CIRCULAR guide doing 43 environmental protection law on standards, conditions of imported scrap trading _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on environmental protection on November 29, 2005;
Commercial Law base on June 14, 2005;
Pursuant resolution No. 01/2007/QH12 on July 31, 2007 of the National Assembly of the Socialist Republic of Vietnam tags XII, the first session of the Organization of the Government and of the Deputy Prime Minister the key term XII;
Pursuant to Decree No. 86/2002/ND-CP dated 5 November 2002 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 from the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
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.
Industry, the Ministry of natural resources and the environment guide doing 43 environmental protection law on standards, the business conditions of the Organization, the individual is traders (later known collectively as đõy traders) imported scrap as follows: i. the OBJECT and CONDITIONS of IMPORTED SCRAP BUSINESS 1. Imported scrap object: a) the trader has direct manufacturing facility using imported scraps as raw materials, production recycling.
b) traders import scrap mandate for direct traders use scrap as raw materials, production recycling.
c) traders import scrap to distribution for direct traders use scrap as raw materials, production recycling.
2. Conditions of imported scrap: a) the trader has direct manufacturing facilities that use scrap as raw materials production, recycling must be eligible under the provisions of clause 2 Article 43 of the law on environmental protection.
b) traders import scrap mandate for direct traders use to scrap import contract signed with the mandate of direct merchants use scrap as raw materials production, recycling of eligible specified in point a of this paragraph.
c) traders import scrap to distribution for direct traders use scrap as raw materials, production recycling must: have a warehouse reserved for the concentrated waste materials ensure the environmental conditions prescribed in points a, b, item 2 Article 43 of the law on environmental protection in the owner or long-term rental from 1 year upwards and are sold out imported scrap after 3 months from the date of import of scrap to the Vietnam border gate.
3. list of imported scrap material produced by the Ministry of natural resources and the environment.
4. Prohibited items import and import conditions according to Decree No. 12/2006/ND-CP on January 23, 2006 Government "detailing the trade Enforcement Act of purchase and sale of goods and international dealers buying, selling, processing and transiting goods with foreign countries" is not subject to this circular.
II. Procedure For GRANTING ELIGIBILITY CONFIRMATION SCRAP IMPORTS 1. Traders eligible as defined in clause 2 of this circular section I posted records of the Department of natural resources and the local environment where production facilities or warehouses, waste dump to be granted qualified certification of imported scrap, records include: a) grant proposal Application eligibility certification of imported waste materials according to the model (Appendix No. 1).
b) a copy of the approval decision report environmental impact assessment certificate or A commitment to protect the environment or the votes to confirm registration of the environmental standards of the traders directly produced using waste materials of repository dump the scraps.
c) a copy of the environmental monitoring report the most recent batch, but not more than 12 months as of the date the proposal granting the confirmation (for traders) or a copy of the contract of sale of the imported scrap before (for traders import scrap to distribute).
2. Within a period of 15 (fifteen) working days from the date of receipt of a valid application, the Department of natural resources and the environment testing and certification level eligible scrap import form (annex No. 2) value in 12 months from the date of issue or have written notice of reasons not to grant qualified certification of imported scrap metal.
3. where the trader has the production facilities and warehouses containing waste materials in several provinces, the central cities must prepare grant proposals qualified certification of imported scrap metal for each facility, warehouse in each province, city.
III. procedure for IMPORT SCRAP scrap import procedures made at the Customs gate. In addition to the vouchers under the provisions of the customs law, import of scrap merchants are presented to the Customs office the following documents: 1. for the traders have production facilities directly importing scrap as raw materials, production recycling: a) copy of certificate of eligibility of imported scrap is the Department of natural resources and the environment where the production facility level ( import traders to sign and take responsibility).
b) a copy of the notice to import scrap as raw materials production that sent to the Department of natural resources and the environment the provincial level as stipulated in point b, paragraph 3, article 43 of the law on the protection of the environment according to the model (annex No. 3).
2. for cỏc import traders mandated: a) the import contract signed with mandate direct traders use scrap as raw materials, production recycling.
b) certificate copy eligible imported scrap is the Department of natural resources and the environment, where the manufacturing base of traders import scrap level mandate (mandate import traders to sign and take responsibility).
c) a copy of the notice to import scrap as raw materials production that sent to the Department of natural resources and the environment the provincial level as stipulated in point b, paragraph 3, article 43 of the law on the protection of the environment according to the model (annex No. 3).
3. for import scrap merchants to distribute: a) certificate copy eligible imported scrap is the Department of natural resources and the environment where the most recent inventory, scrap dump level (import traders to sign and take responsibility).
b) If arsenal dump imported scrap, not owned by traders import scrap then also copy the paper confirm the eligibility of imported scrap, by Member nguyờn and the environment where the most recent inventory, scrap dump level, also must present a copy of warehouse lease.
c) a copy of the notice to import scrap as raw materials production that sent to the Department of natural resources and the environment the provincial level as stipulated in point b, paragraph 3, article 43 of the law on the protection of the environment according to the model (annex No. 3).
IV. Terms Of ENFORCEMENT 1. For traders: a) announced imports of scrap as raw materials produced in writing to the Department of natural resources and the environment the provincial level as stipulated in point b, paragraph 3, article 43 of the law on the protection of the environment according to the model (annex No. 3).
b) at the latest on 31 January of the following year, report the situation to import and use imported scrap last year for the Department of natural resources and the local environment where production facilities or warehouses, scrap import dump to track form (annex No. 4). Particularly for traders import scrap to distribution, the report duration is 6 months.
c) traders import scrap is responsible for the correct implementation of the provisions of this circular and the provisions in paragraph 3 to article 43 of the law on environmental protection; all violations will be handled according to the regulations in article 127 of the law on environmental protection.
2. With regard to the people's committees of provinces and cities under central: people's Committee, the city of centrally coordinated direction to check, detect, prevent, handle law violations in the import of scrap and the other rules in paragraph 4 to article 43 of the law on environmental protection.
3. With regard to resources and environment of the province, central cities: a) the Department of natural resources and the environment where the production facilities or warehouses, dump the scrap is responsible for inspection and certification level eligible to import scrap to organizations, individual needs. Valuable certifications in 12 months.
b) periodic inspections and environmental protection for the institutions and individuals importing and using imported scraps as raw materials production, recycling (including the maintenance of eligible importing scrap) and have the right to revoke the certificate of eligibility if the scrap imports in violation of the conditions prescribed.
c) annual, aggregate and report the situation of imported scrap metal for the Ministry of natural resources and the environment and environmental issues related to import scrap in their local form (Appendix No. 5).
4. This circular have effect after 15 days from the Post Gazette.
In the process, if any problems arise or difficult obstacles, the Agency held a timely reflection of Industry, the Ministry of natural resources and the environment to timely resolve./.