THE MINISTRY OF INDUSTRY AND TRADE
Circular No. 15/2013/TT-BCT of July 15, 2013, on coal export
Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, task, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No. 15/2012/ND-CP of March 9, 2012, detailing a number of articles of the Law on Minerals;
Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law regarding goods purchase, sale, processing and transit with foreign parties;
In furtherance of the Prime Minister’s Decision No. 2427/QD-TTg of December 22, 2011, approving the mineral strategy through 2020, with a vision toward 2030;
At the proposal of the Director General of Energy,
The Minister of Industry and Trade promulgates the Circular providing coal export as follows:
Article 1. Scope of regulation
1. This Circular provides the list of coal, quality standards and conditions for export.
2. The export of coal by the modes of temporary import for re-export and processing for foreign enterprises for export is not governed by this Circular and complies with the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law regarding international good purchase and sale and goods purchase, sale, processing and transit with foreign parties.
Article 2. Subjects of application
This Circular applies to state management agencies and enterprises engaged in coal export in the Vietnamese territory.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. VILAS standards refer to standards of the Vietnam Laboratory Accreditation Scheme.
2. Competent state agencies include central state management agencies (ministries) and People’s Committees of provinces and centrally run cities (provincial-level People’s Committees).
Article 4. Conditions on coal export
1. Only enterprises may export coal. Coal exporters are those eligible for coal trading as prescribed in the Ministry of Industry and Trade’s Circular No. 14/2013/TT-BCT of July 15, 2013, providing for conditions on coal trading.
2. Coal may be exported when fully meeting the following conditions:
a/ Having been processed up to the quality standards prescribed in Appendix I to this Circular or equivalent quality standards;
b/ Having a lawful origin as prescribed in the Ministry of Industry and Trade’s Circular No. 14/2013/TT-BCT of July 15, 2013, providing for conditions on coal trading;
c/ Complying with the Government’s other regulations (if any) on import and export activities in each period.
Article 5. Procedures for coal export
1. When carrying our procedures for coal export, in addition to documents according to customs regulations, exporters shall produce the following papers:
a/ A sample analysis note certifying the exported coal shipment’s conformity to quality standards, issued by a laboratory that meets VILAS standards;
b/ Documents proving the lawful origin of exported coal.
2. Documents proving the lawful origin of exported coal include:
a/ For coal mining enterprises: Valid mining license or salvage mining license granted by a competent state agency;
b/ For coal processing enterprises: Certificate of investment in coal processing facilities and contract on sale of coal of lawful origin for processing;
c/ For coal importers and exporters: Coal purchase and sale contracts, enclosed with copies of value-added invoices or coal export entrustment contracts signed with enterprises specified at Point a or b of this Clause; or valid documents on purchase of coal confiscated and liquidated by competent state agencies.
