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THE
MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No.
05/2007/TT-BCT
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Hanoi,
October 22, 2007
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CIRCULAR
GUIDING THE COAL EXPORT
Pursuant to Resolution No. 01/2007/QH12 dated
July 31, 2007 of the first session of the XII th National Assembly
of the Socialist Republic of Vietnam on organizational structure of the
Government and number of deputy Prime Ministers of the Government in the XII th
term;
Pursuant to the Government’s Decree No. 86/2002/ND-CP dated November 5, 2006
defining the functions, task, powers and organizational structure of the
ministries and ministerial-level agencies;
Pursuant to Decree No. 12/2006/ND-CP dated January 23, 2006 of the Government
detailing the Commercial Law regarding international goods sale and purchase
and goods sale, purchase, processing and transit activities with foreign
countries;
The Ministry of Industry and Trade guides the coal export as follows:
I. GENERAL PROVISIONS
1. Coal shall only be exported if it
concurrently satisfies the following 2 conditions:
- Having legal origin according to the
provisions specified at Point b, Clause 2, Section I of Circular No.
04/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade on
the coal trading conditions.
- Meeting the quality standards or equivalents
to the quality standards according to Appendix 2 on the List, conditions and
quality standards of export coal issued together with this Circular.
2. Base on the List, conditions and quality
standards of export coal stipulated by the Ministry of Industry and Trade, and
real supplying capability for export of the legal coal supplying sources, coal
exporting traders must send the registration for the coal export plan for the
following year according to Appendix 1 issued together with this Circular to
the Ministry of Industry and Trade before October 15 annually for synthesis and
balance.
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1. In addition to meeting all the coal trading
conditions specified in Circular No. 04/2007/TT-BCT dated October 22, 2007 of
the Ministry of Industry and Trade guiding the coal trading conditions, coal
exporting traders must meet one of the following conditions:
For domestically-originated coal:
a) Having effective coal exploration licenses or
licenses on coal exploration and gathering granted by the State competent
agencies.
b) Having effective coal processing licenses and
contracts on purchasing coal for processing signed with the organizations and
individuals mentioned at Point a of this Clause.
c) Having coal purchase contracts or coal export
entrustment contract signed with the organizations and individuals mentioned at
Points a and b of this Clause.
d) Having valid documents on purchasing coal
which is confiscated and liquidated by the State competent agencies.
For coal imported for export:
1. Having all the valid documents to prove that
the exported coal is legally imported according to the provisions of law.
2. Those traders who export
domestically-originated coal shall only be permitted to export coal, which is
directly imported (or designated export) from sources mentioned in the Clause 1
above.
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III. REPORT ON COAL EXPORT
1. Coal exporting traders shall have to report
the coal export results and take the responsibility on the accuracy and
truthfulness of the reported data and information.
2. The contents of coal export reports include:
a) The report on the quality and quantity of
exported coal.
b) The report on the sources of exported coal,
and the implementation of the stipulations on coal exports.
3. The report regime for the coal exports shall
be as follows:
a) The reports on coal exports shall be made
semi-annually and annually. The semi-annual report is calculated from January 1
to June 30 of the year, and annual report is calculated from January 1 to
December 31 of the year.
b) In addition to carrying out the report regime
as specified at Point a of this Clause, on request of the concerned State
management agencies, the coal exporting traders must irregularly report on the
coal exportation.
4. The time limit for submitting reports on coal
export is specified as follows:
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b) The People’s Committees of the provinces and
centrally run cities shall direct the competent agencies to make reports on
coal export situation within their management and send to the Ministry of
Industry and Trade at least fifteen (15) days after the reporting date
specified at Point a, Clause 3 of this Section.
IV. HANDLING OF VIOLATIONS
1. Acts of violating provisions on coal exports
specified in this Circular shall, depending on their seriousness, be handled
according to the provisions of Decree No. 175/2004/ND-CP dated October 10, 2004
of the Government on administration sanctions in the field of trade and other
relevant documents.
2. Cadres and civil servants who abuse their
positions and powers to violate the provisions of this Circular shall,
depending on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability according to the
provisions of law.
V. ORGANIZATION OF
IMPLEMENTATION
1. Coal export activities shall comply with this
Circular and other relevant provisions of law. This Circular takes effect 15
days after its publication in CONG BAO and replaces guidance on coal export
specified at Point 4, Section II of Circular No. 02/2006/TT-BCN dated April 14,
2006 of the Ministry of Industry.
2. The Ministry of Industry and Trade shall
consider the adjustments of the lists, conditions and quality standards of coal
permitted to be exported on domestic demand based on coal exploring and
processing capabilities.
3. The Ministry of Industry and Trade shall
assume the prime responsibility for and coordinate with the relevant ministries,
branches and localities in periodically organizing the inspection of the
implementation of provisions on coal export specified in this Circular and
other relevant provisions of law.
4. When traders have signals of violating the
stipulations on coal export, the People’s Committee of the provinces and
centrally-run cities which export coal shall have to direct the competent
agencies to inspect and timely handle.
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6. Any problems arising in implementation of
this Circular must be timely reported in writing by the coal exporting traders
or concerned organizations or individuals 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
REGISTRATION FORM FOR COAL EXPORT PLAN
(Issued together with Circular No. 05/2007/TT-BCT dated October 22, 2007 of
the Ministry of Industry and Trade guiding the coal export)
Name of the
unit
Number of
the
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SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
date….. ….
REGISTRATION
FOR COAL EXPORT PLAN FOR THE YEAR …
To: The Ministry
of Industry and Trade
Name of the unit: …………………………………………………………
Establishment Decision or License
No.:………………………………
License on Exploration/Exploration and Gathering/Minerals
Processing No.:………………granted by ………………………, to be effective to the date of
……………………………….
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Address of the head office: ……………………………………………
Telephone: ………………Fax:……………………………………..
Coal exploration/processing
capacity…………………………………
Mode of export (direct/designated/selling to
exporting traders): ……………………………………………………………………………
The unit registers the coal export plan with the
following specific targets:
Ordinal number
Kind of coal
Size
mm
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%
Total dried
heat numeric value Qkgr cal/g
Quantity
ton
Sources of
exported coal
1
HG Clot
6 - 100
7- 8
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20,000
DN A
2
HG Dust
0 - 15
> 33
< 5,500
30,000
DN B
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Total
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…………..
The unit commits to comply with all the
provisions on coal export specified in Circular No. 05/2007/TT-BTC dated
October 22, 2007 of the Ministry of Industry and Trade.
Enclosed documents (for the first
registration):
1. Notarized copies of establishment
license and business registration certificate granted by the competent
agencies.
2. Notarized copies of coal exploration
license, coal gathering license or coal processing license.
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APPENDIX 2
LIST, CONDITIONS AND QUALITY STANDARDS OF EXPORTED
COAL
(Issued together with Circular No. 05/2007/TT-BCT dated October 22, 2007 of
the Ministry of Industry and Trade guiding the coal export)
Ord.
Kind of
exported coal
Size, mm
Ak dried ash
content, %
Total dried
heat numeric value, Qkgr cal/g
Time and
conditions
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Clot coal of all kinds
Stop export after 2015
Hon Gai - Cam Pha
6 - 100
≤ 12
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Stop export after 2015
Mao Khe
15 -100
≤ 15
≥ 6700
Stop export after 2015
Vang Danh - Nam Mau
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≤ 15
≥ 6750
Stop export after 2015
2
Dust coal of all kinds
Stop export after 2015
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Dust coal 1, 2, 3
0 - 15
Stop export after 2015
Hon Gai - Cam Pha
0 - 15
≤ 18
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Stop export after 2015
Vang Danh - Nam Mau
0 - 15
≤ 15
≥ 6700
Stop export after 2015
2.2
Dust coal 4
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Limit export and stop export as from 2016
Hon Gai - Cam Pha
0 - 15
> 18 to ≤ 26
≥ 6050 to <
6850
Limit export and stop export as from 2016
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Mao Khe
0 - 15
≥ 18 to ≤ 26
≥ 5800
Limit export and stop export as from 2016
Vang Danh - Nam Mau
0 - 15
> 15 to ≤ 26
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Limit export and stop export as from 2016
2.3
Dust coal 5
0 - 15
Limit export and stop export as from 2013
Hon Gai - Cam Pha
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> 26 to ≤ 33
≥ 5500 to <
6050
Limit export and stop export as from 2013
Mao Khe
0 - 15
> 26 to ≤ 33
≥ 5250 to <
5800
Limit export and stop export as from 2013
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Vang Danh - Nam Mau
0 - 15
> 26 to ≤ 33
≥ 5250 to <
5850
Limit export and stop export as from 2013
2.4
Dust coal 6 and dust coal with quality lower
than dust coal 6
0 - 15
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Stop export as from 2011
Hon Gai - Cam Pha
0 - 15
> 33
< 5500
Stop export as from 2011
Mao Khe
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> 33
< 5250
Stop export as from 2011
Vang Danh – Nam Mau
0 - 15
> 33
< 5250
Stop export as from 2011
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Technical standards for exported
coal shall comply with the requirements on technical standards for Hon Gai -
Cam Pha coal; Mao Khe coal; and Vang Danh - Nam Mau coal:
- TCVN 2273: 1999 Mao Khe coal - Technical requirements
- TCVN 2279: 1999 Vang Danh - Nam Mau coal -
Technical requirements
- TCVN 1790: 1999 Hon Gai - Cam Pha coal -
Technical requirements