Circular No. 14/2013/TT-BCT on conditions for coal trading

CIRCULAR

Regulations on coal business conditions

 Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing 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. 59/2006/NĐ-CP dated June 12, 2006, issued by the Government detailing the implementation of the Commercial Law regarding goods and services prohibited, restricted, and subject to conditional business;

At the proposal of the Director General of the National Energy Agency;

The Minister of Industry and Trade issues this Circular stipulating coal business conditions as follows:

This Circular stipulates coal business conditions, including activities such as domestic purchase and sale, export, import, temporary import for re-export, transshipment, transportation, storage, and agency.

Article 2. Applicability

This Circular applies to state management agencies and enterprises engaged in coal trading activities within the territory of Vietnam.

Article 3. Explanation of Terms

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

1. Coal: includes all types of fossil coal and coal of fossil origin in their natural state or after processing.

2. Competent State Authority: refers to central-level state management agencies (Ministries) and People's Committees of provinces and centrally-administered cities (Provincial People's Committee).

a) Coal extracted or recovered from mines, mine points, waste dumps with valid mining permits or recovery permits issued by competent state authorities;

b) Legally imported coal;

c) Coal confiscated and auctioned by competent state authorities;

d) Coal processed according to investment certificates for coal processing at processing facilities that have direct coal purchase contracts with enterprises having coal sources specified in points a, b, and c of this Clause. Imported coal is considered legal when it has a customs declaration form for coal imports confirmed by the customs office at the port of entry (certified true copy as prescribed). For confiscated coal sources, the following documents must be provided: Sales invoice for confiscated assets, assets transferred to public funds, Warehouse dispatch note, Administrative penalty asset confiscation transfer record for auction (certified true copy as prescribed).

4. Coal Trading Activities: refer to the activities specified in Article 1.

1. Only enterprises are permitted to engage in coal business.

2. Enterprises engaging in coal business must be established and operate in accordance with the Enterprise Law, holding a business registration certificate that includes registration of coal business operations.

3. Depending on specific business activities, enterprises engaged in coal business must ensure the following conditions:

a) Ownership or lease of business premises, transportation equipment, loading and unloading equipment, warehouses, wharfs, weighing equipment for coal to meet technical requirements, safety conditions, environmental protection, and fire prevention and extinguishing as prescribed by current regulations.

b) Transportation equipment must be equipped with dust-proof, spill-proof covers to meet environmental protection requirements during transportation.

c) Locations and positions of coal loading and unloading ports and wharfs must comply with local port planning, have coal storage facilities, and loading and unloading equipment onto transportation vehicles ensuring safety, with measures to protect the environment.

d) Coal storage facilities, stations, and retail outlets must have separate compartments for different types of coal; their locations must comply with local construction planning, meeting current environmental, traffic safety requirements. For self-igniting coal, fire prevention and extinguishing measures and equipment must be inspected and approved by local fire prevention authorities.

e) Management staff, technical staff, and employees directly involved in buying and selling coal, and those providing coal business services must hold professional qualification certificates issued in accordance with current regulations.

4. Enterprises are only permitted to engage in business with legally sourced coal.

Article 5. Management Responsibilities

3. The Ministry of Industry and Trade has the authority to suspend coal trading activities of enterprises that violate the provisions of this Circular.

Article 6. Effectiveness

This Circular takes effect from September 1, 2013, and replaces Circular No. 04/2007/TT-BCT dated October 22, 2007, issued by the Ministry of Industry and Trade guiding the conditions for coal trading.

Article 7. Implementation Organization

State management agencies and enterprises involved in coal business activities are responsible for implementing this Circular. Any difficulties encountered during implementation should be promptly reported in writing to the Ministry of Industry and Trade for consideration and resolution./.