Circular No. 02/2000/TT-BCN guiding the export and import of mineral goods in 2000

CIRCULAR

Guidelines for the export and import of mineral products in 2000

Pursuant to the Law on Minerals dated March 20, 1996, and the Decree No. 68/CP dated November 1, 1996, of the Government detailing the implementation of the Law on Minerals.

To implement Decision No. 242/1999/QĐ-TTg dated December 30, 1999, of the Prime Minister on the management of export and import of goods in 2000.

After consulting with the Ministry of Trade,

The Ministry of Industry hereby issues guidelines for the export and import of mineral products in 2000 as follows:

I- INTERPRETATION OF TERMS

Mineral products referred to in this Circular include minerals legally extracted and processed according to the laws on minerals and minerals traded normally in the international market (excluding oil and gas).

Hereinafter, mineral products will be referred to as minerals.

II- IMPORT OF MINERALS

Enterprises belonging to various economic sectors established in accordance with the law and having appropriate business registration certificates may import or entrust others to import minerals based on their production and business needs. Enterprises importing minerals must be those permitted to engage in import activities under Article 8 of Decree No. 57/1998/NĐ-CP dated July 31, 1998, of the Government detailing the implementation of the Law on Trade.

For ores and concentrates containing radioactive elements, the importation must comply with the regulations of the Ministry of Science, Technology, and Environment regarding state management of special goods and services restricted from trade as stipulated in Clause 1, Article 3, and List 2 of the Government's Decree on Prohibited Goods and Services, Restricted Trade Services, and Conditionally Permitted Trade Services No. 11/1999/NĐ-CP dated March 3, 1999.

III- EXPORT OF MINERALS

1. Minerals eligible for export must meet the following conditions:

- Meeting the quality and specification standards set out in the Appendix to this Circular;

- Legally extracted (based on the Mining License or Exhaustive Mining License issued in accordance with the laws on minerals);

- Not prohibited from export by separate directives of the Prime Minister (if applicable);

- Domestic market demand not being met or excess production.

2. Enterprises permitted to export minerals are:

a) Organizations or individuals holding a Mining License or Exhaustive Mining License (hereinafter referred to as the License Holder); or:

b) Trading enterprises with functions to trade in minerals recorded in their business registration certificate and meeting the requirements specified in Article 8 of Decree No. 57/1998/NĐ-CP dated July 31, 1998, of the Government detailing the implementation of the Law on Trade.

3. Export of minerals by foreign-invested enterprises shall be carried out in accordance with the investment license.

4. The License Holder has the right to entrust the export of minerals through enterprises permitted to export minerals as mentioned in Point 2.

5. The License Holder is allowed to dispose of minerals through export, entrusted export, sale to domestic enterprises requiring usage, or trading enterprises as mentioned in Point 2, Clause b, with the total volume disposed of in a year not exceeding the extraction capacity stated in the Mining License and actual extraction and processing capacity. The License Holder is responsible for prioritizing domestic demand.

6. In addition to customs documents, enterprises exporting minerals must present the following documents to the customs office:

- A valid copy of the Mining License or Exhaustive Mining License issued by the competent authority.

- A valid copy of the Quality Registration Certificate (consistent with the quality standards set out in the Appendix) at the competent quality management authority (for minerals with quality standards).

- A purchase and sale contract for minerals or a consignment export contract for minerals signed with the License Holder (in cases where the exporting enterprise is not the License Holder).

These contracts together with the Mining License serve as the basis for the customs authority to manage the quantity of exported goods from the same source without exceeding the extraction capacity mentioned in Point 5.

7. Coal export shall be carried out in accordance with specific regulations.

IV- IMPLEMENTATION PROVISIONS:

1. This Circular takes effect from April 1, 2000.

2. Any export of minerals not derived from legal mining, or exceeding the extraction capacity stated in the Mining License (or Exhaustive Mining License) without prior agreement from the issuing authority, shall be considered a violation of this Circular and subject to legal sanctions.