Circular No. 04/2021/TT-BXD guidelines for exporting minerals for use as building materials

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Circular No. 04/2021/TT-BXD dated June 30, 2021 of the Ministry of Construction guiding the export of minerals for use as building materials
Issuing body: Ministry of ConstructionEffective date:
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Official number:04/2021/TT-BXDSigner:Nguyen Van Sinh
Type:CircularExpiry date:Updating
Issuing date:30/06/2021Effect status:
Known

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Fields:Construction , Export - Import

SUMMARY

Enterprises exporting minerals must submit annual reports before January 15 every year

On June 30, 2021, the Ministry of Construction issues the Circular No. 04/2021/TT-BXD prescribing guidelines for exporting minerals for use as building materials.

Accordingly, minerals used as building materials for export having legal origins include minerals mined under a License for Mining, a License to fully exploit minerals or an enclosed Decision on mining minerals issued by a competent state agency which is still effective in accordance with law regulations on minerals.

Mineral exporting enterprises must make annual reports (or irregular reports at the request of competent agencies) and submit them to the Department of Construction to report to provincial-level People's Committees (where such enterprises perform export activities) in accordance with the specified form before January 15 of each year. Annually (or irregularly at the request of competent agencies) provincial-level People's Committees shall report on the situation of mineral exporting in accordance with the specified form before January 30 of each year.

In addition, the list, specifications and technical criteria of minerals used as building materials for export are specified in Appendix I issued together with this Circular (except for minerals temporarily imported for re-export, border-gate transfer or transit).

This Circular takes effect from August 28, 2021.

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Effect status: Known

THE MINISTRY OF CONSTRUCTION

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 04/2021/TT-BXD

 

Hanoi, June 30, 2021

 

Circular 

Guiding the export of minerals for use as building materials[1]

Pursuant to the Government’s Decree No. 81/2017/ND-CP of July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 09/2021/ND-CP of February 9, 2021, on management of building materials;

Pursuant to the Prime Minister’s Directive No. 38/CT-TTg of September 29, 2020, on further enhancement of state management of exploration, mining, processing, use and export of minerals;

At the proposal of the Director of the Building Materials Department;

The Minister of Construction promulgates the Circular guiding export of minerals for use as building materials.

Article 1. Scope of regulation and subjects of application

1. This Circular guides the list, specifications, technical criteria and origin of minerals for export for use as building materials.

2. This Circular applies to domestic and foreign organizations and individuals engaged in export of minerals for use as building materials in Vietnam (except for materials for use as building materials brought from the inland into non-tariff zones or exclusive customs areas for construction, repair or maintenance of work structures).

Article 2. Interpretation of terms

In this Circular, terms and expressions below are construed as follows:

1. Mineral processing means a process of application of single or combined mechanical, physical and chemical methods for changing properties of exploited minerals in order to create products with specifications and technical criteria meeting requirements for use and of commercial value higher than that of exploited minerals.

2. Block stone used as slabstone means a natural stone exploited from mining pits at igneous, sedimentary or metamorphic stone quarries and processed into crack-free block-shaped flat-surfaced products of a volume of at least 0.4 m3.

3. Slabstone means a type of stone processed from natural stone blocks into slabs  (in conformity with national standard TCVN 4732:2016 on natural wall and floor slabstone) used as wall or floor tiles in construction works.

4. Building stone means a type of stone exploited from natural stone quarries (on the list of minerals for use as common building materials as provided by the mineral law) and processed into products for use in construction works.

5. Fine-art stone means a type of natural stone exploited from natural stone quarries and worked into fine-art articles of non-standard sizes.

Article 3. Origin, list, specifications and technical criteria of minerals for export for use as building materials

1. Minerals of lawful origin for export for use as building materials include minerals exploited under mining licenses or salvage mining licenses or valid decisions on mining of associated minerals granted by competent agencies in accordance with the mineral law.

2. The list, specifications and technical criteria of minerals for export for use as building materials are provided in Appendix I to this Circular (except minerals temporarily imported for re-export, in border-gate transfer or transit).

Article 4. Effect

This Circular takes effect on August 28, 2021, and replaces the Ministry of Construction’s Circulars No. 05/2018/TT-BXD of June 29, 2018, guiding export of minerals for use as building materials, and No. 05/2019/TT-BXD of October 10, 2019, amending and supplementing the Appendix to Circular No. 05/2018/TT-BXD of June 29, 2018.

Article 5. Responsibility for and organization of implementation

1. The Ministry of Construction shall organize, guide and monitor the implementation of this Circular; and concurrently coordinate with related ministries and sectors in regularly or 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 regularly or extraordinarily inspecting the export of minerals for use as building materials in accordance with law. Provincial-level People’s Committees shall make reports on an annual basis or at the request of competent agencies according to the form provided in Appendix II to this Circular before January 30 every year and send them to the Ministry of Construction for summing up and reporting to the Prime Minister.

3. Mineral exporters shall make reports on an annual basis or at the request of competent agencies according to the form provided in Appendix II to this Circular and send them to provincial-level Construction Departments for further reporting to provincial-level People’s Committees of localities where they carry out export activities before January 15 every year.

4. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Construction for consideration and settlement.-

For the Minister of Construction
Deputy Minister
NGUYEN VAN SINH

 

APPENDIX I

LIST, SPECIFICATIONS AND TECHNICAL CRITERIA OF MINERALS FOR EXPORT FOR USE AS BUILDING MATERIALS

(to the Ministry of Construction’s Circular No. 04/2021/TT-BXD of June 30, 2021, guiding export of minerals for use as building materials)  

HS Code

List of minerals

Specifications and technical criteria

I

Silica white sand, molding yellow sand

 

2505.10.00

White silica sand used as a material for production of building materials or in other industries

Processed (screened, washed, grain sizing)

SiO2  content ≥ 97%

Grain size ≤ 1.0 mm

2505.90.00

White silica sand used for making molds or in other industries

Processed (screened, washed, grain sizing, coated or uncoated)

SiO2  content ≥ 95%

Grain size ≤ 2.5 mm

2505.90.00.90

Yellow sand or sand made of crushed gravel, pebbles, quartzite, sandstone, quartz, etc., used for making molds or in other industries

Processed (screened, washed, grain sizing)

SiO2 content ≥ 85 %

Grain size ≤ 2.5 mm

2505.10.00.10

Fine or super-fine quartz powder (processed from white silica sand, quartz, quartzite) used as a material for production of building materials or in other industries

Processed (screened, washed, dried, grounded, grain sizing)

SiO2 content ≥ 97 %

Grain size ≤ 96 μm

II

Slabstone

 

2506.10.00

Slabstone made from quartz

 

Cut by sawing, or otherwise, into slabs

Thickness ≤ 300 mm

2506.20.00

Slabstone made from quartzite

 

Cut by sawing, or otherwise, into slabs

Thickness ≤ 300 mm

2514.00.00

Slabstone made from slate

Cut by sawing, or otherwise, into slabs

Thickness ≤ 50 mm

2515.12.20

Slabstone made from marble, calcareous stone  and dolomite

Cut by sawing, or otherwise, into slabs

Thickness ≤ 300 mm

2516.12.20

Slabstone made from granite, gabbro, basalt and other stones

 

Cut by sawing, or otherwise, into slabs

Thickness ≤ 300 mm

2516.20.20

Slabstone made from sandstone

Cut by sawing, or otherwise, into slabs

Thickness ≤ 300 mm

2515.20.00.90

Stone blocks made from white calcareous stone  (marble)

Cut by sawing or otherwise, into blocks

Volume < 0.4 m3

6801.00.00

Curbstones of natural stone (except slate)

Worked or processed into products

Thickness ≤ 300 mm

6802.21.00

Slabstone made from marble

Worked or processed into slabs (with a flat or even surface)

Thickness ≤ 300 mm

6802.23.00

Slabstone made from granite

Worked or processed into slabs (with a flat or even surface)

Thickness ≤ 300 mm

6802.29.10

Slabstone made from calcareous stone 

Worked or processed into slabs (with a flat or even surface)

Thickness ≤ 300 mm

6802.29.90

Slabstone made from other natural stones

Worked or processed into slabs (with a flat or even surface)

Thickness ≤ 300 mm

III

Block

 

2515.12.10

Stone blocks used as slabstone made from marble, calcareous or dolomite stone

Mined and cut by sawing or otherwise, into blocks

Volume ≥ 0.4 m3

2515.20.00.10

Stone blocks used as slabstone made from white limestone (marble)

Mined and cut by sawing or otherwise, into blocks

Volume ≥ 0.4 m3

2516.12.10

Stone blocks used as slabstone made from granite, gabbro, basalt and other stones

Mined and cut by sawing or otherwise, into blocks

Volume ≥ 0.4 m3

IV

Fine-art stone

 

6802.91.10

Fine-art stone made from marble

Worked or sculpted into products

6802.92.00

Fine-art stone made from limestone

Worked or sculpted into products

6802.93.00

Fine-art stone made from granite

Worked or sculpted into products

6802.99.00

Fine-art stone made from other natural stones

Worked or sculpted into products

6802.10.00

Setts, stones, lumps, granules, powder of natural stone and other stones

Worked or sculpted into products

V

Stones used as normal building materials

 

V-a

Used for aggregate mixture, road metalling or other purposes

 

2517.10.00

Building stones made from pebbles, gravel or basalt

Crushed, grounded or sieved into products

Grain size ≤ 100 mm

2517.49.00

Building stones made from granite, gabbro, marble; limestone (CaCO3 content < 85%), dolomite (MgO content < 15%); sandstone, quartz and other stones.

Crushed, grounded or sieved into products

Grain size ≤ 100 mm

V-b

Used for embankment, footing, wall construction, sidewalks, roadbed or other purposes

 

2515.11.00

Building stones (rock stone, dressed stone, etc.) made from marble; travertine (CaCO3 content < 85%).

Worked, trimmed or cut into products

2516.11.00

Building stones (rock stone, dressed stone, etc.) made from granite, gabbro, basalt

Worked, trimmed or cut into products

2516.20.10

Building stones (rock stone, dressed stone, etc.) made from sandstone

Worked, trimmed or cut into products

2516.90.00

Building stones made from other stones

Worked, trimmed or cut into products

VI

Other minerals

 

2518.10.00

Dolomite used as a material for production of building materials or in other industries

Worked or processed into products

MgO content ≥ 18%

Grain size ≤ 100 mm

2521.00.00

Limestone used as a material for production of lime or in other industries (except limestone used as a material for production of cement)

Worked or processed into products

CaCO3 content ≥ 85%

Grain size ≤ 100 mm

2507.00.00

Kaolin used as a material for production of building materials or in other industries

Worked or processed into products

Al2O3 content ≥ 28%;

Fe2O3 content ≤ 1%

Grain size ≤ 0.2 mm

2507.00.00

Pyrophyllite used as a material for production of building materials or in other industries

Worked or processed into products

Grain size ≤ 100 mm

2508.30.00

Fire clay used as a material for production of building materials or in other industries

Worked or processed into products

Al2O3 content ≥ 23%

Grain size ≤ 0.2 mm

2529.10.00

Feldspar used as a material for production of building materials or in other industries

Worked or processed into products

(K2O + Na2O) content ≥ 7%

Grain size ≤ 100 mm

 

Minerals used as building materials brought abroad for technological analysis, research or testing purpose.

Weight and types of minerals serving research and testing purposes

 

* Appendix II to this Circular is not translated.


[1] Công Báo Nos 665-666 (12/7/2021)

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