Circular No. 11/2002/TT-TM-XNK guiding the management of rough diamond import and export

CIRCULAR

Guidelines for managing the export and import of rough diamonds

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 Implementing Directive No. 1600/2002/CT-QHQT-VPCP dated December 13, 2002 of the Prime Minister on Vietnam's participation in the Kimberley Process Certification Scheme for rough diamond export and import activities;

 The Ministry of Trade guides the implementation of the management of the export and import of rough diamonds as follows:

 I/ GENERAL PROVISIONS

1. Definition of rough diamonds: Rough diamonds are types of diamonds that have not been processed or only simply cut, polished, or drilled, or partially polished, classified under HS codes 71 02 10 00, 71 02 21 00, 71 02 31 00.

2. Strictly prohibit the import of conflict diamonds - diamonds that are obtained from rebel movements or terrorist groups using them to finance their activities, including plots to weaken or overthrow legitimate governments, or diamonds obtained through the use or threat of coercion or military means.

3. Enterprises are only permitted to export and import rough diamonds with countries participating in the Kimberley Process Certification Scheme listed in Appendix 01 attached to this Circular.

 II/ PROCEDURES FOR EXPORT AND IMPORT OF ROUGH DIAMONDS

1. When processing export procedures for rough diamonds, Vietnamese enterprises must present to the Customs authority the Kimberley Process Certificate issued by the Ministry of Trade according to the prescribed form. For shipments of rough diamonds exported during the initial period without a form, the Ministry of Trade will issue a Government Letter of Comfort for enterprises to confirm these shipments.

2. When processing import procedures for rough diamonds, Vietnamese enterprises must present to the Customs authority the Kimberley Process Certificate issued by the exporting country. In cases where there is no such Kimberley Process Certificate, the enterprise must present a Government Letter of Comfort from the exporting country, which clearly states that the shipment of rough diamonds was exported in compliance with the provisions of the Kimberley Process Certification Scheme.

3. After completing the clearance procedures for imported shipments of rough diamonds into Vietnam, the Customs authority will establish and send an Import Confirmation for these shipments (according to the form specified in Appendix 02 of this Circular) to the Ministry of Trade of the Socialist Republic of Vietnam for submission to the Secretariat of the Chairing Country.

 III/ IMPLEMENTATION PROVISIONS

1. The Ministry of Trade is responsible for receiving applications and issuing Kimberley Process Certificates or Government Letters of Comfort for enterprises.

This Circular takes effect from January 1, 2003. All provisions contrary to those set out in this Circular are abolished./. 

 

 

 

 

APPENDIX 01

List of Countries Participating in the Kimberley Process

 

 

1. Angola (Official Abbreviation AO)

2. Australia (AU)

3. Botswana (BW)

4. Brazil (BR)

5. Burkina Faso (BF)

6. Canada (CA)

7. Central African Republic (CF)

8. Democratic Republic of Congo (CD)

9. European Union (Austria-AT, Belgium-BE, Denmark-DK, Finland-FI, France-FR, Germany-DE, Greece-GR, Ireland-IE, Italy-IT, Luxembourg-LU, Netherlands-GTPortugal-PTSpain-ES, Sweden-SE, United Kingdom-GB)

10. Gabon (GA)

11. Ghana (GH)

12. Guinea (GN)

13. India (IN)

14. Israel (IL)

15. Ivory Coast (CI)

16. South Korea (KR)

17. Lesotho (LO)

18. Mauritius (MU)

19. Mexico (MX)

20. Namibia (NA)

21. Norway (NO)

22. People's Republic of China (CNincluding Hong Kong)

23. Philippines (PH)

24. Russian Federation (RU)

25. Sierra Leone (SL_Tp)

26. South Africa (ZA)

27. Swaziland (SZ)

28. Switzerland (CH)

29. Tanzania (TZ)

30. Thailand (SIGNATURE)

31. Ukraine (UA)

32. United Arab Emirates (AE)

33. United States (stands for "United States," which is translated into Vietnamese as "United States")

34. Zimbabwe (ZW)

35. Sri Lanka (LK)

Countries officially joining in 2003

 

1. Cyprus (CY)

2. Czech Republic (CZ)

3. Guyana (GY)

4. Japan (JP)

5. Malta (MT)

6. Venezuela (VE)

7. Vietnam (VN)

 

APPENDIX 02

 

Confirmation of Imported Rough Diamonds

(Under the title of the Socialist Republic of Vietnam and General Department of Customs)

VN Serial Number...

 

KIMBERLEY PROCESS CERTIFICATE

IMPORT CONFIRMATION

 

It is hereby certified that the rough diamonds

in this shipment exported

From ___

We accepted for import

Into ___

___________________________________________________________

By ___

On ___

And that the import has been checked and verified in compliance with the provisions of the Kimberley Process Certification Scheme for rough diamonds.

 

___Date, Month, Year___

Signature of authorized officer and seal