Legal Document

Title: Circular 04/2012/TT-BXD guiding the export of minerals as building materials

Type: Circular

Issuing Agency: Ministry of Construction

Responsible Agency: Ministry of Construction

Issuing Date: 20-09-2012

List of minerals permitted for export

1. Minerals permitted for export are those specified in Appendix 1 to this Circular.

2. When there arises a need to export a mineral outside the list of those permitted for export, the Ministry of Construction shall report such to the Prime Minister for decision.

Article 4. Conditions on minerals for use as building materials permitted for export

1. Minerals on the list of those permitted for export must meet the conditions specified in Appendix 1 to this Circular and not on the list of minerals for use as building materials banned from export provided in Appendix 2 to this Circular (excluding minerals temporarily imported for re-export).

2. Minerals must be of the following origin:

a/ Minerals exploited from mines with mining licenses issued by competent state management agencies which remain valid at the time of exploitation.

b/ Minerals confiscated and sold by competent state management agencies with valid purchase or auction documents.

c/ Minerals temporarily imported for re-export or imported for export processing in accordance with the Commercial Law and its guiding documents. In this case, enterprises shall obtain import declarations to prove that the minerals processed for export are produced from imported materials.

Article 5. A mineral export dossier comprises

1. A goods export dossier as provided by the Customs Law.

2. Results of testing and analysis of mechanical, physical and chemical criteria of minerals as provided in Appendix 1 to this Circular, certified by LAS-XD or equivalent laboratories (except walling stones, roofing slates and combustible shale).

3. Documents proving the origin of minerals as follows:

a/ For enterprises exploiting and processing minerals by themselves or exploiting, processing and exporting minerals under authorization: Notarized copies of the mineral mining license and investment certificate of the mineral processing project. For miners without processing plants, investment certificates of processors hired to process minerals and mineral processing contracts are required.

b/ For enterprises purchasing minerals for export processing: Notarized copies of the mineral mining license, value-added tax invoices, and investment certificates of the sellers’ mineral processing projects.

c/ For enterprises which have made business registration for mineral export purchases processed minerals for export: Sale and purchase contracts, notarized copies of mineral mining licenses, value-added tax invoices, and investment certificates of the sellers’ mineral processing projects.

d/ For enterprises importing minerals for export processing: Import declarations proving that minerals processed for export are produced from imported materials.

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APPENDIX 1

LIST OF MINERALS FOR USE AS BUILDING MATERIALS AND
EXPORT CRITERIA AND CONDITIONS

(To the Ministry of Construction’s Circular No. 04/2012/TT-BXD of September 20, 2012)

No.	Minerals	Export criteria	Conditions
1	Sand
1.1	White sand	SiO₂ content ³ 99 %
1.2	Yellow sand for use as molds or for filtering water	SiO₂ content ³ 95% and of a grain size £ 2.5 mm
1.3	Ground sand	Of a grain size £ 5 mm
1.4	Salted sand	Cl- content ³ 0.05 % TiO₂content £ 1000 ppm	Exploited under projects licensed by the Prime Minister and not used by the localities
2	Limestone: for use as materials for production of construction glasses, metallurgy, lime baking, etc.	Of a grain size £ 200 mm	Not included the master plan on minerals for use as materials for cement production or building materials
3	Walling and flooring stone	Thickness £ 100 mm
4	Sedimentary rocks (limestone, marble, etc.)	Of a grain size £ 20 mm	Processed and polished or use as decorative or finishing materials
5	Roofing slate, combustible shale	Thickness £ 50 mm
6	Building stone	Of a size £ 60 mm	Exploited from mines outside southeastern and southwestern provinces.
7	Dolomite	MgO content ³ 18%, of a grain size £ 60 mm
8	Quartz	Of a grain size £ 1 mm, and SiO₂content ³ 85%
9	Kaolin	Al₂O₃³ 28 %, Fe₂O₃£ 3 %, of a grain size £ 1 mm
10	Pyrophyllite kaolin	Al₂O₃³ 17 %, of a grain size £ 100 mm

APPENDIX 2

LIST OF MINERALS FOR USE AS BUILDING MATERIALS
BANNED FROM EXPORT

(To the Ministry of Construction’s Circular No. 04/2012/TT-BXD of September 20, 2012)

No.	List of minerals
1	Limestone and additives included in the master plan on minerals for use as materials for cement production
2	Building stone exploited from mines in southeastern and southwestern provinces
3	Stone blocks
4	Salted sand
5	Building sand (natural sand)
6	Gravel
7	Feldspar
8	Clay, Hill earth

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List Measures/Standards

Name	Description	Status	Measures/Standards	Measure Class
The list of minerals allowed to export	Minerals allowed to export are specified in Annex 1 of Circular 04/2012/TT-BXD	Active	Measure	Goods
The list of minerals for producing building materials banned from export	The list of minerals for producing building materials banned from export in Annex 2 of Circular 04/2012/TT-BXD	Active	Measure	Goods