CIRCULAR guide mineral exports made building materials _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 17/2008/ND-CP DATED April 2, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 160/2005/ND-CP on December 27, 2005 by the Government detailing and guiding the implementation of the law on amending Law, minerals and supplement some articles of the law on mineral resources;
Pursuant to Decree No. 12/2009/ND-CP dated 22 January 2009 the Government's additional amendment of some articles of Decree No. 160/2005/ND-CP on December 27, 2005 by the Government detailing and guiding the implementation of the law on amending Law, minerals and supplement some articles of the law on mineral resources;
Pursuant to Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the trade Enforcement Act of purchase and sale of goods and international dealers buying, selling, processing and transiting goods with foreign countries;
Pursuant to Decree No. 77/2007/ND-CP on 10 May 2007 the Government amended a number of articles of Decree No. 150/2004/ND-CP dated 29 July 2004 of the Government regulations on administrative sanctions in the field of mineral resources;
Pursuant to decision No. 148/2008/QD-TTg dated 28 November 2008 by the Prime Minister on the approval of the planning of exploration, extraction, processing and use of mineral construction materials made in Vietnam the period to 2020;
The building instructions the export of mineral building materials as follows: Item 1 SCOPE and OBJECT the APPLICATION of article 1. This circular to adjust the activities related to the export of mineral building materials, mineral as raw materials for cement production and mineral do conventional building materials (hereinafter referred to as mineral construction materials do).
Article 2. This circular applies to organizations and individuals in the country and foreign traders (hereinafter referred to as the Organization, individuals) qualify under the provisions of the law on trade involved the export of mineral construction materials made in Vietnam.
Section 2 EXPLAINS the WORDING of article 3. In this circular, the terms below are interpreted as follows: 1. State bodies have the authority to license the extraction, mineral processing license do the building material is the Ministry of industry (November 2002), Ministry of natural resources and environment (11 November 2002) and the people's committees of provinces , central cities (hereafter referred to as the provincial PEOPLE'S COMMITTEE).
2. processing is the process of sorting operations, mineral or other activities aimed at achieving the standard, specification, meet the requirements of content increases the value of the minerals.
3. Minerals Limited is suspended mineral exports exports.
4. Sand is the natural sand in mining, rivers, streams (except white sand Sandy sandy, salty; Silicon) used in construction to pour concrete, masonry, plastering, Bowl, making roads and leveling in the category of mineral building materials made with conventional SiO2 < 85%.
5. construction Stones are natural stones derived magma, metamorphic and sedimentary mineral catalog in making building materials usually are battered, crushed and classified by size used in construction to pour concrete, masonry walls, do the roads.
Section 3 of the REGULATIONS on the EXPORT of MINERAL CONSTRUCTION MATERIALS MADE of article 4. The category of mineral export is allowed; export restrictions 1. Minerals are allowed to export is minerals is not in the list of export restrictions are recorded in paragraph 2 of this article.
2. list of mineral export restrictions: a) limestone, additives in the mines in the planning of exploration, extraction, processing, as raw materials for cement production by decision No 105/2008/QD-TTg dated 21 July 2008 by the Prime Minister and in the mine was added to allow Prime Minister planning;
b) clay;
c) Felspat (jelly);
d) sand;
DD), gravel, types of hotels;
e) stone building in the mines in the provinces of East and West.
Article 5. The condition of mineral construction materials are allowed to export 1. Minerals mined from the mines mining permits or mining licenses to take advantage of currency is valid by the competent State bodies.
2. Minerals by the competent State authorities confiscate commercial and have a valid voucher purchase or auction.
3. salty Sand is mined recovered from the dredging, the Pine River Channel, off the mouth of the River, the river port bordering the sea, there are project authority approval and verification of the amount of sand exports outside of local needs.
4. in case of mineral export restriction list but wishing to export, the export permit by the Prime Minister to decide.
5. in case of non-mineral export restriction list but at the time of export demand that could affect the balance of supply-in the water, the suspension of exports due to the Prime Minister to decide.
6. the temporary import minerals, re-export or import for processing and export or import to machining, processing for foreign traders are made according to the provisions of Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the trade Enforcement Act of purchase and sale of international goods agent activities and purchasing , selling, processing and transit to foreign countries.
Article 6. The processing conditions and the standard of quality construction material made of mineral exports (excluding temporary minerals import, re-export) minerals must be processed and quality standards as defined in annex 1 of this circular. Laboratory analysis results indicators, management of mineral, must be laboratory LAS-XD or equivalent or higher certification.
Article 7.  Conditions for the Organization of individual mineral exports, the Organization, individuals are allowed to export minerals when the conditions prescribed by the law on trade.
Article 8.  Profile export minerals include: 1. The records prescribed in the law on trade.
2. The results of experiments, analysis of the provisions of article 6 of this circular.
3. The specific circumstances are defined as follows: a) for organizations, individuals exporting minerals mining and processing by itself must have a notarized permit extraction, mineral processing license validity by the competent State agencies;
b) for organizations and individuals to purchase minerals have to export must have certified copies of licences and permits extraction processing of the seller by the competent State agencies offer valid until time of processing and mining acts;
c) for organizations and individuals to buy minerals for export processing must have a notarized permit exploitation of the seller and permits mineral processing by the competent State organs as defined in point b of this paragraph;
d) for the purchase of mineral case record in points b and c of this paragraph must accompany economic contracts and copies of tax bills for medical value.
Item 4 REPORTS on MINERAL EXPORTS MADE BUILDING MATERIALS article 9.  Report mode 1. The Organization, the individual mineral exporter must establish reports of provincial PEOPLE'S COMMITTEES; The provincial PEOPLE'S COMMITTEE report submitted to the Ministry of construction to the synthesis report from the Prime Minister.
2. The report is established periodically six months, one year or irregularly at the request of the competent State agencies; 6 month recurring reports of the Organization, the individual mineral exports sent to the provincial PEOPLE'S COMMITTEE not later than July of the year and the annual report not later than February 5, 1 of the following year. Similar provincial PEOPLE'S COMMITTEE's report submitted to the Ministry of construction not later than 15 July of the year on Jan. 15, and the following year.
3. Content of the sample reports to the report are specified in Appendix 2 of this circular.
Section 5 INSPECTION and HANDLING VIOLATION of article 10. The provincial PEOPLE'S COMMITTEE has the responsibility for directing the relevant authorities examined periodically or irregularly the export of mineral construction materials made in accordance with the law.
Article 11. The Ministry of construction in coordination with the ministries concerned organized periodically check or irregular legal Executive jobs in the export activities of mineral construction materials made in the local.
Article 12. Organizations and individuals violating the provisions of this circular, depending on the level and violations can be disciplined, administrative handling, damages or prejudice criminal liability under the law.
Item 6 IMPLEMENTATION article 13. This circular has the effect after 45 days from the date of signing and replace the content related to the export of mineral construction materials made of circular No. 02/2006/TT-BCN on April 14, 2006 of Ministry of industry (now the Ministry of industry and trade) of mineral export Guide.
The qualified export contracts are made prior to the date of this circular effect, be continued until the end of the contract.
Article 14. The provincial PEOPLE'S COMMITTEE chairmanship, tasked for the departments in the implementation of the content of this circular; requests the institutions, individual mineral exports made construction materials strictly implement the provisions of this circular and the relevant applicable law.
Article 15. The building hosted, in cooperation with the ministries involved in directing, urging the implementation of export activities of mineral construction materials made in the locality according to the content of this circular and the relevant law.
Article 16. Every year, the actual situation of base operations, processing, domestic needs and export situation of mineral building materials, The construction review, adjustment and additional problems arise when needed.
Article 17. In the process if there are obstacles or arise should reflect timely written on The building to look at, handle./.