Circular No. 62/2012/TT-BTC dated April 17, 2012 of the Ministry of Finance providing customs procedures for temporary import of petrol and oil bought from overseas for exchange with petrol and oil bought from Dung Quat oil refinery for re-export to Laos

THE MINISTRY OF FINANCE

Circular No. 62/2012/TT-BTC of April 17, 2012, providing customs procedures for temporary import of petrol and oil bought from overseas for exchange with petrol and oil bought from Dung Quat oil refinery for re-export to Laos

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 Export Duty and Import 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 trading and trading agency, processing and transit of goods with foreign parties;

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. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

In implementation of the Prime Minister’s Official Letter No. 2434/TTg-KTTH of December 26, 2011, on temporary import of petrol and oil for re-export to Laos;

At the proposal of the General Director of Customs;

The Minister of Finance provides customs procedures for temporary import of petrol and oil bought from overseas for exchange with petrol and oil bought from Dung Quat oil refinery for re-export to Laos.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides customs procedures for temporary import of petrol and oil bought from overseas for exchange with petrol and oil bought from Dung Quat oil refinery for re-export to Laos.

Article 2. Subjects of application

1. PetroVietnam Oil Corporation (under Vietnam National Oil and Gas Group) and Vietnam National Petroleum Group (below referred to as traders).

2. Customs offices.

Chapter II

CUSTOMS PROCEDURES FOR TEMPORARY IMPORT OF PETROL AND OIL BOUGHT FROM OVERSEAS

Article 3. Customs procedures for temporarily imported petrol and oil

1. Procedures for temporary import of petrol and oil bought from overseas comply with Articles 3 and 4 of the Finance Ministry’s Circular No. 165/2010/TT-BTC of October 26, 2010, providing customs procedures for export, import, temporary import for re-export and border transshipment 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.

2. The time limit for temporary import of petrol and oil bought from overseas into Vietnam complies with Clause 3, Article 2 of the Finance Ministry’s Circular No. 165/2010/TT-BTC of October 26, 2010.

3. The customs declaration must clearly indicate the import mode as “TN/HDXDTX.”

Article 4. Liquidation of temporary import customs declarations

1. Traders shall liquidate the volume of petrol and oil bought from overseas for temporary import for exchange with petrol and oil bought from Dung Quat oil refinery for re-export to Laos.

2. The liquidation mentioned in Clause 1, Article 4 of this Circular must be made for each temporary import customs declaration.

3. The time limit for submitting liquidation dossiers is 15 days after the  time limit for temporary import into Vietnam under Clause 2, Article 3 of this Circular.

4. Liquidation dossier

a/ The trader’s written request for liquidation of the temporary import declaration: 1 original;

b/ Temporary import customs declaration: 1 original;

c/ Re-export customs declaration: Originals;

d/ Monitoring and conciliation slip: 1 original;

e/ Petrol and oil trading contract between the trader and Dung Quat oil refinery: 1 original;

f/ Petrol and oil sale invoice: 1 original.

Article 5. Responsibilities of traders for temporarily imported petrol and oil

1. To carry out temporary import procedures for petrol and oil bought from overseas under Article 3 of this Circular, and Clauses 1, 2 and 3, Article 6 of the Finance Ministry’s Circular No. 165/2010/TT-BTC of October 26, 2010.

2. To liquidate temporary import declarations under Article 4 of this Circular.

3. In case the category of temporarily imported petrol or oil is not the same of that bought from Dung Quat oil refinery for re-export to Laos, traders shall carry out temporary import procedures for the category of petrol or oil re-exported to Laos.

4. For temporarily imported petrol or oil which is of improper category or volume or of proper category and volume but is not re-exported or fully re-exported and is sold domestically, traders shall comply with Article 2 of the Finance Ministry’s Circular No. 126/2011/TT-BTC of September 7, 2011.

Article 6. Responsibilities of customs offices

1. Customs Sub-Departments clearing petrol and oil temporary import procedures

a/ To clear temporary import procedures for petrol and oil bought from overseas under Article 3 of this Circular, and Article 5 of the Finance Ministry’s Circular No. 165/2010/TT-BTC of October 26, 2010;

b/ To monitor the time of submission of liquidation dossiers by traders and liquidate temporary import declarations under Article 4 of this Circular; to settle matters related to tax obligations and handle violations (if any) under current regulations;

c/ On the 30th every month, to report to managing provincial-level Customs Departments on the liquidation of temporary import declarations (according to a set form).

2. Provincial-level Customs Departments

On the 5th of the first month of a quarter, based on Customs Sub-Departments’ reports on the liquidation of petrol and oil temporary import declarations, to submit to the General Department of Customs a general report on the liquidation of temporary import declarations of the previous quarter (made according to a set form) enclosed with the Customs Sub-Departments’ reports.

Chapter III

CUSTOMS PROCEDURES FOR RE-EXPORT OF PETROL AND OIL BOUGHT FROM DUNG QUAT OIL REFINERY

Article 7. Customs procedures for re-exported petrol and oil

1. Procedures for re-export of petrol and oil bought from Dung Quat oil refinery comply with Article 8, and Points 2.1 and 2.2, Clause 2, Article 9 of the Finance Ministry’s Circular No. 165/2010/TT-BTC of October 26, 2010. The category and volume of petrol or oil bought from Dung Quat oil refinery for re-export to Laos must match those of actually imported petrol or oil.

2. In addition to the documents required under Points 2.1 and 2.2, Clause 2, Article 9 of the Finance Ministry’s Circular No. 165/2010/TT-BTC of October 26, 2010, a trader shall submit the following documents:

a/ The petrol and oil trading contract between the trader and Dung Quat oil refinery: 1 certified true copy (to produce the original contract for customs officers’ comparison);

b/ Petrol and oil sale invoice: 1 original.

3. The customs declaration must clearly indicate the export mode as “TX/HDXDTN.”

Article 8. Responsibilities of traders for re-exported petrol and oil

To re-export petrol and oil bought from Dung Quat oil refinery under Article 7 of this Circular and Article 12 of the Finance Ministry’s Circular No. 165/2010/TT-BTC of October 26, 2010.

Article 9. Responsibilities of customs offices

1. Customs Sub-Departments clearing petrol and oil re-export procedures

a/ To clear re-export procedures for petrol and oil bought from Dung Quat oil refinery under Article 7 of this Circular and Article 12 of the Finance Ministry’s Circular No. 165/2010/TT-BTC of October 26, 2010;

b/ On the 30th every month, to report to managing provincial-level Customs Departments on the re-export of petrol and oil to Laos (according to a set form).

2. Provincial-level Customs Departments

On the 5th of the first month of a quarter, based on Customs Sub-Departments’ reports on re-export of petrol and oil to Laos, to submit to the General Department of Customs a general report on the re-export of petrol and oil to Laos of the previous quarter (made according to a set form) enclosed with the Customs Sub-Departments’ reports.

3. Customs Sub-Departments of border gates of exportation

The Customs Sub-Departments of border gates of exportation (through which petrol and oil are exported across the border) shall comply with Clauses 1 and 3, Article 11 of the Finance Ministry’s Circular No. 165/2010/TT-BTC.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Effect

1. This Circular takes effect from June 1, 2012, through December 31, 2012.

For temporary import declarations “TN/HDXDTX” registered within the effective time of this Circular, to permit the exchange of petrol and oil bought from Dung Quat oil refinery for re-export to Laos until the end of the time limit for liquidation of temporary import declarations under law.

2. The General Director of Customs shall assume the prime responsibility for, and coordinate with PetroVietnam Oil Corporation (under Vietnam National Oil and Gas Group), Vietnam National Petroleum Group and concerned provincial-level Customs Departments in, reviewing and assessing the implementation of this Circular and making proposals to the Ministry of Finance in December 2012.

3. The General Director of Customs shall direct directors of provincial-level Customs Departments, PetroVietnam Oil Corporation (under Vietnam National Oil and Gas Group) and Vietnam National Petroleum Group in organizing, managing and monitoring the implementation of this Circular.

In the course of implementation, any problems arising beyond the settlement competence should be promptly reported to the Ministry of Finance (through the General Department of Customs) for study and settlement.-

For the Minister of Finance
Deputy Minister
DO HOANG ANH TUAN