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THE MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 15/2013/TT-BCT
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Hanoi, July 15, 2013
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CIRCULAR
ON COAL EXPORT
Pursuant to the Government's Decree No. 95/2012/NĐ-CP
dated November 12, 2012, defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 15/2012/NĐ-CP
dated March 09 2012, detailing the implementation of a number of articles of
the Law on Mineral;
Pursuant to the Government's Decree No. 12/2006/NĐ-CP
dated January 23, 2006, detailing the implementation of the Law on Trade
applicable to international goods trade and the activities of agents, trading,
processing, and transiting of goods with foreign partners;
Pursuant to the Prime Minister’s Decision No. 2427/QĐ-TTg dated December 22, 2011 approving the Mineral
Strategy by 2020 and orientation towards 2030;
At the request of the Director of the General Department
of Energy;
The Minister of Industry and Trade promulgate a Circular
on coal exports;
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1. This Circular provides the list of coal, coal
quality standards, and conditions for coal export.
2. Temporary import for re-export of coal or
processing coal for foreign enterprises serving export are not regulated by
this Circular, and shall comply with the Government's Decree No. 12/2006/NĐ-CP
dated January 23, 2006, detailing the implementation of the Law on Trade
applicable to international goods trade and the activities of agents, trading,
processing, and transiting of goods with foreign partners.
Article 2. Subjects of application
This Circular is applicable to state management authorities
and enterprises engaged in coal export within Vietnam’s
territory.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. VILAS standards are standards of Vietnam Laboratory Accrediation Scheme.
2. Competent authorities are central state management
authorities (Ministries) and provincial People’s Committees.
Article 4. Conditions for coal export
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2. Coal may be exported when the conditions below are
satisfied:
a) Coal is processed and meet quality standards in Appendix I to this
Circular or equivalent standards.
b) Coal has lawful origins according to the Circular No.
14/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade on
conditions for coal trading.
c) Other regulations (if any) of the Government on export and import in
each period.
Article 5. Procedure for exporting coal
1. When following the procedure for exporting coal,
the papers below must be presented apart form the papers required by the
customs:
a) The note of sample analysis for certifying the conformity of the coal
shipment with the quality standards, issued by a laboratory that meets VILAS
standards.
b) The papers proving the lawful origin of the exported coal.
2. The papers proving the lawful origin
of the exported coal include:
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d) For coal-processing enterprises:
Certificate of investment in coal processing and contracts to buy coal
of lawful origins.
c) For coal exporters and importers: sale contracts enclosed with copies
of VAT invoices or export authorization contracts signed with the enterprises
in Point a õ Point b of this Clause; or valid invoices of purchase of coal
confiscated and liquidated by competent authorities.
3. During the customs clearance procedure, if the
coal shipment is suspected of inconformity with quality standards according to
this Circular, the checkpoint customs may grant customs clearance and take coal
samples for testing. The testing shall be carried out by a laboratory that
meets VILAS standards. If the test result shows confirm the suspicion, the
exporter shall incur administrative penalties in accordance with current laws
and bear the testing cost. If the test result shows that the shipment is
conformable with quality standards, the testing cost shall be incurred by the
checkpoint customs.
Article 6. Reporting coal export
1. Contents of a report on coal export
a) The kinds, volume, and turnover of coal export; origins of exported
coal.
b) The compliance with regulations on coal export.
2. Reporting regime:
Coal exporters shall report the export every 6 months (at the beginning of
Q1 and Q3). Reports shall be sent to the Ministry of Industry and Trade,
Services of Industry and Trade, Services of Natural Resources and Environment
where coal is exported.
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4. Coal exporters shall make unscheduled reports on
coal export at the request of competent authorities to serve the management.
Article 7. Responsibility for management
1. The General Department of Energy (the Ministry of
Industry and Trade) is in charge and shall cooperate with the relevant
Ministries, agencies and local governments in periodically inspecting the
implementation of this Circular and relevant laws.
2. Depending on the practical coal mining, processing and trading, the General Department of Energy shall
request the Ministry of Industry and Trade to amend this Circular where
necessary.
Article 8. Effect
This Circular takes effect on September 01, 2013 and
supersedes the Circular No. 05/2007/TT-BCT dated October
22, 2007 of the Ministry of Industry and Trade on coal export.
Article 9. Implementation
1. Depending on the demand for coal, coal mining, and
coal processing in Vietnam, the Ministry of Industry and Trade shall consider
adjusting the list, conditions, and quality standards of exported coal.
2. The valid coal export contracts (according to the
Circular No. 05/2007/TT-BCT dated October 22, 2007 of the
Ministry of Industry and Trade on coal export) that are signed before this
Circular takes effect may still be executed until their expiration.
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4. State management authorities and enterprises engaged in
coal export are responsible for the implementation of this
Circular. Difficulties that arise during the implementation should be reported
in writing to the Ministry of Industry and Trade for consideration and
settlement./.
PP THE MINISTER
DEPUTY MINISTER
Le Duong Quang