CIRCULAR rules about business conditions than ____ _ _ _ _ _ _ _ _ _ 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. 56/2006/ND-CP dated 12 June 2006 from the Government detailing the implementation of the law on trade in goods, services and business, prohibition of business restrictions and conditional business;
At the suggestion of the General Director of the energy Bureau;
Minister of industry and Commerce issued a circular regulating business conditions than as follows: article 1. Scope this circular regulates coal trading conditions, including the activities: purchase, sale, export, import, re-export and import, transfer, transport, storage, agent.
Article 2. The object that applies to this circular apply to state management bodies and business activities related to coal business on the territory of Vietnam.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. Charcoal: covers all types of fossil coal and coal derived fossil monolithic or processing.
2. the competent State agencies: is the management central State (the Ministry) and the people's committees of provinces and cities under central (provincial PEOPLE'S COMMITTEE).
3. lawful descent is Coal coal originating in one of the following cases: a) are mined or recovered from the mine, the mine waste dumps, point that permits extraction, artisanal mining licences by the competent State agencies, is still in force;
b) be imported legally;
c) issued by the competent State authorities confiscated and trade;
d) are processed under the certificate processing coal investments in processing facilities have a contract to buy coal directly to the coal source business rules at points a, b, c of this paragraph.
Imported coal is viewed as legitimate when there is coal import goods declaration certified by the Customs gate (copies are certified according to the rules).
The coal source for foreclosures, commercial broadcasting, must have the following documents: bills of sale of assets seized, confiscated funds, Votes, minutes, arsenal appeared to hand over assets seized administrative violations auction (copies are certified according to the rules).
4. coal trading activities: is the activities specified in article 1.
Article 4. Business conditions than 1. Only new business allowed the coal business.
2. coal trading business must be established and operated according to the regulations of the corporate law, have the registration certificate of the enterprise in which the registration of the coal business.
3. the coal business enterprise depends on the specific business activities must ensure the following conditions: a) owned or leased business location, means of transport, the means of picking the bottling, warehouses, docks, vehicles weight, measure the volume of coal to serve business activities and meet all technical requirements , safety, sanitation and fire prevention under the current rules.
b) means of transport must be equipped to shield against causing dust, scattered, ensure the requirements on the protection of the environment when in traffic.
c) location, location of the port and dock export coal, coal recipients must match with the local Harbor master plan, there are coal, container loading equipment for bottling up means of transport safety, to take measures to protect the environment.
d) stockpile of coal, the coal business stores, stations must have a separate container box to accommodate each type of coal; the location must match with the local construction planning, ensuring the environmental requirements, order road safety according to current rules. For automatic coal burning must take measures, the means of fire-fire-fire-fire protection agency local licensing and inspections.
DD) managers, technical staff and direct coal sales staff, employees perform services the coal business must have a certificate of practice issued under the current rules.
4. enterprises are only allowed the coal business of legal origin.
Article 5. Management responsibility 1. Directorate for energy (Industry) is responsible for chairing and coordinating with The clue, local branches involved periodically inspect the observance of the provisions of this circular and the legal provisions concerned.
2. actual situation of base operations, processing and trading of coal, the energy Bureau is responsible for reporting Industry to consider adjusting this circular supplements when needed.
3. Industry has the right to request to stop the coal business for business operations than to violate the provisions of this circular.
Article 6. Effective enforcement of this circular is effective as from September 1, 2013 and replaces circular No. 04/2007/TT-BCT on October 22, 2007 of the coal business conditions instructions.
Article 7. Implementation of State management bodies and business activities related to the business 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./.