Circular 51/2018/TT-BCT amend Joint Circular 47/2011 on management of the import of ozone layer-depleting substances

CIRCULAR

Amending and supplementing a number of articles of Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and Minister of Natural Resources and Environment, providing the management of the import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer

Pursuant to the Law No. 05/2017/QH14 on Foreign Trade Management dated June 12, 2017;

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. 69/2018/ND-CP dated May 15, 2018 on detailing a number of articles of the Law on Foreign Trade Management;

Implementing the 1985 Vienna Convention on Protection of the Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer and its amendments and supplementations, which have been ratified by the State of the Socialist Republic of Vietnam;

At the proposal of the Director of the Agency of Foreign Trade,

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and Minister of Natural Resources and Environment, providing the management of the import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as Circular No. 47).

Article 1. Principles of management of the import of ozone layer-depleting substances

To amend and supplement Clause 3 Article 2 of the Circular No. 47 as follows:

“3. The import of HCFCs in the Appendix I of the Circular No. 47 shall be managed on the following principles:

a) The import of HCFCs in the Appendix I of the Circular No. 47 shall comply with licenses granted by the Ministry of Industry and Trade.

b) The Ministry of Industry and Trade shall, based on the import quotas for HCFCs specified in Article 3 of the Circular No. 47, traders’ reports on their import situation and import registration for the subsequent year, discuss subjects permitted to import and the method of operation with the Ministry of Natural Resources and Environment.

c) Traders shall report on their import situation and import registration for the subsequent year before December every year.”

Article 2. Procedures for grant of licenses for import of HCFCs

To supplement Point a Clause 2 Article 4 of the Circular No. 47 as follows:

“- A written registration for the import of HCFCs, made according to the form specified in Appendix IIb of this Circular. Appendix IIb of this Circular replaces the Appendix II of the Circular No. 47”

Article 3. Procedures for temporarily importing HCFCs for re-export

To amend and supplement Clause 1 Article 7 of the Circular No. 47 as follows:

“The procedures for temporarily importing HCFCs for re-export shall comply with the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 on detailing a number of articles of the Law on Foreign Trade Management.”

Article 4. Reporting regime

To amend and supplement Article 8 of the Circular No. 47 as follows:

“Traders shall make reports on the import of HCFCs, using the form provided in Appendix VIIb to this Circular, and send them to the Ministry of Industry and Trade under the following regulations:

1. Quarterly reports on the import of HCFCs under their granted import licenses must be sent to the Ministry of Industry and Trade before the 5^th of the first month of the subsequent quarter.

2. Annual reports on the import under their granted licenses, clearly stating the situation of import, expected implementation and import registration for the subsequent year must be sent to the Ministry of Industry and Trade before December every year.

Appendix VIIb of this Circular replaces the Appendix VII of the Circular No. 47. When necessary, traders shall report on matters related to the import of HCFCs at the written request of the Ministry of Industry and Trade.”

Article 5. Effect

1. This Circular takes effect on February 04, 2019.

2. Any problem arising in the course of implementation should be promptly reported in writing to the Ministry of Industry and Trade for consideration and guidance.

* All Appendices are not translated herein.