DECISION

REF: ON STIPULATING TRADING REGULATIONS ON 
TEMPORARY IMPORTED PETROLEUM PRODUCTS FOR RE-EXPORT

THE MINISTER OF TRADE:

Referring to the Governmental Decree 95/CP dated December 4^th,1993 on determination of functions, tasks, powers and organizing structure of the Ministry of Trade;

Based on the Governmental Decree No. 57/1998/ND-CP dated July 31^st, 1998 on providing details on implementation of the Commercial Law regarding export, import, process, agency with foreign partners;

Referring to the Regulations on management of trade in petroleum products in accordance with the Prime Ministers Decision No. 187/2003/QĐ-TTg

HEREBY DECIDES:

Article 1:

Enacted to this Decision are trading Regulations on temporary import of petroleum products for

Article 2:

This Decision takes effect as from January 1^st, 2004 and replaces Decision of the Minister of Trade No. 0123/1999/QĐ-BTM dated February 4^th, 1999 amending trade rules on temporary import of petroleum products for re-export, attached with the Decision No. 1311/1998/QD-BTM dated October 31^st, 1998.

Article 3:

Enterprises engaged in temporary import for re-export and the heads of concerning bodies shall take full responsibilities for implementation of this Decision.

TRADING REGULATIONS

ON TEMPORARY IMPORT OF PETROLEUM PRODUCTS FOR RE-(Attached to Decision of Minister of Trade No.1752/2003/QD-BTM dated December 15^th, 2003)

Chapter I

GENERAL PROVISIONS

Article 1: Petroleum products referred to in these Regulations are: petrol, diesel, fuel oil, kerosene and fuels for aviation (ZA1, TC1).

Article 2: Temporary import of petroleum products for re-export referred to in these Regulations shall be understood as purchase of petroleum products by Vietnamese enterprises from one country for selling to the other, proceeding import formalities to import to Vietnam and later export formalities to export from Vietnam.

Article 3: Temporary import of petroleum products for re-export shall be expressed in two separate contracts: a contract of sale of petroleum products concluded between Vietnamese enterprises and foreign enterprises from exporting country. Contract of purchase can be concluded either after or before contract of sale.

Article 4: Petroleum products bought from foreign partners to sell to the following enterprises shall be regarded as temporary import for re-export and implemented in accordance with these Regulations:

1. Enterprises operated in Export processing zones, manufacturing enterprises operated in Industrial parks, Hi-Tech Zones.

2. Aircrafts of Vietnamese airlines operating international flights and aircrafts of foreign airlines landing in Vietnam.

3. Foreign vessels landed at Vietnamese ports, Vietnamese vessels operating international routes. 

Article 5: Import duties shall be imposed on petroleum products temporarily imported for re-export, however they are refundable upon actual export from the country in accordance with current laws. Duties charged for temporarily imported petroleum products for re-export shall be refunded in accordance with guidelines of the Ministry of Finance.

Chapter II

CONDITIONS, FORMALITIES APPLIED TO TRADING IN PETROLEUM PRODUCTS TEMPORARILY IMPORTED FOR RE-EXPORT

Article 6: Only those enterprises having Licenses for import-export of petroleum products granted by the Ministry of Trade shall have rights to engage in petroleum products temporarily imported for re-export.  

Only those enterprises having registered for fuel supply to airlines and shipping companies in their business Licenses may engage in activities provided in para. Enterprises engaged in trading of petroleum products may release them to foreign vessels landed at Vietnamese ports and Vietnamese vessels operating international routes via their shipping agencies.

Article 7: Petroleum products for re-export shall be paid in convertible currency in accordance with regulations provided by the State Bank of Vietnam.  

Article 8: Custom offices are directly in charge for proceeding with formalities applied to temporary import and re-export without permission in writing from the Ministry of Trade.

Petroleum products temporarily imported for re-export proceeding with custom formalities at international territory of Vietnam is performed.

Article 9: Petroleum products temporarily imported for re-export can be warehoused in Vietnam no more than 90 days from the date of completion of import formalities.

In case extension is required, enterprises shall submit in writing a request for extension to custom departments of provinces or cities where goods are under proceeding. One extension shall not exceed 30 days and there shall not be more than 3 extensions per one lot of petroleum products temporarily imported for re-

Article 10:   Enterprises are allowed to temporarily import petroleum products in big lot and re-export in the whole or in smaller lots divided in domestic warehouses at exactly the same total quantity and sort.

 Article 11:   Petroleum products temporarily imported but not re-exported or not re-exported in whole, may be retailed for domestic use upon completion of all tax and other financial obligations.

Article 12: Dossier for custom proceeding:

a. To be submitted to custom offices:

- Business License for import of petroleum products (copy certified by the enterprise).

- Business Registration form (copy certified by the enterprise) in case of sale of petroleum products to aircrafts and vessels.

b. Documents, necessary for proceeding formalities applied to temporary import and re-export, shall include the following:

It is allowed to submit orders of aircrafts captains, vessels captains or vessels legal representatives in replacement if selling petroleum products to those prescribed in par. 2 and 3, Art.

3. Appropriate Delivery Notes in accordance with regulations of custom agencies.

4. Additional documents:

a. In case of selling petroleum products to Vietnamese aircrafts operating international flights but also having domestic flights, a report on fuel consumption for domestic flights, norms which are certified by the Vietnam Airlines, shall be submitted.

b. In case of selling to enterprises operated in Export processing zones, manufacturing enterprises operated in Industrial parks and Hi-Tech Zones, a dispatch, in which schedule of import of petroleum products for production and business purposes, approved by authorized bodies, shall be submitted.

c. In case of selling petroleum products via shipping companies, which are agencies to the enterprise-importer, to foreign vessels landed at any Vietnamese port and Vietnamese vessels operating in international routes, a contract of agency between the agency and petroleum products importer shall be submitted.

Chapter III

IMPLEMENTING PROVISIONS

Article 13: Enterprises engaged in import of petroleum products for re-export shall submit annual and half-year report on temporary import of petroleum products to the Ministry of Trade and the Ministry of Finance.  

Article 14: Those enterprises engaged in import of petroleum products for re-export, violating provisions of these Regulations, shall be imposed penalties for administrative violations in field of Commerce in accordance with current laws.