Circular No. 23/2021/TT-BCT stipulates the List of types and quality standards for exported minerals

✦ Tóm lược thông minh

Circular No. 23/2021/TT-BTC stipulates the export of minerals, including a list of mineral types permitted for export and a sample export report for minerals. This circular requires traders to provide detailed information on the volume, value, and export market for each type of mineral.

Đối tượng áp dụng

Enterprises engaged in mining, processing, and exporting minerals in Vietnam

Các điểm cốt lõi

List of mineral types permitted for export
Requirement for detailed reporting on the volume, value, and export market for each type of mineral
Guidelines for filling out the mineral export report for traders and provincial People's Committees.
Deadline for submitting reports: first quarter and second quarter of the year.
For mines with exploitation permits issued before December 31, 2021, only permitted to export until the end of 2026.

🌐 Tác động xã hội từ văn bản này

To strictly manage the export of minerals
To ensure the source of mineral resources for domestic economic-social development

❓ Câu hỏi thường gặp

Which types of minerals are allowed to be exported?

According to the Circular, mineral types such as titanium ore, zircon, refined nickel concentrate, total oxides and hydroxides, rare earth salts, fluorite ore, barite powder, white marble, graphite ore, mica powder, and diatomite are permitted for export.

What information must traders provide when reporting?

Traders must provide information on the export volume (tons or cubic meters), average unit selling price (USD), total value (converted to USD), product origin, export market, and related legal documents.

What contents must the provincial People's Committee report?

The provincial People's Committee must report on the situation of mineral exploitation and processing within their jurisdiction; the export volume for six months or the whole year; the tax payable and paid for export during the period; compliance with laws on mineral exports.

Toàn văn

MINISTRY OF INDUSTRY AND TRADE

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

Number: 23/2021/TT-BCT

Hanoi, December 15, 2021

CIRCULAR

stipulating the list of types, quality standards for mineral products for export under the management of the Ministry of Industry and Trade
Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

__________

WHEREAS Pursuant to Decree No. 17/2020/ND-CP dated February 5, 2020 of the Government amending and supplementing certain articles of decrees related to business conditions within the scope of management of the Ministry of Industry and Trade;The Minister of Industry and Trade promulgates this Circular stipulating the list of types, quality standards for mineral products for export under the management of the Ministry of Industry and Trade. This Circular stipulates the list of types, quality standards for mineral products for export for mineral types managed by the Ministry of Industry and Trade (excluding construction materials and coal) in accordance with the laws on minerals.

This Circular applies to state administrative agencies and traders involved in mineral exports.

Upon the proposal of the Director of the Industry Department;

1. Mineral processing

Article 1. Scope of Regulation

is the process of applying individual methods or combining methods (hand picking, washing, crushing-sieving classification by particle size; calcining, drying, sawing, cutting, gravity separation, magnetic separation, electrostatic separation, chemical separation, hydrometallurgy; metallurgical processes or other methods) to change the form and properties of raw minerals to produce one or more products in the form of: concentrate, metal, alloy, chemical compound, industrial mineral products with specifications and properties suitable for use, having higher value and commercial value than raw minerals.

Article 2. Applicability

2. Concentrate

Article 3. Explanation of Terms

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

(also known as refined ore) is the product from the mineral processing process, without changing the chemical structure of the compounds in raw minerals but increasing the content of useful minerals or mineral substances in raw minerals to meet the specifications and quality standards required for subsequent processing.

3. Legally sourced minerals are minerals specified in Article 14 of Decree No. 17/2020/ND-CP dated February 5, 2020 of the Government. Article 4. List of Types and Quality Standards for Mineral Products for Export 1. Mineral products for export are legally sourced minerals listed in the list of types and meeting the corresponding quality standards set out in Appendix 1 of this Circular.

2. Traders exporting mineral products as stipulated in Clause 1 of this Article may choose conformity assessment organizations in accordance with Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government on business conditions for conformity assessment services and Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government amending and supplementing certain provisions on investment and business conditions within the scope of management of the Ministry of Science and Technology and certain provisions on specialized inspection to assess the type and quality of mineral products for export. Article 5. Report on Implementation of Mineral Exports

1. Content of the report on implementation of mineral exports according to Model No. 01 and Model No. 02 at Appendix 2 attached to this Circular.

2. Reporting on mineral exports shall be carried out as follows:

a) Traders prepare periodic quarterly reports (if there is export activity) according to Model No. 01 at Appendix 2 and send them to the Ministry of Industry and Trade (Industrial Department), Provincial Department of Industry and Trade, Provincial Customs Office where the trader has its main office no later than the 15th day of the first month of the next quarter.

2. Reporting on mineral exports shall be carried out as follows:

b) Provincial Department of Industry and Trade (or specialized agency assigned by the provincial People's Committee) where the mineral exporting trader is located prepares consolidated reports every six months and annually according to Model No. 02 at Appendix 2 and sends them to the Ministry of Industry and Trade (Industrial Department) no later than July 31 and January 31 each year.

4. Submission of reports to the Ministry of Industry and Trade shall be made either by direct delivery to the Ministry's reception or by mail to the Ministry of Industry and Trade or via email address: [email protected].

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.

2. Based on the actual situation of mineral extraction, processing, consumption in the country, exports, and export policies and directions of the Party and Government in each period, the Industrial Department is responsible for reporting to the Minister of Industry and Trade for consideration and adjustment of this Circular when necessary.

1. This Circular takes effect from February 1, 2022, and replaces Circular No. 41/2012/TT-BCT dated December 21, 2012 of the Minister of Industry and Trade on mineral exports, and Circular No. 12/2016/TT-BCT dated July 5, 2016 on amending certain articles of Circular No. 41/2012/TT-BCT dated December 21, 2012 of the Minister of Industry and Trade.

3. When competent authorities require an urgent report for management purposes, the trader shall be responsible for reporting as required.

2. Abolish Article 5 of Circular No. 13/2020/TT-BCT dated June 18, 2020 of the Minister of Industry and Trade on amending, supplementing, and abolishing certain provisions on business conditions within the scope of management of the Ministry of Industry and Trade, and Article 5 of Circular No. 41/2019/TT-BCT dated December 16, 2019 of the Minister of Industry and Trade on supplementing detailed lists according to HS codes of exported and imported goods specified in some Circulars of the Ministry of Industry and Trade.

3. When competent authorities require an urgent report for management purposes, the trader shall be responsible for reporting as required.

Article 6. Management Responsibility

3. In cases where the provisions referred to in other regulatory documents are abolished, amended, or replaced, they shall be implemented in accordance with the provisions of the abolishing, amending, or replacing documents.

State administrative agencies and traders involved in mineral exports 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./.

Article 7. Effective Date

LIST OF TYPES AND QUALITY STANDARDS FOR MINERAL PRODUCTS FOR EXPORT

/2021/TT-BCT dated

2021 of the Minister of Industry and Trade

Article 8. Implementation organization

List of Types of Minerals

DEPUTY MINISTER
DEPUTY MINISTER

Do Thang Hai

ANNEX 1

Quality Standards
(Annexed to Circular No. 23Titanium Ore 15 the 12 Zircon PowderZrOg)

No.	HS Code	particle size less than 75 μm	≥ 65%, particle size 75 μm	Remarks
1		Reduced Ilmenite
	2615.10.00.20	TiO	ZrO₂ ≥ 65%, particle size smaller than 75 μm
	2615.10.00.90	TiO	ZrO₂ ≥ 65%, particle size equal to 75 μm
	2823.00.00.40	Reduced ilmenite	TiO₂ ≥ 56%, FeO ≤ 9%, Fe ≤ 27%	Export until the end of 2026
	2823.00.00.10	Type 1 titanium slag	TiO₂ ≥ 85%, FeO ≤ 10%
	2823.00.00.20	Type 2 titanium slag	85% > TiO₂ ≥ 70%, FeO ≤ 10%
	2614.00.90.10	Rutile concentrate	83% ≤ TiO₂ ≤ 87%
	2823.00.00.30	Rutile concentrate	TiO₂ greater than 87%
	2612.20.00.90	Monazite concentrate	REO ≥ 57%
2	2617.90.00.90	Bismuth concentrate	Bi ≥ 70%
3		Oreinickel
	2604.00.00.90	Nickel concentrate	Ni ≥ 7.5%	Export until the end of 2026
4	2530.90.90.90	Total rare earth oxides, hydroxides, and salts	TREO ≥ 95%
5		Ore ffluorspariorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.
	2614.00.90.10	Fluorite concentrate	90% ≤ CaF₂ ≤ 97%
	2823.00.00.30	Fluorite concentrate	CaF₂ greater than 97%
6	2511.1000	Barite powder	BaSO₄ ≥ 90%, particle size less than 1mm
7		White marble
	2517.41.00.10	Powder form	Particle size ≤ 0.125mm, whiteness ≥ 85%
	2517.41.00.20	Powder form	Particle size 0.125mm < size < 1mm, whiteness ≥ 85%
	2517.41.00.30	Block form	Block size from 1-400mm, whiteness > 95%	Export until the end of 2026
	2517.41.00.30	Block form	Block size from 1-400mm, whiteness < 92%
8		Graphite ore		Export until the end of 2026
	2504.10.00	Graphite concentrate in powder or flake form	C ≥ 90%
	2504.90.00	Graphite concentrate in other forms	C ≥ 90%
9	2525.20.00	Fine (muscovite mica)iSiO	≥ 44%, Al₂ > 30%, impurities ≤ 2%, particle size less than 900 μm₂O₃ Diatomaceous earth (silica fossil) concentrate ≥ 63%, Al
10	2512.00.00	≤ 17%, particle size less than 0.3mm	≥ 44%, Al₂ Mining concessions granted by competent authorities before December 31, 2021 are valid for export until the end of 2026.₂O₃ Template for traders	EXPORT REPORT FORM FOR MINERALS

(Annexed to Circular No. 23/2021/TT-BCT dated

ANNEX 2

2021 issued by the Minister of Industry and Trade)
Number 01. REPORT ON IMPLEMENTATION OF MINERAL EXPORTS IN THE QUARTER ... YEAR ... 15 the 12 (Attached to Report ...

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSnumber ... …..

date...month... Type of mineral exported, quality ……….year ……..of …………………)

No.	HS CODEof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsQuantity exported during the period (tons, m	Average unit price (USD)	Total value (converted to USD)³)			Export products	Export market	Legal documentsứ Quarter I (Q	III)	Quarter II (Q
No.		Average unit price (USD)	IV)intention Total 6 months	Content of the report attached to Model No. 01, including:	1. Information about the trader: Trader's name, headquarters address, contact phone number, director.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1
2
3

I. 2. Situation of mining and processing (if the trader directly exports minerals or acts as an agent for export):FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS- Mining permits: List all mining permits related to the origin of exported minerals.

1- Mining capacity, ore dressing, production (by product)."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."3. Quantity exported during the reporting period (details according to Model No. 01 attached).No. 4. Export situation during the reporting period.

- Export tax payable, amount of tax paid during the period.i- Export situation.June 2024;- Difficulties, issues, recommendations.

II. Instructions for filling out Model No. 01policies - Column (2) records the type of mineral and its export quality.policies- Column (3) records according to the HS code for export at the Customs Declaration.

- Column (8) records the export value converted to US dollars (USD) at the time of export.development- Column (9) records the origin of goods based on the source of exported minerals.policies - Column (2) records the type of mineral and its export quality.policies- Column (10) Legal documents: Only record the export permit for cases not included in the list of minerals for export under the Circular.

Template for provincial People's CommitteeFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSModel No. 02. REPORT ON IMPLEMENTATION OF MINERAL EXPORTS IN 6 MONTHS YEAR...

in the province: ...

- The Office of Legal Document Supervision (Ministry of Justice);No. number ...

of the Provincial People's Committee ...

Name of exporting enterprise

Quantity (tons)rime Minister cn chof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsValue (USD)

Origin of goods

Export market đFirst half of the year° Cumulative for the whole year.

TraderJune 2024;Trader A

KTCBJune 2024;Trader B

Trader C

Total (by each mineral product)

date...Titanium slag./……….. Type of mineral exported, quality ….. year …….Zircon………..)

No.	I. Content of the report attached to Model No. 02, including:	1. Situation of mining and processing minerals in the province	- Total number of valid mining permits related to exported minerals, mining capacity, ore dressing; production capacity of processing plants.	HS Code	- Production volume, ore dressing, processing (by product) achieved during the period. Consumption and inventory of minerals.		- Demand for minerals (ore, concentrate) for processing projects invested in the province.	2. Quantity exported in 6 months or the whole year according to Model No. 02.	3. Export situation during the periodThis Resolution takes effect from the date it is adopted by the National Assembly.- Export tax payable, amount of tax paid during the period.	Quarter II (Q
No.				HS Code	- Mineral export situation, existing problems, issues.	4. Compliance with laws on mineral exports.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
I	Model No. 02
1	- Column (3) Records according to the form of the exporting trader: Self-mining and processing (KTCB); Processing from other sources (CB), Entrusted (UT), Trading (TM), Processing from imported sources (GC), Temporary import for re-export (TNTX), Temporary export for re-import (TXTN), others (K).	- The remaining columns are filled out according to the instructions for Model No. 01.
1	Trader B	TM
2	Trader C	……….
II	Total (by each type of mineral product)
1	Titanium slag
2	Zircon
3	………………

I. Contents of the report attached to Form MFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSrom 202No. 02, including:

1. Situation of mining and processing of minerals in the province

- Total number of valid mining licenses related to export minerals, mining capacity, ore beneficiation capacity; production capacity of processing plants.

- Production volume of mining, ore beneficiation, and processing (by each product) achieved during the period. Consumption situation, inventory of minerals.

- Demand forJune 2024;minerals (ore, concentrate) for processing projects đinvested in the province.

2. Volume of mineral exportsrime Minister c6 organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.or the whole year according to Form MFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSrom 202No. 02.

3. Export situation during the period

- Amount of export tax payable, taxes paid during the period.No. - Mineral export situation, existing issues, obstacles.

4. Compliance with laws on mineral exports.

Form number 02

Type of exporting traderFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS- Column (3) Record in the form of exporter traders: Self-mining and processing (KTCB); Processing from other sources (CB), Entrusted (UT), Trade (TM), Processing from imported sources (GC), Temporary import for re-export (TNTX), Temporary export for re-import (TXTN), others (K).

- Other columns record according to the instructions at Formonumber 01.

- The remaining columns are filled out in accordance with the instructions at Appendix M number 01.FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSu number 01.

THE MINISTER

(Signed)

Nguyen Hong Dien