Thông tư 14/2013/TT-BCT

CIRCULAR

ON CONDITIONS FOR COAL TRADING

Pursuant to the Government's Decree No. 95/2012/NĐ-CP dated November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 15/2012/NĐ-CP dated March 09 2012, detailing the implementation of a number of articles of the Law on Mineral;

Pursuant to the Government's Decree No. 59/2006/NĐ-CP dated June 12, 2006 elaborating implementation of some Articles of the Law on Commerce on goods and services banned from trading, restricted from trading, and subject to conditional trading.

At the request of the Director of the General Department of Energy;

The Minister of Industry and Trade promulgate a Circular on conditions for coal trading:

Article 1. Scope of regulation

This Circular specifies the conditions for coal trading, including: domestic trading, export, import, temporary import for re-export, transiting, storage, distribution.

Article 2. Subjects of application 

This Circular is applicable to state management authorities and enterprises engaged in coal trading within Vietnam’s territory.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Coal includes all raw or processed fossil coal and fossil-derived coal.

2. Competent authorities are central state management authorities (Ministries) and provincial People’s Committees.

3. Coal of lawful origins coal that falls into one of the cases below:

a) Coal which is mined or exploited from mines or landfills that have unexpired licenses for coal mining or coal exploitation issued by competent authorities;

b) Coal that is legally imported;

c) Coal that is confiscated and liquidated by competent authorities;

d) Coal that is processed in accordance with the Certificate of investment in coal processing at processing facilities that sign contracts to buy coals with coal providers in Points a, b, c of this Clause.

Imported coal is considered legal when the declaration of coal import certified by the customs (certified true copy) is presented.

The coal that is confiscated and liquidated must have the following documents: sale invoices of expropriated assets, delivery notes, records on transfer of violating assets that are confiscated and put up for auctions (certified true copies).

4. Coal trading means the activities in Article 1.

Article 4. Conditions for coal trading

1. Only enterprises are allowed to trade in coal.

2. Enterprises that trade in coal (hereinafter referred to as coal traders) must be established and operate in accordance with the Law on Enterprises and have Certificates of Enterprise registration in which coal trading is registered.

3. Depending on the business conditions, coal traders must comply with the following conditions:

a) The business premises, vehicles, loading instruments, warehouses, ports, measuring instruments are adequate to serve the business, and meet requirements for technology, safety, environmental hygiene, and fire and explosion prevention.

b) Vehicles is covered to prevent dust and leak, comply with requirements of environment protection in traffic.

c) The locations of ports of destination, ports of departure are conformable with local port planning; coal is stored in specialized warehouses and loaded to vehicles safely.

d) Different kinds of coal in coal warehouses and coal stores are stored in separate holds; their locations are conformable with local construction planning, ensure environment protection and traffic safety. Fire prevention and fighting measures and instruments inspected and licensed by local fire departments are provided where pyrophoric coal is stored

dd) Managers, technicians, and employees that directly selling coal have practice certificates.

4. Enterprises may only trade in coal of lawful origins.

Article 5. Responsibility for management

1. The General Department of Energy (the Ministry of Industry and Trade) is in charge and shall cooperate with the relevant Ministries, agencies and local governments in periodically inspecting the implementation of this Circular and relevant laws.

2. Depending on the practical coal mining, processing and trading, the General Department of Energy shall request the Ministry of Industry and Trade to amend this Circular where necessary.

3. The Ministry of Industry and Trade is entitled to suspend the coal trading of coal traders that violate this Circular.

Article 6. Effect

This Circular takes effect on September 01, 2013 and supersedes the Circular No. 04/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade on conditions for coal trading.

Article 7. Implementation

State management authorities and enterprises engaged in coal trading are responsible for the implementation of this Circular. Difficulties that arise during the implementation should be reported in writing to the Ministry of Industry and Trade for consideration and settlement./.