Circular No. 45/2023/TT-BCT

CIRCULAR

AMENDING AND SUPPLEMENTING CIRCULAR NO. 23/2021/TT-BCT DATED DECEMBER 15, 2021 OF THE MINISTER OF INDUSTRY AND TRADE PROVIDING FOR THE LIST OF CATEGORIES AND QUALITY OF EXPORTED MINERALS UNDER THE MANAGEMENT OF THE MINISTRY OF INDUSTRY AND TRADE

Pursuant to Decree No. 96/2022/ND-CP dated November 29, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 17/2020/ND-CP dated February 05, 2020 of the Government amending and supplementing a number of articles of the Decrees related to business investment conditions under the state management of the Ministry of Industry and Trade;

Pursuant to Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management;

At the proposal of the Director General of the Industry Agency;

The Minister of Industry and Trade promulgates the Circular amending and supplementing Circular No. 23/2021/TT-BCT dated December 15, 2021 of the Minister of Industry and Trade providing for the list of categories and quality standards of exported minerals under the management of the Ministry of Industry and Trade.

Article 1. Amending and supplementing Circular No. 23/2021/TT-BCT dated December 15, 2021 of the Minister of Industry and Trade

1. Amending and supplementing Article 4 as follows:

"Article 4. List of categories and quality standards of exported minerals

1. Exported minerals are minerals of legal origin that have undergone processing, are named in the List of categories, and satisfy the following quality standards:

a) For exported minerals of domestic origin: the list of categories and quality standards prescribed in Appendix 1 of this Circular.

b) For exported minerals of imported origin:

b.1. In case of processing goods (processing) for foreign traders: the category and quality standards of the product after processing shall comply with the processing contract signed with the foreign trader. The processing contract shall comply with Article 39 of Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management.

b.2. In cases of minerals processed from imported origin other than case b.1 above: the list of categories and corresponding quality standards of minerals in Appendix 2 of this Circular.

2. Traders exporting minerals as prescribed in Clause 1 of this Article may choose a Conformity Assessment Organization as prescribed in Decree No. 107/2016/ND-CP dated July 01, 2016 of the Government prescribing conditions for conformity assessment service business, as amended and supplemented by Decree No. 154/2018/ND-CP dated November 09, 2018 of the Government amending, supplementing and repealing a number of regulations on business investment conditions under the state management of the Ministry of Science and Technology and a number of regulations on specialized inspection, to assess the category and quality of exported minerals.

2. Amending and supplementing Article 5 as follows:

"Article 5. Reporting on mineral exports

1. Reporting the export plan for exported minerals of imported origin: before importing minerals for processing and export, the trader shall report the plan for import, processing and export implementation according to the form in Appendix 3 of this Circular and send it to the Ministry of Industry and Trade and the Department of Industry and Trade of the province or centrally-run city (hereinafter referred to as the Department of Industry and Trade) where the trader carries out mineral processing for export, no later than 30 days from the date of signing the mineral purchase contract with the foreign trader.

2. Reporting on the implementation of mineral exports

a) The trader shall prepare a periodic quarterly report (when exports arise) according to Form No. 01 of Appendix 4 and send it to the Ministry of Industry and Trade (Industry Agency), the General Department of Customs, and the Department of Industry and Trade where the trader carries out mineral processing, no later than the 15th day of the first month of the following quarter.

b) The Department of Industry and Trade where mineral processing of imported origin takes place shall prepare a consolidated 6-month and annual report according to Form No. 02 in Appendix 4 and send it to the Ministry of Industry and Trade (Industry Agency) no later than July 31 and January 31 each year.

3. When a competent state agency requests an ad hoc report to serve management work, the trader is responsible for reporting as requested.

4. Traders shall send reports to the Ministry of Industry and Trade and the Department of Industry and Trade directly at the receiving office, by post, or via the email of the Industry Agency (CucCN@moit.gov.vn) or the transaction registration email of the Department of Industry and Trade.

3. Amending and supplementing Article 6 as follows:

"Article 6. Management responsibility

1. Provincial People's Committees shall organize the supervision, inspection and examination of mineral export and export-mineral processing activities in their localities, and coordinate with the Ministry of Industry and Trade in managing mineral export and processing activities.

2. Management of the export of minerals of imported origin

a) The General Department of Customs shall coordinate with the Ministry of Industry and Trade (Industry Agency) and the People's Committees of the provinces concerned in providing information and controlling the import, processing and export of minerals of imported origin in accordance with this Circular and the law on foreign trade management.

b) The Department of Industry and Trade where the trader's processing facility is located in the province shall take the lead in coordinating with relevant agencies to supervise and inspect the conformity of the processing and export of minerals of imported origin by traders, based on the traders' reports prescribed in Clause 1 and Point a, Clause 2, Article 5 of this Circular and relevant laws, ensuring that processed and exported minerals of imported origin are of legal origin, that the processing facility or hired processing facility is suitable to the type of mineral, quality and recovery rate of the product after processing and export; and promptly report to the Ministry of Industry and Trade and the provincial People's Committee for handling, within their competence, cases of violation of reporting regulations, trade fraud, and mineral processing facilities failing to meet legal regulations on production and business of imported minerals.

3. The Industry Agency (Ministry of Industry and Trade) is responsible for taking the lead in coordinating with relevant ministries, sectors and localities to organize inspection and examination, within its competence, of compliance with regulations on mineral exports under this Circular and relevant laws; and to handle problems arising in the course of mineral exports.

4. Based on the actual situation of domestic mineral mining, processing and consumption, export, and the Government's export policy orientation for minerals in each period, the Industry Agency is responsible for reporting to the Minister of Industry and Trade for consideration of amending and supplementing this Circular when necessary."

Article 2. Amending and supplementing the Appendices of Circular No. 23/2021/TT-BCT dated December 15, 2021 of the Minister of Industry and Trade

1. Amending and supplementing Appendix 1

- Renaming Appendix 1 to "List of categories and quality standards of exported minerals of domestic origin"

- Revising the goods codes (HS codes) updated in accordance with Decree No. 26/2023/ND-CP dated May 31, 2023 of the Government on the Export Tariff Schedule, the Preferential Import Tariff Schedule, the List of Goods and Absolute Tax Rates, Mixed Taxes, and Import Duties outside the Tariff Quota.

- Supplementing the accompanying mineral content (copper and cobalt) to the quality standard for nickel concentrate.

- Supplementing a note for certain exported minerals until the end of 2026, subject to the Ministry of Industry and Trade's consideration of export in conformity with the mineral export policy in each period as prescribed by the Law on Minerals.

2. Adding Appendix 2: List of categories and quality standards of exported minerals of imported origin.

3. Adding Appendix 3: Report on the plan for import, processing and export of minerals of imported origin.

4. Amending and supplementing Appendix 2: moving Appendix 2 to Appendix 4 and amending and supplementing the content of periodic reports according to Form No. 1 and Form No. 2 in Appendix 4 issued together with this Circular.

5. In case of a dispute over the goods code under the List of mineral categories in Appendix 1 and Appendix 2 issued together with this Circular, the Ministry of Finance is the agency that decides on the goods code in conformity with Vietnam's Export and Import Nomenclature. On the basis of the Ministry of Finance's classification of goods, the Ministry of Industry and Trade shall consider amending and supplementing the goods code under the list issued together with this Circular.

Article 3. Effect

This Circular takes effect from February 15, 2024.

APPENDIX 1

LIST OF CATEGORIES AND QUALITY STANDARDS OF EXPORTED MINERALS OF DOMESTIC ORIGIN (Issued together with Circular No. 45/2023/TT-BCT dated December 29, 2023 of the Minister of Industry and Trade)

APPENDIX 2

LIST OF CATEGORIES AND QUALITY STANDARDS OF EXPORTED MINERALS OF IMPORTED ORIGIN (Issued together with Circular No. 45/2023/TT-BCT dated December 29, 2023 of the Minister of Industry and Trade)

APPENDIX 3

MẪU BÁO CÁO KẾ HOẠCH THỰC HIỆN NHẬP KHẨU CHẾ BIẾN VÀ XUẤT KHẨU ĐỐI VỚI KHOÁNG SẢN CÓ NGUỒN GỐC NHẬP KHẨU (Ban hành kèm theo Thông tư số 45/2023/TT-BCT ngày 29 tháng 12 năm 2023 của Bộ trưởng Bộ Công Thương)

APPENDIX 4

MẪU BÁO CÁO XUẤT KHẨU KHOÁNG SẢN (Ban hành kèm theo Thông tư số 45/2023/TT-BCT ngày 29 tháng 12 năm 2023 của Bộ trưởng Bộ Công Thương)