THE MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
234/2009/TT-BTC
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Hanoi,
December 09, 2009
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CIRCULAR
GUIDING
THE MECHANISM TO FORM, MANAGE AND USE THE FUND FOR PETROL AND OIL PRICE
VALORIZATION UNDER THE GOVERNMENT'S DECREE NO. 84/ 2009/ND-CP OF OCTOBER 15,
2009, ON PETROL AND OIL TRADING
THE MINISTRY OF FINANCE
Pursuant to June 17, 2003
Accounting Law No. 03/2003/QH11 of the National Assembly of the Socialist
Republic of Vietnam;
Pursuant to May 10, 2002 Price Ordinance No. 40/2002/PL-UBTVQH10 of the
National Assembly Standing Committee;
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;
Pursuant to the Government's Decree No. 170/2003/ND-CP of December 25, 2003,
detailing the Price Ordinance, and Decree No.75/2008/ND-CPofJune 9, 2008,
amending and supplementing a number of articles of the Government's Decree No.
170/2003/ND-CP;
Pursuant to the Government's Decree No. 129/2004/ND-CP of December 31, 2004,
detailing and guiding a number of articles of the Accounting Law regarding
business activities;
Pursuant to the Government's Decree No. 84/2009/ND-CP of October 15, 2009, on
petrol and oil trading (below referred to as Decree No. 84/2009/ND-CP);
Considering opinions of the Ministry of Industry and Trade in Official Letter No.
11339/BCT-TTTN of November 10, 2009, on the circular guiding Decree No.
84/2009/ND-CP;
The Ministry of Finance guides the mechanism to form, manage and use the Fund
for petrol and oil price valorization under Decree No. 84/2009/ND-CP as
follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Circular guides the
mechanism to form, manage and use the Fund for petrol and oil price
valorization (below referred to as the price valorization fund).
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This Circular applies to
principal traders of petrol and oil under the Commercial Law; Decree No.
84/2009/ND-CP and other relevant legal documents.
This Circular does not apply to
traders licensed to import, produce and prepare petrol and oil for their own
special use without selling them on the market under law; traders licensed to
import petrol and oil under the Investment Law to be used as samples for
advertisement or for display in fairs and exhibitions, or as refundable or
non-refundable aid; and petrol and oil producers selling petrol and oil to
petrol and oil importers.
Article 3. Interpretation
of terms
In this Circular, the terms
below are construed as follows:
1. Petrol and oil under this
Circular include petrol, diesel oil, kerosene and mazut oil.
2. World petrol and oil prices
means the trading prices of end-product petrol and oil on the international
market announced by Piatt's Singapore.
3. Prime price means the price
used to set the petrol or oil retail price, which has the following
constituents and is determined as (=) {C1F 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. The prime price is calculated on the
average number of days of reserve under Article 22 Decree No. 84/2009/ND-CP.
4. C1F price means the world
petrol or oil price plus (+) insurance plus (+) freight for transportation to
Vietnamese port;
5. Foreign exchange rate used to
calculate the prime price is the average selling rate of US dollar
(USD)-Vietnam dong (VND) applied by commercial banks to principal traders in
conformity with the number of days of reserve under Article 22 of Decree No.
84/2009/ND-CP.
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- The average expense for retail
of petrol, diesel oil and kerosene in the regions nationwide is maximum VND
600/liter;
- The average expense for wholesale
of mazut oil in the regions nationwide is maximum VND 400/kg.
- The Ministry of Finance shall
announce the adjustment of the above maximum business expense norms suitable to
the actual business situation of principal traders in each period.
7. Pre-tax profit norm means
principal traders profit from petrol and oil trading at home for calculation of
the prime price, which has the maximum level of VND 300/liter or kg. Its
adjustment shall be announced by the Ministry of Finance to suit the actual business
situation of principal traders in each period.
Actually earned profits depend
on business results of traders.
Chapter II
SPECIFIC PROVISIONS
Article 4. Mechanism to
form the price valorization fund
1. Principal traders may
implement on their own decision petrol and oil trading modes in compliance with
international practice and law and shall take responsibility for their
production and business efficiency. They shall set aside funds for price
valorization and use these funds only for price valorization under regulations
of competent agencies.
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3. Under the direction of
leaders of the Ministry of Finance and the Ministry of Industry and Trade, the
joint-ministerial (Finance-Industry and Trade) team for petrol and oil price
control shall notify the time to cease the formation of or restore the level of
fund set aside for price valorization for principal traders' compliance in the
following cases:
a/ To set a level of fund set
aside for price valorization lower than the level specified in Clause 2 of this
Article or cease its formation when changes in price constituents cause the
prime price to increase over twelve per cent (> 12%) from current selling
prices or when an increase in petrol and oil prices adversely affects
socio-economic development and people's lives;
b/ When changes in price
constituents cause the prime price to decrease compared to the price before the
cessation of the formation of the fund for price valorization or cause a
decrease in the fund set aside for price valorization under Point a above, the
joint-ministerial team for petrol and oil price control shall notify the time
to restore the fund set aside for price valorization under Clause 2 of this
Article.
4. The total fund set aside for
price valorization shall be determined by the fund set aside for price
valorization specified in Clauses 2 and 3, Article 4 of this Circular
multiplied by (x) the volume of petrol and oil actually sold on the domestic
market during the period of setting aside funds for price valorization.
Article 5. Mechanism to
use the price valorization fund
Principal traders may use the
price valorization fund to valorize petrol and oil prices as follows:
1. When changes in price
constituents cause the prime price to increase between over seven per cent
(> 7%) and twelve per cent (< 12%) from current retail prices, principal
traders may increase sale prices up to seven per cent (< 7%) plus (+) sixty
per cent (60%) of the prime price's actual increase in excess of seven per cent
(> 7%) within the increase limit between over seven per cent (> 7%) and
twelve per cent (< 12%). The remaining forty percent (40%) will be offset by
the price valorization fund;
2. To use the price valorization
fund in the case specified in Clause 1 of this Article in accordance with the
requirement on the minimum interval between two (2) consecutive price
adjustments.
3. When changes in price
constituents cause the prime price to increase over twelve per cent (> 12%)
from current sale prices, principal traders may adjust sale prices under Clause
1 of this Article. For the remaining difference, the Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Industry and Trade in, announcing the application of price valorization
measures through tax policy administration, formation and use of price
valorization funds and other economic-administrative measures under current
law.
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Article 6. Cost
accounting and settlement of the price valorization fund
1. Principal traders shall fully
and accurately account the fund set aside for price valorization into the cost
of goods sold.
2. The price valorization fund
shall be used under Article 5 of this Circular. When using the price
valorization fund, principal traders shall account it as decrease in the cost
of goods sold.
3. Closing a fiscal year,
principal traders may carry forward the balance of the price valorization fund
to the following year.
4. On the 3(),h day of the first
month of the following quarter, principal traders shall submit to the Minisiry
of Finance and the Ministry of Industry and Trade reports on the formation, use
and balance of the price valorization fund of the previous quarter. In special
cases, principal traders shall submit reports at the request of the Ministry of
Finance.
Article 7. Accounting
methods and presentation of financial statements of the price valorization fund
1. To add account 357 - Price
valorization fund
1.1. Account content: Account
357 is used to reflect the current amount, increase and decrease of the price
valorization fund of principal traders. This account must be accounted on a
number of principles under Article 6 of this Circular.
1.2. Structure and content of
account 357 -Price valorization fund:
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Credit: Increase of the price valorization
fund as a result of setting aside funds under current regulations of the State.
Credit balance: Current amount
of the price valorization fund at the time of reporting.
2. Accounting methods to set
aside and use funds for price valorization:
2.1. When setting aside funds
for petrol and oil price valorization under current law, accountants shall
record:
Debit account 632 - Cost of
goods sold
Credit account 357 - Price
valorization fund
2.2. When using the price
valorization fund under law, accountants shall record:
Debit account 357 - Price
valorization fund
Credit account 632 - Cost of
goods sold
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To add the item "Price
valorization fund" -Code 340 - on the balance sheet. This item reflects
the price valorization fund at the time of reporting. The figure to be recorded
in ihis item is the credit balance of account 357 "Price valorization
fund" on the accounting book of account 357.
Chapter III
ORGANIZATION OF
IMPLEMENTATION
Article 8.
Responsibilities of concerned agencies
1. The Corporate Finance
Department shall assume the prime responsibility for, and coordinate with the
Price Administration Department (the Ministry of Finance) in, supervising
revenues, expenditures and balances of the price valorization fund of principal
traders.
2. Under the direction of
leaders of the Ministry of Finance and the Ministry of Industry and Trade, the
Price Administration Department (the Ministry of Finance) shall notify
principal traders of the time to set aside or suspend funds for price
valorization and the fund level under Clauses 2 and 3, Article 4 of this
Circular for compliance.
3. When the joint-ministerial
team for petrol and oil price control detects that a principal trader
unreasonably adjusts the petrol and oil sale price under Clause 9, Article 3,
Chapter I, and Article 27, Chapter IU, of Decree No. 84/2009/ND-CP, and this
Circular, it shall issue a notice to cancel the sale price of this trader and
request it to impose reasonable prices under the above provisions.
4. The Finance Inspectorate (the
Ministry of Finance) shall collect arrears and administratively sanction
violations of regulations on pricing and statistical accounting under current
regulations as follows:
a/ Remitting into the state
budget the amount of difference arisen from principal traders' imposition of
unreasonable prices against the reasonable price under Clause 3 of this Article
on the volume of petrol and oil actually sold during the time of violation.
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- To comply with provisions on
the interval between two price adjustments under Article 27. Chapter III of
Decree No. 84/2009/ND-CP;
- To comply with provisions on
the level of fund set aside for price valorization, the time to suspend or
restore the level of fund set aside for price valorization.
- To use the price valorization
fund according to regulations of competent authorities.
c/ Failing to comply with
provisions on accounting methods to set aside and use funds for price
valorization and presentation of financial statements under Articles 6 and 7,
Chapter II of this Circular.
5. Key traders shall valorize
petrol and oil prices and concurrently set aside, use and account funds for
price valorization and guide the accounting methods to set aside and use funds
for price valorization and present financial statements on the price
valorization fund under this Circular.
Article 9. Effect
1. This Circular takes effect on
December 15. 2009, which is the effective date of Decree No. 84/2009/ND-CP, and
replaces the Finance Ministry's Circular No. 56/2009/TT-BTC of March 23,2009,
guiding the mechanism to form, use and settle the fund for petrol and oil price
valorization, and Circular No. 159/2009/TT-BTC of August 6. 2009, amending and
supplementing Circular No. 56/2009/TT-BTC of March 23, 2009, guiding the
mechanism to form, use and settle the fund for petrol and oil price
valorization.
2. The Directors of the Price
Administration Department, the Corporate Finance Department and the Accounting
and Audit Regime Department, the Chief Inspector of the Ministry of Finance,
principal traders and heads of concerned units shall implement this Circular.
In the course of implementation,
any arising problems should be promptly reported to the Ministry of Finance for
study and appropriate amendment and supplementation.-
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FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Tran Van Hieu