Circular No. 18/2009/TT-BXD guiding the export of construction materials minerals

 CIRCULAR

Guidelines for Exporting Construction Materials Minerals

_______________________

WHEREAS, Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Construction;

BASED ON Decree No. 160/2005/ND-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law amending and supplementing certain articles of the Minerals Law;

BASED ON Decree No. 07/2009/ND-CP dated January 22, 2009 of the Government amending and supplementing some articles of Decree No. 160/2005/ND-CP dated December 27, 2005 of the Government detailing and guiding the implementation of the Minerals Law and the Law amending and supplementing certain articles of the Minerals Law;

BASED ON Decree No. 12/2006/ND-CP dated January 23, 2006 of the Government detailing the implementation of the Commercial Law regarding international trade activities and foreign trade agency activities;

BASED ON Decree No. 77/2007/ND-CP dated May 10, 2007 of the Government amending some articles of Decree No. 150/2004/ND-CP dated July 29, 2004 of the Government on administrative penalties in the field of minerals;

BASED ON Decision No. 152/2008/QĐ-TTg dated November 28, 2008 of the Prime Minister approving the planning for exploration, exploitation, processing, and utilization of construction materials minerals in Vietnam until 2020;

The Ministry of Construction guides the export of construction materials minerals as follows:

Section 1

SCOPE OF REGULATION AND APPLICABLE OBJECTS

Article 1. This Circular regulates activities related to the export of construction materials minerals, minerals used as raw materials for cement production, and ordinary construction materials minerals.

Article 2. This Circular applies to organizations and individuals within the country and foreign traders (hereinafter collectively referred to as organizations and individuals) who meet the conditions stipulated by commercial laws participating in the export of construction materials minerals in Vietnam.

Section 2

INTERPRETATION OF TERMS

Article 3. In this Circular, the following terms shall be understood as follows:

1. The competent state authority issuing Mining Licenses and Processing Licenses for construction materials minerals is the Ministry of Industry (before November 11, 2002), the Ministry of Natural Resources and Environment (from November 11, 2002), and the People's Committees of provinces and centrally administered cities (hereinafter referred to as provincial-level People's Committees).

2. Processing refers to the activity of sorting, enriching minerals, or other activities aimed at achieving specifications, standards, and contents that increase the value of minerals.

3. Restricted export minerals refer to minerals temporarily suspended from export.

4. Construction sand is natural sand from mines, rivers, streams (excluding silica sand, saline sand, artificial sand) used in construction for concrete pouring, wall building, plastering, road paving, and leveling, belonging to the list of ordinary construction materials minerals with SiO2 content less than 85%.

5. Construction stone is natural stone of igneous, sedimentary, and metamorphic origin listed in the ordinary construction materials minerals catalog, crushed, sieved, and classified according to size, used in construction for concrete pouring, wall building, and road paving.

Section 3

PROVISIONS ON THE EXPORT OF CONSTRUCTION MATERIALS MINERALS

Article 4. List of permitted and restricted export minerals

1. Permitted export minerals are those not included in the restricted export mineral list set forth in Clause 2 of this Article.

2. List of restricted export minerals:

a) Limestone and additives from mines within the planning for exploration, exploitation, and processing as raw materials for cement production according to Decision No. 105/2008/QĐ-TTg dated July 21, 2008 of the Prime Minister and from mines approved by the Prime Minister to be added to the planning;

b) Various types of clay;

c) Feldspar (Potash Feldspar);

d) Construction sand;

đ) Gravel, pebbles, and various types of gravel;

e) Construction stones from mines in the Southeast and Southwest regions.

Article 5. Conditions for mineral materials used in construction to be permitted for export

1. Minerals extracted from mines with valid exploitation permits or residual extraction permits issued by competent state authorities.

2. Minerals confiscated and auctioned by competent state authorities with legitimate purchase or auction certificates.

3. Saline sand extracted through dredging and channel clearance of rivers, river mouths, and coastal river ports adjacent to the sea, where the project has been approved by authorized authorities and confirmed that the amount of sand exported exceeds local demand.

4. In cases where minerals listed in the restricted export directory have export needs, the permission for export shall be decided by the Prime Minister.

5. In cases where minerals not listed in the restricted export directory affect domestic supply-demand balance at the time of export need, the temporary suspension of export shall be decided by the Prime Minister.

6. Temporary import, re-export, or import for processing and export, or import for processing on behalf of foreign traders shall be carried out in accordance with Decree No. 12/2006/NĐ-CP dated January 23, 2006, detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transit with foreign countries.

Article 6. Conditions for processing and quality standards for mineral materials used in construction for export (excluding temporarily imported and re-exported minerals)

Minerals must be processed and meet quality standards as prescribed in Appendix 1 of this Circular. The results of physical, chemical, and mechanical analysis tests of minerals must be confirmed by laboratories equivalent to LAS-XD or higher.

Article 7.Conditions for organizations and individuals exporting minerals

Organizations and individuals are permitted to export minerals when they satisfy the conditions stipulated by laws on trade.

Article 8. Export documentation for minerals includes:

1. Documentation as prescribed by laws on trade.

2. Test and analysis results as stipulated in Article 6 of this Circular.

3. Specific cases are defined as follows:

a) For organizations and individuals exporting minerals from their own exploitation and processing, they must have certified copies of valid mining and processing permits issued by competent state authorities.

b) For organizations and individuals purchasing processed minerals for export, they must have certified copies of valid mining and processing permits of the seller issued by competent state authorities up to the time of exploitation and processing.

c) For organizations and individuals purchasing minerals for processing and export, they must have certified copies of valid mining permits of the seller and mineral processing permits issued by competent state authorities as stipulated in point b of this clause.

d) For cases purchasing minerals as specified in points b and c of this clause, they must also provide economic contracts and certified copies of value-added tax invoices.

Section 4

REPORT ON THE EXPORT OF MINERALS USED IN CONSTRUCTION

Article 9.  Reporting System

1. Organizations and individuals exporting minerals must prepare reports to be submitted to the People's Committee of the province; the People's Committee of the province prepares reports to be submitted to the Ministry of Construction for consolidation and reporting to the Prime Minister.

2. Reports are prepared periodically every six months, annually, or ad hoc upon request of competent state authorities; semi-annual reports of organizations and individuals exporting minerals must be submitted to the People's Committee of the province no later than July 5th of each year, and annual reports no later than January 5th of the following year. Similarly, provincial People's Committees' reports must be submitted to the Ministry of Construction no later than July 15th of each year and January 15th of the following year.

3. The content of the report follows the model prescribed in Appendix 2 of this Circular.

Section 5

INSPECTION AND VIOLATION HANDLING

Article 10. The People's Committee of the province is responsible for directing relevant agencies to regularly or ad hoc inspect the export of minerals used in construction according to the law.

Article 11. The Ministry of Construction coordinates with related ministries and sectors to organize regular or ad hoc inspections of compliance with laws in the export activities of minerals used in construction in localities.

Article 12. Organizations and individuals violating the provisions of this Circular may be subject to disciplinary action, administrative penalties, compensation for damages, or criminal prosecution according to the law, depending on the severity and nature of the violation.

Chapter 6

IMPLEMENTATION

Article 13. This Circular takes effect 45 days from the date of signature and replaces the relevant contents concerning the export of minerals used in construction in Circular No. 02/2006/TT-BCN dated April 14, 2006, of the Ministry of Industry (now the Ministry of Industry and Trade) on guiding mineral exports.

Contracts meeting export conditions in force before this Circular takes effect shall continue to be implemented until completion.

Article 14. The People's Committee of the province shall take the lead, assign tasks to departments and sectors within the province to implement the contents of this Circular; require organizations and individuals exporting minerals used in construction to strictly comply with the provisions of this Circular and relevant current laws.

Article 15. The Ministry of Construction shall take the lead, coordinate with related ministries and sectors to direct and urge the implementation of mineral export activities used in construction in localities according to the contents of this Circular and relevant laws.

Article 16. Annually, based on the actual situation of exploitation, processing, domestic demand, and export of minerals used in construction, the Ministry of Construction will review, adjust, and supplement emerging issues as necessary.

Article 17. Any difficulties or new issues arising during implementation should be promptly reported in writing to the Ministry of Construction for consideration and resolution. /.\