Thông tư liên tịch 34/2012/TTLT-BCT-BTNMT

JOINT-CIRCULAR

GUIDING THE CONDITIONS OF IMPORT OF SCRAPS AS MATERIALS FOR PRODUCTION

Pursuant to the Law on Environmental Protection dated November 29, 2005;

Pursuant to the Law on Commerce dated June 14, 2005;

Pursuant to the Decree No.189/2007/ND-CP dated December 27, 2007 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade and the Decree No.44/2011/ND-CP dated June 14, 2011, amending and supplementing Article 3 of the Decree No.189/2007/ND-CP dated December 27, 2007 of the Government;

Pursuant to the Decree No.25/2008/ND-CP dated March 04, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment, amended and supplemented in the Decrees No.19/2010/ND-CP dated March 08, 2010 and No.89/2010/ND-CP dated August 16, 2010;

Pursuant to the Decree No.12/2006/ND-CP dated January 23, 2006 of the Government detailing the implementation of the Commercial Law regarding international goods trading activities and the agent activities of purchase, sale, and transit of goods with foreign countries;

To implement under the direction of the Prime Minister in the Official Dispatch No.61/TTg-KTTH dated January 12, 2010 guiding the import of scraps;

The Minister of Industry and Trade and the Minister of Natural Resources and Environment issue a Joint Circular guiding the implementation of Article 43 of the Law on Environmental Protection of business conditions of organizations and individuals importing scraps as raw material for production as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

This Circular guides the import of scraps as raw materials for production, including:

1. Conditions for the organizations or individuals (hereinafter referred to as traders) to trade scrap import.

2. Conditions for scraps permitted for import.

3. Dossier requesting for certificate of eligibility for scrap import; order, procedures of inspection and issue of certificate of eligibility for scrap import.

4. Customs dossiers and procedures of inspection, customs clearance, handling of imported scraps.

Article 2. Application subjects

This Circular shall apply to the import of scraps and does not apply to the operation of temporary import for re-export and border gate to border gate transfer, transit of scraps through the territory of Vietnam.

Article 3. Interpretation of terms

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

1. Scraps are the products, materials weeded out from the process of production or consumption recovered for use as raw materials for production.

2. Traders directly using imported scraps as raw materials for production are the traders having the production facilities, using imported scraps as raw materials to produce products at their production facilities.

3. Traders receiving entrustment of import are the traders importing scraps under the import entrustment contract signed with the traders directly using imported scraps as raw materials for production.

4. Traders entrusting import are the traders directly using imported scraps as raw materials for production, not directly importing scraps, but entrusting other traders to replace them to import for use as raw materials for production.

5. Certificate of eligibility for importing scraps (hereinafter referred to as the Certificate) is a certificate issued to trader eligible under the provisions of this Circular having production facility, using the imported scraps as raw materials for production in their facility.

Chapter 2.

OBJECTS AND CONDITIONS OF SCRAP IMPORT

Article 4. Conditions for scraps importers

1. Traders directly using imported scraps as raw materials for production must satisfy the full conditions prescribed in Clause 2, Article 43 of the Law on Environmental Protection and have been granted the Certificate, namely:

a) Having stores, yards (with ownership or co-ownership or leasing contract) dedicated to collection of scraps to ensure the conditions of environmental protection;

b) Having technology, equipment for recycling imported scraps as raw materials for production;

c) Having a plan, solution to handle imported scraps meeting environmental protection requirements; ensuring that all wastes from the production process are treated to meet environmental technical regulations;

d) Complying with the provisions of the law on environmental protection.

2. Traders importing by entrustment must meet the following conditions:

a) Having import entrusting contract signed with the trader that has been granted the Certificate; the scrap import entrusting contract must be specified the type of imported scraps and imported scraps components in accordance with the Certificate granted and the provisions of Clause 1 of Article 5 of this Circular;

b) The scrap import contract must be specified the source, components of imported scraps in accordance with import entrusting contract specified at Point a, Clause 2 of this Article, and committed to re-export in the case of imported scraps shipped to border gate but not meeting the requirements prescribed in this Circular.

Article 5. Conditions for imported scraps

1. Scraps must be of the List of scraps allowed import as raw materials for production issued by the Ministry of Natural Resources and Environment at the same time must meet the national technical Regulation on environment for imported scraps or requirements of describing corresponding scraps in the List of scraps allowed import.

2. For scraps newly arising from the need to use as raw materials for production, but not yet included in the List of scraps allowed import, the Ministry of Natural Resources and Environment shall review each specific case to add to the List of scraps allowed import.

Chapter 3.

GRANT, STRIP OF THE RIGHT TO USE CERTIFICATE OF ELIGIBILITY FOR SCRAP IMPORT

Article 6. Competence to grant, and strip of the right to use certificates

1. The Departments of Natural Resources and Environment of the provinces and cities directly under the Central Government, where traders locate their production facilities, are responsible for receiving dossiers, inspecting the conditions specified at Points a, b, c and d, Clause 1, Article 4 of this Circular and granting the Certificates to the traders met the conditions as prescribed.

2. The competent agencies under the provisions of law on sanction of administrative violations in the field of environmental protection, trade, customs have the right to strip the right to use the Certificate if the scrap importing traders violate the provisions of the law on the import of scraps, or when the production facilities are found not meeting the conditions specified at Points a, b, c and d, Clause 1, Article 4 of this Circular.

The decision on stripping the right to use the Certificate must be sent to the agency granted the Certificate, the scraps importing trader to inform and the customs office to make the stop for permitting the import of scraps.

Article 7. Dossier requesting for Certificate

Dossier requesting for the Certificate is 01 (a) set including:

1. An application for the Certificate (in form of Appendix 1 of this Circular).

2. Business registration certificate (or certificate of enterprise registration), and tax identification number registration certificate (certified copy and stamped by the trader).

3. One of the following documents: Decision on approving the environmental impact assessment report; Slip to certify the written registration of meeting environmental standards; written certification or notification of acceptance of the registration of the written commitment of environmental protection; decision on approval or written certification of environmental protection plan (copies certified and stamped copy by the trader).

4. The latest environmental quality monitoring result of the production facility, but not more than six (06) months before the date of requesting for the Certificate (copy certified and stamped copy by the trader).

Article 8. The order and procedures for the grant, adjustment of the Certificate

1. Traders wishing to directly import or entrust the import of scraps as raw materials for production, send the application for granting the Certificate to the Departments of Natural Resources and Environment of the provinces and cities directly under the Central Government, where the traders locate their production facilities.

Where traders use imported scraps as raw materials for production at their many production facilities, located in many different locations, they must request the Certificate for each production facility at each location.

2. Within 05 working days from the date of being received dossier by the Department of Natural Resources and Environment (following the date on the arrival seal), the Department of Natural Resources and Environment shall consider the adequacy and validity of the dossier as specified in Article 7 of this Circular and shall issue written reply to the trader if it is required the modification, supplementation.

3. Within 15 working days from the date of being received complete and valid dossier by the Department of Natural Resources and Environment (following the date on the arrival seal), the Department of Natural Resources and Environment shall examine the suitability according to the conditions specified at Points a, b, c and d, Clause 1, Article 4 of this Circular for consideration:

a) In case of eligibility, the Department of Natural Resources and Environment shall grant Certificate to trader (in the form provided for in Appendix 2 of this Circular). The Certificate is valid for three (03) years from the date of issue and shall not be extended;

b) In case of ineligibility, the Department of Natural Resources and Environment shall issue written reply to trader stating clearly reason of the refusal to grant the Certificate.

4. Traders having the expired Certificates, or wishing for adjustment, supplementation of the certificated contents from point 1 to point 4 of the Certificates issued, must prepare dossiers applying for new Certificates as provided for in Article 7 of this Circular; order, procedures for new grant, adjustment, supplementation of the Certificates are as specified in Clauses 1 and 2 of this Article.

5. In case the certificates are lost, torn, burnt so that they are unusable, traders must prepare dossiers as prescribed in Article 7 of this Circular, send them to the agencies granted the certificates to request for re-grant; the order and procedures for re-granting the Certificates are as specified in Clauses 1 and 2 of this Article. Valid term of the re-granted Certificates shall not exceed the remaining term of validity of the Certificates granted.

Chapter 4.

DOSSIER AND PROCEDURES FOR INSPECTION, CUSTOMS CLEARANCE FOR IMPORTED SCRAPS

Article 9. Customs dossier for imported scraps

In addition to the customs dossier in accordance with current customs legislation, scraps importing traders have to supplement to the customs offices:

1. For traders directly importing scraps as raw materials for production:

a) A valid Certificate (copy certified and stamped by the trader);

b) A notice of importing scraps as raw materials for production (in the form provided in Appendix 3 of this Circular);

c) A legal commitment on finance (in the form provided for in Appendix 4 of this Circular).

2. For traders receiving import entrustment:

a) A valid Certificate of trader entrusting import (copy certified and stamped by the trader);

b) A notice of importing scraps as raw materials for production (in the form provided in Appendix 3 of this Circular);

c) A legal commitment on finance (in the form provided for in Appendix 4 of this Circular).

Article 10. Procedures for inspection, customs clearance, handling of imported scraps

1. Imported scrap clearance procedures are carried out at the border gate customs.

2. In case imported scraps need to be made specialized appraisal before customs office decides the customs clearance, it is carried out as follows:

a) The Customs offices based on the National Technical Regulation on environment for imported scraps or requirements on description of respective scraps in the List of scraps permitted import to establish a Council of specialized Appraisal to evaluate the environmental protection requirements for imported scraps. The Appraisal Council’s conclusion is a basis for the customs offices and other relevant agencies to refer for handling the lots of imported scraps;

b) If the traders do not agree with the conclusions of the Appraisal Council, the traders may request the customs agencies to conduct specialized expertise in accordance with the provisions of the National Technical Regulation on environment for imported scraps or requirements on description of respective scraps in the List of scraps permitted import at one of the expertise facilities publicized by the Ministry of Natural Resources and Environment. Expertise result is a basis for the customs offices and the relevant agencies to make decision on handling for the lots of imported scraps.

Chapter 5.

IMPLEMENTATION RESPONSIBILITIES

Article 11. Responsibilities of the Ministry of Natural Resources and Environment

1. To preside over and coordinate with the concerned agencies to guide the import of scraps used as raw materials for production in accordance with the provisions of this Circular and the provisions on protection of the environment of the Law on Environment Protection.

2. To make statistics, monitor the import and use of scraps as raw materials in the production within the whole country.

3. To preside over and coordinate with the function ministries, branches to review, adjust, supplement the scraps newly arising from production needs into the List of scraps permitted import.

4. To inspect and assign the expertise organization of imported scraps.

Article 12. Responsibilities of the Ministry of Industry and Trade

To coordinate with the Ministry of Natural Resources and Environment, other concerned ministries, branches and localities in the management of import of scraps as raw materials under the management scope of the Ministry of Industry and Trade.

Article 13. Responsibilities of the Departments of Natural Resources and Environment of the provinces and cities directly under the Central Government

1. To participate in propagation, dissemination of the implementation of this Circular under its management scope.

2. To actively coordinate with the customs offices and other concerned local agencies upon the request for coordination to inspect the imported scraps.

3. To meet the requirements of inspection and grant of Certificate of eligibility for scrap import to traders having their production facilities in the localities; to carry out the irregular and periodical inspection when required to comply with the provisions on environmental protection of traders importing, using imported scraps as raw materials for production.

4. To preside over and coordinate with the Departments of Industry and Trade, annually, by January 31 of the following year to prepare a report on the import and use of scraps and the environmental issues related to the imported scraps in the localities to send to the Ministry of Natural Resources and Environment, Ministry of Industry and Trade and the provincial-level People's Committees (according to the form in Appendix 5 of this Circular).

Article 14. Responsibilities of the Departments of Industry and Trade of the provinces and cities directly under the Central Government

1. To participate in propagation, dissemination of the implementation of this Circular under its management scope.

2. To actively coordinate with the customs offices and other concerned local agencies upon the request for coordination to inspect the imported scraps.

3. To coordinate with the Departments of Natural Resources and Environment, annually, by January 31 of the following year to prepare a report on the import and use of scraps and the environmental issues related to the imported scraps in the localities to send to the Ministry of Natural Resources and Environment, Ministry of Industry and Trade and the provincial-level People's Committees (according to the form in Appendix 5 of this Circular).

Article 15. Traders’ responsibilities

1. For traders directly importing scraps as raw materials for production:

a) To regularly meet and maintain the conditions specified in Clause 1 of Article 4 of this Circular;

b) To import the right type of scraps permitted import;

c) To use the imported scraps as raw materials for production in the production facility;

d) To implement in accordance with contents of legal and financial commitments;

e) Annually, before December 31, is responsible for preparing reports on the import and use of scraps in year (in the form provided for in Appendix 6 of this Circular) to send to the Department of Trade and Industry and the Department of Natural Resources and environment for synthesis.

2. For traders importing by entrustment:

a) To import the right type of scraps permitted import;

b) To deliver imported scraps only to the import entrusting traders;

c) To implement in accordance with contents of legal and financial commitments;

d) Annually, before December 31, is responsible for preparing reports on the import and use of scraps in year (in the form provided for in Appendix 6 of this Circular) to send to the Department of Trade and Industry and the Department of Natural Resources and environment for synthesis.

Chapter 6.

IMPLEMENTATION PROVISIONS

Article 16. Effect

1. This Circular takes effect from January 01, 2013 and replaces the Joint-Circular No.02/2007/TTLT-BCT-BTNMT dated August 30, 2007 of the Ministry of Industry and Trade, Ministry of Natural Resources and Environment guiding Article 43 of the Law on Environmental Protection on standards, business conditions of scrap import.

2. Traders who have been granted the Certificates under the provisions of the Joint-Circular No.02/2007/TTLT-BCT-BTNMT dated August 30, 2007 of the Ministry of Industry and Trade, Ministry of Natural Resources and Environment, are allowed to import scraps as prescribed within the valid period of the Certificate. After the expiry of the issued Certificates, the traders are allowed to import only when being granted the Certificates under the provisions of this Circular.

Article 17. Responsibility for implementation

1. The provincial-level People's Committees are responsible for organizing and directing the implementation of this Circular.

2. The Departments of Natural Resources and Environment, Departments of Industry and Trade of the provinces and cities directly under the Central Government; traders directly importing scraps as raw materials for production, traders importing by entrustment and other concerned organizations and individuals are responsible for the implementation of this Circular.

3. In the course of implementation, if any problems or difficulties arise, the concerned organizations and individuals reflect to the Ministry of Natural Resources and Environment and the Ministry of Industry and Trade for promptly settlement./.

APPENDIX 1

FORM OF APPLICATION FOR CERTIFICATE OF ELIGIBILITY FOR SCRAP IMPORT
(Issued together with the Joint-Circular No.34/2012/TTLT-BCT-BTNMT dated November 15, 2012 of the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment)

APPLICATION FOR

CERTIFICATE OF ELIGIBILITY FOR SCRAP IMPORT

To: ……………..(1)………………..

1. Name of trader requesting for:.............................................................................

Business Registration Certificate No.:..............................................................

Date of issue:………………… Place of issue:.........................................................

2. Address of head office:........................................................................................

3. Name and address of the production facility using scraps: (the production facility using directly imported scraps as raw materials for production.

4. Description of function of production, business: (type of products/goods produced, traded, etc...).

5. Description of scraps: (types of scraps imported, the volume of scraps expected to use/month, the demands or the situation of use of imported scraps of the last year.

6. The granted Certificate of eligibility for scrap import: if not, write "applying for the first time"; otherwise, write "the Certificate No. ... day... month ... year..., issued by …" and "requesting for new Certificate to replace the expired one" or "requesting for adjustment, supplementation" or " requesting for re-grant because of being lost/torn/burnt”.

7. Environmental protection measures which have been developed for the production facility and warehouse, yard containing scrap:  

- Description of warehouse, yard dedicated to collection of imported scraps:

+ Status or form of ownership of warehouse, yard;

+ The total area of ​​the region used to collect scraps;

+ Contiguous status of the scraps collecting area with the surrounding area and its potential affect;

+ Method of isolating the affecting factors.

- Description of solutions, handling system (or plan to hire qualified technical units for handling), impurities accompanying scraps.

- Description of equipment, technology recycling scraps as raw materials for production and the system processing wastes generated in the production process.

We hereby commit that the information provided above is true.

We kindly request the agency to inspect and issue the Certificate of eligibility for scrap import to the time .... (2).

Note:

This application form is used generally for the cases of application for a certificate for the first time, re-grant.

(1) The local Department of Natural Resources and Environment where the production facilities and warehouses, yards containing waste materials are located;

(2) In accordance with the lease term of warehouse, yard but not more than 03 (three) years.

APPENDIX 2

FORM OF CERTIFICATE OF ELIGIBILITY FOR SCRAP IMPORT
(Issued together with the Joint-Circular No.34/2012/TTLT-BCT-BTNMT dated November 15, 2012 of the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment)

CERTIFICATE

OF ELIGIBILITY FOR SCRAP IMPORT

Granted to: …………………………. (2)...................................................................

Address of head office:............................................................................................

Name and address of the production facility of the trader (2) granted Certificate using imported scraps as raw materials for the production:

…………………………………………………(3)........................................................

……………………..(1)……………………

CERTIFIES:

1. … (3)….. has warehouse, yard dedicated to collection of imported scraps; solutions to ensure the isolation of factors that affect the surrounding environment.

2. … (3)… has equipment, technology recycling imported scraps as raw materials for production and the system processing wastes generated in the production process in accordance with the production of products from imported scrap.

3. …(3)… has the solutions, system handling (or plan to hire qualified technical units for handling) the impurities accompanying scraps, not letting them spread or outstanding causing environmental pollution, ensuring the handling obtained technical regulations on environment of all types of wastes generated during the production and business process.

4. Scraps permitted import:

5. Other additional requirements:

.................................................................................................................................

................................................................................................................................

.................................................................................................................................

6. Conclusion:

.... (2)… is eligible for import, use of the above scraps as raw materials for production at ……(3)….

…. (4) …

This certificate is valid until: day... month... year........

Note:

This application form is used generally for the cases of application for a certificate for the first time, re-grant.

(1) The agency granting certificate of eligibility for import of scraps;

(2) Name of trader importing scraps as raw materials for production;

(3) Name and address of the production facility of the trader (2);

(4) In case of re-grant, it must specify that this Certificate replaces the Certificate number... day .... . month .... year, at....;

(5) Leaders of the Departments of Natural Resources and Environment grant certificate of eligibility for import of scraps.

APPENDIX 3

FORM OF NOTICIFICATION OF SCRAP IMPORT
(Issued together with the Joint-Circular No.34/2012/TTLT-BCT-BTNMT dated November 15, 2012 of the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment)

NOTICIFICATION OF SCRAP IMPORT

A. Information on the organizations and individuals importing scraps:

1. Importing trader’s name: ............................................ ..................................

Business Registration Certificate No.: ......................................... .......................

Date of issue: ............................. Place of issue: ............................................... ....

2. Headquarter’ s address: .....................................................................................

3. Import for direct use or import by the entrustment: .....................................

4. Address of the facility of production, use of imported scraps:

5. Type of products produced from imported scrap materials:

.................................................................................................................................

.................................................................................................................................

6. The certificate of eligibility for import of scraps No.: ....................... date of issue......... expiry date .............

7. Contact Person if necessary: ........................................... ..................................

Position: ..................................................................................................................

Phone: .................. Fax: .................. E-mail: ..........................................

B. Information on imported scraps:

1. Imported scraps’ names: ............................................ .......................................

2. The number of imported scraps: ........................................... .............................

3. Origin of imported scraps: .......................................... ........................................

4. Name and address of the exporting organization or individual: ..........................

5. Exporting port’s name: ............................................. ..........................................

6. Scraps importing border gate’s name: .......................................... .....................

7. Date of loading and unloading, transportation of imported scraps from the border gate to warehouse, yard (estimated): .................................................................................................................................

.................................................................................................................................

8. Notarized copy of the certificate of appraisal organization of scrap quality at the importing port.

9. The copy (photocopy) of Bill of lading, attached contract:

..................................................................................................................................

..................................................................................................................................

...................................................................................................................................

10. Other papers attached (if any) ........................................ ............................

.................................................................................................................................

.................................................................................................................................

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APPENDIX 4

FORM OF LEGAL AND FINANCIAL COMMITMENT OF TRADER IMPORTING SCRAP
(Issued together with the Joint-Circular No.34/2012/TTLT-BCT-BTNMT dated November 15, 2012 of the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment)

LEGAL AND FINANCIAL COMMITMENT OF TRADER IMPORTING SCRAP

To: ………..(1)…………….

I. General Information:

1. Name of committing organization, individual: ......................................... ......................................

2. Headquarter’ s address:.......................................................................................

3. Phone: ................., Fax: ..................., E-mail: ......................... ...................

4. Account number: .................., at: ..................................... .................................

5. Business Registration Certificate No.: ......................................... ....................

Date of issue: ........................ Place of issue: .................................... ...................

6. Import for direct use or import by entrustment for other traders: ...... (Name of trader entrusting import).........................................................................................

II. Information on scraps expected to be imported:

III. Content of the commitment:

1. We commit to import scraps only when knowing clearly its origin, composition and content of the impurities accompanying scraps and meeting the requirements according to the provisions of Vietnam.

2. We commit that the purchase contract or agreement with the exporting party shall be stated provisions on requiring the exporter to take the scrap back if it does not meet the standards, technical regulations or current provisions of Vietnam on environmental protection that the two parties have agreed.

3. We commit to store, transport and use scraps safely to ensure the requirements of environmental protection as accepted by the state management agencies in the certificate of eligibility for scrap import granted.

4. If the violation of environmental protection in the import of scrap occurs, we commit to bear all financial costs to remedy the consequences of environmental pollution.

5.For direct importers: We commit that imported scraps are used only as raw materials for production in our facility.

For traders entrusted import: Commit to deliver imported scraps only to traders entrusting import.

Note: (1) Customs office of border gate where import procedures are made.

APPENDIX 5

FORM OF REPORT ON IMPORT AND USE OF IMPORTED SCRAP OF DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT 
(Issued together with the Joint-Circular No.34/2012/TTLT-BCT-BTNMT dated November 15, 2012 of the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment)

REPORT

ON IMPORT AND USE OF IMPORTED SCRAP IN……….

I. Statistic on scraps imported, used:

II. The implementation of environmental protection for imported scraps:

The implementation of environmental protection of the organizations and individuals that import and use scraps as raw materials for production; environmental issues arising in the course of importing, transporting, storing, putting imported scraps as raw materials for production; environmental problems related to scraps and troubleshooting, evaluation of the economic value, environmental costs, etc.

III. Proposals and recommendations: .........................................................................................

...................................................................................................................................

APPENDIX 6

FORM OF REPORT ON IMPORT AND USE OF IMPORTED SCRAPS OF TRADERS IMPORTING SCRAPS
(Issued together with the Joint-Circular No.34/2012/TTLT-BCT-BTNMT dated November 15, 2012 of the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment)

REPORT

ON IMPORT AND USE OF IMPORTED SCRAPS IN YEAR ……….

I. Information on organizations and individuals importing scraps:

1. Name of the importing organization, individual:..................................................

2. Headquarter’ s  address:.................................................................................

3. Name and address of the subordinate production facility using imported scraps:

...................................................................................................................................

...................................................................................................................................

4. Types of products produced from imported scraps as raw materials:.................

..................................................................................................................................

..................................................................................................................................

5. Has been issued the certificate of eligibility for import, use of imported scraps No. ............ Date of issue: ....................... issued by…………………..

6. Contact Person: ....................................................................................

...............................................................................................................................

Position:...................................................................................................................

Tel: …………………. Fax:........................................................................................

E-mail:......................................................................................................................

II. Report on the import and use of scraps imported in year

III. Report on the environmental protection and recommendations:

..................................................................................................................................

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