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CIRCULAR

AMENDMENTS TO CIRCULAR NO. 23/2021/TT-BCT DATED DECEMBER 15, 2021 OF MINISTER OF INDUSTRY AND TRADE OF VIETNAM PROMULGATING LIST OF MINERAL TYPES TO BE EXPORTED, AND QUALITY THEREOF, UNDER MANAGEMENT OF MINISTRY OF INDUSTRY AND TRADE OF VIETNAM

Pursuant to the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022 defining the 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 providing amendments to Decrees on investment and business requirements under state management of the Ministry of Industry and Trade of Vietnam;

Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating some articles of the Law on Foreign Trade Management;

At the request of the Director General of Vietnam Industry Agency;

The Minister of Industry and Trade of Vietnam promulgates a Circular providing amendments to Circular No. 23/2021/TT-BCT dated December 15, 2021 of Minister of Industry and Trade of Vietnam promulgating list of mineral types to be exported, and quality thereof, under the management of Ministry of Industry and Trade of Vietnam.

Article 1. Amendments to Circular No. 23/2021/TT-BCT dated December 15, 2021 of Minister of Industry and Trade of Vietnam

1. Article 4 is amended as follows:

“Article 4. List of types of minerals to be exports and quality standards thereof

1 . Any minerals to be exported must have lawful origin, have been processed, are included in the list of minerals to be exported, and meet the following quality standards:

a) Regarding minerals of domestic origin: They must meet quality standards set out in the list of mineral types and quality standards thereof provided in Appendix 1 enclosed herewith.

b) Regarding imported minerals:

b.1. If minerals are processed for a foreign trader, types and quality standards of processed products shall comply with the processing contract signed with that foreign trader. The processing contract must be made in accordance with Article 39 of the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating the Law on Foreign Trade Management.

b.2. Regarding imported minerals are processed in case other than the one prescribed in b1 of this clause, they must meet quality standards set out in the list of mineral types and quality standards thereof provided in Appendix 2 enclosed herewith.

2. Exporters of mineral types specified in clause 1 of this Article are entitled to employ conformity assessment bodies in accordance with the Government's Decree No. 107/2016/ND-CP dated July 01, 2016, as amended by the Government's Decree No. 154/2018/ND-CP dated November 09, 2018, for carry out assessment of types and quality of their minerals to be exported.

2. Article 5 is amended as follows:

“Article 5. Reporting on export of minerals

1. Reporting on plan for export of imported minerals: before minerals are imported for processing and export, the trader shall submit a report on import, processing and export of minerals which is made using the form in Appendix 3 enclosed herewith to the Ministry of Industry and Trade of Vietnam and the Department of Industry and Trade of the province or city where the trader’s mineral processing takes place (hereinafter referred to as “provincial Department of Industry and Trade”) within 30 days from the day on which the mineral sale and purchase contract is signed with a foreign trader.

2. Reporting on export of minerals:

a) Traders shall submit quarterly reports (when export activities occur) which are made using Form No. 01 in Appendix 4 enclosed herewith to the Ministry of Industry and Trade of Vietnam (via Vietnam Industry Agency), the General Department of Vietnam Customs, and the Department of Industry and Trade of the province or city where processing activities are performed by the 15^th of the first month of the subsequent quarter.

b) Each Department of Industry and Trade of the province or city where processing of imported minerals occurs shall submit 6-month and annual consolidated reports which are made using Form No. 02 in Appendix 4 enclosed herewith to the Ministry of Industry and Trade of Vietnam (via Vietnam Industry Agency) by July 31 and January 31 each year.

3. Traders must also submit ad hoc reports at the request of competent authorities to serve their performance of management tasks.

4. Reports may be submitted to the Ministry of Industry and Trade of Vietnam and provincial Departments of Industry and Trade directly, by post or to email of Vietnam Industry Agency (CucCN@moit.gov.vn) or registered emails of provincial Departments of Industry and Trade.

3. Article 6 is amended as follows:

“Article 6. Responsibility for management

1. Provincial People's Committees shall organize supervision and inspection of export of minerals and processing of minerals for export in their provinces or cities, and cooperate with the Ministry of Industry and Trade of Vietnam in managing such export and processing of minerals.

2. Management of export of imported minerals:

a) The General Department of Vietnam Customs shall cooperate with the Ministry of Industry and Trade of Vietnam (via Vietnam Industry Agency) and relevant Provincial People's Committees in providing information on and controlling the import and processing of minerals, and export of imported minerals in accordance with the provisions of this Circular, and relevant regulations of law on foreign trade management.

b) Each Department of Industry and Trade of the province or city where a trader’s processing facility is located shall play the leading role and cooperate with relevant authorities in supervising and inspecting the appropriateness of the trader’s processing and export of imported minerals on the basis of the trader’s reports submitted as prescribed in clause 1, point a clause 2 Article 5 of this Circular and relevant laws in order to ensure that minerals to be processed and exported have a lawful origin of importation, the processing facility owned or leased by the trader is suitable for types of minerals, quality and rate of recovery of mineral products after processing and export; promptly submit reports to the Ministry of Industry and Trade of Vietnam and relevant Provincial People's Committee on cases of failure to comply with reporting policies, commercial frauds or mineral processing facilities' failure to meet relevant conditions set out in regulations of law on manufacturing and trading of imported minerals for their consideration.

3. Vietnam Industry Agency (affiliated to the Ministry of Industry and Trade of Vietnam) shall play the leading role and cooperate with relevant Ministries and local governments in conducting inspection, within their competence, of compliance with regulations on export of minerals in this Circular and relevant laws; responding to relevant queries about the export of minerals.

4. Based on actual status of mining, processing, selling of minerals on the domestic market and export of minerals, as well as the Government’s policies and orientations for export of minerals in each period, Vietnam Industry Agency shall consider submitting proposed amendments to this Circular, if necessary, to the Minister of Industry and Trade of Vietnam."

Article 2. Amendments to Appendixes enclosed with Circular No. 23/2021/TT-BCT dated December 15, 2021 of Minister of Industry and Trade of Vietnam

1. The Appendix 1 is amended as follows:

- Heading of Appendix 1 is changed as follows: "List of types of minerals of domestic origin to be exported and quality standards thereof"

- HS codes of mineral products are updated according to the Government’s Decree No. 26/2023/ND-CP dated May 31, 2023 introducing export tariff schedule, preferential import tariff schedule, list of commodities and their flat tax, compound tariff, and out-of-quota import tariff.

- Contents of accompanied minerals (cooper and cobalt) are added to quality standards for nickel ore.

- The note that “the export will last until the end of 2026 and will be considered by the Ministry of Industry and Trade of Vietnam in conformity with mineral export policies adopted in each period in accordance with the Law on Minerals" is added for some minerals.

2. Appendix 2 "List of types of imported minerals to be exported and quality standards thereof" is added.

3. Appendix 3 "Report on plan for import, processing and export of imported minerals" is added.

4. Appendix 2 is amended as follows: Appendix 2 will be changed into Appendix 4 and contents of periodic reports will be amended according to Form No. 1 and Form No. 2 in Appendix 4 enclosed herewith.

5. If any disputes about HS codes of goods included in lists of types of minerals in Appendix 1 and Appendix 2 enclosed herewith occur, the Ministry of Finance of Vietnam shall decide HS codes of goods according to Vietnam’s nomenclature of exports and imports. Based on classification of goods by the Ministry of Finance of Vietnam, the Ministry of Industry and Trade of Vietnam shall consider amending HS codes of goods in lists enclosed herewith.

Article 3. Effect

This Circular comes into force from February 15, 2024./.