Circular No. 02/2006/TT-BCN Guiding the Export of Minerals

1. VILAS standards are standards set by the Vietnam Laboratory Accreditation Scheme. Laboratories meeting VILAS standards are those having the quality management system under ISO/ IEC 17025, equivalent to TCVN ISOIIEC 17025:2001. VILAS certificates are granted by the Quality Accreditation Office under the General Department of Standardization, Metrology and Quality Control.

2. State agencies competent to grant mineral exploitation or processing permits are the Ministry of Industry (before November 11, 2002), the Ministry of Natural Resources and Environment (as from November 11,2002), or provincial/municipal People's 30 OFFICIAL GAZETTE Issue no 05/May 2006 (Gong Baa no 20lMay 16, 2006) Committees. and purchase activities and goods sale and purchase agency, processing and transit with foreign countries. II. PROVISIONS ON THE EXPORT OF MINERALS 4. The export of pit coal shall comply with the Industry Ministry's Circular No. 02/1999/TT-BCN of

1. Minerals shall be permitted for export only if they June 14, 1999, guiding the conditions for trading in pit fully meet the following conditions and standards: coal. The non-quota export of coal to China shall al Being exploited from mines not planned for comply with the Trade Ministry's§ircular No. 15/20001 domestic processing. TT-BTM of August 10, 2000. bl Having been processed to meet the quality 5. The export of petroleum shall comply with the standards and conditions specified in the List enclosed July 6, 1993 Petroleum Law and the June 9, 2000 with this Circular. The quality standards of minerals for Law Amending and Supplementing a Number of which a certain percentage of metal is required must Articles of the Petroleum Law. be certified by laboratories meeting VILAS standards. 6. For minerals which have been categorized, sorted, washed and processed but fail to reach the

2. To be licensed to export minerals, enterprises quality standards provided for in the List enclosed with must be those set up under the provisions of law, fully this Circular or minerals not yet included in the List, meeting the conditions set in the Commercial Law on the Ministry of Industry (for solid and non-metal goods import, export, processing as well as purchase minerals) or the Ministry of Construction (for minerals and sale agency with foreign countries, and satisfying used as construction materials) shall guide the export one of the following conditions: thereof. Any special adjustment or supplement to the al Possessing valid mineral exploitation permits or planning must be reported to the Prime Minister. mineral full-extraction permits, granted by competent state agencies. III. IMPLEMENTATION PROVISIONS bl Possessing valid mineral processing permits and contracts on the purchase of minerals for processing, 1. Basing itself on the demands for each type of signed with organizations or individuals that possess mineral used for domestic projects on intensive valid mineral exploitation permits or mineral full- processing of minerals, the Ministry of Industry shall extraction permits. consider the adjustmentof minerals permitted for export cl Possessing contracts on the purchase of on the List enclosed with this Circular and publish such minerals or contracts on entrusted export of minerals, adjustment one year before stopping the export thereof. signed with organizations or individuals that possess

2. This Circular takes effect 15 days after its valid mineral exploitation permits, mineral full- publication in "CONG BAO" and replaces the Industry extraction permits or mineral processing permits. Ministry's Circular No. 04/2005/TT-BCN of August 2,

3. The export of minerals by mode of temporary 2005, guiding the export of minerals in the 2005-2010 import for re-export or undertaking processing for period. foreign traders shall comply with the provisions of the Government's Decree No. 12/2006/ND-CPof January For the Minister of Industry 23, 2006, detailing the implementation of the Vice Minister Commercial Law regarding international goods sale DO HUU HAO Issue no OSIMay 2006 OFFICIAL GAZETTE 31 (Gong BaD no20lMay 16, 2006) LIST OF QUALITY STANDARDS AND CONDITIONS OF EXPORTED MINERALS (Issued together with the Industry Ministry's Circular No. 02/2006fTT-BCN of April 14, 2006) No. Exported minerals Content Time limits and conditions 1 Refined chromite are ~46% Cr 20 3 2 Titanium are products - Refined ilmenite are (mineral ~ 52% Ti0 2 «57%) To be permitted for export till the end sand) of 2008 only - Refined ilmenite are (base) ~48% Ti02 Those exploited from Cay Cham mine (Thai Nguyen province) shall be permitted for export till the end of 2008 only - Refined zircon are ~65% To be permitted for export till the end of Aptil 2007 only - Refined rutile ore ~83% Ti0 2 - Refined monazite are ~57% ReO 3 Refined lead sulfide are ~50% Pb 4 Refined copper are ~ 18% Cu To be permitted for export till the end of 2006 only . 5 Zinc are products - Refined zinc sulfide are ~50%Zn To be permitted for export till the end of 2006 only - Zinc oxide are ~25%Zn To be permitted for export till the end of 2006 only - Zinc oxide powder ~60%Zn 6 Iron are ~ 54% Fe Granule Minerals exploited from Thach Khe size < 50 mm mine, Ha Tinh province, must not be exported. Minerals exploited from Quy Xa mine shall be permitted for export only in exchange for imported coke in service of domestic steel refinement 7 Iron are in granules ~ 66% Fe Granule size of 8 -15 mm 32 OFFICIAL GAZETTE Issue no OS/May 2006 (Gong BaD no20lMay 16, 2006) 8 Refined magnetite ore ;" 75% Fe203 9 Manganese ore ;,,35% Mn 10 Refined wolframite ore ;,,65% W0 3 11 Refined bauxite ore ;,,48%A1 203 Exploited from mines outside the Central Highlands area ;,,48%A1203 Those exploited from Bao Loc mine, Lam Dong province (by the Southern Base Chemical One-Member Limited Liability Company), shall be permitted for export till the end of 2006 only 12 Pyrophyllite kaolin are ;" 17%AIP3 13 Fluorite are ;,,65% CaF 2 14 White sand Already sorted and Except for Cam Ranh mine (Khanh washed Hoa province), which is managed by the Ministry of Construction Grade II; Already Van Hai mine (Quang Ninh province) sorted and washed < 98% Si02 15 Gravel and yellow sand Already sorted and washed 16 Block of stone Already cut and processed 17 Slabs Already processed 18 White stone Already processed 19 White stone powder Whiteness' 90% 20 Barite - Barite are Already sorted and washed - Barite powder ;,,89% BaS04 21 Felspar ;" 12% K2O+Na2O