The decision abolishes the fixed commission rate for gasoline products, instead allowing enterprises and agents to negotiate the commission rate in their contracts. At the same time, it strictly prohibits enterprises engaged in importing gasoline and oil from increasing the agent's commission rate, which may cause market instability.
적용 범위
Enterprises engaged in importing gasoline and oil, General Agents, and gasoline selling agents.
핵심 사항
- Enterprises engaged in importing gasoline and oil/General Agents → shall negotiate the commission rate with the selling agents in the contract, without a fixed rate.
- Gasoline selling agents → shall negotiate the commission rate with enterprises engaged in importing gasoline and oil/General Agents.
- Enterprises engaged in importing gasoline and oil → are strictly prohibited from using any form to increase the agent's commission rate, causing market instability.
- Value Added Tax invoice for gasoline delivery → must include all contents as currently prescribed, including the name of the transportation vehicle, the representative receiving gasoline, and the delivery and receipt points at the agent's store/General Agent's warehouse/the warehouse of the delivering party.
- The decision takes effect 15 days after its publication in the Official Gazette.
🌐 이 문서의 사회적 영향
- Positive impact: Reducing costs for enterprises dealing with gasoline, creating a fairer competitive environment.
- Negative impact: It may cause difficulties in managing and controlling gasoline prices if there is no fixed commission rate.
- Enterprises engaged in importing gasoline and oil → reduce cost burdens but must comply with new regulations regarding invoices.
- Gasoline selling agents → increase flexibility in negotiating commission rates with enterprises.
❓ 자주 묻는 질문
How is the agent's commission rate for gasoline products determined?
The agent's commission rate for gasoline products is agreed upon and unified in the contract between the delivering party and the agent.
Can enterprises engaged in importing gasoline and oil increase the agent's commission rate?
No. The decision strictly prohibits these enterprises from using any form to increase the agent's commission rate, causing market instability.
What contents need to be recorded in the Value Added Tax invoice when issuing gasoline to agents?
In the invoice, all contents as currently prescribed must be fully recorded, including the name of the transportation vehicle, the representative receiving gasoline, and the delivery and receipt points at the agent's store/General Agent's warehouse/the warehouse of the delivering party.
When does this decision take effect?
The decision takes effect 15 days after its publication in the Official Gazette.
What actions must enterprises and agents take to comply with this decision?
Enterprises engaged in importing gasoline and oil/General Agents must negotiate the commission rate with the selling agents in the contract, and record all contents as currently prescribed on the invoice when issuing gasoline to the agents.
전문
DECISION OF THE MINISTER OF TRADE
Regarding commission for agency sales of gasoline products
THE MINISTER OF TRADE
Pursuant to Decree No. 29/2004/ND-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;
Pursuant to Circular No. 1447/CP-KTTH dated October 4, 2004 of the Government on managing gasoline and diesel fuel, fertilizers;
Considering the proposal of the Director of the Domestic Market Policy Department,
DECISION:
Article 1. Abolish the commission level for gasoline products prescribed in Decision No. 0676/2004/QĐ-BTM dated May 31, 2004 of the Ministry of Trade; the agency commission for gasoline products shall be agreed upon and recorded in the agency contract between the principal and the agent.
Article 2. Strictly prohibit enterprises engaged in importing gasoline and diesel fuel at the main distribution level from using any form to increase agency commissions, causing market instability, and reducing business efficiency.
- Enterprises engaged in importing gasoline and diesel fuel at the main distribution level/General Agency when issuing Value Added Tax invoices for gasoline sales to agents, all contents must be fully recorded according to current regulations; among which it is mandatory to clearly record: name of transportation means, representative receiving gasoline, and delivery/receipt point of gasoline at the agent's store/General Agency warehouse/principal's warehouse.
Article 3. This Decision takes effect fifteen days from the date of publication in the Official Gazette.
Article 4. The Director of the Domestic Market Policy Department, the Director of the Market Management Department, the Director of Commerce Departments/Commerce and Tourism Departments of centrally administered cities and provinces, enterprises engaged in importing gasoline and diesel fuel at the main distribution level, General Agencies, and gasoline selling agents are responsible for implementing this Decision./.
관계도
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