Circular No. 12/2016/TT-BCT dated July 05, 2016 of the Ministry of Industry and Trade on 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

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.”

4. To amend and supplement Article 6 as follows:

“Article 6.Special cases

1. For minerals transferred abroad for technological analysis, research and testing: The enterprise shall send a written request to the Ministry of Industry and Trade together with related dossiers: report on necessity of technological analysis, research and testing; post-research and -testing handling plan for products; cooperation contract or document on experimental research and technology transfer; and document proving the origin of minerals.

2. The following cases

a/ Processed mineral products which fail to satisfy export quality standards as prescribed;

b/ Mineral products in stock of mines with expired mining licenses which are not contrary to Clause 3, Article 58 of the Mineral Law;

c/ Mineral products outside the list provided in Appendix 1 to this Circular, which are currently not domestically needed.

d/ Mineral products exported for import of goods necessary for domestic production.

dd/ Minerals imported for domestic consumption but are not fully consumed.

For the cases specified at Points a, b, c and d of this Clause, the provincial-level People’s Committees of localities where minerals are exploited or processed shall conduct physical inspection and send a written request to the Ministry of Industry and Trade for consideration and settlement.

The Ministry of Industry and Trade shall coordinate with related agencies in considering and settling every specific case.”

5. To amend and supplement Article 7 as follows:

“Article 7.Reports on export of minerals

1. The contents of a report on export of minerals must comply with Forms No. 01 and No. 02 provided in Appendix 2 to this Circular.

2. The export of minerals shall be reported as follows:

a/ An enterprise which exports minerals in a quarter shall make a report according to Form No. 01 provided in Appendix 2 and send it to the Ministry of Industry and Trade (the Heavy Industry Department) and the provincial-level Department of Industry and Trade and Customs Department of the locality where the enterprise is headquartered on the fifteenth day of the first month of the subsequent quarter at the latest;

b/ The provincial-level People’s Committee in a locality where mineral exporters are operating shall make general biannual and annual reports according to Form No. 02 provided in Appendix 2 and send them to the Ministry of Industry and Trade (the Heavy Industry Department) on July 31 and January 31 every year at the latest.

3. An enterprise shall make an extraordinary report upon request of a competent state agency to meet management requirements.”

6. To amend and supplement Article 10 as follows:

“Article 10.Organization of implementation

1. State management agencies and enterprises involved in the export of minerals shall implement this Circular. Any problems arising in the course of implementation should be promptly reported in writing to the Ministry of Industry and Trade for consideration and settlement.

2. When detecting violations of this Circular, the Ministry of Industry and Trade may request violating exporters to stop the export of minerals.”

Article 2.To amend and supplement the Appendix on the list and quality standards of exported minerals

The product list and quality standards of exported minerals are provided in Appendix 1 to this Circular(not translated).

Article 3.Effect

This Circular takes effect on August 20, 2016.-

Minister of Industry and Trade
TRAN TUAN ANH