Joint Circular No. 47/2011/TTLT-BCT-BTNMT providing the management of the 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

OFFICIAL GAZE HE Issue nos 1l.121January 2012 (Gong Beo nos 111·1121JGlruary 23. 2012) Part I. LEGAL DOCUMENTS THE MINISTRIES THE MINISTRY OF INDUSTRY AND TRADE· THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT JointC1Tcular No. 47/2011/TTLT BCT·B'I~MT of December 30, 2011, providtftg the management of the import,:~port and temporary import ,. for re·~ort of ozone layer-depleting substartc"es according to the Montreal Protoct7.t on Substances that Deplete the Ozat Layer Purs to the 1985 Vienna Convention on Proteeti~j the Ozone Layer and the 1987 Montreal:f:rotocol on Substances that Deplete the OZOftt'- Layer and its amendments and suppleTt!.e!f!ations, which have been ratified by the State f¥.the Socialist Republic of Vietnam; Pursuant to the Government's Decree No. 1891200~~D-CP of December 27, 2007, defining...u.e functions, tasks, powers and organizil!1f1llal structure of the Ministry of Industry arid Trade,' Pursuant to the Government's Decree No. 44120llfND-CP of June 14, 2011, amending and supplementing Article 3 of the Government sDecree No. 18912007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry ofIndustry and Trade; Pursuant to the Government s Decree No. 2512008/ND-CP ofMarch 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry ofNatural Resources and Environment; Pursuant to the Government's Decree No. 1912010/ND-CP of March 5, 2010, amending Points c, d, g, hand i. Clause 5, Article 2 ofthe Government sDecree No, 25120081ND~CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment; Pursuant to the Government's Decree No, 89/2010/ND-CPojAugust 16, 2010, amending Article 3 of the Government's Decree No. 25/ 2008lND~CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry ofNatural Resources and Environment; Pursuant to the Government's Decree No. 1212006/ND-CP ofJanuary 23,2006, detailing the Commercial LAw regarding international goods sale and purchase, goods sale and purchase agency, processing and transit with foreign parties; Pursuant to the Prime Minister's Decision No. 41120051QD-TTg of March 2, 2005, promulgating the Regulation on goods import licensing; The Minister ofIndustry and Trade and the Minister ojNatural Resources and Environment @ VIETNAM LAW &lEGAL FORUM Issue nos 11-l21January 2012 OFFICIAL GAZETTE (Cong BaD HOS J1J·lJ2/Jmuf(lJ"v 23,2012) :11 jointly provide the management of the 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 as follows: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation and subject of application 1. This Circular guides the sequence and procedures for licensing the import and temporary import for re-export and certifying the registration for the import and export of ozone layer-depleting substances belonging to the Momreal Prctocol on Substances that Deplete the Ozone Layer (below referred to as the Protocol for short). 2. This Circular applies to traders that import, export and temporarily import for re export ozone layer-depleting substances and related organizations and persons. 3. Ozone layer-depleting substances to be managed under this Circular are: al Hydrochlorofluorocarbons (HCFCs) belonging to Appendix I to this Circular (not printed herein). bl HCFC-141 b pre-blended polyol. Article 2. Principles of management of the import, export and temporary import for re export of ozone layer-depleting substances 1. Traders may import, export and temporarily import for re-export ozone layer depleting substances only with the Parties to the Protocol. The Ministry of Natural Resources and Environment shall update and post on its website the list of the Parties to the Protocol, 2. HCFCs belonging to Appen~ to this..... Circular shall be managed with impoFt quotas according to the phase-out road~.provided (.. t in lhe Protocol and [he bilateral agrfe,ments OIl provision of financial assistancefor HCFC phase-out between Vietnam and the~ Itilateral Fund for the Implementation of th~~tocol. 3. The import, export and tempo&y import-for re-ex port of HCFCs belonging t~ppendix I and the import of HCFC-14lb ~blended-polyol shall be managed on the~llowing principles: alTraders that import or export o~e layer-.. depleting substances shall registers-with the Ministry of Natural Resources and Em;ronmem and obtain the Ministry's certificat~thereof. The Ministry of Natural Resoaes and Environment shall certify the volum~~MHCFCs-registered for import by a trader based on the import quotas for HCFCs providedrrr'Articie 3 dud the average volume of HCP@;actually imported by that trader in three (3) consecutive years preceding the year of import registration by the trader. bl The import of HCFCs belonging to Appendix I complies with import licenses granted by the Ministry of Industry and Trade @ VIETNAM LAW & LEGAl. ~ORUM OFFICIAL GAZETTE Issue nos 1l.121January 2012 (Cong Baa lias 11 l-t t l/Ianuary 2J, 2UI2) on the basis of import registration certifications of the Ministry of Natural Resources and Environment. cl The temporary import for re-export of HCFCs belonging to Appendix I complies with licenses granted by the Ministry of Industry and Trade. ,.-. dI T~ 1mport of HCFC-141b pre-blended polyol and-the export of HCFCs belonging to Appeni[~ f must be based on traders' registrat~certifiedby the Ministry of Natural-Resourc~nd Environment. Chapter II QUaIAS AND PROCEDURES FOR IMPORTING HCFCs Arti41i3. Import quotas for HeFes ......-1. Th~~inistry of Industry and Trade shall allocatetrriPort quotas for HCFCs belonging to Appendix, I according to Vietnam's HeFe phase-ourbbligations. The annual volume of import q~otas for each group of HCFCs from Januaryr, 2012, through December 3 L 2019,, are as fcHows: ~.. Unit of ijiV'ulation: ton provided by the Multilateral Fund for the Implementation of the Protocol, have completed the production conversion for using their substitutes. Before November 31 every year, the Ministry of Natural Resources and Environment shall send to the Ministry of Industry of Trade a notice of the volumes of HCFCs actually phased out in Vietnam. Defore January J 1 of the subsequent year, the Ministry of Industry and Trade shall announce the reduced import quotas for HCFCs belonging to Appendix Ion the basis of the notice of the Ministry of Natural Resources and Environment. 3. After 2019, the annual import quotas for HCFCs belonging to Appendix I shall be updated by the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment based on the results of HCFC phase-out in Vietnam and decisions of the Parties to the Protocol. 4. Import quotas for HCFCs belonging to Appendix I may not be transferred and are valid for the import of these substances into Vietnam within the year of licensing. 5. If traders that import HCFCs belonging to Appendix I under quotas but later export , .. .....-, Su~esNear 2012 2013 2014 2015 2016 2017 2018 2019 HCFC-141b 500 300 150 0 0 0 0 () Other HCFcs 3,700 3,400 3,700 3,600 3,600 3,600 3,600 3.600 2. During 2016-2019, the annual import quotas for HCFCs belonging to Appendix I shall be reduced corresponding to the substances for which traders, with funds and technologies them (by themselves or entrust others to do so) wish to continue importing these substances, they may be considered for receiving additional quotas which, however, CI VlfTNAM LAW" LEGAL FORUM Issuenos 11-12l.Ianuary 2012 OFFICIAL GAZETTE (GongBao l/(II lJ1-1l2/Jwwary 23, 2(12) must not exceed the exported volumes. Article 4. Procedures for importing HCFCs 1. Procedures for certifying the registration for the import of HCFCs at the Ministry of Natural Resources and Environment a/Traders shall send by post to the Ministry of Natural Resources and Environment one ( 1) set of dossier of registration for the import of HCFCs belonging to Appendix 1. A dossier comprises: Written registration for the importofHCFCs belonging to Appendix 1: three (3) originals (made according tu the form provided ill Appendix II to this Circular, not printed herein). Business registration certificate or investment certificate or business license: one (l) copy containing the trader's certification and seal. For the case specified in Clause 5 of Article 3, in addition to the above-mentioned documents, a trader shall send the goods sale invoice and ex.port customs declaration containing the exporter's certification of completion of customs procedures (copies containing the trader's certification and seal) to the Ministry of Natural Resources and Environment for import certification. hi Within seven (7) working days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall make import certification in the three (3) written registrations for the import of HCFCs and send two (2) otthern to the trader concerned by post. The Ministry of Natural Resources and Environment's certification has the following contents: name of the country of exportation and name, chemical name, chemical formula, Ashrae index (for refrigerants), volume and HS code of the substance. If refusing to certify the import, within seven (7) working days after receiving a ~ier, the ,..."t Ministrv of Natural Resources and ~~onment shall issue a written reply c1earl~ting the reason to the trader concerned. 2. Procedures for licensing the..J,mport of HCFCs at the Ministry of Industry MdTrade a/Traders shaJl send by post to tM+finistry of Industry and Trade one (l) tl;ssier of application for a license for imporM;r HFCFs "..... belonging to Appendix 1. A dossier~prises: Written registration for the~port of HCFCs containing the Ministry ~ Natural..,. Resources and Environment's certification: one (1) original. Import contract: one (1) COPY.~Qntaining the trader's certification and seal. " Business registration cerrtticate or investment certificate or business Ifc:ense:one (l) copy containing the trader's c.-tification and seal. bJ Within seven (7) working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall grant a license made according to the form provided in Appendix III to this Circular (110t printed herein) and send it by post to the trader concerned. e VIETNAM LAW & EGAL FORUM , OFFICIAL GAlETTE Issuenos1l·12lJanuan 2012 (Gong BaD 170S 11l~1l2/Jalluary 23.2012) If refusing to grant a license, within sevell (7) working days after recei ving a dossier. the Ministry of Industry :1nd Tr:ldf' shall issue II written reply clearly stating the reason to the trader concerned. 3. Dossiers to be submitted by traders to customsoffices when carrying out procedures ".. .. for importing HCFCs ~. Whe.\LCarrying out procedures for importing HFCFs ~onging to Appendix 1, traders shall submit t~stomsoffices the following papers: ;0.." aJ O~l) original import license granted ....., by the ~wistry of Industry and Trade; blather papers as provided by the customs law. Chapter III PROC~RESFOR IMPORTING HCFC-.... 141~E-BLENDED POLYOLAND EX~TINGAND TEMPORARILY IMPOlt'tING FOR RE-EXPORT HCFCs Article 5. Procedures for importing HCFC 141bpre-blended polyol 1. Procedures for certifying the registration for the i1j)port of HCFC-141b pre-blended polyol aune Ministry of NaturaJ Resources and Environment aJ Traders shall send by post to the Ministry ofNatural Resources and Environment one (I) set of dossier comprising three (3) original written registrations for the import of HCFC 141b pre-blended polyol, made according to the fUllll plOV ided in Appendix IV to this Circular (not printed herein). bl Within seven (7) working days after receiving a complete and valid dossier, the Ministry of Natural Resources and Environment shall make certification in the three (3) written registrations for the import ofHCFC-141 b pre blended polyol and send two (2) of them by post to the trader concerned. The Ministry of Natural Resources and Environment's certification has the following contents: name of the country of exportation, volume and HS code. If refusing to make certification, within seven (7) 'Working days after receiving a dossier, the Ministry of Natural Resources and Environment shall issue a written reply clearly stating the reason to the trader concerned. 2. Dossiers to be submitted by traders to customs offices when carrying out procedures for importing HFCF-141b pre-blended polyol When carrying out procedures for importing HCFC-141b pre-blended polyol, traders shall submit to customs offices the following papers: alOne (1) original written import registration containing the Ministry of Natural Resources and En vironment' s certification; blather papers as prescribed by the customs law. Article 6. Procedures for exporting HCFCs 1. Procedures for certifying the registration for the export of HCFCs at the Ministry of Natural Resources and Environment . 0 VlETNAIIlAW & L: L fORUM Issue nos 11-12l.Ianuary 2012 OFFICIAL GAZETTE (Gong Baollos ffJ-J/2/Jawwrv23, 2012) aJ Traders shall send by post to the Ministry of Natural Resources and Environment one (1) set of dossier comprising three (3) original written registrations for export of HCFCs belonging to Appendix I. hi Withiu seven (7) wUlkillg days <t[leJ receiving a complete and valid dossier, the Ministry ofNatural Resources and Environment shall make certification in the three (3) registrations for the export of HCFCs and send two (2) of them by post to the trader concerned. The Ministry of Natural Resources and Environment's certification has the following contents: name of the country of importation; and name, chemical name and chemical formula, Ashrea index (for refrigerants), volume and HS code of the substance. If refusing to make certification, within seven (7) working days after receiving a dossier, the Ministry of Natural Resources and Environment shall issue a written reply clearly stating the reason to the trader concerned. 2. Dossiers to be submitted by traders to customs offices when carrying out export procedures for HCFes When carrying out procedures for exporting HCFCs belonging to Appendix I, traders shall submit to customs offices the following papers: aJ One (1) original written registration for the export of HCFCs belonging to Appendix I containing the Ministry of Natural Resources and Environment's certification; bl Other papers as provided by the customs law. Article 7. Procedures for temporarily importing HCFCs for re-export 1. Procedures for licensing the temporary import for re-export of HCFCs at the Ministry of Industry and Trade aJ Traders shall send by post to the Ministry of Industry and Trade one (1) set ot~ssier of application for a license for tempo~~ import for re-export of HCFCs belongin~Appendix 1. A dossier comprises: An application for a license for-temporary import for re-export of HCFCs be(cmging to ,' Appendix I, made according t~e form provided in Appendix VI to this Cft'e'tllar (not printed herein). Business registration ccrtificu~rinvest--men: certificate or business license:~ (I) copy-containing the trader's certifjcatiolblPd seal. Goods purchase contract and$ods sale contract: one (1) copy of eac~,~ontract containing the trader's certification.aad seal. .. bl Within seven (7) working~ys after receiving a complete and valid ~sier, the Ministry of Industry and Trade sl[<Hj grant a license to the trader concerned. If refusing to grant a license, w~jn seven (7) working days after receiving aao'ssier, the Ministry of Industry and Trade shall issue a written reply clearly stating [he reason to the trader concerned, 2, Dossiers to be submitted by traders to customs offices when carrying out procedures for tcrnporari ly importing l ICf-Cs for re-export e VIETNAM LAW & LEGALFORUM OFFICIAL GAZETTE Issue nos1l·12l.lanuary 2012 (Cong Baonos 1ll~1l2lJal!uary 23, 2012) When carrying out procedures for temporarily importing HCFCs for re-export, traders shall submit to customs offices the following papers: aJ One (1) original license for temporary import for re-export of HCFCs granted by the MiniStry of Industry and Trade; bl Otb.~~ papers as provided by the customs law. Chapter IV ORGA~ATIONOF IMPLEMENTATION Arti~.Reporting regime Trad,,<r~shall make reports on the import,...... export alftt temporary import for re-export of-HCFCs M import ofHCFC-141b pre-blended-polyol ~ording to the form provided in-Append~VII to this Circular (not printed herein),;a;Qd send them to the Ministry of-Indus~dTrade and the Ministry of Natural ResourcQo.e.nd Environment as follows: l. Q\J.i'fterly reports on the import and temporaty'import for re-export ofHCFCs under licenses ~~nted by the Min Istryof Industry and Trade mQ..be sent prior to the 5th of the first month~e subsequent quarter. 2.~al reports (enclosed with copies of customs declarations) on the import and temporary import for re-export of HCFCs under licenses granted by the Ministry oflndustry and Trade; and on the import of HFCF-14ib pre blended polyol, and the export of HCFCs under certifications of the Ministry of Natural Resources and Environment must be sent prior to December 31. When necessary, traders shall report on matters related to the imparl, export and temporary import for re-export of HeFes and the import of HCFC-141 b pre-blended polyol at written request of the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment. Article 9. Effect 1. This Circular takes effect on January 1, 2012, and replaces Joint Circular No. 14/2005/ TTLT-BTM-BTNMT of July 11,2005, of the Ministry of Trade and the Ministry of Natural Resources and Environment, guiding the management of the import, export and temporary import fOT re-export of ozone layer depleting substances in pursuance to the Montreal Protocol on Substances that Deplete the Ozone Layer. 2. Any problems arising in the course of implementation of this Circular should be reported in writing to the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment for consideration and guidance. For the Minister ofIndustry and Trade Deputy Minister NGUYEN THANH BIEN For the Minister of Natural Resources and Environment Deputy Minister TRAN IlONG IIA e VIETNAM LAW &LEGAL FORUM