Circular 05/2020/TT-BCT amending Joint Circular 47/2011/TTLT-BCT-BTNMT stipulating the management of import, export and temporary import - re-export of ozone-depleting substances under the provisions of the Montreal Protocol on substances that deplete the ozone layer issued by the Minister of Industry and Trade

CIRCULAR

AMENDMENTS TO JOINT CIRCULAR NO. 47/2011/TTLT-BCT-BTNMT DATED DECEMBER 30, 2011 OF MINISTER OF INDUSTRY AND TRADE AND MINISTER OF NATURAL RESOURCES AND ENVIRONMENT PRESCRIBING IMPORT, EXPORT AND TEMPORARY IMPORT FOR RE-EXPORT OF OZONE LAYER-DEPLETING SUBSTANCES ACCORDING TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

Pursuant to the Law on foreign trade management No. 05/2017/QH14 dated June 12, 2017;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating some articles of the Law on foreign trade management;

For implementation of the 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer and its amendments, which have been ratified by the Government of the Socialist Republic of Vietnam;

At the request of the Director of the Agency of Foreign Trade,

The Minister of Industry and Trade promulgates a Circular providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Natural Resources and Environment prescribing import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as “Joint Circular No. 47”).

Article 1. Amendments to Joint Circular No. 47

1. The list of HCFCs in Appendix I prescribed in Point a Clause 3 Article 1 of the Joint Circular No. 47 shall be replaced with the list in Appendix I enclosed herewith.

2. Point c is added following Point b Clause 3 Article 1 of the Joint Circular No. 47 as follows:

 “c) Hydrofluorocarbons (HFCs) in Appendix IIa and Appendix IIb enclosed herewith.”

3. Clause 1 Article 3 of the Joint Circular No. 47 is amended as follows:

 “1. The import quotas for HCFCs in Appendix I enclosed herewith annually allocated for the period of from January 01, 2020 to December 31, 2028 shall be managed according to import license issued by the Ministry of Industry and Trade. To be specific:

Unit: tonne

4. Article 3a is added following Article 3 of the Joint Circular No. 47 as follows:

 “Article 3a. Import quotas for HFCs

1. The import quotas for HFCs in Appendix IIa and Appendix IIb enclosed herewith annually allocated for the period of from January 01, 2020 to December 31, 2028 shall be managed according to the import license issued by the Ministry of Industry and Trade. To be specific:

Unit: tonne

2. The import quotas for HFCs in Appendix IIa and Appendix IIb enclosed herewith from 2023 onwards shall be established and published by the Ministry of Industry and Trade based on the average amount of imported HFCs in 2020, 2021, 2022 plus 65% of the base level of HCFC consumption. The import quota for HFCs allocated in the base year 2023 shall be kept unchanged for the period from 2024 to 2028. The specific import quota for HFCs allocated in each year shall be published and calculated according to the equivalent CO2 amount prescribed in the Kigali Amendment to the Montreal Protocol.”

5. Article 4a is added following Article 4 of the Joint Circular No. 47 as follows:

 “Article 4a. Procedures for importing HFCs

Procedures for a license to import HFCs shall be carried out in accordance with Clause 2 Article 4 of the Joint Circular No. 47, as amended in Article 2 of the Circular No. 51/2018/TT-BCT. The application for registration of import of HFCs is provided in Appendix III enclosed herewith.”

6. Article 6a is added following Article 6 of the Joint Circular No. 47 as follows:

 “Article 6a. Procedures for quota-based export of HFCs

The Ministry of Industry and Trade shall issue the license to export HFCs within the allocated quota in accordance with decision of member States of the Protocol. Application and procedures for issuance of the import license shall comply with the provisions in Clause 1 and Clause 2 Article 9 of the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 on implementation of the Law on Foreign Trade Management. The application shall be sent to the Ministry of Industry and Trade (via the Agency of Foreign Trade); the application for registration of export of HFCs is provided in Appendix IV enclosed herewith.”

7. Clause 3 is added following Clause 2 Article 8 of the Joint Circular No. 47 as follows:

 “3. Traders shall submit quarterly and annual reports on export and import of HFCs in the same forms and within the same time limits as those for HCFCs prescribed in Clause1 and Clause 2 Article 8 of the Joint Circular No. 47 and the provisions in Appendix V enclosed herewith.”

Article 2. Clause 2 Article 3 of the Joint Circular No. 47 is abrogated.

Article 3. Effect

1. This Circular comes into force from May 01, 2020.

2. Difficulties that arise during the implementation of this Circular should be promptly reported in writing to the Ministry of Industry and Trade for consideration./.

APPENDIX I

LIST OF HCFCs
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer)

APPENDIX IIa

LIST OF PURE HFCs
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer)

* The global warming potential values of the substances in this Table are specified according to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change.

APPENDIX IIb

LIST OF HFC MIXTURES
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer)

* The global warming potential values of the substances in this Table are specified according to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change.

APPENDIX III

APPLICATION FOR REGISTRATION OF IMPORT OF HFCs
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer)

To: Ministry of Industry and Trade

Name of trader: ……………………………………………………………..

Address: ……………………………………………………………………………

Telephone: ……………………………… Fax:………………… Email: ………………………

Pursuant to Circular……/2020/TT-BCT dated……..2020 of the Minister of Industry and Trade, (name of the trader)………applies for registration of import of HFC as follows:

Substance: …………………………………………………………………………………..

Estimated import amounts (kg) ………………………………………………….

Registered amount (kg) ………………………………………………………………….

Import contract No.:…………………………….dated……………………..

Exporting country: ………………………………………………

(Name of trader)…… undertakes that all statements provided herein are truthful and accurate, and shall comply with regulations and laws in force.

APPENDIX IV

APPLICATION FOR REGISTRATION OF EXPORT OF HFCs
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer)

To: Ministry of Industry and Trade

Name of trader: ……………………………………………………………..

Address: ……………………………………………………………………………

Telephone: ……………………………… Fax:………………… Email: ………………………

Pursuant to Circular……/2020/TT-BCT dated……..2020 of the Minister of Industry and Trade, (name of the trader)………applies for registration of export of HFC as follows:

Substance: …………………………………………………………………………………..

Registered amount (kg) ………………………………………………………………….

Importer: ……………………. Importing country: …………………..

Export contract No.:…………………………….dated……………………..

Seller:  ………………………………………………

(Name of trader)…… undertakes that all statements provided herein are truthful and accurate, and shall comply with regulations and laws in force.

Certification of Ministry of Industry and Trade

APPENDIX V

REPORT ON IMPORT AND EXPORT OF HFCs
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing import, export and temporary import for re-export of ozone layer-depleting substances according to the Montreal Protocol on Substances that Deplete the Ozone Layer)

REPORT

On import/export of HFCs

To: Ministry of Industry and Trade

Pursuant to Circular……/2020/TT-BCT dated……..2020 of the Minister of Industry and Trade, (name of the trader)……… hereby reports on the import/export of HFCs in Quarter….., 20…. or in….(year) as follows:

(Name of trader)…..undertakes that all statements provided herein are accurate and shall assume legal responsibility for any false statement.

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