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

  • Summary
  • Content
  • Status
  • Vietnamese
  • Download
Save

Please log in to use this function

Send link to email

Please log in to use this function

Error message
Font size:

ATTRIBUTE

Decree No. 80/2023/ND-CP dated November 17, 2023 of the Government amending and supplementing a number of articles of Decree No. 95/2021/ND-CP dated November 01, 2021 and Decree No. 83/2014/ND-CP dated September 03, 2014, of the Government, on petrol and oil trading
Issuing body: GovernmentEffective date:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Official number:80/2023/ND-CPSigner:Le Minh Khai
Type:DecreeExpiry date:Updating
Issuing date:17/11/2023Effect status:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Fields:Commerce - Advertising , Industry
For more details, click here.
Download files here.
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known

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 Decree No. 95/2021/ND-CP dated November 01, 2021, and Decree No. 83/2014/ND-CP dated September 03, 2014, of the Government, on petrol and oil trading

_________________

 

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

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Law on Prices dated June 20, 2012;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree amending and supplementing a number of articles of Decree No. 95/2021/ND-CP dated November 01, 2021, and Decree No. 83/2014/ND-CP dated September 03, 2014, of the Government, on petrol and oil trading.

 

Article 1. Amending and supplementing a number of articles of Decree No. 95/2021/ND-CP dated November 01, 2021, and Decree No. 83/2014/ND-CP dated September 03, 2014, of the Government, on petrol and oil trading

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 a certificate of eligibility for acting as petrol and oil key trader is about to expire, the trader shall make a dossier of application for a new license as specified at Point a Clause 7 Article 1 of Decree No. 95/2021/ND-CP, additionally provide documents proving the fulfillment of obligations in terms of setting aside, using and carrying forward the Petrol and Oil Price Valorization Fund, and send them 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 for acting as petrol and oil key traders. Such a certificate will be revoked in the following cases:

a) The trader does not act as a petrol and oil key trader and sends a written request to the Ministry of Industry and Trade for revocation of the issued certificate of eligibility for acting as petrol and oil key trader.

b) The trader suspends the entire petrol and oil trading activities for ninety (90) days or longer.

c) The trader fails to meet the requirement on total minimum petrol and oil sources assigned by the Ministry of Industry and Trade for two (02) consecutive years.

d) The trader dissolves or goes bankrupt in accordance with law.

dd) The trader commits violations against regulations on conditions for petrol and oil key traders and fails to remedy such violations within ninety (90) days from the date on which the decision on sanctioning administrative violations is issued.

e) The trader commits violations against regulations on compulsory petrol and oil minimum reserves and fails to remedy such violations within ninety (90) days from the date on which the decision on sanctioning administrative violations is issued.

g) The trader is being sanctioned for violations and repeatedly violates the regulations on ensuring the quality of petrol and oil circulated on the market in this Decree and the provisions of law on quality.”

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

“22. A petrol and oil key trader shall be responsible for making quarterly reports on the use of petrol and oil warehouses according to the Ministry of Industry and Trade's regulations.

23. In case where the trader is divided, consolidated, merged, transformed or does not continue to be a petrol and oil key trader, unless the above change does not affect the business conditions, the trader must notify the Ministry of Industry and Trade to revoke the certificate of eligibility for acting as petrol and oil key trader.”

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

“4. Having a laboratory capable of inspecting and testing as prescribed under its ownership or on a lease with an organization with testing laboratories.”

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 does not act as a petrol and oil distributor and sends a written request to the Ministry of Industry and Trade for revocation of the issued certificate of eligibility to act as a petrol and oil distributor.

b) The trader suspends the entire petrol and oil trading activities for ninety (90) days or longer.

c) The trader dissolves or goes bankrupt in accordance with law.

d) The trader commits violations against regulations on conditions for petrol and oil distributors and fails to remedy such violations within ninety (90) days from the date on which the decision on sanctioning administrative violations is issued.

dd) The trader commits violations against regulations on compulsory petrol and oil minimum reserves and fails to remedy such violations within ninety (90) days from the date on which the decision on sanctioning administrative violations is issued.

e) The trader is being sanctioned for violations and repeatedly violates the regulations on ensuring the quantity and quality of petrol and oil circulated on the market, increase and decrease of petrol and oil sale prices and the provisions of law on quality.”

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

“17. A petrol and oil distributor shall be responsible for making quarterly reports on the use of petrol and oil warehouses according to the Ministry of Industry and Trade's regulations.

18. In case where the enterprise is divided, consolidated, merged, transformed or does not continue to be a petrol and oil distributor, unless the above change does not affect the business conditions, the trader must notify the Ministry of Industry and Trade to revoke the certificate of eligibility to act as a petrol and oil distributor.”

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

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

a) The trader does not act as a petrol and oil retail agent and sends a written request to the provincial-level Industry and Trade Department for revocation of the issued certificate of eligibility for acting as petrol and oil retail agent.

b) The trader suspends the entire petrol and oil trading activities for thirty (30) days or longer.

c) The trader dissolves or goes bankrupt in accordance with law.

d) The trader commits violations against regulations on conditions for petrol and oil retail agents and fails to remedy such violations within ninety (90) days from the date on which the decision on sanctioning administrative violations is issued.

dd) The trader is being sanctioned for violations and repeatedly violates the regulations on ensuring the quantity and quality of petrol and oil circulated on the market and the provisions of law on quality.”

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

“2. To sign a contract to act as a retail agent for not more than three (03) distributors or key traders.

3. Not to additionally sign contracts to act as a petrol and oil retail agent for another distributor or key trader if having signed a contract to act as a retail agent for three (03) distributors or key traders. The petrol and oil retail agent must lie within the distribution system of a petrol and oil distributor or key trader and be subject to control by the latter.

11. In case where the enterprise is divided, consolidated, merged, transformed or does not continue to be a petrol and oil retail agent, unless the above change does not affect the business conditions, the trader must notify the provincial-level Industry and Trade Department to revoke the certificate of eligibility for acting as petrol and oil retail agent.”

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

“6. Provincial-level Industry and Trade Departments 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 does not act as a petrol and oil retail station and sends a written request to the provincial-level Industry and Trade Department for revocation of the issued certificate of eligibility for acting as petrol and oil retail station.

b) The trader dissolves or goes bankrupt in accordance with law.

c) The trader commits violations against regulations on conditions for petrol and oil retail stations and fails to remedy such violations within ninety (90) days from the date on which the decision on sanctioning administrative violations is issued.

d) The trader is being sanctioned for violations and repeatedly violates the regulations on ensuring the quantity and quality of petrol and oil circulated on the market and the provisions of law on quality.”

9. To amend and supplement Clause 9 and Clause 10 Article 26 of Decree No. 83/2014/ND-CP as follows:

“9. In case where the trader is divided, consolidated, merged, transformed or does not continue to conducting petrol and oil business, unless the above change does not affect the business conditions, the trader must notify the provincial-level Industry and Trade Department to revoke the certificate of eligibility for acting as petrol and oil retail station.

10. To follow with the regulations on e-invoices and provision of 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 Point 1, Point 4 and Point 6 Clause 26 Article 1 of Decree No. 95/2021/ND-CP as follows:

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

Petrol and oil key traders shall set aside the Price Valorization Fund; account and separately monitor Fund via their accounts opened at commercial banks or foreign bank branches lawfully operating in Vietnam (below collectively referred to as banks) according to this Decree and the guidance of the Ministry of Finance. Petrol and oil key traders shall take full responsibility before law for the selection of banks, and management and safety assurance of the balance of the Price Valorization Fund.

The banks shall freeze the enterprises’ Price Valorization Fund accounts. Such accounts shall only be used for the purpose of setting up and spending the enterprises’ Price Valorization Funds according to the petrol and oil price management notice of the Ministry of Industry and Trade.

Every 6 months, before August 15 and February 15 every year, petrol and oil key traders shall send specialized (independent) audit reports on the Petrol and Oil Price Valorization Fund to the Ministry of Finance and the Ministry of Industry and Trade. Data for the August 15 reporting period shall be collected and compiled from January 1 to the end of June 30. The period for collecting data for the February 15 reporting period is compiled from July 1 to the end of December 31 of the preceding year. A specialized audit report on the Petrol and Oil Price Valorization Fund must specify the following information: Petrol and Oil Price Valorization Fund balance at the beginning of the reporting period; Total volume and types of petrol and oil allocated and used during the reporting period; Total amount set aside for the Petrol and Oil Price Valorization Fund in the reporting period; Total amount spent using the Petrol and Oil Price Valorization Fund in the reporting period; Interest arising on the positive or negative balance of the Petrol and Oil Price Valorization Fund during the reporting period; Balance of the Petrol and Oil Price Valorization Fund at the end of the reporting period, details of bank account statements during the reporting period; Report on inventory of volume and types of petrol and oil used for setting up and spending the Petrol and Oil Price Valorization Fund for each operating period.

Before the 15th of every month, petrol and oil key traders shall be responsible for preparing and sending reports to the Ministry of Finance and the Ministry of Industry and Trade on the implementation of the Petrol and Oil Price Valorization Fund of the preceding month, including Petrol and Oil Price Valorization Fund balance at the beginning of the reporting period; Total volume and types of petrol and oil allocated and used during the reporting period; Total amount set aside for the Petrol and Oil Price Valorization Fund in the reporting period; Total amount spent using the Petrol and Oil Price Valorization Fund in the reporting period; Interest arising on the positive or negative balance of the Petrol and Oil Price Valorization Fund during the reporting period; Balance of the Petrol and Oil Price Valorization Fund at the end of the reporting period; at the same time, send the statement of the Petrol and Oil Price Valorization Fund account in the reporting period. Petrol and oil key traders shall take full responsibility for the accuracy of reported data and information.”

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

Petrol and oil key traders that have been sanctioned for administrative violations and commit repeated violations against regulations on setting aside, using and carrying forward the Petrol and Oil Price Valorization Fund, or fail to carry out the Petrol and Oil Price Valorization Fund in accordance with this Decree and guiding documents shall be subject to suspension from business operations or revocation of certificates of eligibility for acting as petrol and oil key traders on the basis of the proposal of the agency competent to issue sanctioning decisions. The duration for suspension from petrol and oil trading is 30 or 60 days, depending on the severity of violations.”

“6. The State Bank of Vietnam shall be responsible for guiding and directing banks where petrol and oil key traders open their Petrol and Oil Price Valorization Fund accounts to comply with regulations relating to the Price Valorization Fund specified in this Decree.”

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

Petrol and oil prices shall be regulated on Thursday every week.

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

In case the time for regulating petrol and oil prices falls on a holiday under regulations, it shall be carried out as follows: If Thursday falls on the first day of the holiday, the petrol and oil prices shall be regulated on the immediately preceding Wednesday. If Thursday falls on the day other than the first day of the holiday, the time for regulating petrol and oil prices shall be forwarded to the first working day following such holiday.

In case petrol and oil prices see abnormal fluctuations, affecting the socio-economic development and people’s livelihood, the Ministry of Industry and Trade shall report the time for regulating petrol and oil prices to the Prime Minister for consideration and decision 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; percentage of volume of the preceding quarter shall be applied for calculating the base price for the times for regulating the base price of 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 (from the 21st of the month preceding the first month of the 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 percentage (%) of the volume of domestically produced and imported petrol and oil for calculating their base prices.

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 set aside 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.

In 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 the petrol or oil product traded in the international market.

- Freight charge for transporting petrol or oil from abroad to Vietnamese ports (plus (+) or minus (-) premium which is an element for adjusting prices in petrol and oil import contracts, insurance cost, freight charge, and other expenses (if any)) shall be determined by the Ministry of Finance by the weighted average pricing method based on the volume of imported petrol or oil and notify them 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 case during the month of implementation, due to objective factors, and actual charges reasonable and valid to bring petrol and oil from abroad to Vietnamese ports fluctuate with a amplitude of over 100%, affecting production and business activities of enterprises; based on reports of actual charges incurred at petrol and oil key traders, the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade to report to the Prime Minister to decide on adjusting the time for review and announcement of charges accordingly.

- Petrol or oil import duty shall be determined on the basis of weighted average import duty rate multiplied by (x) (global petrol or oil price plus (+) freight charge for transporting petrol or oil from abroad to Vietnamese ports) 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 (in 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) and weighted average import duty rate (%) of the preceding quarter serving as a basis for calculating the base price of the subsequent quarter. Foreign exchange rates must comply with Clause 9 Article 1 of Decree No. 59/2018/ND-CP dated 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 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 use 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 set aside for the Price Valorization Fund 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

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 (+) amount set aside for the Price Valorization Fund plus (+) norm-based profit plus (+) related taxes and charges and other deductions under current regulations.

Of which:

- Premium for calculating domestically produced petrol or oil price (if any) is an element 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 pricing 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 according to international commitments (in case the lowest special import duty rate for petrol or oil is higher than 0%).

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

The Ministry of Finance shall review and adjust Premium and freight charge for transporting petrol and oil from domestic oil refineries to ports (if any) once every 3 months. In case during the month of implementation, due to objective factors, the actual, reasonable and valid charges fluctuate with a amplitude of over 100%, affecting production and business activities of enterprises; based on Premium freight charge for transporting petrol and oil from domestic oil refineries to ports incurred at petrol and oil key traders, the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade to report to the Prime Minister to decide on adjusting the time for review and announcement of charges accordingly.

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 set aside for the Price Valorization Fund must comply with Point c Clause 1 of this Article.

2. Bio-petrol base price equals (=) volume-based percentage (%) of non-lead petrol multiplied by (x) {(global petrol price plus (+) freight charge for transporting petrol from abroad to Vietnamese ports plus (+) import duty-related expense) multiplied by (x) volume-based proportion 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 proportion of domestically produced petrol} plus (+) volume-based percentage of ethanol fuel (%) multiplied by (x) ethanol fuel price plus (+) norm-based business expense plus (+) amount set aside 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 non-lead petrol and volume-based percentage of ethanol fuel used for bio-petrol base price calculation under this Decree are the allowable highest percentages of mixture specified by competent agencies in conformity with each type of bio-petrol; the actual percentage of mixture must be within the limit set by competent agencies.

- Ethanol fuel price used in the formula for bio-petrol 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, amount set aside 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 each type of sold petrol and oil 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 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. Duration for collecting data for the reporting period is three (03) months, and such data shall be synthesized from the first day of the first month to the last day of the third (03) month adjacent to the reporting period and shall be notified on the 10th of the month following the reporting report for the Ministry of Industry and Trade to apply in the base price formula, adjust the petrol and oil price for the nearest operating period.

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

d) Before March 31 every year, petrol and oil key traders shall be responsible for conducting a separate specialized audit of petrol and oil trading costs and send reports to the Ministry of Finance and the Ministry of Industry and Trade for publication on July 01 every year and application in the base price formula, adjustment of petrol and oil price for the nearest operating period.

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. Key traders shall take full responsibility for the accuracy of reported data.

e) Based on reports of key traders, the Ministry of Finance shall summarize, review, evaluate, and request additional reports or carry out field surveys (if necessary) for further 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 distributors in complying with the conditions prescribed in and provisions of Articles 7, 9, 10, 11, 13, 15 and 31 of Decree No. 83/2014/ND-CP; assign the provincial-level Department of Industry and Trade to inspect and supervise petrol and oil key traders and distributors in complying with regulations on use of petrol and oil warehouses specified in 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 the provisions of 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 already been granted the certificates of eligibility to act as petrol and oil general agents are allowed to continue their operations under regulations on petrol and oil general agents specified in Decree No. 95/2021/ND-CP and Decree No. 83/2014/ND-CP until the expiry dates of such certificates.

b) Regulations on petrol and oil general agents specified in Decree No. 95/2021/ND-CP and Decree No. 83/2014/ND-CP cease to be effective from the effective date of this Decree, except for the provisions of Point a Clause 2 Article 2 of this Decree.

Article 3. Implementation responsibility and implementation organization

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 People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree./.

 

ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
THE DEPUTY PRIME MINISTER


Le Minh Khai

Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Processing, please wait...
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

ENGLISH DOCUMENTS

LuatVietnam's translation
Decree 80/2023/NĐ-CP DOC (Word)

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

Decree 80/2023/NĐ-CP PDF

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers
For further support, please call 19006192

SAME CATEGORY

loading