Thông tư 15/2013/TT-BCT

CIRCULAR

ON COAL EXPORT

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. 12/2006/NĐ-CP dated January 23, 2006, detailing the implementation of the Law on Trade applicable to international goods trade and the activities of agents, trading, processing, and transiting of goods with foreign partners;

Pursuant to the Prime Minister’s Decision No. 2427/QĐ-TTg dated December 22, 2011 approving the Mineral Strategy by 2020 and orientation towards 2030;

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

The Minister of Industry and Trade promulgate a Circular on coal exports;

Article 1. Scope of regulation

1. This Circular provides the list of coal, coal quality standards, and conditions for coal export.

2. Temporary import for re-export of coal or processing coal for foreign enterprises serving export are not regulated by this Circular, and shall comply with the Government's Decree No. 12/2006/NĐ-CP dated January 23, 2006, detailing the implementation of the Law on Trade applicable to international goods trade and the activities of agents, trading, processing, and transiting of goods with foreign partners.

Article 2. Subjects of application

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

Article 3. Interpretation of terms

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

1. VILAS standards are standards of Vietnam Laboratory Accrediation Scheme.

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

Article 4. Conditions for coal export

1. Only enterprises are allow to export coal. Enterprises that export coal (hereinafter referred to as coal exporters) are enterprises eligible to trade in coal according to the Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade on conditions for coal trading.

2. Coal may be exported when the conditions below are satisfied:

a) Coal is processed and meet quality standards in Appendix I to this Circular or equivalent standards.

b) Coal has lawful origins according to the Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade on conditions for coal trading.

c) Other regulations (if any) of the Government on export and import in each period.

Article 5. Procedure for exporting coal

1. When following the procedure for exporting coal, the papers below must be presented apart form the papers required by the customs:

a) The note of sample analysis for certifying the conformity of the coal shipment with the quality standards, issued by a laboratory that meets VILAS standards.

b) The papers proving the lawful origin of the exported coal.

2. The papers proving the lawful origin of the exported coal include:

a) For coal-mining enterprises: unexpired license for coal mining or coal exploitation issued by competent authorities.

d) For coal-processing enterprises: Certificate of investment in coal processing and contracts to buy coal of lawful origins.

c) For coal exporters and importers: sale contracts enclosed with copies of VAT invoices or export authorization contracts signed with the enterprises in Point a õ Point b of this Clause; or valid invoices of purchase of coal confiscated and liquidated by competent authorities.

3. During the customs clearance procedure, if the coal shipment is suspected of inconformity with quality standards according to this Circular, the checkpoint customs may grant customs clearance and take coal samples for testing. The testing shall be carried out by a laboratory that meets VILAS standards. If the test result shows confirm the suspicion, the exporter shall incur administrative penalties in accordance with current laws and bear the testing cost. If the test result shows that the shipment is conformable with quality standards, the testing cost shall be incurred by the checkpoint customs.

Article 6. Reporting coal export

1. Contents of a report on coal export

a) The kinds, volume, and turnover of coal export; origins of exported coal.

b) The compliance with regulations on coal export.

2. Reporting regime:

Coal exporters shall report the export every 6 months (at the beginning of Q1 and Q3). Reports shall be sent to the Ministry of Industry and Trade, Services of Industry and Trade, Services of Natural Resources and Environment where coal is exported.

3. Coal exporters are responsible for the truthfulness and accuracy of information in the reports.

4. Coal exporters shall make unscheduled reports on coal export at the request of competent authorities to serve the management.

Article 7. 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.

Article 8. Effect

This Circular takes effect on September 01, 2013 and supersedes the Circular No. 05/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade on coal export.

Article 9. Implementation

1. Depending on the demand for coal, coal mining, and coal processing in Vietnam, the Ministry of Industry and Trade shall consider adjusting the list, conditions, and quality standards of exported coal.

2. The valid coal export contracts (according to the Circular No. 05/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade on coal export) that are signed before this Circular takes effect may still be executed until their expiration.

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

4. State management authorities and enterprises engaged in coal export 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./.