Circular 41/2012/tt-Bct: Regulations On The Export Of Minerals

Original Language Title: Thông tư 41/2012/TT-BCT: Quy định về xuất khẩu khoáng sản

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MINISTRY OF COMMERCE
Number: 41/2012/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 20, 2012

IT ' S SMART

Mineral export regulation

_____________

Base of Protocol 95 /2012/NĐ-CP on November 12, 2012 of the Prime Minister ' s Office on the stipulation of functions, duties, powers and organizational structure of the Ministry of Commerce;

Base of Protocol 15 /2012/NĐ-CP March 9, 2012 of the Government Regulation law enforcement of certain provisions of the Mineral Law;

Base of Protocol 12 /2006/NĐ-CP 23 January 2006 of the Government regulates the implementation of the Commercial Law on International Procurement Of Goods and Trade, Sales, Public and Public Administration activities with foreign countries;

Decision base 2427/QĐ-TTg on December 22, 2011 by Prime Minister approx the mineral strategy by 2020, vision by 2030;

The Base Directive No. 02/CT-TTg on 9 January 2012 of the Prime Minister on the strengthening of state management works on exploration, exploitation, processing, use and export of minerals;

On the recommendation of the Heavy Industries Chief,

The Minister of Industry for the Ministry of Commerce issued the provisions of the mineral exports as follows:

What? 1. The adjustment range

1. This information specifies the category, standard, mineral quality of export and mineral export conditions.

2. mineral exports include: metal minerals, non-metal minerals, minerals as industrial minerals.

Coal, petroleum, natural gas, condenate, ice, mineral water, natural hot water, minerals as construction materials, minerals that produce cement, alloys, metals, are not part of this information.

3. The export of the mineral according to the method of re-exporting or receiving the processed public for foreign traders for export is done by regulation at the UN Digital Protocol. 12 /2006/NĐ-CP 23 January 2006 of the Government regulates the implementation of the Commercial Law of Trade in International Procurement and the activities of purchasing, selling, macho, and transit of goods with foreign countries. When the new decree replaced the digital decree 12 /2006/NĐ-CP The export of minerals in this paragraph will follow the new decree.

What? 2. Subject applies

It applies to state and business management agencies that are associated with mineral exports.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. VILAS standard : As the standard of Vietnam Laboratory Accreditation Scheme.

2. The state agency has jurisdiction: It is the central state governing body (ministries) and the People's Committee of the Provinces, the Central City of Central (UBND).

3. Mineral processing : Being the process of using separately or incorporating the mechanical-rationalized methods to degrade mineral properties in order to create one or more products in the form: starch, metals, alloys, chemical compounds, industrial minerals, properties, properties, and minerals. a suitable requirement for use, whose value is used and the commercial value is higher than the original mineral.

What? 4. mineral export conditions

1. Only businesses are allowed to export the mineral. The mineral export business is the established and operating business under the provisions of the Corporate Law, which is eligible under the provisions of the Commercial Law of exporting, importation, macho, and dealers purchasing goods with foreign countries.

2. The mineral is allowed to export when responding to the following conditions:

a) It has been processed and named in the category at the Appendix to this message.

b) The standard of quality is not lower than that of the Appendix to this message.

c) There is a legal origin, namely:

-mined from mines, the mine has a mining license, the revenue extraction permit issued by the state agency with a competent authority, also in effect; or

-legally imported; or

-The state government has the authority to confiscate and trade.

Imported mineral minerals (for re-export or for export-export processing) are considered legal when there is a confirmed importation of imported mineral goods by the store.

For mineral confiscation, trade, there must be evidence from the following: The invoice for the sale of the property, the treasurer, the Stock Exchange, the Table of Transactions of the Administrative infringements of the auction of the auction (a copy of the required certificate).

What? 5. mineral export procedure

1. Enterprise as a producer of mineral exports, in addition to the implementation of the Customs regulations, must publish the following types of papers:

-Sample analysis to confirm the standard, quality of the export shipment quality, as a test room reached the standard VILAS standard.

-The profile proves the legitimate source of the export mineral, namely:

a) For the mining business of mineral exploitation: The extraction permit or the extraction permit is valid.

b) For the business of mineral processing: The certificate of the investment of the processing plant and the mineral purchase contract of the legal mineral mining business or the certificate from valid mineral imports (the case of the business using mineral materials) Import of the specified code at Section 2 Article 4).

c) For business trade business export-import business: Contract purchase contracts with a copy of the added value bill or the contract for the export of mineral exports to the business stated in Section a) and b) of this clause; or evidence from It is valid for the procurement of the mineral by the state agency, which has been confiscated by the state agency (the provisions of Section 2 Article 4).

2. As the customs procedure, if the Grocery Store has a database of mineral shipments that do not reach the standard quality standard at this Smart, has the right to remain objective, while also conducting the Border and sampling of the mineral for testing. Come on. The inspection was conducted by a test room that reached the standard VILAS standard. If the test results confirm the question, the export business should be subject to the existing regulations and is subject to the cost of testing. If the test results show that the shipment reaches the standard quality standard, the trial costs are due to the store.

What? 6. School of Distinction

1. For the following cases, if the business is required to export the mineral it must report a provincial UBND (where the mineral is mined, processed) to UBND to organize the inspection, confirm and have the text of the Ministry of Commerce review, addressing:

-The mineral is named in the exported category, which has passed the processing but cannot reach the standard quality standard due to the objective cause (such as: due to the mineral geology, minerals is the additive product recovered during the mineral processing process). It ' s the tailback ore that ' s recovered, but the current level of technology is not able to elevate the content. ...)

-The mineral inventory of mines has a mining license but is out of force.

-The mineral does not belong to the exported category, but in the country there is no consumption or no consumption.

-The mineral exports to the convection of importing the goods required for domestic production needs.

On the basis of the proposed text of the provincial UBND, the Ministry of Commerce presided over, in coordination with the relevant authorities, deciding each case.

What? 7. Mineral export report

1. The report content implementation of the mineral export includes:

-Results on race, volume, mineral export tranche, export mineral origins.

-The situation is about the regulations of mineral exports.

2. The report made the mineral exports of 2 types:

-Report of the mineral export business: periodically. The business of reporting by the Provincial People's Committee is subject to the requirements of the local government. The report was sent to the Department of Commerce, the Department of Natural Resources and the Environment where the business carried out the export of the mineral.

-A composite report by the Provincial People's Committee (or the functional body assigned by the People's Committee of the Provincial People's Committee) where the mineral is exported: is periodically set annually (with the time mark made from 1 January to the end of December 31) and sends a deposit. about the Ministry of Commerce before January 15 of the next year (Chart 01).

3. The mineral export business is responsible for the accuracy, honesty of the data, the report information.

4. When the state agency has the authority to request a groundbreaking report on the mineral export situation to serve the management business, the mineral export business is responsible for that requirement.

What? 8. Managing responsibility

1. The Heavy Industry (Ministry of Industry) is responsible for the presiding and coordination of coordination with ministries, industry and local-related organizations that examine the acceptance of the regulations on mineral exports by this Information and the regulation of the federal law. Yeah.

2. The actual situation base of mining operations, processing, domestic consumption and mineral exports, the Heavy Industry is responsible for reporting the regulator, compleming this Information as needed.

What? 9. Effect of execution

This message came into effect on February 04, 2013 and replaces the Digital Digital. 08 /2008/TT- BCT on 18 June 2008, of the Ministry of Commerce for the export of mineral exports.

What? 10. The organization performs

1. Valid mineral export contracts (according to Digital) 08 /2008/TT-BCT June 18, 2008, of the Ministry of Commerce's June 18, 2008, it is valid, but not contrary to Directive No. 02/CT-TTg on 9 January 2012.

2. The export of some of the legally mined minerals, which is in stock of 2012 (to resolve the difficulty for the business) to carry out the direction of the Prime Minister, the regulation of the Ministry of Commerce and the direction of the Ministry of Commerce.

3. The Ministry of Commerce has the right to request a halt to the export of the mineral to the export business that is found in violation of the provisions of this Information.

4. State and state-owned management agencies are involved in the export of the mineral responsible for the implementation of this Information. In the course of execution if there is an entangrium, the agencies, the business reflects in time with the text of the Ministry of Commerce for review, handling ./.

KT. MINISTER.
Chief.

(signed)

Quang Yang Quang