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THE MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 01/2008/QD-BCT
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Hanoi, January 3, 2008
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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.
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FOR THE MINISTER OF INDUSTRY AND
TRADE
VICE MINISTER
Nguyen Cam Tu
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.
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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.
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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.
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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
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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.