THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT ------- SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- No: 01/2013/TT-BTNMT Hanoi, January 28, 2013 CIRCULAR STIPULATING ON SCRAPS PERMITTED TO BE IMPORTED FOR USE AS RAW MATERIALS FOR PRODUCTION Pursuant to the Law on Environment protection, of November 29, 2005; Pursuant to the Commercial Law, of June 14, 2005; Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of Commercial Law on international purchases and sales of goods; and agency for sale and purchase, processing and transit of goods involving foreign parties; Pursuant to the Government’s Decree No. 80/2006/ND-CP of August 09, 2006 detailing and guiding execution of a number of articles of the Law on Environment protection; Pursuant to the Government’s Decree No.25/2008/ND-CP of March 04, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment which has been amended and supplemented at the Decrees No. 19/2010/ND-CP of March 05, 2010 and No. 89/2010/ND-CP of August 16, 2010; At the proposal of the General Director of Vietnam Environment Administration, General director of the Legal Affair Department; The Minister of Natural Resources and Environment promulgate this Circular stipulating on scraps permitted to be imported for use as raw materials for production, Article 1. To promulgate together with this Circular: 1. List of scraps permitted to be imported for use as raw materials for production (Annex I); 2. List of scraps gained in production process of the exporting and processing enterprises, enterprises in non-tariff zones permitted to be imported into inland for use as raw materials for production Article 2. Before import, import scraps must ensure meeting conditions as prescribed by law on conditions of importing scraps to use as raw materials for production; have been cleaned in order to reject waste, raw materials, items, goods banned from import as prescribed by Vietnamese law and international treaties of which the Socialist Republic of Vietnam is a member; have been selected, classified separately under HS code, name of scrap, description of scrap, quality requirement in conformity with regulations on the Lists promulgated together with this Circular. Article 3. The exporting and processing enterprises, enterprises in non-tariff zones importing scraps from foreign countries for use as raw materials for production must comply with full provisions in Article 1 and Article 2 of this Circular. Article 4. This Circular takes effect as from April 01, 2013. The Decision No. 12/2006/QD-BTNMT of September 08, 2006 of the Minister of Natural Resources and Environment on promulgation of the list of scraps permitted to be imported for use as raw materials for production shall cease to be effective on the effective date of this Circular. Article 5. The Ministry of Natural Resources and Environment assigns the General Department of environment to guide, inspect, monitor, urge implementation of this Circular. Ministries, Ministerial-level agencies, agencies of the Government, People’s Committees at all levels and relevant organizations, individuals shall implement this Circular. In the course of implementation, any arising problems should be reported to the Ministry of Natural Resources and Environment for consideration and settlement. FOR THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT DEPUTY MINISTER Bui Cach Tuyen ANNEX I LIST OF SCRAPS PERMITTED TO BE IMPORTED FOR USE AS RAW MATERIALS FOR PRODUCTION (Promulgated together with the Circular No. 01/2013/TT-BTNMT, of January 28, 2013 of the Minister of Natural Resources and Environment) Ordinal HS Code number 1 Name of scraps Description of scraps, quality requirement, use purpose - Shells of molluscs, crustaceans or invertebrate echinoderms such as: Cockle shells, snail shells, oyster shells, etc, of which meat part and Shells of molluscs, crustaceans other impurities have been removed 0508 00 20 and dried under sunlight (of or invertebrate echinoderms humidity below than 50%) - Imported for use as raw materials for production of Handicrafts and fine-arts. 2 2520 10 00 Plaster. - The synthetic plaster, or FGD plaster (flue gas desulphurization), being sulfat canxi compound gained from the process of desulphurisation in emissions from fossil fuel incinerator - Imported for use as raw materials for production of materials, structural components used in construction sector. 3 - Granulated slag processed from slag of pig iron, iron or steel blastfurnace. Meeting requirements for granulated slag blast-furnace used for cement production under National technical regulation on Granulated slag (slag sand) 2618 00 00 from the manufacture of iron or building material products, goods QCVN 16-3:2011/BXD group steel. ofadditive products for cement and concrete, promulgated by the Ministry of Construction. - Imported for use as additive for cement production. 4 Chemical elements doped for 3818 00 00 use in electronics, in the form of discs, wafers or similar - Debris under form of wafers or discs with silicon (Si) content not less than 99%. forms. 5 Plastic waste, parings and 3915 10 10 scraps frompolyethylene (PE): Spongy, non-hard 6 Plastic waste, parings and 3915 10 90 scraps from polyethylene (PE): Other. 7 Plastic waste, parings and 3915 20 10 scraps fromPolystyrene (PS): Spongy, non-hard 8 9 - Plastic scraps imported in Group 3915 must meet National technical regulation on environment applicable to import plastic scrap Plastic waste, parings and QCVN 32:2010/BTNMT 3915 20 90 scraps from Polystyrene (PS): promulgated by the Ministry of Other. Natural Resources and Environment. Plastic waste, parings and scraps fromPolyvinyl - Imported for use as raw materials 3915 30 10 clorua (PVC): Spongy, nonfor production of plastic products. hard 10 Plastic waste, parings and 3915 30 90 scraps from Polyvinyl clorua (PVC): Other. 11 3915 90 00 12 13 14 - Imported for processing into raw materials in service for sun energy module production. Other plastic waste, parings and scraps. Recovered (waste and scrap) paper or paperboard 4707 10 00 Unbleached kraft paper or paperboard or corrugated paper - Paper or paperboard scraps or paperboard imported in Group 4707 must meet National technical regulation on Recovered (waste and scrap) environment applicable to import paper or paperboard: Other paper scrap QCVN paper or paperboard essentially 4707 20 00 33:2010/BTNMT promulgated by made of pulp gained from the Ministry of Natural Resources chemical process, bleached, and Environment. have not yet dyed for entire. - Imported for use as raw materials Recovered (waste and scrap) for production of pulp, paper or paper or paperboard: paperboard products. 4707 30 00 Other paper or paperboard essentially made of pulp gained from mechanical process (example, paper used for printing of newspaper, magazine, and similar publications) 15 Recovered (waste and scrap) paper or paperboard: Other, 4707 90 00 including unclassified waste and scraps. 16 - Silk, cocoon waste gained from Silk waste (including cocoons process of silkworm processing, production of yarn. 5003 00 00 unsuitable for reeling, yarn waste and garnetted stock). - Imported in order to salvage for production of silk, yarn, fabric. 17 Cullet and other waste and 7001 00 00 scrap of glass; glass in the mass. - Not to mix cullet or scrap of glass from package containing chemical, glass from cathode ray tube (CRT) of television, computer, fluorescent lamps, glass package and other active glass. - Imported for production of glass products. 18 7204 10 00 Cast iron waste and scraps 19 7204 21 00 20 21 22 Alloy steel waste and scraps: Made of stainless steel - Scraps imported in Group 7204 Alloy steel waste and scraps: must meet National technical 7204 29 00 Other (different than type made regulation on environment applicable to import iron, steel of stainless steel) scraps QCVN 31:2010/BTNMT Iron or tinned steel waste and promulgated by the Ministry of 7204 30 00 scraps Natural Resources and Other Iron or steel waste and Environment. scraps:Turnings, shavings, 7204 41 00 chips, milling waste, trimmings and stampings, whether or not in bundles. 23 Other Iron or steel waste and 7204 49 00 scraps: Other. 24 7204 50 00 25 7404 00 00 Copper waste and scraps - Import scraps in Group 7204 may be in bulk or tied into bunch, but not pressed into blocks or baled. - Not permit to import sawdusts, filings om iron, steel scraps of code HS 7204 4100. Remelting scrap ingots of iron, steel, or cast iron - Import non-ferrous metal scraps 26 7503 00 00 Nickel waste and scraps 27 7602 00 00 Aluminium waste and scraps 28 7902 00 00 Zinc waste and scraps 29 8002 00 00 Tin waste and scraps 30 8101 97 00 Tungsten waste and scraps 31 8102 97 00 Molypden waste and scraps 32 8104 20 00 Magnesium waste and scraps 33 8108 30 00 Titanium waste and scraps 34 8109 30 00 Zircon waste and scraps 35 8110 20 00 Antimony waste and scraps 36 8111 00 00 Manganese waste and scraps 37 8112 22 00 Chrome waste and scraps and waste with HS code proportional to ordinal number from 25 to 37 which maybe include the following types: ● Metal or alloy rod sections, pipe sections, nodes, tips, shavings, strings or pieces discharged from the production process; ● Metal or alloy recovered from construction works, means of transport, machines, equipment and other products which have been cut or disassembled in countries or territories of exportation ● Copper or aluminum cores of electric wires and cables, which have been stripped off their insulating coats of plastic, rubber or other insulating materials; ● Electromagnetic wires (copper wires coated with insulated enamel paints, cotton fibers or paper) used. - Import non-ferrous metal scraps and waste with HS code proportional to ordinal number from 25 to 37, may be in bulk or tied into bunch, pressed into blocks or baled. Note: Based on provisions in item VIII, Annex 3 of the Government’s Decree No. 12/2006/ND-CPof January 23, 2006, detailing the implementation of Commercial Law on international purchases and sales of goods; and agency for sale and purchase, processing and transit of goods involving foreign parties; HS code and name of scraps in this List are used under the Circular No.193/2012/TT-BTC of November 15, 2012 of the Ministry of Finance, promulgating the preferential import and export tariff according to the list of taxable products. ANNEX II LIST OF SCRAPS GAINED IN PRODUCTION PROCESS OF THE EXPORTING AND PROCESSING ENTERPRISES, ENTERPRISES IN NON-TARIFF ZONES PERMITTED TO BE IMPORTED FOR USE AS RAW MATERIALS FOR PRODUCTION (Promulgated together with the Circular No. 01/2013/TT-BTNMT, of January 28, 2013 of the Minister of Natural Resources and Environment) Ordinal number 1 HS Code Name of scraps 2525 30 00 Mica scraps Description of scraps, quality requirement, use purpose - Mica discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law. - The rate of materials other than mica mixing in each import consignment of mica scraps not exceeding 5% volume. - Imported for use as raw materials for production of products. 2 - Paraffin wax scraps (including candles) discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by 2712 90 90 paraffin wax scraps Vietnamese law. - The rate of materials other than paraffin wax mixing in each import consignment of paraffin wax scraps not exceeding 5% volume. - Imported for use as raw materials for production of products. 3 Chemical elements doped for use in electronics, in the 3818 00 00 form of discs, wafers or similar forms. 4 Plastic waste, parings and scraps 3915 10 10 from polyethylene (PE): Spongy, nonhard 5 Plastic waste, parings and scraps 3915 10 90 from polyethylene (PE): Other. 6 Plastic waste, parings and scraps 3915 20 10 from Polystyrene (PS): Spongy, nonhard 7 Plastic waste, parings and scraps 3915 20 90 from Polystyrene (PS): Other. - Debris under form of wafers or discs with silicon (Si) content not less than 99%. - Imported for processing into raw materials in service for sun energy module production. - Imported plastic scraps in group 3915 including types of plastic materials with various forms and sizes (including: Spongy or non-porous plastic sticked on cloth; plastic parts corrupted; plastic products corrupted; shealth of plastic packagings not sticked oil, chemical too much to be considered as hazardous waste according to guidance in point 3 part A of Annex 8 (promulgated together with the Circular No.12/2011/TTBTNMT of April 14, 2011 of the Ministry of Natural Resources and Environment, stipulating hazardous waste management), discharged from production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law. 8 Plastic waste, parings and scraps 3915 30 10 from Polyvinyl clorua (PVC): Spongy, non-hard 9 Plastic waste, parings and scraps 3915 30 90 from Polyvinyl clorua (PVC): Other. 10 3915 90 00 11 - The rate of materials other than plastic mixing in each imported consignment of plastic scraps not exceeding 5% volume. - Imported for use as raw materials for production of plastic products. Other plastic waste, parings and scraps. - Rubber waste, parings and scraps with various shapes and sizes (including rubber sticked on cloth), discharged from the production and business activities of exporting and processing enterprises, Rubber waste, enterprises in non-tariff zones, classified in parings and scraps order to reject waste and items, goods banned 4004 00 00 (excluding hard from import as prescribed by Vietnamese law. rubber) - The rate of materials other than rubber mixing in each imported consignment of rubber scraps not exceeding 5% volume. - Imported for use as raw materials for production of rubber products. 12 Hard rubber 4017 00 90 (example as ebonite) scraps. - Hard rubber with various shapes and sizes, discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law. - The rate of materials other than rubber mixing in each imported consignment of rubber scraps not exceeding 5% volume. - Imported for use as raw materials for production of rubber products. 13 Sawdust and wood - Sawdust and wood scrap (including particle scrap (in various board, plywood scrap, wood in billets, milled4401 39 00 shapes), whether or wood, wood in chips or particles) discharged not agglomerated from the production and business activities of in logs, briquettes, exporting and processing enterprises, pellets or similar forms. enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law. - The rate of materials other than wood mixing in each import consignment of sawdust and wood scrap not exceeding 5% volume. - Imported for use as raw materials for production of wood products or fuel. 14 Recovered (waste and scrap) paper or paperboard: Unbleached kraft 4707 10 00 paper or paperboard or corrugated paper or paperboard 15 Recovered (waste and scrap) paper or paperboard: Other paper or paperboard 4707 20 00 essentially made of pulp gained from chemical process, bleached, have not yet dyed for entire. 16 17 - Imported paper or paperboard scraps in Group 4707 including products, items, materials made of paper or paperboard, discharged from the production and business activities of exporting and processing enterprises, enterprises in non-tariff zones, classified in order to reject waste and items, goods banned from import as prescribed by Vietnamese law. - The rate of materials other than paper or Recovered (waste paperboard mixing in each imported and scrap) paper or consignment of paper or paperboard scraps paperboard: Paper not exceeding 5% volume. or paperboard - Imported for use as raw materials for essentially made of production of pulp, paper or paperboard pulp gained from products. 4707 30 00 mechanical process (example, paper printting news, magazines, and similar punlications). Recovered (waste and scrap) paper or 4707 90 00 paperboard: Other, including unclassified waste and scraps. 18 Yarn waste 5202 10 00 (including thread waste) New rags (classified) - Yarn waste or thread discharged from production of yarn, thread or clothes of exporting and processing enterprises, enterprises in non-tariff zones. - Imported for use as raw materials for production of yarn, thread. - Rags discharged from production of cloth or clothes of exporting and processing enterprises, enterprises in non-tariff zones. 19 6310 10 10 20 6310 90 10 New rags (other) 21 - Not to mix cullet or scrap of glass from Cullet and other cathode ray tube of television, computer, waste and scrap of fluorescent lamps and other active glass. 7001 00 00 glass; glass in the - Imported for use as raw materials for mass. production of glass products. 22 - Imported for use as raw materials for production of yarn, cloth or other products. - Fringe or waste of Insulating sheet made of Glass yarn coated synthetic resin, discharged from production of cloth or clothes of Insulating sheet 7019 39 90 made of Glass yarn exporting and processing enterprises, enterprises in non-tariff zones. scraps 23 7204 10 00 24 7204 21 00 25 7204 29 00 26 7204 30 00 27 7204 41 00 - Imported for use as raw materials for production of insulating materials. Cast iron waste and - Imported scraps in group 7204 including types of iron, steel of cast iron materials with scraps various forms and sizes (including: Iron, steel Alloy steel waste or cast iron parts corrupted; Iron, steel or cast and scraps: Made iron products corrupted; shealth of Iron, steel of stainless steel. or cast iron packagings not sticked oil, Alloy steel waste chemical too much to be considered as and scraps: Other hazardous waste according to guidance in (different than type point 3 part A of Annex 8 (promulgated made of stainless together with the Circular No.12/2011/TTBTNMT of April 14, 2011 of the Ministry of steel) Natural Resources and Environment, Iron or tinned steel stipulating hazardous waste management), waste and scraps discharged from production and business Other Iron or steel activities of exporting and processing waste and scraps: enterprises, enterprises in non-tariff zones, Turnings, shavings, classified in order to reject waste and items, chips, milling waste, sawdust, filings, trimmings and stampings, whether or not in bundles. goods banned from import as prescribed by Vietnamese law. - The rate of materials other than iron, steel or cast iron mixing in each import consignment of mica scraps not exceeding 5% volume. 28 - Imported for use as raw materials for steel Other Iron or steel production. 7204 49 00 waste and scraps: Other. 29 Remelting scrap 7204 50 00 ingots of iron, steel or cast iron. 30 7404 00 00 Copper waste and scraps 31 7503 00 00 Nickel waste and scraps 32 7602 00 00 Aluminium waste and scraps 33 7902 00 00 Zinc waste and scraps 34 8002 00 00 35 8101 97 00 36 8102 97 00 37 8104 20 00 38 8108 30 00 39 8109 30 00 Zircon waste and scraps 40 8110 20 00 Antimony waste and scraps 41 8111 00 00 Manganese waste and scraps 42 8112 22 00 Chrome waste and scraps - Imported non-ferrous metal scraps with HS code corresponding to ordinal number from 30 to 42 including materials made of Tin waste and corresponding metals or alloy of those metals scraps with different shapes and sizes, discharged Tungsten waste and from the production and business activities of scraps exporting and processing enterprises, Molybdenum waste enterprises in non-tariff zones, classified in order to reject waste and items, goods banned and scraps from import as prescribed by Vietnamese law. Magnesium waste - The rate of materials other than non-ferrous and scraps metal corresponding to HS code mixing in Titanium waste and each imported consignment of paper or paperboard scraps not exceeding 5% volume. scraps - Imported for use as raw materials for production. 43 8534 Printed circuit scraps - Fringe or waste of all types of printed circuit sheet in group 8534, yet not fitted with or removed from electronic components, discharged from production of cloth or clothes of exporting and processing enterprises, enterprises in non-tariff zones. - Imported for use as electronic circuit boards. 44 8544 Insulated section - Section of wire, cable or waste of all electric and wate of electric wires, cables in group 8544, discharged from wire, (including co- production of cloth or clothes of exporting axial cable) cables and processing enterprises, enterprises in non((including tariff zones. enamelled or anodised) and other - Imported for selection to use as electric wire, cable or classify into raw materials in service insulated for production of plastic, rubber, metal. conductors. Note: Based on provisions in item VIII, Annex 3 of the Government’s Decree No. 12/2006/ND-CPof January 23, 2006, detailing the implementation of Commercial Law on international purchases and sales of goods; and agency for sale and purchase, processing and transit of goods involving foreign parties; HS code and name of scraps in this List are used under the Circular No.193/2012/TT-BTC of November 15, 2012 of the Ministry of Finance, promulgating the preferential import and export tariff according to the list of taxable products.