THE
MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
08/2008/TT-BCT
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Hanoi,
June 18, 2008
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CIRCULAR
GUIDING THE EXPORT OF MINERALS
Pursuant to the Government's Decree
No. 189/ 2007/ND-CP of December 27, 2007, defining the functions, tasks, powers
and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 12/ 2006/ND-CP of January 23, 2006,
detailing the implementation of the Commercial Law regarding international
goods trading and goods trading agency, processing and transit with foreign
parties;
Pursuant to the Government's Decree No. 160/ 2005/ND-CP of December 27, 2005,
detailing and guiding the implementation of the Law on Minerals and the Law
Amending and Supplementing a Number of Articles of the Law on Minerals;
The Ministry of Industry and
Trade guides the export of minerals as follows:
I. OBJECTS OF
APPLICATION
Minerals specified in this
Circular are solid minerals, including metal minerals, non-metal minerals and
industrial minerals.
Petroleum oil, natural gas,
natural hydrate, mineral water, natural thermal water, minerals used as
construction materials and minerals used as raw materials for cement production
are not governed by this Circular.
II.
INTERPRETATION OF TERMS
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1. VILAS standards are standards
set by the Vietnam Laboratory Accreditation Scheme. Laboratories meeting VILAS
standards are those having the quality management system under ISO/ IEC 17025,
equivalent to TCVN ISO/IEC 17025:2001. VILAS certificates shall be granted by
the Bureau of Accreditation under the Directorate for Standards and Quality.
2. State agencies competent to
grant mineral mining or processing licenses include the Ministry of Industry
(before November 11, 2002), the Ministry of Natural Resources and Environment
(from November 11, 2002), or People's Committees of provinces or centrally run
cities (below referred to as provincial-level People's Committees).
3. Processing means a process of
removing impurities and increasing the content of useful mineral element(s) in
crude minerals in order to acquire mineral products with specifications,
standards and content meeting the requirements of the subsequent deep
processing (refined ores); or a process of processing crude minerals or refined
ores (not yet into metal products, alloys or chemical compounds) to meet
specifications and use requirements through the application of one or more of
the following methods:
- Hand sorting.
- Washing; grinding-sieving for
classification based on granule size.
- Gravity sorting; magnetic
sorting; electrical sorting; chemical sorting.
- Other mechanical or
thermological methods (such as removing rim rock, sawing- cutting,
breaking-grinding, drying, agglomerating, caking, etc.)
III.
PROVISIONS ON THE EXPORT OF MINERALS
1. Domestically mined minerals
may be exported only if they simultaneously satisfy the following requirements:
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b/ Having been processed up to
quality standards and meeting the conditions specified in Appendix 2 to this
Circular. The quality standards of minerals for which a certain percentage of
metal is required must be certified by laboratories meeting VILAS standards.
Minerals listed in column2of
Appendix land Appendix 2 which are extracted from mines or mine spots not
listed in column 3 of Appendix 1 and meet the standards and conditions
specified in Appendix 2 may be freely exported.
2. Only enterprises may export
minerals. Mineral exporters are enterprises set up under law, fully meeting the
conditions specified in the Commercial Law regarding goods import, export,
processing and trading agency with foreign parties, and satisfying one of the
following conditions:
a/ Having valid mineral mining
licenses or mineral salvage extraction licenses, granted by competent
state agencies.
b/Having valid mineral processing
licenses and contracts on the purchase of minerals for processing, signed with
organizations or individuals possessing licenses specified at Point a of this
Clause.
c/ Having contracts on the
purchase of minerals for export, enclosed with copies of value-added invoices,
or contracts on the entrusted export of minerals, signed with organizations or
individuals possessing licenses specified at Points a and b of this Clause.
d/ Having adequate valid
documents on the purchase (or auction) of minerals confiscated and sold by
competent state agencies.
3. In case of importing minerals
for processing and export, exporters must have adequate valid documents proving
that exported minerals originate from the import.
4. The export of minerals by
temporary import for re-export or processing for foreign traders must comply
with the Government's Decree No. 12/ 20067NB-CP of January 23, 2006, detailing
the implementation of the Commercial Law regarding international goods trading
and goods trading agency, processing and transit with foreign parties.
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IV. REFORTING
ON THE EXPORT OF MINERALS
1. Mineral exporters shall
report the results of export of minerals and be held responsible for the
accuracy and truthfulness of reported data and information.
2. A report on the export of
minerals has the following details:
a/ Kinds, volumes and export turnover
of minerals.
b/ The origin of exported
minerals; the observance of regulations on the export of minerals.
3. Reporting on the export of
minerals is specified as follows:
a/ Reports on the export of
minerals shall be made biannually and annually. Biannual period is counted from
January 1 to June 30 of the year of reporting. Annual period is counted from
January 1 to the end of December 31 of the year of reporting.
b/ Mineral exporters shall,
apart from observing the reporting requirements specified at Point a of this
Clause, make extraordinary reports on the expert of minerals upon request of
concerned state management agencies to meet management requirements.
4. The time limit for sending a
report on the export of minerals is stipulated as follows:
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b/ Provincial-level People's
Committees shall direct functional agencies to make reports reviewing the
export of minerals under their management and to send them to the Ministry of
Industry and Trade within 15 (fifteen) days after the reporting time limit
specified at Point a, Clause 3 of this Section.
V. HANDLINGOF
VIOLATIONS
1. All acts of violating the
provisions on the export of minerals specified in this Circular shall,
depending on their severity, he sanctioned under the Government's Decree No. 06/2008/ND-CPof
January 16, 2008, on the sanctioning of administrative violations in commercial
activities, and relevant legal documents.
Exporters of minerals of illegal
origin shall be sanctioned under Item 3, Clause 4, Article 1 of the
Government's Decree No. 77/2007/ND-CP of July 29, 2007, amending and
supplementing a number of articles of the Government's Decree No. 150/ND-CP of
July 29, 2004, on the sanctioning of administrative violations in the mineral
domain.
2. State cadres and civil
servants who abuse their positions or powers to violate the provisions of this
Circular shall, depending on the severity and acts of violations, be
disciplined, administratively handled or examined for penal liability according
to law.
VI.
ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect 15
days after its publication in "CONG BAO" and replaces Circular No.
02/2006/TT-BCN of April 14,2006, of the Ministry of Industry (now the Ministry
of Industry and Trade), guiding the export of minerals, Circular No. 09/2006/TT-BCN
of November 28, ?0O6, of the Ministry of Industry (now the Ministry of Industry
and Trade), amending and supplementing the list, quality standards of, and
conditions for exported minerals attached to Circular No. 02/2006/TT-BCN of
April 14, 2006, of the Ministry of Industry (now the Ministry of Industry and
Trade), guiding die export of minerals.
2. The export of minerals used
as construction materials and minerals used as raw materials for cement
production must comply with a guiding circular of the Ministry of Construction.
Pending the issuance of this circular, the export of minerals used as
construction materials and minerals used as raw materials for cement production
provisionally continues to comply with Circular No. 02/2006/TT-BCN of April 14,
2006, of the Ministry of Industry (now the Ministry of Industry and Trade),
guiding the export of minerals.
3. For processed minerals which,
for objective reasons, are not up to the quality standards specified in
Appendix 2 to this Circular, or exported minerals which are not yet specified
in Appendix 2, mineral exporters shall report them to provincial-level People's
Committees for inspection and certification and request the Ministry of
Industry and Trade to provide guidance.
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5. When detecting violations of
the provisions on the export of minerals, provincial-level People's Committees
of localities where minerals are exported shall direct functional agencies to
inspect, rectify and handle them in time.
6. The Ministry of Industry and
Trade shall assume the prime responsibility for, and coordinate with concerned
ministries, branches and localities in, regularly inspecting the observance of
provisions on the export of minerals in this Circular and relevant provisions
of law.
7. Valid mineral export
contracts signed before the effective date of this Circular may continue to be
performed through September 30,2D08.
In the course of implementing
this Circular, exporters or concerned organizations and individuals shall
report in writing arising problems to the Ministry of Industry and Trade for consideration
and settlement.
FOR
THE MINISTER OF INDUSTRY AND TRADE
VICE MINISTER
Le Duong Quang
APPENDIX 1
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No.
Minerals
Names
of mines or localities with mines
1
Titanium ore
- Refined ilmenite ore (mineral sand and base)
- Refined rutile ore
- Refined monazite ore
- Refined zirconium powder
- Recombined ilmenite
-Titanium slag
Mines
and mine spots in Thai Nguyen, Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang
Tri, Thua Thien Hue, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa,
Binh Thuan. Ninh Thuan and Ba Ria-Vung Tau provinces
2
Lead-zinc
- Refined lead sulfide ore
- Refined zinc sulfide ore
- Zinc oxide powder
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3
Capper ore
- Refined copper ore
Mines
and mine spots in Lao Cai, Cao Bang, Yen Bai, Hoa Binh, Dien Bien, Lai Chau,
Son La, Bac Giang and Quang Nam provinces
4
Iron ore
- Refined iron ore
Mines
and mine spots in Lao Cai (including also refined magnetite ore from copper mines),
Yen Bai, Phu Tho, Ha Giang, Tuyen Quang, Cao Bang, Bac Kan, Thai Nguyen,
Thanh Hoa, Ha Tinh, Quang Binh, Quang Ngai and Gia Lai provinces
5
Manganese ore
- Refined ore
Mines
and mine spots in Cao Bang, Bac Kan, Thai Nguyen, Ha Giang, Tuyen Quang and
Ha Tinh provinces
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Bauxite ore
- Refined ore
Mines
and mine spots in southern Vietnam, and Cao Bang and Lang Son provinces
7
Chromite ore
- Refined ore
Mines
and mine spots in Thanh Hoa province
8
Wolframite ore
- Refined ore
Mines
and mine spots in Lao Cai, Cao Bang, Tuyen Quang, Thai Nguyen, Thanh Hoa,
Nghe An, Kon Tum and Lam Dong provinces
9
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10
Fluorite ore
- Refined ore
11
White limestone
- In clods
- In powder
12
Barite ore
- Refined barite ore
- Barite powder
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13
Graphite ore
- Refined graphite ore
14
Pyrite ore
- Refined pyrite ore
15
Rare earth ore
- Refined rare earth ore
Mines
and mine spots in Lai Chau, Lao Cai and Yen Bai provinces
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Nickel ore
- Nickel refined ore
Mines
and mine spots in Son La and Thanh Hoa provinces
17
Talc ore
- Talc powder
18
Quartzite stone
19
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Mines
and mine ores in Thai Nguyen, Bac Kan, Thanh Hoa and Ha Tinh provinces
20
Diatomite ore
Mines
and mine spots in Phu Yen and Lam Dong provinces
21
Apatite ore
Mines
and mine spots in Lao Cai province
22
Bentonite
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APPENDIX 2
LIST, QUALITY STANDARDS OF AND CONDITIONS FOR
EXPORTED MINERALS
(Attached to the Industry and Trade Ministry's Circular No. 08/2008/TT-BCT
of June 18, 2008}
No.
Exported
minerals
Content,
specifications
Time
limits and conditions
1
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Ti02
≥ 52%
Ores of planned mines may be
exported till the end of 2008
- Refined ilmenite ore (base)
T102
≥ 48%
Ores of planned mines may be
exported till the end of 2008
- Refined rutile ore
TiO2
≥ 83%
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- Refined monazite ore
ReO
≥ 57%
Ores of planned mines may be
exported
- Zirconium powder
ZrO2
≥ 65%
Granule size ≤ 75 µm
Ores of planned mines may be
exported
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Ti02
≥ 56%
FeO ≤ 11%
Ores of planned mines may be
exported
- Titanium slag
Ti02
≥ 85%
Ores of planned mines may be
exported
2
Lead-zinc ore
- Refined lead sulfide ore
Pb
≥:50%
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- Refined zinc sulfide ore
Zn
≥ 50%
-Zinc oxide powder
Zn
≥ 60%
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Cu
≥ 18%
4
Iron ore
-Iron ore in granules
Fe
≥ 66%
- Refined magnetite ore
Fe
≥ 60%
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- Other refined iron ores
Fe
≥ 54%
5
Manganese ore - Refined ore
Mn
≥ 30%
6
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Al2O3
≥48%
Bao Loc mine, Lam Dong
province (Southern Base Chemical One-Member Limited Liability Company) may
export ores till die end of 2008
7
Chromite ore - Refined ore
Cr2O3
≥ 42%
8
Wolframite ore - Refined ore
WO3
≥65%
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9
Mica ore
10
Fluoritc ore
- Refined ore
CaF2
>65%
11
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CaCO3
≥ 98%
Under the Construction
Ministry's guidance
- In slabs and other sizes
Under the Construction
Ministry's guidance
- In clods
1-400
mm in size
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- In powder
Granule
size < 1 mm; whiteness ≥ 90%
Limestone of planned mines may
be exported
12
Barite ore
- Refined barite ore
- Barite powder
BaSO4
≥ 70%
BaSO4 ≥ 89%,
Granule size< 1 mm
13
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C
≥ 80%
14
Pyrite ore
- Refined pyrite ore
S
≥ 30%
15
Rare earth ore
- Refined rare earth ore
Tr2O3
≥ 15%
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16
Nickel ore
- Refined nickel ore
Ni
≥ 9.5%
Ores of planned mines may be
exported till the end of 2013
17
Talc ore
- Talc powder
SiO2
≥ 30%,
MgO ≥ 20%
18
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SiO2
≥ 85%
19
Dolomite ore
MgO
≥17%,
CaO ≥ 34%
20
Diatomite ore
SiO2
≥ 50%,
Al2O3 ≥ 13%
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21
Apatite ore
- Grade-U ores of Lao Cai Apatite Company
P2O3
≥ 18-25%
Lao Cai Apatite Company may
export ores till the end of 2010, with a maximum quantity of 500,000
tons/year
- Refined ores of unplanned
mines
P2O5
≥ 18%
22
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SiO2
≥ 45%,
Al2O3 ≥ 8%
Note: Planned mines are those
listed in column 3 of Appendix I to this Circular.-