Thông tư 04/2005/TT-BCN

CIRCULAR

GUIDING THE EXPORT OF MINERALS IN THE 2005-2010 PERIOD

Pursuant to the March 20, 1996 Law on Minerals and the Governments Decree No. 76/2000/ND-CP dated December 15, 2000 detailing the implementation of the Law on Minerals (amended)55/2003/ND-CP dated May 28, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Industry;
The Ministry of Industry hereby guides the export of minerals in the 2005-2010 period as follows:

I. INTERPRETATION OF TERMS

1. VILAS standards are standards set by the Vietnam Laboratory Accreditation Scheme. Laboratories up to VILAS standards are laboratories having the quality management system ISO/IEC 17025, equivalent to TCVN ISO/IEC 17025:2001. VILAS certificates are granted by the Quality Accreditation Office under the General Department for Standardization, Metrology and Quality Control.

2. State agencies competent to grant mineral exploitation permits or minerals processing permits are the Ministry of Industry, the Ministry of Natural Resources and Environment or the provincial/municipal Peoples Committees, for mineral full extraction permits.

II. PROVISIONS ON THE EXPORT OF MINERALS

1. Minerals shall be allowed to be exported only if they meet the following conditions and standards:

a) Being exploited from mines not planned for domestic processing.

b) Being processed to be up to the quality standards and conditions provided for in Appendix 1 to this Circular (not printed herein). The quality standards of minerals must be certified by laboratories up to VILAS standards.

2. Enterprises permitted to export minerals are enterprises set up under the provisions of law, fully meeting the conditions on import, export, processing as well as goods sale and purchase agency with foreign countries, stipulated in the Commercial Law, and satisfying one of the following conditions:

a) Possessing valid mineral exploitation permits or mineral full extraction permits, granted by competent State agencies.

b) Possessing valid mineral processing permits and contracts on the purchase of minerals for processing, signed with organizations or individuals that posses valid mineral exploitation permits or mineral full extraction permits.

c) Possessing contracts on the purchase of minerals or contracts on entrusted export of minerals, signed with organizations or individuals that posses valid mineral exploitation permits, minerals full extraction permits or mineral processing permits.

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

4. The export of minerals to foreign traders after the performance of processing contracts with foreign traders shall comply with the provisions of the Governments Decree No. 57/1998/ND-CP dated July 31, 1998 detailing the implementation of the Commercial Law regarding goods import, export, processing and sale and purchase agency with foreign countries.

5. The export of pit coal shall comply with Circular No. 02/1999/TT-BCN dated June 14, 1999 of the Ministry of Industry guiding conditions for trading in pit coal. The non-quota export shall comply with Circular No. 15/2000/TT-BTM dated August 10, 2000 of the Ministry of Trade.

6. Petroleum minerals shall comply with the Petroleum Law and the Law Amending a Number of Articles of the Petroleum Law, which were passed by the National Assembly on July 6, 1993 and June 9, 2000, respectively.

7. For minerals which have been categoried, sorted out, washed and processed but fail to reach the quality standards provided for in Appendix 01 (not printed herein) or minerals of categories not yet mentioned in Appendix 01 (not printed herein), the Ministry of Industry (for solid and non-mental minerals) and the Ministry of Construction (for minerals used as building materials) shall guide the implementation. Special cases where there is any adjustment or amendment to the planning must be reported to the Prime Minister.

III. IMPLEMENTATION PROVISIONS

1. Some categories of minerals, including refined chromite ore, refined ilmenite ore, zircon, rutile, lead sulfide, for which export contracts have been signed under conditions and criteria set in Circular No. 02/2001/TT-BCN before the effective date of this Circular, may be exported upto the end of September 30, 2005. Past this deadline, the provisions of this Circular shall apply.

2. Basing itself on the demands for each type of minerals used for projects on processing minerals at home, the Ministry of Industry shall consider and adjust the list of minerals permitted to be exported in Appendix 01 to this Circular (not printed herein) and announce the adjustment one year before stopping the export thereof.

3. This Circular takes effect 15 days after its publication in "CONG BAO" and replaces Circular No. 02/2001/TT-BCN dated April 27, 2001 of the Ministry of Industry guiding the export of commodity minerals in the 2001-2005 periods.