Chương III Thông tư 13/2020/TT-BCT: Lĩnh vực kinh doanh khoáng sản

Chapter III

MINERAL BUSINESS

Article 5. Amendments to and annulment of certain provisions of Circular No. 12/2016/TT-BCT dated July 5, 2016 of the Minister of Industry and Trade on amendments to Circular No. 41/2012/TT-BCT of December 21, 2012, providing the export of minerals

1. Clause 1 Article 1 is amended as follows:

“This Circular provides the list and quality standards of exported minerals.”

2. Clause 5 Article 1 is amended as follows:

“Article 7. Reports on export of minerals

1. The contents of a report on export of minerals must comply with Forms No. 01 and No. 02 provided in Appendix 2 to this Circular.

2. The export of minerals shall be reported as follows:

a) A trader which exports minerals in a quarter shall make a report according to Form No. 01 provided in Appendix 2 and send it to the Ministry of Industry and Trade (via the Industry Department) and the provincial-level Department of Industry and Trade and Customs Department of the locality where the enterprise is headquartered on the fifteenth day of the first month of the subsequent quarter at the latest.

b) The provincial-level People’s Committee in a locality where mineral exporters are operating shall make general biannual and annual reports according to Form No. 02 provided in Appendix 2 and send them to the Ministry of Industry and Trade (the Heavy Industry Department) on July 31 and January 31 every year at the latest.

3. The trader shall make an extraordinary report upon request of a competent state agency to meet management requirements.”

3. Clause 6 Article 1 is amended as follows:

 “Article 10. Implementation

State management agencies and enterprises involved in the export of minerals shall implement this Circular.  Any problems arising in the course of implementation should be promptly reported in writing to the Ministry of Industry and Trade for consideration and settlement.”

4. Clauses 2, 3 and 4 of Article 1 are annulled.

Article 6. Amendments to and annulment of certain provisions of Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on conditions for coal trading

1. The name of Circular is amended as follows: “Circular on coal business.”

2. Article 1 is amended as follows:

“Article 1. Scope

This Circular sets forth coal business, including the following: domestic trading, export, import, temporary import for re-export, merchanting trade, transport, storage, agencies.”

3. Clause 1 and clause 2 Article 5 is amended as follows:

“1. The Department of Oil and Gas and Coal (affiliated to the Ministry of Industry and Trade) is in charge and shall cooperate with the relevant Ministries, agencies and local governments in periodically inspecting the implementation of this Circular and relevant laws.

2. Depending on the practical coal mining, processing and trading, the Department of Oil and Gas and Coal shall request the Ministry of Industry and Trade to amend this Circular where necessary.”

4. Clause 3 Article 3 is annulled.

Article 7. Amendments to and annulment of certain provisions of Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Minister of Industry and Trade on coal export

1. Article 7 is amended as follows:

“Article 7. Responsibility for management

1. The Department of Oil and Gas and Coal (affiliated to the Ministry of Industry and Trade) is in charge and shall cooperate with the relevant Ministries, agencies and local governments in periodically inspecting the implementation of this Circular and relevant laws.

2. Depending on the practical coal mining, processing and trading, the Department of Oil and Gas and Coal shall request the Ministry of Industry and Trade to amend this Circular where necessary.”

2. Appendix II appended to this Circular supersedes Appendix I appended to Circular No. 15/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade on coal exports.

3. Clause 2 Article 4 is annulled.

4. Article 5 is annulled.

Article 8. Annulment of Article 5 of Circular No. 28/2017/TT-BCT dated December 8, 2017 of the Minister of Industry and Trade on amendments to and annulment of Circulars prescribing petroleum trading, provision of conformity assessment services, import and export under the state management of the Ministry of Industry and Trade.