441292

Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT prescribing 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

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Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT prescribing 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

Sign: 05/2020/TT-BCT Document type: Circular
Promulgation place: The Ministry Of Industry And Trade Signer: Tran Tuan Anh
Promulgation day: 16/03/2020 Effect day: Known
Announcement day: Updating Announcement number: Updating
Status: Known
Sign: 05/2020/TT-BCT
Document type: Circular
Promulgation place: The Ministry Of Industry And Trade
Signer: Tran Tuan Anh
Promulgation day: 16/03/2020
Effect day: Known
Announcement day: Updating
Announcement number: Updating
Status: Known

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MINISTRY OF INDUSTRY
AND TRADE
----------

 SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
-------------

No.: 05/2020/TT-BCT

Hanoi, March 16, 2020

 

CIRCULAR

AMENDMENTS TO JOINT CIRCULAR NO. 47/2011/TTLT-BCT-BTNMT DATED DECEMBER 30, 2011 OF MINISTER OF INDUSTRY AND TRADE AND MINISTER OF NATURAL RESOURCES AND ENVIRONMENT PRESCRIBING 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

Pursuant to the Law on foreign trade management No. 05/2017/QH14 dated June 12, 2017;

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 69/2018/ND-CP dated May 15, 2018 elaborating some articles of the Law on foreign trade management;

For implementation of the 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer and its amendments, which have been ratified by the Government of the Socialist Republic of Vietnam;

At the request of the Director of the Agency of Foreign Trade,

The Minister of Industry and Trade promulgates a Circular providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Natural Resources and Environment prescribing 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 (hereinafter referred to as “Joint Circular No. 47”).

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1. The list of HCFCs in Appendix I prescribed in Point a Clause 3 Article 1 of the Joint Circular No. 47 shall be replaced with the list in Appendix I enclosed herewith.

2. Point c is added following Point b Clause 3 Article 1 of the Joint Circular No. 47 as follows:

 “c) Hydrofluorocarbons (HFCs) in Appendix IIa and Appendix IIb enclosed herewith.”

3. Clause 1 Article 3 of the Joint Circular No. 47 is amended as follows:

 “1. The import quotas for HCFCs in Appendix I enclosed herewith annually allocated for the period of from January 01, 2020 to December 31, 2028 shall be managed according to import license issued by the Ministry of Industry and Trade. To be specific:

Unit: tonne

Year

2020

2021

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2023

2024

2025

2026

2027

2028

HCFCs

2.600

2.600

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2.600

2.600

1.300

1.300

1.300

1.300

4. Article 3a is added following Article 3 of the Joint Circular No. 47 as follows:

 “Article 3a. Import quotas for HFCs

1. The import quotas for HFCs in Appendix IIa and Appendix IIb enclosed herewith annually allocated for the period of from January 01, 2020 to December 31, 2028 shall be managed according to the import license issued by the Ministry of Industry and Trade. To be specific:

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Year

2020

2021

2022

2023

2024

2025

2026

2027

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HFCs

Imported for establish the base quota

Import quota is not limited.

Imported for establish the base quota

Import quota is not limited.

Imported for establish the base quota

Import quota is not limited.

Average amount (2020 + 2021 + 2022)/3 of imported HFCs + 65% of the base level of HCFC consumption

100% of the import quota for HFCs in the base year 2023

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100% of the import quota for HFCs in the base year 2023

100% of the import quota for HFCs in the base year 2023

100% of the import quota for HFCs in the base year 2023

2. The import quotas for HFCs in Appendix IIa and Appendix IIb enclosed herewith from 2023 onwards shall be established and published by the Ministry of Industry and Trade based on the average amount of imported HFCs in 2020, 2021, 2022 plus 65% of the base level of HCFC consumption. The import quota for HFCs allocated in the base year 2023 shall be kept unchanged for the period from 2024 to 2028. The specific import quota for HFCs allocated in each year shall be published and calculated according to the equivalent CO2 amount prescribed in the Kigali Amendment to the Montreal Protocol.”

5. Article 4a is added following Article 4 of the Joint Circular No. 47 as follows:

 “Article 4a. Procedures for importing HFCs

Procedures for a license to import HFCs shall be carried out in accordance with Clause 2 Article 4 of the Joint Circular No. 47, as amended in Article 2 of the Circular No. 51/2018/TT-BCT. The application for registration of import of HFCs is provided in Appendix III enclosed herewith.”

6. Article 6a is added following Article 6 of the Joint Circular No. 47 as follows:

 “Article 6a. Procedures for quota-based export of HFCs

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7. Clause 3 is added following Clause 2 Article 8 of the Joint Circular No. 47 as follows:

 “3. Traders shall submit quarterly and annual reports on export and import of HFCs in the same forms and within the same time limits as those for HCFCs prescribed in Clause1 and Clause 2 Article 8 of the Joint Circular No. 47 and the provisions in Appendix V enclosed herewith.”

Article 2. Clause 2 Article 3 of the Joint Circular No. 47 is abrogated.

Article 3. Effect

1. This Circular comes into force from May 01, 2020.

2. Difficulties that arise during the implementation of this Circular should be promptly reported in writing to the Ministry of Industry and Trade for consideration./.

 

 

MINISTER




Tran Tuan Anh

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APPENDIX I

LIST OF HCFCs
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing 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)

HS Code

Description

Substance

Chemical name

Chemical formula

ASHRAE number (for refrigerants)

2903.71.00

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HCFC-21

Dichlorofluoromethane

CHFCl2

R-21

Refrigerant R22

HCFC-22

Chlorodifluoromethane

CHF2Cl

R-22

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Refrigerant R123

HCFC-123

Dichlorotrifluoroethanes

C2HF3Cl2

R-123

2903.73.00

Refrigerant R141

HCFC-141

Dichlorofluoroethanes

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R-141

Refrigerant R141b

HCFC-141b

Dichlorofluoroethanes

CH3CFCl2

R-141b

2903.74.00

Refrigerant R142

HCFC-142

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C2H3F2Cl

R-142

Refrigerant R142b

HCFC-142b

1-chloro-1,1- difluoroethane

CH3CF2Cl

R-142b

2903.75.00

Refrigerant R225

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Dichloropentafluoropropanes

C3HF5Cl2

R-225

Refrigerant R225ca

HCFC-225ca

1,1-dichloro-2,2,3,3,3-pentafluoropropane

CF3CF2CHCl2

R-225ca

Refrigerant R225cb

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1,3-dichloro-1,2,2,3,3- pentafluoropropane

CF2ClCF2CHClF

R-225cb

2903.79.00

Refrigerant R31

HCFC-31

Chlorofluoromethane

CH2FCl

R-31

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HCFC-121

Tetrachlorofluoroethanes

C2HFCl4

R-121

Refrigerant R122

HCFC-122

Tricchlorodifluoroethanes

C2HF2Cl3

R-122

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HCFC-124

Chlorotetrafluoethanes

C2HF4Cl

R-124

Refrigerant R131

HCFC-131

Trichlorofluoroethanes

C2H2FCl3

R-131

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HCFC-132

Dichlorodifluoroethanes

C2H2F2Cl2

R-132

Refrigerant R133

HCFC-133

Chlorotrifluoroethanes

C2H2F3Cl

R-133

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HCFC-151

Chloroflouroethanes

C2H4FCl

R-151

Refrigerant R221

HCFC-221

Hexachlorofluoropropanes

C3HFCl6

R-221

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HCFC-222

Pentachlorodifluoropropanes

C3HF2Cl5

R-222

Refrigerant R223

HCFC-223

Tetrachlorotrifluoropropanes

C3HF3Cl4

R-223

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HCFC-224

Trichlorotetrafluoropropanes

C3HF4Cl3

R-224

Refrigerant R226

HCFC-226

Chlorohexafluoropropanes

C3HF6Cl

R-226

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HCFC-231

Pentachlorofluoropropanes

C3H2FCl5

R-231

Refrigerant R232

HCFC-232

Tetrachlorodifluoropropanes

C3H2F2Cl4

R-232

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HCFC-233

Trichlorotrifluoropropanes

C3H2F3Cl3

R-233

Refrigerant R234

HCFC-234

Dichlorotetrafluoropropanes

C3H2F4Cl2

R-234

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HCFC-235

Chloropentafluoropropanes

C2H2F5Cl

R-235

Refrigerant R241

HCFC-241

Tetrachlorofluoropropanes

C3H3FCl4

R-241

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HCFC-242

Trichlorodifluoropropanes

C3H3F2Cl3

R-242

Refrigerant R243

HCFC-243

Dichlorotrifluoropropanes

C3H3F3Cl2

R-243

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HCFC-244

Chlorotetrafluoropropanes

C3H4F4Cl

R-244

Refrigerant R251

HCFC-251

Trichlorotetrafluoropropanes

C3H4FCl3

R-251

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HCFC-252

Dichlorodifluoropropanes

C3H4F2Cl2

R-252

Refrigerant R253

HCFC-253

Chorotrifluoropropanes

C3H4F3Cl

R-253

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HCFC-261

Dichlorofluoropropanes

C3H5FCl2

R-261

Refrigerant R262

HCFC-262

Chlorodifluoropropanes

C3H5F2Cl

R-262

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HCFC-271

Chlorofluoropropanes

C3H6FCl

R-271

 

APPENDIX IIa

LIST OF PURE HFCs
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing 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)

HS Code

Description

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Chemical name

Chemical formula

ASHRAE number (for refrigerants)

2903.39.90

 

HFC-134

1,1,2,2-Tetrafluorethane

CHF2CHF2

 

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HFC-134a

1,1,1,2-Tetrafluoroethane

CH2FCF3

R-134a

 

HFC-143

1,1,2-Trifluoroethane

CH2FCHF2

 

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HFC-245fa

1,1,1,3,3-Pentafluoropropane

CHF2CH2CF3

R-245fa

 

HFC-365mfc

1,1,1,3,3-Pentafluorobutane

CF3CH2CF2CH3

 

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HFC-227ea

1,1,1,2,3,3,3-Heptafluoropropane

CF3CHFCF3

 

 

HFC-236cb

1,1,1,2,2,3-Hexafluoropropane

CH2FCF2CF3

 

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HFC-236ea

1,1,1,2,3,3-Hexafluoropropane

CHF2CHFCF3

 

 

HFC-236fa

1,1,1,3,3,3-Hexafluoropropane

CF3CH2CF3

 

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HFC-245ca

1,1,2,2,3-Pentafluoropropane

CH2FCF2CHF2

 

 

HFC-43-10mee

1,1,1,2,2,3,4,5,5,5-Decafluoropentane

CF3CHFCHFCF2CF3

 

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HFC-32

Difluoromethane

CH2F2

R-32

Refrigerant R125

HFC-125

Pentafluoroethane

CHF2CF3

R-125

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HFC-143a

Trifluoroethane

CH3CF3

R-143a

 

HFC-41

Fluoromethane

CH3F

 

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HFC-152

1,2-Difluoroethane

CH2FCH2F

 

Refrigerant R152a

HFC-152a

1.1-Difluoroethane

CH3CHF2

R-152a

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HFC-23

Trifluoromethane

CHF3

R-23

* The global warming potential values of the substances in this Table are specified according to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change.

 

APPENDIX IIb

LIST OF HFC MIXTURES
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing 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)

HS Code

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Substance

Composition

ASHRAE number (for refrigerants)

3827.78.00

Refrigerant R404

HFC-404A

R143a/125/134a

R-404

Refrigerant R507A

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R143a/125

R-507A

Refrigerant R407A

HFC-407A

R32/125/134a

R-407A

Refrigerant R407B

HFC-407B

R32/125/134a

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Refrigerant R407C

HFC-407C

R32/125/134a

R-407C

Refrigerant R410A

HFC-410A

R32/125

R-410a

Refrigerant R508A

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R32/116

R-508A

Refrigerant R508B

HFC-508B

R32/116

R-508B

* The global warming potential values of the substances in this Table are specified according to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change.

 

APPENDIX III

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TRADER’S NAME
----------

 SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------

No.: ……..Re: Registration of import of HFCs

……[place & date]

 

To: Ministry of Industry and Trade

Name of trader: ……………………………………………………………..

Address: ……………………………………………………………………………

Telephone: ……………………………… Fax:………………… Email: ………………………

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Substance: …………………………………………………………………………………..

Estimated import amounts (kg) ………………………………………………….

Registered amount (kg) ………………………………………………………………….

Import contract No.:…………………………….dated……………………..

Exporting country: ………………………………………………

(Name of trader)…… undertakes that all statements provided herein are truthful and accurate, and shall comply with regulations and laws in force.

 

 

Trader’s legal representative
(full name, position, signature and seal)

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APPENDIX IV

APPLICATION FOR REGISTRATION OF EXPORT OF HFCs
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing 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)

TRADER’S NAME
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 SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------

No.: ………Re: Registration of export of HFCs (Appendix IIa and Appendix IIb)

……[place & date]

 

To: Ministry of Industry and Trade

Name of trader: ……………………………………………………………..

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Telephone: ……………………………… Fax:………………… Email: ………………………

Pursuant to Circular……/2020/TT-BCT dated……..2020 of the Minister of Industry and Trade, (name of the trader)………applies for registration of export of HFC as follows:

Substance: …………………………………………………………………………………..

Registered amount (kg) ………………………………………………………………….

Importer: ……………………. Importing country: …………………..

Export contract No.:…………………………….dated……………………..

Seller:  ………………………………………………

(Name of trader)…… undertakes that all statements provided herein are truthful and accurate, and shall comply with regulations and laws in force.

 

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Trader’s legal representative
(full name, position, signature and seal)

 

Certification of Ministry of Industry and Trade

 

APPENDIX V

REPORT ON IMPORT AND EXPORT OF HFCs
(Enclosed to the Circular No. 05/2020/TT-BCT dated March 16, 2020 providing amendments to the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of Minister of Industry and Trade and Minister of Natural Resources and Environment prescribing 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)

TRADER’S NAME
----------

 SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------

No.: ………

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REPORT

On import/export of HFCs

To: Ministry of Industry and Trade

Pursuant to Circular……/2020/TT-BCT dated……..2020 of the Minister of Industry and Trade, (name of the trader)……… hereby reports on the import/export of HFCs in Quarter….., 20…. or in….(year) as follows:

Substance

HS Code

License issued by Ministry of Industry and Trade (number, issue date)

Customs declaration number

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Value (USD)

Import/export amounts accumulated up to reporting date (kg)

Import/export value accumulated up to reporting date (USD)

Estimated import/export amounts (kg)

 

 

 

 

 

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(Name of trader)…..undertakes that all statements provided herein are accurate and shall assume legal responsibility for any false statement.

 

 

Trader’s legal representative
(full name, position, signature and seal)

 

 

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