Circular No. 05/2007/TT-BCT guiding coal exports

CIRCULAR

Guidelines for Coal Export

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Pursuant to Resolution No. 01/2007/QH12 dated July 31, 2007 of the National Assembly of the Socialist Republic of Vietnam, the twelfth session, first meeting, concerning the organizational structure of the Government and the number of Deputy Prime Ministers during the twelfth term;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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 trade agency activities such as purchasing, selling, processing, and transiting goods;

The Ministry of Industry and Trade hereby provides guidelines for coal export as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Coal may only be exported when it meets both of the following requirements simultaneously:

- Having a legal origin as stipulated at point b, Clause 2, Section I of Circular No. 04/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade guiding conditions for coal business.

- Meeting quality standards or equivalent quality standards as set out in Appendix 2 on the list, conditions, and quality standards for exported coal attached to this Circular.

2. Based on the list, conditions, and quality standards for exported coal prescribed by the Ministry of Industry and Trade, taking into account the actual supply capacity for legal coal sources, coal exporters shall submit their export plans for the following year according to Appendix 1 attached to this Circular to the Ministry of Industry and Trade before October 15 each year for consolidation and balancing.

II. SPECIFIC PROVISIONS

1. In addition to having all necessary conditions for coal business as prescribed in Circular No. 04/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade guiding conditions for coal business, coal exporters must meet one of the following conditions:

For domestically sourced coal:

a) Possessing a valid coal mining permit or a valid residual coal mining permit issued by the competent state authority.

b) Holding a valid coal processing permit and a purchase contract for coal processing signed with organizations or individuals mentioned in point a of this clause.

c) Having a purchase contract for coal or a consignment export contract for coal signed with organizations or individuals mentioned in points a and b of this clause.

d) Possessing legitimate proof of purchase of coal confiscated and auctioned by the competent state authority.

For imported coal intended for export:

Providing legitimate proof showing that the exported coal is legally imported in accordance with relevant laws.

2. Domestic coal exporters can only engage in coal export activities with coal purchased directly (or consigned for export) from the sources mentioned in Clause 1 above.

3. When handling export procedures, in addition to the documents required by customs laws, coal exporters must present to the customs authority a quality and quantity certification for each batch of exported coal issued by an organization authorized to certify, and a certified copy of the value-added tax invoice for coal sales (or consignment export contract in the case of consignment export) issued by the organization or individual directly mining or processing the coal.

III. REPORTING ON COAL EXPORTS

1. Coal exporters are responsible for reporting the results of coal exports and bear responsibility for the accuracy and honesty of the reported data and information.

2. The contents of the report on coal exports include:

a) Reporting on the volume and quality of exported coal.

b) Reporting on the source of exported coal; compliance with regulations on coal exports.

3. The reporting system for coal exports is implemented as follows:

a) Reports on the implementation of coal exports are prepared periodically every six months and annually. The six-month period is calculated from January 1 to June 30 of the reporting year. The annual period is calculated from January 1 to December 31 of the reporting year.

b) In addition to implementing the reporting system specified in point a of this clause, when requested by relevant state management agencies, coal exporters must provide ad hoc reports on coal exports.

4. The deadline for submitting reports on coal exports is as follows:

a) Coal exporters are responsible for preparing reports as prescribed in Clause 2 of this Section and must submit them to the People's Committee of the province or centrally governed city where the coal export takes place no later than five days after the end of the reporting period specified in point a of Clause 3 of this Section.

b) The People's Committee of the province or centrally governed city directs relevant agencies to prepare consolidated reports on coal exports within their jurisdiction and submit them to the Ministry of Industry and Trade no later than fifteen days after the end of the reporting period specified in point a of Clause 3 of this Section.

IV. SANCTIONS FOR VIOLATIONS

1. Violations of the provisions on coal exports set forth in this Circular will be subject to administrative penalties as prescribed in Decree No. 175/2004/NĐ-CP dated October 10, 2004 of the Government on administrative penalties in the field of trade and other related legal documents, depending on the severity of the violation.

2. State officials who abuse their positions or powers to violate the provisions of this Circular may be subject to disciplinary action, administrative sanctions, or criminal prosecution, depending on the severity and nature of the violation, as prescribed by law.

V. IMPLEMENTATION

1. Coal export activities shall be carried out in accordance with this Circular and other relevant laws. This Circular shall take effect fifteen days after its publication in the Official Gazette and shall replace the guidance on coal mine exports prescribed in Clause 4, Section II of Circular No. 02/2006/TT-BCN dated April 14, 2006 of the Ministry of Industry.

2. Based on the demand for use and the capacity for domestic coal extraction and processing, the Ministry of Industry and Trade will consider adjusting the list, conditions, and quality standards for permitted coal exports to ensure appropriateness.

3. The Ministry of Industry and Trade shall lead and coordinate with relevant ministries, sectors, and localities to regularly inspect compliance with the provisions on coal exports under this Circular and related laws.

4. When traders show signs of violating the regulations on coal exports, the People's Committee of the province or centrally governed city where the coal export takes place shall be responsible for directing competent agencies to inspect, rectify, and promptly address the situation.

5. Coal export contracts signed before the date this Circular takes effect shall continue to be implemented until the expiration of their validity period.

6. During the implementation of this Circular, if there are any difficulties, traders exporting coal or related organizations and individuals shall promptly reflect them in writing to the Ministry of Industry and Trade for the Ministry of Industry and Trade to consider and handle./.