Decision No. 01/2008/QD-BCT dated January 3, 2008 of the Ministry of Industry and Trade promulgating the regulation on petrol and oil export and the regulation on temporary import of petrol and oil for re-export

DECISION

PROMULGATING THE REGULATION ON PETROL AND OIL EXPORT AND THE REGULATION ON TEMPORARY IMPORT OF PETROL AND OIL FOR RE-EXPORT

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Governments Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale and purchase agency, processing and transit with foreign parties;

Pursuant to the Governments Decree No. 55/2007/ND-CP of April 6, 2007, on petrol and oil trading;

At the proposal of the director of the Import and Export Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on petrol and oil export and the Regulation on temporary import of petrol and oil for re-export.

Article 2.- To annul the Trade Ministers Decision No. 1752/2003/QD-BTM of December 15, 2003, promulgating the Regulation on temporary import of petrol and oil for re-export.

Article 3.- This Decision takes effect 15 days after its publication in CONG BAO.

Article 4.- The director of the Import and Export Department, heads of agencies and units under the Ministry of Industry and Trade and concerned organizations and individuals shall implement this Decision.

REGULATION

ON PETROL AND OIL EXPORT

(Promulgated together with the Industry and Trade Ministers Decision No. 01/2008/QD-BCT of January 3, 2008)

Chapter I

GENERAL PROVISIONS

Article 1.- Petrol and oil specified in this Regulation include: engine petrol, diesel oil, kerosene, fuel oil, jet fuels and other products used as engine fuels, excluding liquefied gases.

Article 2.- Petrol and oil are exported under the Industry and Trade Ministrys licenses.

Chapter II

CONDITIONS AND PROCEDURES FOR PETROL AND OIL EXPORT

Article 3.- Only traders that have petrol and oil import and export licenses are allowed to export petrol and oil.

The Ministry of Industry and Trade shall grant licenses to traders for exporting petrol and oil according to current regulations on the basis of goods supply sources and domestic and international market prices and product consumption plans registered by petrol and oil- producing and -processing traders so as to ensure that the export of petrol and oil does not affect the supply-demand balance of the domestic market.

Article 4.- Exported petrol and oil must be paid for in freely convertible foreign currencies via banks in accordance with current regulations on foreign exchange management.

Article 5.- Petrol and oil-exporting traders shall take responsibility for sale prices, ensuring full coverage of import expenses or production and processing expenses, and fulfill tax obligations in accordance with current regulations. The State does not provide price subsidies.

Article 6.- Traders stated in Article 3 that wish to export petrol and oil shall send applications for licenses (made according to a set form) to the Ministry of Industry and Trade. Within seven working days, the Ministry of Industry and Trade shall grant export licenses to traders or notify in writing the reason for refusal to grant licenses.

Chapter III

IMPLEMENTATION PROVISIONS

Article 7.- Quarterly, petrol and oil-exporting traders shall send reports on petrol and oil export to the Ministry of Industry and Trade and the Ministry of Finance.

Article 8.- Petrol and oil-exporting traders that violate the provisions of this Regulation shall, depending on the severity of their violations, be handled according to regulations on sanctioning of administrative violations in the trade domain and current legal provisions.

REGULATION

ON TEMPORARY IMPORT OF PETROL AND OIL FOR RE-EXPORT

(Promulgated together with the Industry and Trade Ministers Decision No. 01/2008/QD-BCT of January 3, 2008)

Chapter I

GENERAL PROVISIONS

Article 1.- Petrol and oil specified in this Regulation include engine petrol, diesel oil, kerosene, fuel oil, jet fuel and other products used as engine fuel, excluding liquefied gases.

Article 2.- Temporary import of petrol and oil for re-export means that Vietnamese traders carry out procedures to import petrol and oil into Vietnam and then carry out procedures to export such petrol and oil or sell them to traders in exclusive customs areas in Vietnam such as export-processing zones, bonded warehousing areas, commercial-industrial parks and other economic zones established under the Prime Ministers decisions which stipulate that goods sale, purchase and exchange relations between these zones and inland Vietnam are considered import and export relations, unless otherwise provided for by the Prime Minister.

Article 3.- Vietnamese traders that import petrol and oil into Vietnam for sale to the following craft shall also carry out procedures under this Regulations provisions on temporary import for re-export.

1. Aircraft of foreign airlines departing from Vietnamese airports and aircraft of Vietnamese airlines operating along international routes.

2. Foreign sea-going vessels anchoring at Vietnamese ports and Vietnamese sea-going vessels operating along international routes.

Chapter II

CONDITIONS AND PROCEDURES FOR TEMPORARY IMPORT OF PETROL AND OIL FOR RE-EXPORT

Article 4.- Traders that have petrol and oil import and export licenses may temporarily import petrol and oil for re-export.

In addition, traders that sell petrol and oil to craft defined in Clause 1, Article 3, of this Regulation shall register the business line of supplying petrol and oil for air transport; traders that sell petrol and oil to craft defined in Clause 2, Article 3, of this Regulation shall register the business line of ship chandling services or re-export petrol and oil through their agents which are ship chandling companies.

Article 5.- The procedures for temporary import of petrol and oil for re-export shall be carried out at border-gate customs offices and petrol and oil will be temporarily imported for re-export in accordance with current regulations.

Article 6.- Traders may temporarily import petrol and oil in a big lot and re-export the whole lot or smaller lots from their warehouses located in inland Vietnam strictly according to with the quantity and category of temporarily imported petrol and oil.

Article 7.- Petrol and oil temporarily imported for re-export must be paid for in freely convertible foreign currencies via banks in conformity with current regulations on foreign exchange management. In case traders sell petrol and oil to traders in exclusive customs areas in the Vietnamese territory specified in Article 2 of this Regulation and Vietnamese airlines having aircraft operating along international routes or Vietnamese traders having sea-going vessels operating along international routes specified in Article 3 of this Regulation, payment shall be made in Vietnam dong.

Article 8.- Traders that temporarily import petrol and oil for re-export may sell in the domestic market the volume of petrol and oil which has been imported but cannot be re-exported or completely re-exported after fulfilling all tax and financial obligations, including fines for late tax payment (if any) as prescribed, and shall abide by current technical regulations on the quality of petrol and oil imported and circulated in the domestic market.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9.- Traders that temporarily import petrol and oil for re-export shall make biannual and annual reports on the temporary import of petrol and oil for re-export to the Ministry of Industry and Trade and the Ministry of Finance.

Article 10.- Traders that temporarily import petrol and oil for re-export in violation of the provisions of this Regulation shall, depending on the severity of their violations, be handled according to regulations on sanctioning of administrative violations in the trade domain and current legal provisions.