Circular No. 05/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade guiding the coal export
THE MINISTRY OF INDUSTRY AND TRADE
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, October 22, 2007
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.
II. SPECIFIC PROVISIONS
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.
3. In addition to documents in accordance with the provisions of legislation on customs, when carrying out procedures for coal export, the coal exporting traders must submit to the Customs Office the quality and quantity verification certificates for each lot of exported coal granted by the competent verification agencies and copies of value-added tax invoices of coal export (or export entrustment contracts in case of entrusted export) of those organizations and individuals who directly explore and process coal.
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