Circular No. 03/2006/TT-BCN guiding the export and import of industrial explosives and the import of high-concentration ammonium nitrate

CIRCULAR

Guidelines for Exporting and Importing Industrial Explosives and Importing High Concentration Ammonium Nitrate

và nhập khẩu nitrat ammonium hàm lượng cao

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Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign agency buying, selling, processing, and transiting goods;

The Ministry of Industry hereby issues guidelines for exporting and importing industrial explosives and importing high concentration ammonium nitrate (ammonium nitrate concentration of 98.5% or higher by dry weight) as follows:

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

a) These Circulars guide the export and import of industrial explosives (IE) and the import of high concentration ammonium nitrate.

b) These Circulars apply to enterprises permitted to trade in IE (holding export and import permits for IE and high concentration ammonium nitrate - referred to as ammonium nitrate), enterprises permitted to produce IE (holding import permits for ammonium nitrate), enterprises using ammonium nitrate for other purposes (holding import permits for ammonium nitrate), and oil and gas enterprises named in the Decision approving annual quotas for the export and import of industrial explosives issued by the Oil Exploration and Production Corporation (holding import permits for IE and re-export permits for IE).

2. Procedure for Granting Permits

a) The procedure and formalities for granting quotas shall be carried out according to the "Procedure for Granting Quotas for Raw Materials for Production and Industrial Explosives - QT24" issued by the Ministry of Industry and effective from October 1, 2004. For ammonium nitrate, the quota approval process shall follow the Regulation on Managing High Concentration Ammonium Nitrate of the Ministry of Industry.

b) Annually, the Ministry of Industry approves quotas for the export and import of IE for enterprises permitted to trade in IE and oil and gas enterprises with the Oil Exploration and Production Corporation as the main entity.

c) Based on the approved annual quota volume, enterprises shall enter into purchase and sale contracts and prepare files to submit to the Ministry of Industry for the issuance of Export Permit for Industrial Explosives, Import Permit for Industrial Explosives, and Import Permit for Ammonium Nitrate.

In cases where enterprises have exhausted their approved quota volumes and require additional exports or imports, enterprises must prepare files requesting the Ministry of Industry to approve supplementary quotas. The procedures, formalities, and files for requesting supplementary quotas shall be conducted similarly to those for initial quota requests at the beginning of the year.

3. Documents Required for Requesting Approval of Import Permit for Industrial Explosives

a) Application Form for Import Permit (Form No. 1)

b) Copy of the decision approving the import quota.

c) Report on the quantity of imported quota already implemented.

d) Copy of the Purchase Contract for IE with foreign enterprises and Sale Contract for IE with domestic enterprises.

4. Documents Required for Requesting Approval of Export Permit for Industrial Explosives

a) Application Form for Export Permit (Form No. 2)

b) Copy of the decision approving the export quota.

c) Report on the quantity of exported quota already implemented.

d) Copy of the Sale Contract for IE with foreign enterprises and Purchase Contract for IE with domestic enterprises.

For the case of exporting (re-exporting) IE by oil and gas enterprises - Copy of the Purchase Contract for IE from foreign enterprises and Sale Contract for IE to other foreign enterprises.

5. Documents Required for Requesting Approval of Import Permit for Ammonium Nitrate

a) Application Form for Import Permit (Form No. 3).

b) Copy of the decision approving the import quota.

c) Report on the quantity of imported quota already implemented (for enterprises importing for the second time or more).

d) Copy of the Purchase Contract for Ammonium Nitrate with foreign enterprises.

7. Time Limit for Approval of Permit

Within seven working days from the date of receipt of complete and valid documents, the Ministry of Industry shall issue the Permit for enterprises (Form No. 4, 5, 6) or provide a written response stating the reasons for not issuing the Permit.

8. Reporting System

Enterprises shall implement reporting on export and import activities in accordance with current regulations. The latest deadline for submitting reports is July 15 for six-month reports and January 15 for annual reports.

9. Implementation Provisions

a) The Machinery, Metallurgy, and Chemicals Department shall take the lead in coordinating with relevant Departments and Agencies to assist the Ministry in managing and guiding the issuance of export and import permits for industrial explosives and the import of high concentration ammonium nitrate.

b) These Circulars shall take effect from May 1, 2006, and all provisions of the Ministry of Industry concerning the export and import of industrial explosives and the import of high concentration ammonium nitrate that conflict with these Circulars shall be abolished.

c) During the implementation period, if there are difficulties or obstacles, please report them to the Ministry of Industry for consideration and resolution./.