Circular stipulates the activities of coal trading in Vietnam, including domestic sales, exports, imports, and other transportation methods. This document applies to state management agencies and enterprises related to these activities.
Scope of application
State management agencies and enterprises engaged in coal trading activities on Vietnamese territory
Key points
- Enterprises must comply with the conditions for coal trading as specified in this document.
- The Oil and Gas Department (Ministry of Industry and Trade) shall be responsible for inspecting compliance with the provisions of this Circular and has the authority to require enterprises violating these provisions to cease operations.
- This Circular takes effect from September 1, 2013, replacing Circular No. 04/2007/TT-BCT.
- Coal includes all types of fossil coal and coal of fossil origin in their raw or processed form.
- Competent state agencies are central-level state management agencies (ministries) and People's Committees of provinces and centrally-administered cities.
🌐 Social impact of this document
- Enterprises engaged in coal trading must strictly adhere to the conditions for trading.
- Inspection and supervision of coal trading activities will be strengthened to ensure safety and efficiency in this industry.
- State management agencies have additional powers to handle violations in the field of coal trading.
❓ Frequently asked questions
Circular No. 63/VBHN-BCT stipulates what conditions for coal trading activities?
This Circular specifies specific conditions for domestic sales, exports, imports, and transportation of coal.
Which agency is responsible for inspecting compliance with Circular No. 63/VBHN-BCT?
The Oil and Gas Department (Ministry of Industry and Trade) shall lead the inspection of compliance with the provisions of this Circular.
When does this Circular take effect?
Circular No. 63/VBHN-BCT takes effect from September 1, 2013.
Full text
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MINISTRY OF INDUSTRY AND TRADE |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 63/VBHN-BCT |
Hanoi, August 28, 2020 |
CIRCULAR
REGULATIONS ON COAL TRADING ACTIVITIES[1]
Circular No. 14/2013/TT-BCT dated July 15, 2013, issued by the Minister of Industry and Trade on conditions for coal trading, which took effect from September 1, 2013, has been amended and supplemented by:
1. Circular No. 27/2016/TT-BCT dated December 5, 2016, issued by the Minister of Industry and Trade to amend and supplement certain legal documents regulating investment and business conditions in some sectors under the management of the Ministry of Industry and Trade, which took effect from January 20, 2017;
2. Circular No. 13/2020/TT-BCT dated June 18, 2020, issued by the Minister of Industry and Trade to amend and supplement certain regulations on investment and business conditions in sectors under the management of the Ministry of Industry and Trade, which took effect from August 3, 2020.
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. 59/2006/NĐ-CP dated June 12, 2006, issued by the Government detailing the implementation of the Commercial Law regarding goods and services prohibited, restricted, and subject to conditional business;
At the proposal of the General Director of the Energy Administration,
The Minister of Industry and Trade issues this Circular on coal trading activities as follows[2]:
Article 1. Scope of Regulation
[3]This Circular regulates coal trading activities, including domestic purchase and sale, export, import, temporary import for re-export, transshipment, transportation, storage, and agency.
Article 2. Applicability
This Circular applies to state management agencies and enterprises engaged in coal trading activities within the territory of Vietnam.
Article 3. Explanation of Terms
In this Circular, the following terms shall be understood as follows:
1. Coal: includes all types of fossil coal and coal of fossil origin in their natural state or after processing.
2. Competent State Authority: refers to central-level state management agencies (Ministries) and People's Committees of provinces and centrally-administered cities (Provincial People's Committee).
3.[4] (Repealed)
4. Coal Trading Activities: refer to the activities specified in Article 1.
Article 4.
[5](Repealed)
Article 5. Management Responsibilities
1.[6] The Oil and Gas Department (Ministry of Industry and Trade) is responsible for coordinating with relevant Ministries, sectors, and localities to periodically inspect compliance with the provisions of this Circular and related laws.
2.[7] Based on the actual situation of coal extraction, processing, and trading activities, the Oil and Gas Department shall report to the Minister of Industry and Trade to consider amending and supplementing this Circular when necessary.
3. The Ministry of Industry and Trade has the authority to suspend coal trading activities of enterprises that violate the provisions of this Circular.
Article 6. Effectiveness
[8]This Circular takes effect from September 1, 2013, and replaces Circular No. 04/2007/TT-BCT dated October 22, 2007, issued by the Ministry of Industry and Trade guiding the conditions for coal trading.
Article 7. Implementation Organization
State management agencies and enterprises engaged in coal trading activities are responsible for implementing this Circular. In case of difficulties during implementation, they should promptly reflect in writing to the Ministry of Industry and Trade for consideration and resolution. /.
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CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER |
[1] The name of this Circular has been amended according to Clause 1, Article 6 of Circular No. 13/2020/TT-BCT amending, supplementing, and abolishing certain regulations on investment and business conditions in sectors under the management of the Ministry of Industry and Trade, which took effect from August 3, 2020.
[2] Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain legal documents regulating investment and business conditions in some sectors under the management of the Ministry of Industry and Trade was based on the following:
"Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
On the basis of the Investment Law dated November 26, 2014;
Pursuant to Decree No. 77/2016/NĐ-CP dated July 1, 2016, issued by the Government on conditions for investment and business in international trade of goods, industrial explosives, fertilizers, gas trading, and foodstuffs under the management of the Ministry of Industry and Trade;
At the proposal of the Legal Affairs Department,
Circular No. 13/2020/TT-BCT amending, supplementing, and abolishing certain regulations on investment and business conditions in sectors under the management of the Ministry of Industry and Trade was based on the following:
"Pursuant to Decree No. 98/2017/NĐ-CP dated November 27, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 17/2020/NĐ-CP dated February 5, 2020, issued by the Government amending and supplementing certain articles of decrees related to investment and business conditions in sectors under the management of the Ministry of Industry and Trade;
At the proposal of the Legal Affairs Department,
[3] This provision has been amended according to Clause 2, Article 6 of Circular No. 13/2020/TT-BCT amending, supplementing, and abolishing certain regulations on investment and business conditions in sectors under the management of the Ministry of Industry and Trade, which took effect from August 3, 2020.
[4] This clause has been abolished according to Clause 4, Article 6 of Circular No. 13/2020/TT-BCT amending, supplementing, and abolishing certain regulations on investment and business conditions in sectors under the management of the Ministry of Industry and Trade, which took effect from August 3, 2020.
[5] This provision has been abolished according to Clause 1, Article 1 of Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain legal documents regulating investment and business conditions in some sectors under the management of the Ministry of Industry and Trade, which took effect from January 20, 2017.
[6] This clause has been amended according to Clause 3, Article 6 of Circular No. 13/2020/TT-BCT amending, supplementing, and abolishing certain regulations on investment and business conditions in sectors under the management of the Ministry of Industry and Trade, which took effect from August 3, 2020.
[7] This clause has been amended according to Clause 3, Article 6 of Circular No. 13/2020/TT-BCT amending, supplementing, and abolishing certain regulations on investment and business conditions in sectors under the management of the Ministry of Industry and Trade, which took effect from August 3, 2020.
[8] Article 20 of Circular No. 27/2016/TT-BCT amending, supplementing, and abolishing certain legal documents regulating investment and business conditions in some sectors under the management of the Ministry of Industry and Trade, which took effect from January 20, 2017, provides as follows:
“Article 20. Effective Date
1. This Circular takes effect from January 20, 2017.
2. Units under the Ministry and related organizations and individuals are responsible for implementing this Circular.”.
Article 10 of Circular No. 13/2020/TT-BCT amending, supplementing, and abolishing certain provisions on investment and business conditions within the sector under the management of the Ministry of Industry and Trade is stipulated as follows:
"Article 10. Effective Date
1. This Circular takes effect from August 3, 2020.
2. Units under the Ministry and related organizations and individuals are responsible for implementing this Circular.
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