VietnameseDecree No. 84/2009/ND-CP dated October 15, 2009 of the Government on petrol and oil trading
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Decree No. 84/2009/ND-CP dated October 15, 2009 of the Government on petrol and oil trading
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 84/2009/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 15/10/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Commerce - Advertising |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 84/2009/ND-CP | Hanoi, October 15, 2009 |
DECREE
ON PETROL AND OIL TRADING
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
At the proposal of the Minister of Industry and Trade,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Decree prescribes petrol and oil trading and conditions for petrol and oil trading in the domestic market.
Article 2.
Subjects of application
1. This Decree applies to Vietnamese traders under the Commercial Law.
2. This Decree does not apply to traders that import, produce and process petrol and oil for their own special use without selling them on the market under the Ministry of Industry and Trade’s regulations.
Article 3.
Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Petrol and oil is a general term used to refer to products of the crude oil refining process which are used as fuel, including engine petrol, diesel oil, kerosene, fuel oil and jet fuel: and other products used as engine fuel excluding liquefied gases of all kinds.
2. Petrol and oil trading covers the export (of domestically produced petrol and oil and raw materials and petrol and oil and raw materials originated from imports), import, temporary import for re-export, border-gate transfer and export processing of petrol and oil and raw materials; production and processing of petrol and oil; distribution of petrol and oil on the domestic market; and provision of services such as warehouse and port leasing and forwarding, preservation and transportation of petrol and oil.
3. Petrol and oil production means the process to refine and transform crude oil, petrol and oil products, semi-finished petrol and oil products, additives and other preparations into petrol and oil products.
4. Petrol and oil processing means the process to mix petrol and oil products, semi-finished petrol and oil products, additives and other preparations to turn them into petrol and oil products.
5. Petrol and oil trading establishments include special-use ports and petrol and oil production and processing plants, depots, means of transport and petrol and oil retail shops.
6. Raw materials for petrol and oil production and processing include crude oil, petrol and oil products, semi-finished petrol and oil products, additives and other preparations.
7. World petrol and oil price means the trading price on the international market jointly determined and announced by the Ministry of Finance and the Ministry of Industry and Trade.
8. Petrol and oil retail price means the price posted up at petrol and oil retail shops.
9. Base price means the price used to set the petrol and oil retail price, which has the following constituents and is determined to equal (=) {CIF price plus (+) import duty plus (+) excise tax} multiplied by (x) foreign exchange rate plus (+) business expense norm plus (+) price valorization fund plus (+) pre-tax profit norm plus (+) value-added tax plus (+) petrol and oil charges plus (+) other payable taxes, charges and payments under current law; and is calculated on the average number of days of reserve under Article 22 of this Decree; in which:
CIF price is the world petrol and oil cost price plus (+) insurance plus (+) freight for transportation to Vietnamese port;
Foreign exchange rate is the average selling rate of commercial banks with which key traders make transactions;
Import duty, excise tax, value-added tax, petrol and oil charges and other payable taxes, charges and payments (if any) comply with law;
Business expense norm, profit norm and price valorization fund comply with the Ministry of Finance’s regulations.
10. Petrol and oil traders include petrol and oil exporters and importers; petrol and oil producers; petrol and oil general agents and retail agents; and petrol and oil service providers.
11. Key traders include petrol and oil exporters, importers and producers.
Article 4.
Application of treaties and relevant laws
1. Foreigners trading in petrol and oil in Vietnam under treaties to which the Socialist Republic of Vietnam is a contracting party shall comply with this Decree. When those treaties provide otherwise, they prevail.
2. Apart from complying with this Decree, petrol and oil traders shall comply with other relevant laws.
Article 5.
Planning on petrol and oil trading system development
1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, elaborating and publicizing a master plan on petrol and oil trading system development in line with development orientations for Vietnam’s oil and gas industry and socio-economic development up to 2020; and planning the development of systems of key petrol and oil depot and ports and depots for strategic reserve and circulation reserve; and petrol and oil pipelines nationwide.
2. When elaborating a project to build or upgrade transport systems, the Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, concerned ministries and branches and provincial-level People’s Committees in, determining connection points suitable to the planned petrol and oil trading establishment system.
3. Provincial-level People’s Committees shall elaborate and publicize master plans on networks of petrol and oil retail shops and depots to meet local petrol and oil demands. Petrol and oil retail shops must comply with national standards announced by the Ministry of Science and Technology. Petrol and oil retail shops in border areas must comply with regulations on safety assurance for management and protection of border lines and boundary markers and regulations against cross-border petrol and oil smuggling.
4. Traders of all economic sectors are encouraged to invest in developing petrol and oil trading establishments in conformity with the approved planning.
Article 6.
Fire prevention and fighting and environmental protection
1. In their trading activities, petrol and oil trading establishments shall constantly meet requirements under the laws on fire prevention and fighting and environmental protection.
2. Petrol and oil traders shall regularly examine petrol and oil trading establishments in strictly complying with the laws on fire prevention and fighting and environmental protection.
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