|
THE
MINISTRY OF INDUSTRY & TRADE
THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
--------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------
|
|
No.
02/2007/TTLT-BCT-BTNMT
|
Hanoi,
August 30, 2007
|
JOINT CIRCULAR
GUIDING
THE IMPLEMENTATION OF ARTICLE 43 OF THE LAW ON ENVIRONMENTAL PROTECTION WITH
RESPECT TO BUSINESS STANDARDS AND CONDITIONS FOR SCRAPS IMPORT.
Pursuant to the Law on
Environmental Protection dated November 29, 2005;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to the Resolution No. 01/2007/QH12 7 dated July 31, 2007 through
National Assembly of Socialist Republic of Vietnam corner XII, the first
session on organizational structure of Government and the number of Deputy
Prime Minister tenure of corner VII
Pursuant to the Decree No. 86/2002/ND-CP dated November 5, 2002 of Government
regulating functions, tasks, powers and organizational structure of ministries,
ministerial-level agencies;
Pursuant to the Decree No. 91/2002/ND-CP dated November 11, 2002 of Government
regulating functions, tasks, powers and organizational structure of the
Ministry of Natural Resources and Environment;
Pursuant to the the Decree No. 12/2006/ND-CP dated January 23rd 2006
of Government detailing implementation of Commercial Law regarding
international goods trading activities of agencies buying, selling, processing
and transiting goods with foreign countries;
The Ministry of Industry & Trade, Ministry of Natural Resources and
Environment guide the implementation of Article 43 under the Environmental
Protection Law on standard and business condition of organization or individual
who is trader (hereafter referred to as trader) importing scrap as follows:
I. SUBJECT
AND BUSINESS CONDITION FOR SCRAPS IMPORT:
1. Subject is
able to import scraps:
a) Trader
owns a production base that directly use imported scrap as raw material for
production and recycling.
b) Trader
imports scrap for mandate to merchant directly using scraps as raw material for
production and recycling.
c) Trader
import scrap and then distribute to merchant directly using scraps as raw
material for production and recycling.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Trader
owns a production base that directly use imported scrap as raw material for
production and recycling in accordance with provisions in Clause 2, Article 43
of the Law on Environmental Protection.
b) Trader
imports scrap for mandate to merchant directly using scraps must have
consignment import contract signed with trader directly using scraps as raw
materials for production and recycling in accordance with provisions at Point a
of this paragraph.
c) Trader
import scrap for distribution to merchants directly using scraps as raw
materials for production and recycling must:
There is a
warehouse for collection of scraps, to ensure environmental conditions as
stipulated in Point a, b, Clause 2 of Article 43 under the Law on Environmental
Protection, this warehouse belongs to trader or lease of 01 year upwards and
imported scrap must be sold after 03 months from the date when imported scrap
come to Vietnam's border gates.
3. List of
scrap allowed importing as raw materials for production is issued by Ministry
of Natural Resources and Environment.
4. Other
commodities banned to import and import conditions under Decree No.
12/2006/ND-CP dated January 23rd, 2006 of Government detailing implementation
of the Commercial Law regarding international goods trading activities and
activities of agencies buying, selling, processing and transiting goods
with foreign countries are not subjects for adjustment of this Circular.
II.
PROCEDURE OF GRANTING THE CERTIFICATE OF ELIGIBILITY FOR SCRAP IMPORT:
1. Trader is
eligible for provisions in Clause 2, Section I of this Circular shall send dossier
to the Department of Natural Resources and Environment in locality where
production base and warehouse storing scrap locate to be granted certificate of
eligibility for scrap import, record comprising:
a) An
application for certificate of eligibility for scrap import by form (Appendix
01).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A copy of
environmental monitoring report at the latest round, but not exceeding 06
months prior to the date of proposing issuance of certificate (for production
trader) or copies of sale contracts of previous import term (for trader
importing scrap for distribution).
2. Within 15
(fifteen) working days after receiving full of valid dossiers, Department of
Natural Resources and Environment shall inspect and grant certificate of
eligibility for scrap import form (Appendix 02) that is valid in 12 months from
the date of issuance or of a written notice of reasons for not granting a
certificate of eligibility for scrap import.
3. In case
where traders have the production bases and warehouses in many provinces and
cities directly under Central Government must set up a dossier to propose
certificating eligibility for scrap import for each production base, warehouse
in each province and city.
III.
PROCEDURE OF SCRAP IMPORT:
Scrap import
procedure shall be carried out at border-gate customs. In addition to documents
under provisions of the Law on Customs, trader importing scrap must present to
customs office the following documents:
1. Traders
with production bases that directly import scrap as raw material for production
and recycling:
a) A
copy of certificate of eligibility for scrap import granted by Department of
Natural Resources and Environment in where production base locate (trader
importing scrap shall certify and take responsibility).
b) A Copy of
Notice of scrap import as raw materials for production and to send to
Department of Natural Resources and Environment at provincial level in
accordance with Point b, Clause 3, Article 43 of the Law on Environmental
Protection by form (Appendix 03).
2. Traders
import for mandate:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A copy of
certificate of eligibility for scrap import granted by Department of Natural
Resources and Environment in where the production base of trader mandating
scrap import locate (trader mandating import shall certify and take
responsibility).
c) A copy of
Notice of scrap import as raw material for production and to send to Department
of Natural Resources and Environment at provincial level in accordance with
Point b, Clause 3, Article 43 of Law on Environmental Protection by form
(Appendix 03).
3. Traders
importing scrap for distribution:
a) A copy of
certificate of eligibility for scrap import granted by Department of Natural
Resources and Environment in where warehouses, scrap’s yard locate (importers
certify and take responsibility).
b) If the
warehouse, scrap’s yard storing imported scrap is not owned by trader importing
scrap, in addition to the copy of certificate of qualification for scrap import
granted by Department of Natural Resource and Environment in where warehouse,
scrap’s yard locate, also must present copy of a warehouse lease contract.
c) A copy of
Notice scrap import as raw material for production and then to send to
Department of Natural Resources and Environment at the provincial level in
accordance with Point b, Clause 3, Article 43 of the Law on Environmental
Protection by form (Appendix 03).
IV.
IMPLEMENTATION PROVISIONS:
1. For
traders:
a) To inform
Department of Natural Resources and Environment at the provincial level
of scrap import as raw materials for production in writing in accordance
with Point b, Clause 3, Article 43 of the Law on Environmental Protection by
form (Appendix 03 .)
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Trader
importing scrap shall comply with provisions of this Circular and provisions of
paragraph 3 of Article 43 of the Law on Environmental Protection, any violation
will be handled in accordance with Article 127 of the Law on Environmental
Protection.
2. For
People's Committees of provinces and cities directly under the Central
Government:
People's Committees
of provinces and cities under direct Central Government shall coordinate to
inspect, detect, prevent and handle law violations in the scrap import and
other provisions in paragraph 4, Article 43 of the Law on Environmental
Protection.
a) Department
of Natural Resources and Environment where the production base or warehouse,
scrap’s yard shall be responsible for inspection and certificate of
qualification for scrap import for organizations and individuals’ need.
Certificate is valid for 12 months.
b) To
periodically and unexpectedly inspect environment work towards organizations
and individuals importing and using imported scrap as raw materials for
production, recycling (including the maintenance of eligibility for scrap
import) and to revoke certificate of eligibility for scrap import when
detecting violations of conditions specified.
c) Annually,
to review and report scrap import situation to Ministry of Natural Resources
and Environment and other environmental issues related to imported scrap in their
local by form (Appendix 05).
4. This
Circular takes effect 15 days after its publication in "CONG BAO".
In the
process of implementation, if any problems or difficulties arise, institutions,
and organizations promptly report to Ministry of Industry and Trade, Ministry
of Natural Resources and Environment for timely resolution.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ON
BEHALF OF MINISTER OF NATURAL RESOURCES & ENVIRONMENT
DEPUTY MINISTER
NGUYEN CONG THANH