Thông tư 14/2013/TT-BCT về điều kiện kinh doanh than

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade promulgating coal trading conditions

Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Decree No. 15/2012/ND-CP dated March 09, 2012 of the Government stipulation in detail the implementation of some articles of the Mineral Law;

Pursuant to the Decree No. 59/2006/ND-CP dated June 12, 2006 of the Government detailing the Commercial Law on goods and services, banned from business, subject to restrictions and conditions.

At the proposal of the General Directorate of the General Department of Energy,

The Minister of Industry and Trade issues the Circular promulgating coal trading conditions as follows:

Article 1. Scope of adjustment

This Circular promulgates coal trading conditions, including activities such as: domestic trading, export, import, temporary import and re-export, transit, transportation, store and agents.

Article 2. Subject of application

This Circular is applicable to state management agencies and enterprises having activities relating to coal trading in the territory of Vietnam.

Article 3. Term interpretation

Terms are constructed as follows:

1. Coal means all types of fossil coals and original or processed coals.

2. Competent state agencies includes all state management agencies in the central (Ministries), People’s Committees of provinces and affiliated cities (Provincial-level People’s Committees).

3. Coal with legal origin means coals from origins from the sources as follows:

a) Exploited or spent from mines, mine points, dump in accordance with the Permit for exploitation, the Permit for spend issued by competent agencies;

b) Imported legally;

c) Confiscated and put on sale by the state agencies;

d) Processed in accordance with the Certificate of Investment for processing coal at the processing places with Trading Contract signed directly with the enterprises, which owns the coal resources prescribed at point a, b, c of this clause.

Import coal is considered legal when showing the import coal declaration confirmed by the border customs (the certified copy in accordance with provisions).

For confiscated and sold coal, it is compulsory to have documents as follows: Invoice for trading confiscated assets to public funds, delivery order, minute of transfer for administrative violation’s asset for sale (certified copies in accordance with provisions).

4. Coal trading activities: includes all activities prescribed in Article 1.

Article 4. Coal trading conditions

1. Only enterprises are allowed to do coal trading.

2. Enterprises doing coal trading must be established and operated in accordance with provisions in the Law on Enterprise, have the Business Registration Certificate including coal trading in the business lines.

3. Enterprises doing coal trading must follow all conditions as follows depending on single business activities:

a) Own or lease business places, transportation means, bulk means, warehouse, means for lifting and measuring coal quantity for business activities and satisfy all requirements on technique, security, environmental sanitation, explosion protection in accordance with current provisions.

b) Transportation means must be equipped with protection screen from dust, scatters and ensure all requirements on environmental protection in traffic.

c) Place, position of port and station for exporting or importing coal must be suitable with local port planning with coal warehouse, bulk equipments to the transportation means with environmental security and protection.

d) Coal warehouses or shops must own separate stores for each type of coal; the position must be suitable with local construction planning, ensure all requirements on environment, traffic order and security in accordance with current provisions. It is compulsory to have fire protection means investigated and issued by the local fire protection agencies for gravity-flow coal.

dd) Professional certificates is required for managing officers, technical officers, and the officers directly participating in coal trading in accordance with current provisions.

4. Enterprises are only allowed to do business for coal with legal origins.

Article 5. Management responsibilities

1. The General Department of Energy (The Ministry of Industry and Trade) shall take prime responsibilities and co-operate with Ministries, industries and relevant localities in organizing and investigating periodically the provision implementations in accordance with this Circular and relevant legal provisions.

2 The General Department of Energy shall be responsible for reporting to the Ministry of Industry and Trade for considering the adjustment, supplementation for this Circular if necessary basing on the current situation of the coal exploitation, processing and trading.

3. The Ministry of Industry and Trade shall have the rights to stop coal trading for the enterprises violating this Circular’s provisions.

Article 6. Effect

This Circular takes effect on December 01, 2013 and replaces the Circular No. 04/2007/TT-BCT dated October 22, 2007 of the Ministry of Industry and Trade guiding coal trading conditions.

Article 7. Implementation organization

State managing agencies and enterprises involved in coal trading shall implement this Circular. Any problems arising in the implementation process shall be promptly report in written form to the Ministry of Industry and Trade for consideration and settlement./.

For the Minister

Deputy Minister

Le Duong Quang