Decision No. 715/2004/QĐ-BTM On Issuing the Management Regulations for Importing Raw Materials for Production and Blending of Petroleum Products

Pursuant to …;

Regarding the issuance of regulations on the management of importation of raw materials for production and blending of petroleum products

for producing and blending petroleum products

_________________

THE MINISTER OF TRADE

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Trade regarding export, import, processing, and agency sales of goods with foreign countries;

Pursuant to the business management regulations for petroleum products issued together with Decision No. 187/2003/QĐ-TTg dated September 15, 2003 of the Prime Minister;

After consultation with the Ministry of Science and Technology,

DECISION:

Article 1. These regulations on the management of importation of raw materials for production and blending of petroleum products are hereby promulgated together with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette..

Article 3. Enterprises importing raw materials for production and blending of petroleum products. Heads of relevant units are responsible for implementing this Decision.

Chapter I GENERAL PROVISIONS

Article 1. Raw materials referred to in these regulations include crude oil (crude form of oil), condensate... belonging to Group 2709, high octane gasoline and gasoline additives belonging to Group 2710 of the current preferential import tariff schedule, imported for the purpose of producing and blending petroleum products.

Article 2. Raw materials imported for the production and blending of petroleum products for domestic use shall be included in the annual supply-demand balance. The importation of raw materials for the production and blending of petroleum products shall be carried out within the quota assigned by the Ministry of Trade.

Article 3. Only enterprises holding a Business License for Importing Petroleum Products and a Certificate of Technical Conditions for Production and Blending of Petroleum Products shall be allocated quotas for importing raw materials for the production and blending of petroleum products.

The Certificate of Technical Conditions for Production and Blending of Petroleum Products shall be issued by the Ministry of Science and Technology. Enterprises shall only allocate quotas for importing types of raw materials specified in the Certificate of Technical Conditions for Production and Blending of Petroleum Products.

Article 3. Enterprises importing raw materials for production and blending of petroleum products. Heads of relevant units are responsible for implementing this Decision.

REGULATIONS On the Management of Importation of Raw Materials for Production and Blending of Petroleum Products (issued together with Decision No. 715/2004/QĐ-BTM dated June 7, 2004 of the Ministry of Trade)

Chapter II MANAGEMENT OF IMPORTATION AND USE OF RAW MATERIALS FOR PRODUCTION AND BLENDING OF PETROLEUM PRODUCTS AND CIRCULATION OF PRODUCTS

Article 4. The Ministry of Trade shall allocate quotas for the importation of raw materials for production and blending of petroleum products based on the following documents:

a. A letter requesting allocation of quotas from the enterprise (in accordance with the model attached as Appendix 1).

b. A Certificate of Technical Conditions for Production and Blending of Petroleum Products (a copy provided by the enterprise and the original for verification).

Chapter c. A Business License for Importing Petroleum Products (a copy provided by the enterprise).

Article 5. Import duties on raw materials for production and blending of petroleum products and other taxes and fees (if applicable) shall be implemented in accordance with the guidance of the Ministry of Finance.

Article 6. Imported raw materials may only be used for the production and blending of petroleum products and not for other purposes.

Article 7. Petroleum products produced and blended from imported raw materials may only participate in circulation in the domestic market after fully complying with the current regulations on the quality management of goods of the State. The business operation of petroleum products shall be carried out in accordance with the Regulations on Agency Sales of Petroleum Products issued pursuant to Decision No. 1505/2003/QĐ-BTM dated November 17, 2003 of the Minister of Trade.

Article 8. The export of gasoline and diesel produced or blended from imported raw materials shall be carried out when there is a permit document issued by the Ministry of Trade.

Chapter III IMPLEMENTATION PROVISIONS

Article 9. Enterprises importing raw materials for production and blending of gasoline and diesel shall be responsible for implementing current regulations on import and export management, quality, selling price of gasoline and diesel, and other relevant current regulations.

Article 10. Annually, enterprises shall report to the Ministry of Trade and the Ministry of Finance the results of their implementation of importing raw materials and producing and blending gasoline and diesel (in accordance with the form attached at Appendix 2).

Article 11. Enterprises importing raw materials for production and blending of gasoline and diesel that violate the provisions of this Regulation shall be subject to administrative penalties in the field of trade and according to the current laws, depending on the level of violation.