Circular No. 45/2023/TT-BCT amends and supplements Circular No. 23/2021/TT-BCT dated December 15, 2021, issued by the Minister of Industry and Trade, concerning the list of types and quality standards of mineral products for export under the management of the Ministry of Industry and Trade.

CIRCULAR

Provincial People's Committees set specific pricesAmending and supplementing Circular No. 23/2021/TT-BCT dated December 15, 2021, issued by the Minister of Industry and Trade on the list of types and quality standards for mineral exports under the management of the Ministry of Industry and Trade.

Decree No. 96/2022/NĐ-CP dated November 29, 2022, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Decree No. 17/2020/NĐ-CP dated February 5, 2020, of the Government amending and supplementing certain articles of Decrees related to investment conditions in business activities under the management of the Ministry of Industry and Trade;

Decree No. 69/2018/ND-CP dated May 15, 2018, of the Government detailing certain Articles of the Law on Foreign Trade Management;

Upon the proposal of the Director of the Industry Department;

The Minister of Industry and Trade issues this Circular to amend and supplement Circular No. 23/2021/TT-BCT dated December 15, 2021, issued by the Minister of Industry and Trade on the list of types and quality standards for mineral exports under the management of the Ministry of Industry and Trade.

Article 1. Amend and supplement Circular No. 23/2021/TT-BCT dated December 15, 2021, issued by the Minister of Industry and Trade.

1. Amend and supplement Clause 4 as follows:

"Clause 4. List of types and quality standards for mineral exports

1. Exported minerals are legally sourced, have undergone processing, and are included in the list of types and meet the following quality standards:

a. For domestically-sourced exported minerals: The list of types and quality standards specified in Appendix 1 of this Circular.

b. For imported-source exported minerals:

b.1. In cases of processing goods (manufacturing) for foreign traders: The type and quality standards of the processed products shall be carried out according to the processing contract signed with the foreign trader. The processing contract must comply with the provisions of Clause 39 of Decree No. 69/2018/ND-CP dated May 15, 2018, of the Government detailing certain Articles of the Law on Foreign Trade Management.

b.2. In cases where minerals have been processed from imported sources other than those mentioned in b.1 above: The list of types and quality standards for such minerals are specified in Appendix 2 of this Circular.

2. Exporters of minerals as stipulated in Clause 1 of this Article may select Conformity Assessment Organizations in accordance with the provisions of Decree No. 107/2016/ND-CP dated July 1, 2016, of the Government on conditions for operating conformity assessment services, which has been amended and supplemented by Decree No. 154/2018/ND-CP dated November 9, 2018, of the Government on amending, supplementing, and abolishing certain regulations on investment and business conditions under the management of the Ministry of Science and Technology and certain inspection regulations for assessing the types and quality of exported minerals.

2. Amend and supplement Clause 5 as follows:

"Clause 5. Mineral export reports

1. Export plan report for imported-source exported minerals: Before implementing the import of minerals for processing and export, the trader must submit an export plan report for importing, processing, and exporting minerals according to the model at Appendix 3 of this Circular to the Ministry of Industry and Trade and the Department of Industry and Trade of the province or centrally-administered city (hereinafter referred to as the Department of Industry and Trade) where the trader operates mineral processing for export, not later than 30 days from the date of signing the mineral purchase contract with the foreign trader.

2. Mineral export implementation report

a. The trader prepares a quarterly report (when there is export activity) according to Model 01 in Appendix 4 and sends it to the Ministry of Industry and Trade (Industry Department), General Department of Customs, and the Department of Industry and Trade where the trader operates mineral processing no later than the 15th day of the first month of the next quarter.

b. The Department of Industry and Trade where the trader operates mineral processing from imported sources prepares a semi-annual and annual consolidated report according to Model 02 in Appendix 4 and sends it to the Ministry of Industry and Trade (Industry Department) no later than July 31 and January 31 each year.

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

4. Traders send reports to the Ministry of Industry and Trade and the Department of Industry and Trade through direct submission at the office, postal service, or via email of the Industry Department ([email protected]) or the registered transaction email of the Department of Industry and Trade.[email protected]or the transaction registration email of the Department of Industry and Trade.

3. Amend and supplement Article 6 as follows:

“Article 6. Management Responsibility

1. The People's Committee of the province shall organize supervision, inspection, and auditing of mineral export activities and mineral processing for export within its jurisdiction, coordinating with the Ministry of Industry and Trade in managing such export and processing activities.

2. Management of Mineral Exports with Imported Origin

a) The General Department of Customs shall coordinate with the Ministry of Industry and Trade (Industry Department) and the People's Committees of relevant provinces in providing information and controlling the importation of minerals, their processing, and the export of minerals with imported origin according to this Circular and laws on foreign trade management.

b) The Department of Industry and Trade where the trader has a processing facility located within the provincial territory shall take the lead in coordinating with related agencies to supervise and inspect the compliance of traders' processing and export activities for minerals with imported origin based on reports from the traders as stipulated in Clause 1, Point a, Clause 2, Article 5 of this Circular and relevant laws to ensure that processed and exported minerals with imported origin are lawful, have appropriate processing facilities or leased processing facilities suitable for the type of mineral, quality, and post-processing product recovery rate; promptly report to the Ministry of Industry and Trade and the People's Committee of the province to handle violations of reporting regulations, commercial fraud, and processing facilities not meeting legal requirements for imported minerals.

3. The Industry Department (Ministry of Industry and Trade) shall be responsible for leading and coordinating with relevant ministries, sectors, and localities to inspect and audit, within their authority, the implementation of regulations on mineral exports according to this Circular and related laws; address issues arising during the export of minerals.

4. Based on the actual situation of domestic mineral exploitation, processing, consumption, export, and government policies and directions for mineral exports at different periods, the Industry Department shall be responsible for reporting to the Minister of Industry and Trade for consideration and adjustment of this Circular when necessary.

Article 2. Amending and Supplementing the Appendices of Circular No. 23/2021/TT-BCT dated December 15, 2021 of the Minister of Industry and Trade

1. Amending and Supplementing Appendix 1

- Renaming Appendix 1 to "List of Types and Quality Standards for Domestic-Origin Minerals Exported"

- Updating the Harmonized System (HS) code according to Decree No. 26/2023/NĐ-CP dated May 31, 2023 of the Government on the Export Tariff, Preferential Import Tariff, List of Goods and Absolute, Mixed, and Non-quota Import Tariffs.

- Adding the accompanying mineral content (copper and cobalt) to the quality standards for refined nickel ore.

- Adding notes for certain minerals exported until the end of 2026, subject to review by the Ministry of Industry and Trade for export suitability in accordance with mineral export policies for each period as stipulated by the Law on Minerals.

2. Supplementing Appendix 2: List of Types and Quality Standards for Imported-Origin Minerals Exported.

3. Supplementing Appendix 3: Report on Implementation Plan for Importing, Processing, and Exporting Imported-Origin Minerals.

4. Amending and Supplementing Appendix 2: Moving Appendix 2 to Appendix 4 and amending and supplementing the content of periodic reports according to Model No. 1 and Model No. 2 in Appendix 4 issued together with this Circular.

In case disputes arise regarding the HS code of goods listed in Appendix 1 and Appendix 2 issued with this Circular, the Ministry of Finance shall be the authority deciding on the HS code of goods consistent with the List of Export and Import Goods of Vietnam. Based on the classification by the Ministry of Finance, the Ministry of Industry and Trade will consider amending and supplementing the HS code in the list issued with this Circular.

Article 3. Effectiveness

This Circular takes effect from February 15, 2024.