Circular No. 26/2010/TT-BCT on registering production plans, importing raw materials, and consuming petroleum products

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate the registration of production plans, importation of raw materials, and consumption of petroleum products by petroleum product manufacturers and the registration of importation plans for raw materials to blend petroleum products by petroleum product export and import traders.

Article 2. Applicability

These Circulars apply to petroleum product manufacturers; petroleum product export and import traders, and organizations and individuals related thereto as prescribed in Decree No. 84/2009/NĐ-CP dated October 15, 2009 of the Government on petroleum product trading.

Article 3. Explanation of Terms

Some terms in this Circular are understood as follows:

1. Petroleum product manufacturer means a trader meeting the conditions for petroleum product manufacturing as stipulated in Article 10 of Decree No. 84/2009/NĐ-CP.

2. Petroleum product export and import trader means a trader granted a business license for petroleum product export and import by the Ministry of Industry and Trade.

Chapter II

REGISTRATION OF PRODUCTION PLANS, IMPORTATION OF RAW MATERIALS, AND CONSUMPTION OF PETROLEUM PRODUCTS

Article 4. Registration of Plans

Petroleum product manufacturers shall register their production plans, importation of raw materials, and consumption of petroleum products according to the following provisions:

1. Before October 30 each year, petroleum product manufacturers meeting the conditions for petroleum product manufacturing as stipulated in Article 10 of Decree No. 84/2009/NĐ-CP shall register their production plans, importation of raw materials, and consumption of petroleum products for the following year. The registration dossier shall be submitted to the Ministry of Industry and Trade, including:

a. Four (04) copies of the production plan registration form for importation of raw materials and consumption of petroleum products according to the model attached as Appendix No. 01 to this Circular;

b. One (01) certified copy of the Business Registration Certificate;

c. Documents proving that the trader has a petroleum product manufacturing facility in accordance with the approved planning and investment permission granted by the competent authority;

d. Documents proving that the trader has a testing and measuring laboratory with sufficient capacity to test the quality of manufactured petroleum products in accordance with current standards and technical regulations, as prescribed by the Ministry of Science and Technology.

2. Traders may only register to import types of raw materials specified in Clause 6, Article 3 of Decree No. 84/2009/NĐ-CP, commensurate with their production capacity as stated in their investment permit.

Article 5. Confirmation of Plans

1. After receiving a complete and valid dossier from the trader, within seven (07) working days, the Ministry of Industry and Trade shall confirm the registration of production plans, importation of raw materials, and consumption of petroleum products for the trader to implement. The confirmation document shall be sent to the General Department of Customs for import procedures and control of raw material imports by the trader, and to the General Department of Standard Measurement Quality (Ministry of Science and Technology) for monitoring compliance with the conditions and regulations stipulated in Articles 10 and 11 of Decree No. 84/2009/NĐ-CP. In case of refusal to confirm, the Ministry of Industry and Trade shall notify the trader in writing of the reasons.

2. The Minister of Industry and Trade authorizes the Director of the Import-Export Department to confirm the registration of production plans, importation of raw materials, and consumption of petroleum products.

Chapter III

REGISTRATION OF IMPORTATION PLANS FOR RAW MATERIALS TO BLEND PETROLEUM PRODUCTS

Article 6. Registration of Import Plan

Businesses engaged in export and import of petroleum products that have the need to import raw materials for blending petroleum products shall register their import plan for raw materials for blending petroleum products in accordance with the provisions below:

1. Before October 30 each year, businesses that have the need to import raw materials for blending petroleum products as stipulated in Article 9 of Decree No. 84/2009/NĐ-CP shall register their import plan for raw materials for blending petroleum products for the following year. The registration dossier shall be submitted to the Ministry of Industry and Trade, including:

a. Three (03) copies of the import plan for raw materials for blending petroleum products according to the form attached as Appendix No. 03 to this Circular;

b. One (01) certified copy of the Export and Import License for Petroleum Products;

2. Businesses may only register to import types of raw materials as specified in Clause 6, Article 3 of Decree No. 84/2009/NĐ-CP.

3. The quantity of petroleum raw materials imported for blending products by the business shall be deducted from the minimum annual import quota for petroleum products allocated by the Ministry of Industry and Trade.

Article 7. Confirmation of Plan

1. After receiving complete and valid dossiers from businesses, within seven (07) working days, the Ministry of Industry and Trade shall confirm the registration of the import plan for raw materials for blending petroleum products for the business to implement. The confirmation document shall be sent to the General Department of Customs for procedures and control of the importation of raw materials by the business. In case of refusal to confirm, the Ministry of Industry and Trade shall issue a notification to inform the business of the reasons.

2. The Minister of Industry and Trade delegates the Director of the Department of Import and Export to confirm the registration of the import plan for raw materials for blending petroleum products.

Chapter IV

OTHER PROVISIONS

Article 8. Reporting Responsibilities

1. Businesses producing petroleum products shall be responsible for submitting periodic monthly reports (according to the form attached as Appendix No. 02 to this Circular) on production, import of raw materials, and consumption of petroleum products to the Ministry of Industry and Trade before the 10th day of the following month.

2. Businesses importing raw materials for blending petroleum products shall be responsible for submitting periodic quarterly reports (according to the form attached as Appendix No. 04 to this Circular) on the import of raw materials for blending petroleum products to the Ministry of Industry and Trade before the 10th day of the first month of the following quarter.

Article 9. Other Responsibilities

1. Imported raw materials can only be used for the production and blending of petroleum products at the business's facilities. Any change in the purpose of using raw materials must be approved in writing by the Ministry of Industry and Trade.

2. In cases where businesses fail to comply with the confirmed production plan for petroleum products, they must submit a written report detailing the reasons and request the Ministry of Industry and Trade to confirm the adjustment of the production, import of raw materials, and consumption of petroleum products plans.

3. The export of petroleum products produced by businesses shall be carried out in accordance with the registered consumption plan at the Ministry of Industry and Trade. Exports shall be conducted in accordance with current regulations and consistent with approved investment projects.

4. The import of raw materials for the production and blending of petroleum products, and the consumption of petroleum products shall be carried out in accordance with Decree No. 84/2009/NĐ-CP and other relevant current regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 10. Handling of violations

In cases where businesses violate the provisions of this Circular, penalties will be imposed according to the level of violation under the regulations on administrative sanctions in the field of commerce and in accordance with current laws.

Article 11. Effective Date

1. This Circular takes effect from August 1, 2010.

2. This Circular replaces Circular No. 04/2008/TT-BCT dated April 1, 2008, issued by the Ministry of Industry and Trade, guiding the registration of production plans, processing, import of raw materials, and consumption of petroleum products.

3. During the implementation of this Circular, if any issues arise, organizations and individuals related to it are requested to promptly reflect them to the Ministry of Industry and Trade for study and resolution.