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

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
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No: 01/2013/TT-BTNMT

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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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;

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

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.

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
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%) - Imported for use as raw materials for production of Handicrafts and fine-arts.
2	2520	10	00	Plaster.	- 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	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. - 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	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	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	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	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	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. - 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	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	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	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	- 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
27	7602	00	00	Aluminium waste and scraps
28	7902	00	00	Zinc waste and scraps
29	8002	00	00	Tin waste and scraps
30	8101	97	00	Tungsten waste and scraps
31	8102	97	00	Molypden waste and scraps
32	8104	20	00	Magnesium waste and scraps
33	8108	30	00	Titanium waste and scraps
34	8109	30	00	Zircon waste and scraps
35	8110	20	00	Antimony waste and scraps
36	8111	00	00	Manganese waste and scraps
37	8112	22	00	Chrome waste and scraps

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	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	- 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	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	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.
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	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.
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	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. - 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	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	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	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.
22	7019	39	90	Insulating sheet made of Glass yarn scraps	- Fringe or waste of Insulating 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	- 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	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	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.
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	00	Nickel waste and scraps
32	7602	00	00	Aluminium waste and scraps
33	7902	00	00	Zinc waste and scraps
34	8002	00	00	Tin waste and scraps
35	8101	97	00	Tungsten waste and scraps
36	8102	97	00	Molybdenum waste and scraps
37	8104	20	00	Magnesium waste and scraps
38	8108	30	00	Titanium waste and scraps
39	8109	30	00	Zircon waste and scraps
40	8110	20	00	Antimony waste and scraps
41	8111	00	00	Manganese waste and scraps
42	8112	22	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			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.

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