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Circular and Circular 05/2007/TT-BCT 04/2007/TT-BCT
07/03/2011

 Pursuant to Decree No. 59/2006/ND-CP dated 12 May 06, 2006 of the Government detailing the Commercial Law regarding goods and services banned from business to business restriction and conditional business.

 

I. GENERAL PROVISIONS

1. Object and scope of application 

This Circular applies to the business owner as traders under the provisions of Point b, Clause 1, Article 7 of Decree No. 59/2006/ND-CP dated 12 May 06, 2006 of the Government detailing the Commercial Law Trade in goods and services banned from business to business restriction and conditional business;Coal has operations in the territory of Vietnam, including domestic sales, export, import, transport, store, agent.

 

2. Expression construe.

 

a) "Coal" is an item of business conditions as stipulated in Article 7 of Decree No. 59/2006/ND-CP dated 12 May 06, 2006 of the Government detailing the Commercial Law regarding goods and services services business is prohibited, restricted trading and business conditions, including all types of coal and fossil-derived fossil carbon in the form of raw or processed declaration.

 

b) "Coal is legal origin" means the coal is mined, processed by organizations and individuals with mining licenses, permits mining, coal processing permit issued by the competent State issued under the provisions of the Minerals Law in 1996 and the Law amending and supplementing some articles of the Minerals Law in 2005 and the documents guiding the implementation of the Mineral Law in 1996 and the Law amending and supplementing some articles of Mineral Law in 2005, coal was imported legally; coal confiscated from illegal trade and are issued under the provisions of law.

 

II. COAL BUSINESS CONDITIONS

 

Traders coal must meet the conditions specified at Points b, c, d, Clause 1, Article 7 of Decree 59/2006/ND-CP dated 12 May 06, 2006 of the Government detailing the Commercial Law on goods and services banned from business, limited business and business conditions, as follows:

 

1. Having the certificate of business registration by the competent authorities in accordance with the law on business registration.

 

2. Own or lease a business location, transport, loading and filling facilities, warehouses, ports, media weight, measuring the volume of coal to cater for business purposes, ensuring technical requirements conditions and safety, sanitation and fire prevention under the current regulations of the State:

 

- Means of transport must be equipped with shielding against dust, spillage, ensuring the requirements of environmental protection while in traffic.

 

- Location, location of ports and export of coal, coal to get in line with local planning harbor; a temporary storage of coal; have poured onto loading equipment and vehicles to ensure safety is environmental protection measures.

 

- Storage of coal reserves, stations, shops than to have separate boxes for each type contains different coal; placement must be consistent with the planning of local development and ensure the requirements of the protection and defense environment, traffic safety and order prescribed by law. For self-burning coal to take measures and means fire-fighting agency fire-fighting and local licensing examination.

 

3. Managerial staff, technicians and sales staff directly to the coal, staff directly providing services to the coal business of professional qualifications, expertise and Health under the provisions of law.

 

4. Traders are allowed coal business is legal origin stipulated in Clause 2 of Section I of this Circular.

 

5. For the export of coal, in addition to ensuring adequate conditions stipulated in this Circular, traders must comply with the provisions of Circular No. 05/2007/TT-BCT coal exports on 22 October 2007 of the Ministry of Industry and Commerce.