The Ministry of Industry and Trade has just issued Circular No. 45/2023/TT-BCT amending and supplementing Circular No. 23/2021/TT-BCT dated December 15, 2021 of the Minister of Industry and Trade regulating the list of types and quality standards of exported minerals managed by the Ministry of Industry and Trade.
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| Mineral exploitation (Illustration photo) |
Accordingly, amend and supplement Article 4. List of types and quality standards of exported minerals as follows: Exported minerals are minerals of legal origin, have been processed, are listed in the List of types and meet the following quality standards: For exported minerals of domestic origin, the list of types and quality standards is specified in Appendix 1 of this Circular.
For exported minerals of imported origin, in the case of processing goods (processing) for foreign traders: The types and quality standards of processed products shall be implemented according to the processing contract signed with the foreign trader. The processing contract shall comply with the provisions of Article 39 of Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government detailing a number of Articles of the Law on Foreign Trade Management. In the case of processed minerals from imported sources other than the above cases, the list of types and quality standards of minerals shall be in Appendix 2 of this Circular.
Mineral exporters specified in Clause 1 of this Article may select a Conformity Assessment Organization in accordance with the provisions of Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government stipulating conditions for business of conformity assessment services, as amended and supplemented by Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government on amending, supplementing and abolishing a number of regulations on investment and business conditions in the field of state management of the Ministry of Science and Technology and a number of regulations on specialized inspection to assess the types and quality of exported minerals.
In Article 5. Mineral export report is amended as follows: Report on export plan for exported minerals of imported origin: before importing minerals for processing and exporting, the trader must report on the import, processing and export plan according to the form in Appendix 3 of this Circular and send it to the Ministry of Industry and Trade and the Department of Industry and Trade of the province or centrally-run city (hereinafter referred to as the Department of Industry and Trade) where the trader conducts mineral processing activities for export no later than 30 days from the date of signing the mineral purchase contract with the foreign trader.
Regarding the Report on mineral export performance, traders shall prepare quarterly periodic reports (when there is an export according to Form No. 01, Appendix 4) and send them to the Ministry of Industry and Trade (Department of Industry), General Department of Customs, Department of Industry and Trade where the trader has mineral processing activities no later than the 15th day of the first month of the following quarter.
Departments of Industry and Trade that have activities of processing imported minerals shall prepare a 6-month and annual summary report according to Form No. 02 in Appendix 4 and send it to the Ministry of Industry and Trade (Department of Industry) no later than July 31 and January 31 of each year.
When a competent state agency requests an ad hoc report to serve management work, the trader is responsible for reporting as requested.
The Circular also amends Article 6. Management responsibilities. Accordingly, the Provincial People's Committee shall organize the supervision, inspection and examination of mineral export and mineral processing activities in the locality, and coordinate with the Ministry of Industry and Trade in the management of mineral export and processing activities.
Regarding the management of the export of imported minerals, the General Department of Customs shall coordinate with the Ministry of Industry and Trade (Department of Industry) and the People's Committees of relevant provinces in providing information and inspecting the import, processing and export of imported minerals in accordance with the provisions of this Circular and the law on foreign trade management.
The Department of Industry and Trade where the trader has a processing facility located in the province shall preside over and coordinate with relevant agencies in supervising and inspecting the conformity of the implementation of processing and exporting of minerals of imported origin of the trader based on the trader's report specified in Clause 1, Point a, Clause 2, Article 5 of this Circular and relevant laws to ensure that the processed and exported minerals have legal import origin, have processing facilities or hired processing facilities suitable for the type of mineral, quality and recovery rate of products after processing and export; promptly report to the Ministry of Industry and Trade and the Provincial People's Committee to handle according to their authority cases of violations of the reporting regime, commercial fraud, and mineral processing facilities that do not comply with the provisions of law on production and trading of imported minerals.
The Department of Industry (Ministry of Industry and Trade) is responsible for presiding over and coordinating with relevant ministries, branches and localities to organize inspections and examinations under its authority of compliance with regulations on mineral export according to this Circular and relevant legal provisions; and handling difficulties in the process of mineral export.
The Circular also amends and supplements the Appendices of Circular No. 23/2021/TT-BCT dated December 15, 2021. Accordingly, in Appendix 1, the name of Appendix 1 is changed to "List of types and quality standards of domestically-sourced exported minerals"; Amend the updated commodity codes according to Decree No. 26/2023/ND-CP dated May 31, 2023 of the Government on Export Tariff Schedule, Preferential Import Tariff Schedule, List of goods and absolute tax rates, mixed tax, import tax outside the tariff quota; Add the content of accompanying minerals (copper and cobalt) to the quality standards of nickel concentrate; Add notes for some minerals exported until the end of 2026 and the Ministry of Industry and Trade will consider exporting them in accordance with the mineral export policy in each period according to the provisions of the Law on Minerals.
In Appendix 2, supplement the list of types and quality standards of exported minerals of imported origin.
In Appendix 3, supplement the report on the implementation plan for importing, processing and exporting minerals of imported origin.
Transfer Appendix 2 to Appendix 4 and amend and supplement the content of periodic reports according to Form No. 1 and Form No. 2 in Appendix 4 issued with this Circular.
In case of disputes over commodity codes in the List of mineral types in Appendix 1 and Appendix 2 issued with this Circular, the Ministry of Finance shall be the authority to decide on commodity codes of the goods in accordance with the List of exported and imported goods of Vietnam. Based on the classification of goods by the Ministry of Finance, the Ministry of Industry and Trade shall consider amending and supplementing commodity codes in the list issued with this Circular.
The Circular takes effect from February 15, 2024.
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