MINISTRY OF
TRADE
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SOCIALISTIC REPUBLIC
OF VIETNAM
Independence
- Freedom Happiness
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No.
1752/2003/QD-BTM
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Hanoi,
December 15, 2003
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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 4th,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 31st,
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 1st, 2004 and replaces
Decision of the Minister of Trade No. 0123/1999/QĐ-BTM dated February 4th,
1999 amending trade rules on temporary import of petroleum products for
re-export, attached with the Decision No. 1311/1998/QD-BTM dated October 31st,
1998.
Article
3:
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FOR THE
MINISTER OF TRADE
VICE MINISTER
Phan The Rue
TRADING
REGULATIONS
ON TEMPORARY IMPORT OF PETROLEUM PRODUCTS FOR RE-(Attached
to Decision of Minister of Trade No.1752/2003/QD-BTM dated December 15th,
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.
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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.
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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).
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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
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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.