Circular No. 02/2001/TT-BCN guiding the export of mineral products during the period from 2001 to 2005

CIRCULAR

Guidelines for the Export of Mineral Commodities during the Period 2001-2005

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Pursuant to the Government Decree No. 74/CP dated November 1, 1995 on the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to the Law on Minerals dated March 20, 1996, and Decree No. 76/2000/NĐ-CP dated December 15, 2000, detailing the implementation of the Law on Minerals (amended), issued by the Government;

Implementing Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on the management of export and import of goods during the period 2001-2005;

The Ministry of Industry provides guidelines for the export of mineral commodities during the period 2001-2005 as follows.

I. GLOSSARY:

Mineral commodities referred to in this Circular are solid minerals extracted and processed by organizations and individuals according to Mining Licenses, Mining Exhaustion Licenses, or Mineral Processing Licenses issued by competent authorities in accordance with laws on minerals, and solid minerals permitted for import under laws on trade for processing or re-export (hereinafter referred to as "minerals").

Metal types and alloys not included in the list of minerals.

II. CONDITIONS FOR EXPORTING MINERALS:

1. For domestically mined minerals:

a) Legally mined in accordance with laws on minerals;

b) Not prohibited from export by separate regulations of the Prime Minister;

c) Meet quality standards set out in the Appendix to this Circular;

d) Domestic market has no demand or does not consume all the mined minerals.

2. Enterprises permitted to export minerals are enterprises established in accordance with the law, meeting conditions stipulated 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 regarding export, import, processing, and agency sales of goods with foreign countries, and:

a) Hold a Mining License or a Mining Exhaustion License, or

b) Hold a Mineral Processing License and a Purchase Contract for minerals (for processing) from organizations or individuals holding a Mining License or a Mining Exhaustion License, or

c) Hold a Sales Contract for minerals or a Commission Export Contract for minerals signed with organizations or individuals holding a Mining License, a Mining Exhaustion License, or a Mineral Processing License.

3. Export of minerals through temporary import-reexport trading method:

Implemented in accordance with the Trading Regulations for Temporary Import-Reexport (announced together with Decision No. 1311/1998/QĐ-BTM dated October 31, 1998 of the Ministry of Trade).

4. Export of minerals to foreign traders after completing processing contracts for foreign traders:

Implemented in accordance with the provisions of Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Trade regarding export, import, processing, and agency sales of goods with foreign countries.

5. Export of minerals processed from imported minerals:

Minerals exported must be processed by organizations or individuals holding a Mineral Processing License.

6. Export of coal:

Coal exports are carried out by Vietnam National Coal Corporation according to the annual State plan.

Enterprises outside Vietnam National Coal Corporation may export through commissioning member enterprises with export functions of Vietnam National Coal Corporation or exporting coal sold by Vietnam National Coal Corporation for export.

Specifically, exports to China via small border crossings shall be implemented in accordance with Circular No. 15/2000/TT-BTM dated August 10, 2000 of the Ministry of Trade.

7. Export of minerals by foreign-invested enterprises shall be carried out in accordance with investment licenses.

III. IMPLEMENTATION PROVISIONS:

This Circular takes effect 15 days from the date of signature.

2. During the process of exporting minerals, enterprises violating the provisions of this Circular or taking advantage of purchase-sale contracts or commission export contracts to illegally export mined minerals; exporting quantities exceeding the extraction capacity stated in the Mining License (or Mining Exhaustion License); failing to prioritize sales to domestic enterprises needing them shall bear legal responsibility.

ANNEX:

QUALITY STANDARDS FOR EXPORTED MINERALS
(Annexed to Circular No. 02/2001/TT-BCN)

Note: In this appendix, the term "concentrate" is equivalent to the term "enriched ore" in the "Export Tariff, Import Tariff" announced together with Decision No. 67/1999/QĐ- BTC dated June 24, 1999 of the Ministry of Finance.