Thông tư 02/2001/TT-BCN

CIRCULAR

GUIDING THE EXPORT OF COMMODITY MINERALS IN THE 2001-2005 PERIOD

Pursuant to the Governments Decree No. 74/CP of November 1, 1995 on the functions, tasks, powers and organizational structure of the Ministry of Industry;
Pursuant to the March 20, 1996 Law on Minerals and the Governments Decree No. 76/2000/ND-CP of December 15, 2000 detailing the implementation of the Law on Minerals (amended);
In furtherance of the Prime Ministers Decision No. 46/2001/QD-TTg of April 4, 2001 on management of the export and import of goods in the 2001-2005 period;
The Ministry of Industry hereby guides the export of commodity minerals in the 2001-2005 period as follows:

I. INTERPRETATION OF TERMS

In this Circular, commodity minerals mean assorted solid minerals exploited and/or processed by organizations and individuals under exploitation permits, full exploitation permits or mineral processing permits, issued by competent bodies according to the law provisions on minerals, and assorted solid minerals permitted to be imported according to the law provisions on commerce for processing or re-export (hereinafter called minerals).

All kinds of metal and alloy shall not fall into the list of minerals.

II. CONDITIONS FOR THE EXPORT OF MINERALS

1. For domestically-exploited minerals:

a/ They have been lawfully exploited according to the law provisions on minerals;

b/ Their export is not banned under separate regulations of the Prime Minister;

c/ They meet all the quality standards prescribed in the Appendix to this Circular;

d/ The domestic market has no demand for or cannot consume the whole volume of exploited minerals.

2. Enterprises permitted to export minerals are those established under the provisions of law, meeting all conditions specified in Article 8 of the Governments Decree No. 57/1998/ND-CP of July 31, 1998 detailing the implementation of the Commercial Law concerning the goods export, import, processing, purchase and sale agency activities with foreign countries, and:

a/ Possessing mineral exploitation permits or mineral full exploitation permits, or

b/ Possessing mineral processing permits and having signed mineral purchase contracts (for processing) with organizations and/or individuals that possess mineral exploitation permits or mineral full exploitation permits, or

c/ Having signed mineral purchase and sale contracts or contracts on entrusted export of minerals, with organizations and/or individuals that possess mineral exploitation permits, mineral full exploitation permits or mineral processing permits.

3. Export of minerals by mode of temporary import for re-export:

To comply with the Regulation on conducting business by mode of temporary import for re-export (issued together with the Trade Ministrys Decision No. 1311/1998/QD-BTM of October 31, 1998).

4. Export of minerals to foreign traders after the performance of processing contracts for foreign traders:

To comply with the provisions of the Governments Decree No. 57/1998/ND-CP of July 31, 1998 detailing the implementation of the Commercial Law concerning the goods export, import, processing, purchase and sale agency activities with foreign countries.

5. Export of minerals which have been processed from imported minerals:

Exported minerals which have been processed by organizations and individuals possessing mineral processing permits.

6. Export of pit coal:

The export of pit coal shall be conducted by the Vietnam Coal Corporation according to the State-assigned annual plans.

Enterprises outside the Vietnam Coal Corporation may conduct the export in the form of entrusted export for Vietnam Coal Corporations member enterprises having the function to export coal, or export coal sold to them by the Vietnam Coal Corporation for export.

Particularly, the non-quota export of coal to China shall comply with the Trade Ministrys Circular No. 15/2000/TT-BTM of August 10, 2000.

7. The export of minerals by foreign-invested enterprises shall comply with the provisions of their investment licenses.

III. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its signing.

2. In the course of exporting minerals, enterprises that violate the provisions of this Circular or take advantage of purchase and sale contracts or entrusted export contracts to export illegally-exploited minerals; export minerals in volumes exceeding the exploitation capacity inscribed in their exploitation permits (or full exploitation permits); or fail to prioritize the sale of minerals to domestic enterprises that need to use them, shall have to be responsible before law.

APPENDIX

QUALITY STANDARDS FOR EXPORT MINERALS
(Issued together with Circular No. 02/2001/TT-BCN)

Notes: In this Appendix, the term "refined ore" is equivalent to the term "concentrate" in the "Export and import tariffs" issued together with the Finance Ministrys Decision No. 67/1999/QD-BTC of June 24, 1999.-