Circular No. 11/2022/TT-BCT stipulates the allocation of tariff quotas for sugar imports through auctioning. This Circular details procedures, responsibilities of the Auction Committee and participating traders, as well as the handling of auction fees.
적용 범위
Traders, agencies, and organizations related to sugar imports
핵심 사항
- Tariff quotas for sugar imports are allocated through auctioning
- Participating traders must pay a bid deposit and subsequently the auction winning price
- The auction results will be nullified if they cause damage or affect the interests of the State, rights, and legitimate interests of individuals and organizations
- All proceeds from the auction of tariff quotas for sugar imports, after deducting expenses, shall be deposited into the state budget.
- This Circular takes effect from August 12, 2022
🌐 이 문서의 사회적 영향
- Enhance transparency and competition in the allocation of tariff quotas for sugar imports
- Ensure the interests of the State, rights, and legitimate interests of individuals and organizations
- Ensure state budget revenue from auction activities
❓ 자주 묻는 질문
What should traders prepare for participation in the auction?
Traders need to prepare registration documents for participating in the auction as prescribed in Article 11 of this Circular, including information about the trader, sugar usage needs for production, and bidding prices.
If not successful in the auction, can the bid deposit be refunded?
Traders who meet the conditions for participating in the auction but do not win will have their bid deposits refunded within five working days after the auction ends.
How is the money obtained from the auction of tariff quotas for sugar imports used?
All proceeds, after deducting costs for organizing the auction, shall be deposited into the state budget in accordance with the laws on the state budget.
전문
CIRCULAR
Regulations on the allocation of import tariff quotas for sugar through auction methods
for sugar products through auction methods
Pursuant to the WTO Import Licensing Agreement;
Pursuant to the Law on Foreign Trade Management 2017;
Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;
At the proposal of the Director of the Department of Import-Export;
The Minister of Industry and Trade issues this Circular stipulating the allocation of import tariff quotas for sugar through auction methods.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
Article 1. This Circular sets forth the principles, procedures, and formalities for the allocation of import tariff quotas for sugar (refined sugar and raw sugar) with HS code 17.01 through auction methods.
Article 2. The allocation of import tariff quotas for sugar (refined sugar and raw sugar) with HS code 17.01 through other methods shall be carried out in accordance with Circular No. 12/2018/TT-BCT dated June 15, 2018, issued by the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018, issued by the Government detailing certain provisions of the Law on Foreign Trade Management.
Article 2. Applicability
Chapter 1. Trading entities participating in the allocation of import tariff quotas for sugar through auction methods.
Chapter 2. Agencies, organizations, and individuals related to the allocation of import tariff quotas for sugar through auction methods.
Article 3. Trading entities participating in the allocation of import tariff quotas for sugar through auction methods
Direct users of sugar as raw material for production and traders using raw sugar to produce refined sugar may register to participate in the allocation of import tariff quotas for sugar through auction methods. Accordingly:
Point 1. Traders using raw sugar to produce refined sugar may only register to allocate import tariff quotas for raw sugar through auction methods.
Point 2. Direct users of sugar as raw material for production may only register to allocate import tariff quotas for refined sugar.
Article 4. Quantity of import tariff quotas for sugar allocated and timing of allocation through auction methods
Clause 1. The Ministry of Industry and Trade will announce the quantity of import tariff quotas for sugar allocated through auction methods after receiving the notification document from the Ministry of Agriculture and Rural Development deciding on the quantity of import tariff quotas for sugar, based on the supply and demand situation of sugar at each time point.
Clause 2. The Ministry of Industry and Trade will determine the timing of allocating import tariff quotas for sugar through auction methods based on discussions with the Ministry of Agriculture and Rural Development and the Ministry of Finance.
Article 5. Principles for the allocation of import tariff quotas for sugar through auction methods
Clause 1. The decision of the Ministry of Agriculture and Rural Development regarding the quantity and volume of import tariff quotas for sugar must ensure transparency and fairness in accordance with Clause 3, Article 21 of the Law on Foreign Trade Management before sending it to the Ministry of Industry and Trade for announcement.
Clause 2. Based on the notification document from the Ministry of Agriculture and Rural Development deciding on the quantity and volume of import tariff quotas for sugar, the Ministry of Industry and Trade will decide on the allocation of import tariff quotas for sugar according to the provisions of this Circular, ensuring transparency, fairness, and objectivity.
Clause 3. Import tariff quotas for sugar shall not apply to quantities and volumes of imported sugar used for production and processing for export.
Clause 4. The Ministry of Industry and Trade will establish an Allocation Council for Import Tariff Quotas for Sugar through Auction Methods (hereinafter referred to as the Auction Council) to oversee the allocation process. The members of the Auction Council include: the leadership of the Ministry of Industry and Trade (as Chairman of the Council), representatives from the Ministries of Industry and Trade, Agriculture and Rural Development, Justice, and Finance as Council members.
Article 6. Rights and Obligations of Merchants Participating in the Allocation of Import Tariff Quotas for Sugar through Auctioning
1. The rights of merchants participating in the allocation of import tariff quotas for sugar through auctioning include the following:
a) Registering to participate in the allocation of import tariff quotas for sugar through auctioning.
b) Participating in the allocation of import tariff quotas for sugar through auctioning after being announced by the Auction Council as meeting the provisions set forth in this Circular.
2. The obligations of merchants participating in the allocation of import tariff quotas for sugar through auctioning include the following:
a) Strictly implementing the provisions set forth in this Circular.
b) Paying the bid deposit before participating in the allocation of import tariff quotas for sugar through auctioning. The amount of the bid deposit is specified in Clause 2, Article 10 of this Circular.
Article 7. Rights and Obligations of Merchants Receiving the Allocation of Import Tariff Quotas for Sugar through Auctioning
1. The rights of merchants receiving the allocation of import tariff quotas for sugar through auctioning (hereinafter referred to as winning merchants of import tariff quotas for sugar through auctioning) include the following:
a) Receiving the notification document on the allocation of import tariff quotas for sugar from the Ministry of Industry and Trade after paying the full winning bid amount.
b) Importing sugar directly or entrusting another merchant to import according to current laws.
2. The obligations of winning merchants of import tariff quotas for sugar through auctioning include the following:
a) Depositing the winning bid amount into the account of the Ministry of Industry and Trade within five working days from the date of announcing the auction results on the Ministry of Industry and Trade's electronic portal (www.moit.gov.vn). The specific account for depositing money is stipulated in Clause 2, Article 16 of this Circular.
b) Submitting proof of payment of the winning bid amount to the standing committee of the Auction Council (Department of Import-Export, Ministry of Industry and Trade - address: 23 Ngo Quyen, Hoan Kiem, Hanoi).
3. Merchants who receive the notification document on the allocation of import tariff quotas for sugar from the Ministry of Industry and Trade are only allowed to import sugar for production purposes; they are not permitted to buy, sell, or transfer import tariff quotas for sugar.
Chapter II
PROCEDURES AND FORMALITIES FOR ALLOCATING IMPORT TARIFF QUOTAS FOR SUGAR THROUGH AUCTIONING
Section 1
ANNOUNCEMENT OF ORGANIZATION AND PUBLIC DISPLAY REGARDING THE ALLOCATION OF IMPORT TARiff QUOTAS FOR SUGAR THROUGH AUCTIONING
Article 8. Announcement of Organization of the Allocation of Import Tariff Quotas for Sugar through Auctioning
The Auction Council announces the time and location of the planned organization of the Session for the Allocation of Import Tariff Quotas for Sugar through Auctioning (hereinafter referred to as the Auction Session), invites participation, and officially announces procedures on the Ministry of Industry and Trade’s electronic portal, Vietnam Industry News, Vietnam Agriculture News, and Vietnam Financial Times at least twenty-one days prior to conducting the Auction Session.
Article 9. Public Display Regarding the Allocation of Import Tariff Quotas for Sugar through Auctioning
a) The Auction Council publicly displays the organization of the Auction Session for allocating import tariff quotas for sugar at the headquarters of the Ministry of Industry and Trade (address: 23 Ngo Quyen, Hoan Kiem, Hanoi) at least seven working days before conducting the Auction Session.
b) The content of the public display includes: Name and address of the Auction Council; Time and location of the Auction Session; Types of sugar, quantity of import tariff quotas for sugar allocated through auctioning, participants eligible to participate in the allocation through auctioning; Starting price of import tariff quotas for sugar; Deadline and location for submitting applications to participate in the allocation of import tariff quotas for sugar through auctioning; Other related information.
Article 10. Starting price and deposit amount
1. The starting price and bid increment shall be determined by the Auction Committee and announced in detail in the Notice on organizing the auction for allocating import tariff quotas for sugar through the auction method.
The formula for determining the starting price of import tariff quotas for sugar is as follows: Starting price = (Import price - Domestic purchase price) x coefficient X.
Where:
a) The import price is calculated based on the CIF price of refined sugar + insurance fee + import tax + value-added tax + domestic transportation and handling costs (the CIF price of imported refined sugar is referenced from the London market on the day of the Auction Notice issuance).
b) The domestic purchase price is the wholesale selling price of refined sugar delivered at the factory + domestic transportation and handling costs + value-added tax (the wholesale selling price of refined sugar delivered at the factory is determined based on the average price of two regions, South and North, on the day of the Auction Notice issuance).
c) Coefficient X is a variable coefficient, which is determined and announced by the Auction Committee after being approved by the Chairman of the Auction Committee, based on the supply and demand situation of sugar at the time of the auction session.
2. Deposit amount: The deposit amount has a value equivalent to 10% of the value of the quantity of sugar that the trader registers to participate in the allocation through the auction method, calculated based on the starting price.
Section 2
REGISTRATION TO PARTICIPATE IN ALLOCATING IMPORT TARIFF QUOTAS FOR SUGAR THROUGH THE AUCTION METHOD
Article 11. Documents for requesting participation in allocating import tariff quotas for sugar through the auction method
1. Each trader shall submit only one envelope containing the documents for requesting participation in allocating import tariff quotas for sugar through the auction method, including:
a) Bid sheet (according to the Model attached to this Circular). Each trader may submit bids with registered prices equal to or different from each other for one unit price and the maximum registered quantity does not exceed twenty unit prices. Each unit price has a registered quantity of one thousand tons.
The bid sheet shall be placed in a separate envelope, sealed, signed by the trader at the edges of the envelope, and placed inside the envelope containing the documents for requesting participation in allocating import tariff quotas for sugar through the auction method. This bid sheet shall only be opened during the auction session.
b) Certificate of business registration or Certificate of enterprise registration or Investment certificate or equivalent document: One copy, certified and stamped with a true copy stamp by the trader.
c) Proof of deposit payment into the account of the Ministry of Industry and Trade: One copy, certified and stamped with a true copy stamp by the trader.
2. The envelope containing the documents for requesting participation in allocating import tariff quotas for sugar through the auction method shall be sealed tightly, stamped, and clearly marked on the outside of the envelope with the following contents:
a) Documents for requesting participation in allocating import tariff quotas for sugar through the auction method.
b) Trader's name.
c) Detailed contact information of the trader (address, phone number, fax number, email address).
3. Place and time of receipt of documents
a) After receiving the Notice on organizing the auction session, the trader shall send the envelope containing the documents as stipulated in Clause 1 and Clause 2 of this Article via postal service or directly to the permanent office of the Auction Committee (Department of Import-Export - Ministry of Industry and Trade, address 23 Ngo Quyen, Hoan Kiem, Hanoi).
b) The time for receiving documents shall be announced in the Notice inviting participation in allocating import tariff quotas for sugar through the auction method.
c) The time of receipt of documents shall be calculated based on the date stamp of the Ministry of Industry and Trade.
Article 12. Examination of Applications
The Auction Council examines applications and notifies traders of the examination results: eligible to participate, need to supplement applications, or not eligible to participate.
1. The Auction Council notifies traders who are eligible to participate in the allocation of import tariff quotas for sugar through auctioning no later than two working days before the Auction Session (notification may be made in writing or via email, fax).
2. In cases where application supplementation is required, the Auction Council notifies traders to submit supplementary applications to the Auction Council's permanent office no later than three working days before the Auction Session (notification may be made in writing or via email, fax).
3. In cases where traders are not eligible to participate in the auction, the Auction Council notifies them no later than three working days before the Auction Session (notification may be made in writing or via email, fax).
Section 3
ORGANIZATION OF ALLOCATION OF IMPORT TARIFF QUOTAS FOR SUGAR THROUGH AUCTIONING
Article 13. Form of Allocation of Import Tariff Quotas for Sugar Through Auctioning
1. The Auction Session is organized in the form of indirect bidding.
2. Bidding method: increasing bid.
Article 14. Procedure for Allocation of Import Tariff Quotas for Sugar Through Auctioning
1. At the Auction Session, the Auction Council opens the sealed Bid Sheets of traders who are eligible to participate in the allocation of import tariff quotas for sugar through auctioning. Subsequently, the Council announces the entire auction results of all selected traders participating in the Auction Session.
2. The successful bidder is the trader with the Bid Sheet offering the highest price from top to bottom until the total quantity of import tariff quotas for sugar available for auction is reached but not lower than the starting price.
In cases where multiple traders offer the same price with a total quantity of import tariff quotas registered exceeding the remaining quota, the quota will be divided among the traders according to the quantity registered on each Bid Sheet. If the quantity of quota divided is fractional, it will be rounded off or decided upon by the Chairman of the Auction Council.
Article 15. Results of Allocation of Import Tariff Quotas for Sugar Through Auctioning and Cancellation of Auction Results
1. The auction results of all traders along with the list of successful bidders will be announced on the Ministry of Industry and Trade’s electronic portal, Vietnam Industry News, Vietnam Agriculture News, and Vietnam Financial Times immediately following the Auction Session.
2. After the successful bidder has paid the full auction amount as stipulated in point a, Clause 2, Article 7 of this Circular and the Auction Council reports the auction results to the Ministry of Industry and Trade, the Ministry of Industry and Trade issues a notification allocating import tariff quotas for sugar to the successful bidder.
When processing import procedures, in addition to the import documents required under current customs laws, the trader must present the notification of allocation of import tariff quotas for sugar issued by the Ministry of Industry and Trade to the Customs Authority.
3. In cases where the successful bidder does not pay the auction amount as stipulated in point a, Clause 2, Article 7 of this Circular (the payment deadline is when the Ministry of Industry and Trade's account confirms receipt of the money), the notification of the successful bid result will automatically become invalid, and the trader will not be refunded the previously deposited amount.
4. In cases where the successful bidder refuses to accept the successful bid result before the Ministry of Industry and Trade issues a notification allocating import tariff quotas for sugar to the successful bidder, the Auction Council decides to review and approve the supplementary successful bid for the next lowest bidder.
5. In cases where the successful bidder refuses the bid result after the Ministry of Industry and Trade has issued a notification allocating import tariff quotas for sugar to the successful bidder, the trader will not be refunded the entire auction amount already paid.
6. In cases where there is surplus quota due to non-participation in the auction, incomplete participation, or incomplete acceptance of the successful bid, the Auction Council reports to the Ministry of Industry and Trade for the Ministry of Industry and Trade to consider and decide on the continuation of the allocation of import tariff quotas for sugar through auctioning for the remaining quota or cancellation of the remaining quota based on supply and demand conditions for sugar at the end of the auction.
7. The results of allocation of import tariff quotas for sugar through auctioning will be canceled in the following cases:
a) By agreement between the Auction Council and the successful bidder regarding the cancellation of the allocation of import tariff quotas for sugar through auctioning, except in cases causing damage or affecting the interests of the State, the legitimate rights and interests of individuals and organizations.
b) The Auction Council, participating traders, and successful bidders engage in collusion or coordination during the allocation of import tariff quotas for sugar through auctioning, leading to distortion of information on registration for participation in the auction or the auction results.
Article 16. Method of Collecting Auction Proceeds for Import Tariff Quota Sugar
1. The auction proceeds for import tariff quota sugar shall be collected in full at one time before the Ministry of Industry and Trade issues the notification document to allocate the import tariff quota sugar to successful bidders.
2. Successful bidders shall pay the proceeds into the account of the Ministry of Industry and Trade (account name: Office of the Ministry of Industry and Trade, account number 999996739999 at Vietnam Post Joint Stock Commercial Bank - Thanh Nhan Branch, Hanoi).
3. The deadline for successful bidders to pay the auction proceeds for import tariff quota sugar is stipulated in point a, Clause 2, Article 7 of this Circular.
Article 17. Handling of Prepaid Amounts
1. When paying the auction proceeds, the successful bidder's prepaid amount will be deducted from the total auction proceeds payable by the successful bidder.
2. Bidders who meet the conditions to participate in the auction but do not win the auction, and have submitted valid documents according to Article 11 of this Circular but withdraw their participation in the auction at least two working days prior to the auction session, will be refunded the prepaid amount within five working days after the auction session ends, except in cases provided for in Clause 3 of this Article.
3. Bidders who violate regulations on allocating import tariff quota sugar through the auction method as stipulated in this Circular and are therefore ineligible to participate in the auction, those who refuse the auction results before the Ministry of Industry and Trade issues the notification document to allocate the import tariff quota sugar to successful bidders, and successful bidders who do not pay the auction proceeds as stipulated in point a, Clause 2, Article 7 of this Circular will not be refunded the prepaid amount.
Article 18. Management and Use of Auction Expenses
1. Costs incurred for organizing the auction by the Auction Committee shall be deducted from the proceeds obtained from the auction of import tariff quota sugar.
2. The entire auction proceeds, after deducting the costs specified in Clause 1 of this Article, shall be deposited into the state budget in accordance with the laws on the state budget and the guidelines of the Ministry of Finance.
Chapter III
IMPLEMENTATION RESPONSIBILITY
Article 19. Responsibilities of the Committee Allocating Import Tariff Quota Sugar Through Auction
After the auction session concludes, the Auction Committee shall report to the Ministry of Industry and Trade on the results of allocating import tariff quota sugar through the auction method so that the Ministry of Industry and Trade can issue the notification document to allocate the import tariff quota sugar to successful bidders.
Article 20. Implementation
1. Any traders, agencies, organizations, or individuals involved who violate the provisions of this Circular shall be subject to legal sanctions according to the current laws, depending on the nature and severity of the violation.
2. During the implementation process, if there are difficulties, obstacles, or emerging issues, relevant agencies, organizations, and traders should report them to the Ministry of Industry and Trade (Export-Import Department) for timely review and resolution.
Article 21. Effective Date
This Circular takes effect from August 12, 2022.
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N |||o accept: - Prime Minister, Deputy Prime Ministers; - Ministries, agencies equivalent to ministries, and government agencies; ||| - People's Committees of provinces and centrally-administered cities; - Office of the President of the State, - General Secretary's Office; - Central Party Committee Office and Central Economic Commission; - Department of Legal Affairs - Ministry of Justice; - Official Gazette; - Website: Government, Ministry of Industry and Trade; - Departments of Industry and Trade; - Ministry of Industry and Trade: Minister, Deputy Ministers, Departments, Bureaus, subordinate units; - Archive: VT, XNK(5).ntmlinh(20). |
Signed. THE MINISTER DEPUTY MINISTER (Signed) TRAN QUOC KHANH
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"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Appendix
BID SHEET
(Annexed to Circular No. 11/2022/TT-BCT dated June 27, 2022 issued by the Ministry of Industry and Trade on the allocation of import tariff quotas for sugar through the auction method) the 2022
of the Minister of Ministry of Science and Technology The Ministry of Industry and Trade stipulates on the allocation of tariff quotas
for importing sugar products through auction methods)
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NAME OF MERCHANT
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SOCIALIST REPUBLIC OF VIETNAMÒA Respectfully submitted to: Hanoi Stock Exchange Independence - Freedom - Happiness
Hanoi, the ... day of the ... month of 20...2... |
Respectfully,
Committee Allocating Import Tariff Quota Sugar Through Auction
(Address: No. 23 Ngo Quyen Street, Hoan Kiem District, Hanoi)
1. Trader Name:
2. Address:
Telephone: Email:
4. Business Sector: (Specify in detail)
5. Product Name (Refined sugar, candy, soft drinks, etc.): (bcandied fruit, soft drinks, refined sugar, etc.)
Member of Association or Group of Linked Enterprises: (Specify in detail)
7. Annual Sugar Requirement for Production (tons): (Specify in detail)
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No. |
Quantity Registered for Auction (tons) |
Type of Sugar (Raw Sugar, Refined Sugar) |
Bid Price (thousand VND) |
Value of Bid (thousand VND) |
Prepaid Amount (thousand VND) |
|
Unit Price 1 |
1.000 |
|
A |
A x 1.000 |
10% (Starting Price x 1.000) |
|
Unit Price 2 |
1.000 |
|
B |
|
|
|
Unit Price 3 |
1.000 |
|
C |
|
|
|
... |
|
|
|
|
|
|
Unit Price 20 |
1.000 |
|
C |
|
|
|
(thousand dong/year) |
|
|
|
|
|
Note: Total Quantity Registered Not Exceeding 20 Units.
Legal Representative of the Trader (Signature, Full Name, Position, Seal)
DEPUTY MINISTER
DEPUTY MINISTER
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