Decree 80/2023/ND-CP amend Decree 95/2021/ND-CP and 83/2014/ND-CP on petrol and oil trading

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Decree No. 80/2023/ND-CP dated November 17, 2023 of the Government amending and supplementing a number of articles of the Government’s Decree No. 95/2021/ND-CP of November 1, 2021, and Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading
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Official number:80/2023/ND-CPSigner:Le Minh Khai
Type:DecreeExpiry date:Updating
Issuing date:17/11/2023Effect status:
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THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 80/2023/ND-CP

 

Hanoi, November 17, 2023

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 95/2021/ND-CP of November 1, 2021, and Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the June 20, 2012 Law on Price;

At the proposal of the Minister of Industry and Trade,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 95/2021/ND-CP of November 1, 2021, and Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading.

 

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 95/2021/ND-CP of November 1, 2021 (below referred to as Decree No. 95/2021/ND-CP) and Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading (below referred to as Decree No. 83/2014/ND-CP)

1. To amend and supplement Point d, Clause 7, Article 1, and Point 6, Clause 7, Article 1, of Decree No. 95/2021/ND-CP as follows:

“d/ When its certificate of eligibility to act as a petrol and oil key trader is about to expire, the trader shall make a dossier like a dossier of application for a new license as specified at Point a, Clause 7, Article 1 of Decree No. 95/2021/ND-CP, and additionally provide documents proving its fulfillment of obligations to make deductions for, use, and make closing entries of, the Petrol and Oil Price Valorization Fund, and send the dossier to the Ministry of Industry and Trade at least 30 (thirty) working days before the certificate expires.”

“6. The Ministry of Industry and Trade may revoke certificates of eligibility to act as petrol and oil key traders. A certificate of eligibility to act as a petrol and oil key trader shall be revoked in the following cases:

a/ The trader no longer acts as a petrol and oil key trader, and has sent to the Ministry of Industry and Trade a written request for revocation of the certificate of eligibility to act as a petrol and oil key trader.

b/ The trader has ceased its petrol and oil trading operation for 90 (ninety) days or more.

c/ The trader fails to meet the requirement on total minimum petrol and oil sources assigned by the Ministry of Industry and Trade for 2 (two) consecutive years.

d/ The trader has been dissolved or goes bankrupt in accordance with law.

dd/ The trader commits a violation of regulations on conditions for petrol and oil key traders and fails to remedy such violation within 90 (ninety) days from the date of issuance of the administrative sanctioning decision.

e/ The trader commits a violation of regulations on compulsory minimum petrol and oil reserve and fails to remedy such violation within 90 (ninety) days from the date of issuance of the administrative sanctioning decision.

g/ The trader has been sanctioned for but repeats violations of this Decree’s provisions on quality of marketed petrol and oil and regulations on quality.”

2. To amend and supplement Clause 8, Article 1 of Decree No. 95/2021/ND-CP as follows:

“22. Petrol and oil key traders shall make quarterly reports on the use of petrol and oil depots under the Ministry of Industry and Trade’s regulations.

23. In case a trader is divided, consolidated, merged or transformed or no longer acts a petrol and oil key trader, the trader shall notify such to the Ministry of Industry and Trade for the latter to revoke the certificate of eligibility to act as a petrol and oil key trader, unless the division, consolidation, merger or transformation does not affect the trading conditions.”

3. To amend and supplement Clause 4, Article 13 of Decree No. 83/2014/ND-CP as follows:

“4. Having a laboratory capable of inspecting and testing under its ownership or on a lease from an organization having such a laboratory.”

4. To amend and supplement Clause 6, Article 14 of Decree No. 83/2014/ND-CP as follows:

“6. The Ministry of Industry and Trade may revoke certificates of eligibility to act as petrol and oil distributors. A certificate of eligibility to act as a petrol and oil distributor shall be revoked in the following cases:

a/ The trader no longer acts as a petrol and oil distributor, and has sent to the Ministry of Industry and Trade a written request for revocation of the certificate of eligibility to act as a petrol and oil distributor.

b/ The trader has ceased its petrol and oil trading operation for 90 (ninety) days or more.

c/ The trader has been dissolved or goes bankrupt in accordance with law.

d/ The trader commits a violation of regulations on conditions for petrol and oil distributors and fails to remedy such violation within 90 (ninety) days from the date of issuance of the administrative sanctioning decision.

dd/ The trader commits a violation of regulations on compulsory minimum petrol and oil reserve and fails to remedy such violation within 90 (ninety) days from the date of issuance of the administrative sanctioning decision.

e/ The trader has been sanctioned for but repeats violations of regulations on assurance of volume and quality of marketed petrol and oil, or commits violations of regulations on increase or decrease of petrol and oil selling prices and regulations on quality.”

5. To amend and supplement Article 15 of Decree No. 83/2014/ND-CP as follows:

“17. Petrol and oil distributors shall make quarterly reports on the use of petrol and oil depots under the Ministry of Industry and Trade’s regulations.

18. In case a trader is divided, consolidated, merged or transformed or no longer acts as a petrol and oil distributor, the trader shall notify such to the Ministry of Industry and Trade for the latter to revoke the certificate of eligibility to act as a petrol and oil distributor, unless the division, consolidation, merger or transformation does not affect the trading conditions.”

6. To amend and supplement Clause 8, Article 20 of Decree No. 83/2014/ND-CP as follows:

“8. Provincial-level Departments of Industry and Trade may revoke certificates of eligibility to act as petrol and oil retail agents. A certificate of eligibility to act as a petrol and oil retail agent shall be revoked in the following cases:

a/ The trader no longer acts as a petrol and oil retail agent, and has sent to the concerned provincial-level Departments of Industry and Trade a written request for revocation of the certificate of eligibility to act as a petrol and oil retail agent.

b/ The trader has ceased its petrol and oil trading operation for 30 (thirty) days or more.

c/ The trader has been dissolved or goes bankrupt in accordance with law.

d/ The trader commits a violation of regulations on conditions for petrol and oil retail agents and fails to remedy such violation within 90 (ninety) days from the date of issuance of the administrative sanctioning decision.

dd/ The trader has been sanctioned for but repeats violations of regulations on assurance of volume and quality of marketed petrol and oil and regulations on quality.”

7. To amend and supplement Clauses 2, 3 and 11, Article 21 of Decree No. 83/2014/ND-CP as follows:

“2. To sign a contract to act as a petrol and oil retail agent for no more than 3 (three) petrol and oil distributors or petrol and oil key traders.

3. Not to additionally sign a contract to act as a petrol and oil retail agent for another petrol and oil distributor or petrol and oil key trader if having signed a contract to act as a petrol and oil retail agent for 3 (three) petrol and oil distributors or petrol and oil key traders. The petrol and oil retail agent must belong to the distribution system of petrol and oil distributors or petrol and oil key traders and be subject to control by the latter.

11. In case a trader is divided, consolidated, merged or transformed or no longer acts as a petrol and oil retail agent, the trader shall notify such to the provincial-level Department of Industry and Trade for the latter to revoke the certificate of eligibility to acts as a petrol and oil retail agent, unless the division, consolidation, merger or transformation does not affect the trading conditions.”

8. To amend and supplement Clause 6, Article 25 of Decree No. 83/2014/ND-CP as follows:

“6. Provincial-level Departments of Industry and Trade may revoke certificates of eligibility of petrol and oil retail stations. A certificate of eligibility of a petrol and oil retail station shall be revoked in the following cases:

a/ The trader has ceased its petrol and oil trading operation, and has sent to the concerned provincial-level Department of Industry and Trade a written request for revocation of the certificate of eligibility of a petrol and oil retail station.

b/ The trader has been dissolved or goes bankrupt in accordance with law.

d/ The trader commits a violation of regulations on conditions for petrol and oil retail stations and fails to remedy such violation within 90 (ninety) days from the date of issuance of the administrative sanctioning decision.

dd/ The trader has been sanctioned for but repeats violations of regulations on assurance of volume and quality of marketed petrol and oil and regulations on quality.”

9. To add Clauses 9 and 10 to Article 26 of Decree No. 83/2014/ND-CP as follows:

“9. In case a trader is divided, consolidated, merged or transformed or no longer trades in petrol and oil, the trader shall notify such to the concerned provincial-level Department of Industry and Trade for the latter to revoke the certificate of eligibility of a petrol and oil retail station, unless the division, consolidation, merger or transformation does not affect the trading conditions.

10. To comply with regulations on e-invoices and provide e-invoice data in accordance with the Law on Tax Administration and guiding documents of the Ministry of Finance and tax offices.”

10. To amend and supplement Points 1, 4 and 6, Clause 26, Article 1 of Decree No. 95/2021/ND-CP as follows:

“1. Petrol and oil price valorization fund is a financial fund not included in the state budget balance (below referred to as a price valorization fund); all amounts deducted for the price valorization fund may only be used for regulating, and supporting the valorization of, domestic sale prices of petrol and oil.

A petrol and oil key trader shall make deductions for the price valorization fund; separately account and monitor the price valorization fund via its account opened at a commercial bank or foreign bank branch lawfully operating in Vietnam (below collectively referred to as a bank) under this Decree and the Ministry of Finance’s guidance. Petrol and oil key traders shall take total responsibility before law for the selection of banks, and management and safety assurance of the balance of their price valorization funds.

Banks shall freeze enterprises’ accounts for price valorization funds. Such accounts may only be used for making deductions for and using enterprises’ price valorization funds according to the Ministry of Industry and Trade’s notice of regulation of petrol and oil prices.

Every 6 months, before August 15 of a year and before February 15 of the subsequent year, petrol and oil key traders shall send specialized (independent) audit reports on their price valorization funds to the Ministry of Finance and Ministry of Industry and Trade. Data for the reporting period by August 15 shall be collected from January 1 through June 30. Data for the reporting period by February 15 of the subsequent year shall be collected from July 1 to December 31 of the current year. A specialized audit report on a price valorization fund must have the following contents: the price valorization fund’s balance at the beginning of the reporting period; total volume and categories of petrol and oil for which deductions are made and money amounts are used from the price valorization fund in the reporting period; total amount deducted for the price valorization fund in the reporting period; total amount used from the price valorization fund in the reporting period; interest amount (positive or negative) from the balance of the price valorization fund in the reporting period; the price valorization fund’s balance at the end of the reporting period; the bank account statement in the reporting period; report on inventory of volume and categories of petrol and oil for which deductions are made for and money amounts are used from the price valorization fund in each period of petrol and oil price regulation.

Before the 15th of every month, a petrol and oil key trader shall make and send a report on its implementation of the price valorization fund in the preceding month to the Ministry of Finance and Ministry of Industry and Trade, which must have the following contents: the price valorization fund’s balance at the beginning of the reporting period; total volume and categories of petrol and oil for which deductions are made for and money amounts are used from the price valorization fund in the reporting period; total amount deducted for the price valorization fund in the reporting period; total amount used from the price valorization fund in the reporting period; interest amount (positive or negative) from the balance of the price valorization fund in the reporting period; and the price valorization fund’s balance at the end of the reporting period; such report shall be enclosed with the statement of the account of the price valorization fund in the reporting period. Petrol and oil key traders shall take the whole responsibility for the accuracy of reported data and information.”

“4. Petrol and oil key traders shall organize the making of deductions for, use and management of their price valorization funds, and report and publicize information thereon in accordance with this Decree and the Ministry of Finance’s guidance. Violating traders shall, depending on the severity of their violations, be administratively sanctioned under the Government’s Decree No. 109/2013/ND-CP of September 24, 2013, on sanctioning of administrative violations in the management of prices, charges and fees, and invoices, and the Government’s Decree No. 49/2016/ND-CP of May 27, 2016, amending and supplementing a number of articles of Decree No. 109/2013/ND-CP, and revising or replacing documents (if any).

Petrol and oil key traders that have been administratively sanctioned for but repeat violations of regulations on making of deductions for, use and making of closing entries of, price valorization funds, or fail to make closing entries of price valorization funds in accordance with this Decree and guiding documents shall be subject to suspension from petrol and oil trading or revocation of certificates of eligibility to act as petrol and oil key traders at the request of an agency competent to issue sanctioning decisions. The duration of suspension from petrol and oil trading is 30 or 60 days, depending on the severity of violations.”

“6. The State Bank of Vietnam shall guide and direct banks where petrol and oil key traders open accounts for price valorization funds to comply with this Decree’s provisions on price valorization fund.”

11. To amend and supplement Point 3, Clause 27, Article 1 of Decree No. 95/2021/ND-CP as follows:

“3. Time for regulating petrol and oil prices

The time for regulating petrol and oil prices is Thursday every week.

In case the time for price regulation falls on a lunar New Year holiday, it shall be handled as follows: If Thursday falls on the last day of the lunar year (the 29th or 30th of lunar New Year holidays), the time for regulating petrol and oil prices is the preceding Wednesday. If Thursday is the 1st, 2nd or 3rd of lunar New Year holidays, the time for regulating petrol and oil prices is the 4th of lunar New Year holidays.

In case the time for price regulation falls on a public holiday under regulations, it shall be handled as follows: If Thursday falls on the first day of the holidays, the time for regulating petrol and oil prices is the preceding Wednesday. If Thursday falls on one of the other public holidays, the time for regulating petrol and oil prices is the first working day following such holidays.

In case petrol and oil prices see abnormal fluctuations, affecting socio-economic development and the people’s livelihood, the Ministry of Industry and Trade shall report such to the Prime Minister for him/her to consider and decide on the time for regulating petrol and oil prices as appropriate.”

12. To amend and supplement Clause 28, Article 1 of Decree No. 95/2021/ND-CP as follows:

“Article 38a. Base price formula

1. Petrol or oil base price equals (=) imported petrol or oil price multiplied by (x) rate (%) of volume of imported petrol or oil plus (+) domestically produced petrol or oil price multiplied by (x) rate (%) of volume of domestically produced petrol or oil, of which:

a/ Base price constituents, including related taxes for calculating petrol and oil base prices under this Decree, are only used for calculating petrol and oil base prices.

b/ Rate (%) of volume of domestically produced and imported petrol or oil for calculating the base price shall be determined every quarter; rate of volume in the preceding quarter shall be applied for calculating the base price for the times for regulating the base price for the subsequent quarter.

Every quarter, based on the Ministry of Finance-supplied data on volume of imported petrol and oil and petrol and oil key producers’ reports on volume of domestically sold petrol and oil (with data collected in the period from the 21st of the month preceding the first month of a quarter to the 20th of the last month of the quarter), the agency in charge of regulating petrol and oil prices shall calculate and determine the rate (%) of the volume of domestically produced and imported petrol and oil for calculating the base price.

c/ Imported petrol or oil price equals (=) global petrol or oil price plus (+) freight charge for transporting petrol or oil from abroad to a Vietnamese port plus (+) norm-based business expense plus (+) amount deducted for the price valorization fund plus (+) norm-based profit plus (+) related taxes (import duty, excise tax (if any), environmental protection tax (if any) and value-added tax) plus (+) charges and other deductions under current law.

Of which:

- The global petrol or oil price shall be determined by the Ministry of Industry and Trade on the principle of averaging the number of days of pricing in the interval of two times of announcing the base prices of petrol or oil products traded in the international market.

- Freight charge for transporting petrol or oil from abroad to a Vietnamese port (plus (+) or minus (-) premium which is a factor for adjusting prices in the petrol and oil import contract, insurance cost, freight charge, and other expenses (if any) shall be determined by the Ministry of Finance by the weighted average method based on the volume of imported petrol or oil and notify such to the Ministry of Industry and Trade for application in the base price formula. The Ministry of Finance shall review and adjust the freight charge for transporting petrol and oil from abroad to Vietnamese ports once every 3 months. In a month of implementation, in case reasonable and valid freight charges for transporting petrol or oil from abroad to Vietnamese ports fluctuate due to objective factors by more than 100%, affecting production and trading activities of enterprises, the Ministry of Finance shall, based on reports on actual charges of petrol and oil key traders, assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, reporting such to the Prime Minister for him/her to decide on adjustment of the time for review and announcement of charges as appropriate.

- Petrol or oil import duty shall be determined on the basis of the weighted average import duty rate multiplied by (x) (global petrol or oil price plus (+) freight charge for transporting petrol or oil from abroad to a Vietnamese port) multiplied by (x) foreign exchange rate. Of which, the weighted average import duty rate shall be determined on a quarterly basis based on the imported petrol or oil volume (with data collected in the period from the 21st of the month preceding the first month of a quarter to the 20th of the last month of the quarter) and the weighted average import duty rate (%) in the preceding quarter serving as a basis for calculating the base price for the subsequent quarter. Foreign exchange rates must comply with Clause 9, Article 1 of Decree No. 59/2018/ND-CP of April 20, 2018, and revising or replacing documents (if any).

The weighted average import duty rate (%) shall be determined by the Ministry of Finance and notified to the Ministry of Industry and Trade for application for calculating import duty in the formula for calculating imported petrol and oil prices.

- Excise tax (if any) equals excise tax calculation price multiplied by (x) excise tax rate, of which the excise tax calculation price shall be determined on the basis of base price constituents guided by the Ministry of Finance for the Ministry of Industry and Trade to calculate and apply it in the base price formula. Excise tax rates must comply with the current law on excise tax.

Environmental protection tax (if any), value-added tax, charges and other deductions must comply with current law.

- Norm-based business expense and norm-based profit shall be determined by the Ministry of Finance and notified every year for the Ministry of Industry and Trade to apply it in the formula for petrol and oil base price calculation.

- Amounts deducted for price valorization funds must comply with notices of the Ministry of Industry and Trade at the time of base price announcement.

d/ Domestically produced petrol and oil prices

The domestically produced petrol or oil price is inclusive of and equals (=) global petrol or oil price plus (+) or minus (-) premium (if any) plus (+) freight charge for transporting petrol or oil from domestic oil refineries to ports (if any) plus (+) norm-based business expense plus (+) law-specified amount deducted for the price valorization fund plus (+) norm-based profit plus (+) related taxes and charges and other deductions under current regulations.

Of which:

- Premium (if any) for calculating domestically produced petrol or oil price is a factor for adjusting prices in petrol or oil trading contracts between petrol and oil key traders and petrol and oil key producers or enterprises franchised to sell all petrol and oil products of oil refineries, and shall be determined by the volume-based weighted average method. Premium for calculating domestically produced petrol or oil price must not exceed the global average price multiplied by (x) the lowest special import duty rate for petrol or oil commodity according to international commitments (in case the lowest special import duty rate for petrol or oil is higher than 0%).

Premium (if any) and freight charge for transporting petrol and oil from domestic oil refineries to ports shall be determined by the Ministry of Finance by the weighted average method based on the volume of petrol and oil transported from domestic refineries to the ports for application in the base price formula.

The Ministry of Finance shall review and adjust the premium (if any) and freight charge for transporting petrol and oil from domestic oil refineries to ports once every 3 months. In a month of implementation, in case reasonable and valid charges fluctuate due to objective factors by more than 100%, affecting production and trading activities of enterprises, the Ministry of Finance shall, based on reports on premium and petrol and oil key traders’ actual freight charge for transporting petrol and oil from domestic oil refineries to ports, assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, reporting such to the Prime Minister for him/her to decide on adjustment of the time for review and announcement of charges as appropriate.

Related taxes and charges and other deductions must comply with current law.

- Price constituents include global petrol and oil price, excise tax (if any), norm-based business expense, norm-based profit, and amount deducted for the price valorization fund must comply with Point c, Clause 1 of this Article.

2. Biogasoline base price equals (=) volume-based percentage (%) of unleaded petrol multiplied by (x) {(global petrol price plus (+) freight charge for transporting petrol from abroad to Vietnamese ports plus (+) import duty) multiplied by (x) volume-based rate of imported petrol plus (+) global petrol price plus (+) premium plus (+) freight charge for transporting petrol from domestic oil refineries to ports (if any)) multiplied by (x) volume-based rate of domestically produced petrol} plus (+) volume-based percentage of ethanol (%) multiplied by (x) ethanol price plus (+) norm-based business expense plus (+) law-prescribed amount deducted for the price valorization fund plus (+) norm-based profit plus (+) related taxes and charges and other deductions under current law, of which:

- Volume-based percentage of unleaded petrol and volume-based percentage of ethanol used for biogasoline base price calculation under this Decree are the allowable highest percentage of mixture specified by competent agencies in conformity with each type of biogasoline; the actual percentage of mixture must be within the limit set by competent agencies.

- Ethanol price used in the formula for biogasoline base price calculation shall be determined by the Ministry of Finance and notified to the Ministry of Industry and Trade for application in the base price formula.

- Price constituents include global petrol price, freight charge for transporting petrol from abroad to Vietnamese ports, premium for calculating domestically produced petrol price, freight charge for transporting petrol from domestic oil refineries to ports (if any), petrol import duty, excise tax, norm-based business expense, law-specified amount deducted for the price valorization fund, and norm-based profit must comply with Point c, Clause 1 of this Article.

3. Review and adjustment of base price constituents

a/ On the 21st of the last month of every quarter, petrol and oil key producers shall summarize and report to the Ministry of Industry and Trade and Ministry of Finance on the volume of sold petrol and oil of each type for the period from the 21st of the month preceding the first month of the quarter to the 20th of the last month of the quarter.

b/ On the 21st of every month, petrol and oil key traders shall send reports on prices of domestically purchased ethanol, prices of imported ethanol, and volume of domestically purchased and imported ethanol to the Ministry of Finance and Ministry of Industry and Trade.

c/ Before March 21, June 21, September 21 and December 21 every year, petrol and oil key traders shall send reports on freight charges for transporting petrol and oil to Vietnamese ports, premium for domestic petrol and oil sources, and freight charges for transporting petrol and oil from domestic oil refineries to ports (if any) to the Ministry of Finance. Data for a reporting period shall be collected in 3 (three) months, counted from the 1st of the first month to the last day of the third month preceding the reporting period, and notified on the 10th of the month following the reporting period for the Ministry of Industry and Trade’s application in the base price formula and regulation of petrol and oil prices for the next period of regulation.

Petrol and oil key traders shall report in an honest and timely manner, and take total responsibility before law for the accuracy, reasonableness and validity of the information and data reported to the Ministry of Finance.

d/ Before March 31 every year, petrol and oil key traders shall carry out specialized audit of expenses for petrol and oil trading and send reports thereon to the Ministry of Finance and Ministry of Industry and Trade for publicization on July 1 every year, and for application in the base price formula and regulation of petrol and oil prices for the next period of regulation.

dd/ In case a reporting day falls on a weekend or holiday, reports shall be sent on the working day following such weekend or holiday. Petrol and oil key traders shall take total responsibility for the accuracy of reported data.

e/ Based on reports of petrol and oil key traders, the Ministry of Finance shall summarize, review, and when necessary, request additional reporting or field survey for getting more information in order to consider and decide on freight charges for transporting petrol and oil from abroad to Vietnamese ports, premium for domestic petrol and oil sources, freight charges for transporting petrol and oil from domestic oil refineries to ports (if any), and norm-based business expenses, and notify them to the Ministry of Industry and Trade for application in the base price formula.

4. The Ministry of Finance shall guide methods of determining base price constituents.”

13. To amend and supplement Point a, Clause 1, Article 40 of Decree No. 83/2014/ND-CP as follows:

“a/ Inspect and supervise petrol and oil key traders and petrol and oil distributors in complying with Articles 7, 9, 10, 11, 13, 15 and 31 of Decree No. 83/2014/ND-CP; assign provincial-level Departments of Industry and Trade to inspect and supervise petrol and oil key traders and petrol and oil distributors in complying with provisions on use of petrol and oil depots of Articles 9, 15 and 31 of Decree No. 83/2014/ND-CP.”

14. To amend and supplement Point dd, Clause 2, Article 40 of Decree No. 83/2014/ND-CP as follows:

“dd/ Promulgate documents guiding e-invoices under Clause 9, Article 1 of this Decree in accordance with the Law on Tax Administration and guiding documents.”

Article 2. Effect

1. This Decree takes effect on the date of its signing.

2. Transitional provisions

a/ Traders that have obtained certificates of eligibility to act as petrol and oil general agents may continue to operate in accordance with Decree No. 95/2021/ND-CP’s and Decree No. 83/2014/ND-CP’s provisions on petrol and oil general agents until the expiry dates of such certificates.

b/ Except the case specified at Point a, Clause 2, Article 2 of this Decree, Decree No. 95/2021/ND-CP’s and Decree No. 83/2014/ND-CP’s provisions on petrol and oil general agents cease to be effective on the effective date of this Decree.

Article 3. Implementation responsibility and organization of implementation

1. The Ministry of Industry and Trade, Ministry of Finance and related ministries and sectors shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI


[1] Công Báo Nos 1215-1216 (27/11/2023)

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