MINISTRY OF CONSTRUCTION | SOCIALIST REPUBLIC OF VIETNAM |
No.: 05/2018/TT-BXD | Hanoi, June 29, 2018 |
CIRCULAR
GUIDANCE ON EXPORT OF MINERALS USED IN CONSTRUCTION INDUSTRY
Pursuant to the Law on minerals No. 60/2010/QH11 promulgated on November 17, 2010;
Pursuant to the Government’s Decree No. 158/2016/ND-CP dated November 29, 2016 elaborating some articles of the Law on minerals;
Pursuant to the Government’s Decree No. 24a/2016/ND-CP dated April 05, 2016 on management of construction materials;
Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating some articles of the Law on foreign trade;
Pursuant to the Government’s Decree No. 81/2017/ND-CP dated July 17, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Construction;
At the request of the Director of Building Materials Department;
The Minister of Construction promulgates a Circular providing guidance on export of minerals used in construction industry.
Article 1. Scope and regulated entities
1. This Circular provides guidance on the export of minerals used as key building materials (as defined in Clause 6 Article 3 of the Government’s Decree No. 24a/2016/ND-CP dated April 05, 2016 on management of construction materials) and those used as normal building materials (as prescribed in Clause 1 Article 64 of the Law on minerals.) (hereinafter referred to as “construction minerals”).
2. This Circular applies to foreign and domestic organizations and individuals that meet relevant eligibility requirements as prescribed in the Law on commerce to engage in the export of construction minerals in Vietnam (except for the transport of construction minerals from a local region into a free trade zone or a separate customs zone for construction, repair and maintenance of construction structures).
Article 2. Interpretation of terms
For the purposes of this Circular, these terms are construed as follows:
1. “mineral processing” means the process of separate or combined adoption of mechanical, physical and chemical methods for changing properties of extracted minerals with the aims of generating mineral products whose technical specifications are conformable with use requirements and commercial value is higher than the unprocessed ones.
2. “stone blocks” refer to natural stones extracted from quarries such as granite, gabbro, basalt, quartzite, marble, slate, limestone, and dolomite, etc. by employing diamond wire cutting technology or using circular blade saw or another method at pits so as to generate stone products in blocks with flat surfaces and a volume of ≥ 0.5 m3.
3. “stone slabs” refer to natural stones sawn, cut, ground, whether or not polished, etc., into slabs used for covering walls, paving floors or decorating construction structures.
4. “building stones” refer to natural stones, classified in the list of minerals used as normal building materials, broken, crushed, classified or trimmed, cut, shaped into various sides used for producing concrete aggregates, building embankments, foundations, walls or used as curbstones and flagstones.
5. “fine-art stones” refer to natural stones extracted from quarries such as limestone, marble, quartz stone, and metacarbonate, etc. and worked or manipulated into fine handicrafts articles of non-standard dimensions, e.g. collages, stone statues, stone pillars, balustrades, decorative lamps, tombs, pictures made of stones, penjing (Hon Non Bo), precious stones, etc.
Article 3. List of construction minerals to be exported, technical specifications and standards, and origin thereof
1. The list of construction minerals to be exported, technical specifications and standards thereof are prescribed in the Appendix I enclosed herewith (except minerals temporarily imported for re-export or in transit).
2. Construction minerals to be exported must have legal origin as regulated in the Law on minerals.
3. The Ministry of Construction shall provide specific guidance on construction minerals which are transported to abroad for serving the purposes of operational tests, analysis or research, or those whose names are not included in the list of construction minerals to be exported hereof as requested.
Article 4. Documentation needed in export of construction minerals
Documentation needed in export of construction minerals shall be prepared in accordance with applicable regulations of the law on customs and the Law on foreign trade.
Article 5. Entry into force
This Circular comes into force from August 15, 2018 and supersedes the Circular No. 04/2012/TT-BXD dated September 20, 2012 by the Minister of Construction providing guidance on export of minerals used in construction industry.
Article 6. Implementation
1. The Ministry of Construction shall organize, instruct and monitor the implementation of this Circular; cooperate with relevant ministries and authorities to conduct periodic or unscheduled inspections of the compliance with law regulations on export of construction minerals.
2. Each Provincial-level People's Committee shall instruct regulatory authorities to conduct periodic or unscheduled inspections of the export of construction minerals in accordance with applicable regulations and laws.
3. Each exporter of construction minerals shall submit monthly reports (or unexpected reports at the request of a regulatory authority), made according to the Form stated in the Appendix II enclosed herewith, to the People’s Committee of province where such exporting activities are carried out by January 15 every year. Each Provincial-level People's Committee shall also submit reports on exporting activities carried out in that province to the Ministry of Construction by January 30 every year for submission of a consolidated report thereof to the Prime Minister.
4. Difficulties that arise during the implementation of this Circular must be promptly reported to the Ministry of Construction for consideration./.
| PP. MINISTER |
APPENDIX I
LIST OF CONSTRUCTION MINERALS TO BE EXPORTED AND TECHNICAL SPECIFICATIONS THEREOF
(Enclosed with the Circular No.05/2018/TT-BXD dated June 29, 2018 of the Minister of Construction)
HS code | List of minerals | Technical specifications |
I | White silica sand, coarse sand used for making molds |
|
2505.10.00 | White silica sand used as raw materials for production of building materials or for other industries | Processed (screened, washed and grain sized) SiO2 ≥ 99 %; Grain size ≤ 1.0 mm |
2505.90.00 | White silica sand, coarse sand used for making molds | Processed (screened, washed and grain sized, resin-coated or resin-uncoated) SiO2 ≥ 95 %; Grain size ≤ 2.5 mm |
2505.10.00.10 | Fine or super fine quartz sand powder | Processed (screened, washed, desiccated, crushed and grain sized) SiO2 ≥ 99 %; Grain size ≤ 96 µm |
II | Stone slabs |
|
2515.12.20 | Stone slabs derived from marble or calcareous stone, cut by sawing or otherwise, into slabs | Thickness ≤ 100 mm |
2516.12.20 | Stone slabs derived from granite, gabbro, basalt and other stone, cut by sawing or otherwise, into slabs | Thickness ≤ 100 mm |
2516.20.20 | Stone slabs derived from sandstone, cut by sawing or otherwise, into slabs | Thickness ≤ 100 mm |
2506.10.00 | Stone slabs derived from quartz stone, cut by sawing or otherwise, into slabs | Thickness ≤ 100 mm |
2506.20.00 | Stone slabs derived from quartzite, cut by sawing or otherwise, into slabs | Thickness ≤ 100 mm |
2514.00.00 | Slate used as cladding, paving or roofing materials, cut by sawing or otherwise, into slabs | Thickness ≤ 50 mm |
6801.00.00 | Curbstones of natural stone (except slate) | Thickness ≤ 100 mm |
6802.21.00 | Stone slabs derived from marble, fabricated into slabs (with a flat or even surface) | Thickness ≤ 100 mm |
6802.23.00 | Stone slabs derived from granite, fabricated into slabs (with a flat or even surface) | Thickness ≤ 100 mm |
6802.29.10 | Stone slabs derived from calcareous stone, fabricated into slabs (with a flat or even surface) | Thickness ≤ 100 mm |
6802.29.90 | Stone slabs derived from other natural stone, fabricated into slabs (with a flat or even surface) | Thickness ≤ 100 mm |
III | Blocks |
|
2515.20.00.10 | Blocks derived from white marble, of a kind extracted, cut or sawn into block planes | Volume ≥ 0.5 m3 |
2515.12.10 | Blocks derived from marble or calcareous stone, of a kind extracted, cut or sawn into block planes | Volume ≥ 0.5 m3 |
2516.12.10 | Blocks derived from granite, gabbro, basalt, sandstone and other stone, of a kind extracted, cut or sawn into block planes | Volume ≥ 0.5 m3 |
IV | Fine arts stone |
|
6802.91.10 | Fine arts stone derived from marble | Fabricated |
6802.92.00 | Fine arts stone derived from calcareous stone | Fabricated |
6802.93.00 | Fine arts stone derived from granite | Fabricated |
6802.99.00 | Fine arts stone derived from other natural stone | Fabricated |
V | Building stone |
|
V-a | Used for concrete mix or road metalling |
|
2517.10.00 | Building stone derived from pebbles, gravel or stone, of a kind used for concrete mix or road metalling | Smashed, crushed or screened, grain size ≤ 60 mm |
2517.49.00.30 | Building stone derived from calcareous stone, of a kind used for concrete mix or road metalling | Smashed, crushed or screened, grain size ≤ 60 mm; CaCO3 ≥ 85 %; |
2517.49.00.30 | Building stone derived from granite, gabbro, marble, sandstone and other stone, of a kind used for concrete mix or road metalling | Smashed, crushed or screened, grain size ≤ 60 mm |
V-b | Used for building embankments, foundations or walls, paving sidewalks or roadbeds |
|
2515.11.00 | Other building stone (freestone, dressed stone, cubic stone, etc.) derived from marble or calcareous stone used for building embankments, foundations or walls, paving sidewalks or roadbeds | Fabricated, trimmed or cut |
2516.11.00 | Other building stone (freestone, dressed stone, cubic stone, etc.) derived from granite, gabbro, basalt and other stone used for building embankments, foundations or walls, paving sidewalks or roadbeds | Fabricated, trimmed or cut |
2516.20.10 | Other building stone (freestone, dressed stone, cubic stone, etc.) derived from sandstone used for building embankments, foundations or walls, paving sidewalks or roadbeds | Fabricated, trimmed or cut |
VI | Other minerals |
|
2518.10.00 | Dolomite used as raw materials for production of building materials or in other industries | MgO ≥ 18 %; Grain size ≤ 60 |
2507.00.00 | Kaolin used as raw materials for production of building materials or in other industries | Al2O3 ≥ 28 %, Fe2O3 ≤ 1 %; Grain size ≤ 0.2 mm |
2507.00.00 | Pyrophyllite used as raw materials for production of building materials or in other industries | Al2O3 ≥ 15 % ; Fe2O3 ≤ 1 %; Grain size ≤ 100 mm |
2508.30.00 | Refractory clays used as raw materials for production of building materials or in other industries | Al2O3 ≥ 23 % ; Grain size ≤ 0.2 mm |
2529.10.00 | Feldspar used as raw materials for production of building materials or in other industries | K2O+Na2O ≥ 7 %; Grain size ≤ 100 mm |
APPENDIX II
REPORT ON EXPORT OF MINERALS USED AS BUILDING MATERIALS OF … PROVINCE/CITY … (specify the year)
(Enclosed with the Circular No.05/2018/TT-BXD dated June 29, 2018 of the Minister of Construction)
1. List of exported minerals
No. | Exporter | Weight (tonne, m3, m2) | Value (dong) | Origin | Importing country | Note | |
I | Type of mineral, e.g. white silica sand |
|
|
|
|
| |
1. | Company A |
|
|
|
|
| |
2. | Company B |
|
|
|
|
| |
3. | …………. |
|
|
|
|
| |
Total: | Total: |
|
|
|
|
| |
II | Type of mineral, e.g. stone slabs |
|
|
|
|
|
|
1. | Company A |
|
|
|
|
|
|
2. | Company B |
|
|
|
|
|
|
3. | ……….. |
|
|
|
|
|
|
Total: | Total: |
|
|
|
|
| |
2. Compliance with regulations on mineral export:
3. Recommendations:
| People’s Committee of …….province/city |
Note: Every exporter shall, according to this form, submit a report to the People’s Committee of the province where mineral export is carried out.
---------------
This document is handled by Vinas Doc. Document reference purposes only. Any comments, please send to email: [email protected]