Decision No. 555/TM-XNK On supplementing the business regulations for temporary importation for re-export (Annexed to Decision No. 1064-TM/PC dated August 18, 1994 of the Ministry of Trade)

Pursuant to …;

Regarding the supplementation of trading regulations for temporary importation with the purpose of re-export

(Annexed to Decision 1064/TM-PC dated August 18, 1994 of the Ministry of Trade)

THE MINISTER OF TRADE

Based on Decree No. 95/CP dated December 14, 1993 of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of Trade;

Based on Point 2, Article 26, Chapter V, Decree No. 33/CP dated April 19, 1994 of the Government on state management over export and import activities;

Based on document No. 365/KTTH dated January 21, 1995 of the Government Office;

To ensure high efficiency in managing and trading petroleum products under the temporary importation for re-export scheme;

After consulting the opinions of the Ministry of Finance and the General Department of Customs;

DECISION:

Article 1. Cases of purchasing petroleum products from abroad with the purpose of reselling to the entities specified in Article 2 and according to the provisions of this Decision shall be considered as trading under the temporary importation for re-export scheme for petroleum products.

Article 2. Purchasers of petroleum products:

1. Foreign enterprises (using petroleum products outside the territory of Vietnam).

2. Enterprises located in export processing zones.

3. Foreign aircraft operating on international routes landing in Vietnam.

4. Foreign vessels docking at Vietnamese ports.

Article 3. Enterprises acting as principal importers of petroleum products are permitted to engage in trading under the temporary importation for re-export scheme for petroleum products.

In special cases, enterprises not acting as principal importers but having the function of trading in petroleum products, if they have the need to temporarily import petroleum products for re-export, will be considered and resolved by the Ministry of Trade and provided with specific guidance.

Article 4. Documents for procedures:

1. At the Ministry of Trade:

1.1 Letter requesting permission for temporary importation of petroleum products for re-export

1.2 For cases of purchasing petroleum products from one country to sell to another country: Import contract (signed by a Vietnamese enterprise with an exporting company) and export contract (signed by a Vietnamese enterprise with an importing company). For cases of purchasing petroleum products from one country to sell to enterprises located in export processing zones: Import contract (signed by a Vietnamese enterprise with an exporting company) and sales contract (signed by a Vietnamese enterprise with an enterprise authorized to produce and trade within the export processing zone). For cases of purchasing petroleum products from one country to sell to foreign aircraft operating on international routes landing in Vietnam: Import contract (signed by a Vietnamese enterprise with an exporting company) and sales contract or equivalent agreements (signed by a Vietnamese enterprise with international airlines). For cases of purchasing petroleum products from one country to sell to foreign vessels docking at Vietnamese ports: Import contract (signed by a Vietnamese enterprise with an exporting company) and proposed sale of petroleum products to foreign vessels by the enterprise's director. The Ministry of Trade will issue a document permitting the enterprise to carry out temporary importation for re-export when the enterprise has valid documents.

2. At the Export-Import Permit Office (Ministry of Trade):

2.1 Document from the Ministry of Trade permitting the enterprise to carry out temporary importation for re-export of petroleum products.

2.2 Import contract and export contract or sales contract or proposed sale of petroleum products (as stipulated in Clause 1.2, Article 4). If the documents are valid, the Export-Import Permit Office will issue a temporary import permit, a re-export permit (for entities 1 and 2 specified in Article 2) or a multiple-use re-export permit valid for six months (for entities 3 and 4 specified in Article 2). In cases where domestic consumption petroleum products and re-exported petroleum products are imported on the same means of transport, the enterprise must submit separate applications for two permits: an import permit for domestic consumption and a temporary import permit for re-export. The re-export price stated in the re-export permit may be a provisional price agreed upon in the export contract. When handling re-export procedures at Customs, the enterprise is responsible for presenting valid documentation regarding the final re-export price (Appendix to the contract or purchase order).

3. At Customs: Follow the regulations of the General Department of Customs.

Article 5. Other provisions:

1. Enterprises are permitted to import gasoline and diesel in large consignments at one border gate and are allowed to re-export in small consignments from domestic storage facilities for the entities specified in Article 2, in accordance with the quantities and types recorded on the re-export permit.

2. Enterprises engaged in temporary import for re-export of gasoline and diesel shall be responsible for fulfilling their tax obligations under the current Export Tax Law and Import Tax Law.

Article 6. Cases that have been approved by the Ministry of Trade to operate under the temporary import for re-export scheme of gasoline and diesel after August 18, 1994 shall be implemented in accordance with Articles 4 and 5 of this Decision.

Provisions not mentioned in this document shall be implemented according to the Regulation issued together with Decision No. 1064/TM-PC dated August 18, 1994 of the Ministry of Trade. This Decision takes effect from July 1, 1995. Heads of functional agencies under the Ministry of Trade are responsible for enforcing and guiding the implementation of this Decision.

This Decision takes effect from July 1, 1995.

Heads of functional agencies under the Ministry of Trade are responsible for enforcing and guiding the implementation of this Decision./.