Joint Circular No. 01/2012/TTLT-BCT-BTC amends and supplements certain provisions of Joint Circular No. 14/2009/TTLT-BCT-BTC dated June 23, 2009, issued by the Ministry of Industry and Trade and the Ministry of Finance, guiding the issuance of certificates and import and export procedures for rough diamonds to implement the provisions of the Kimberley Process Certification Scheme.

JOINT CIRCULAR

Amending and supplementing certain provisions of Circular Joint Circular No.

14/2009/TTLT-BCT-BTC dated June 23, 2009of the Ministry of Industry and Trade

and the Ministry of Finance guiding the issuance of certificates and import procedures,

b) Organizing the implementation of mechanisms to encourage, support, and guide the development of new business models based on e-commerce applications and digital technology; rough diamonds to implement the provisions of the Kimberley Process Certification Scheme

Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to the Kimberley Process Certification Scheme for rough diamonds signed on November 5, 2002 in Interlaken, Switzerland;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Announcement No. PK_P/006/05/2011 dated May 26, 2011 of the Chairman of the Kimberley Process Certification Scheme recognizing the Kingdom of Swaziland as a member of the Kimberley Process Certification Scheme;

Implementing Directive No. 1600/2002/CT-QHQT-VPCP dated December 13, 2002 of the Prime Minister on Vietnam's participation in the Kimberley Process Certification Scheme for the export and import of rough diamonds;

Pursuant to Resolution No. 68/NQ-CP dated December 27, 2010 of the Government on simplifying administrative procedures within the scope of the functions of the Ministry of Finance;

The Minister of Industry and Trade and the Minister of Finance amend and supplement certain provisions of Joint Circular No. 14/2009/TTLT-BCT-BTC dated June 23, 2009 of the Ministry of Industry and Trade and the Ministry of Finance guiding the issuance of certificates and import and export procedures for rough diamonds to implement the provisions of the Kimberley Process Certification Scheme (hereinafter referred to as Joint Circular No. 14/2009/TTLT-BCT-BTC) as follows:

Amend Point a Clause 1 Article 12, Section II as follows:

Article 1. One (01) certified copy of the Kimberley Process Certificate issued by the competent authority of the exporting country (this certified copy must be signed and stamped with confirmation of being a true copy by the head or authorized representative of the trader, accompanied by the original for verification).

Amend Clause 1 Article 14, Section III as follows:

Article 2. 1. For traders, when applying for a Kimberley Process Certificate for export shipments of rough diamonds, they must submit to the Export-Import Management Department the following documents:

a) Application form for a Kimberley Process Certificate. In the application, the trader commits that the exported rough diamonds are not conflict diamonds (original with signature and stamp of the head or authorized representative of the trader);

b) A fully completed Kimberley Process Certificate according to Appendix VII, including one (01) original and three (03) copies;

c) Kimberley Process Certificate issued by the competent authority of the exporting country, which has been confirmed by the Export-Import Management Department as having been imported;

d) Commercial invoice (certified copy with signature and stamp of confirmation of being a true copy by the head or authorized representative of the trader, accompanied by the original for verification);

đ) Packing list (certified copy with signature and stamp of confirmation of being a true copy by the head or authorized representative of the trader, accompanied by the original for verification);

e) Processing contract and processing quota registered with the Customs Authority (certified copy with signature and stamp of confirmation of being a true copy by the head or authorized representative of the trader, accompanied by the original for verification).

Supplement Article 15a after Article 15 as follows:

Article 3. "Article 15a. Submission of customs declaration and transport documents

1. Traders must submit to the Export-Import Management Department the completed customs declaration for export and transport documents or equivalent transport documents (certified copy with signature and stamp of confirmation of being a true copy by the head or authorized representative of the trader, accompanied by the original for verification) within fifteen (15) working days from the date of completing customs procedures for the shipment of exported rough diamonds.
2. In case the trader violates the provisions of Clause 1 of this Article, the Export-Import Management Department will consider temporarily suspending the issuance of Kimberley Process Certificates for subsequent export shipments of the trader. At the same time, the Ministry of Industry and Trade will send a notification letter to the Customs Authority regarding the violation of the trader so that the Customs Authority can consider temporarily suspending customs procedures for subsequent export or import shipments of rough diamonds of the trader."
Supplement the list of members of the Kimberley Process Certification Scheme specified in Appendix I attached to Joint Circular No. 14/2009/TTLT-BCT-BTC as follows:

Article 4. Serial number: 49, member country name: Swaziland, abbreviation: SZ

This Joint Circular takes effect from February 18, 2012./.

Article 5. Effectiveness

DEPUTY MINISTER                                                                              DEPUTY MINISTER

                    MINISTRY OF FINANCE                                                                                  MINISTRY OF INDUSTRY AND TRADE

           VICE MINISTER                                                                                          VICE MINISTER

VICE CHIEF                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

Đỗ Hoàng Anh Tuấn Nguyễn Thành Biên