Circular No. 05/2018/TT-BXD guiding the export of construction materials minerals

CIRCULAR

Guidelines for Exporting Construction Materials Minerals

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Based on the Law on Minerals No. 60/2010/QH11 issued on November 17, 2010;

Based on the Government Decree No. 158/2016/NĐ-CP dated November 29, 2016 detailing certain provisions of the Law on Minerals;

Based on the Government Decree No. 24a/2016/NĐ-CP dated April 5, 2016 on construction materials management;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management of Foreign Trade;

Based on the Government Decree No. 81/2017/NĐ-CP dated July 17, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

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

The Minister of Construction issues this Circular on guidelines for exporting construction materials minerals.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides activities related to the export of main construction materials minerals (as defined in Clause 6, Article 3 of the Government Decree No. 24a/2016/NĐ-CP dated April 5, 2016 on construction materials management) and ordinary construction materials minerals (as defined in Clause 1, Article 64 of the Law on 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 prescribed by laws on trade participating in the export of construction materials minerals in Vietnam (except cases where construction materials minerals are moved from inland areas into tax-free zones or special customs areas for construction, repair, and maintenance of structures)..

Article 2. Interpretation of Terms

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

Point 1. Mineral processing is the process of using separately or in combination mechanical, physical, and chemical methods to alter the characteristics of minerals after extraction to produce products with specifications and technical standards suitable for use and higher commercial value than post-extraction minerals.

Point 2. Block stone is natural stone extracted from granite, gabro, basalt, quartzite, marble, slate, limestone, dolomite, and other types of mines by diamond wire cutting, disc sawing, or other methods at the mining site to create products with flat surfaces in block form and volume ≥ 0.5 m³.³.

Point 3. Stone veneer and paving stones are natural stone blocks processed by cutting, splitting, grinding, polishing, or not polishing, etc., into sheets used for cladding, paving, or decoration in construction projects.

Point 4. Construction stone is natural stone listed in the category of ordinary construction materials minerals that have been processed by crushing, grinding, sorting, or cutting, carving, and shaping according to size for use as concrete aggregates, retaining walls, foundation construction, wall building, paving sidewalks, and road surfaces.

Point 5. Artistic stone is natural stone mined from limestone, marble, quartz, metacarbonate, and other types of mines and crafted into non-standard-sized artistic products such as sculptures, stone columns, balustrades, decorative lights, tomb frames, stone paintings, rock gardens, gemstones, etc.

Article 3. List, Specifications, Technical Standards, and Origin of Exported Construction Materials Minerals

Point 1. The list, specifications, and technical standards of exported construction materials minerals are set out in Appendix I of this Circular (excluding temporarily imported-reexported, transshipped, or in-transit minerals).

Point 2. Exported construction materials minerals must have a legal origin as prescribed by laws on minerals.

Point 3. In cases where construction materials minerals are transferred abroad for analysis, research, or technological testing, or if they are not included in the export list, the Ministry of Construction will provide specific guidance upon request from organizations or individuals.

Article 4. Export dossier for construction materials minerals

The export dossier for construction materials minerals shall be implemented in accordance with the laws on customs and foreign trade management.

Article 5. Effective Date

This Circular takes effect from August 15, 2018, and replaces Circular No. 04/2012/TT-BXD dated September 20, 2012, issued by the Minister of Construction guiding the export of construction materials minerals.

Article 6. Responsibilities for Implementation and Organization

1. The Ministry of Construction is responsible for implementing, guiding, and supervising the implementation of this Circular; at the same time, coordinating with relevant ministries and sectors to organize regular or spot checks on compliance with the law in the export of construction materials minerals in localities.

2. Provincial People's Committees are responsible for directing competent agencies to conduct regular or spot checks on the export of construction materials minerals in accordance with the law.

3. Export enterprises must prepare annual reports (or spot reports when required by authorized agencies) to be submitted to the provincial People's Committee (where the enterprise conducts export activities) according to the model specified in Appendix II of this Circular before January 15 each year; the provincial People's Committee must submit a report to the Ministry of Construction before January 30 each year for consolidation and reporting to the Prime Minister.

4. In case of difficulties during implementation, ministries, sectors, localities, organizations, and individuals shall promptly reflect them to the Ministry of Construction for consideration and resolution./.