Circular No. 62/2012/TT-BTC stipulates customs procedures for gasoline and diesel fuel temporarily imported from abroad for exchange with gasoline and diesel fuel purchased from the Dung Quat oil refinery for re-export 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. temporarily imported from abroad for

use in exchange for gasoline, 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 Law on Export Tax and Import Tax No. 45/2005/QH11 dated June 14, 2005;

Pursuant to the Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006;

Pursuant to the Government Decree No. 12/2006/NĐ-CP dated January 23, 2006 detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;

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 the Government Decree No. 118/2008/NĐ-CP dated November 27, 2008 stipulating the functions, tasks, powers, and structure of the Ministry of Finance;

To implement Circular No. 2434/TTg-KTTH dated December 26, 2011 of the Prime Minister concerning the temporary import and re-export of petroleum products 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 oil of origin purchased from abroad temporarily imported for use in exchange for gasoline and diesel oil purchased from the Dung Quat 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 General Corporation (Vietnam Oil and Gas Group), Vietnam Oil and Gas Corporation (hereinafter referred to as the Trader).

2. Customs Authority.

Chapter II

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

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

1. The temporary import procedures for gasoline and diesel oil of foreign origin shall be carried out in accordance with Article 3 and Article 4 of Circular No. 165/2010/TT-BTC dated October 26, 2010 of the Ministry of Finance on customs procedures for export, import, temporary import for re-export, transshipment of gasoline and diesel oil; import of raw materials for production and blending of gasoline and diesel oil; import of raw materials for processing and exporting gasoline and diesel oil.

2. The period during which gasoline and diesel oil of foreign origin temporarily imported may remain in Vietnam shall be implemented in accordance with Clause 3, Article 2 of Circular No. 165/2010/TT-BTC dated October 26, 2010 of the Ministry of Finance.

3. The customs declaration must clearly indicate the transaction code as "TN/HDXDTX".

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

3. The deadline for submitting the liquidation dossier: not later than 15 days from the date the retention period in Vietnam ends as specified in Clause 2, Article 3 of this Circular.

4. Liquidation dossier

a) Trader's request for liquidation of the temporary import declaration: one original copy;

b) Temporary import customs declaration: one original copy;

c) Re-export customs declaration: all original copies;

d) Monitoring and offset record: one original copy;

e) Trader's purchase contract for gasoline and diesel oil with the Dung Quat Refinery: one original copy;

f) Invoice for the purchase of gasoline and diesel oil: one original copy.

Article 5. Responsibilities of the Trader for temporarily imported gasoline and diesel oil

1. Implement the temporary import procedures for gasoline and diesel oil of foreign origin in accordance with Article 3 of this Circular and Clauses 1, 2, and 3 of Article 6 of Circular No. 165/2010/TT-BTC dated October 26, 2010 of the Ministry of Finance.

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

3. In cases where the type of temporarily imported gasoline and diesel oil does not match the type purchased from the Dung Quat Refinery for re-export to Laos, the Trader must carry out the temporary import procedures for gasoline and diesel oil of the correct type for re-export to Laos.

4. In cases where temporarily imported gasoline and diesel oil do not match the type, quantity, or are not fully re-exported or not re-exported at all, they shall be transferred for domestic consumption, and the Trader shall comply with the provisions of Article 2 of Circular No. 126/2011/TT-BTC dated September 7, 2011 of the Ministry of Finance.

Article 6. Responsibilities of Customs Authorities

1. For the Customs Sub-Department handling temporary import procedures for gasoline and diesel

a) Implement temporary import procedures for gasoline and diesel purchased from abroad according to Article 3 of this Circular and Article 5 of Circular No. 165/2010/TT-BTC dated October 26, 2010 of the Ministry of Finance;

b) Monitor the deadline for submitting settlement documents by traders and implement the settlement of temporary import declarations according to Article 4 of this Circular; handle issues related to tax obligations and violations (if any) according to current regulations;

c) On the 30th day of each month, the Customs Sub-Department shall report to the Provincial/City Customs Department directly managing it on the results of settling temporary import declarations (using the HQ 01-CCTKTKTN form issued together with this Circular).

2. For the Provincial/City Customs Department

Each quarter, on the 5th day of the first month of the following quarter, the Provincial/City Customs Department shall base its report on the results of settling temporary import declarations for gasoline and diesel submitted by the Customs Sub-Department responsible for compiling and reporting to the General Department of Customs the results of settling temporary import declarations (using the HQ 02-CTKTKTN form issued together with this Circular) and attaching reports on the results of settling temporary import declarations from the Customs Sub-Department.

Chapter III

CUSTOMS PROCEDURES FOR REEXPORTING GASOLINE AND DIESEL WITH ORIGIN FROM THE DUNG QUAT OIL REFINERY HAVING AN ORIGIN OF BEING PURCHASED FROM THE DUNG QUAT OIL REFINERY PLANT

Article 7. Customs Procedures for Reexporting Gasoline and Diesel

1. The reexport procedures for gasoline and diesel purchased from the Dung Quat Oil Refinery shall be carried out according to the provisions of Article 8, Point 2.1, 2.2, Clause 2, Article 9 of Circular No. 165/2010/TT-BTC dated October 26, 2010 of the Ministry of Finance. Gasoline and diesel reexported to Laos must match the actual quantity and type of gasoline and diesel temporarily imported.

2. In addition to the documents required under Point 2.1, 2.2, Clause 2, Article 9 of Circular No. 165/2010/TT-BTC dated October 26, 2010 of the Ministry of Finance, traders must also submit the following documents:

a) A copy of the trader's purchase contract with the Dung Quat Oil Refinery: one certified true copy (the original contract between the trader and the Dung Quat Oil Refinery must be presented for customs officials to check against the certified true copy);

b) Purchase invoice: one original.

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

Article 8. Responsibilities of Traders for Reexporting Gasoline and Diesel

Implement reexport procedures for gasoline and diesel purchased from the Dung Quat Oil Refinery according to the provisions of Article 7 of this Circular and Article 12 of Circular No. 165/2010/TT-BTC dated October 26, 2010 of the Ministry of Finance.

Article 9. Responsibilities of Customs Authorities

1. For the Customs Sub-Department handling reexport procedures for gasoline and diesel

a) Implement reexport procedures for gasoline and diesel purchased from the Dung Quat Oil Refinery according to the provisions of Article 7 of this Circular and Article 10 of Circular No. 165/2010/TT-BTC dated October 26, 2010 of the Ministry of Finance;

b) On the 30th day of each month, the Customs Sub-Department shall report to the Provincial/City Customs Department directly managing it on the results of implementing reexport procedures for gasoline and diesel to Laos (using the HQ 03-CCTTTX form issued together with this Circular).

2. For the Provincial/City Customs Department

Each quarter, on the 5th day of the first month of the following quarter, the Provincial/City Customs Department shall base its report on the results of implementing reexport procedures for gasoline and diesel to Laos submitted by the Customs Sub-Department responsible for compiling and reporting to the General Department of Customs the results of implementing reexport procedures for gasoline and diesel to Laos (using the HQ 04-CTTTX form issued with this Circular) and attaching reports on the results of implementing reexport procedures for gasoline and diesel to Laos from the Customs Sub-Department.

3. For the Border Gate Customs Sub-Department

The Border Gate Customs Sub-Department (where gasoline and diesel cross the border) shall implement according to the provisions of Clause 1, Clause 3, Article 11 of Circular No. 165/2010/TT-BTC.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from June 1, 2012 until December 31, 2012.

For temporary import declarations "TN/HDXDTX" registered during the effective period of this Circular, the exchange of gasoline and diesel purchased from the Dung Quat Oil Refinery for reexport to Laos will continue until the end of the settlement period of the temporary import declaration according to the law.

2. The Director of the General Department of Customs shall be responsible for organizing and coordinating with Vietnam Oil Corporation (Vietnam Oil and Gas Group), Vietnam Oil and Gas Corporation, and relevant Provincial/City Customs Departments to evaluate the implementation of the provisions of this Circular and submit a report to the Ministry of Finance in December 2012.

3. The Director of the General Department of Customs shall instruct the Directors of Provincial/City Customs Departments, Vietnam Oil Corporation (Vietnam Oil and Gas Group), and Vietnam Oil and Gas Corporation to organize management, monitoring, and implementation of the provisions of this Circular.

During the implementation process, if any difficulties arise beyond their authority to resolve, they are requested to promptly reflect them to the Ministry of Finance (through the General Department of Customs) for study and resolution./.