Circular No. 15/2013/TT-BCT stipulates regulations on coal exports applicable to state management agencies and enterprises involved in such activities. This circular sets out coal quality standards, export conditions, customs clearance procedures, management responsibilities, and penalties for violations.
적용 범위
State management agencies and enterprises engaged in coal export activities within the territory of Vietnam.
핵심 사항
- Enterprises are only permitted to export coal when they meet quality standards, lawful origin, and other regulations as directed by the Government.
- When processing customs clearance procedures, enterprises must present analysis certificates and documentation proving the lawful origin of the coal.
- If there is suspicion that a shipment does not meet quality standards, Customs has the right to inspect and penalize enterprises if they violate.
- Enterprises must report periodically on the results of coal exports and compliance with regulations.
- The General Department of Energy is responsible for managing and amending this Circular as necessary.
🌐 이 문서의 사회적 영향
- Positive impact: Ensuring the quality of exported coal, strengthening state management over coal export activities.
- Negative impact: Testing costs for enterprises may increase if shipments are suspected of not meeting standards.
❓ 자주 묻는 질문
What conditions must enterprises meet to be allowed to export coal?
Enterprises must meet quality standards, lawful origin, and other regulations as directed by the Government (Article 4).
What documents must enterprises present when processing customs clearance procedures?
Enterprises must present analysis certificates and documentation proving the lawful origin of the coal (Article 5).
If there is suspicion that a shipment does not meet quality standards, what actions can Customs take?
Customs has the right to clear the shipment and issue a Record, while taking samples for inspection. If the inspection confirms the suspicion, enterprises will face administrative penalties and testing costs (Article 5).
How must enterprises report on their coal exports?
Enterprises must report every six months on the results of implementation, turnover, and compliance with regulations (Article 6).
What responsibilities does the General Department of Energy have in managing coal exports?
The General Department of Energy is responsible for coordinating with relevant ministries, sectors, and localities to monitor compliance with the provisions of this Circular (Article 7).
전문
CIRCULAR
Regulations on Coal Export
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. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding activities of buying, selling, processing, and transiting goods with foreign countries;
Implementing Decision No. 2427/QĐ-TTg dated December 22, 2011 of the Prime Minister approving the Mineral Strategy until 2020, vision until 2030;
At the proposal of the Director General of the National Energy Agency;
The Minister of Industry and Trade issues this Circular regulating coal export as follows:
Article 1. Scope of Regulation
1. This Circular stipulates the list, quality standards of coal, and conditions for coal export.
2. Coal export under the temporary import-re-export method or receiving processing of coal from foreign enterprises for export purposes is not within the scope regulated by this Circular and shall be implemented according 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 agency purchase-sale, processing, and transiting goods with foreign countries.
Article 2. Applicability
This Circular applies to state management agencies and enterprises engaged in coal export activities within the territory of Vietnam.
Article 3. Explanation of Terms
In this Circular, the following terms shall be understood as follows:
1. VILAS Standard: Is the standard of the Vietnam Laboratory Accreditation System (Vietnam Laboratory Accreditation Scheme).
2. Competent State Authority: Are central state management agencies (Ministries) and People's Committees of provinces and centrally-administered cities (Provincial People's Committee).
Article 4. Conditions for Coal Export
a) It has been processed and meets the quality standards or is equivalent to the quality standards specified in Appendix I attached to this Circular.
b) It has a legal origin as prescribed in Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade on business conditions for coal.
c) Other provisions (if any) according to the Government's directives on import and export activities during specific periods.
1. When handling export procedures for coal, enterprises, in addition to customs documents, must present the following documents:
a) A sample analysis certificate confirming the compliance of the export coal lot with the standards and quality, issued by a laboratory accredited with the VILAS standard.
b) Documentation proving the legal origin of the exported coal.
2. Documentation proving the legal origin of the exported coal includes:
b) For coal processing enterprises: Investment certificate for the coal processing facility and a purchase contract for legally sourced coal for processing.
c) For trading enterprises engaged in coal import and export: A sales contract accompanied by a copy of the value-added tax invoice or a consignment export contract signed with the enterprise mentioned in point a or point b of this clause; or valid documentation purchasing coal confiscated or auctioned by the competent state authority.
3. When handling clearance procedures, if there is a basis to suspect that the exported coal lot does not meet the quality standards as prescribed in this Circular, the customs office at the border gate has the right to allow clearance while conducting an inspection and taking samples for testing. The inspection will be carried out by a laboratory accredited with the VILAS standard. If the test results confirm the suspicion, the exporting enterprise will be subject to administrative penalties according to current regulations and bear the testing costs. If the test results show that the lot meets the quality standards as prescribed, the testing costs will be borne by the customs office at the border gate.
Article 6. Report on Coal Export
1. Contents of the report on coal export:
a) Results of implementation regarding types, volume, value of coal exported, origin of exported coal.
b) Situation of compliance with regulations on coal export.
2. Reporting System:
Enterprises exporting coal have the responsibility to periodically submit reports every six months (at the beginning of each quarter I and III annually). The reports shall be sent to the Ministry of Industry and Trade and the Department of Industry and Trade, Department of Natural Resources and Environment where the enterprise carries out coal export activities.
3. Enterprises exporting coal are responsible for the accuracy and honesty of the data and information in the report.
4. When competent state agencies request urgent reports on the situation of coal export for management purposes, enterprises exporting coal must fulfill such requests.
1. The General Department of Energy (Ministry of Industry and Trade) is responsible for leading and coordinating with relevant ministries, sectors, and localities to periodically inspect compliance with the provisions of this Circular and related laws.
2. Based on the actual situation of coal mining, processing, refining, and trading activities, the General Department of Energy has the responsibility to report to the Ministry of Industry and Trade to consider amending and supplementing this Circular when necessary.
Article 8. Effective Date
This Circular takes effect from September 1, 2013, and replaces Circular No. 05/2007/TT-BCT dated October 22, 2007, of the Ministry of Industry and Trade guiding coal export.
Article 9. Implementation Organization
1. Based on domestic demand for use and the capacity for coal mining and processing, the Ministry of Industry and Trade will review and adjust the list, conditions, and quality standards of coal permitted for export to be appropriate.
2. Valid coal export contracts (according to Circular No. 05/2007/TT-BCT dated October 22, 2007, of the Ministry of Industry and Trade guiding coal export) signed before the effective date of this Circular shall continue to be implemented until their expiration date.
3. The Ministry of Industry and Trade has the right to require the cessation of coal export activities by enterprises violating the provisions of this Circular.
4. State management agencies and enterprises involved in coal export activities are responsible for implementing this Circular. In case of difficulties during implementation, agencies and enterprises shall promptly reflect in writing to the Ministry of Industry and Trade for consideration and resolution./.
DEPUTY MINISTER
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