Circular No. 11/2002/TT-TM-XNK dated December 26, 2002 of the Ministry of Trade guiding the management of rough diamond import and export

CIRCULAR

GUIDING THE MANAGEMENT OF ROUGH DIAMOND IMPORT AND EXPORT

In furtherance of the Prime Minister s Directive No.1600/2002/CT-QHQT-VPCP dated December 13, 2002 on Vietnam s participation in the Kimberley Process Certification Scheme applicable to rough diamond import and export activities;

The Ministry of Trade hereby guides the management of rough diamond import and export as follows:

I. GENERAL PROVISIONS

1. Definition of rough diamonds: Rough diamonds mean diamonds of all types, which have not yet been processed or have been simply whittled, abraded or chiseled, or partly polished classified according to HS 71 02 10 00, 71 02 21 00 and 71 02 31 00 codes.

2. To strictly prohibit the import of conflict diamonds, which mean assorted rough diamonds used by rebellious or terrorist movements to finance their activities, including plots to weaken or overthrow legal governments, or diamonds acquired through the use or threat to use forcible measures or military means.

3. Enterprises may import and/or export rough diamonds only from and/or to the countries participating in the Kimberley Process Certification Scheme according to Appendix No. 01 to this Circular.

II. PROCEDURES FOR ROUGH DIAMOND IMPORT AND EXPORT

1. Vietnamese enterprises, when carrying out procedures for exporting rough diamonds, must produce to the customs offices the Kimberley process certificates granted by the Ministry of Trade according to the set form. For lots of rough diamonds exported in the period when such form has not yet been issued, the Ministry of Trade shall grant the Government Letter of Comfort to enterprises in order to certify such goods lots.

2. Vietnamese enterprises, when carrying out procedures for importing rough diamonds, must produce to the customs offices the Kimberley process certificates granted by the exporting countries. In case of non-availability of such certificates, the enterprises must produce the Government Letters of Comfort of the exporting countries, which clearly state that the lots of rough diamonds have been exported in accordance with the provisions of the Kimberley Process Certification Scheme.

3. After carrying out the customs clearance procedures for lots of rough diamonds imported into Vietnam, the customs offices shall make and send the Import Confirmation for such goods lots according to the form prescribed in Appendix No. 02 to this Circular (not printed herein) to the Ministry of Trade of the Socialist Republic of Vietnam for further transfer to the Secretariat based in the country being the president thereof.

III. IMPLEMENTATION PROVISIONS

1. The Ministry of Trade shall have to receive dossiers and grant Kimberley process certificates or the Government Letters of Comfort to enterprises.

2. This Circular takes implementation effect as from January 1, 2003. All the provisions contrary to those in this Circular are hereby annulled.

APPENDIX NO. 01

LIST OF COUNTRIES PARTICIPATING IN THE KIMBERLEY SCHEME

1. Angola (officially abbreviated to AO)

2. Australia (AU)

3. Botswana (BW)

4. Brazil (BR)

5. Burkina Faso (BF)

6. Canada (CA)

7. The Republic of Central Africa (CF)

8. The Democratic Republic of Congo (CD)

9. The European Community (Austria-AT, Belgium-BE, Denmark-DK, Finland-FI, France-FR, Germany-DE, Greece-GR, Iceland-IE, Italy-IT, Luxembourg-LU, Netherlands-NL, Portugal-PT, Spain-ES, Sweden-SE, and Great Britain-GB)

10. Gabon (GA)

11. Ghana (GH)

12. Guinea (GN)

13. India (IN)

14. Israel (IL)

15. The Ivory Coast (CI)
16. South Korea (KR)

17. Lesotho (LS)

18. Mauritius (MU)

19. Mexico (MX)

20. Namibia (NA)

21. Norway (NO)

22. The People s Republic of China (CN, including Hong Kong)

23. The Philippines (PH)

24. The Russian Federation (RU)

25. Sierra Leone (SL)

26. South Africa (ZA)

27. Swaziland (SZ)

28. Switzerland (CH)

29. Tanzania (TZ)

30. Thailand (TH)

31. Ukraine (UA)

32. United Arab Emirates (AE)

33. The United States of America (US)

34. Zimbabwe (ZW)

35. Sri Lanka (LK).

COUNTRIES WHICH HAVE OFFICIALLY CARRIED OUT PROCEDURES FOR PARTICIPATION IN 2003

1. Cyprus (CY)
2. The Czech Republic (CZ)

3. Guyana (GY)

4. Japan (JP)

5. Malta (MT)

6. Venezuela (VE)

7. Vietnam (VN)