Circular No. 12/2016/TT-BCT amending and supplementing certain provisions of Circular No. 41/2012/TT-BCT dated December 21, 2012, issued by the Minister of Industry and Trade on mineral exports.

CIRCULAR

Amending and supplementing certain articles of Circular No. 41/2012/TT-BCT

dated December 21, 2012 of the Minister of Industry and Trade

concerning mineral exports

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Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Commerce regarding international trade activities and related agency buying, selling, processing, and transiting goods with foreign countries;

At the proposal of the Director of the Heavy Industry Department,

The Minister of Industry and Trade promulgates this Circular amending and supplementing certain articles of Circular No. 41/2012/TT-BCT dated December 21, 2012 concerning mineral exports.

Article 1. Amending and supplementing certain articles of Circular No. 41/2012/TT-BCT dated December 21, 2012 concerning mineral exports

"1. This Circular stipulates the list of minerals for export and quality standards for exported minerals and conditions for exporting minerals."
"3. Exporting minerals under the temporary import for re-export scheme or accepting processing for foreign traders for export shall be carried out in accordance with Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Commerce regarding international trade activities and related agency buying, selling, processing, and transiting goods with foreign countries."

"Article 4. Conditions for exporting minerals

Minerals permitted for export must meet the following conditions simultaneously:
1. They must be listed in the list and meet the quality standards set forth in Appendix 01 attached hereto.
2. They must have a legal origin in any of the following cases:
a) Minerals extracted and processed from mines or mining points with valid exploitation permits or exploitation permits for residual resources issued by competent state authorities.
b) Imported minerals with confirmation from customs authorities on the import declaration form for mineral imports.
c) Minerals confiscated or auctioned by state authorities.

For confiscated or auctioned minerals, the following documents must be provided: Sales invoice for confiscated assets, revenue fund, Inventory withdrawal slip, Administrative penalty asset confiscation handover record for public auction.
d) Mineral products that have been processed from legitimate sources as specified in points a, b, and c of this clause must comply with the processing technology of the processing facility.

3. For minerals containing thorium or uranium at or above 0.05% by weight, in addition to meeting the conditions set forth in Clauses 1 and 2 of this Article, they must also have a radioactive material export permit issued by the Ministry of Science and Technology in accordance with the Atomic Energy Law."

"Article 5. Procedures for exporting minerals
1. Before handling export procedures, enterprises must cooperate with customs authorities to take samples for analysis for each export shipment to determine quality. Sample analysis must be conducted in a laboratory certified to VILAS standards.
2. Documents for exporting minerals include:
a) Quality product analysis report as mentioned in Point 1 above (original copy).
b) Legal origin proof documents (certified true copies as required) submitted to customs authorities, including:

- Exploitation permit or residual resource exploitation permit as stipulated in Clause 2 of Article 4 (amended) of this Circular.

- Import declaration form for mineral imports in the case of imports.

- Purchase receipt for auctioned minerals as stipulated in Clause 2 of Article 4 (amended) of this Circular in the case of purchasing auctioned minerals.

- Purchase receipt for minerals for processing (mineral purchase contract, value-added tax invoice) accompanied by exploitation permit or residual resource exploitation permit or import declaration form for mineral imports or purchase receipt for auctioned minerals from the seller; Processing flow description and post-processing recovery rate for the case of purchasing minerals for processing.

- Purchase receipt for minerals (mineral purchase contract, value-added tax invoice) accompanied by exploitation permit or residual resource exploitation permit or import declaration form for mineral imports or purchase receipt for auctioned minerals from the seller for the case of trading.
c) Export approval document (if applicable) as stipulated in Article 6 and Clause 3 of Article 4 (amended) of this Circular (present original and submit a copy).
d) Export mineral report (copy) of the enterprise for the previous period submitted to relevant state agencies as stipulated in Clause 2 of Article 7 (amended) of this Circular, except for new enterprises implementing exports in the reporting period.

"Article 6. Special Cases
1. For minerals transferred abroad for analysis, research, and technological testing: Enterprises must submit a letter to the Ministry of Industry and Trade along with relevant documents: Report on the necessity of analysis, research, and technological testing; Plan for handling products after research and testing; Research and technology transfer contract or cooperation agreement; Proof of mineral origin documents.
2. In the following cases:
a) Processed mineral products that cannot meet the export quality standards as prescribed.
b) Mineral products stored in mines with expired exploitation permits but not in violation of Clause 3, Article 58 of the Minerals Law.
c) Mineral products not included in the list in Appendix 1 of this Circular, but currently there is no domestic demand.
d) Mineral products exported for counter-trade import of necessary goods for domestic production needs.
e) Imported minerals for domestic consumption but not fully consumed. For the cases specified in points a, b, c, and d of this clause, they must be inspected on-site by the provincial People's Committee where the minerals are mined or processed and a letter sent to the Ministry of Industry and Trade for consideration and resolution.

The Ministry of Industry and Trade will coordinate with relevant agencies to consider and resolve each specific case."

"Article 7. Report on the Implementation of Mineral Exports
1. The content of the report on the implementation of mineral exports according to Form 01 and Form 02 in Appendix 2 attached hereto.
1. The Industrial Department (Ministry of Industry and Trade) is responsible for organizing regular inspections of compliance with regulations on mineral exports under this Circular and relevant laws, handling issues arising during the export of minerals.
a) Enterprises that generate mineral exports in a quarter shall submit a report according to Form 01 in Appendix 2 to the Ministry of Industry and Trade (Department of Heavy Industry), Department of Industry and Trade, and Provincial Customs Service at the location where the enterprise has its principal office no later than the 15th day of the first month of the following quarter.
b) The People's Committee of the province where the exporting enterprise is located shall submit a consolidated report every six months and annually according to Form 02 in Appendix 2 to the Ministry of Industry and Trade (Department of Heavy Industry) no later than July 31 and January 31 each year.

3. When competent state authorities request a special report for management purposes, enterprises shall be responsible for submitting such reports in accordance with the requirements.

"Article 10. Implementation Organization
1. State management agencies and enterprises involved in mineral exports shall be responsible for implementing this Circular. In case of difficulties during implementation, organizations and individuals shall promptly reflect in writing to the Ministry of Industry and Trade for consideration and resolution.

2. The Ministry of Industry and Trade has the authority to require the suspension of mineral exports for enterprises found to violate the provisions of this Circular.

Article 2. Amend and supplement the appendix on the list and quality standards for exported minerals

The list of products and quality standards for exported minerals in Appendix 1 issued together with this Circular.

Article 3. Effectiveness

This Circular takes effect from August 20, 2016./.