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THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
123/1999/QD-BTM
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Hanoi, February
04, 1999
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DECISION
SUPPLEMENTING THE
REGULATION ON BUSINESS MODE OF TEMPORARY IMPORT FOR RE-EXPORT ISSUED TOGETHER
WITH DECISION No. 1311/1998/QD-BTM OF OCTOBER 31, 1998 OF THE MINISTRY OF TRADE
THE MINISTER OF TRADE
Pursuant to Decree No. 95-CP of December 4,
1993 of the Government stipulating the functions, tasks, powers and
organizational structure of the Ministry of Trade;
Pursuant to Decree No. 57/1998/ND-CP of July 31, 1998 of the Government
detailing the implementation of provisions of the Commercial Law concerning the
goods export, import, processing and purchase and sale agency activities with
foreign countries;
Considering the particular character of petrol and oil items;
DECIDES:
Article 1.- To issue
together with this Decision the Business Regulation on temporary import for
re-export of petrol and oil in supplement to the Regulation on Business Mode of
Temporary Import for Re-export, issued together with Decision
No.1311/1998/QD-BTM of October 31, 1998 of the Ministry of Trade.
Article 2.- This Decision
takes effect 15 days after its signing and replaces Decision No.555/TM-XNK of
June 28, 1995 of the Minister of Trade on the supplements to the Regulation on
business mode of temporary import for re-export.
Article 3.- The enterprises
engaged in temporary import for re-export of petrol and oil and the directors
of the relevant departments shall have to implement this Decision.
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FOR THE MINISTER OF
TRADE
VICE MINISTER
Luong Van Tu
THE BUSINESS REGULATION
ON
TEMPORARY IMPORT FOR RE-EXPORT OF PETROL AND OIL
(Issued
together with Decision No.0123/1999/QD-BTM of February 4, 1999 of the Minister
of Trade)
I. GENERAL PROVISIONS
Article 1.- The petrol and
oil goods items of specified in this Regulation include: petrol, diesel,
kerosene, flight fuels (ZA1, TC1) and fuel oil.
Article 2.- The temporary
import for re-export of petrol and oil prescribed in this Regulation means that
a Vietnamese enterprise buys petrol and oil from a foreign country to sell them
to enterprises of another country, and fills in the procedures for the import
of petrol and oil into Vietnam and for their export out of Vietnam.
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1. Enterprises in export processing zones and
export processing enterprises located in industrial parks and hi-tech parks;
2. Airplanes of the Vietnamese airlines flying
on international routes and airplanes of the foreign airlines landing in
Vietnam;
3. Foreign sea-going ships calling at Vietnamese
ports.
Article 3.- Enterprises shall be entitled to conduct
temporary import for re-export of petrol and oil after obtaining the Ministry
of Trade’s written permits.
1. The enterprises designated to import petrol
and oil shall be entitled to sign contracts for the import and export of petrol
and oil before obtaining the Ministry of Trade’s permits.
2. Other enterprises that have the function of
trading in petrol and oil as stipulated in their business registration
certificates, if wishing to conduct the business of temporary import for
re-export of petrol and oil, shall be considered and permitted by the Ministry
of Trade on case-by-case basis.
II. THE PROCEDURES TO APPLY FOR TEMPORARY
PETROL-OIL IMPORT-FOR-RE-EXPORT PERMITS
Article 4.- The Ministry of
Trade shall grant permits for temporary import for re-export of petrol and oil
to the enterprises specified in Clause 1, Article 3 on the basis of following
dossiers:
1. Official dispatch applying for a permit for
temporary import for re-export of petrol and oil, clearly stating the quantity
and category of petrol and oil to be temporarily imported for re-export, the
customer(s), border-gate for temporary import and that for re-export,
performance duration,...
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3. Contract(s) for sale of petrol and oil signed
with enterprise(s) (in cases the petrol and oil are sold to foreign enterprises
or to subjects specified in Clause 1, Article 2), or signed with airlines (in
cases the petrol and oil are sold to subjects specified in Clause 2, Article
2), and sale plan proposed by the enterprise’s director (in cases petrol and
oil are sold to subjects specified in Clause 3, Article 2).
- In cases where petrol and oil are sold to
subjects specified in Clause 1, Article 2, the competent agency�s written
approval of the import of petrol and oil in service of the enterprises’
production and business activities is required.
The Ministry of Trade shall grant permits for
temporary import for re-export of petrol and oil to the enterprises within 7
working days after receiving the complete and valid dossiers.
Article 5.- The enterprises
mentioned in Clause 2, Article 3, that wish to conduct the business of
temporary import for re-export of petrol and oil shall have to send their
documents to the Ministry of Trade, clearly explaining their business plans and
performance capability, thus ensuring efficiency, safety and compliance with
regulations.
Within 7 working days after receiving the
written requests from the enterprises, the Ministry of Trade shall grant
written permits to enterprises to sign sale and purchase contracts or notify
reason(s) for refusal to grant permits.
III. THE REGULATIONS ON EFFECTING TEMPORARY
IMPORT FOR RE-EXPORT OF PETROL AND OIL
Article 6.- Payments for
re-exported petrol and oil shall be made via banks in freely convertible
foreign currency(ies) in strict accordance with the State’s current regulations
on foreign exchange management.
Article 7.- Enterprises
shall be permitted to temporarily import petrol and oil in a big lot and
re-export them in the whole lot or in small lots from domestic depots in strict
accordance with their temporarily imported volumes and categories.
Article 8.- For the
enterprises designated to import petrol and oil, their actually re-exported
petrol and oil volume must not be 10% lower than the temporarily imported
volume. For such petrol and oil volume difference, taxes and other levies must
be fully paid as for petrol and oil imported for domestic consumption, and
shall be accounted into the import quotas of petrol and oil of the same
category annually allocated by the Ministry of Trade to the enterprises.
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Article 9.- The dossier to
be submitted to the customs authority for carrying out the procedures for
temporary import for re-export of petrol and oil shall comprise:
1. The purchase contract, the sale contract
(copies with the enterprise”s certification).
2. The Ministry of Trade’s written permit for
the enterprise to temporarily import petrol and oil for re-export (copy with
the enterprise’s certification).
3. The vouchers related to the goods forwarding
according to the customs regulations.
In cases where enterprises, basing themselves on
the Ministry of Trade’s written permits, authorize their attached enterprises
or affiliates to carry out the procedures for temporary import for re-export of
petrol and oil, such attached enterprises or affiliates shall have to produce
valid authorization papers which clearly state the volume and category of
petrol and oil they are authorized to temporarily import for re-export.
IV. IMPLEMENTATION PROVISIONS
Article 10.- The
enterprises that have already been permitted to conduct business of temporary
import for re-export of petrol and oil shall have to make reports every 3
months, 6 months, 9 months and annually on their performance according to the
set form.
Article 11.- Other matters
related to the temporary import for re-export business which are not mentioned
in this Regulation shall comply with the Regulation on the business mode of
temporary import for re-export issued together with Decision
No.1311/1998/QD-BTM of October 31, 1998 of the Minister of Trade.
Article 12.- This
Regulation takes effect 15 days after its issuance and replaces the Regulation
issued together with Decision No.555/TM-XNK of June 28, 1995 of the Minister of
Trade supplementing the Regulation on the business mode of temporary import for
re-export.-
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FOR THE MINISTER OF
TRADE
VICE MINISTER
Luong Van Tu