Thông tư 05/2020/TT-BCT sửa đổi Thông tư liên tịch 47/2011 các chất suy giảm tầng ô-dôn

CIRCULAR

On amending and supplementing a number of Articles of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Resources and Environment on providing the management of the 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 Decree No. 68/2018/ND-CP dated May 15, 2018 of  the Government on detailing a number of Articles of the Law on Foreign Trade Management;

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

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

The Minister of Industry and Trade hereby promulgates the Circular on amending and supplementing a number of Articles of the Joint Circular No. 47/2011/TTLT-BTM-BTNMT of July 11, 2005, of the Ministry of Trade and the Ministry of Natural Resource and Environment, guiding the management of the import, export and temporary import for re-export of ozone layer depleting substances in pursuance to the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the Joint Circular No. 47).

Article 1. To amend and supplement a number of Articles of the Joint Circular No. 47

1. To replace the List of HCFC substances in Appendix I as prescribed in point a Clause 3 Article 1 of the Joint Circular No. 47 by the Appendix I attached to this Circular.

2. To supplement point c after point b in Clause 3 Article 1 of the Joint Circular No. 47 as follow:

“c) Hydro fluorocarbon substances (herein after referred to as HFCs) belonging to Appendix IIa and Appendix IIb to this Circular.”

3. To amend Clause 1 Article 3 of the Joint Circular No. 47 as follow:

“1. The quantity of import quotas of HCFC substances in Appendix I of this Circular for each year from January 01, 2020 to December 31, 2028 shall be managed under import permits of the Ministry of Industry and Trade, specifically as follows:

Unit of calculation: ton

4. To supplement Article 3a after Article 3 of the Joint Circular No. 47 as follow:

“Article 3a. Import quotas for HFC substances

1. The quantity of import quotas of HFCs in Appendix IIa and IIb of this Circular for each year from January 01, 2020 to December 31, 2028 shall be managed under import permits of the Ministry of Industry and Trade, specifically as follows:

Unit of calculation: ton

2.The quantity of import quotas of HFC substances in Appendix IIa and Appendix IIb of this Circular for each year from 2023 shall be determined and announced by the Ministry of Industry and Trade according to the average import value of HFCs in 2020, 2021, 2022 plus 65% of base consumption of HCFC substances. From 2024 to 2028, quantity of import quotas of HFC substances maintain the same volume as the base year quota of 2023. The specific amount of HFC quotas for each year will be announced and calculated according to the equivalent CO2 amount in accordance with the Kigali Amendment and Supplement under the Montreal Protocol.”

5. To supplement Article 4a after Article 4 of the Joint Circular No. 47 as follow:

“Article 4a. Procedures for importing HFCs

Procedures for granting import licenses of HFCs shall comply with provision of Clause 2, Article 4 of the Joint Circular No. 47 which is amended and supplemented in Article 2 of Circular No. 51/2018/TT-BCT.The application form for importing HFC substances shall be made in accordance with the instructions in Appendix III attached to this Circular.”

6. To supplement Article 6a after Article 6 of the Joint Circular No. 47 as follow:

“Article 6a. Procedures for exporting HFCs under quota

The Ministry of Industry and Trade shall grant HFCs export licenses according to the quotas set by Protocol member countries. Dossiers and procedures of import licensing shall comply with provisions of Clauses 1 and 2, Article 9 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. The dossier shall be sent to the Ministry of Industry and Trade (the Agency of Foreign Trade), particularly, the application form for export of HFCs shall be made as specified in Annex IV issued with this Circular.”

7. To supplement Clause 3 after Clause 2 Article 8 of the Joint Circular No. 47 as follow:

“3. Traders shall make periodic reports on the import, export and of HFC substances in quarterly, annually period with the same form and time as provision on HCFC substances as prescribed in Clause 1, 2 Article 8 of the Joint Circular No. 47 and as instructed in Appendix V issues together with this Circular.”

Article 2.To repeal Clause 2 Article 3 of the Joint Circular No. 47.

Article 3. Effect

1.This Circular takes effect on May 01, 2020.

2. Any problems arising in the course of implementation of this Circular should be reported in writing to the Ministry of Industry and Trade for consideration and guidance./.

The Minister

Tran Tuan Anh

Appendix I
THE LIST OF HCFC SUBSTANCES
(Issues together with the Circular No. 05/2020/TT-BCT dated March 16, 2020 on amending and supplementing a number of Articles of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Resources and Environment on providing the management of the 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)

_____________

Appendix IIa

LIST OF PURE HFC SUBSTANCES

(Issues together with the Circular No. 05/2020/TT-BCT dated March 16, 2020 on amending and supplementing a number of Articles of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Resources and Environment on providing the management of the 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)

________________________

* Global warming potential values of the substances in the table above is made according to the fourth report of the Intergovernmental Panel of the United Nations on Climate Change.

Appendix IIb

LIST OF COMPOUND HCFC SUBSTANCES

(Issues together with the Circular No. 05/2020/TT-BCT dated March 16, 2020 on amending and supplementing a number of Articles of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Resources and Environment on providing the management of the 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)

______________________

* Global warming potential values of the substances in the table above is made according to the fourth report of the Intergovernmental Panel of the United Nations on Climate Change.

Appendix III

Registration form for the import of HFC substances

(Issues together with the Circular No. 05/2020/TT-BCT dated March 16, 2020 on amending and supplementing a number of Articles of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Resources and Environment on providing the management of the 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)

_______________________

To: The Ministry of Industry and Trade

Trader name.........................................................

Address: ......................................................................................................

Phone number:..........................................Fax.....................E-mail ............

Pursuant to the Circular No. .... /2020/TT-BCT dated ........month...., 2020 of the Minister of Industry and Trade, (trader name) ........register for import HFC as follow:

Substance name: ..........................................

Expected import volume (kg)................................

Registering volume (kg).......................................

Import contract No. ...........date.......month....year...

Export country: .......................................................................

(Trader name)......make sure the above information is true and commit to comply with regulations of current law provisions.

Legal representative of trader

(Full name, position, sign and seal)

Appendix IV
REGISTER FORM OF EXPORTING HFS SUBSTANCES

(Issues together with the Circular No. 05/2020/TT-BCT dated March 16, 2020 on amending and supplementing a number of Articles of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Resources and Environment on providing the management of the 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)

_______________________

To: The Ministry of Industry and Trade

Trader name........................................................

Address: ........................................................

Phone number: .............................Fax……………...............................

E-mail………………….............

Pursuant to the Circular No. ..../2020/TT-BCT  dated ........month...., 2020 of the Minister of Industry and Trade, (trader name)........register for exporting HFCs as follow:

Substance name: .............................................................................

Register volume (kg).............................................

Importing Trader: ............................Importing country:....................

Exporting contract No. .....date....month......year....

Selling trader: .........................................................................................

(Trader name)......make sure the above information is true and commit to comply with regulations of current law provisions.

Legal representative of trader

(Full name, position, sign and seal)

Confirmation of the Ministry of Industry and Trade

Appendix V

FORM OF REPORT OF EXPORT AND IMPORT OF HFC SUBSTANCES

(Issues together with the Circular No. 05/2020/TT-BCT dated March 16, 2020 on amending and supplementing a number of Articles of the Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Resources and Environment on providing the management of the 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)

______________________

REPORT

On import and export of HFC substances

To: The Ministry of Industry and Trade

Pursuant to the Circular No. ..../2020/TT-BCT  dated ........month...., 2020 of the Minister of Industry and Trade, (trader name)...........hereby report on import and export of HFC substances in the...quarter or 20...(year) of (the trader) as follow:

(Trader name)...certify that the above declaration is true, trader shall bear entirely legal  responsibility before the law for any falsify.