Thông tư 23/2021/TT-BCT quy định về danh mục chủng loại, tiêu chuẩn chất lượng khoáng sản xuất khẩu do Bộ Công thương quản lý

CIRCULAR

LIST OF VARIETIES AND QUALITY STANDARDS OF MINERALS FOR EXPORT UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE OF VIETNAM

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam;

Pursuant to the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade of Vietnam.

At the request of Director of Industry Department of Vietnam;

The Minister of Industry and Trade hereby promulgates a Circular on list of varieties and quality standards of minerals for export under the management of the Ministry of Industry and Trade of Vietnam.

Article 1. Scope

This Circular provides list of varieties and quality standards of minerals for export under the management of the Ministry of Industry and Trade (except for minerals used as building materials and coal) according to regulations of Law on Mineral.

Article 2. Regulated entities:

This Circular applies to state management agencies and traders whose activities involve export of minerals.

Article 3. Definitions

For the purposes of this Circular, the terms below are construed as follows:

1. “Mineral processing” refers to the process of separate or combined adoption of methods (including handpicking, washing, crushing-sieving and sorting by particle size; calcination, drying, sawing, cutting, gravity separation, magnetic separation, electricity separation, chemical separation, hydrometallurgy; metallurgy or other methods) for changing shapes, properties of primary minerals to create one or more products in the form of ore concentrates, metals, alloys, chemical compounds, industrial minerals with specifications and properties that meet requirements for use, have value of use and commercial value that are higher than that of primary minerals.

2. Ore concentrates is a product from the process of mineral processing, which has not changed the chemical structure of the compounds in the primary mineral but increased the content of mineral component or useful mineral in primary mineral to meet specification, quality standard and requirements for the next processing.

3. The minerals that have legal origin are minerals specified at Article 14 of the Government’s Decree No.17/2020/ND-CP dated February 05, 2020.

Article 4. List of varieties, quality standards of minerals for export

1. The minerals for export are minerals that have legal origin in list of varieties and meet requirements of quality standards in Appendix 1 of this Circular.

2. The mineral exporters specified in Clause 1 of this Article shall select organizations to assess conformity according to the regulations of the Government's Decree No.107/2016/ND-CP dated July 1, 2016 on prescribing conditions for provision of conformity assessment services and the Government's Decree No.154/2018/ND-CP dated November 9, 2018 on amending, supplementing and repealing certain regulations on investment and business conditions in sectors under the management of the Ministry of Science and Technology and certain regulations on specialized inspections and some regulations of professional inspection to assess the varieties and quality of minerals for export.

Article 5. Report on export of minerals

1. The contents of report shall comply with regulations of Form No.01 an 01, Appendix 2 of this Circular.

2. Report on export of minerals:

a) The traders shall make quarterly reports (for exports) according to Form No. 01 in Appendix 2 and send these reports to the Ministry of Industry and Trade (the Industry Department), the Department of Industry and Trade and Customs Departments of provinces where the headquarters are located at least the 15 days of the first month of the next quarter.

b) Departments of Industry and Trade of provinces (or professional agencies assigned by the People's Committees of provinces) of mineral exporters shall make six-monthly and annually comprehensive reports according to Form No. 02 in Appendix 2 and send these reports to the Ministry of Industry and Trade (Industry Department) at least at the last day of July and January every year.

3. If the competent authority requests irregularly reports to serve management, the traders shall be responsible for making reports according to request.

4. The traders can send reports by post to the Ministry of Industry and Trade, directly to documentation of Ministry or email to CucCN@moit.gov.vn

Article 6. Responsibilities of management

1. The Industry Department (Ministry of Industry and Trade) shall take responsibility and cooperate with relevant Ministries, central and local authorities in periodically inspecting the compliance with regulations on mineral export of this Circular and regulations of relevant laws; handling problems in the process of mineral export.

2. According to actual situation of extraction, processing, consumption and export of minerals and the Communist Party and Government's policies and orientation towards export of minerals from time to time, the Industry Department shall be responsible for reporting to the Ministry of Industry and Trade for consideration, adjustment and supplement in this Circular if necessary.

Article 7: Entry into force

1. This Circular comes into force from February 01, 2022 and replaces the Circular No 41/2021/TT-BCT dated December 21, 2012 of the Minister of Industry and Trade on the export of minerals, the Circular No 12/2016/TT-BCT dated July 05, 2016 amending and supplementing a number of articles of Circular No. 41/2012/TT-BCT of December 21, 2012 of the Minister of Industry and Trade.

2. This Circular annuls Article 5 of the Circular No 13/2020/TT-BCT dated June 18, 2020 of the Minister of Industry and Trade on amendments to and annulment of certain regulations on business conditions under management of the Ministry of Industry and Trade and Article 5 of the Circular No. 41/2019/TT-BCT dated December 16, 2019 of the Minister of Industry and Trade on amendments to detailing list according to HS codes of importing and exporting products specified a number of Circulars of the Ministry of Industry and Trade.

3. If the regulations of other legal documents mentioned in this Circular are annulled, amended or replaced, the regulations of the written annulment or amendment or supplement shall be applied.

Article 8. Implementation

The state management agencies and traders whose activities involve mineral export shall be responsible for the implementation of this Circular. Any difficulty or problem arising during the implementation of this document should be reported to the Ministry of  Industry and Trade for consideration and handling.