The CIRCULAR regulates the export of coal _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 15/2012/ND-CP dated 9 March 2012 the Government detailing the implementation of a number of articles of the law on mineral resources;
Pursuant to Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the implementation of the law on the commercial buying, selling, processing and transiting goods with foreign countries;
Implementation of decision No 2455/QD-TTg dated April 22, 2011 of the prime strategic minerals, vision 2020 to 2030;
At the suggestion of the General Director of the energy Bureau;
Minister of industry and Commerce issued a circular regulating the export of coal as follows: article 1. Scope 1. This circular defined the category, the standard of quality coal and coal export conditions.
2. The export of coal under temporary import or re-export method get tools for foreign businesses to service the export not in the scope of this circular and made according to Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the Commercial Law enforcement activities in the international sale of goods and the Locator purchase, processing and transit goods with foreign countries.
Article 2. The object that applies to this circular apply to state management bodies and business activities related to the export of coal on the territory of Vietnam.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. VILAS: standard is the standard of the laboratory accreditation system Vietnam (Viet Nam Laboratory Accrediation Scheme).
2. the competent State agencies: Is the Agency of the central State Administration (ministries) and the people's committees of provinces and cities under central (provincial PEOPLE'S COMMITTEE).
Article 4. Coal export conditions 1. Only new business allowed the export of coal. Export coal business enterprise is eligible in the coal business as specified in circular No. 14/2013/TT-BCT on 15 July, 2013 of Industry regulations on business conditions of coal.
2. Coal export is allowed when meet the following conditions simultaneously: a) took over the processing and quality standard or an equivalent standard of quality defined in annex I attached to this circular.
b) legitimate origin as specified in circular No. 14/2013/TT-BCT on July 15, 2013 of Industry regulations on business conditions of coal.
c) other regulations (if any) under the authority of the Government on the import-export activities in each period.
Article 5. Coal export procedure 1. Business when coal export procedures, in addition to the documents prescribed by the customs, the need to present the following papers: a) the vote analysis to confirm the suitability of the standard, the quality of batches of export coal, due to a standard laboratory VILAS.
b) records demonstrating the source of coal exports.
2. Records demonstrating the source of coal exports include: a) for coal mining business: mining license, artisanal mining licences by the competent State agency level.
b) for coal processing business: investment certificates the coal processing facilities and contracts to purchase legitimate origin to coal processing.
c) for commercial business operations, import and export of coal: purchase agreement attached to a copy of the invoice value or fiduciary contract signed with the coal export businesses stated in point a or point b of this paragraph; or valid voucher bought coal by competent State authorities confiscated, said.
3. When do clearances, if any questionable basis of export coal shipments did not meet the quality standards as specified in this circular, the border gate customs have the authority for customs, and proceed up the minutes and get back the coal sample to test. The inspection by a CERTIFIED standard test done. If the test results confirmed the suspicion is based, the exporter must be the administrative sanction according to the current regulations and bear the costs of testing. If the test result shows the shipment of standard quality as defined by the test costs the Customs gate.
Article 6. Report on coal exports 1. Export report content of coal: a) the results of type, volume, exports of coal, the source of coal exports.
b) the situation of the executive regulations coal exports.
2. mode report: coal exporters are responsible for six months (at the beginning of the quarter, the III annual) reports the performance of exports. The report was posted on Industry and Department of industry and trade, the Department of natural resources and the environment where the enterprise made the export of coal.
3. coal exporters are responsible for the accuracy, the integrity of the data, the information reported.
4. When the competent State agencies required to report irregular export situation than to serve the management of export coal business, have the responsibility to make that request.
Article 7. Management responsibility 1. Directorate for energy (Industry) is responsible for chairing and coordinating focal ministries, relevant local periodically inspect the observance of the provisions of this circular and the provisions of relevant laws.
2. actual situation of base operations, machining, processing and coal business, Of the Department of energy is responsible for reporting Industry to consider adjusting this circular supplements when needed.
Article 8. Effective enforcement of this circular in force from September 1, 2013 and replaces circular No. 01/2007/TT-BCT on October 22, 2007 of the Ministry of industry and commerce to coal export Guide.
Article 9. Implementation 1. Use the demand base and the ability to exploit the coal processing, domestic, Industry would consider tuning category, condition and quality standards than are allowed for the match.
2. coal export contract valid (circular No. 01/2007/TT-BCT on October 22, 2007 of the Ministry of industry and commerce to coal export Guide) have been signed prior to the date of this circular effect is continued to the end of the time limit stipulated in the contract.
3. Industry has the right to request to stop the export of coal for the coal export enterprises in violation of the provisions of this circular.
4. State management bodies and business activities related to the export of coal is responsible for implementation of this circular. In the process if there are obstacles, bodies, timely reflect business written on Industry to consider, handle./.