THE MINISTRY OF INDUSTRY AND TRADE
-------
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
No.04/2007/TT-BCT
Hanoi, October 22, 2007
 
CIRCULAR
GUIDING THE COAL TRADING CONDITIONS
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. 59/2006/ND-CP dated June 12, 2006 of the Government detailing the Commercial Law regarding goods and services banned from business, subject to business restriction or to conditional business;
The Ministry of Industry and Trade guides the coal trading conditions as follows:
I. GENERAL PROVISIONS
1. Subjects and scope of application
This Circular applies to business entities being traders according to the provisions at Point b, Clause 1, Article 7 of Decree No. 59/2006/ND-CP dated June 12, 2006 of the Government detailing the Commercial Law regarding goods and services banned from business, subject to business restriction or to conditional business; which are engaged in coal trading activities in Vietnamese territory, including domestically trading, import, export, transportation, warehousing and agencies.
2. Interpretation of terms:
a) "Coal" is an item subject to conditional business according to the stipulations specified in Article 7 of Decree No. 59/2006/ND-CP dated June 12, 2006 of the Government detailing the Commercial Law regarding goods and services banned from business, subject to business restriction or to conditional business, including all kinds of fossil coals and coals originated from fossils, raw or processed.
b) "Coal with legal origin" means coal, which is explored and processed by organizations and individuals having exploration licenses, licenses on exploration and gathering; and licenses on coal processing granted by the competent State agencies according to the 1996 Law on Minerals and Law amending and supplementing a number of Articles of the 2005 Law on Minerals; and documents guiding the implementation of the 1996 Law on Minerals and Law amending and supplementing a number of articles of the 2005 Law on Minerals; coal legally imported; coal confiscated due to the law violations and coal sold by order of the courts according to the provisions of law.
II. COAL TRADING CONDITIONS
Traders engaged in coal trading must satisfy all the conditions specified at Points b, c, d, Clause 1, Article 7 of Decree No. 59/2006/ND-CP dated June 12, 2006 of the Government detailing the Commercial Law regarding goods and services banned from business, subject to business restriction or to conditional business, as follows:
1. Having certificates of business registration granted by the competent agencies according to the provisions of law on business registration.
2. Owning or leasing business places, means of transport, means of loading, warehouses, wharves, coal weighing and measuring means for their business objectives; meeting the technical requirements, requirements on safety conditions, environmental hygiene and fire and explosion prevention and fighting according to the current stipulations of the State.
Click Download to see full text