Circular No. 05/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade guiding the coal export

CIRCULAR

GUIDING THE COAL EXPORT

Pursuant to Resolution No. 01/2007/QH12 dated July 31, 2007 of the first session of the XII ^th National Assembly of the Socialist Republic of Vietnam on organizational structure of the Government and number of deputy Prime Ministers of the Government in the XII ^th term;
Pursuant to the Government’s Decree No. 86/2002/ND-CP dated November 5, 2006 defining the functions, task, powers and organizational structure of the ministries and ministerial-level agencies;

Pursuant to Decree No. 12/2006/ND-CP dated January 23, 2006 of the Government detailing the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit activities with foreign countries;

The Ministry of Industry and Trade guides the coal export as follows: 

I. GENERAL PROVISIONS

1. Coal shall only be exported if it concurrently satisfies the following 2 conditions:

- Having legal origin according to the provisions specified at Point b, Clause 2, Section I of Circular No. 04/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade on the coal trading conditions.

- Meeting the quality standards or equivalents to the quality standards according to Appendix 2 on the List, conditions and quality standards of export coal issued together with this Circular.

2. Base on the List, conditions and quality standards of export coal stipulated by the Ministry of Industry and Trade, and real supplying capability for export of the legal coal supplying sources, coal exporting traders must send the registration for the coal export plan for the following year according to Appendix 1 issued together with this Circular to the Ministry of Industry and Trade before October 15 annually for synthesis and balance.

II. SPECIFIC PROVISIONS

1. In addition to meeting all the coal trading conditions specified in Circular No. 04/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade guiding the coal trading conditions, coal exporting traders must meet one of the following conditions:

For domestically-originated coal:

a) Having effective coal exploration licenses or licenses on coal exploration and gathering granted by the State competent agencies.

b) Having effective coal processing licenses and contracts on purchasing coal for processing signed with the organizations and individuals mentioned at Point a of this Clause.

c) Having coal purchase contracts or coal export entrustment contract signed with the organizations and individuals mentioned at Points a and b of this Clause.

d) Having valid documents on purchasing coal which is confiscated and liquidated by the State competent agencies.

For coal imported for export:

1. Having all the valid documents to prove that the exported coal is legally imported according to the provisions of law.

2. Those traders who export domestically-originated coal shall only be permitted to export coal, which is directly imported (or designated export) from sources mentioned in the Clause 1 above.

3. In addition to documents in accordance with the provisions of legislation on customs, when carrying out procedures for coal export, the coal exporting traders must submit to the Customs Office the quality and quantity verification certificates for each lot of exported coal granted by the competent verification agencies and copies of value-added tax invoices of coal export (or export entrustment contracts in case of entrusted export) of those organizations and individuals who directly explore and process coal.

III. REPORT ON COAL EXPORT

1. Coal exporting traders shall have to report the coal export results and take the responsibility on the accuracy and truthfulness of the reported data and information.

2. The contents of coal export reports include:

a) The report on the quality and quantity of exported coal.

b) The report on the sources of exported coal, and the implementation of the stipulations on coal exports.

3. The report regime for the coal exports shall be as follows:

a) The reports on coal exports shall be made semi-annually and annually. The semi-annual report is calculated from January 1 to June 30 of the year, and annual report is calculated from January 1 to December 31 of the year.

b) In addition to carrying out the report regime as specified at Point a of this Clause, on request of the concerned State management agencies, the coal exporting traders must irregularly report on the coal exportation.

4. The time limit for submitting reports on coal export is specified as follows:

a) Coal exporting traders shall have to make reports according to the stipulations specified in Clause 2 of this Section and send to the People’s Committees of the provinces and centrally run cities which export coal at least five (05) days after the reporting date specified at Point a, Clause 3 of this Section.

b) The People’s Committees of the provinces and centrally run cities shall direct the competent agencies to make reports on coal export situation within their management and send to the Ministry of Industry and Trade at least fifteen (15) days after the reporting date specified at Point a, Clause 3 of this Section. 

IV. HANDLING OF VIOLATIONS

1. Acts of violating provisions on coal exports specified in this Circular shall, depending on their seriousness, be handled according to the provisions of Decree No. 175/2004/ND-CP dated October 10, 2004 of the Government on administration sanctions in the field of trade and other relevant documents.

2. Cadres and civil servants who abuse their positions and powers to violate the provisions of this Circular shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability according to the provisions of law.

V. ORGANIZATION OF IMPLEMENTATION

1. Coal export activities shall comply with this Circular and other relevant provisions of law. This Circular takes effect 15 days after its publication in CONG BAO and replaces guidance on coal export specified at Point 4, Section II of Circular No. 02/2006/TT-BCN dated April 14, 2006 of the Ministry of Industry.

2. The Ministry of Industry and Trade shall consider the adjustments of the lists, conditions and quality standards of coal permitted to be exported on domestic demand based on coal exploring and processing capabilities.

3. The Ministry of Industry and Trade shall assume the prime responsibility for and coordinate with the relevant ministries, branches and localities in periodically organizing the inspection of the implementation of provisions on coal export specified in this Circular and other relevant provisions of law.

4. When traders have signals of violating the stipulations on coal export, the People’s Committee of the provinces and centrally-run cities which export coal shall have to direct the competent agencies to inspect and timely handle.

5. Coal export contracts signed before the effective date of this Circular shall be permitted to continue to the end of effective date of the signed contracts.

6. Any problems arising in implementation of this Circular must be timely reported in writing by the coal exporting traders or concerned organizations or individuals to the Ministry of Industry and Trade for consideration and settlement.

APPENDIX 1

REGISTRATION FORM FOR COAL EXPORT PLAN
(Issued together with Circular No. 05/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade guiding the coal export)

REGISTRATION FOR COAL EXPORT PLAN FOR THE YEAR …

To: The Ministry of Industry and Trade

Name of the unit: …………………………………………………………

Establishment Decision or License No.:………………………………

License on Exploration/Exploration and Gathering/Minerals Processing No.:………………granted by ………………………, to be effective to the date of ……………………………….

Business Registration Certificate No.:…………………………granted by……………………on: …………………………………

Address of the head office: ……………………………………………

Telephone: ………………Fax:……………………………………..

Coal exploration/processing capacity…………………………………

Mode of export (direct/designated/selling to exporting traders): ……………………………………………………………………………

The unit registers the coal export plan with the following specific targets: 

The unit commits to comply with all the provisions on coal export specified in Circular No. 05/2007/TT-BTC dated October 22, 2007 of the Ministry of Industry and Trade.

APPENDIX 2

LIST, CONDITIONS AND QUALITY STANDARDS OF EXPORTED COAL
(Issued together with Circular No. 05/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade guiding the coal export)

Note: Technical standards for exported coal shall comply with the requirements on technical standards for Hon Gai - Cam Pha coal; Mao Khe coal; and Vang Danh - Nam Mau coal:

Technical standards for exported coal shall comply with the requirements on technical standards for Hon Gai - Cam Pha coal; Mao Khe coal; and Vang Danh - Nam Mau coal:

- TCVN 2273: 1999 Mao Khe coal - Technical requirements

- TCVN 2279: 1999 Vang Danh - Nam Mau coal - Technical requirements

- TCVN 1790: 1999 Hon Gai - Cam Pha coal - Technical requirements