CIRCULAR

GUIDING THE NON-QUOTA EXPORT OF COAL TO CHINA

In furtherance of the Prime Ministers direction in Official Dispatch No. 2490/VPCP-KTTH of June 20, 2000 of the Governments Office;
After reaching agreement with the Ministry of Industry, the General Department of Customs, the Vietnam State Bank and the Peoples Committee of Quang Ninh province,
The Trade Ministry hereby guides the implementation of the non-quota export of coal to China as follows:

1. Enterprises being the Vietnam Coal Corporations members and a number of enterprises in Quang Ninh province, that have coal-trading permits, shall be entitled to conduct non-quota export to China slack of No. 10 and No. 11 or lower (according to the quality certificate provided by the manufacturer). Such enterprises shall decide the price of export coal and take self-responsibility for the effectiveness of their business.

The list of the enterprises in Quang Ninh province, which are entitled to export coal, shall be selected by the Peoples Committee of Quang Ninh province and notified to the Trade Ministry and the General Department of Customs (according to Appendix No. 01 enclosed herewith).

2. Coal-exporting border gates are the seaports already announced by the competent bodies to be the ports for export/import goods receipt and delivery ports, and other seaports in Mong Cai area defined by the Peoples Committee of Quang Ninh province in line with the experimental policy in Mong Cai border-gate area under the Prime Ministers Decision No. 675/QD-TTg of September 18, 1996 and Decision No. 103/QD-TTg of June 4, 1998, and the Governments Official Dispatch No. 545/CP-DP1 of June 2, 2000 (according to Appendix No. 02 enclosed herewith).

3. Export coal shall be paid in the following forms:

- Payment in foreign currencies converted via banks according to international practices.

...

...

...

- Payment in freely-convertible foreign currencies in cash if so permitted by the State Bank.

- In form of barter (for conditional import goods, before signing barter contracts, the Trade Ministrys permission must be obtained).

4. The Peoples Committee of Quang Ninh province shall have to coordinate in directing the enterprises participating in the non-quota export of coal to China in the combat against unplanned exploitation of coal, environmental protection, maintenance of border order and security as well as other issues relating to coal export according to the provisions of this Circular.

5. This Circular takes effect 15 days after its signing.

FOR THE MINISTER OF TRADE
VICE MINISTER




Luong Van Tu

APPENDIX NO. 01

...

...

...

LIST OF ENTERPRISES IN QUANG NINH PROVINCE WHICH ARE ENTITLED TO CONDUCT NON-QUOTA EXPORT OF COAL TO CHINA

1. Quang Ninh Export and Import Company

2. Cam Pha Export and Import Goods Trading Company

3. Quang Ninh Commercial Company

4. Van Don Company

5. Quang Ninh Industrial Goods Development and Support Company

6. Quang Ninh Ocean Shipping Agency.

APPENDIX NO. 02

...

...

...

BORDER-GATES ENTITLED TO CONDUCT NON-QUOTA EXPORT OF COAL TO CHINA

1. Hon Gai Port

2. Cam Pha Port

3. Van Gia (Mong Cai) Transshipment Area.-