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THE MINISTRY OF INDUSTRY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 02/2000/TT-BCN
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Hanoi, May 31, 2000
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CIRCULAR
GUIDING THE EXPORT AND IMPORT OF COMMODITY MINERALS IN 2000
Pursuant to the Minerals Law of March
20, 1996 and Decree No. 68/CP of November 1st, 1996 of the Government detailing
the implementation of the Minerals Law;
In implementation of Decision No.242/1999/D-TTg of December 30, 1999 of the
Prime Minister on the management of exports and imports in 2000;
After consulting the Ministry of Trade,
The Ministry of Industry provides the following guidance on the export and
import of commodity minerals in 2000:
I. INTERPRETATION OF TERMS
The commodity minerals mentioned in
this Circular include the minerals lawfully exploited and processed by
organizations and individuals under provisions of legislation on minerals and
commodity minerals subject to normal trading on the international market
(except oil and gas).
Hereunder commodity minerals are
called minerals.
II. IMPORT OF MINERALS
Enterprises of different economic
sectors set up under provisions of law and provided with proper certificates of
business registration, which have the need of importing minerals for their
production and business activities, shall be allowed to import directly or
through an entrusted importer minerals as required by the need. The enterprise
that conducts the import of minerals is the one which is authorized to conduct
import business as provided for in Article 8 of Decree No. 57/1998/ND-CP of
July 31, 1998 of the Government detailing the implementation of the Commercial
Law.
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III. EXPORT OF MINERALS
1. The minerals permitted for export
are the minerals that meet the following conditions:
- Meeting the quality criteria and
product specifications stipulated in the Appendix of this Circular (hereafter
called Appendix for short).
- Being exploited lawfully
(according to the mineral exploitation Permits or Permits of full exploitation
of minerals issued under provisions of the minerals legislation);
- Not banned from export by separate
prescriptions of the Prime Minister (if any);
- The domestic market has no demand
or cannot consume all the minerals that have been exploited.
2. The following enterprises are
allowed to export minerals:
a/ Organizations and individuals
provided with mineral exploitation Permits or Permits for full exploitation of
minerals (hereafter called Permit owner for short) ; or :
b/ Trading business enterprise
having the function of minerals business as stated in their business
registration certificate and meeting the requirements set in Article 8 of
Decree No. 57/1998/ND-CP of July 31, 1998 of the Government detailing the
implementation of the Commercial Law.
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4. The Permit owner can entrust the
export of minerals through the enterprises permitted to export minerals
mentioned at Point 2.
5. The Permit owner is entitled to
market minerals in the forms: export, entrusted export, selling to enterprises
in the country which need to use the minerals or to trading business
enterprises mentioned at Point 2, Clause b with a total volume of consumption
in the year not exceeding the exploitation capacity set in the Exploitation
Permit and the actual exploitation and processing capacity. The Permit owner
shall have to give priority to meeting the need of use in the country.
6. To fill the procedures for export
of minerals, apart from the documents prescribed by the Customs Service, the
mineral exporting enterprises shall also have to produce to the customs office
at the border gate:
- A valid copy of the mineral
exploitation Permit or Permit for full exploitation of minerals issued by the
competent agency.
- A valid copy of the Registration
of commodity quality (consistent with the quality stipulated in the Appendix)
at the competent quality management agency (for the minerals with prescribed
quality standards);
- The Contract of mineral trading or
Contract of entrusted export of minerals signed with the Permit owner (for the
export enterprises which are not Permit owners).
The above contract together with the
exploitation Permit are the basis for the Customs Office to control the
quantity of export minerals of the same origin not exceeding the exploitation
capacity mentioned at Point 5.
7. The export of mineral coal shall
conform with separate regulations.
IV. IMPLEMENTATION PROVISIONS
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2. All export of minerals not
lawfully exploited or export with a quantity exceeding the exploitation
capacity recorded in the Exploitation Permit (or the Permit for full
exploitation) without the consent of the permit issuing agency shall be
regarded as a violation of this Circular and shall be dealt with according to
law.
FOR THE
MINISTER OF INDUSTRY
VICE MINISTER
Le Huy Con
APPENDIX
SPECIFICATION AND CRITERIA FOR QUALITY OF EXPORT MINERALS
(issued together with Circular No.02/2000/TT-BCN of March 31, 2000)
No.
Categories of exploited and processed products
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Content
Notes
1
2
3
4
5
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7
8
9
10
11
Products from tin ore
Chromite
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- Ilmenite
- Zircon
- Rutil
Products from lead ore
Products from copper
ore
Iron ore
Antimony products
Zinc ore products
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White glass sand Sand
already sorted
Wolframite
Metal bar
Refined ore
Refined ore
Refined ore
Refined ore
Raw lead, metal bar
Refined ore of lead
sulfur
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Semi-dressed, refined
ore
Metal bar
Zinc oxide ore
Zinc oxide powder
Refined ore of zinc
sulfur
Primarily dressed ore
Exploited by
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min 99.75% Sn
min 43% Cr2O3
min 52% TiO2
min 57% ZrO2
min 82% TiO2
min 96% Pb
min 45% Pb
min 18% Cu
min 54% Fe
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min 25% Zn
min 60% Zn
min 50% Zn
min 35% Mn
min 65% W03
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Khanh Hoa Minexco
Company
Note: In this Appendix the term
"refined ore" is equivalent to the term "enriched ore" in
the "Export, Import Tax Table" issued together with Decision No.
67/1999/QD-BTC of June 24, 1999 of the Ministry of Finance.-