construction certificates.
6. The organization has the number of primary
consulting experts under the following ranking of thermal works:
1st rank: at least 20 experts;
2nd rank: at least 15 experts”.
13. Certain contents of Article 44 are amended as
follows:
a) The terms: “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:”.
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“3. The organization has the staff of consulting
experts with primary consulting experts having at least bachelor's degrees in
electrical engineering, automation or equivalent majors, at least 5-year
experience of working in the field of consulting and supervising construction
of at least one work of the power lines and substation with equivalent voltage
and having suitable construction certificates.
6. The organization has the number of primary
consulting experts under the following ranking of power lines and substation
works:
1st rank: at least 20 experts;
2nd rank: at least 15 experts;
3rd rank: at least 10 experts;
4th rank: at least 5 experts”.
Article 7. Annulment of certain
articles and clauses of the Decree No. 137/2013/ND-CP
The following articles and clauses of the Decree
No. 137/2013/ND-CP are annulled:
1. Clause 3 Article 2.
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3. Article 28.
4. Clause 3 Article 31.
5. Clauses 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.
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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 are annulled.
Chapter V
E-COMMERCE
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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.
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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 is annulled.
Article 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 dd, e, g, h and i Clause 1 Article 15 herein".
Chapter VII
INDUSTRIAL EXPLOSIVES
Article 14. Amendments to
certain articles and clauses of the Government’s Decree No. 39/2009/ND-CP dated
April 23, 2009 on industrial explosives (hereinafter referred to as “Decree No.
39/2009/ND-CP”)
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“1. The State shall hold monopoly on industrial
explosives production and trade. The number, scope and scale of industrial
explosives producers or traders shall be decided by the Prime Minister in
compliance with specific socio-economic conditions in each period in order to
prevent abuse of monopoly, ensure national interests and legitimate interests
of producers or traders”.
2. Clause 3 Article 17 is amended as follows:
“3. Products have been tested and satisfy
applicable safety and quality standards".
3. Clause 1 Article 41 is amended as follows:
“1. Promulgate within its competence, take charge
or cooperate with the Ministry of National Defense, the Ministry of Public
Security and relevant ministries or industries in requesting the Government to
promulgate legislative documents, strategies, industrial explosives or
explosives precursors development plans”.
Article 15. Point b Clause 1;
Points b and c Clause 2 Article 20a of the Decree No. 39/2009/ND-CP , which have
been amended by Article 13 of the Decree No. 77/2016/ND-CP, are annulled.
Article 16. Point b Clause 4
Article 11 of the Government’s Decree No. 76/2014/ND-CP date July 29, 2014
specifying certain articles of the Ordinance on amendments to certain articles
of the Ordinance on management and use of weapons, industrial explosives and
combat gear, which has been amended by Article 11 of the Decree No.
77/2016/ND-CP, is annulled.
Chapter VIII
TRADE IN FOOD UNDER
MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE
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1. Clause 1 Article 27 is amended as follows:
“1. Equipment and devices in direct contact with
the food shall ensure safety, avoid food contamination and make it easy to
clean, sterilize and maintain. Mobile equipment and device shall be durable,
easy to move, disassemble and clean”.
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 clean is
required”.
3. Clause 3 Article 31 is amended as follows:
“3. Equipment for preventing the penetration of
insects and harmful animals must be stainless, easy to
disassemble for maintenance and cleaning, and
must ensure effective operation in preventing the penetration of
insects and harmful animals”.
4. Point g Clause 5 Article 34 is amended as
follows:
“g) After being treated up to standards applicable
to milk production, water 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:
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Article 18. Annulment of
certain articles and clauses of the Decree No. 77/2016/ND-CP
The following articles and clauses of the Decree
No. 77/2016/ND-CP are annulled:
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.
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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
instructed or required by producers; Raw materials and additives whose sacks
are opened but have not yet been used up shall be securely closed after each
use and stored according to regulations; Raw materials and additives stored in
warehouses must have information on their names and use duration; 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 changes in
their quality, appearance and safety; There must be a separate space for
keeping substandard quality 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”.
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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.
d) 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:
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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, dates of manufacturing, production shifts and
other information regulated by the producer”.
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14. Article 40, Article 41, Article 42, Article 43,
Article 44, Article 45 and Article 46.
Chapter IX
IMPLEMENTATION
Article 19. Effect and
implementation
1. This Decree comes into force from the signing
date.
2. Ministers, heads of ministerial or governmental
authorities and Chairpersons of People’s Committees of provinces shall provide
guidelines for and implement this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
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