Circular No. 14/2013/TT-BCT prescribing coal trading conditions,

Article 1. Scope of regulation This Circular prescribes coal trading conditions, including activities of domestic trading, import, export, temporary import for re-export, transit, transportation, storage and distribution of coal.

Article 2. Subjects of application This Circular applies to state management agencies and enterprises engaged in coal trading in the territory of Vietnam.

Article 3. Interpretation of terms THE MINISTRY OF INDUSTRY AND In this Circular, the terms below are TRADE construed as follows: 1. Coal means all types of fossil coal and Circular No. 14/2013/TT-BCT of coal of fossil origin in crude or processed July 15, 2013, prescribing coal form. trading conditions 2. Competent state agencies include central Pursuant to the Government’s Decree state management agencies (ministries) No. 95/2012/ND-CP of November 12, 2012, and People’s Committees of provinces and © Vietnam Law & Legal Forum Issue nos 11-12/July 2013 47 (Công Báo nos 437-438/July 27, 2013) centrally run cities (provincial-level People’s line of coal trading. Committees). %DVHGRQVSHFL¿FWUDGLQJDFWLYLWLHVDFRDO 3. Coal of lawful origin means coal which trading enterprise must satisfy the following is: conditions: a/ Mined or salvaged from mines, mining a/ Owning or renting a place of trading, spots and dumps that have valid mining licenses means of transport, loading/unloading or salvage licenses granted by competent state equipment, warehouses, ports, means for agencies; weighing and measuring coal volumes in b/ Lawfully imported; service of business operations, and satisfying c/ Confiscated or put on public sale by all technical requirements and conditions on competent state agencies; VDIHW\ HQYLURQPHQWDO VDQLWDWLRQ DQG ¿UH DQG H[SORVLRQSUHYHQWLRQDQG¿JKWLQJXQGHUFXUUHQW d/ Proceeded under certificates of regulations; coal processing investment in processing establishments having signed coal purchase b/ Means of transport must be equipped contracts directly with enterprises that own with shields and screens to prevent dusting coal sources prescribed at Points a, b and c of and dropping, and satisfy all requirements this Clause. on environmental protection when joining WUDI¿F Imported coal is considered lawful when having imported coal declarations with c/ Locations and positions of coal export or FHUWL¿FDWLRQ E\ ERUGHUJDWH FXVWRPV RI¿FHV receipt ports and landings must comply with FHUWL¿HGFRSLHV  local port plans that require coal warehouses, For coal volumes confiscated or put on equipment for safe loading/unloading of public sale, the following documents are coal onto/from means of transport, and have UHTXLUHG,QYRLFHRQVDOHRIFRQ¿VFDWHGDVVHWV environmental protection measures; and forfeiture to public funds, ex-warehousing d/ Coal warehouses or coal trading stations bills, written records of handover of assets or shops must have separate storing spaces involved in administrative violations and for different categories of coal; positions of FRQ¿VFDWHGIRUSXEOLFVDOH FHUWL¿HGFRSLHV  warehouses and storing spaces must conform 4. Coal trading activities means those with local construction plans and meet all VSHFL¿HGLQ$UWLFOH requirements on environment, traffic order and safety under current regulations. For

Article 4. Coal trading conditions VHOIEXUQLQJFRDO¿UHSUHYHQWLRQDQG¿JKWLQJ 1. Only enterprises are allowed to trade in measures and devices must be inspected and coal. JUDQWHG OLFHQVHV E\ ORFDO ¿UH SUHYHQWLRQ DQG 2. Coal trading enterprises must be ¿JKWLQJDJHQFLHV established and operating in accordance with dd/ Managing officers, technicians and the Enterprises Law, and have a business employees directly engaged in coal trading registration certificate stating the business or providing coal trading services must have © Vietnam Law & Legal Forum 48 Issue nos 11-12/July 2013 (Công Báo nos 437-438/July 27, 2013) practice certificates granted under current regulations. 4. Enterprises may trade in coal of lawful origin.

Article 5. Management responsibilities 1. The General Department of Energy (the Ministry of Industry and Trade) shall assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, periodically investigating the implementation of this Circular and relevant regulations. 2. The General Department of Energy shall report on practical coal mining, processing and trading activities to the Ministry of Industry and Trade for consideration and revision of this Circular when necessary. 3. The Ministry of Industry and Trade may stop coal trading operation of coal trading enterprises that violate this Circular.

Article 6. Effect This Circular takes effect on September 1, 2013, and replaces the Ministry of Industry and Trade’s Circular No. 04/2007/TT-BCT of October 22, 2007, guiding coal trading conditions.

Article 7. Organization of implementation State management agencies and enterprises engaged in coal trading shall implement this Circular. Any problems arising in the course of implementation should be reported in writing by agencies and enterprises to the Ministry of Industry and Trade for consideration and settlement.- For the Minister of Industry and Trade Deputy Minister LE DUONG QUANG © Vietnam Law & Legal Forum