Laws of Vietnam

The commodity minerals mentioned in this Circular include the minerals lawfully exploited and processed by organizations and individuals under provisions of legislation on minerals and commodity minerals subject to normal trading on the international market (except oil and gas).

Hereunder commodity minerals are called minerals.

II. IMPORT OF MINERALS

Enterprises of different economic sectors set up under provisions of law and provided with proper certificates of business registration, which have the need of importing minerals for their production and business activities, shall be allowed to import directly or through an entrusted importer minerals as required by the need. The enterprise that conducts the import of minerals is the one which is authorized to conduct import business as provided for in Article 8 of Decree No. 57/1998/ND-CP of July 31, 1998 of the Government detailing the implementation of the Commercial Law.

In particular, with regard to the ores and refined ores containing radio-active elements, the import must comply with prescriptions of the Ministry of Science, Technology and Environment on State management of commodities and services subject to special business restrictions as stipulated in Clause 1 Article 3, and List 2 of Decree No.11/1999/ND-CP of March 3, 1999 of the Government on commodities banned from circulation and trade services banned from provision, commodities and trade services subject to business restrictions or conditional business.

III. EXPORT OF MINERALS

1. The minerals permitted for export are the minerals that meet the following conditions:

- Meeting the quality criteria and product specifications stipulated in the Appendix of this Circular (hereafter called Appendix for short).

- Being exploited lawfully (according to the mineral exploitation Permits or Permits of full exploitation of minerals issued under provisions of the minerals legislation);

- Not banned from export by separate prescriptions of the Prime Minister (if any);

- The domestic market has no demand or cannot consume all the minerals that have been exploited.

2. The following enterprises are allowed to export minerals:

a/ Organizations and individuals provided with mineral exploitation Permits or Permits for full exploitation of minerals (hereafter called Permit owner for short) ; or :

b/ Trading business enterprise having the function of minerals business as stated in their business registration certificate and meeting the requirements set in Article 8 of Decree No. 57/1998/ND-CP of July 31, 1998 of the Government detailing the implementation of the Commercial Law.

3. The export of minerals by a foreign-invested enterprise shall conform with the stipulations in the investment license.

4. The Permit owner can entrust the export of minerals through the enterprises permitted to export minerals mentioned at Point 2.

5. The Permit owner is entitled to market minerals in the forms: export, entrusted export, selling to enterprises in the country which need to use the minerals or to trading business enterprises mentioned at Point 2, Clause b with a total volume of consumption in the year not exceeding the exploitation capacity set in the Exploitation Permit and the actual exploitation and processing capacity. The Permit owner shall have to give priority to meeting the need of use in the country.

6. To fill the procedures for export of minerals, apart from the documents prescribed by the Customs Service, the mineral exporting enterprises shall also have to produce to the customs office at the border gate:

- A valid copy of the mineral exploitation Permit or Permit for full exploitation of minerals issued by the competent agency.

- A valid copy of the Registration of commodity quality (consistent with the quality stipulated in the Appendix) at the competent quality management agency (for the minerals with prescribed quality standards);

- The Contract of mineral trading or Contract of entrusted export of minerals signed with the Permit owner (for the export enterprises which are not Permit owners).

The above contract together with the exploitation Permit are the basis for the Customs Office to control the quantity of export minerals of the same origin not exceeding the exploitation capacity mentioned at Point 5.

7. The export of mineral coal shall conform with separate regulations.

IV. IMPLEMENTATION PROVISIONS

2. All export of minerals not lawfully exploited or export with a quantity exceeding the exploitation capacity recorded in the Exploitation Permit (or the Permit for full exploitation) without the consent of the permit issuing agency shall be regarded as a violation of this Circular and shall be dealt with according to law.

For the Minister of Industry
Vice Minister
LE HUY CON

Appendix

SPECIFICATION AND CRITERIA FOR QUALITY OF EXPORT MINERALS

Note: In this Appendix the term "refined ore" is equivalent to the term "enriched ore" in the "Export, Import Tax Table" issued together with Decision No. 67/1999/QD-BTC of June 24, 1999 of the Ministry of Finance.-