Circular No. 04/2005/TT-BCN guiding the export of minerals for the period 2005-2010

CIRCULAR

Guidelines for Exporting Minerals during the Period 2005-2010

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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;

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;

The Ministry of Industry hereby provides guidelines for exporting minerals during the period 2005-2010 as follows:

I. TERMINOLOGY EXPLANATION

1. VILAS standards are standards of the Vietnam Laboratory Accreditation System (Vietnam Laboratory Accreditation Scheme). A laboratory meeting VILAS standards is a laboratory with a quality management system according to ISO/IEC 17025, equivalent to TCVN ISO/IEC 17025:2001. The VILAS certificate is issued by the Quality Certification Office under the General Department of Standardization, Metrology, and Quality Control.

2. The competent state agency issuing mining and processing permits for minerals is the Ministry of Industry, the Ministry of Natural Resources and Environment, or the People's Committee of provinces for mining exploitation permits for mineral recovery.

II. REGULATIONS ON THE EXPORT OF MINERALS

1. Minerals must meet the following conditions and standards to be permitted for export:

a) Extracted from mines not included in planning and balance for domestic processing.

b) Processed to meet quality standards and conditions specified in Appendix 01 of this Circular. Mineral quality standards must be confirmed by laboratories meeting VILAS standards.

2. Enterprises permitted to export minerals are enterprises established in accordance with the law, having sufficient conditions as stipulated by the Law on Trade regarding export, import, processing, and foreign trade agency activities, and must satisfy one of the following conditions:

a) Possess a valid mining permit or a valid mineral recovery permit issued by the competent state agency.

b) Possess a valid mineral processing permit, and have a contract to purchase minerals for processing with organizations or individuals holding valid mining permits or mineral recovery permits.

c) Have a contract to purchase minerals or a contract for entrusting mineral exports with organizations or individuals holding valid mining permits, mineral recovery permits, or mineral processing permits.

3. Exporting minerals through temporary import-re-export business operations shall be carried out in accordance with the Regulations on Temporary Import-Re-Export Business Operations (annexed to Decision No. 1311/1998/QĐ-BTM dated October 31, 1998, of the Ministry of Trade).

4. Exporting minerals to foreign traders after completing contracts for processing for foreign traders shall be carried out in accordance with the provisions of Decree No. 57/1998/NĐ-CP dated July 31, 1998, detailing the implementation of the Law on Trade regarding export, import, processing, and foreign trade agency activities.

5. Exporting coal shall be carried out in accordance with Circular No. 02/1999/TT-BCN dated June 14, 1999, of the Ministry of Industry guiding the conditions for coal trading. In cases of small-scale exports, they shall be carried out in accordance with Circular No. 15/2000/TT-BTM dated August 10, 2000, of the Ministry of Trade.

Petroleum minerals shall be implemented in accordance with the Petroleum Law and the Law Amending and Supplementing Certain Provisions of the Petroleum Law, which were adopted by the National Assembly on July 6, 1993, and June 9, 2000.

7. For minerals that have been classified, washed, and processed but cannot meet the quality standards specified in Appendix 01, or for mineral types not listed in Appendix 01, the Ministry of Industry (for solid and non-metallic minerals) and the Ministry of Construction (for construction material minerals) shall be responsible for providing guidance on implementation. In special cases where there are changes or additions to the planning, a report must be submitted to the Prime Minister.

III. IMPLEMENTATION PROVISIONS

1. For certain types of minerals covered by export contracts signed before the effective date of this Circular, based on the conditions and standards of Circular No. 02/2001/TT-BCN dated April 27, 2001, including chromite concentrate, ilmenite concentrate, zircon, rutile, lead sulfur, exportation is allowed until September 30, 2005. After this period, the provisions of this Circular must be followed.

2. Based on the demand for each type of mineral for deep processing projects within the country, the Ministry of Industry will consider adjusting the list of minerals permitted for export in Appendix 01 of this Circular and will announce it one year in advance before stopping exports.

3. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 02/2001/TT-BCN of the Ministry of Industry dated April 27, 2001, guiding the export of mineral goods during the period 2001-2005./.