Circular 23/2021/TT-BCT the list of kinds and quality standards of exported minerals

CIRCULAR

On the list of kinds and quality standards of exported minerals under the management of the Ministry of Industry and Trade

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Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020, on amending and supplementing a number of articles of decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade;

At the request of the Director of the Vietnam Industry Agency;

The Minister of Industry and Trade promulgates the Circular providing the list of kinds and quality standards of exported minerals under the management of the Ministry of Industry and Trade.

Article 1. Scope of regulation

This Circular provides the list of kinds and quality standards of exported minerals for minerals under the management of the Ministry of Industry and Trade (except minerals used as construction materials and coal) in accordance with law regulations on minerals.

Article 2. Subjects of application

This Circular applies to state management agencies and traders whose activities are related to export of minerals.

Article 3. Interpretation of terms

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

1. Mineral processing means a process of application of methods in a separate manner or combined methods (handpicking, washing, crushing-sifting and sorting by particle size; calcination, drying, sawing, cutting, gravity separation, magnetic separation, electricity separation, chemical separation, hydrometallurgy; metallurgy or other methods) for changing morphology and properties of crude mineral ores in order to obtain one or more products in the form of refined one, metal, alloy, chemical compound or industrial mineral with specifications and properties suitable to use purposes, and the use and commercial value higher than crude mineral ores.

2. Ore concentrates (also known as concentrates) are a product from the process of mineral processing, in which the chemical structure of the compounds in crude mineral ores is not changed but the content of components of useful minerals or mineral substances in crude mineral ores is increased to meet specification and quality standard requirements for the next processing.

3. Minerals of lawful origin are those specified in Article 14 of the Government’s Decree No. 17/2020/ND-CP dated February 5, 2020.

Article 4. List of kinds and quality standards of exported minerals

1. Exported minerals mean minerals of lawful origin that are named on the List of kinds and satisfy the corresponding quality standards in Appendix 1 to this Circular.

2. Mineral exporters specified in Clause 1 of this Article may select conformity assessment organizations in accordance with the Government's Decree No. 107/2016/ND-CP dated July 1, 2016, prescribing conditions for provision of conformity assessment services and the Government's Decree No. 154/2018/ND-CP dated November 9, 2018, amending, supplementing and repealing certain regulations on investment and business conditions in sectors under management of Ministry of Science and Technology and certain regulations on specialized inspection for assessment of kinds and quality of exported minerals.

Article 5. Report on export of minerals

1. The content of a report on export of minerals shall comply with the Form No. 01 and Form No. 02 in Appendix 2 to this Circular.

2. The reporting on export of minerals shall be implementing as follows:

a) A trader shall make a quarterly report (of the quarter that the export occurs) according to Form No. 01 in Appendix 2 and send it to the Ministry of Industry and Trade (the Vietnam Industry Agency), the Department of Industry and Trade, the provincial-level Customs Department where the trader’s head office is located no later than the 15^th of the first month of the following quarter.

b) Provincial-level Department of Industry and Trade (or a specialized agency assigned by the provincial-level People's Committee) where the mineral-exporting trader is located shall make and send annual and biannual summary reports, using the Form No. 02 in the Appendix 2, to the Ministry of Industry and Trade (the Vietnam Industry Agency) no later than July 31 and January 31 of every year.

3. Traders must make extraordinary reports upon request of a competent state agency to meet management requirements.

4. The traders can send reports directly to the clerical section of Ministry, or by post to the Ministry of Industry and Trade or via email address [email protected]

Article 6. Management responsibilities

1. The Vietnam Industry Agency (the Ministry of Industry and Trade) shall assume the prime responsibility for, and coordinate with related ministries, sectors and localities in periodically examining the compliance with regulations on export of minerals under this Circular and relevant law regulations; handle problems in the mineral export process.

2. Based on the actual situation of mineral exploitation, processing and consumption in the country, export, and policy and orientation of the Party and the Government in each period; the Vietnam Industry Agency shall take responsibility for reporting to the Minister of Industry and Trade for consideration of adjustment and supplementation of this Circular if necessary.

Article 7. Effect

1. This Circular takes effect from February 1, 2022, and replaces the Minister of Industry and Trade’s Circular No. 41/2012/TT-BCT dated December 21, 2012, providing the export of minerals, Circular No. 12/2016/TT-BCT dated July 5, 2016, 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.

2. To repeal Article 5 of the Minister of Industry and Trade’s Circular No. 13/2020/TT-BCT dated June 18, 2020, amending, supplementing and repealing some regulations on business conditions under the state management of the Ministry of Industry and Trade and Article 5 of the Minister of Industry and Trade’s Circular No. 41/2019/TT-BCT dated December 16, 2019, supplementing Lists of imported and exported goods with HS codes prescribed in some circulars of the Ministry of Industry and Trade.

3. If the regulations of other legal documents mentioned in this Circular are repealed, amended, supplemented or replaced, the amending, supplementing or replacing documents shall be applied.

Article 8. Implementation organization

State management agencies and traders 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./.

For the Minister

Deputy Minister

Do Thang Hai

* All Appendices are not translated herein.