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Circular 15/2026/TT-BCT Amends Circular 38/2025/TT-BCT on Delegation of Administrative Procedures in Industry and Trade

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Based on:15/2026/TT-BCT - Government Official Gazette

This explanation was generated by AI and checked by an automated AI review, not by a human expert. It is not legal, tax or accounting advice and may contain errors. Check the official document before you rely on it.

On March 25, 2026, the Ministry of Industry and Trade issued Circular No. 15/2026/TT-BCT, amending Circular No. 38/2025/TT-BCT on delegating authority to handle administrative procedures in sectors under the Ministry's management. The Circular takes effect on April 10, 2026. The main changes are: (1) adjusting authority to issue, reissue, and amend industrial explosives licenses for research/testing organizations or companies holding a Group 1 mineral-operation license; (2) adding a new procedure allowing provincial People's Committees to approve safety management documents (safety management program, risk assessment report, emergency response plan) for oil and gas facilities in their locality, with a 20-working-day appraisal period followed by a 5-working-day approval period; (3) reassigning permit authority for transporting dangerous goods: the Chemicals Agency now handles Class 5 and Class 8 goods, while provincial People's Committees handle Class 1 (excluding industrial explosives), 2, 3, 4, and 9; (4) simplifying the cigarette and cigar import reporting procedure by replacing the specific receiving-agency name with the general term «Licensing Agency» and removing the fixed email-submission requirement; (5) updating the province/city codes used for foreign representative offices and branches to follow the current administrative unit list; (6) clarifying a six-step process for provincial People's Committees to conduct legal-knowledge examinations for multi-level marketing. The Circular mainly applies to businesses operating in industrial explosives, oil and gas, dangerous goods transport, tobacco trading, foreign representative offices/branches, and multi-level marketing. Licenses and certificates issued before April 10, 2026 remain valid until their stated expiry, and complete applications submitted before that date continue to be processed under the prior rules. This is a procedural/administrative circular that does not create new tax, accounting, or invoicing obligations, so it has limited direct impact on most small and medium businesses outside the sectors listed above.

Document Information

  • Number: 15/2026/TT-BCT
  • Signed: March 25, 2026
  • Effective: April 10, 2026
  • Issuing agency: Ministry of Industry and Trade (signed by Deputy Minister Phan Thi Thang)
  • Document amended: Circular No. 38/2025/TT-BCT dated June 19, 2025 on delegation of administrative procedures

Background

The Circular is based on Law on Government Organization No. 63/2025/QH15, National Assembly Resolution No. 190/2025/QH15 on reorganizing the state apparatus, and Decrees No. 40/2025/ND-CP, 146/2025/ND-CP, and 139/2025/ND-CP on the functions, tasks, and delegation of authority in industry and trade. It is one of many circulars adjusting administrative authority under Vietnam's two-tier local government model.

Main Changes

1. Industrial Explosives Licenses

Amends Point c, Clause 2, Article 4 of Circular No. 23/2024/TT-BCT: authority to issue, reissue, and amend industrial explosives-use licenses applies to organizations/businesses conducting research or testing on industrial explosives, or holding a Group 1 mineral-operation license (including licenses previously issued by the Ministry of Natural Resources and Environment that remain valid), excluding entities under the Ministry of National Defense. It also clarifies the responsibilities of construction and fire-safety authorities for explosives production facilities and warehouses.

2. Approval of Oil and Gas Safety Management Documents (new Article 28a)

Adds a new procedure for provincial People's Committees to approve safety management documents (safety management program, risk assessment report, emergency response plan - in Vietnamese, 3 sets) for oil and gas facilities in their locality. Applications may be submitted directly, by post, or online. The provincial People's Committee forms an appraisal council of at least 5 members; the appraisal period is 20 working days from receipt of a complete valid application, and the Committee must issue its approval decision within 5 working days after receiving the appraisal report.

3. Delegation of Dangerous Goods Transport Permits

Amends Article 8 of Circular No. 38/2025/TT-BCT: the Chemicals Agency receives, appraises, issues, amends, reissues, and revokes transport permits for dangerous goods Class 5 and Class 8. Provincial People's Committees where a business is headquartered or has a branch handle Class 1 goods (excluding industrial explosives and explosive precursors), and Classes 2, 3, 4, and 9.

4. Simplified Cigarette and Cigar Import Reporting

Amends Appendix III of Circular No. 37/2013/TT-BCT: replaces the named recipient «Import-Export Department - Ministry of Industry and Trade» with the general term «Licensing Agency», and removes the requirement to submit report software to fixed email addresses.

5. Province/City Codes for Foreign Representative Offices and Branches

Amends Article 2 of Circular No. 11/2016/TT-BCT: province and city codes used when issuing licenses will follow the current list of administrative unit codes at the time of licensing, rather than a fixed table.

Amends Clause 1, Article 5 of Circular No. 10/2018/TT-BCT: sets out a six-step process for provincial People's Committees to conduct examinations, covering application completeness checks, scheduling (time/location/method), notifying the exam plan, administering the exam, evaluating results, and notifying results.

Replacement Forms

The Circular issues Appendix 1 (replacing certain forms in Part II, Appendix I of Circular No. 38/2025/TT-BCT, including tobacco distribution/retail license templates and related reporting forms) and Appendix 2 (replacing Table 2 of the Appendix to Circular No. 11/2016/TT-BCT).

Transitional Provisions

Licenses, certificates, and approval documents issued before April 10, 2026 remain valid until their stated expiry date. Complete applications received by the competent authority before the effective date continue to be processed under the rules in force at the time of filing.

15/2026/TT-BCTEffective: April 10, 2026