THE MINISTRY OF CONSTRUCTION
Circular No. 04/2012/TT-BXD of September 20, 2012, guiding the export of minerals for use as building materials
Pursuant to the Government’s Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No. 15/2012/ND-CP of March 9, 2012, detailing a number of articles of the Law on Minerals;
Pursuant to the Prime Minister’s Decision No. 105/2008/QD-TTg of July 21, 2008, approving the master plan on exploration, exploitation and use of minerals for use as materials for cement production in Vietnam through 2020;
Pursuant to the Prime Minister’s Decision No. 152/2008/QD-TTg of November 28, 2008, approving the master plan on exploration, exploration and use of minerals for use as building materials in Vietnam through 2020;
At the proposal of the director of the Department of Building Materials;
The Minister of Construction promulgates this Circular to guide the export of minerals for use as building materials.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular guides activities related to the export of minerals for use as building materials, materials for cement production, or for use as common building materials (below collectively referred to as minerals for use as building materials).
2. This Circular applies to domestic and foreign organizations and individuals that, under the commercial law, are qualified for exporting materials for use as building materials from Vietnam (excluding cases of bringing materials for use as raw materials from inland Vietnam into non-tariff zones to build, repair or maintain structures of works in these zones).
Article 2. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. State management agencies competent to grant mineral mining licenses are the agencies specified in Article 82 of Law No. 60/2010/QH12 on Minerals.
2. Mineral processing means the process of sorting and enriching minerals or other activities aiming to achieve certain criteria of materials or products for various use purposes.
3. Building sand is natural sand from mines, rivers and streams of a SiO2 content < 85% (excluding white silica sand and salted sand) on the list of minerals for use as common building materials and sand ground from stone for use in construction.
4. Building stone is natural stone on the list of minerals for use as common building materials which is broken, ground and classified by size for making concrete or building embankments, foundations, walls and roads.
5. Stone block is natural stone of a volume of 0.5 m3 or more, not yet been processed into finished products.
Chapter II
PROVISIONS ON EXPORT OF MINERALS FOR USE AS BUILDING MATERIALS
Article 3. List of minerals permitted for export
1. Minerals permitted for export are those specified in Appendix 1 to this Circular.
2. When there arises a need to export a mineral outside the list of those permitted for export, the Ministry of Construction shall report such to the Prime Minister for decision.
Article 4. Conditions on minerals for use as building materials permitted for export
1. Minerals on the list of those permitted for export must meet the conditions specified in Appendix 1 to this Circular and not on the list of minerals for use as building materials banned from export provided in Appendix 2 to this Circular (excluding minerals temporarily imported for re-export).
2. Minerals must be of the following origin:
a/ Minerals exploited from mines with mining licenses issued by competent state management agencies which remain valid at the time of exploitation.
b/ Minerals confiscated and sold by competent state management agencies with valid purchase or auction documents.
c/ Minerals temporarily imported for re-export or imported for export processing in accordance with the Commercial Law and its guiding documents. In this case, enterprises shall obtain import declarations to prove that the minerals processed for export are produced from imported materials.
Article 5. A mineral export dossier comprises
1. A goods export dossier as provided by the Customs Law.
2. Results of testing and analysis of mechanical, physical and chemical criteria of minerals as provided in Appendix 1 to this Circular, certified by LAS-XD or equivalent laboratories (except walling stones, roofing slates and combustible shale).
3. Documents proving the origin of minerals as follows:
a/ For enterprises exploiting and processing minerals by themselves or exploiting, processing and exporting minerals under authorization: Notarized copies of the mineral mining license and investment certificate of the mineral processing project. For miners without processing plants, investment certificates of processors hired to process minerals and mineral processing contracts are required.
b/ For enterprises purchasing minerals for export processing: Notarized copies of the mineral mining license, value-added tax invoices, and investment certificates of the sellers’ mineral processing projects.
c/ For enterprises which have made business registration for mineral export purchases processed minerals for export: Sale and purchase contracts, notarized copies of mineral mining licenses, value-added tax invoices, and investment certificates of the sellers’ mineral processing projects.
d/ For enterprises importing minerals for export processing: Import declarations proving that minerals processed for export are produced from imported materials.
Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 6. Reporting on the export of minerals for use as building materials
1. Mineral exporters shall make and send reports to provincial-level People’s Committees according to the form provided in Appendix 3 to this Circular, not translated, before January 15 every year. Provincial-level People’s Committees shall make and send reports to the Ministry of Construction before January 30 every year for summarization and reporting to the Prime Minister. Reports shall be made annually for the period from January 1 through December 31 of the reporting year.
2. Apart from complying with the prescribed reporting regime, exporters shall make extraordinary reports on the export of minerals at the request of relevant state management agencies for management purposes.
Article 7. Inspection and handling of violations
1. The Ministry of Construction shall coordinate with related ministries and sectors in periodically and extraordinarily inspecting the observance of law in the export of minerals for use as building materials in localities.
2. Provincial-level People’s Committees shall direct functional agencies in periodically and extraordinarily inspecting the export of minerals for use as building materials in accordance with law.
3. Violators of this Circular shall, depending on the severity and acts of violation, be disciplined, administratively handled, forced to pay compensations or examined for penal liability in accordance with law.
Article 8. Effects
This Circular takes effect on November 6, 2012, and replaces the Minister of Construction’s Circular No. 18/2009/TT-BXD of June 30, 2009, guiding the export of minerals for use as building materials. Any problems arising in the course of implementation should be reported in writing to the Ministry of Construction for consideration and settlement.
For the Minister of Construction
Deputy Minister
NGUYEN TRAN NAM
APPENDIX 1
LIST OF MINERALS FOR USE AS BUILDING MATERIALS AND
EXPORT CRITERIA AND CONDITIONS
(To the Ministry of Construction’s Circular No. 04/2012/TT-BXD of September 20, 2012)
No. | Minerals | Export criteria | Conditions |
1 | Sand | | |
1.1 | White sand | SiO2 content ³ 99 % | |
1.2 | Yellow sand for use as molds or for filtering water | SiO2 content ³ 95% and of a grain size £ 2.5 mm | |
1.3 | Ground sand | Of a grain size £ 5 mm | |
1.4 | Salted sand | Cl- content ³ 0.05 % TiO2 content £ 1000 ppm | Exploited under projects licensed by the Prime Minister and not used by the localities |
2 | Limestone: for use as materials for production of construction glasses, metallurgy, lime baking, etc. | Of a grain size £ 200 mm | Not included the master plan on minerals for use as materials for cement production or building materials |
3 | Walling and flooring stone | Thickness £ 100 mm | |
4 | Sedimentary rocks (limestone, marble, etc.) | Of a grain size £ 20 mm | Processed and polished or use as decorative or finishing materials |
5 | Roofing slate, combustible shale | Thickness £ 50 mm | |
6 | Building stone | Of a size £ 60 mm | Exploited from mines outside southeastern and southwestern provinces. |
7 | Dolomite | MgO content ³ 18%, of a grain size £ 60 mm | |
8 | Quartz | Of a grain size £ 1 mm, and SiO2 content ³ 85% | |
9 | Kaolin | Al2O3 ³ 28 %, Fe2O3 £ 3 %, of a grain size £ 1 mm | |
10 | Pyrophyllite kaolin | Al2O3 ³ 17 %, of a grain size £ 100 mm | |
APPENDIX 2
LIST OF MINERALS FOR USE AS BUILDING MATERIALS
BANNED FROM EXPORT
(To the Ministry of Construction’s Circular No. 04/2012/TT-BXD of September 20, 2012)
No. | List of minerals |
1 | Limestone and additives included in the master plan on minerals for use as materials for cement production |
2 | Building stone exploited from mines in southeastern and southwestern provinces |
3 | Stone blocks |
4 | Salted sand |
5 | Building sand (natural sand) |
6 | Gravel |
7 | Feldspar |
8 | Clay, hill earth |
THE END
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