Currently, with the era of globalization and free trade, the export of goods and equipment in Vietnam is increasing and developing. In particular, charcoal is one of the items that are exported quite a lot to other countries. However, due to the complex properties and diversity of types, the export of charcoal also needs a certain control mechanism.
- Charcoal export conditions
Charcoal is one of the types of coal. Accordingly, coal includes all types of fossil coal and coal of fossil origin in the form of raw materials or processed (according to Clause 1, Article 3 of Circular 14/2013 on coal trading activities). Previously, the conditions for exporting coal in general and charcoal in particular were specified in Article 4 of Circular No. 15/2013/TT-BCT on coal export, according to which the export of
- Being an enterprise that fully meets the conditions for trading in coal as prescribed in Circular No. 14/2013/TT-BCT dated July 15, 2013 of the Ministry of Industry and Trade on conditions for coal trading.
- Coal has been processed and meets the quality standards or equivalent to the quality standards specified in Appendix I to Circular 15/2013/TT-BCT;
- Having a lawful origin as prescribed in Circular No. 14/2013/TT-BCT;
- Other regulations (if any) according to the Government’s management on import and export activities from time to time.
However, at present, the conditions on coal export in Circular 15/2013/TT-BCT have been abolished by Circular 27/2016/TT-BCT on amending, supplementing and annulling a number of regulations on business investment conditions in a number of fields under the state management of the Ministry of Industry and Trade; Circular 13/2020/TT-BCT on amending, supplementing and abolishing a number of regulations on business investment conditions in the field of state management of the Ministry of Industry and Trade. Thus, according to the provisions of current law, the export of coal does not need to meet the above conditions anymore. In addition, in Appendix II issued together with Circular No. 13/2020/TT-BCT, there are regulations on the list and quality standards of exported coal according to National Standard TCVN 8910:2015 Commercial coal – Requirements Skill. Accordingly, charcoal is not on the list of types of coal that must meet export coal quality standards. Thus, under the new regulations, the procedure for exporting charcoal has been much easier. To export charcoal, individuals and organizations that need only need to go through customs procedures can complete the procedures for exporting charcoal. So what is the process of exporting charcoal according to customs procedures?
- Procedures for exporting charcoal
Procedures for exporting charcoal are carried out through the following steps:
Step 1: Prepare customs documents
Individuals and organizations need to prepare dossiers, including the following papers and documents:
- Customs declaration according to the information criteria specified in form No. 02, Appendix II issued with Circular 39/2018/TT-BTC. In case of implementation on paper customs declarations, customs declarants declare and submit 02 originals of customs declarations according to form HQ/2015/XK Appendix IV issued with Circular 39/2018/TT-BTC;
- 01 copy of commercial invoice or equivalent document in case the buyer has to pay the seller.
- 01 photocopy of documents proving that the organization or individual is eligible to export charcoal in accordance with the law on investment
- Entrustment contract with documents proving that the organization or individual is eligible to export charcoal in accordance with the law on investment, but the trustee uses the documents certified by the entrustor;
Step 2: Enterprises declare information in the customs declaration and register for customs declaration at the Customs Sub-department where the enterprise is headquartered or where the production facility is located or the Customs Sub-Department where the export goods are gathered or the Sub-department of Customs at the checkpoint of export;
Step 3: The customs authority will check the customs declaration according to the conditions prescribed by law.
In case the conditions are not met, the customs authority will not accept the registration of the customs declaration and give the reason for the declaration to the customs declarant. In case of customs declaration on a paper customs declaration, the customs officer is responsible for checking the conditions for registration of the customs declaration and the documents in the customs dossier.
Step 4: Competent authority to distribute declarations
For electronic customs declarations, the Director of the General Department of Customs shall decide to separate the declarations and notify them on the customs electronic data processing system in one of the following forms:
- Accept information on the customs declaration (line 1);
- Check relevant documents in the customs dossier submitted or presented by the customs declarant or relevant documents on the National Single Window Portal (line 2);
- Physical inspection of goods on the basis of checking relevant documents in the customs dossier submitted or presented by the customs declarant or relevant documents on the National Single Window Portal (line 3).
Step 5: Clearance of charcoal products
The customs authority is responsible for checking the details of the customs dossier, inspecting the actual goods, releasing the goods and deciding on the customs clearance of the goods if the statutory conditions are satisfied. So the procedure for exporting charcoal has been completed.
