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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.
02/2006/TT-BCN
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Hanoi, April 14, 2006
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CIRCULAR
GUIDING THE EXPORT OF MINERALS
Pursuant to the Government’s Decree No. 55/2003/ND-CP
of May 28, 2003, defining the functions, tasks, powers and organizational
structure of the Ministry of Industry;
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 sale and purchase activities and goods sale and purchase agency,
processing and transit with foreign countries;
Pursuant to the March 20, 1996 Law on Minerals; the June 14, 2005 Law
Amending and Supplementing a Number of Articles of the Law on Minerals; and 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 hereby guides the export of minerals as follows:
I. INTERPRETATION OF TERMS
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 are granted by the Quality Accreditation
Office under the General Department of Standardization, Metrology and Quality
Control.
2. State agencies competent to grant mineral exploitation
or processing permits are the Ministry of Industry (before November 11, 2002),
the Ministry of Natural Resources and Environment (as from November 11, 2002),
or provincial/municipal People’s Committees.
II. PROVISIONS ON THE EXPORT OF MINERALS
1. Minerals shall be permitted for export only if they
fully meet the following conditions and standards:
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b/ Having been processed to meet the quality standards and
conditions specified in the List enclosed with this Circular. The quality
standards of minerals for which a certain percentage of metal is required must
be certified by laboratories meeting VILAS standards.
2. To be licensed to export minerals, enterprises must be
those set up under the provisions of law, fully meeting the conditions set in
the Commercial Law on goods import, export, processing as well as purchase and
sale agency with foreign countries, and satisfying one of the following
conditions:
a/ Possessing valid mineral exploitation permits or
mineral full-extraction permits, granted by competent state agencies.
b/ Possessing valid mineral processing permits and
contracts on the purchase of minerals for processing, signed with organizations
or individuals that possess valid mineral exploitation permits or mineral
full-extraction permits.
c/ Possessing contracts on the purchase of minerals or
contracts on entrusted export of minerals, signed with organizations or
individuals that possess valid mineral exploitation permits, mineral
full-extraction permits or mineral processing permits.
3. The export of minerals by mode of temporary import for
re-export or undertaking processing for foreign traders shall comply with the
provisions of the Government’s Decree No. 12/2006/ND-CP of January 23, 2006,
detailing the implementation of the Commercial Law regarding international
goods sale and purchase activities and goods sale and purchase agency, processing
and transit with foreign countries.
4. The export of pit coal shall comply with the Industry
Ministry’s Circular No. 02/1999/TT-BCN of June 14, 1999, guiding the conditions
for trading in pit coal. The non-quota export of coal to China shall comply with the Trade Ministry’s Circular No. 15/2000/TT-BTM of August 10,
2000.
5. The export of petroleum shall comply with the July 6,
1993 Petroleum Law and the June 9, 2000 Law Amending and Supplementing a Number
of Articles of the Petroleum Law.
6. For minerals which have been categorized, sorted,
washed and processed but fail to reach the quality standards provided for in
the List enclosed with this Circular or minerals not yet included in the List,
the Ministry of Industry (for solid and non-metal minerals) or the Ministry of
Construction (for minerals used as construction materials) shall guide the
export thereof. Any special adjustment or supplement to the planning must be
reported to the Prime Minister.
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1. Basing itself on the demands for each type of mineral
used for domestic projects on intensive processing of minerals, the Ministry of
Industry shall consider the adjustment of minerals permitted for export on the
List enclosed with this Circular and publish such adjustment one year before
stopping the export thereof.
2. This Circular takes effect 15 days after its
publication in “CONG BAO” and replaces the Industry Ministry’s Circular No.
04/2005/TT-BCN of August 2, 2005, guiding the export of minerals in the
2005-2010 period.
FOR
THE MINISTER OF INDUSTRY
VICE MINISTER
Do Huu Hao
LIST
OF QUALITY STANDARDS AND
CONDITIONS OF EXPORTED MINERALS
(Issued together with the Industry Ministry’s Circular No. 02/2006/TT-BCN of
April 14, 2006)
No.
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Content
Time limits and conditions
1
Refined chromite ore
³ 46% Cr2O3
2
Titanium ore products
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- Refined ilmenite ore (mineral sand)
³ 52% TiO2 (<57%)
To be permitted for export till the end of 2008 only
- Refined ilmenite ore (base)
³ 48% TiO2
Those exploited from Cay Cham mine (Thai Nguyen
province) shall be permitted for export till the end of 2008 only
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³ 65%
To be permitted for export till the end of April 2007
only
- Refined rutile ore
³ 83% TiO2
- Refined monazite ore
³ 57% ReO
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3
Refined lead sulfide ore
³ 50% Pb
4
Refined copper ore
³ 18% Cu
To be permitted for export till the end of 2006 only
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- Refined zinc sulfide ore
³ 50% Zn
To be permitted for export till the end of 2006 only
- Zinc oxide ore
³ 25% Zn
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- Zinc oxide powder
³ 60% Zn
6
Iron ore
³ 54% Fe Granule size <
50 mm
Minerals exploited from Thach Khe mine, Ha Tinh
province, must not be exported. Minerals exploited from Quy Xa mine shall be
permitted for export only in exchange for imported coke in service of
domestic steel refinement
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³ 66% Fe Granule size of 8
- 15 mm
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Refined magnetite ore
³ 75% Fe2O3
9
Manganese ore
³ 35% Mn
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10
Refined wolframite ore
³ 65% WO3
11
Refined bauxite ore
³ 48% Al2O3
Exploited from mines outside the Central Highlands area
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³ 48% Al2O3
Those exploited from Bao Loc mine, Lam Dong province (by
the Southern Base Chemical One-Member Limited Liability Company), shall be
permitted for export till the end of 2006 only
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Pyrophyllite kaolin ore
³ 17% Al2O3
13
Fluorite ore
³ 65% CaF2
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14
White sand
Already sorted and washed Grade
II; Already sorted and washed< 98% SiO2
Except for Cam Ranh mine (Khanh Hoa province), which is
managed by the Ministry of Construction Van Hai mine (Quang Ninh province)
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Gravel and yellow sand
Already sorted and washed
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Already cut and processed
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Slabs
Already processed
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White stone
Already processed
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19
White stone powder
Whiteness ³ 90%
20
Barite
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Already sorted and washed
- Barite powder
³ 89% BaSO4
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Felspar
³ 12% K2O+Na2O
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