Circular 45/2023/TT-BCT amend Circular 23/2021/TT-BCT list of kinds and quality standards of exported minerals

CIRCULAR

Amending and supplementing the Minister of Industry and Trade's Circular No. 23/2021/TT-BCT dated December 15, 2021, on the list of kinds and quality standards of exported minerals under the management of the Ministry of Industry and Trade

Pursuant to the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022, 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;

Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management;

At the request of the Director of the Industry Agency;

The Minister of Industry and Trade promulgates the Circular amending and supplementing the Minister of Industry and Trade's Circular No. 23/2021/TT-BCT dated December 15, 2021, on the list of kinds and quality standards of exported minerals under the management of the Ministry of Industry and Trade.

Article 1. Amending and supplementing the Minister of Industry and Trade's Circular No. 23/2021/TT-BCT dated December 15, 2021

1. To amend and supplement Article 4 as follows:

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

1. Exported minerals mean processed minerals of lawful origin, included on the List of kinds which satisfy the quality standards as follows:

a) For exported minerals of domestic origin: the List of kinds and quality standards is prescribed in Appendix 1 to this Circular.

b) For exported minerals of imported origin:

b.1. In case of processing goods for foreign traders: kinds and quality standards of products after processing shall be implemented according to processing contracts signed with foreign traders. Processing contracts shall comply with the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management.

b.2. In case of processed minerals from imported origin other than the cases b1 above: the corresponding List of kinds and quality standards of mineral is prescribed in Appendix 2 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, amended and supplemented under 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.

2. To amend and supplement Article 5 as follows:

“Article 5. Report on export of minerals

1. Reports of export plans for exported minerals of imported origin: before importing minerals to process and export, traders shall have reports of import, process and export plans according to the form in Appendix 3 to this Circular to send to the Ministry of Industry and Trade and the provincial-level Department of Industry and Trade where traders process minerals for export no later than 30 days from the date of signing mineral purchase and sale contracts with the foreign traders.

2. Report on export of minerals

a) Traders shall make quarterly reports (of the quarter that the export occurs) according to Form No. 01 in Appendix 4 and send them to the Ministry of Industry and Trade (the Industry Agency), the General Department of Customs, the provincial-level Department of Industry and Trade where traders process minerals no later than the 15th of the first month of the following quarter.

b) The provincial-level Department of Industry and Trade where there are processing activities of minerals of imported origin shall make and send annual and biannual summary reports, using the Form No. 02 in Appendix 4, to the Ministry of Industry and Trade (the 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. Traders shall send reports to the Ministry of Industry and Trade and the provincial-level Departments of Industry and Trade directly to the clerical section, or by post or via email address of the Industry Agency ([email protected]) or transaction registration emails of the provincial-level Departments of Industry and Trade.

3. To amend and supplement Article 6 as follows:

“Article 6. Management responsibilities

1. The provincial-level People's Committees shall organize the supervision, inspection of activities of exporting minerals and processing exported minerals in the area, and coordinate with the Ministry of Industry and Trade in the management of activities of exporting and processing minerals.

2. The management of exporting minerals of imported origin

a) The General Department of Customs shall coordinate with the Ministry of Industry and Trade (the Industry Agency), People's Committees of relevant provinces in providing information and controlling activities of importing minerals, processing and exporting minerals of imported origin according to this Circular and the law on foreign trade management.

b) The provincial-level Departments of Industry and Trade where traders have processing facilities located shall assume the prime responsibility for, and coordinate with relevant agencies to supervise and check the suitability of processing and exporting activities for minerals of imported origin of traders based on traders' reports specified in Clause 1, Point a Clause 2 Article 5 of this Circular and relevant laws to ensure that processed and exported minerals have lawful import origin, have processing facilities or rental processing facilities appropriate to the types of minerals, quality and the rate of product recovery after processing and exporting.  The provincial-level Departments of Industry and Trade shall report promptly to the Ministry of Industry and Trade and the provincial-level People's Committees to handle according to their authority in cases of violations of the reporting regime, commercial fraud, and mineral processing facilities’ failure to meet the provisions of law on production and trade of imported minerals.

3. The Industry Agency (the Ministry of Industry and Trade) shall assume the prime responsibility for, and coordinate with relevant ministries, branches and localities to organize inspections according to its authority on compliance with regulations on exporting minerals according to this Circular and relevant legal regulations; settle problems in the process of exporting minerals.

4. Based on the actual situation of mineral exploitation, processing and consumption in the country, export, policies and export orientation of the Government in each period; the 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 2. Amending and supplementing Appendices of the Minister of Industry and Trade's Circular No. 23/2021/TT-BCT dated December 15, 2021

1. To amend and supplement Appendix 1

- To amend the title of Appendix 1 to "List of types and quality standards of exported minerals of domestic origin”

- To amend commodity codes (HS code) updated according to the Government’s Decree No. 26/2023/ND-CP dated May 31, 2023, on the Export Tariff Schedule, Preferential Import Tariff Schedule, and List of commodities and their absolute, mixed and out-of-quota import duty rates.

- To add content of minerals (copper and cobalt) to quality standards of refined nickel ore.

- To add notes for some exported minerals until the end of 2026 that are considered by the Ministry of Industry and Trade for export in accordance with mineral export policies in each period according to the Mineral Law.

2. To supplement Appendix 2: List of kinds and quality standards of exported minerals of imported origin.

3. To supplement Appendix 3: Report on plans for import, processing and export of minerals of imported origin.

4. To amend and supplement Appendix 2: Appendix 2 is transferred to Appendix 4 and the content of periodic reports is amended and supplemented according to Form No. 1 and Form No. 2 in Appendix 4 to this Circular.

5. In case a dispute arises over the commodity code of the List of types of minerals in Appendix 1 and Appendix 2 to this Circular, the Ministry of Finance is the agency that decides on the commodity codes of goods in accordance with the List of Vietnam's export and import goods. Based on the classification of goods by the Ministry of Finance, the Ministry of Industry and Trade shall consider amending and supplementing commodity codes on the list issued with this Circular.

Article 3. Effect

This Circular takes effect from February 15, 2024.

APPENDIX 1

LIST OF KINDS AND QUALITY STANDARDS OF EXPORTED MINERALS OF DOMESTIC ORIGIN
(Attached to the Minister of Industry and Trade's Circular No. 45/2023/TT-BCT dated December 29, 2023)