Circular No. 04/2012/TT-BXD guiding the export of construction materials minerals

CIRCULAR

Guidelines for Exporting Construction Materials Minerals

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Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 15/2012/NĐ-CP dated March 9, 2012 of the Government detailing the implementation of certain provisions of the Law on Minerals;

Pursuant to Decision No. 105/2008/QĐ-TTg dated July 21, 2008 of the Prime Minister approving the Plan for Exploration, Exploitation, and Utilization of Cement Raw Material Minerals in Vietnam until 2020;

Pursuant to Decision No. 152/2008/QĐ-TTg dated November 28, 2008 of the Prime Minister approving the Plan for Exploration, Exploitation, Processing, and Utilization of Construction Materials Minerals in Vietnam until 2020;

Considering the proposal of the Director of the Department of Construction Materials;

The Minister of Construction issues this Circular guiding the export of construction materials minerals.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides activities related to the export of construction materials minerals, cement raw material minerals, and ordinary construction materials minerals (hereinafter referred to collectively as construction materials minerals).

Article 2. This Circular applies to organizations and individuals, both domestic and foreign, meeting the conditions stipulated by laws on trade participating in the export of construction materials minerals in Vietnam (except cases where construction materials minerals are moved from inland to non-tariff zones for construction, repair, and maintenance of structures within non-tariff zones).

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

Clause 1. The competent state management agency issuing mining permits is the agency specified in Article 82 of the Mineral Law No. 60/2010/QH12.

Clause 2. Mineral processing is the process of sorting, enriching minerals, or other activities aimed at achieving the quality standards of raw materials or products for various uses.

Clause 3. Construction sand is natural sand from mines, rivers, streams with a silica (SiO₂) content less than 85% (excluding white silica sand and saline sand), included in the list of ordinary construction materials minerals, and crushed stone sand used in construction.

Clause 4. Construction rock is natural rock included in the list of ordinary construction materials minerals that have been crushed, screened, and classified according to size for use as aggregate in concrete, revetment, foundation, wall construction, and road building.

Clause 5. Rock blocks are natural rock not yet processed into final products with a volume of 0.5 m³ or more.

Chapter II

REGULATIONS ON THE EXPORT OF CONSTRUCTION MATERIALS MINERALS

Article 3. List of permitted minerals for export

Clause 1. Permitted minerals for export are those listed in Appendix 1 of this Circular.

Clause 2. Minerals not included in the list of permitted exports but required for special circumstances may be exported upon the Ministry of Construction's report to the Prime Minister for decision.

Article 4. Conditions for construction materials minerals to be permitted for export

Clause 1. Minerals listed in the permitted export list must meet the conditions set out in Appendix 1 of this Circular and not be included in the list of construction materials minerals not permitted for export issued in Appendix 2 of this Circular (except temporarily imported, re-exported minerals).

Clause 2. Minerals must originate from the following sources:

Point a. Minerals extracted from mines with valid exploitation permits issued by the competent state management agency at the time of extraction.

Point b. Minerals confiscated and auctioned by the competent state management agency with legitimate purchase or auction receipts.

Point c. Temporarily imported, re-exported, or imported for processing and export, carried out in accordance with the Law on Trade and implementing regulations. In such cases, enterprises must have an import declaration proving that the exported processed mineral products were produced from imported raw materials.

Article 5. Documents for exporting minerals include:

1. Export documents for goods in accordance with the Law on Customs.

2. The results of laboratory tests analyzing the mechanical, physical, and chemical indicators of minerals must be confirmed by laboratories LAS-XD or equivalent (except for stone tiles, roofing slate, and slate for burning).

3. Documents proving the origin of minerals as follows:

a) For enterprises that self-exploit and process minerals or are authorized to exploit, process, and export minerals: The enterprise must have a notarized copy of the mineral exploitation permit and investment certificate for the mineral processing project. In cases where the mineral exploitation unit does not yet have a processing plant, it must supplement the investment certificate for the processing project of the unit that has been hired for mineral processing and the mineral processing lease contract.

b) For enterprises purchasing minerals for export processing: The enterprise must have a notarized copy of the mineral exploitation permits, VAT invoices, and investment certificates for the mineral processing projects of the seller.

c) For enterprises engaged in mineral export business purchasing processed minerals for export: The enterprise must have a purchase and sale contract, a notarized copy of the mineral exploitation permits, VAT invoices, and investment certificates for the mineral processing projects of the seller.

d) For enterprises importing minerals for processing and export: The enterprise must have an import declaration proving that the exported processed minerals were produced from imported raw materials.

Chapter IV

IMPLEMENTATION

Article 6. Report on the Export of Minerals Used as Construction Materials

1. Enterprises exporting minerals must prepare and submit reports to the provincial People's Committee according to the form prescribed in Appendix 3 of this Circular before January 15 each year; the provincial People's Committee must submit the report to the Ministry of Construction before January 30 each year for consolidation and reporting to the Prime Minister. The report is prepared annually from January 1 to December 31 of the reporting year.

2. In addition to complying with the reporting system as prescribed, when requested by relevant state management agencies for management purposes, enterprises exporting minerals must submit ad hoc reports on the situation of mineral exports.

Article 7. Inspection and Handling of Violations

1. The Ministry of Construction shall coordinate with relevant ministries and sectors to organize regular or ad hoc inspections of compliance with laws in the export of minerals used as construction materials in localities.

2. The provincial People's Committee is responsible for directing competent agencies to conduct regular or ad hoc inspections of the export of minerals used as construction materials in accordance with the law.

3. Organizations and individuals violating the provisions of this Circular may be subject to disciplinary action, administrative penalties, compensation for damages, or criminal liability, depending on the severity and nature of the violation, as provided by law.

Article 8. Effective Date

This Circular takes effect from November 6, 2012, and replaces Circular No. 18/2009/TT-BXD dated June 30, 2009, issued by the Minister of Construction on guiding the export of minerals used as construction materials.Any issues arising during implementation should be promptly reported in writing to the Ministry of Construction for consideration and resolution./.