THE MINISTRY OF INDUSTRY AND TRADE No. 12/2016/TT-BCT | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness Hanoi, July 5, 2016 |
CIRCULAR
Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 41/2012/TT-BCT of December 21, 2012, providing the export of minerals[1]
Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No. 15/2012/ND-CP of March 9, 2012, detailing the implementation of a number of articles of the Law on Minerals;
Pursuant to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries;
At the proposal of the Director of the Heavy Industry Department,
The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of Circular No. 41/2012/TT-BCT of December 21, 2012, providing the export of minerals.
Article 1. To amend and supplement a number of articles of Circular No. 41/2012/TT-BCT of December 21, 2012, providing the export of minerals
1. To amend Clauses 1 and 3 of Article 1 as follows:
“1. This Circular provides the list and quality standards of exported minerals and conditions on exported minerals.”
“3. The export of minerals by temporary import for re-export or export processing for foreign traders must comply with the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries.”
2. To amend and supplement Article 4 as follows:
“Article 4.Conditions on exported minerals
Minerals eligible for export must fully satisfy the following conditions:
1. Being on the list and satisfying the quality standards provided in Appendix 1 to this Circular.
2. Being of lawful origin in the following cases:
a/ Minerals exploited and processed from mines or mining spots with valid mining or salvage mining licenses granted by competent state agencies;
b/ Imported minerals certified by border-gate customs offices of importation in their import declarations;
c/ Minerals confiscated for public sale by competent state agencies.
For confiscated or publicly sold minerals, the following documents are required: sale invoices of assets confiscated into the state budget, ex-warehousing bills and written records of handover of assets involved in administrative violations and confiscated for auction.
d/ Processed mineral products of lawful origins specified at Points a, b and c of this Clause must suit processing technologies of processing facilities.
3. Exported minerals which contain by weight at least 0.05 percent of uranium or thorium must, apart from satisfying the conditions prescribed in Clauses 1 and 2 of this Article, have the Ministry of Science and Technology’s radioactive material export permits as prescribed by the Law on Atomic Energy.”
3. To amend and supplement Article 5 as follows:
“Article 5.Procedures for export of minerals
1. Before carrying out export procedures, an enterprise shall coordinate with the customs office in taking samples of each lot of exported minerals for analysis to determine their quality. Samples shall be analyzed at laboratories qualified for VILAS standards.
2. A dossier of mineral export must comprise:
a/ Product quality analysis slip as mentioned at Point 1 above (the original);
b/ Dossier proving the lawful origin (certified copies) for submission to the custom office, which must comprise:
- Mining or salvage mining license specified in Clause 2, Article 4 (amended) under this Circular.
- Imported mineral declaration in case of import.
- Document on purchase of minerals confiscated for public sale prescribed in Clause 2, Article 4 (amended) under this Circular in case of purchasing minerals for public sale.
- Document on purchase of minerals for processing (contract on purchase of minerals and value-added invoices) enclosed with the mining or salvage mining license or imported mineral declaration or document on purchase of minerals confiscated for public sale of the seller; and description of the processing process and recovery rates of post-processing products in case of purchase of minerals for processing.
- Document on purchase of minerals (contract on purchase of minerals and value-added invoices) enclosed with the mining or salvage mining license or imported mineral declaration or document on purchase of minerals confiscated for public sale of the seller in case of commercial business.
c/ Written approval of the export (if any) prescribed in Article 6 and Clause 3, Article 4 (amended) under this Circular (to produce the original and submit the copy).
d/ The enterprise’s report on export of minerals (copy) of the previous period already submitted to state agencies as prescribed in Clause 2, Article 7 (amended) under this Circular, except for enterprises that have just exported in the reporting period.
dd/ Other export-import documents as prescribed by current regulations.”
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