Amendments to the list of types of minerals to be exports and quality standards thereof in Vietnam as of February 15, 2024

Amendments to the list of types of minerals to be exports and quality standards thereof in Vietnam as of February 15, 2024 (Internet image)

On December 29, 2023, the Minister of Industry and Trade issued Circular 45/2023/TT-BCT amending Circular 23/2021/TT-BCT regulating the list of types and quality standards of exported minerals managed by the Ministry of Industry and Trade.

Amendments to the list of types of minerals to be exports and quality standards thereof in Vietnam

According to Circular 45/2023/TT-BCT amending Article 4 of Circular 23/2021/TT-BCT the list of types of minerals to be exports and quality standards thereof include:

- Any minerals to be exported must have lawful origin, have been processed, are included in the list of minerals to be exported, and meet the following quality standards:

- Regarding minerals of domestic origin: They must meet quality standards set out in the list of mineral types and quality standards thereof provided in Appendix 1 enclosed with Circular 45/2023/TT-BCT.

+ Regarding imported minerals:

++ If minerals are processed for a foreign trader, types and quality standards of processed products shall comply with the processing contract signed with that foreign trader. The processing contract must be made in accordance with Article 39 of Decree 69/2018/ND-CP elaborating the Law on Foreign Trade Management.

++ Regarding imported minerals are processed in case other than the one prescribed above, they must meet quality standards set out in the list of mineral types and quality standards thereof provided in Appendix 2 enclosed with Circular 45/2023/TT-BCT.

- Exporters of mineral types specified in clause 1 of this Article are entitled to employ conformity assessment bodies in accordance with Decree 107/2016/ND-CP as amended by Decree 154/2018/ND-CP, for carry out assessment of types and quality of their minerals to be exported.

Amendments to regulations on reporting on export of minerals in Vietnam

Circular 45/2023/TT-BCT amending Article 5 of Circular 23/2021/TT-BCT on reporting on export of minerals in Vietnam as follows

- Reporting on plan for export of imported minerals: before minerals are imported for processing and export, the trader shall submit a report on import, processing and export of minerals which is made using the form in Appendix 3 enclosed with Circular 45/2023/TT-BCT to the Ministry of Industry and Trade of Vietnam and the Department of Industry and Trade of the province or city where the trader’s mineral processing takes place (hereinafter referred to as “provincial Department of Industry and Trade”) within 30 days from the day on which the mineral sale and purchase contract is signed with a foreign trader.

- Reporting on export of minerals:

+ Traders shall submit quarterly reports (when export activities occur) which are made using Form No. 01 in Appendix 4 enclosed herewith to the Ministry of Industry and Trade of Vietnam (via Vietnam Industry Agency), the General Department of Vietnam Customs, and the Department of Industry and Trade of the province or city where processing activities are performed by the 15th of the first month of the subsequent quarter.

+ Each Department of Industry and Trade of the province or city where processing of imported minerals occurs shall submit 6-month and annual consolidated reports which are made using Form No. 02 in Appendix 4 enclosed herewith to the Ministry of Industry and Trade of Vietnam (via Vietnam Industry Agency) by July 31 and January 31 each year.

- Traders must also submit ad hoc reports at the request of competent authorities to serve their performance of management tasks.

- Reports may be submitted to the Ministry of Industry and Trade of Vietnam and provincial Departments of Industry and Trade directly, by post or to email of Vietnam Industry Agency (CucCN@moit.gov.vn) or registered emails of provincial Departments of Industry and Trade.

More details can be found in Circular 45/2023/TT-BCT, taking effect on February 15, 2024.

Ho Quoc Tuan

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