Thông tư 05/2018/TT-BXD về hướng dẫn xuất khẩu khoáng sản làm vật liệu xây dựng do Bộ trưởng Bộ Xây dựng ban hành

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./.

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)

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

2. Compliance with regulations on mineral export:

3. Recommendations:

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.

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