THE MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 139/2013/TT-BTC
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Hanoi, October 9, 2013
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CIRCULAR
ON CUSTOMS
PROCEDURES FOR PETROL AND OIL EXPORTED, IMPORTED, TEMPORARILY IMPORTED FOR
RE-EXPORT AND TRANSFERRED FROM/TO BORDER GATE; MATERIALS IMPORTED FOR
PRODUCTION AND PREPARATION OF PETROL AND OIL; AND MATERIALS IMPORTED FOR EXPORT
PROCESSING OF PETROL AND OIL
Pursuant to June 29, 2001 Customs Law No. 29/2001/QH10, and
June 14, 2005 Law No. 42/2005/QH11 Amending and Supplementing a Number of
Articles of the Customs Law;
Pursuant to June 14, 2005 Law No. 45/2005/QH11 on Import
Duty and Export Duty;
Pursuant to June 14, 2005 Commercial Law No. 36/2005/QH11;
Pursuant to the Government’s Decree No. 154/2005/ND-CP of
December 15, 2005, detailing a number of articles of the Customs Law regarding
customs procedures and customs inspection and supervision;
Pursuant to the Government’s Decree No. 12/2006/ND-CP of
January 23, 2006, detailing the Commercial Law regarding international goods
purchase and sale and goods purchase and sale agency, processing and transit
activities with foreign partners;
Pursuant to November 29, 2006 Law No. 78/2006/QH11 on Tax
Administration; and November 20, 2012 Law No. 21/2012/QH13 Amending and
Supplementing a Number of Articles of the Law on Tax Administration; Pursuant
to the Government’s Decree No. 84/2009/ND-CP of October 15, 2009, on petrol and
oil trading;
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Pursuant to the Government’s Decree No. 83/2013/ND-CP of
July 22, 2013, detailing a number of articles of the Law on Tax Administration
and the Law Amending and Supplementing a Number of Articles of the Law on Tax
Administration;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of
November 27, 2008, defining the functions, tasks, powers and organizational
structure of the Ministry of Finance;
At the proposal of the General Director of Customs,
The Minister of Finance promulgates the Circular on customs
procedures for petrol and oil exported, imported, temporarily imported for
re-export and transferred from/to border gate; materials imported for
production and preparation of petrol and oil; and materials imported for export
processing of petrol and oil.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular specifies the customs procedures for petrol
and oil exported, imported, temporarily imported for re-export and transferred
from/to border gate; materials imported for production and preparation of
petrol and oil; and materials imported for export processing of petrol and oil.
Article 2. Subjects of application
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2. Traders that possess petrol and oil import and export
business licenses may import materials for preparation of petrol and oil;
traders that are lawfully established and possess business registration
certificates and enterprise registration certificates containing registration
of petrol and oil trading, and have sufficient conditions for petrol and oil
production may import materials for production and export processing of petrol
and oil. The import of materials must comply with registered plans after
obtaining the Ministry of Industry and Trade’s written certification.
3. Traders that possess petrol and oil import and export
business licenses and conduct the business line of supply of aviation petrol
and oil or provision of seagoing ship chandlery services as stated in their
business registration certificates may temporarily import petrol and oil for
sale (re-export) by themselves or through seagoing ship chandlers acting as
their agents to the following objects:
a/ Aircraft of foreign airlines stopping over at Vietnamese
airports and aircraft of Vietnamese airlines flying along international routes
on exit;
b/ Foreign seagoing ships mooring at international seaports
or river ports and Vietnamese seagoing ships operating along international
routes on exit.
4. Traders that possess petrol and oil import and export
business licenses may temporarily import petrol and oil for sale (re-export) to
the following subjects to serve production:
a/ Export processing enterprises in or outside export
processing zones;
b/ Enterprises in special economic and trade zones,
trade-industrial zones and other economic zones established under the Prime
Minster’s decisions which provide that goods purchase, sale and exchange
relations between such zones and inland areas are import and export ones.
Article 3. Some particular provisions
1. Pumping petrol and oil from transporting vehicles into
depots and vice versa:
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a/ For imported or temporally imported petrol and oil and
imported materials:
a.1/ Traders may pump petrol, oil and materials from
transporting vehicles into vehicles of transshipment or alongside ships
according to regulations;
a.2/ Traders may pump petrol, oil and materials from
transporting vehicles into empty tanks and cisterns. Upon completion of the
pumping, customs officers shall seal up these tanks and cisterns;
a.3/ Traders may pump or store petrol, oil and materials
from transporting vehicles into tanks or cisterns currently containing petrol
and oil of the same category (including tanks and cisterns of petrol and oil
depots that are linked by pipelines),
After traders complete the pumping, customs officers are
not required to seal up these tanks and cisterns but shall ask petrol and oil
owners to take responsibility before law for keeping such petrol and oil intact
until availability of conclusions of a state inspection agency on the quality
of such petrol and oil.
a.4/ If petrol and oil temporarily imported for re-export
are pumped into tanks or cisterns currently containing petrol and oil, the
following conditions must be satisfied:
a.4.1/ Temporarily imported petrol and oil and those
contained in these tanks and cisterns are of the same category, and
a.4.2/ Samples must be taken for state quality inspection
as for imported petrol and oil.
b/ For exported or re-exported petrol and oil:
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2. State quality inspection of lots of petrol and oil
imported or temporarily imported for re-export and imported materials:
In case petrol and oil imported or temporarily imported for
re-export, materials imported for production and preparation of petrol and oil
and materials imported for export processing of petrol and oil are on the list
of goods subject to state quality inspection, the following provisions are
applied:
a/ For imported petrol and oil:
a.1/ For cases subject to sealing of tanks and cisterns:
When obtaining a notice of results of state quality
inspection stating that the quality of such lots satisfies import quality
requirements, customs branches shall decide on customs clearance according to
regulations and remove customs seals for traders to put their petrol and oil in
use. The time of customs clearance of such lots is the time traders submit the
notice of results of state quality inspection;
a.2/ For cases not subject to sealing of tanks or cisterns:
When obtaining a notice of results of state quality
inspection stating that the quality of such lots satisfies import quality
requirements, customs branches shall decide on customs clearance according to
regulations. The time of customs clearance of such lots is the time traders
submit the notice of results of state quality inspection;
a.3/ If the quality inspection agency notifies that the
imported petrol and oil lot fails to satisfy import quality requirements, the
whole volume of petrol and oil (both old and new in the case of storage
together with petrol and oil of the same category or form of import) must be
handled under Point e, Clause 4,
Article 16 of the Government’s Decree No. 18/2009/ND-CP of
February 18, 2009, amending and supplementing a number of articles of Decree
No. 97/2007/ND-CP of June 7, 2007, providing the sanctioning of administrative
violations and coercive enforcement of administrative decisions in the customs
sector;
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b.1/ Petrol and oil temporarily imported for re-export are
not subject to state quality inspection. Traders shall take full responsibility
before law for the quality of temporarily imported lots.
b.2/ In case petrol and oil temporarily imported for
re-export are stored together with petrol and oil of the same category, state
quality inspection must be conducted upon temporary import.
If the state inspection agency notifies that the lot fails
to satisfy import quality requirements, the whole volume of petrol and oil
(both old and new) must be re-exported. Traders shall take full responsibility
before law for this case;
c/ For imported materials:
When obtaining a notice of results of state quality
inspection stating that the quality of such lots satisfies import quality
requirements, customs branches shall decide on customs clearance according to
regulations. The time of customs clearance of such lots is the time traders
submit the notice of results of state quality inspection.
3. Determination of volumes of petrol and oil imported,
exported or temporarily imported for re-export:
a/ For petrol and oil exported, imported or temporarily
imported for re-export transported by waterway craft via international river
ports or seaport border gates, their volumes must be determined on the basis of
notices of results of assessment of petrol and oil volumes by licensed
assessors;
b/ For petrol and oil exported or re-exported by tank or
cistern trucks through international land border gates, their volumes must be
determined based on readings of meters at the depots used to gauge petrol and oil
pumped into the trucks’ tanks or cisterns. In case meters are not available,
their volumes must be determined based on assessors’ results of assessment of
volumes.
In places without assessors, petrol and oil volumes must be
determined based on benchmarks of their transporting vehicles with certificates
granted by an inspection agency;
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c.1/ The volumes of petrol and oil pumped directly from
depots into seagoing ships must be determined based on readings of meters at
the depots;
c.2/ For petrol and oil pumped from depots into
transporting craft for supply to seagoing ships:
- The volumes of petrol and oil pumped from depots into
transporting craft must be determined based on readings of meters at inland
deports;
- Such volumes of petrol and oil pumped from transporting
craft into seagoing ships must be determined by one of the following methods:
assessment (based on assessors’ results of assessment of volumes), benchmarks
or meters of seagoing ships, depending on particular conditions of each
seagoing ship and applicable international practice.
d/ For jet fuel (imported or temporarily imported) supplied
to aircraft:
Fuel supplied to aircraft must be determined based on
readings of flow meters of filling devices exclusively used for aircraft;
e/ Volume meters must be periodically inspected and sealed
up by a state standardization and metrology office (except meters of aircraft
and seagoing ships).
4. Determination of categories of exported or re-exported
petrol and oil:
For exported or re-exported petrol and oil taken from the
same tank or cistern under customs supervision, the assessment conducted to
determine its category is valid for the whole export or re-export lot, separate
determination for each transporting vehicle is not required.
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a/ For lots exempted from physical inspection, if detecting
signs of violation in these lots, the head of the customs branch shall decide
on physical inspection of the lots;
b/ For lots subject to physical inspection, customs
officers shall, based on the results of assessment of volumes, weights and
categories of lots and results of state inspection of the lots’ quality, give
certification on customs declarations for customs clearance;
c/ If having any suspicion about assessment results, the
head of the customs branch shall request the trader to seek re-assessment of
the lots and reach agreement with the trader on the selection of assessors for
the re-assessment and re-inspection.
The selection of assessors complies with Article 16 of the
Ministry of Finance’s Circular No. 128/2013/TT-BTC of September 10, 2013, on
customs procedures, customs supervision and inspection; import duty, export
duty, and tax administration of imports and exports.
6. Sampling of imported petrol and oil:
For imported petrol and oil on the list of those subject to
state quality inspection, traders shall join state quality inspection agencies
in taking samples under the supervision by customs offices before pumping
petrol and oil into depots (tanks or cisterns) or vehicles of transshipment or
alongside ships under the guidance in Article 17 of Circular No.
128/2013/TT-BTC of September 10, 2013.
7. For petrol and oil transshipped or transferred alongside
from ship to ship:
a/ Traders may only transship or transfer petrol and oil
alongside from ship to ship at the positions designated by the Ministry of
Transport or provincial-level People’s Committees; or transship or transfer
petrol and oil from large ships or other transporting vehicles that cannot
enter Vietnamese ports determined by port authorities;
b/ Traders shall declare with customs branches (at which
they carry out procedures) before transshipping or transferring petrol and oil
alongside from ship to ship.
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c/ Based on traders’ written notices, customs officers
shall conduct supervision until the transshipment and transfer alongside from
ship to ship is completed;
d/ Vehicles containing petrol and oil transshipped or
transferred alongside from ship to ship must be moored at the positions under the
management of customs offices carrying out the procedures until the customs
procedures are completed. Petrol and oil transshipped or transferred alongside
from ship to ship must be stored in separate depots when traders have not yet
registered customs declarations under the Customs Law.
8. Petrol and oil temporarily imported for re-export may be
retained in Vietnam under the guidance in the Government’s Decree No.
12/2006/ND-CP of January 23, 2006, detailing the implementation of the
Commercial Law regarding international goods trading and activities of agency,
trading, processing and transit of goods with foreign partners.
When a lot needs to be retained in Vietnam for a longer
period due to a force majeure circumstance or change in the conditions
and time of goods delivery stated in the goods purchase and sale contract,
traders shall request in writing customs branches at which they carry out
temporary import procedures to extend this time limit. The request must be
approved by customs branches before the expiration of the time limit for
temporary import for re-export. For each lot temporarily imported for
re-export, extension may be made 2 (two) times at most, each not exceeding 30
(thirty) days.
9. Petrol and oil already temporarily imported but not re-exported
or fully re-exported may be sold domestically (below referred as to petrol and
oil for domestic sale)
Traders shall send their written requests for domestic sale
to customs departments at which they have carried out temporary import
procedures.
After obtaining the approval from the director of the
Customs Department, traders shall register new declarations for carrying out
procedures for the volume of petrol and oil for domestic sale according to the
form of commercial import; tax policies and policies on management of imported
petrol and oil will be applied at the time of registration of declarations for
domestic sale. If the quality of such lots has been inspected when the
temporary import procedures are carried out, quality inspection is not required
for domestic sale.
10. Determination of the exportation of exported and
re-exported petrol and oil:
a/ For petrol and oil exported and re-exported by seaway:
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a.2/ Grounds for determining the actual exportation of
petrol and oil include the export declaration for which customs procedures have
been completed with the certification “goods have passed supervision zone” by
the border-gate customs branch, and the bill of lading of goods loaded onto
transporting vehicles on exit;
b/ Grounds for determining the exportation of petrol and
oil exported or re-exported through international airway border gate or by
international railway include the export declaration for which customs
procedures have been completed with the certification “Goods have passed
supervision zone” the by border-gate customs branch, and transporting documents
showing that goods have been loaded onto transporting vehicles on exit;
c/ Grounds for determining the exportation of petrol and
oil exported or re-exported through international land border gate,
international river way border gate, transshipment port or transshipment zone,
and petrol and oil sold to seagoing ships and aircraft on exit include the
export declaration for which customs procedures have been completed with the
certification “Goods already exported” given by the border-gate customs branch;
d/ Grounds for determining the exportation of exported or
re-exported petrol and oil brought into bonded warehouses include the export
declaration for which customs procedures have been completed with the
certification “Goods have been brought into bonded warehouses” given by the
customs branch managing bonded warehouses;
e/ For petrol and oil supplied to enterprises mentioned in
Clause 4, Article 2 of this Circular,
e.1/ For export processing enterprises in export processing
zones, export (re-export) declarations for which customs procedures have been
completed with the certification “Goods have been brought into export
processing zone” given by the customs branch managing export processing zones
are required;
e.2/ For export processing enterprises outside export
processing zones, export (re-export) declarations and petrol and oil purchasing
enterprises’ import declarations for which customs procedures have been
completed are required;
e.3/ For enterprises defined at Point b, Clause 4, Article
2 of this Circular, export (re-export) declarations for which customs
procedures have been already completed with the certification “Goods have been
brought into non-tariff zone” given by the customs branch managing non-tariff
zones are required.
11. In case there is a difference between the volumes of
actually imported and actually exported petrol and oil and volumes of petrol
and oil written on the invoices which is still within the allowable error
suitable to the characteristics of petrol and oil stated in the contracts, the
dutiable volumes are determined on the basis of the actual payment values of the
imported and exported petrol and oil lots and the duty rates applicable to each
commodity.
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12. In case petrol and oil are supplied (re-exported) to
objects defined in Clause 3, Article 2 of this Circular that operate also on
domestic routes:
a/ Traders shall carry out customs procedures according to
the form of commercial import for volumes of re-exported petrol and oil used
for operating on domestic routes (conformable with the table of norms of petrol
and oil volumes used for domestic routes submitted by traders to customs
offices);
b/ Traders shall carry out re-export procedures for petrol
and oil volumes supplied to:
b.1/ Objects defined at Point a, Clause 3, Article 2 of
this Circular in conformity with the sale invoice or delivery order for an
outbound international flight;
b.2/ Objects defined at Point b, Clause 3, Article 2 of
this Circular and in conformity with the orders of captains; ship owners; ship
owners’ agents; and enterprises managing ship operation for an outbound
international voyage.
13. In case the enterprises defined in Clause 4, Article 2
of this Circular purchase petrol and oil from traders that possess petrol and
oil import and export business licenses, they shall carry out customs
procedures applicable to commercial imports.
Before carrying out import procedures, enterprises that
purchase petrol and oil shall register petrol and oil consumption norms
conformable with the operation of machinery and equipment involved in the
course of production (excluding petrol and oil used for enterprises’
transporting vehicles) and also make written commitments to take responsibility
before law for the registered consumption norms.
14. Traders that possess petrol and oil import and export
business licenses may entrust in accordance with current laws other traders
(having petrol and oil import and export business licenses) to import, export,
temporarily import and re-export petrol and oil.
15. For petrol and oil fuel contained in special-use
self-propelled vehicles temporarily imported for re-export:
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a.1/ When carrying out entry procedures for special-use
vehicles, traders shall also carry out import procedures for petrol and oil
fuel as for non-commercial imports and pay all taxes under current regulations;
a.2/ When carrying out exit procedures for special-use
vehicles, traders shall carry out export procedures for petrol and oil fuel as
for non-commercial exports and pay all taxes under current regulations;
a.3/ Imported petrol and oil fuel contained in special-use
vehicles on entry are not subject to state quality inspection registration.
b/ Determination of taxable petrol and oil fuel volumes:
The volumes of petrol and oil fuel contained in special-use
vehicles are determined based on the general declarations when carrying out
entry and exit procedures for these vehicles.
16. The loss rates applicable to import, export, storage
and maintenance activities comply with the Ministry of Industry and Trade’s
regulations. In cases these regulations are unavailable, these rates are
determined based on the assessors’ notices of results of assessment of petrol
and oil volumes. If having any suspicion about assessment results, the
provisions of Point c, Clause 5 of this Circular will be complied with.
17. Traders carrying out e-customs procedures for imported,
exported, temporarily imported and re-exported petrol and oil shall comply with
the Ministry of Finance’s Circular No. 196/2012/TT-BTC of November 15, 2012,
providing e-customs procedures for commercial imports and exports, and Circular
No. 128/2013/TT-BTC of September 10, 2013, for each corresponding type.
Chapter II
CUSTOMS PROCEDURES FOR IMPORTED OR TEMPORARILY IMPORTED PETROL AND
OIL
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1. Customs procedures for imported or temporarily imported
petrol and oil must be carried out at customs branches of border gates through
which petrol and oil are permitted to be imported in accordance with law.
2. Customs procedures for petrol and oil temporarily
imported for supply (re-export) to enterprises must be carried out by
purchasing enterprises at customs branches managing these enterprise under
Clause 4, Article 2 of this Circular.
Article 5. Customs dossiers
1. Documents to be submitted:
- Customs declaration: 2 originals;
- Petrol and oil purchase contract or paper of equivalent
validity: 1 copy certified by the enterprise;
- Commercial invoice: 1 original;
- Written registration for volume assessment: 1 copy
certified by the enterprise;
- Written registration for state inspection of petrol and
oil quality, for petrol and oil in the list of goods subject to state quality
inspection (except petrol and oil temporarily imported for re-export): 1 copy
certified by the enterprise;
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- Petrol and oil sale contract (framework contract,
principle contract (if any) and annexes (if any): 1 copy certified by the
enterprise.
In case traders carry out procedures for the first time at
customs branches, they shall additionally submit the following documents
(except petrol and oil temporarily imported for re-export abroad or supply
(re-export) to objects defined in Clauses 3 and 4, Article 2 of this Circular):
- Petrol and oil import and export business license granted
by the Ministry of Industry and Trade: 1 copy certified by the enterprise;
- Table of annual minimum petrol and oil import quotas,
issued by the Ministry of Industry and Trade (applicable to imported petrol and
oil): 1 copy certified by the enterprise;
2. If there is any doubt about the submitted copies
mentioned in Clause 1 of this Article, customs branches may request traders to
produce the originals for examination and comparison.
3. Time limit for traders to submit the above documents to
customs branches:
The above documents must be submitted when traders carry
out procedures for registration of customs declarations, except the following:
a/ Volume assessment certificate: To be submitted within 8
(eight) working hours after completing the pumping of petrol and oil from
transporting vehicles into depots or other transporting vehicles for further
transport into the inland;
b/ Notice of results of state inspection of petroleum and
oil quality: To be submitted within 7 (seven) working days after completing the
pumping of petrol and oil from transporting vehicles into depots or other
transporting vehicles for further transport into the inland;
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c.1/ If having no commercial invoice yet, the trader shall
submit the pro forma invoice (the original, faxed or telex copy) when customs
officers register the customs declaration; the director (or a person authorized
by the director) shall sign and append his/her seal for certification and take
full responsibility before law for the accuracy and truthfulness of the faxed
or telex copy;
c.2/ When registering customs declarations, if the official
price is not available yet, the trader shall pay tax according to Clause 8,
Article 20 of Circular No. 128/2013/TT-BTC of September 10, 2013.
The time limit for late submission of the original
commercial invoice is 30 (thirty) days from the date of registration of the
customs declaration.
c.3/ In case imported and temporarily imported petrol and
oil volumes share the same commercial invoice (original):
c.3.1/ For imported petrol and oil: Customs officers shall
file the original commercial invoice submitted by traders in the import
dossier;
c.3.2/ For temporarily imported petrol and oil: Customs
officers shall file the copy of the original commercial invoice submitted by
traders (which bears the signature of the director or a person authorized by
the director) in the import dossier and write in the temporary-import declaration:
“The original commercial invoice is filed in the petrol and oil import dossier
of customs declaration No.... dated...”.
Article 6. Time limit for tax payment for petrol and oil
temporarily imported for re-export
1. For petrol and oil temporarily imported for re-export,
tax payment must be made before completing the procedures for temporarily
imported petrol and oil.
2. In case tax has not yet been paid but the payable amount
is guaranteed by a credit institution and meets conditions specified in Clause
2, Article 21 of Circular No. 128/2013/TT-BTC of September 10, 2013, the time
limit for tax payment follows the guarantee time limit, which must not exceed
15 (fifteen) days counting from the expiration of the time limit for temporary
import for re-export (not applicable to the extended time limit for temporary
import for re-export) and no late payment interests must be paid for the
duration of guarantee.
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4. In case of applying a time limit for tax payment
according to the duration of guarantee but the imports are sold domestically,
traders shall pay all taxes, re-count the time limit for tax payment for
domestically sold goods and pay late payment interests from the time of
completing customs procedures for temporary import to the date of actual tax
payment.
Article 7. Responsibilities of customs branches carrying
out import or temporary import procedures; customs branches managing petrol and
oil purchasing enterprises under Clause 4, Article 2 of this Circular
1. To seal up depots or transporting vehicles after traders
complete the pumping of petrol and oil into these depots or transporting
vehicles under Clause 1, Article 3 of this Circular.
2. Based on the trader’s written request for extension of
the duration for retaining in Vietnam petrol and oil temporarily imported for
re-export, customs branches at which temporary import procedures are carried
out shall consider and approve the extension in accordance with Clause 8,
Article 3 of this Circular. Leaders of customs branches shall sign and append
their seals on the written requests and file them in the dossiers according to
regulations.
3. To make reconciliation monitoring cards based on the
volumes of imported petrol and oil written in the declarations.
4. To implement Point e, Clause 4, Article 16 of Decree No.
18/2009/ND-CP of February 18, 2009, for imported petrol and oil failing to meet
import quality requirements under decisions of state quality inspection
agencies.
In case petrol and oil temporarily imported for re-export
are stored together with petrol and oil of the same category and the state
quality inspection agency notifies that the petrol and oil lots fail to meet
import requirements, customs branches shall carry out re-export procedures for
petrol and oil (both old and new) within a time limit specified by law.
5. To supervise traders in liquidating temporary-import
declarations within a time limit specified by law; to liquidate and refund tax
for temporary-import declarations under Article 9 of this Circular; to settle
matters related to tax obligation and violations (if any) according to current
regulations.
6. On the last day of each month, customs branches shall
report to their managing Customs Departments on imported petrol and oil, and
the results of liquidation of temporary-import declarations (made according to
forms HQ01-CCNKXD and HQ02-CCTKTKTN to this Circular).
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Article 8. Responsibilities of traders
1. To keep intact customs seals of petrol and oil depots or
other transporting vehicles pending receipt of the notice of results of
assessment or results of state quality inspection.
2. In case the quality inspection agency notifies that the
imported petrol and oil lot fails to satisfy import quality requirements,
traders shall comply with Point e, Clause 4, Article 16 of Decree No.
18/2009/ND-CP of February 18, 2009.
For temporarily imported petrol and oil stored together
with petrol and oil of the same category and the state quality inspection
agency notifies that the petrol and oil lots fail to meet import requirements,
traders shall continue keeping intact customs seals (if any) and petrol and oil
(both old and new - if any) and carry out re-export procedures (for both old
and new petrol and oil) within a time limit prescribed by law.
3. To liquidate temporary-import declarations under Article
9 of this Circular.
4. Quarterly, by the 15th of the first month of the
subsequent quarter, traders shall summarize and report to the General
Department of Customs on imported petrol and oil and results of liquidation of
temporary-import declarations according to forms HQ05-DNNKXD and HQ06-DNTKTKTN
to this Circular.
Article 9. Refund and non-collection of tax with regard to
temporary-import customs declarations
The procedures for refund and non-collection of tax on
temporarily imported petrol and oil comply with Articles 118, 126, 127, 128 and
129 of Circular No. 128/2013/TT-BTC of September 10, 2013.
Chapter III
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Article 10. Customs clearance
places
1. Customs procedures for exported petrol and oil must be
carried out at customs branches of export border gates.
2. Customs procedures for re-exported petrol and oil must
be carried out at customs branches which have carried out import procedures for
these lots, or at outside-border gate customs branches of localities in which
traders’ inland depots storing petrol and oil for export or re-export are
located.
3. Customs procedures for petrol and oil exported or
re-exported via border gates abroad must be carried out at international border
gates.
Article 11. Customs dossiers
1. Customs dossiers for export:
a/ Documents to be submitted:
- Export customs declaration: 2 originals;
- Sale contract and annex (if any): 1 copy certified by the
enterprise;
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- Document clearly indicating the source of exported petrol
and oil (imported or purchased from a principal importer or a production or
mixing establishment): 1 original;
- The Ministry of Industry and Trade’s written
certification of the registration of the plan on petrol and oil production or
import of materials and consumption of petrol and oil products: 1 copy
certified by the enterprise;
- Petrol and oil export and import business license: 1 copy
certified by the enterprise (to be submitted for the first time);
- Volume assessment certificate, for the case specified at
Point a, Clause 3, Article 3 of this Circular: 1 copy certified by the
enterprise;
- Category assessment certificate or the card of results of
tests of the petrol and oil traders (the traders shall take responsibility
before law on contents of these cards): 1 copy certified by the enterprise.
b/ If there is any doubt about the submitted copies stated
at Point a, Clause 1 of this Article, customs branches shall request traders to
produce the originals for examination and comparison.
2. Customs dossiers for re-export:
a/ Documents to be submitted:
- Export customs declaration: 2 originals;
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- Sale contract and annex (if any): 1 copy certified by the
enterprise;
- Petrol and oil export and import business license: 1 copy
certified by the enterprise (to be submitted for first time);
- Volume assessment certificate, for the case specified at
Point a, Clause 3, Article 3 of this Circular: 1 copy certified by the
enterprise;
- Category assessment certificate or the card of results of
tests of petrol and oil traders (the traders shall take responsibility before
law on contents of these cards): 1 copy certified by the enterprise.
In case of supply (re-export) of petrol and oil to a
foreign seagoing ship mooring in an international seaport or river port or a
Vietnamese seagoing ship operating along an international route upon departure,
the traders shall additionally submit:
- Business registration certificate or enterprise
registration certificate of the seagoing ship chandlery service provider or
agency contract signed with the seagoing ship chandlery service provider: 1
copy (to be submitted for the first time);
- Order of the shipmaster, ship owner, ship owner’s agent
or shipping enterprise (in case of absence of a sale contract, the trader is
not required to submit a sale contract under Point a of this Clause): 1
original; faxed, emailed or telex copy bearing the signature and seal of the
enterprise director or his/her authorized person for certification, who shall
take full responsibility before law for the lawfulness of such document. The
order must clearly state the norm of petrol and oil volume for domestic voyages
(for seagoing ships having domestic voyages), norm of petrol and oil volume for
international voyages; the ship’s itinerary, estimated volume of petrol and
oil; commitment on the accurate volume of petrol and oil accurately and use for
proper purpose;
- Traders shall clearly declare in the customs declarations
names, types and code numbers of ships purchasing temporarily imported petrol
and oil.
b/ If there is any doubt about the submitted copies
mentioned at Point a, Clause 2 of this Article, customs branches shall request
traders to produce the originals for examination and comparison.
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1. To inspect the outer conditions of petrol and
oil-containing compartments of transporting vehicles. If there is no doubt and
all customs sealing conditions are met, traders are permitted to pump petrol
and oil into these transporting vehicles.
In case volumes are determined by benchmark, customs
officers shall inspect the inner conditions of compartments before traders pump
petrol and oil.
2. After traders completing the pumping of petrol and oil
into compartments of transporting vehicles, customs officers shall seal up the
compartments according to regulations.
3. In case petrol and oil exported or re-exported abroad
through a border gate different from the border gate at which export or
re-export procedures are carried out or for supply (re-export) under Clauses 3
and 4, Article 2 of this Circular, customs branches shall make handover written
records of exported or re-exported petrol and oil and seal up the dossiers of
export or re-export according to regulations on goods in border-gate transfer,
Such written record must describe in detail the state of goods (name, category
and weight), date and time of departure of petrol and oil transporting
vehicles; name, code number and characteristics of these vehicles; transport
routes and customs seals. Customs officers shall monitor feedback information
from customs branches of export border gates and customs branches managing
enterprises under Clause 4, Article 2 of this Circular.
4. To conduct supervision until petrol and oil are fully
delivered to the seagoing ships, for petrol and oil supplied to seagoing ships.
When completing the supervision, customs officers shall
request traders to submit the original written records of petrol and oil
delivery and receipt between traders and shipmasters, ship owners, ship owner
agents or shipping enterprises. Based on the volume of petrol and oil specified
in the written records and the report on the actual exit of seagoing vessels
from the customs branch of the border gate through which seagoing vessels exit
abroad (for vessels exiting at a border gate different from the border gate
where the vessels are moored), customs officers shall give the certification
“Goods exported” in the customs declarations on the volume of petrol and oil
re-exported according to regulations.
5. To coordinate with customs branches of export border
gates to handle the cases in which petrol and oil is intended to be supplied
(re-exported) to seagoing vessels but for objective reasons, seagoing vessels
fail to receive the volume of petrol and oil according to sale contracts or
orders, or receive a volume less than the volume declared in the re-export
declaration under Clause 4, Article 13 of this Circular.
6. To calculate and collect tax on the volume of petrol and
oil for which re- export procedures have been carried out for seagoing vessels
having domestic voyages in their international itineraries or for seagoing
vessels on exit, but for objective reasons, these vessels do not exit to
operate along international routes or have carried out exit procedures but then
changed their itineraries (adding domestic voyages). Tax is calculated at the
time of opening re-export declarations.
7. To assume the prime responsibility for, and coordinate
with customs branches of export border gates in, handing over, manage and
supervise the transportation of, petrol and oil temporarily imported for
re-export.
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9. On the last working day of each month, customs branches
shall send reports to provincial-level Customs Departments directly managing
exported petrol and oil, made according to Form HQ07-CCXKXD to this Circular.
10. Quarterly, on the 5th of the first month of the
subsequent quarter, provincial-level Customs Departments shall base themselves
on the subordinate customs branches’ reports on exported petrol and oil to
summarize and report to the General Department of Customs on exported petrol
and oil, made according to Form HQ08-CXKXD to this Circular.
Article 13. Responsibilities of
customs branches of export border gates and customs branches managing petrol and
oil purchasing enterprise under Clause 4, Article 2 of this Circular
1. Petrol and oil exported and re-exported via
international border gates:
a/ To receive handover written records and customs dossiers
(faxed copies) transferred by customs branches carrying out export or re-export
procedures.
b/ To check customs seals of petrol and oil-containing
tanks, cisterns or compartments of transporting vehicles. If the seals are
intact, to supervise the export of petrol and oil, ensuring that the whole goods
lot is actually exported across the border;
c/ When detecting that the seals are broken or counterfeit
or there are signs of violation such as changes in petrol and oil volume,
weight or category, heads of customs branches shall request customs declarants
to have these goods assessed in terms of volume, weight and category. If
assessment results are consistent with the dossier set, to make a written
certification and supervise the export of petrol and oil through the border
gate. If assessment results show some changes in volume, weight or category, to
make a written record of the violation and handle this violation under law;
d/ To transfer dossiers of goods lots to customs branches
that carry out export or re-export procedures under regulations on exported
goods in border-gate transfer;
e/ When vehicles transporting exported or re-exported
petrol and oil return for entry, customs officers shall check them under
regulations in order to detect smuggled goods or petrol and oil volumes not
wholly exported or re-exported and brought back for domestic sale.
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3. To report on the actual exit of seagoing vessels to
customs branches carrying out re-export procedures for petrol and oil (for
seagoing ships exiting at border gates different from border gates at which
they are moored).
4. Petrol and oil supplied (re-exported) to enterprises
defined in Clause 4, Article 2 of this Circular:
Customs branches managing enterprises shall perform the
responsibilities defined in Clause 1 of this Article and at Point e, Clause 10,
Article 3 of this Circular.
5. Petrol and oil volumes under a single export or re-export
declaration must be fully exported once through a single border gate or to
enterprises specified in Clause 4, Article 2 of this Circular (excluding petrol
and oil supplied to aircraft as guided in Chapter V of this Circular).
In case petrol and oil are supplied (re-exported) for
seagoing vessels but for objective reasons that these seagoing vessels cannot
receive all petrol and oil volumes under purchase and sale contracts or orders
and the actually re-exported petrol and oil volumes are smaller than those
declared in re-export declarations, supervising customs officers shall give
certification of the actually re-exported petrol and oil volumes in the
re-export declarations and request traders to submit original written records
of petrol and oil delivery and receipt between traders and shipmasters, ship
owners or ship owner agents or shipping enterprises.
Article 14. Responsibilities of
traders, captains, ship owners, ship owner agents and shipping enterprises
1. To ensure the original state of goods, customs seals and
customs dossiers during their transportation to border gates of export or
enterprises defined in Clause 4, Article 2 of this Circular.
2. Petrol and oil re-exported through border gates other
than the border gates where the re-export procedures are carried out must be
transported according to the routes, stops, time and the border gates already
registered with customs offices and be preserved in their original state with
customs seals. The duration of transport of petrol and oil pumped into
transporting vehicles to re-export border gates must not exceed 5 (five) days.
In case of failing to transport goods along proper routes
and according to registered time for objective reasons, traders shall notify in
writing such to the customs branches with which the declarations have been
registered and customs branches of export border gates for monitoring and
supervision.
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4. To pay all taxes under regulations for petrol and oil
used for operation along domestic routes ordered by captains, ship owners, ship
owner agents or shipping enterprises already registered with the customs
offices.
5. For oil and petrol supplied (for which re-export
procedures have been carried out) to seagoing ships, but for objective reasons,
these seagoing ships cannot exit for operating along international routes or
exit but additionally operate along domestic routes; captains, ship owners,
ship owner agents or shipping enterprises shall notify it to the customs
branches where the re-export procedures for petrol and oil were carried out and
to the customs branches of export border gates (for cases in which seagoing
ships exit at border gates other than border gates where re-export procedures
are carried out) for carrying out subsequent procedures, and shall take full
responsibility before law for the notifications and contents thereof.
Traders shall pay all taxes under regulations for the
petrol and oil volumes for which re-export procedures have been carried out but
used for domestic routes.
6. Quarterly, on the 15th of the first month of the
subsequent quarter, traders shall summarize and report on the exported petrol
and oil to the General Department of Customs (according to form HQ09-DNXKXD to
this Circular)
Chapter IV
CUSTOMS PROCEDURES FOR TEMPORARILY IMPORTED PETROL AND OIL
DOMESTICALLY SOLD
Article 15. Customs clearance
places:
The procedures for domestic sale of temporarily imported
petrol and oil must be carried out at the customs branches with which the
temporary-import declarations are registered.
Article 16. Customs dossiers:
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- Import customs declaration: To submit 2 originals, in the
box of enclosed documents in the import declaration, traders shall write the
serial number of the temporary-import declaration of the petrol and oil volumes
domestically sold;
- Temporary-import customs declaration of the petrol and
oil lot: To submit 1 copy certified by the enterprise;
- Written registration for state quality inspection of
petrol and oil or notice of results of state quality inspection of petrol and
oil when temporary-import procedures are carried out: To submit 1 copy
certified by the enterprise.
Article 17. Responsibilities of
customs branches carrying out procedures for domestic sale of petrol and oil
1. Based on the written permission for domestic sale of the
customs departments where temporary-import procedures have been carried out, to
carry out customs procedures for domestic sale of petrol and oil lots according
to regulations on commercial imports.
2. To calculate and collect taxes.
Article 18. Responsibilities of
traders
1. To comply with Articles 15 and 16 of this Circular.
2. To pay taxes as prescribed by law.
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CUSTOMS PROCEDURES FOR PETROL AND OIL EXPORTED OR RE-EXPORTED FOR
AIRCRAFT
Article 19. Customs procedures
Traders may register single declarations for multiple exportation
or re-exportation: Traders shall make single declarations for all international
airlines or all Vietnamese aircraft making international flights on exit. The
validity duration of the declarations complies with law.
Article 20. Customs dossiers
1. For re-exported petrol and oil:
a/ Documents to be submitted:
When delivering goods to aircraft, traders shall submit or
produce to the customs branches the following documents:
- Export declaration: 2 originals;
- Customs declaration of the temporarily imported lot: 1
copy certified by the enterprise;
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- Petrol and oil import and export business license: 1 copy
certified by the enterprise (for the first-time submission);
- Business registration certificate or enterprise
registration certificate of the trader providing aircraft supply services or
agency contract with the aircraft supply service provider: 1 copy (for the
first time);
- Sale invoice or ex-warehousing slip: 1 copy certified by
enterprises;
- Order of the aircraft operation managing enterprise (if
having no sale contracts, traders shall submit sale contracts as stated in
Clause a of this Article): 1 original; faxed, emailed or telex copy signed and
stamped for certification by the director or a person authorized by the
director who shall take full responsibility before law for the lawfulness of
these documents. The order must clearly state the norm of petrol and oil volume
used by aircraft for domestic flights (in case of aircraft on exit also making
domestic flights); norms of petrol and oil volume for international flights;
aircraft itinerary, estimated petrol and oil volume, and commitment on the
accuracy and use purpose of petrol and oil volume;
- Traders shall clearly state the names, types, and serial
numbers of aircraft purchasing petrol and oil from temporary-import sources in
the customs declarations.
b/ In case of having any doubt about the submitted copies
specified at Point a, Clause 1 of this Article, customs branches may request
traders to submit the originals for examination and comparison.
2. For exported petrol and oil
a/ Documents to be submitted to customs branches:
- Registered customs declaration: 2 originals;
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- A contract for selling petrol and oil to the aircrafts
and its appendices (if any): to submit 1 copy certified by the enterprise;
- Sale invoice or ex-warehousing slip: 1 original;
- The norm of petrol and oil volume for domestic flights: 1
original (for aircraft on exit also making domestic flights).
In case traders carrying out for the first time procedures
at the customs branches, the following additional documents are required:
- The Ministry of Industry and Trade’s written
certification of the registration of plans on production, import of materials
and consumption of petrol and oil products: 1 copy certified by the enterprise.
b/ In case of having any doubt about the submitted copies
specified at Point a, Clause 2 of this Article, customs branches may request
traders to submit the originals for examination and comparison.
Article 21. Responsibilities of
customs branches
1. After each delivery by traders, customs branches shall
give certification “Goods already exported” in the invoices and ex-warehousing
slips and perform other tasks as prescribed for registration of single
declarations.
2. In case of supply of petrol and oil for Vietnamese
aircraft on exit stopping at a domestic airport:
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b/ Based on the norm of petrol and oil volume for domestic
flights, the customs officers shall supervise and certify the volume of
actually re-exported petrol and oil calculated from the airport of departure.
c/ To calculate and collect taxes on the petrol and oil
volume for which re-export procedures have been carried out for domestic
flights in their international itinerary.
1. Liquidation of declarations:
a/ The customs branches (carrying out re-export procedures)
shall liquidate temporary-import declarations under regulations.
b/ The measure of liquidating declarations is to sum up the
actual exported oil petrol and oil volumes in sale invoices; ex-warehousing
slips and monitoring slips; and write the result “Goods exported” in the export
declarations (the box of certification by supervision customs).
Chapter VI
CUSTOMS PROCEDURES FOR PETROL AND OIL TRADED IN THE FORM OF
BORDER-GATE TRANSFER
Article 22. Customs procedures
1. Petrol and oil traded in the form of border-gate
transfer transported directly from exporting countries to importing countries
without going through Vietnamese border gates are not subject to customs
procedures.
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3. Petrol and oil transported from exporting countries to
importing countries through Vietnamese border gates, deposited at bonded
warehouses or transshipment areas of Vietnamese ports must go through the
customs procedures prescribed for goods brought into and delivered from bonded
warehouse or transshipment areas of Vietnamese ports.
Chapter VII
CUSTOMS PROCEDURES FOR MATERIALS IMPORTED FOR PRODUCTION AND
MIXING OF PETROL AND OIL
Article 23. Customs procedures
1. Customs procedures for imported materials for production
and mixing of petrol and oil comply with the regulations on management of
imported materials for export production.
Regarding customs dossiers: In addition to the papers to be
submitted and produced under regulations on imported materials for export
production, traders shall submit and produce related documents specified in
Article 5 of this Circular (except notices of results or registrations for
state quality inspection of imported materials), submit registrations of their
plans on production, mixing and import of materials and sale of petrol and oil
products certified by the Ministry of Industry and Trade (1 copy certified by
the enterprise enclosed with the original for examination and comparison by
customs officers).
2. Customs procedures for materials imported for production
and mixing of petrol and oil for domestic sale comply with Chapter II of this
Circular.
Chapter VIII
CUSTOMS PROCEDURES FOR IMPORTED MATERIALS FOR PROCESSING PETROL
AND OIL FOR EXPORT
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Customs procedures for materials imported for processing
petrol and oil for export comply with the Ministry of Finance’s Circular No.
117/TT-BTC of August 15, 2011, guiding customs procedures for goods processing
for foreign traders.
Regarding customs procedures: In addition to the papers to
be submitted under regulations on goods processing for foreign traders, traders
shall submit related documents specified in Article 5 of this Circular (except
notices of results or registrations for state quality inspection of imported
materials).
Chapter IX
IMPLEMENTATION PROVISIONS
Article 25. Effect
1. This Circular takes effect on November 25, 2013.
2. To annul the Ministry of Finance’s Circular No.
165/2010/TT-BTC of October 26, 2010, Circular No. 126/2011/TT-BTC of September
7, 2011, and guidance on customs procedures for exported, imported, temporarily
imported for exported, border-gate transferred petrol and oil; materials
imported for production and mixing of petrol and oil; and materials imported
for processing petrol and oil for export promulgated by the Ministry of Finance
before the effective date of this Circular and contrary to this Circular.
3. Tax policies for imported and exported petrol and oil,
materials imported for production and mixing of petrol and oil, and materials
imported for processing petrol and oil for export comply with Circular
128/2013/TT-BTC according to corresponding types and cases.
4. Petrol, oil, and materials temporarily imported for
petrol and oil export production or processing when Circular No. 165/2010/TT-BTC
and Circular No. 126/2011/TT-BTC remain effective but liquidated when this
Circular takes effect may be liquidated either according to Circular No.
165/2010/TT-BTC or this Circular.
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6. The General Director of Customs shall direct Directors
of provincial-level customs Departments to organize the management, supervision
and implementation of provisions of this Circular. Any problems arising in the
course of implementation should be promptly reported to the Ministry of Finance
(via the General Department of Customs) for study and settlement.-
FOR THE MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan