Circular No. 51/2018/TT-BCT amending and supplementing certain Articles of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011, issued by the Minister of Industry and Trade and the Minister of Natural Resources and Environment on the management of import, export, and temporary import for re-export of ozone-depleting substances in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer.

CIRCULAR

Amending and supplementing certain provisions of the Joint Circular number 47/2011/TTLT-BCT-BTNMT dated December 30, 2011, issued by the Minister of Industry and Trade and the Minister of Natural Resources and Environment, regarding the management of import, export, and temporary import-re-export of ozone-depleting substances as prescribed in the Montreal Protocol on Substances that Deplete the Ozone Layer

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14 dated June 12, 2017;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

Implementing the Vienna Convention on the Protection of the Ozone Layer of 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer of 1987, and the amendments and supplements to the Montreal Protocol which have been approved for accession by the Socialist Republic of Vietnam;

At the proposal of the Director of the Import-Export Department,

The Minister of Industry and Trade issues this Circular to amend and supplement certain provisions of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011, issued by the Minister of Industry and Trade and the Minister of Natural Resources and Environment, concerning the management of import, export, and temporary import-re-export of ozone-depleting substances as prescribed in the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as Circular No. 47).

Article 1. Principles for managing the import of ozone-depleting substances

Clause 3, Article 2 of Circular No. 47 is amended and supplemented as follows:

"3. The management of the import of HCFC substances listed in Appendix I of Circular No. 47 shall be carried out according to the following principles:

a) The import of HCFC substances listed in Appendix I of Circular No. 47 shall be conducted based on the permit of the Ministry of Industry and Trade.

b) Based on the quota for importing HCFC substances specified in Article 3 of Circular No. 47, the report on the implementation of imports and the registration for imports in the following year by traders, the Ministry of Industry and Trade will consult with the Ministry of Natural Resources and Environment regarding the entities permitted to import and the methods of control.

c) Traders must report on the implementation of imports and register for imports in the following year before December each year."

Article 2. Procedures for issuing import permits for HCFC substances

Point a, Clause 2, Article 4 of Circular No. 47 is supplemented as follows:

"- An import registration form for HCFC substances according to the model prescribed in Appendix IIb of this Circular. Appendix IIb of this Circular replaces Appendix II of Circular No. 47"

Article 3. Procedures for temporary import and re-export of HCFC substances

Clause 1, Article 7 of Circular No. 47 is amended and supplemented as follows:
"The procedures for temporary import and re-export of HCFC substances shall be carried out in accordance with the provisions of Decree No. 69/2018/NĐ-CP dated May 15, 2018, of the Government detailing certain provisions of the Law on Management of Foreign Trade."

Article 8. Circular No. 47 is amended and supplemented as follows:

"Traders shall implement the reporting system on the import situation of HCFC substances according to the model prescribed in Appendix VIIb of this Circular to the Ministry of Industry and Trade as follows:

1. Report quarterly on the import of HCFC substances according to the import permit already issued and submit the report to the Ministry of Industry and Trade before the 5th day of the next quarter.

2. Report annually on the implementation of imports according to the issued permit, clearly stating the implementation of imports, expected implementation, and registration for imports in the following year. Submit the report to the Ministry of Industry and Trade before December each year.

Appendix VIIb of this Circular replaces Appendix VII of Circular No. 47. In case of necessity, traders shall report in writing to the Ministry of Industry and Trade on matters related to the import of HCFC substances as required."

Article 5. Effective Date

1. This Circular takes effect from February 4, 2019.

2. During the implementation of this Circular, if any difficulties arise, traders, organizations, or individuals concerned shall reflect them in writing to the Ministry of Industry and Trade for consideration and guidance.

Appendix IIb

APPLICATION FOR IMPORT REGISTRATION OF HCFC SUBSTANCES

(Annexed to Circular No. 51/2018/TT-BCT dated December 19, 2018 amending and supplementing certain provisions of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011, issued by the Minister of Industry and Trade and the Minister of Natural Resources and Environment)

                               Respectfully submitted to:           Ministry of Industry and Trade

            Name of trader ...

           Contact address: ...

           Telephone: ... Fax... E-mail...

On the basis of Circular No. .../2018/TT-BCT dated ... month ... year 2018 amending and supplementing certain provisions of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011, issued by the Minister of Industry and Trade and the Minister of Natural Resources and Environment, regulating the management of import, export, and temporary import-re-export of ozone-depleting substances as prescribed in the Montreal Protocol on Substances that Deplete the Ozone Layer, (name of trader) ... applies to import HCFC substances as follows:

          Substance name: ...

Estimated import quantity (kg) ...

Registered quantity (kg) ...

            Import contract number ... date ... month ... year ...

Exporting country: ...

            (Name of trader) ... hereby certifies that the information declared above is true and commits to comply with current laws.

Appendix VIIb

MODEL REPORT ON THE SITUATION OF IMPORTING HCFC SUBSTANCES

(Issued together with Circular No. 51/2018/TT-BCT dated December 19, 2018) amending and supplementing certain provisions of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011, issued by the Minister of Industry and Trade and the Minister of Natural Resources and Environment) 

REPORT

Situation of Importing HCFC Substances

To: Ministry of Industry and Trade;

Pursuant to Circular No. .../2018/TT-BCT dated ... of ... in 2018 amending and supplementing certain provisions of Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Natural Resources and Environment stipulating the management of import, export, and temporary import for re-export of ozone-depleting substances in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer, (name of trader) ... reports the implementation situation of importing HCFC substances in quarter .../20... or year 20... of the trader as follows:

(Name of trader) ... hereby certifies that the declarations above are accurate, and if incorrect, the trader shall bear full responsibility under the law.