Circular No. 15/2013/TT-BCT on coal export

Article 1. Scope of regulation 1. This Circular provides the list of coal, quality standards and conditions for export. 2. The export of coal by the modes of temporary import for re-export and processing for foreign enterprises for export is not governed by this Circular and complies with the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law regarding international good purchase and sale and goods purchase, sale, processing © Vietnam Law & Legal Forum Issue nos 11-12/July 2013 49 (Công Báo nos 437-438/July 27, 2013) and transit with foreign parties. 1. When carrying our procedures for coal export, in addition to documents according to

Article 2. Subjects of application customs regulations, exporters shall produce This Circular applies to state management the following papers: agencies and enterprises engaged in coal export a/ A sample analysis note certifying the in the Vietnamese territory. exported coal shipment’s conformity to quality standards, issued by a laboratory that meets

Article 3. Interpretation of terms VILAS standards; In this Circular, the terms below are b/ Documents proving the lawful origin of construed as follows: exported coal. 1. VILAS standards refer to standards of the Vietnam Laboratory Accreditation Scheme. 2. Documents proving the lawful origin of exported coal include: 2. Competent state agencies include central state management agencies (ministries) a/ For coal mining enterprises: Valid mining and People’s Committees of provinces and license or salvage mining license granted by a centrally run cities (provincial-level People’s competent state agency; Committees). E)RUFRDOSURFHVVLQJHQWHUSULVHV&HUWL¿FDWH of investment in coal processing facilities and

Article 4. Conditions on coal export contract on sale of coal of lawful origin for 1. Only enterprises may export coal. Coal processing; exporters are those eligible for coal trading c/ For coal importers and exporters: as prescribed in the Ministry of Industry and Coal purchase and sale contracts, enclosed Trade’s Circular No. 14/2013/TT-BCT of July with copies of value-added invoices or coal 15, 2013, providing for conditions on coal export entrustment contracts signed with trading. enterprises specified at Point a or b of this 2. Coal may be exported when fully meeting Clause; or valid documents on purchase of the following conditions: coal confiscated and liquidated by competent a/ Having been processed up to the quality state agencies. standards prescribed in Appendix I to this 3. When carrying out procedures for Circular or equivalent quality standards; customs clearance, if suspecting that an b/ Having a lawful origin as prescribed in the export coal shipment fails to meet the quality Ministry of Industry and Trade’s Circular No. standards prescribed in this Circular, the border- 14/2013/TT-BCT of July 15, 2013, providing gate customs may grant customs clearance for conditions on coal trading; and, at the same time, make a record and c/ Complying with the Government’s other take samples for testing. The testing must be regulations (if any) on import and export carried out by a laboratory that meets VILAS activities in each period. VWDQGDUGV ,I WHVWLQJ UHVXOWV FRQ¿UP WKDW WKH suspicion is grounded, coal exporters shall

Article 5. Procedures for coal export be administratively sanctioned according to © Vietnam Law & Legal Forum 50 Issue nos 11-12/July 2013 (Công Báo nos 437-438/July 27, 2013) current regulations and pay testing expenses. 2. When necessary, the General Department If testing results show that such coal shipment of Energy shall, based on practical coal mining, reaches quality standards as prescribed, the processing and trading activities, propose the ERUGHUJDWH FXVWRPV RI¿FH VKDOO SD\ WHVWLQJ Ministry of Industry and Trade to amend and expenses. supplement this Circular.

Article 6. Reporting on coal export Article 8. Effect 1. Reporting contents: This Circular takes effect on September 1, 2013, and replaces the Ministry of Industry a/ Categories, volume and origin of exported and Trade’s Circular No. 05/2007/TT-BCT of coal and coal export value; October 22, 2007, guiding coal export. b/ Observance of regulations on coal export. Article 9. Organization of implementation 2. Reporting regime: 1. The Ministry of Industry and Trade shall, based on domestic coal demand and Coal exporters shall make periodical reports coal mining and processing capacity, consider on coal export once every six months (at the adjusting the list of coal allowed for export EHJLQQLQJRIWKH¿UVWDQGWKLUGTXDUWHUVHYHU\ as well as their quality standards and export year), and send them to the Ministry of Industry conditions. and Trade and provincial-level Departments of Industry and Trade and Departments of Natural 2. Valid coal export contracts (as prescribed in the Ministry of Industry and Trade’s Circular Resources and Environment of the localities No. 05/2007/TT-BCT of October 22, 2007, where coal is exported. guiding coal export) which have been signed 3. Coal exporters shall take responsibility before the effective date of this Circular may for the accuracy and truthfulness of reported be further implemented through their expiration data and information. date. 4. Coal exporters shall make irregular 3. The Ministry of Industry and Trade may reports on coal export to serve management order coal exporters that violate this Circular requirements when so requested by competent to stop coal export. state agencies. 4. State management agencies and enterprises

Article 7. Management responsibilities engaged in coal export shall implement this Circular. Any problems arising in the course of 1. The General Department of Energy (the implementation should be promptly reported in Ministry of Industry and Trade) shall assume writing to the Ministry of Industry and Trade the prime responsibility for, and act as the focal for consideration and handling.- point in coordinating with related ministries, sectors and localities in, periodically inspecting For the Minister of Industry and Trade the observance of this Circular and other Deputy Minister relevant laws. LE DUONG QUANG © Vietnam Law & Legal Forum Issue nos 11-12/July 2013 51 (Công Báo nos 437-438/July 27, 2013)

Appendix I LIST OF COAL, QUALITY STANDARDS AND CONDITIONS FOR EXPORT (To the Ministry of Industry and Trade’s Circular No. 15/2013/TT-BCT of July 15, 2013, on coal export) *URVVFDORUL¿F Type of Grain Ash on dry Conditions and No. value on dry basis, exported coal size (mm) basis, Ak (%) time of application Qkgr (cal/g) Lump coal of all 1 types Hon Gai - Cam 6 ÷100 3 ÷ 16 • Export restriction Pha after 2015 Mao Khe 15 ÷ 100 7 ÷ 15 • Uong Bi - Nam M a u - Va n g 6 ÷ 90 7 ÷ 15 • Danh Pulverized coal 2. of all types 2.1 Grades 1, 2, 3 Export restriction Hon Gai - Cam after 2015 ” 5 ÷ 19 • Pha Uong Bi - Nam M a u - Va n g ” 8 ÷ 19 • Danh 2.2 Grade 4 Hon Gai - Cam ” 19.01 ÷ 27 • Pha Export suspension Mao Khe ” 23.01 ÷ 27 • from 2016 Uong Bi - Nam M a u - Va n g ” 19.01 ÷ 27 • Danh 2.3 Grade 5 Hon Gai - Cam ” 27 ÷ 35 • Pha Export suspension Mao Khe ” 27.01 ÷ 35 • from 2016 Uong Bi - Nam M a u - Va n g ” 27.01 ÷ 35 • Danh © Vietnam Law & Legal Forum 52 Issue nos 11-12/July 2013 (Công Báo nos 437-438/July 27, 2013) 2.4 Grade 6 Hon Gai - Cam ” 35.01 ÷ 45 • Pha Export suspension Mao Khe ” 35.01 ÷ 45 • from 2015 Uong Bi - Nam M a u - Va n g ” 35.01 ÷ 45 • Danh Note: Quality standards of exported coal a number of articles of the Ministry of comply with Vietnam’s standard TCVN Justice’s Circular No. 08.a/2010/TT-BTP 8910:2011 - Commercial coal - Technical of March 25, 2010, promulgating, and VSHFL¿FDWLRQV guiding the note-taking, archive and use of, civil status books and forms, and Circular No. 05/2012/TT-BTP of May 23, 2012, amending and supplementing a number of articles of Circular No. THE MINISTRY OF EDUCATION AND 08.a/2010/TT-BTP TRAINING This Circular takes effect on July 5, 2013.- Circular No. 26/2013/TT-BGDDT of July 15, 2013, amending and supplementing a number of articles of the Regulation on the order and procedures for recognizing diplomas granted to Vietnamese by foreign education institutions, promulgated together with the Minister of Education OTHER DOCUMENTS and Training’s Decision No. 77/2007/QD- THE PRESIDENT BGDDT of December 20, 2007 This Circular takes effect on August 30, 2013.- Decision No. 1195/QD-CTN of July 11, 2013, permitting the renunciation of Vietnamese nationality To permit 7 persons currently residing in THE MINISTRY OF JUSTICE the Czech Republic to renounce Vietnamese nationality. Circular No. 09b/2013/TT-BTP of May This Decision takes effect on the date of 20, 2013, amending and supplementing its signing.- © Vietnam Law & Legal Forum