THE MINISTRY OF
INDUSTRY
------No.04/2005/TT-BCN
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------Hanoi, August 02, 2005
CIRCULAR
GUIDING THE EXPORT OF MINERALS IN THE 2005-2010 PERIOD
Pursuant to the March 20, 1996 Law on Minerals and the Governments Decree No.
76/2000/ND-CP dated December 15, 2000 detailing the implementation of the Law on Minerals
(amended)
The Ministry of Industry hereby guides the export of minerals in the 2005-2010 period as
follows:
I. INTERPRETATION OF TERMS
1. VILAS standards are standards set by the Vietnam Laboratory Accreditation Scheme.
Laboratories up to VILAS standards are laboratories having the quality management system
ISO/IEC 17025, equivalent to TCVN ISO/IEC 17025:2001. VILAS certificates are granted by
the Quality Accreditation Office under the General Department for Standardization, Metrology
and Quality Control.
2. State agencies competent to grant mineral exploitation permits or minerals processing permits
are the Ministry of Industry, the Ministry of Natural Resources and Environment or the
provincial/municipal Peoples Committees, for mineral full extraction permits.
II. PROVISIONS ON THE EXPORT OF MINERALS
1. Minerals shall be allowed to be exported only if they meet the following conditions and
standards:
a) Being exploited from mines not planned for domestic processing.
b) Being processed to be up to the quality standards and conditions provided for in Appendix 1
to this Circular (not printed herein). The quality standards of minerals must be certified by
laboratories up to VILAS standards.
2. Enterprises permitted to export minerals are enterprises set up under the provisions of law,
fully meeting the conditions on import, export, processing as well as goods sale and purchase
agency with foreign countries, stipulated in the Commercial Law, and satisfying one of the
following conditions:
a) Possessing valid mineral exploitation permits or mineral full extraction permits, granted by
competent State agencies.
b) Possessing valid mineral processing permits and contracts on the purchase of minerals for
processing, signed with organizations or individuals that posses valid mineral exploitation
permits or mineral full extraction permits.
c) Possessing contracts on the purchase of minerals or contracts on entrusted export of minerals,
signed with organizations or individuals that posses valid mineral exploitation permits, minerals
full extraction permits or mineral processing permits.
3. The export of minerals by mode of temporary import for re-export shall comply with the
Regulation on conducting business by mode of temporary import for re-export (issued together
with Decision No. 1311/1998/QD-BTM dated October 31, 1998 of the Ministry of Trade).
4. The export of minerals to foreign traders after the performance of processing contracts with
foreign traders shall comply with the provisions of the Governments Decree No. 57/1998/ND-CP
dated July 31, 1998 detailing the implementation of the Commercial Law regarding goods
import, export, processing and sale and purchase agency with foreign countries.
5. The export of pit coal shall comply with Circular No. 02/1999/TT-BCN dated June 14, 1999
of the Ministry of Industry guiding conditions for trading in pit coal. The non-quota export shall
comply with Circular No. 15/2000/TT-BTM dated August 10, 2000 of the Ministry of Trade.
6. Petroleum minerals shall comply with the Petroleum Law and the Law Amending a Number
of Articles of the Petroleum Law, which were passed by the National Assembly on July 6, 1993
and June 9, 2000, respectively.
7. For minerals which have been categoried, sorted out, washed and processed but fail to reach
the quality standards provided for in Appendix 01 (not printed herein) or minerals of categories
not yet mentioned in Appendix 01 (not printed herein), the Ministry of Industry (for solid and
non-mental minerals) and the Ministry of Construction (for minerals used as building materials)
shall guide the implementation. Special cases where there is any adjustment or amendment to the
planning must be reported to the Prime Minister.
III. IMPLEMENTATION PROVISIONS
1. Some categories of minerals, including refined chromite ore, refined ilmenite ore, zircon,
rutile, lead sulfide, for which export contracts have been signed under conditions and criteria set
in Circular No. 02/2001/TT-BCN before the effective date of this Circular, may be exported upto
the end of September 30, 2005. Past this deadline, the provisions of this Circular shall apply.
2. Basing itself on the demands for each type of minerals used for projects on processing
minerals at home, the Ministry of Industry shall consider and adjust the list of minerals permitted
to be exported in Appendix 01 to this Circular (not printed herein) and announce the adjustment
one year before stopping the export thereof.
3. This Circular takes effect 15 days after its publication in "CONG BAO" and replaces Circular
No. 02/2001/TT-BCN dated April 27, 2001 of the Ministry of Industry guiding the export of
commodity minerals in the 2001-2005 periods.
FOR THE MINISTER OF INDUSTRY
VICE MINISTER
Do Huu Hao