Joint Circular No. 002/2007/TTLT-BCT-BTNMT guiding the implementation of article 43 of the Environmental Protection Law regarding criteria for and conditions on the import of scraps

Issue no 091September 2007 OFFICIAL GAZETTE (C6ng Bao nos681-682/September21,2007) 33 THE MINISTRIES INTER - MINISTERIAL THE MINISTRY OFINDUSTRYAND TRADE THE MlNISTRY OF NATU/1A.L RESOURCES AND ENVIRONMENT JOINT CmCULAR No. 002l2007ffTLT-BCT BTNMT OF AUGUST30, 2007,GUIDING THE IMPLEMENTATION OFARTICLE 43 OFTHE ENVIRONMENTAL PROTECTION LAW REGARDING CRITERIA FOR AND CONDITIONS ON THE IMPORT OF SCRAPS Pursuant to the November 29, 2005 Environmental Protection Law; Pursuant to theJune14,2005Commercial Law; Pursuant toResolutionNo. 0112007/QH12 ofJuly 31, 2007, of the XU'h National Assembly of the Socialist Republic of Vietnam, the first session, on the organizational structure ofthe Government and thenumberofDeputyPrime Ministers during theXl]" Legislature Sterm; Pursuant to the Government's Decree No. 86/ 2002/ND-CP of November 5, 2002, defining the functions, tasks, powers andorganizationalstructures ofministries and ministerial-level agencies: Pursuant totheGovernments Decree No. 9112002/ ND-CP ofNovember 11, 2002, defining thefunctions, tasks, powers and organizational structure of the Ministry ofNatural Resources andEnvironment; Pursuant to the Governments Decree No. 12/ 2006/ND-CP oj January 23, 2006, detailing the implementation of the Commercial Law regarding international goods trading and goods trading agency, processingand transit wlthforeign countries; The Ministry of Industry and Trade and the Ministry ofNatural Resources andEnvironment guide theimplementation ofArticle 43oftheEnvironmental Protection Lawregarding criteriaforandconditions on the import of scraps by organizations and individuals that are traders (below collectively referred to as traders) asfollows: I. IMPORTERS AND CONDITIONS ON THE IMPORT OF SCRAPS: 1.Importers of scraps: a/ Traders that have production establishments directly usingimported scraps as raw materials for production or recycling. blTraders thatconductentrusted importof scraps for traders directly usingscrapsas raw malerials for production or recycling. cI Traders that import scmps for dislTihution to traders directly using scraps as raw materials for production or recycling. 2. Conditions on the import of scraps: a/ Traders that have production establishments directly using scrapsas raw materials forproduction orrecycling mustfullymeettheconditions specified in Clause 2, Article 43 of the Envrn:mmental Protection Law. hi Traders thatconduct entrusted import of scraps for traders directly using scraps musthave entrusted importcontracts signedwith traders directly using scraps as rawmaterials forproduction or recycling thatfully meetthe conditions specified atPoint a ofJhls Gause. c/ Traders that import "~r~p' for di~\ltion to traders directly using scraps as raw n1llterials for production or recycling must own orhirefur at least I yearstorehouses or yardsexclusively re~erved for storing scraps which satisfy environmental Conditions specified atPointsa andb, Clause 2,Article 43 of the Environmental Protection Law. They must sell out all the imported scraps within 3 months after those scraps arrive at a Vietnamese bordergate. 3. The Ministry of Natural Resources and Environment shall promulgate alistofscraps permitted tobeimported foruseasrawmaterials forproduction. 4. ThisCircular doesnotgovern goodswhichare bannedfromimportor subjecttoconditional import under the Government's Decree No. 12/2006/ND CPofJanuary 23,2006,detailing theimplementation oftheCommercial Lawregarding international goods trading and goods trading agency, processing and transit with foreign countries. © VIETNAM LAW & LEGAl. FORUM 34 OFFICIAL GAZETTE Issue no 09/September 2007 (C6ng Bao nos 681-682/September 21,2007) II. PROCEDURES FOR GRANT OF CERTIFICATES OF ELIGIBILITY FOR THE IMPORTOF SCRAPS: 1. Atrader thatfully meetstheconditions specified in Clause 2, Section I of this Circuiar shall send to the Natural Resources and Environment Service of the locality where the production establishment or the imported-scrap storehouse or yard is located a dossier of application for a certificate of eligibility for the importof scraps. Such a dossier comprises: aJ An IlpPlication for a certificate ofeligibility for the importof scraps, madeaccording to a set form. bl A copy of the decision approving the environmental impact assessment report, or the written certification of environmental protection commitment or environmental standard satisfaction registration made by the direct producer that uses scraps, With regardto the scrapstorehouse or yard. c/ Acopyof the latest environmental supervision report, whtehhasbeenmadewithin 6 months before the date of application (forproducers), or copiesof scrapsale..ontracts intheprevious importperiod(for importers of scraps for distribution). 2.Withl.n 15(fifteen) working daysafter receiving a complete and valid dossier, the provincial-level Natural Resources and Environment Service shall examine lhllodossier andgrant acertificate ofeligibility for theimpartofscraps, madeaccording to a setform, whichisv:Uid for 12months fromthedateof itsgrant, or notify .in writing the reason for its refusal to grant thatcertifua4le. 3.Atraderthathasproduction establishments and scrap storehouses and yards in different provinces and centrally run cities shall make a dossier of application foracertificateofeligibility fortheimport of scraps foreachestablishment, storehouse andyard in eachprovince andcity. III. PROCEDURES FOR THE IMPORT OF SCRAPS: Scrap import procedures shall be carried out at border-gate customs offices. Apart from the documents prescribed by the customs law, scrap importing traders shall alsoproduce tocustoms offices thefollowing documents: 1.For traders thathaveproduction establishments directly importing scraps foruseasrawmaterials for production or recycling: a!Acopyofthecertificate ofeligibility fortheimport of scraps, granted by the Natural Resources and EnvironmentService ofthelocality where theproduc tionestablishment is located (thetrader shall signand certify suchcopyandtakeresponsibility therefor). bl Acopyof thenoticeof importof scrapsfor use as rawmaterials forproduction, madeaccording to a setform, whichhas been sentto theprovincial-level Natural Resources and Environment Service under theprovisions of Pointb, Clause3,Article 43 of the Environmental Protection Law. 2. For traders that conductentrusted import: aIAn entrusted import contract signed with the trader directly using scraps as raw materials for production or recycling. blAcopyofthecertificateofeligibilityfortheimport of scraps, granted by the Natural Resources and Environment Service of the locality where thetrader's productionestablishmentislocated (the trader shall sign andcertify such copyandtakeresponsibility therefor). c/Acopyof thenoticeof importof scrapsfor use asrawmaterials forproduction, madeaccording to a set form, whichhas beensent to theprovincial-level Natural Resources and Environment Service under theprovisions of Pointb, Clause3,Article 43 of the Environmental Protection Law. 3. For traders that importscraps for distribution: aIAcopyofthecertificateofeligibilityfortheimport of scraps, granted by the Natural Resources and Environment Service of the locality where the scrap storehouse or yardis located (thetrader shall signand cerntysuchcopy and take responsibility therefor), bl If the imported-scrap storehouse or yard does not belong to the scrap-importing trader, the trader shall, apartfromacopyof thecertificate ofeligibility for the import of scraps, granted by the Natural Resources and Environment Service of the locality where thescrapstorehouse oryardis located, produce a copyof the storehouse- or yard-hiring contract. c/Acopyof thenoticeof importof scrapsfor use © VIETNAM LAW & LEGAL FORUM Issue no09/September 2007 OFFICIAL GAZETTE (Gong Bao nos 681-682/September 21,2007) 35 as raw materials for production, madeaccording to a set form, whichhas beensentto the provincial-level Natural Resources and Environment Service under the provisions of Pointb, Clause 3,Article43 of the Environmental Protection Law. IV. IMPLEMENTATION PROVISIONS: I. For traders: aITosend written notices on the importof scraps for use as raw materials for production, made according to a set form, to provincial-level Natural Resources and Environment Services under the provisions of Point b, Clause 3, Article 43 of the Environmental Protection Law. bl By January31 of the subsequent year, to send the previous year's reports UJ] the import of scraps and the use of imported scraps (madeaccording to a set form) to Natural Resources and Environment Services oflocalities where production establishments or imported-scrap storehouses or yards are located. Particularly, traders thatimport scrapsfordistribution shall make thosereports onceevery 6 months. cl Scrap-importing traders shall strictly observe the provisions of this Circular and Clause 3, Article 43 of the Environmental Protection Law; all acts of violation shallbe handled in accordance withArticle 127of the Envimnmental Protection Law. 2.Forprovincial/municipal People'sCommittees: Provincial/municipal People's Committees shall coordmate in and direct the inspection, detection, prevention andhandling ofacts ofviolation of thelaw intheimportofscraps andviolation ofotherprovisions ofClause 4,Article 43oftheEnvironmental Protection Law. 3. For provincial/municipal Services of Natural Resources and Environment: aINatural Resources and Environment Services oflocalitieswhereproduction establishments orscrap storehouses or yards are located shall inspect scrap importconditions andgrantcertificates of eligibility forthe importofscraps to applying organizations and individuals. Sucha certificate is validfor 12months. bl To conduct regular andextraordinary inspection of the performance of environmental protection tasks by organizations andindividuals that import scraps and useimported scraps as raw materials forproduction or recycling (including inspection of the satisfaction of conditions ontheimportofscraps). Provincial/municipal Natural Resources and Environment Services may revoke certificates ofeligibility for theimport of scraps ifdetecting violations of theprescribed conditions. c/Annually, to review andsendreports ontheimport ofscraps andenvironmental issues related toimported scraps in theirlocalities, madeaccording toa setform, totheMinistry ofNatural Resources andEmltronment. 4. This Circular takes effect 15 da)'~ after its publication in "CONG BAa." Agencies and organizations should promptly report problems or difficulties arising jn the course of implementation to the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment for timely solution. Forthe Minister ofIndustry IJ;4dTrade VICe Minister NGUYEN THANH BIEN Forthe Minister of Natural Resources andEnvlr6nment VIce Minister NGUYEN CONG THM.H © VIETNAM LAW & LEGAl FORUM