Circular No. 124/2014/TT-BTC stipulates customs procedures for gasoline and diesel oil temporarily imported from abroad to be used for swap with gasoline and diesel oil purchased from the Dung Quat Refinery and re-exported to Laos.

CIRCULAR

Regulations on customs procedures for gasoline and diesel fuel of foreign origin temporarily imported for use in exchange for gasoline and diesel fuel purchased from the Dung Quat oil refinery for re-export to Laos.

foreign gasoline temporarily imported for use in exchange, purchased from the Dung Quat oil refinery, to be re-exported to Laos;

Pursuant to the Law on Export Duties and Import Duties No. 45/2005/QH11 dated June 14, 2005;

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Pursuant to the Customs Law No. 29/2001/QH10 dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Customs Law No. 42/2005/QH11 dated June 14, 2005;

Pursuant to the Government Decree No. 84/2009/NĐ-CP dated October 15, 2009 on gasoline and diesel oil business;

Pursuant to the Law on Export Duties and Import Duties No. 45/2005/QH11 dated June 14, 2005;

Pursuant to the Government Decree No. 187/2013/NĐ-CP dated November 20, 2013 detailing the implementation of the Law on Commerce regarding international trade activities and foreign-related agency purchase, sale, processing, and transit of goods;

Pursuant to Decree No. 87/2010/NĐ-CP dated August 13, 2010 of the Government detailing certain provisions of the Law on Export Duties and Import Duties;

Pursuant to the Government Decree No. 84/2009/NĐ-CP dated October 15, 2009 on trading in gasoline and diesel fuel;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international goods trading activities and related agency buying, selling, processing, and transiting goods with foreign countries;

Pursuant to the Government Decree No. 215/2013/NĐ-CP dated December 23, 2013 on the functions, tasks, powers, and structure of the Ministry of Finance;

Implementing Circular No. 588/TTg-KTTH dated May 8, 2014 of the Prime Minister on the pilot mechanism for temporarily importing and re-exporting gasoline and diesel fuel to Laos;

At the proposal of the Director General of the General Department of Customs,

The Minister of Finance hereby stipulates the customs procedures for gasoline and diesel fuel of foreign origin temporarily imported for use in exchange for gasoline and diesel fuel purchased from the Dung Quat oil refinery for re-export to Laos.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the customs procedures for gasoline and diesel fuel of foreign origin temporarily imported for use in exchange for gasoline and diesel fuel purchased from the Dung Quat oil refinery for re-export to Laos.

Article 2. Applicability

1. Vietnam Oil and Gas Group, Vietnam Oil and Gas Corporation, Vietnam Oil General Corporation (hereinafter referred to as traders).

2. Customs authorities, customs officers.

Chapter II

CUSTOMS PROCEDURES FOR TEMPORARILY IMPORTED GASOLINE AND DIESEL FUEL OF FOREIGN ORIGIN

Article 3. Customs procedures for temporarily imported gasoline and diesel fuel

1. The temporary import procedures for gasoline and diesel fuel of foreign origin shall be carried out in accordance with the provisions of Article 4 and Article 5 of Circular No. 139/2013/TT-BTC dated October 9, 2013 of the Ministry of Finance on customs procedures for exporting, importing, temporarily importing for re-export, transshipment of gasoline and diesel fuel; raw materials imported for production and blending of gasoline and diesel fuel; raw materials imported for processing and export of gasoline and diesel fuel.

2. The tax payment deadline for temporarily imported gasoline and diesel fuel shall be implemented in accordance with the provisions of Article 6 of Circular No. 139/2013/TT-BTC dated October 9, 2013 of the Ministry of Finance.

3. The period for temporarily imported gasoline and diesel fuel of foreign origin to remain in Vietnam shall be implemented in accordance with the provisions of Clause 4, Article 11 of Government Decree No. 187/2013/NĐ-CP dated November 20, 2013 on detailed implementation of the Law on Trade regarding international trade activities and agency purchase, sale, processing, and transit of goods with foreign countries.

Article 4. Settlement of customs declarations for temporary imports

1. Traders are responsible for settling the quantity of gasoline and diesel fuel of foreign origin that has been temporarily imported for use in exchange for gasoline and diesel fuel purchased from the Dung Quat oil refinery for re-export to Laos.

2. The settlement procedure stipulated in Clause 1, Article 4 of this Circular shall be carried out on a per customs declaration basis for temporary imports.

3. Deadline for submitting settlement documents: Not later than 15 days from the date when the temporarily imported gasoline and diesel fuel expires its storage period in Vietnam as stipulated in Clause 3, Article 3 of this Circular.

4. Settlement documents:

a. Documents to be submitted:

a.1. Trader's request for settlement of the temporary import declaration: One original copy;

a.2. Temporary import customs declaration: One original copy;

a.3. Re-export customs declaration: One original copy;

a.4. Monitoring and offset sheet: One original copy;

a.5. Sales contract and Contract Annex (if any): One photocopied copy stamped with the company's confirmation seal;

a.6. Value-added tax invoice for purchasing gasoline and diesel fuel from the Dung Quat oil refinery: One photocopied copy stamped with the company's confirmation seal;

a.7. Sales invoice for gasoline and diesel fuel: One photocopied copy stamped with the company's confirmation seal.

b. In case there are doubts about the photocopied documents, the Customs Branch shall require the trader to present the originals for verification and comparison.

Article 5. Responsibilities of the Customs Sub-department handling temporary import procedures

1. Implement temporary import procedures for gasoline and diesel purchased from abroad according to Article 3 of this Circular and Article 7 of Circular No. 139/2013/TT-BTC dated October 9, 2013 of the Ministry of Finance.

2. Monitor the deadline for traders to submit settlement documents and implement the settlement of temporary import declarations according to Clause 4 of this Circular; handle issues related to tax obligations and violations (if any) according to current regulations.

3. On the last working day of each month, the Customs Sub-department shall report to the Provincial/City Customs Department directly managing about the data on gasoline and diesel purchased from the Dung Quat oil refinery for exchange with gasoline and diesel temporarily imported and re-exported to Laos (using the HQ01-CCTKTX form issued together with this Circular).

4. Each quarter, on the 15th day of the first month of the following quarter, the Provincial/City Customs Department shall base on the reports about the data on gasoline and diesel purchased from the Dung Quat oil refinery for exchange with gasoline and diesel temporarily imported and re-exported to Laos submitted by the Customs Sub-department to compile and report to the General Department of Customs on the aforementioned gasoline and diesel (using the HQ02-CTKTX form issued together with this Circular).

Article 6. Responsibilities of traders regarding temporarily imported gasoline and diesel

1. Implement temporary import procedures for gasoline and diesel purchased from abroad according to Article 3 of this Circular and Clause 1, Clause 2, Article 8 of Circular No. 139/2013/TT-BTC dated October 9, 2013 of the Ministry of Finance.

2. Implement the settlement of temporary import declarations according to Article 4 of this Circular.

3. The gasoline and diesel purchased by traders from the Dung Quat oil refinery for re-exporting to Laos must match the type of gasoline and diesel temporarily imported.

4. In cases where temporarily imported gasoline and diesel are not re-exported or are not fully re-exported, they shall be handled according to Clause 9 of Article 3, Article 15, and Article 18 of Circular No. 139/2013/TT-BTC dated October 9, 2013 of the Ministry of Finance.

5. Each quarter, on the 15th day of the first month of the following quarter, traders shall be responsible for compiling and reporting to the General Department of Customs the data on gasoline and diesel purchased from the Dung Quat oil refinery for exchange with temporarily imported and re-exported gasoline and diesel to Laos (using the HQ03-DNTKTX form issued together with this Circular).

Chapter III

CUSTOMS PROCEDURES FOR RE-EXPORTING GASOLINE AND DIESEL WITH ORIGIN FROM THE DUNG QUAT OIL REFINERY

Article 7. Customs procedures for re-exporting gasoline and diesel

1. Procedures for re-exporting gasoline and diesel purchased from the Dung Quat oil refinery shall be implemented according to Article 10, Point a, Point b, Clause 2, Article 11 of Circular No. 139/2013/TT-BTC dated October 9, 2013 of the Ministry of Finance. Gasoline and diesel re-exported to Laos purchased from the Dung Quat oil refinery must correspond to the actual quantity and type of gasoline and diesel temporarily imported.

2. In addition to the documents required to be submitted according to Point a, Point b, Clause 2, Article 11 of Circular No. 139/2013/TT-BTC dated October 9, 2013 of the Ministry of Finance, traders must also provide the following additional documents:

a. VAT invoice for purchasing gasoline and diesel from the Dung Quat oil refinery: one copy stamped with the confirmation seal of the enterprise;

b. Invoice for purchasing gasoline and diesel: one copy stamped with the confirmation seal of the enterprise.

c. In cases where there are doubts about the copies of documents, the Customs Sub-department may request traders to present the original documents for verification and comparison.

3. The customs declaration must clearly indicate the transaction code as "TX/HDXDTN".

Article 8. Responsibilities of the Customs Sub-department handling the re-export procedures for gasoline and diesel

Implementing the re-export procedures for gasoline and diesel purchased from the Dung Quat oil refinery according to Article 7 of this Circular and Article 12 of Circular No. 139/2013/TT-BTC dated October 9, 2013 issued by the Ministry of Finance.

Article 9. Responsibilities of the Customs Sub-department at the export border gate

The Customs Sub-department at the export border gate shall be responsible for implementing according to Clause 1 and Clause 5 of Article 13 of Circular No. 139/2013/TT-BTC dated October 9, 2013 issued by the Ministry of Finance.

Article 10. Responsibilities of traders regarding the re-export of gasoline and diesel

Implementing the re-export procedures for gasoline and diesel purchased from the Dung Quat oil refinery according to Article 7 of this Circular and Article 14 of Circular No. 139/2013/TT-BTC dated October 9, 2013 issued by the Ministry of Finance.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Circular takes effect from October 15, 2014 until December 31, 2015.

Circular No. 62/2012/TT-BTC dated April 17, 2012 of the Ministry of Finance continues to implement the exchange of gasoline and diesel purchased from the Dung Quat oil refinery for re-export to Laos until the expiration of the temporary import declaration period as stipulated by law.

2. The use of gasoline and diesel purchased from the Dung Quat oil refinery for re-export to Laos in accordance with the quantity and type of fuel temporarily imported from January 1, 2013 to the date this Circular takes effect shall be implemented according to Circular No. 62/2012/TT-BTC dated April 17, 2012 of the Ministry of Finance.

3. Traders shall implement electronic customs procedures for temporarily imported gasoline and diesel subject to re-export according to Circular No. 196/2012/TT-BTC dated November 15, 2012 of the Ministry of Finance on electronic customs procedures for commercial exports and imports or Circular No. 22/2014/TT-BTC dated February 14, 2014 of the Ministry of Finance on electronic customs procedures for commercial exports and imports (in cases where enterprises report through VNACCS/VNIT).

4. The Director General of the General Department of Customs shall be responsible for coordinating with the Vietnam Oil and Gas Group, the Vietnam Oil Trading Corporation, the Vietnam National Oil Corporation, and the Customs Departments of relevant provinces and cities to organize the summary and evaluation of the results of implementing the provisions of this Circular and submit a report to the Ministry of Finance in December 2015.

5. The Director General of the General Department of Customs shall instruct the Directors of the Customs Departments of provinces and cities, the Vietnam Oil and Gas Group, the Vietnam Oil Trading Corporation, and the Vietnam National Oil Corporation to organize management, monitoring, and implementation of the provisions of this Circular.

6. During the implementation process, if related documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new amended, supplemented, or replaced documents.

During the implementation process, if any issues arise beyond the authority to resolve, they should be promptly reported to the Ministry of Finance (through the General Department of Customs) for study and resolution./.