Circular No. 126/2011/TT-BTC dated September 7, 2011 of the Ministry of Finance amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 165/2010/TT-BTC of October 26, 2010, providing customs procedures for export, import, temporary import for re-export and border-gate transfer of petrol and oil; import of materials for production and preparation of petrol and oil; and import of materials for export processing of petrol and oil

THE MINISTRY OF FINANCE

Circular No. 126/2011/TT-BTC of September 7, 2011, amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 165/2010/TT-BTC of October 26, 2010, providing customs procedures for export, import, temporary import for re-export and border-gate transfer of petrol and oil; import of materials for production and preparation of petrol and oil; and import of materials for export processing of petrol and oil

Pursuant to June 29, 2001 Customs Law No. 29/2001/QH10, and June 14, 2005 Law No. 42/2005/QH11 Amending and Supplementing a Number of Articles of the Customs Law;

Pursuant to June 14, 2005 Law No. 45/2005/QH11 on Import Duty and Export Duty;

Pursuant to November 29, 2006 Law No. 78/2006/QH11 on Tax Administration;

Pursuant to the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the Commercial Law regarding international goods purchase and sale and goods purchase and sale agency, processing and transit activities with foreign partners;

Pursuant to the Government’s Decree No. 84/2009/ND-CP of October 15, 2009, on petrol and oil trading;

Pursuant to the Government’s Decree No. 154/2005/ND-CP of December 15, 2005, detailing a number of articles of the Customs Law regarding customs procedures and customs inspection and supervision;

Pursuant to the Government’s Decree No. 87/2010/ND-CP of August 13, 2010, detailing a number of articles of the Law on Import Duty and Export Duty;

Pursuant to the Government’s Decree No. 85/2007/ND-CP of May 25, 2007, detailing the Law on Tax Administration;

Pursuant to the Government’s Decree No. 106/2010/ND-CP of October 28, 2010, amending and supplementing a number of articles of the Government’s Decree No. 85/2007/ND-CP of May 25, 2007, detailing a number of articles of the Law on Tax Administration, and Decree No. 100/2008/ND-CP of September 8, 2008, detailing a number of articles of the Law on Personal Income Tax;

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

The Ministry of Finance amends and supplements a number of articles of the Ministry of Finance’s Circular No. 165/2010/TT-BTC of October 26, 2010, providing customs procedures for export, import, temporary import for re-export and border-gate transfer of petrol and oil; import of materials for production and preparation of petrol and oil; and import of materials for export processing of petrol and oil as follows:

Article 1. To add the following Clause 4 to Article 1:

“4. For traders that possess licenses for import, export and sale of petrol and oil for production and business of enterprises in export processing zones, tax suspension zones, commercial and industrial zones and other border-gate economic zones established under the Prime Minister’s decision which provides that goods purchase, sale and exchange relations between such zones and inland areas are import and export ones, customs procedures for such purchase and sale of petrol and oil shall be conducted as for temporary import for re-export of petrol and oil. Specifically, petrol and oil traders may complete procedures for importing petrol and oil into Vietnam as for temporary import of petrol and oil and sell such petrol and oil to enterprises in above zones as in process of re-export.”

Article 2. To amend and supplement Clause 4, Article 6 as follows:

“4. Petrol and oil already temporarily imported but neither re-exported nor fully re-exported may be put for domestic consumption:

4.1. The time limit for tax payment for a petrol and oil volume of up to 10 per cent of the temporarily imported volume complies with Point d, Clause 3, and Clause 4, Article 42 of Tax Administration Law No. 78/2006/QH11.

4.2. If the petrol and oil volume traded in the mode of temporary import for re-export and later put into domestic consumption is higher than 10 per cent of the temporarily imported volume, the time limit for tax payment for the excessive 10 per cent complies with Point e, Clause 3, and Clause 4, Article 42 of Tax Administration Law No. 78/2006/QH11.

4.3. After fulfilling tax and financial obligations and paying late tax payment fines (if any) under law, traders shall comply with regulations on inspection of imported petrol and oil quality.”

Article 3. To amend and supplement Chapter IV and Article 14 as follows:

1. “Chapter IV

Customs procedures for re-export and export of petrol and oil for aircraft.”

2. “Article 14. Customs dossiers:

1. For re-export of petrol and oil:

When delivering goods to aircraft, traders shall submit or produce to district-level Customs Departments the following documents:

- A registered customs declaration, to be produced;

- An original sale invoice or ex-warehousing bill, to be submitted;

- An original document stating the norm of petrol and oil volume for a domestic flight (for aircraft making domestic flights before exiting Vietnam).

2. For export of petrol and oil:

2.1. Documents to be submitted to district-level Customs Departments include:

- Two original registered customs declarations;

- A copy of the domestically-produced or imported petrol and oil purchase contract;

- A copy of the contract on petrol and oil sale to aircraft and its appendixes (if any);

- An original sale invoice or ex-warehousing bill;

- An original document stating the norm of petrol and oil volume for domestic flights (for aircraft making domestic flights before exiting Vietnam);

- A copy of the Ministry of Industry and Trade’s written certification of registration of the plan on production and import of materials and consumption of petrol and oil products.

2.2. Documents (original) to be produced at the request of district-level Customs Departments:

To produce documents (original) to customs officers for inspection and cross-check with documents (copy) to be submitted specified in Point 2.1 of this Clause.

Article 4. Effect

1. This Circular takes effect on October 21, 2011.

2. The General Director of Customs shall direct directors of provincial-level Customs Departments in performing the management, monitoring and implementation of provisions of this Circular.-

For the Minister of Finance
Deputy Minister
DO HOANG ANH TUAN