Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade promulgating coal trading conditions
Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Decree No. 15/2012/ND-CP dated March 09, 2012 of the Government stipulation in detail the implementation of some articles of the Mineral Law;
Pursuant to the Decree No. 59/2006/ND-CP dated June 12, 2006 of the Government detailing the Commercial Law on goods and services, banned from business, subject to restrictions and conditions.
At the proposal of the General Directorate of the General Department of Energy,
The Minister of Industry and Trade issues the Circular promulgating coal trading conditions as follows:
Article 1. Scope of adjustment
This Circular promulgates coal trading conditions, including activities such as: domestic trading, export, import, temporary import and re-export, transit, transportation, store and agents.
Article 2. Subject of application
This Circular is applicable to state management agencies and enterprises having activities relating to coal trading in the territory of Vietnam.
Article 3. Term interpretation
Terms are constructed as follows:
1. Coal means all types of fossil coals and original or processed coals.
2. Competent state agencies includes all state management agencies in the central (Ministries), People’s Committees of provinces and affiliated cities (Provincial-level People’s Committees).
3. Coal with legal origin means coals from origins from the sources as follows:
a) Exploited or spent from mines, mine points, dump in accordance with the Permit for exploitation, the Permit for spend issued by competent agencies;
b) Imported legally;
c) Confiscated and put on sale by the state agencies;
d) Processed in accordance with the Certificate of Investment for processing coal at the processing places with Trading Contract signed directly with the enterprises, which owns the coal resources prescribed at point a, b, c of this clause.
Import coal is considered legal when showing the import coal declaration confirmed by the border customs (the certified copy in accordance with provisions).
For confiscated and sold coal, it is compulsory to have documents as follows: Invoice for trading confiscated assets to public funds, delivery order, minute of transfer for administrative violation’s asset for sale (certified copies in accordance with provisions).
4. Coal trading activities: includes all activities prescribed in Article 1.