Thông tư liên tịch 02/2007/TTLT-BCT-BTNMT

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF ARTICLE 43 OF THE LAW ON ENVIRONMENTAL PROTECTION WITH RESPECT TO BUSINESS STANDARDS AND CONDITIONS FOR SCRAPS IMPORT.

Pursuant to the Law on Environmental Protection dated November 29, 2005;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to the Resolution No. 01/2007/QH12 7 dated July 31, 2007 through National Assembly of Socialist Republic of Vietnam corner XII, the first session on organizational structure of Government and the number of Deputy Prime Minister tenure of corner VII
Pursuant to the Decree No. 86/2002/ND-CP dated November 5, 2002 of Government regulating functions, tasks, powers and organizational structure of ministries, ministerial-level agencies;
Pursuant to the Decree No. 91/2002/ND-CP dated November 11, 2002 of Government regulating functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to the the Decree No. 12/2006/ND-CP dated January 23^rd 2006 of Government detailing implementation of Commercial Law regarding international goods trading activities of agencies buying, selling, processing and transiting goods with foreign countries;
The Ministry of Industry & Trade, Ministry of Natural Resources and Environment guide the implementation of Article 43 under the Environmental Protection Law on standard and business condition of organization or individual who is trader (hereafter referred to as trader) importing scrap as follows:

I. SUBJECT AND BUSINESS CONDITION FOR SCRAPS IMPORT:

1. Subject is able to import scraps:

a) Trader owns a production base that directly use imported scrap as raw material for production and recycling.

b) Trader imports scrap for mandate to merchant directly using scraps as raw material for production and recycling.

c) Trader import scrap and then distribute to merchant directly using scraps as raw material for production and recycling.

2. Condition for scraps import:

a) Trader owns a production base that directly use imported scrap as raw material for production and recycling in accordance with provisions in Clause 2, Article 43 of the Law on Environmental Protection.

b) Trader imports scrap for mandate to merchant directly using scraps must have consignment import contract signed with trader directly using scraps as raw materials for production and recycling in accordance with provisions at Point a of this paragraph.

c) Trader import scrap for distribution to merchants directly using scraps as raw materials for production and recycling must:

There is a warehouse for collection of scraps, to ensure environmental conditions as stipulated in Point a, b, Clause 2 of Article 43 under the Law on Environmental Protection, this warehouse belongs to trader or lease of 01 year upwards and imported scrap must be sold after 03 months from the date when imported scrap come to Vietnam's border gates.

3. List of scrap allowed importing as raw materials for production is issued by Ministry of Natural Resources and Environment.

4. Other commodities banned to import and import conditions under Decree No. 12/2006/ND-CP dated January 23rd, 2006 of Government detailing implementation of the Commercial Law regarding international goods trading activities and activities  of agencies buying, selling, processing and transiting goods with foreign countries are not subjects for adjustment of this Circular.

II. PROCEDURE OF GRANTING THE CERTIFICATE OF ELIGIBILITY FOR SCRAP IMPORT:

1. Trader is eligible for provisions in Clause 2, Section I of this Circular shall send dossier  to the Department of Natural Resources and Environment in locality where production base and warehouse storing scrap locate to be granted certificate of eligibility  for scrap import, record comprising:

a) An application for certificate of eligibility for scrap import by form (Appendix 01).

b) A copy of decision approving report on environmental impact assessment or a certificate of environmental protection commitment or confirmation note of registration to reach environmental standards on warehouse storing scrap of trader who directly use scrap for production.

c) A copy of environmental monitoring report at the latest round, but not exceeding 06 months prior to the date of proposing issuance of certificate (for production trader) or copies of sale contracts of previous import term (for trader importing scrap for distribution).

2. Within 15 (fifteen) working days after receiving full of valid dossiers, Department of Natural Resources and Environment shall inspect and grant certificate of eligibility for scrap import form (Appendix 02) that is valid in 12 months from the date of issuance or of a written notice of reasons for not granting a certificate of eligibility for scrap import.

3. In case where traders have the production bases and warehouses in many provinces and cities directly under Central Government must set up a dossier to propose certificating eligibility for scrap import for each production base, warehouse in each province and city.

III. PROCEDURE OF SCRAP IMPORT:

Scrap import procedure shall be carried out at border-gate customs. In addition to documents under provisions of the Law on Customs, trader importing scrap must present to customs office the following documents:

1. Traders with production bases that directly import scrap as raw material for production and recycling:

a)  A copy of certificate of eligibility for scrap import granted by Department of Natural Resources and Environment in where production base locate (trader importing scrap shall certify and take responsibility).

b) A Copy of Notice of scrap import as raw materials for production and to send to Department of Natural Resources and Environment at provincial level in accordance with Point b, Clause 3, Article 43 of the Law on Environmental Protection by form (Appendix 03).

2. Traders import for mandate:

a) The entrusted import contract is signed with the trader directly using scraps as raw material for production and recycling.

b) A copy of certificate of eligibility for scrap import granted by Department of Natural Resources and Environment in where the production base of trader mandating scrap import locate (trader mandating import shall certify and take responsibility).

c) A copy of Notice of scrap import as raw material for production and to send to Department of Natural Resources and Environment at provincial level in accordance with Point b, Clause 3, Article 43 of Law on Environmental Protection by form (Appendix 03).

3. Traders importing scrap for distribution:

a) A copy of certificate of eligibility for scrap import granted by Department of Natural Resources and Environment in where warehouses, scrap’s yard locate (importers certify and take responsibility).

b) If the warehouse, scrap’s yard storing imported scrap is not owned by trader importing scrap, in addition to the copy of certificate of qualification for scrap import granted by Department of Natural Resource and Environment in where warehouse, scrap’s yard locate, also must present copy of a warehouse lease contract.

c) A copy of Notice scrap import as raw material for production and then to send to Department of Natural Resources and Environment at the provincial level in accordance with Point b, Clause 3, Article 43 of the Law on Environmental Protection by form (Appendix 03).

IV. IMPLEMENTATION PROVISIONS:

1. For traders:

a) To inform Department of Natural Resources and Environment at the provincial level  of  scrap import as raw materials for production in writing in accordance with Point b, Clause 3, Article 43 of the Law on Environmental Protection by form (Appendix 03 .)

b) At the least January 31 of next year, to report by form (Appendix 04) the import situation and use of imported scrap of previous year to Department of Natural Resources and Environment in locality in where production base, warehouse, scrap’s yard locate to inspect. Particularly for traders importing scrap for distribution, report period is every 6 months.

c) Trader importing scrap shall comply with provisions of this Circular and provisions of paragraph 3 of Article 43 of the Law on Environmental Protection, any violation will be handled in accordance with Article 127 of the Law on Environmental Protection.

2. For People's Committees of provinces and cities directly under the Central Government:

People's Committees of provinces and cities under direct Central Government shall coordinate to inspect, detect, prevent and handle law violations in the scrap import and other provisions in paragraph 4, Article 43 of the Law on Environmental Protection.

a) Department of Natural Resources and Environment where the production base or warehouse, scrap’s yard shall be responsible for inspection and certificate of qualification for scrap import for organizations and individuals’ need. Certificate is valid for 12 months.

b) To periodically and unexpectedly inspect environment work towards organizations and individuals importing and using imported scrap as raw materials for production, recycling (including the maintenance of eligibility for scrap import) and to revoke certificate of eligibility for scrap import when detecting violations of conditions specified.

c) Annually, to review and report scrap import situation to Ministry of Natural Resources and Environment and other environmental issues related to imported scrap in their local by form (Appendix 05).

4. This Circular takes effect 15 days after its publication in "CONG BAO".

In the process of implementation, if any problems or difficulties arise, institutions, and organizations promptly report to Ministry of Industry and Trade, Ministry of Natural Resources and Environment for timely resolution.