circular no. 01/2013/tt-btnmt dated january 28,...

Circular No. 01/2013/TT-BTNMT dated January 28, 2013

Thứ sáu, 22 Tháng 2 2013 09:55

Circular No. 01/2013/TT-BTNMT dated January 28, 2013 of the Ministry of Natural Resources

and Environment stipulating on scraps permitted to be imported for use as raw materials for

production

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

-------

No: 01/2013/TT-BTNMT

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

----------

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;

1 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

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

2 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

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.

3 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

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 number

HS Code

Name of scraps

Description of scraps, quality requirement, use purpose

4 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

1

0508

00

20

Shells of molluscs, crustaceans or invertebrate echinoderms

- Shells of molluscs, crustaceans or invertebrate echinoderms such as: Cockle shells, snail shells, oyster shells, etc, of which meat part and other impurities have been removed and dried under sunlight (of humidity below than 50%)

- Importe d for use as raw materials for production of Handicrafts and fine-arts.

2

2520

10

00

Plaster.

5 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

- 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

2618

00

00

Granulated slag (slag sand) from the manufacture of iron or steel.

- Granulated slag processed from slag of pig iron, iron or steel blast-furnace. Meeting requirements for granulated slag blast-furnace used for cement production under National technical regulation on building material products, goods QCVN 16-3:2011/BXD group of additive products for cement and concrete, promulgated by the Ministry of Construction.

- Imported for use as additive for cement production.

4

3818

6 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

00

00

Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms.

- 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.

5

3915

10

10

Plastic waste, parings and scraps from polyethylene (PE): Spongy, non-hard

- Plastic scraps imported in Group 3915 must meet National technical regulation on environment applicable to import plastic scrap QCVN 32:2010/BTNMT promulgated by the Ministry of Natural Resources and Environment.

7 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

- Imported for use as raw materials for production of plastic products.

6

3915

10

90

Plastic waste, parings and scraps from polyethylene (PE): Other.

7

3915

20

10

Plastic waste, parings and scraps from Polystyrene (PS): Spongy, non-hard

8 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

8

3915

20

90

Plastic waste, parings and scraps from Polystyrene (PS): Other.

9

3915

30

10

Plastic waste, parings and scraps from Polyvinyl clorua (PVC): Spongy, non-hard

10

9 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

3915

30

90

Plastic waste, parings and scraps from Polyvinyl clorua (PVC): Other.

11

3915

90

00

Other plastic waste, parings and scraps.

12

4707

10 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

10

00

Recovered (waste and scrap) paper or paperboard Unbleached kraft paper or paperboard or corrugated paper or paperboard

- Paper or paperboard scraps imported in Group 4707 must meet National technical regulation on environment applicable to import paper scrap QCVN 33:2010/BTNMT promulgated by the Ministry of Natural Resources and Environment.

- Imported for use as raw materials for production of pulp, paper or paperboard products.

13

4707

20

00

Recovered (waste and scrap) paper or paperboard: Other paper or paperboard essentially made of pulp gained from chemical process, bleached, have not yet dyed for entire.

14

11 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

4707

30

00

Recovered (waste and scrap) paper or paperboard:

Other paper or paperboard essentially made of pulp gained from mechanical process (example, paper used for printing of newspaper, magazine, and similar publications)

15

4707

90

00

Recovered (waste and scrap) paper or paperboard: Other, including unclassified waste and scraps.

16

12 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

5003

00

00

Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock).

- Silk, cocoon waste gained from process of silkworm processing, production of yarn.

- Imported in order to salvage for production of silk, yarn, fabric.

17

7001

00

00

Cullet and other waste and 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.

13 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

- Imported for production of glass products.

18

7204

10

00

Cast iron waste and scraps

- Scraps imported in Group 7204 must meet National technical regulation on environment applicable to import iron, steel scraps QCVN 31:2010/BTNMT promulgated by the Ministry of Natural Resources and Environment.

- 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.

19

7204

14 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

21

00

Alloy steel waste and scraps : Made of stainless steel

20

7204

29

00

Alloy steel waste and scraps: Other (different than type made of stainless steel)

21

7204

30

15 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

00

Iron or tinned steel waste and scraps

22

7204

41

00

Other Iron or steel waste and scraps: Turnings, shavings, chips, milling waste, trimmings and stampings, whether or not in bundles.

23

7204

49

00

16 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

Other Iron or steel waste and scraps: Other.

24

7204

50

00

Remelting scrap ingots of iron, steel, or cast iron

25

7404

00

00

Copper waste and scraps

17 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

- Import non-ferrous metal 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.

26

7503

00

00

Nickel waste and scraps

18 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

27

7602

00

00

Aluminium waste and scraps

28

7902

00

00

Zinc waste and scraps

29

19 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

8002

00

00

Tin waste and scraps

30

8101

97

00

Tungsten waste and scraps

31

8102

20 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

97

00

Molypden waste and scraps

32

8104

20

00

Magnesium waste and scraps

33

8108

30

21 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

00

Titanium waste and scraps

34

8109

30

00

Zircon waste and scraps

35

8110

20

00

22 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

Antimony waste and scraps

36

8111

00

00

Mangan ese waste and scraps

37

8112

22

00

Chrome waste and scraps

23 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

Note: Based on provisions in item VIII, Annex 3 of 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; 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

HS Code

Name of scraps

Description of scraps, quality requirement, use purpose

1

24 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

2525

30

00

Mica scraps

- 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

2712

90

90

paraffin wax scraps

25 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

- 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 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

3818

00

00

Chemical elements doped for use in electronics, in the form of discs, wafers or similar forms.

- 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.

4

26 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

3915

10

10

Plastic waste, parings and scraps from polyethylene (PE): Spongy, non-hard

- 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/TT-BTNMT, 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.

- 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.

5

3915

10

90

27 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

Plastic waste, parings and scraps from polyethylene (PE): Other.

6

3915

20

10

Plastic waste, parings and scraps from Polystyrene (PS): Spongy, non-hard

7

3915

20

90

Plastic waste, parings and scraps from Polystyrene (PS): Other.

28 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

8

3915

30

10

Plastic waste, parings and scraps from Polyvinyl clorua (PVC): Spongy, non-hard

9

3915

30

90

Plastic waste, parings and scraps from Polyvinyl clorua (PVC): Other.

10

29 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

3915

90

00

Other plastic waste, parings and scraps.

11

4004

00

00

Rubber waste, parings and scraps (excluding hard rubber)

- 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, 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.

30 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

12

4017

00

90

Hard rubber (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

4401

39

31 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

00

Sawdust and wood scrap (in various shapes), whether or not agglomerated in logs, briquettes, pellets or similar forms.

- Sawdust and wood scrap (including particle board, plywood scrap, wood in billets, milled-wood, wood in chips or particles) 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 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

4707

10

00

Recovered (waste and scrap) paper or paperboard: Unbleached kraft paper or paperboard or corrugated paper or paperboard

- 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.

32 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

- The rate of materials other than paper or paperboard mixing in each imported consignment of paper or paperboard scraps not exceeding 5% volume.

- Imported for use as raw materials for production of pulp, paper or paperboard products.

15

4707

20

00

Recovered (waste and scrap) paper or paperboard: Other paper or paperboard essentially made of pulp gained from chemical process, bleached, have not yet dyed for entire.

16

4707

30

33 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

00

Recovered (waste and scrap) paper or paperboard: Paper or paperboard essentially made of pulp gained from mechanical process (example, paper printting news, magazines, and similar punlications).

17

4707

90

00

Recovered (waste and scrap) paper or paperboard: Other, including unclassified waste and scraps.

18

5202

10

00

34 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

Yarn waste (including thread waste)

- 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.

19

6310

10

10

New rags (classified)

- Rags discharged from production of cloth or clothes of exporting and processing enterprises, enterprises in non-tariff zones.

- Imported for use as raw materials for production of yarn, cloth or other products.

20

35 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

6310

90

10

New rags (other)

21

7001

00

00

Cullet and other waste and scrap of glass; glass in the mass.

- Not to mix cullet or scrap of glass from cathode ray tube of television, computer, fluorescent lamps and other active glass.

- Imported for use as raw materials for production of glass products.

36 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

22

7019

39

90

Insulat ing sheet made of Glass yarn scraps

- Fringe or waste of Insulat ing sheet made of Glass yarn coated synthetic resin, discharged from production of cloth or clothes of exporting and processing enterprises, enterprises in non-tariff zones.

- Imported for use as raw materials for production of insulating materials.

23

7204

10

00

Cast iron waste and scraps

37 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

- Imported scraps in group 7204 including types of iron, steel of cast iron materials with various forms and sizes (including: Iron, steel or cast iron parts corrupted; Iron, steel or cast iron products corrupted; shealth of Iron, steel or cast iron 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/TT-BTNMT, 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.

- The rate of materials other than iron, steel or cast iron mixing in each import consignment of mica scraps not exceeding 5% volume.

- Imported for use as raw materials for steel production.

24

7204

21

00

Alloy steel waste and scraps: Made of stainless steel.

25

7204

29

38 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

00

Alloy steel waste and scraps: Other (different than type made of stainless steel)

26

7204

30

00

Iron or tinned steel waste and scraps

27

7204

41

00

39 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

Other Iron or steel waste and scraps: Turnings, shavings, chips, milling waste, sawdust, filings, trimmings and stampings, whether or not in bundles.

28

7204

49

00

Other Iron or steel waste and scraps: Other.

29

7204

50

00

Remelting scrap ingots of iron, steel or cast iron.

40 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

30

7404

00

00

Copper waste and scraps

- Imported non-ferrous metal scraps with HS code corresponding to ordinal number from 30 to 42 including materials made of corresponding metals or alloy of those metals with different 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 non-ferrous metal corresponding to HS code mixing in each imported consignment of paper or paperboard scraps not exceeding 5% volume.

- Imported for use as raw materials for production.

31

7503

00

41 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

00

Nickel waste and scraps

32

7602

00

00

Aluminium waste and scraps

33

7902

00

00

42 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

Zinc waste and scraps

34

8002

00

00

Tin waste and scraps

35

8101

97

00

Tungsten waste and scraps

43 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

36

8102

97

00

Molybdenum waste and scraps

37

8104

20

00

Magnesium waste and scraps

38

44 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

8108

30

00

Titanium waste and scraps

39

8109

30

00

Zircon waste and scraps

40

8110

45 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

20

00

Antimony waste and scraps

41

8111

00

00

Mangan ese waste and scraps

42

8112

22

46 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

00

Chrome waste and scraps

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

47 / 48


Thứ sáu, 22 Tháng 2 2013 09:55

Insulated section and wate of electric wire, (including co-axial cable) cables ((including enamelled or anodised) and other insulated conductors.

- Section of wire, cable or waste of all electric wires, cables in group 8544, discharged from production of cloth or clothes of exporting and processing enterprises, enterprises in non-tariff zones.

- Imported for selection to use as electric wire, cable or classify into raw materials in service for production of plastic, rubber, metal.

Note: Based on provisions in item VIII, Annex 3 of 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; 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.

48 / 48

circular no. 01/2013/tt-btnmt dated january 28,...

Documents