This Circular guides the conditions for coal trade, specifying the applicable subjects, business conditions, requirements during the trading process, and handling violations related to the activities of buying and selling, transporting, storing coal within the territory of Vietnam.
적용 범위
Traders engaged in domestic coal trade (buying and selling, agency, transportation, storage) and export.
핵심 사항
- Traders must have a business registration certificate for coal trade issued by the competent authority (Article II.1).
- Must have warehouses, retail stores, and accurate weighing equipment for the volume and quality of coal according to prescribed standards (Article II.2).
- Coal storage facilities must comply with urban planning, environmental protection, and traffic safety regulations (Article II.3).
- Must accurately measure the quantity, quality, and type of coal using measuring instruments according to national standards (Article III.1).
- Traders must implement reporting, statistical, and financial-accounting systems in accordance with current state regulations (Article III.3).
🌐 이 문서의 사회적 영향
- Establish clear legal grounds for coal trade activities, helping to strictly manage the market.
- Reduce illegal coal trade activities and protect the environment.
- Those affected are traders who fail to meet the required business conditions.
❓ 자주 묻는 질문
How should traders obtain a business registration certificate for coal trade?
Must have a business registration certificate for coal trade issued by the competent authority (Article II.1).
What conditions must traders ensure regarding coal storage facilities?
Coal storage facilities must comply with urban planning, environmental protection, and traffic safety regulations (Article II.3).
What responsibilities do coal traders have during the trading process?
Must implement reporting, statistical, and financial-accounting systems in accordance with current state regulations (Article III.3).
Are there penalties for traders who do not comply with this Circular?
Traders who violate will be subject to administrative fines or criminal liability as stipulated by law (Article IV.1).
When does this Circular take effect?
Takes effect 15 days from the date of signature (Article IV.2.1).
전문
CIRCULAR
Guidelines for coal mining business conditions
Implementing Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government on prohibited goods and services, restricted goods and services, and goods and services subject to conditions for business.
After coordinating with the Ministry of Trade and the Ministry of Industry, guidelines for coal mining business conditions are as follows:
I. SCOPE OF APPLICATION
1. Coal mining is a business subject to conditions according to Decree No. 11/1999/NĐ-CP of the Government. All traders engaged in coal mining business (including trading, acting as agents, transporting, storing...) within the territory of Vietnam must comply with the provisions of this Circular.
2. Coal mining here includes Anthracite, sub-Anthracite, bituminous coal, and lignite in their raw or processed forms.
3. Coal mining circulating in the domestic market and for export must be from legitimate sources (coal produced, mined, and traded in accordance with the law) and meet current national standards. Strictly prohibit traders from circulating and trading illegally sourced coal.
4. Traders engaging in coal mining business must have a business registration certificate issued by the competent authority and must meet the conditions specified in Section II of this Circular, and during the course of business, they must continuously ensure compliance with the stipulated business conditions.
5. Traders are only permitted to purchase legitimate coal sources to process into fuel for household use (such as honeycomb briquettes, palm fruit charcoal...).
Types of coal processed for industrial boilers and other purposes are not considered household fuels.
6. Traders engaged in coal mining business, in addition to complying with this Circular, must also strictly adhere to all regulations under the Commercial Law and related legal documents of the State.
II. CONDITIONS FOR COAL MINING BUSINESS
The conditions for conducting business with coal mining products must satisfy the general conditions prescribed in Article 6 of Decree No. 11/1999/NĐ-CP in Item II Point a, b, e of List No. 3, and are specifically defined as follows:
1. Must be a trader holding a business registration certificate for coal mining issued by the competent authority.
2. Traders engaged in coal mining business must have warehouses, stores, and measuring equipment to accurately measure the quantity and quality of coal in accordance with the standards set by the competent state management agencies.
3. Coal storage warehouses, stations, and stores must have separate compartments for each type of coal; they must comply with urban planning regulations, ensuring environmental protection, hygiene, and traffic safety requirements as stipulated by law.
For self-combustible coal types, preventive measures and firefighting equipment must be in place and approved by local fire prevention authorities.
III. IMPLEMENTATION REGULATIONS DURING THE CONDUCT OF COAL MINING BUSINESS
1. Accurate measurement of quantity, quality, and type of coal must be conducted using measuring instruments in accordance with national standards.
2. Concentrate coal at the designated business location as stated in the application for business registration certificate already approved by the competent authority.
3. Fully implement reporting, statistical, financial, and accounting systems as currently prescribed by the State.
4. Traders granted a business registration certificate or supplementary registration for coal mining must send copies of the registration certificate or supplementary registration to the Ministry of Industry (Department of Planning and Investment) for monitoring.
IV. VIOLATION HANDLING AND EFFECTIVE ENFORCEMENT
1. Handling of violations.
1.1. Traders violating the provisions of Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government and this Circular, depending on the severity of the violation, may face administrative penalties or criminal prosecution as provided by law.
1.2. State officials who abuse their positions and powers and fail to comply with the provisions of Decree No. 11/1999/NĐ-CP and this guiding Circular, depending on the severity of the violation, may be subject to disciplinary action, administrative penalties, or criminal prosecution as provided by law.
2. Effective Date
2.1. This Circular takes effect fifteen days from the date of signature.
2.2. Circular No. 07/TT-LB dated October 30, 1995 of the Ministry of Energy and Trade on guidelines for coal mining business conditions ceases to be effective.
2.3. Relevant state management agencies shall, based on their functions, be responsible for inspecting and guiding traders engaged in coal mining business to comply with the provisions of Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government and the provisions of this Circular./.
관계도
문서를 클릭하면 열립니다. 빨간 테두리＝효력을 변경하는 관계.