Circular No. 18/2009/TT-BXD dated June 30, 2009 of the Ministry of Construction guiding the export of minerals for use as building materials

THE MINISTRY OF CONSTRUCTION

Circular No. 18/2009/TT-BXD of June 30, 2009, guiding the export of minerals for use as building materials

Pursuant to the Government’s Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 160/2005/ND-CP of December 27, 2005, detailing and guiding the implementation of the Mineral Law and the Law Amending and Supplementing a Number of Articles of the Mineral Law;

Pursuant to the Government’s Decree No. 07/2009/ND-CP of January 22, 2009, amending and supplementing a number of articles of the Government’s Decree No. 160/2005/ND-CP of December 27, 2005, detailing and guiding the implementation of the Mineral Law and the Law Amending and Supplementing a Number of Articles of the Mineral Law;

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

Pursuant to the Government’s Decree No. 77/2007/ND-CP of May 10, 2007, amending a number of articles of the Government’s Decree No. 150/2004/ND-CP of July 29, 2004, providing administrative sanctions in the mineral domain;

Pursuant to the Prime Minister’s Decision No. 152/2008/QD-TTg of November 28, 2008, approving the planning on exploration, mining, processing and use of minerals as building materials in Vietnam up to 2020;

The Ministry of Construction guides the export of minerals for use as building materials as follows:

Section 1. SCOPE OF REGULATION AND SUBJECTS OF APPLICATION

Article 1. This Circular regulates activities related to the export of minerals for use as building materials, minerals for use as materials for cement production and minerals for use as common building materials (below collectively referred to as minerals for use as building materials).

Article 2. This Circular applies to domestic organizations and individuals and foreign traders (below collectively referred to as organizations and individuals) that are eligible under the commercial law for exporting minerals as building materials in Vietnam.

Section 2. INTERPRETATION OF TERMS

Article 3. In this Circular, the terms below are construed as follows:

1. State agencies competent to grant permits for mining or processing minerals for use as building materials include the Ministry of Industry (before November 11, 2002), the Ministry of Natural Resources and Environment (from November 11, 2002) and the People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees).

2. Processing is a process of sorting and enriching minerals or other activities aiming to achieve certain specifications, standards and content as required to increase the value of minerals.

3. Minerals restricted from export are minerals suspended from export.

4. Building sand is natural sand from mines, rivers and springs (excluding white siliceous sand, saline sand and artificial sand) for use in placing cement, masoning, mortaring, building roads and filling up grounds, which is on the list of minerals for use as common building materials and has a SiO2 content < 85%.

5. Building stone is natural stone which is of magma or sedimentary origin or is denaturalized and on the list of minerals for use as common building materials, and is broken, ground and classified by size for use in placing cement, building walls and roads.

Section 3. PROVISIONS ON EXPORT OF MINERALS FOR USE AS BUILDING MATERIALS

Article 4. List of minerals permitted for export; restricted from export

1. Minerals permitted for export are those outside the list of minerals restricted from export stated in Clause 2 of this Article.

2. List of minerals restricted from export:

a/ Lime and additives in mines under the planning on exploration, exploitation and processing for use as materials for cement production promulgated together with the Prime Minister’s Decision No. 105/2008/QD-TTg of July 21, 2008, and in mines additionally included in the planning as permitted by the Prime Minister.

b/ Clays;

c/ Felspar;

d/ Building sand;

e/ Pebbles, gravel and grits;

f/ Building stone in the mines in southeastern and southwestern provinces.

Article 5. Conditions on minerals for use as building materials permitted for export

1. Minerals exploited from mines with valid mining or salvage-mining licenses granted by competent state agencies.

2. Minerals confiscated and sold by competent state agencies with valid purchase or auction documents.

3. Saline sand salvaged from the dredging and clearing of river channels, estuaries and river ports adjacent to the sea under approved projects with the volume of sand for export in excess of the local use need as certified by competent authorities.

4. When there arises an export need for a mineral on the list of minerals restricted from export, its export shall be decided by the Prime Minister.

5. When the export of a mineral outside the list of minerals restricted from export may affect the domestic supply-demand balance, its export suspension shall be decided by the Prime Minister.

6. Minerals which are temporarily imported for re-export or imported for processing and export or imported for processing for foreign traders comply with the Government’s Decree No. 12/2006/ND-CP of January 23, 2006,  detailing the implementation of the Commercial Law regarding international goods trading and purchase and sale agency, processing and transit of goods with foreign countries.

Article 6. Conditions on processing and quality standards of minerals exported for use as building materials (excluding minerals temporarily imported for re-export)

Minerals must be processed to reach the quality standards specified in Appendix 1 to this Circular. Results of experiment and analysis of mechanical, physic and chemical criteria of minerals must be accredited by LAS-XD or equivalent laboratories.

Article 7. Conditions on mineral exporters

Organizations and individuals may be licensed to export minerals when they meet all conditions prescribed by the commercial law.

Article 8. A mineral export dossier comprises:

1. A dossier as prescribed by the commercial law.

2. Results of experiment and analysis mentioned in Article 6 of this Circular.

3. In specific cases:

a/ For minerals exploited and processed by exporters themselves, a notarized copy of the valid mining or processing license granted by a competent state agency is required.

b/ For processed minerals purchased by exporters, notarized copies of the mining license and processing license of the seller granted by competent state agencies which remain   valid at the time of mining and processing, are required;

c/ For minerals purchased for processing and export, notarized copies of the mining license of the seller and the mineral processing license granted by competent state agencies as stated at Point b of this Clause, are required;

d/ For purchased minerals stated at Points b and c of this Clause, the economic contract and a true copy of the value added tax invoice are also required.

Section 4. REPORTING ON EXPORT OF MINERALS FOR USE AS BUILDING MATERIALS

Article 9. Reporting regime

1. Mineral exporters shall make and send reports to provincial-level People’s Committees; provincial-level People’s Committees shall make and send reports to the Ministry of Construction for synthesis and reporting to the Prime Minister.

2. Reports shall be made biannually and annually or extraordinarily at the request of competent state agencies; biannual reports of minerals exporters shall be sent to provincial-level People’s Committees not later than July 5 every year and annual reports not later than January 5 of the subsequent year. Similarly, reports of provincial-level People’s Committees shall be sent to the Ministry of Construction not later than July 15 every year and January 15 of the subsequent year.

3. Reports shall be made according to set forms.

Section 5. EXAMINATION, AND HANDLING OF VIOLATIONS

Article 10. Provincial-level People’s Committees shall direct functional agencies to periodically and unexpectedly the export of minerals for use as building materials in accordance with law.

Article 11. The Ministry of Construction shall coordinate with concerned ministries and branches in periodically or unexpectedly examining the observance of law in the export of minerals as building materials in localities.

Article 12. Violators of this Circular shall, depending on the nature and acts of violation, be disciplined or administratively sanctioned, pay compensation for damage, or be examined for penal liability in accordance with law.

Section 6. ORGANIZATION OF IMPLEMENTATION

Article 13. This Circular takes effect 45 days from the date of its signing and replaces the provisions on the export of minerals for use as building materials in Circular No. 02/2006/TT-BCN of April 14, 2006, of the Ministry of Industry (now the Ministry of Industry and Trade) guiding the export of minerals.

Contracts which meet all export conditions and are performed before the effective date of this Circular may be performed till completion.

Article 14. Provincial-level People’s Committees shall assume the prime responsibility for, and assign provincial departments and branches, in the implementation of this Circular; and request exporters of minerals for use as building materials to strictly implement this Circular and relevant laws currently in force.

Article 15. The Ministry of Construction shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, directing and urging the export of minerals for use as building materials in localities under this Circular and relevant laws currently in force.

Article 16. Annually, on the basis of the practical mining and processing, domestic use need for and the export of minerals for use as building materials, the Ministry of Construction shall consider and make necessary adjustments and supplements in response to arising matters.

Article 17. Any problems arising in the course of implementation should be reported in writing to the Ministry of Construction for consideration and settlement.

For the Minister of Construction  
Deputy Minister
NGUYEN TRAN NAM

Appendix 1

LIST, QUALITY STANDARDS OF AND CONDITIONS ON EXPORTED MINERALS FOR USE AS BUILDING MATERIALS

(To the Construction Ministry’s Circular No. 18/2009/TT-BXD of June 30, 2009)

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