I 1 VILAF s Unofficial Translation June 2014 LIST OF CONDITIONAL BUSINESS LINES (Enclosed with Report 10479/BC-BKHDT dated 30/12/ 2013 of the Ministry of Planning and Investment) 1 The business of production of seals/stamps 2 Production and trading of industrial explosives and high density ammonium nitrate (98.5% or higher) 3 Production and trading activities using industrial explosives and high density ammonium nitrate (98.5% or higher) 4 Production, trading and repair of weapon support devices 5 Production and trading of fireworks 6 Accommodation leasing business 7 Leasing houses to foreign individuals, entities as homes or offices MINISTRY OF PUBLIC SECURITY Certificate of satisfaction of the conditions on security and order conformity Certificate of satisfaction of the conditions on security and order conformity Certificate of satisfaction of the conditions on security and order conformity Certificate of satisfaction of the conditions on security and order conformity Certificate of satisfaction of the conditions on security and order conformity Certificate of satisfaction of the conditions on security and order conformity Certificate of satisfaction of the conditions on security and order conformity 8 Pawning business Certificate of satisfaction of the conditions on security and order conformity 9 Massage business Certificate of satisfaction of the conditions on security and order conformity Decree 72/2009/ND-CP - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA Local Police The Police the Department for Administrative Management of Social Order Local Police The Police the Department for Administrative Management of Social Order The Police the Department for Administrative Management of Social Order The Police the Department for Administrative Management of Social Order - Local Police The Police the Department for Administrative Management of Social Order - Local Police Local Police Local Police
10 Production and trading of priority sound making devices of vehicles Certificate of satisfaction of the conditions on security and order conformity 11 Guard services - Certificate of satisfaction of the conditions on security and order conformity - Legal capital * Printing business Certificate of satisfaction of the conditions on security and order conformity * Karaoke business Certificate of satisfaction of the conditions on security and order conformity * Dance hall business Certificate of satisfaction of the conditions on security and order conformity * Casino business; monetary rewarding games for foreigners Certificate of satisfaction of the conditions on security and order conformity * Debt collection services - Certificate of satisfaction of the conditions on security and order conformity - Legal capital * Liquefied petroleum business Certificate of satisfaction of the conditions on security and order conformity - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA Decree 52/2008/ND-CP - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Circular 33/2010/TT-BCA - Decree 72/2009/ND-CP; - Decree 104/2007/ND-CP; - Circular 33/2010/TT-BCA - Decree 107/2009/ND-CP; - Decree 118/2011/ND-CP amending and supplementing Decree 107/2009/ND-CP; - Circular 33/2010/TT-BCA Local Police The Police the Department for Administrative Management of Social Order - Local Police The Police the Department for Administrative Management of Social Order - Local Police Local Police Local Police The Police the Department for Administrative Management of Social Order Local Police Local Police II 12 Law practice Form: Lawyer s office, Law firm Business conditions: - Law practice license; - Operation registration (for law practice MINISTRY OF JUSTICE - the Law on Lawyers 65/QH11; - the Law on amendments and supplements to the Law on - the Ministry of Justice; - Provincial and Municipal the Department of Justice 2
organizations) or Law practice registration (for lawyers practicing law as individuals) 13 Notarization practice Form: Notary the Department; Notary office; Business conditions: 14 Judicial verification in areas of finance, banking, construction, antiques, copyright - Notary cards; - Notary office establishment license; - Notary office establishment decision Business conditions: - Decision on appointment of judicial surveyor; - Decision on establishment of judicial verification office; - Operation registration of the judicial verification office 15 Asset auction sale Form: asset auction sale companies Business conditions: III - Auction practice certificate; - Asset auction sale company establishment license MINISTRY OF FINANCE 3 Lawyers 20/QH13; - Decree 123/2013/ND-CP; - Circular 17/2011/TT-BTP - the Law on Notarization 2006; - Decree 04/2013/ND-CP - the Law on Judicial Verification 2012; - Decree 85/2013/ND-CP Decree 17/2010/ND-CP 16 Accounting services Accounting practice certificate - Chapter IV of the Law on Accounting: Accountancy ; - Article 40, 41, 42 Decree 129/ 2004/ND-CP; - Clause 2 of Circular 72/2007/ TT- BTC 17 Audit services Certificate of satisfaction of conditions for audit service provision - Article 21 of the Law on Independent Audit; - Decree 17/2012/ND-CP; - the Ministry of Justice; - Provincial and Municipal People s Committees - Ministries, ministerial level agencies; - Provincial and Municipal People s Committees; - Provincial and Municipal the Department of Justice - the Ministry of Justice; - Provincial and Municipal People s Committees Vietnam Accounting Association (VAA) the Ministry of Finance
18 Services for performance of tax procedures 19 Securities companies with the following business operations: - Securities brokerage; - Securities self-trading; - Securities issue underwriting; - Securities investment consultancy Certificate of practice of performance of tax procedures - Incorporation and operation license of the securities company; - Certificate for practice of securities brokerage; - Certificate for practice of financial analysis 20 Securities depository Certificate of registration for securities depository operation 21 Securities investment fund management companies with the following business operations: - Securities investment fund management; - Incorporation and operation license securities investment fund management companies; - Certificate for practice of fund management 4 - Circular 203/2012/TT- BTC - Article 20 of the Law on Tax Management 78/2006/QH11; - Circular 117/2012/TT- BTC - Articles 60, 79 the Law on Securities; - The Law on Amendments and Supplements to a number of Articles of the Law on Securities 62/2010/QH12; - Articles 3, 17 of the Rules on securities practice enclosed with Decision 15/2008/QD-BTC; -Decree 58/2012/ND-CP; - Circular 210/2012/TT- BTC - Article 47 the Law on Securities; - Decision 87/2007/QD- BTC; - Circular 43/2010/TT-BTC - Article 79 the Law on Securities; - Clause 15 Article 1 the Law on Amendments and Supplements to a number of Articles of the Law on Securities; General the Department of Taxation State Securities Commission State Securities Commission State Securities Commission
- Management of securities portfolios; - Securities investment consultancy. 22 Establishment of insurance companies 23 Establishment of re-insurance companies 24 Establishment of insurance brokerage companies Incorporation and operation license Incorporation and operation license Incorporation and operation license - Articles 3, 17 of the Rules on securities practice enclosed with Decision 15/2008/QD-BTC; - Decree 58/2012/ND-CP; - Circular 212/2012/TT- BTC - Articles 58, 62, 63, 65, 66 of the Law on Insurance Business; - Clause 7, 8, 9 Article 1 of the Law on Amendments and Supplements to the Law on Insurance Business 61/2010/QH12; - Clauses 1, 2 Article 6, clauses 1, 2 Articles 7, 8 of Decree 45/ 2007/ND-CP; - Articles 38, 39, 40, 41 of Decree 123/2011/ND-CP; - Articles 4, 5, 7, 8, 9, 11, 12 of Circular 124/2012/TT- BTC - Article 43 of Decree 123/2011/ ND-CP; - Articles 4, 5, 7, 8, 9, 11, 12 of Circular 124/2012/TT- BTC - Article 93 of the Law on Insurance Business; - Clause 1, 3 Article 6, Clause 1, the Ministry of Finance the Ministry of Finance the Ministry of Finance 5
25 Establishment of branches of foreign non-life insurance companies in Vietnam 26 Establishment of representative offices of insurance entities in Vietnam 27 Cross-border provision of insurance services and insurance brokerage Incorporation and operation license 6 3 Article 7, Article 8 of Decree 45/2007/ND-CP; - Articles 38, 39, 41 of Decree 123/2011/ND-CP; - Articles 4, 5, 7, 8, 9, 11 of Circular 124/2012/TT- BTC - Articles 9, 10, 11 of Decree 123/2011/ND-CP; - Articles 4, 6, 10, 11 of Circular 124/2012/TT-BTC License for establishment of representative offices - Articles 106, 107, 108, 109, 110, 111 of the Law on Insurance Business; - Article 36 of Decree 45/2007/ ND-CP; - Article 55 of Circular 124/ 2012/ TT-BTC Documents evidencing the satisfaction of the conditions of legal capacity, financial capacity and damage solving capacity of foreign insurance companies, insurance brokerage companies Articles 3, 4, 5, 6, 7 of Decree 123/2011/ND-CP 28 Insurance agency Insurance agency certificate - Article 86 of the Law on Insurance Business; - Clause 10 Article 1 of the Law on Amendments and Supplements to a number of Articles of the Law on Insurance Business; - Clause 4 Article 49 of Circular 124/2012/TT-BTC the Ministry of Finance the Ministry of Finance the Ministry of Finance the Ministry of Finance
29 Insurance agency training institution Written consents of the Ministry of Finance 30 Asset price-appraising service Certificate of satisfaction of conditions for assets price-appraising service provision 31 Provision of corporate valuation for equalization Being in the List of price-appraising consultancy entities permitted to provide services as provided by Circular 127/2012/TT-BTC 32 Lottery business Certificate of satisfaction of conditions for lottery business operation 33 Branches of audit firms satisfying the conditions for provision of audit service 34 Provision of cross-border audit service of foreign audit firms 35 Training institutions permitted to organize training to update knowledge for auditors on an annual basis 7 - Item c, Clause 1 Article 86 of the Law on Insurance Business; - Articles 48, 49 Circular 124/2012/TT-BTC - Article 14 of the Ordinance on Prices; - Article 9 Decree 101/2005/ND-CP; - Clauses 2, 3 and 4 of Section IV of Part B of Circular 17/2006/TT-BTC; - Decree 89/2013/ND-CP - Decree 59/2011/ND-CP; - Decree 189/2013/ND-CP; - Chapter II of Circular 127/ 2012/TT-BTC - Article 24 of Decree 30/2007/ND-CP; - Clause 1 Article 1 Decree 78/2012/ND-CP the Ministry of Finance the Ministry of Finance the Ministry of Finance the Ministry of Finance Written consents Circular 203/2012/TT-BTC the Ministry of Finance Certificate of satisfaction of conditions for provision of cross-border audit service in Vietnam Article 11 Decree 17/2012/ND- CP the Ministry of Finance Written consents Circular 150/2012/TT-BTC the Ministry of Finance
36 Provision of audit service Certificate of registration for audit practice Circular 202/2012/TT-BTC the Ministry of Finance 37 Securities investment companies with the operation of Securities investment 38 Representative offices foreign securities companies in Vietnam 39 Representative offices foreign fund management companies in Vietnam 40 Branches of foreign securities companies in Vietnam 41 Branches of foreign fund management companies in Vietnam 42 The business of prize-winning games for foreigners Incorporation and operation license of the securities investment company Certificate of registration for operation of Representative offices of foreign securities companies in Vietnam Certificate of registration for operation of Representative offices of foreign fund management companies in Vietnam Incorporation and operation license of branches of foreign securities companies in Vietnam Incorporation and operation license of branches of foreign fund management companies in Vietnam Certificate of satisfaction of the conditions for conducting business of prize-winning games for foreigners 43 Debt collection service Certificate of registration for debt collection service 8 - Articles 79, 96, 97 of the Law on Securities; - Chapter VII of Decree 58/2012/ND-CP; - The Rules on securities practice enclosed with Decision 15/2008/QD- BTC - Article 78 the Law on Securities; - Article 74, 75 of Decree 58/2012/ND-CP - Article 78 of the Law on Securities; - Article 74, 75 Decree 58/2012/ ND-CP - Article 77 the Law on Securities; - Article 74 Decree 58/2012/ ND-CP - Article 77 the Law on Securities; - Clause 3, Article 71, 74 Decree 58/2012/ND-CP Article 19, 22 Decree 86/2013/ ND-CP Chapter 3, Decree 104/2007/ ND-CP State Securities Commission State Securities Commission State Securities Commission State Securities Commission State Securities Commission the Ministry of Finance Business registration offices
IV MINISTRY OF INDUSTRY AND TRADE 44 Petrol and oil production - The enterprise is incorporated under the law; petrol and oil trading is registered in its Business registration certificate; 45 Export and import of petrol and oil - Having establishments for production of petrol and oil in accordance with the approved planning and is authorized to invest by competent authorities; - Having laboratories for testing and measurement competent of checking the quality of petrol and oil produced in accordance with the relevant regulations. Traders satisfying all the following conditions shall be granted with Petrol and oil import-export license: - The enterprise is incorporated under the law; petrol and oil trading is registered in its Business registration certificate; - Having specialized-use berth within the system of international ports of Vietnam, ensuring the capacity to receive carriers of imported petrol and oil or other petrol and oil transportation means with a minimum load carrying capacity of seven thousand tons (7,000T), owned or jointly owned by the enterprise or hired by the enterprise on a long term basis from (05) years or longer; - Having storage facilities to receive imported petrol and oil with a minimum volume of fifteen thousand cubic meters (15,000 m3) to directly receive petrol and oil from oil tanker or other oil carriers, owned or jointly owned by the 9 Article 10 Decree 84/2009/ND- CP Article 7 of Decree 84/2009/ ND- CP Enterprises are only permitted to conduct his business when satisfying all the required conditions. the Ministry of Industry and Trade
46 Petrol and oil general trading agent enterprise or hired by the enterprise on a long term basis from (05) years or longer; - Having specialized-use petrol and oil transportation means owned or jointly owned by the enterprise or hired by the enterprise on a long term basis from (05) years or longer to ensure the supply of petrol and oil to the distribution system of the enterprise; - Having a petrol and oil distribution system: at least ten (10) retail sale outlets owned or jointly owned by the enterprise and the agency system of at least forty (40) petrol and oil retail sale agents. - The enterprise is incorporated under the law; petrol and oil trading is registered in its Business registration certificate; - Having storage facilities and tanks of at least five thousand cubic meters (5,000m3), owned or jointly owned by the enterprise or hired by the enterprise on a long term basis from (05) years or longer to ensure the supply of petrol and oil to the distribution system of the enterprise; - Having a petrol and oil distribution system, including at least five (05) retail sale outlets owned or jointly owned by the enterprise and at least twenty (20) petrol and oil retail sale agents. Such distribution system must be within the distribution system of the wholesale trader and controlled by such trader; - Having specialized-use petrol and oil transportation means owned or jointly owned by the enterprise or hired by the enterprise on a long Article 13 of Decree 84/2009/ ND- CP Enterprises are only permitted to conduct his business when satisfying all the required conditions. 10
11 VILAF s Unofficial Translation June 2014 term basis from (05) years or longer; - The managerial personnel and employees directly involved in the sale activities must have been trained in safety and fire prevention and fighting and environmental protection in accordance with applicable regulations. 47 Petrol and oil retail sale agent - The enterprise is incorporated under the law; petrol and oil trading is registered in its Business registration certificate; - Having petrol and oil retail sale outlets owned or jointly owned by the enterprise. - The managerial personnel and employees directly involved in the sale activities must have been trained in safety and fire prevention and fighting and environmental protection in accordance with applicable regulations. 48 Petrol and oil retail sale outlet - Petrol and oil retail sale outlets satisfying all the following conditions shall be granted with the Certificate of satisfaction of conditions for petrol and oil trading: - The petrol and oil retail sale outlet is in conformity with the planning approved by competent authorities; - Being built and equipped strictly in accordance with the applicable regulations on standards of petrol and oil trading outlets issued by the Ministry of Science and Technology; - The managerial personnel and employees directly involved in the sale activities must have been trained in safety and fire prevention and fighting and environmental protection in accordance with applicable regulations. Article 14 Decree 84/2009/ND- CP Article 15 Decree 84/2009/ND- CP Enterprises are only permitted to conduct his business when satisfying all the required conditions. Provincial or Municipal the Department of Industry and Trade
49 Leasing ports and storage facilities for receiving petrol and oil 50 Petrol and oil transportation service - The enterprise is incorporated under the law; petrol and oil trading is registered in its Business registration certificate. - Having specialized-use berth within the system of sea ports or inland waterway ports of Vietnam, having storage facilities owned or jointly owned by the enterprise built in accordance with the required standards and the planning approved by competent authorities. - The managerial personnel and employees directly involved in the sale activities must have been trained in safety and fire prevention and fighting and environmental protection in accordance with applicable regulations. - The enterprise is incorporated under the law; petrol and oil trading is registered in its Business registration certificate. - Having specialized-use petrol and oil transportation means owned or jointly owned by the enterprise; complying with the requirements and standards on petrol and oil transportation, checked and permitted to be operated in accordance with the law. - The managerial personnel and employees directly involved in the sale activities must have been trained in safety and fire prevention and fighting and environmental protection in accordance with applicable regulations. 51 LPG Bottle refilling service LPG bottle refilling stations satisfying all the following conditions shall be granted with the Certificate of satisfaction of conditions for LPG bottle refilling: 12 Article 18 Decree 84/2009/ND- CP Article 19 of Decree 84/2009/ND- CP - Article 16 Decree 107/2009/ND-CP; - Clause 5 Article 2 of Decree 118/2011 /ND-CP Enterprises are only permitted to conduct his business when satisfying all the required conditions. Enterprises are only permitted to conduct his business when satisfying all the required conditions. Provincial or Municipal the Department of Industry and Trade
- Having been granted with Business Registration Certificate, which records the business of LPG bottle refilling. - The location of the LPG bottle refilling station must be in conformity with the planning and the project, the design must be approved by competent authorities for construction investment. The construction of the LPG bottle refilling station must comply with the Law on Construction and other relevant laws on construction of LPG works. - The bottle refilling station, bottle refilling equipment, the system of pipeline, containers and other auxiliary facilities shall comply with the regulations on safety as stated in the applicable national standards. - The machines and equipment to which strict requirements on labor safety is applied of the bottle refilling station must have been calibrated and registered in accordance with relevant regulations. - The LPG bottle refilling station must be surrounded with protective fences, being ventilated and complying with the requirements on safety distance in accordance with relevant Vietnamese standards and the provisions of Annex IX to this Decree. - Having been granted with the Certificate of satisfaction of conditions for fire prevention and fighting by the competent Police in accordance with the law. - Having all the required instructions for: LPG bottle refilling, tank truck, machine and 13
equipment operation in the station, dealing with faults and safety regulations. 52 LPG automobile refilling LPG bottle refilling stations satisfying all the following conditions shall be granted with the Certificate of satisfaction of conditions for LPG automobile refilling: - The LPG automobile refilling station must be built in conformity with the planning and applicable technical standards; granted with Construction permit attached by the project, design approved by competent authorities for construction investment. - The measurement equipment must have been calibrated and adjusted in accordance with relevant regulations. - The machines and equipment to which strict requirements on safety for LPG automobile refilling must have been calibrated and registered in accordance with relevant regulations. - Having been granted with the Certificate of satisfaction of conditions for fire prevention and fighting by the competent Police in accordance with the law. 53 LPG supply station LPG stations satisfying all the following conditions shall be granted with the Certificate of satisfaction of conditions for LPG supply: - LPG supply station must be built in conformity with the planning and applicable technical standards; granted with Construction permit attached by the project, design approved by competent authorities for construction investment. 14 - Article 33 of Decree 107/2009/ ND-CP; - Clause 5 Article 2 of Decree 118/2011/ND-CP - Article 37 of Decree 107/2009/ ND-CP; - Clause 5 Article 2 of Decree 118/2011/ND-CP Provincial or Municipal the Department of Industry and Trade Provincial or Municipal the Department of Industry and Trade
- The measurement equipment must have been calibrated and adjusted in accordance with relevant regulations. - Having been granted with the Certificate of satisfaction of conditions for fire prevention and fighting by the competent Police in accordance with the law; test result sheet of calibration of equipment to which strict requirements on safety for LPG refilling station are applied. 54 Bottled LPG sale outlets - Bottled LPG sale outlets satisfying all the following conditions shall be granted with the Certificate of satisfaction of conditions for trading LPG applicable to bottled LPG sale outlets: - Having been granted with the Business registration certificate, which records the business of bottled LPG sale. - Having signed bottled LPG purchase contracts with agents or general agents or LPG wholesale trader satisfying the conditions provided for in this Decree; the term of the contract must be at least 01 (one) year, and is still in full force. - Having been granted with the Certificate of satisfaction of conditions for fire prevention and fighting by the competent Police in accordance with the law. 55 Traders involved in LPG import and export - Having been granted with the Business registration certificate, which records the business of LPG import and export. - Having berth within the system of ports of Vietnam, owned or jointly owned under a joint venture contract or capital contribution contract, 15 - Article 29 of Decree 107/2009/ ND-CP; - Clause 5, Clause 8 Article 2 of Decree 118/2011/ND-CP Article 7 of Decree 107/2009/ ND- CP Provincial or Municipal the Department of Industry and Trade the Ministry of Industry and Trade
56 Traders involved in LPG production and processing built in accordance with the planning and the applicable technical standards; or having signed contract for hiring berth with a term of at least one year for receipt of LPG carriers; having storage facilities to receive imported LPG with a minimum volume of 3,000 m3 (three thousand cubic meters) to receive imported LPG from other transportation means. - Having at least 300,000 (three hundred thousand) LPG bottles of various kinds (except for mini LPG bottles) owned by the trader; These LPG bottles must be in conformity with the trade mark and brand as registered in accordance with the law at the relevant authorities. - Having LPG bottle refilling station for which the Certificate of satisfaction of conditions for LPG bottle refilling has been granted in accordance with Article 17 of this Decree. - Having LPG distribution system, including: member companies, branches, shops or LPG automobile refilling stations or LPG supply stations and having at least 40 (forty) LPG trading agents (general agents and agents or agents) satisfying the conditions provided in this Decree. - Having been granted with the Business registration certificate, which records the business of LPG production and processing. - Having establishments for LPG production and processing (hereinafter referred to as LPG production plant) built in conformity with the planning; and the project, design have been approved by competent authorities for 16 Article 10 of Decree 107/2009/ ND-CP the Ministry of Industry and Trade coordinates with provincial or municipal the people s committees in checking and supervision of traders involved in LPG production and processing, Grade I distributors
17 VILAF s Unofficial Translation June 2014 construction investment - Having been granted with the Certificate of satisfaction of conditions for techniques of LPG production and processing. - Having laboratories for checking the quality of LPG in accordance with the relevant regulations. - Having storage facilities for LPG (other than the storage capacity approved in the investment project) with the total volume of the containers of at least 5,000 m3 (five thousand cubic meters built in conformity with the planning, under the applicable standards to receive imported LPG from carriers or other transportation means. 57 Grade I LPG distributors - Having been granted with the Business registration certificate, which records the business of LPG trading. - Having LPG storage facilities with total storing capacity of at least 800 m 3 (eight hundred cubic meters) to receive LPG from ships or other transportation means, built in conformity with the planning and applicable technical standards, owned or jointly owned by capital contribution for construction by the trader. - Having at least 300,000 (three hundred thousand) LPG bottles of various kinds (except for LPG bottles) owned by the trader; these LPG bottles must bear the trade mark and brand as registered in accordance with the law at the relevant authorities. - Having LPG bottle refilling station for which the Certificate of satisfaction of conditions for LPG bottle refilling as provided in Article 17 of this Article 13 of Decree 107/2009/ ND-CP the Ministry of Industry and Trade coordinates with provincial or municipal the people s committees in checking and supervision of traders involved in LPG production and processing, Grade I LPG distributors
Decree has been issued. - Having its LPG distribution system, including: bottled LPG sale outlets or LPG supply stations or LPG automobile refilling stations and having at least 20 (twenty) LPG trading agents (general agents and agents or agents) satisfying the conditions provided in this Decree. 58 General LPG trading agent - Having been granted with the Business registration certificate, which records the business of LPG trading. - Having storage facilities to store LPG bottles and bottled LPG built in accordance with applicable national standards with a minimum storage capacity of 2,000 (two thousand) LPG bottles and bottled LPG of various kinds (except for mini bottles). - Having an LPG distribution system, including shops that sell bottled LPG or LPG automobile refilling stations, having at least 10 (ten) agents satisfying the conditions provided in Article 26 of this Decree. - Having a signed contract with LPG a wholesale trader satisfying the conditions provided in this Decree; the term of such contract must be at least 01 (one) year, and is still in full force. 59 LPG trading agent - Having been granted with the Business registration certificate, which records the business of LPG trading. - Having bottled LPG sale outlets or LPG automobile refilling station which have been granted with the Certificate of satisfaction of conditions for fire prevention and fighting, 18 Article 23 of Decree 107/2009/ ND-CP - Article 26 Decree 107/2009/ND-CP; - Clause 5, Article 2 Decree 118/2011/ND-CP Enterprises are only permitted to conduct his business when satisfying all the required conditions. Enterprises are only permitted to conduct his business when satisfying all the required conditions.
60 Leasing storage facilities, ports for LPG import and export Certificate of satisfaction of conditions for order and security by the competent Police in accordance with the law. - Having signed agency contracts with LPG wholesale trader or general agents satisfying the conditions provided for in this Decree; the term of the agency contract must be at least 01 (one) year, and is still in full force. - Having been granted with the Business registration certificate, which records the business of leasing storage facilities, ports for import and export LPG. - Having berth within the system of ports of Vietnam owned or jointly owned by the enterprise under a joint venture contract or capital contribution contract, built in accordance with the applicable technical standards; or having signed contract for hiring berth with a term of at least one year for receipt of LPG carriers or other transportation means - Having LPG storage facilities with total storage capacity of at least 1,000 m3 (one thousand cubic meters) or more owned or jointly owned by the enterprise under a joint venture contract or capital contribution contract, built in accordance with the applicable technical standards and approved by competent authorities. 61 LPG transportation service - Having been granted with the Business registration certificate, which records the business of LPG transportation service. - Having LPG transportation means owned or jointly owned by the enterprise under a joint 19 Article 41 of Decree 107/2009/ ND-CP Article 44 of Decree 107/2009/ ND-CP Enterprises are only permitted to conduct his business when satisfying all the required conditions. Enterprises are only permitted to conduct his business when satisfying all the required conditions.
62 Production and repair of LPGcontaining bottles venture contract or capital contribution contract, satisfying all the required conditions and having obtained all the required papers under the law: License for transportation of dangerous goods, Certificate of calibration of equipment for measurement and safety, Registration certificate of quality and environmental protection, which are still in full force. - Having all the regulations on safety, procedures for manufacture of LPG-containing bottles and the procedures for checking the post-production quality of the products, which have been approved by the leaders of the establishments. - Having equipment of testing, which meet requirements of testing safety and quality of LPG-containing bottles after being manufactured, specifically: a) System of pressure testing: Being able to create a pressure of not less than 3 MPa; b) System of gas tightness testing; c) Equipment of non-destructive testing: Equipment to test quality of weld, equipment to measure thickness by ultrasound; d) Equipment to test component, mechanical nature of materials used for manufacture of bottles; dd) Equipment to measure weight; e) Equipment to measure the tightening torque. - Having full personnel to operate equipment of testing and welder meeting requirements: a) Technicians operating equipment of testing must have been professionally trained, coached Item c Clause 1 Article 56 of Decree 107/2009/ND-CP; Article 47 of Circular 41/2011/ TT- BCT the Ministry of Industry and Trade 20
63 LPG-containing bottle calibration in technical safety in accordance with relevant regulations; b) The LPG-containing bottle welders must have certificate of welding the pressure equipment in accordance with relevant regulations. - Having full approved plans for fire prevention and fighting and equipment for fire prevention and fighting in accordance with relevant regulations. The LPG-containing bottle calibration station shall only be granted with the Certificate of satisfaction of conditions for LPG-containing bottle calibration if satisfying the following conditions: - Having all the regulations on safety and procedures for LPG-containing bottle calibration approved by the leaders of the establishment in accordance with relevant regulations. - Having all the necessary equipment for calibration, specifically: a) Equipment for trapping the remaining LPG in the bottles; b) Equipment for measuring the thickness of metal, equipment for checking the weld using ultrasound; c) Equipment for assembly and disassembly of bottles valves; d) Equipment for testing the durability and tightness; dd) Equipment for water removal; e) Equipment for checking the inside; g) Equipment for surface cleaning; - Item c Clause 1 Article 56 of Decree 107/2009/ND-CP; - Article 43 of Circular 41/ 2011/TT- BCT the Ministry of Industry and Trade 21
64 Commercial assessment services 65 Production of industrial explosive materials h) Scales; i) Sealing equipment; k) Vacuum suction equipment; All the equipment above must have technical specifications and capacity in accordance with the calibration capacity of the station. - Having full personnel to conduct the calibration service. - Employees directly involved in the calibration of bottles must have been professionally trained and coached in safety on bottle calibration and have at least 02 years experience. - Having full approved plans for fire prevention and fighting and equipment for fire prevention and fighting in accordance with relevant regulations. Traders involved in the business of commercial assessment services must satisfy the following conditions: - Being an enterprises incorporated under the law; - Having surveyors fully qualified in accordance with Article 259 of this Law; - Being capable of conducting the procedure, method of assessment of goods, services in accordance with the law, international standards or those having been widely applied by many countries in assessment of such goods or services. Certificate of satisfaction of the conditions for production of industrial explosive materials - Section 6 of the Law on Commerce 2005; - Article 9 of Decree 20/2006/ ND- CP; - Clause 1 Article 4 of Decree 120/2011/ND-CP - Clause 3 Article 25 of Ordinance 16/2011/UBTVQH12; the Ministry of Industry and Trade 22
66 Production of explosive precursors 67 Trading of industrial explosive materials 68 Trading of explosive precursors Certificate of satisfaction of conditions for production of explosive precursors License for trading of industrial explosive materials License for trading of explosive precursors - Clause 4, Clause 5 Article 1 of Ordinance 07/2013/ UBTVQH13; - Article 17 of Decree 39/2009/ ND-CP; - Clause 2 Article 1 of Decree 54/2012/ND-CP - Clause 2 Article 16 of Decree 39/2009/ND-CP; - Clause 1 Article 1 Decree 54/2012/ND-CP - Clause 4 Article 25 of Ordinance 16/2011/UBTVQH12; - Clause 6 Article 1 of Ordinance 07/2013/UBTVQH13; - Article 19 Decree 39/2009/ ND-CP; - Clause 4 Article 1 Decree 54/ 2012/ND-CP - Clause 4 Article 25 of Ordinance 16/2011/UBTVQH12; - Clause 6 Article 1 of Ordinance 07/2013/UBTVQH13; - Clause 2 Article 16 of Decree 39/2009/ND-CP; - Clause 1 Article 1 of Decree 54/2012/ND-CP the Ministry of Industry and Trade the Ministry of Industry and Trade the Ministry of Industry and Trade 23
69 Export, import of industrial explosive materials, explosive precursors 70 Use of industrial explosive materials License for export, import of industrial explosive materials, explosive precursors License for use of industrial explosive materials 24 - Article 16, Article 36 of Decree 39/2009/ND-CP - Article 27 of Ordinance 16/ 2011/UBTVQH12; - Article 21 of Decree 39/2009/ ND-CP 71 Blasting service License for provision of blasting service Article 26 Decree 39/2009/ND- CP 72 Transportation of industrial explosive materials 73 Production and trading of chemicals in the List of chemicals subject to conditional production and trading in industry License for transportation of industrial explosive materials - Certificate of satisfaction of conditions for Production and trading of chemicals in the List of chemicals restricted for production and trading. - Conditions for chemical production: a) The director or technical deputy director or technical officer in charge of chemical production of an establishment producing chemicals subject to conditional production or trading in the industrial sector must hold a university or higher degree in a chemical discipline; b) The officer in charge of chemical safety control must be trained or coached in chemical safety techniques; c) Laborers in direct exposure to chemicals must be trained or coached in chemical safety - Article 26 of Ordinance 16/ 2011/UBTVQH12, - Article 24 of Decree 39/2009/ND-CP - Article 14 of the Law on Chemicals; - Article 7 of Decree 26/2011/ ND- CP the Ministry of Industry and Trade the Ministry of Industry and Trade; Provincial the people s committees; the Ministry of National Defense the Ministry of Industry and Trade the Ministry of Public Security; the Ministry of National Defense Provincial or Municipal the Department of Industry and Trade
techniques; d) The establishment's physical and technical facilities must satisfy the requirements specified in Article 12 of the Law on Chemicals; dd) The establishment must have appropriate equipment and devices or having entered into a contract with a capable entity accredited by a competent agency to test the density of the components of chemicals; e) The establishment must have measures for chemical-related incident prevention and responsive measures approved by competent authorities or Plans for chemical-related incident prevention and responsive measures approved by competent authorities g) The establishment must have equipment for fire and explosion prevention and fighting according to the Law on Fire Prevention and Fighting; equipment for hazardous waste control, collection and treatment, or have signed contracts for hazardous waste transportation, disposal and destruction according to the Law on Environmental Protection. - Conditions for chemical trading a) The person in charge of chemical safety of a chemical trading establishment must hold an intermediate or higher degree in a chemical discipline; b) Persons in direct exposure to chemicals must be trained or re-trained in chemical safety 25
74 Production and trading of chemicals in the List of chemicals restricted for production and trading in industry 75 Investment in Schedule 1 chemical establishments techniques; c) The physical and technical facilities of the chemical trading establishments must satisfy the requirements specified in Article 12 of the Law on Chemicals; d) The establishment must have measures for chemical-related incident prevention and responsive measures approved by competent authorities or Plans for chemical-related incident prevention and responsive measures approved by competent authorities; dd) The establishment must have equipment for fire and explosion prevention and fighting according to the Law on Fire Prevention and Fighting; equipment for hazardous waste control, collection and treatment, or have signed contracts for hazardous waste transportation, disposal and destruction according to the Law on Environmental Protection. - License for production and trading of chemicals in the List of chemicals restricted for production and trading. - Satisfying the conditions applicable to chemicals in the List of chemicals subject to conditional production and trading; - Satisfying the conditions on planning; business restrictions; conditions on security, national defense, social order and related regulations - Having obtained authorization of the Prime Minister. - Having appropriate physical facilities, - Article 15 of the Law on Chemicals; - Article 12 of Decree 108/2008/ND-CP Article 4 of Decree 100/2005/ ND- CP the Ministry of Industry and Trade - the Prime Minister; - the Ministry of Industry and Trade 26
technologies and equipment for producing, consuming or storing Schedule 1 chemicals up to the quality standards registered by the enterprise; - Having a unit for analyzing and inspecting the product quality. In the absence of such a unit, the enterprise may hire a lawful analysis unit or center under a specialized agency for this purpose; - Having a waste treatment system to ensure that operations at the facility do not cause environmental pollution; having sufficient working means and conditions to ensure labor safety and environmental sanitation as required for toxic chemical according to the provisions of law on labor and environment; - Having technicians and workers who have professional competence and have been trained in chemicals, meeting the requirements of production technologies and product quality. 76 Export and import of Schedule 1 chemicals Article 5 Decree 100/2005/ND- CP - the Prime Minister; - the Ministry of Industry and Trade - Having obtained authorization of the Prime Minister. - Having granted with the Business Registration Certificate which records the business of chemical by the competent state authority; and the registration certificate of export and import code is recorded in the Tax Registration Certificate issued by the tax authority; - Having obtained the Certificate of satisfaction of conditions for trading of chemicals which are hazardous chemicals and products containing hazardous chemicals by the Provincial or municipal the Department of Science and Technology in accordance with the regulations of 27
77 Investment in Schedule 2 and Schedule 3 chemical establishments the Ministry of Science and Technology. - Having obtained written consent of the Ministry of Industry and Trade - Having appropriate physical facilities and technologies for production, processing and consumption of Schedule 2 chemicals, production of Schedule 3 chemicals up to quality standards registered by the enterprise; - Having a unit for analyzing and inspecting product quality. In the absence of such a unit, it is possible to hire a lawful analysis unit or center under a specialized agency for this purpose; - Having a waste treatment system to ensure that operations at the facility do not cause environmental pollution; 78 appropriate to the fertilizer production capacity; b) Machines, equipment and technologies must be appropriate to the capacity and kinds of fertilizers to be produced; c) Applying and maintaining a quality control system; having a standard applicable to input materials which satisfies the conditions for management of the quality of fertilizer products; d) Having laboratory for testing and analyzing or having signed a contract with a designated or recognized agency specialized in testing and analyzing who has registered the testing and analyzing activities in accordance with the law on quality of products and goods for management of product quality; dd) Having a waste treatment system which is 28 Article 6 Decree 100/2005/ND- CP the Ministry of Industry and Trade
MISSING ROW 79 capable of treating waste in accordance with the national standards and regulations on environment; e) Satisfying all the conditions for fire prevention and fighting and environmental protection, labor safety and hygiene in accordance with applicable laws - Requirements on personnel a) The managerial personnel, technical staff and the personnel operating the production of fertilizers must have obtained qualifications in chemistry, physics or biology, of which the Director of the Deputy Director in charge of the technical aspect of the fertilizers production establishment must have obtained a graduate degree or higher; b) The laborers directly involved in production of fertilizers must have been given training, fostering training of knowledge in fertilizers. 80 Trading of fertilizers (chemical fertilizers) - Having been granted with Enterprise Registration Certificate or Investment certificate or Business Registration Certificate, which records the business of trading of fertilizers by a competent authority. - Having shops or business establishments, the places for sale of fertilizers must ensure the quality of fertilizers in accordance with the law on the quality of products and goods. - Devices and equipment for containing and storing fertilizers must ensure the quality and the environmental hygiene; the enterprise must have 29 Article 15 Decree 202/2013/ND-CP
81 Export fertilizers (chemical fertilizers) appropriate means of transportation or having signed contract for transportation of fertilizers. - Having storage facilities or having signed a contract to hire storage facilities to store fertilizers separately, meeting the requirements on protection of the quality of fertilizers during the trading period. Fertilizer retail sale outlets not having storage facilities must have devices or equipment to contain and store fertilizers. - Having obtained valid documents evidencing the original location of production, import or supply of the fertilizers being traded. - Satisfying all the conditions on fire and explosion prevention and fighting, environmental protection, labor safety and hygiene in accordance with the law. - Having been granted with Enterprise Registration Certificate or Investment certificate or Business Registration Certificate, which records the business of trading of fertilizers by a competent authority; - Complying with relevant national standards during the production process or applying the quality control system to ensure the quality of the products produced by the enterprise for export; - The exported fertilizers must be inconformity with the regulations of the importing countries, contracts, international treaties, international agreements on mutually recognition of the result of the assessment of the conformity to the standards of the related countries or territories. Article 16 of Decree 202/2013/ ND-CP 30
82 Import fertilizers (chemical fertilizers) - Having been granted with Enterprise Registration Certificate or Investment certificate or Business Registration Certificate, which records the business of trading of fertilizers by a competent authority; - Having obtained the Certificate on standard conformity of the batch of imported fertilizers issued by the designated certifying agency; - The imported fertilizers must bear trade marks in accordance with the law on trade marks, satisfying the law provisions on quality of goods and products; ensuring environmental protection. 83 Production of alcohol Having obtained the license for production of alcohol: - License for production of industrial alcohol - License for production of alcohol using traditional method for business purposes. 84 Trading of alcohol 1. Conditions for granting License for trading and distributing alcohol products include: a) The enterprise is incorporated under the law and has registered the business of trading alcoholic drinks or trading of alcohol; b) Having fixed business locations, with clear address, ensuring the technical and physical 31 Article 17 Decree 202/2013/ND-CP Article 8 and Article 11 of Decree 94/2012/ND-CP Article 17 Decree 94/2012/ND- CP - the Ministry of Industry and Trade (for production of industrial alcohol with the scale of 03 million liters/ year or more); - Provincial or municipal department of industry and trade (for production of industrial alcohol with the scale of less than 03 million liters/ year); - the Division of economics, the Division of industry and trade at district level - the Ministry of Industry and Trade; - Provincial or municipal department of industry and trade; - the Division of economics, the Division of industry and trade
facility requirements in accordance with relevant regulations; c) Having a system for distribution of alcoholic products in 6 provinces or more (with at least 3 wholesale traders in each province); d) Having obtained a recommendation letter, purchase and sale contract with entities, individuals producing alcohols or with traders distributing other alcoholic products; dd) Having warehouses (or a system of warehouses) owned or jointly owned under a joint venture contract or capital contribution contract; or having signed contract for hiring of warehouses appropriately to the business scale of the enterprise (the minimum total area must be 300 m2 or larger or the volume must be 1000 m3 or more) satisfying the requirements for preserving the quality of the alcoholic products during the storing period; e) Having transportation means owned or jointly owned under a joint venture contract or capital contribution contract; or having signed contract for hiring of transportation means appropriately to the business scale of the enterprise (at least 03 vehicles with carrying capacity from 500kg or more) satisfying the requirements for preserving the quality of the alcoholic products during the transportation period; g) Being financially capable of ensuring the normal operation of the entire distribution system (having obtained the confirmation of the bank [that the enterprise has] at least VND 32 at district level