Circular No. 89/2015/TT-BTC guiding the import, export, purchase, and sale of national reserve goods

CIRCULAR

Guidelines for Importing, Exporting, Purchasing, and Selling National Reserve Goods

Pursuant to the Law on National Reserves No. 22/2012/QH13 dated November 20, 2012;

Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing implementation of certain provisions of the Law on Bidding regarding selection of contractors;

Pursuant to the Government's Decree No. 94/2013/NĐ-CP dated August 21, 2013 detailing the implementation of the Law on National Reserves;

Pursuant to the Government's Decree No. 17/2010/NĐ-CP dated March 14, 2010 on auction sales of assets;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director General of the State Treasury Administration;

The Minister of Finance issues this Circular guiding the importing, exporting, purchasing, and selling of national reserve goods.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the activities of importing, exporting, purchasing, and selling national reserve goods (excluding the export of national reserve goods for relief and aid).

Article 2. Applicability

1. Ministries and sectors managing national reserve goods.

2. National reserve units, organizations, and enterprises receiving contracts to store national reserve goods.

3. Organizations and individuals related to the activities of importing, exporting, purchasing, and selling national reserve goods.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Importing national reserve goods is the activity of implementing the decision to import national reserve goods by the competent authority, including all tasks from the issuance of the import decision until the national reserve goods are stored in the reserve warehouse to commence the storage process.

2. Exporting national reserve goods is the activity of implementing the decision to export national reserve goods by the competent authority, including all tasks from the issuance of the export decision until the national reserve goods are transferred onto the receiving party’s means of transport at the entrance of the national reserve warehouse.

Article 4. Principles of Importing and Exporting National Reserve Goods

1. In accordance with plans and decisions of the competent authority.

2. By type, quantity, quality, price, location, time, and the prescribed recipient.

3. Following procedures and formalities and having complete files and certificates as required.

4. Goods are handed over and received on the transporting means of the delivering or receiving party at the entrance of the national reserve warehouse or at the location specified by the competent authority.

5. Goods imported earlier are exported earlier; goods imported later can be exported earlier if authorized by the competent authority.

Chapter II
SPECIFIC PROVISIONS

Section 1
IMPORTING AND EXPORTING NATIONAL RESERVE GOODS

Article 5. Cases of Importing and Exporting National Reserve Goods

1. Importing national reserve goods includes the following cases:

a) Importing additional national reserve goods within the plan index for rotating stock replacement;

b) Importing due to internal transfer of national reserve goods;

c) Increasing national reserve goods when the actual inventory exceeds the accounting records;

d) Importing national reserve goods in other cases.

2. Exporting national reserve goods includes the following cases:

a) Selling national reserve goods within the plan index for rotating stock replacement;

b) Internal transfer of national reserve goods;

c) Exporting national reserve goods during liquidation, destruction, or removal from the detailed list of national reserve goods;

d) Exporting national reserve goods in other cases.

Article 6. Importing and Exporting According to Plan and Rotating Stock Replacement

1. Allocation and assignment of plans for importing and exporting rotating stock replacement.

Annually, based on the Prime Minister's decision regarding the allocation of national reserve plan indices, the head of the ministry or sector managing national reserve goods, or the person authorized by the head of the ministry or sector managing national reserve goods according to the law, is responsible for allocating and assigning plan indices to subordinate national reserve units; for national reserve goods under the management of the Ministry of Finance, the Director of the State Reserves General Department allocates and assigns plan indices to regional State Reserves Bureaus.

2. Implementation of importing and exporting rotating stock replacement.

a) Preparation for importing and exporting national reserve goods:

- Preparation of the warehouse for importing national reserve goods: The warehouse for importing national reserve goods must meet the requirements for storing each type of goods. For enterprises receiving contracts to store, national reserve goods must be stored separately in designated areas or containers.

- Preparation of equipment and facilities for importing and exporting national reserve goods: Equipment and facilities for transferring goods during import and export; measuring and quality inspection equipment for national reserve goods must be fully prepared and calibrated to ensure accurate operation.

- Preparation of equipment and facilities for disaster prevention and firefighting, and prompt resolution of incidents occurring during the import and export of national reserve goods.

- Preparation of manpower for handling national reserve goods.

b) Execution of importing and exporting national reserve goods:

- Prior to importing and exporting, national reserve units and related organizations and individuals must inspect the quality of national reserve goods according to regulations for each type of national reserve goods. It is strictly prohibited to import national reserve goods that do not meet the required quality standards.

- During importing and exporting, national reserve units and related organizations and individuals must weigh and count to accurately determine the quantity and volume of goods being imported and exported according to legal measurement units.

- National reserve units and related organizations and individuals must record books, prepare documentation for imports and exports, and report the results of importing and exporting national reserve goods according to current regulations.

Article 7. Import, export, and internal transfer of national reserve goods

1. Internal transfer of national reserve goods shall be applied in cases as prescribed in Clause 1 of Article 38 of the National Reserve Law.

2. Implementation of internal transfer of national reserve goods.

a) The national reserve unit with goods for transfer shall prepare a transfer file to submit to the competent authority as stipulated in Article 12 of this Circular for examination and decision. The transfer file includes:

- A request document for transferring national reserve goods from the unit holding national reserve goods, clearly stating the reasons for the transfer.

- A transfer plan, specifying: the list, type, quantity of goods to be transferred; time, place of export, place of import of goods; method of selecting service providers for transportation; mode of delivery and receipt of goods; budget estimate for implementation.

b) Within ten days from the date of receiving the complete transfer request file, the competent authority as stipulated in Article 12 of this Circular shall examine and decide on the transfer.

c) In urgent cases where goods must be transferred out of disaster-stricken areas, fire zones, or unsafe areas, the national reserve unit shall immediately organize the transfer (including designation of transportation units) while reporting to the competent authority as stipulated in Article 12 of this Circular to handle arising issues and complete import and export procedures in accordance with regulations.

d) The national reserve unit exporting goods shall coordinate with the national reserve unit importing goods to carry out the procedures for delivering and receiving national reserve goods; record decreases and increases in national reserve capital corresponding to the value of actually delivered and received national reserve goods according to current accounting regulations, and prepare a delivery and receipt document. The delivery and receipt document shall include the following main contents:

- Name and address of the delivering party;

- Name and address of the receiving party;

- List, type, quantity, value at accounting price, quality condition of delivered and received goods;

- Time of delivery and receipt of goods;

- Responsibilities of the delivering and receiving parties;

- List of related files and documents;

- Signatures and seals of the delivering and receiving national reserve parties.

4. Units implementing the transfer of national reserve goods must report the progress and results of the transfer to the competent authority as stipulated in Article 12 of this Circular. Heads of ministries and sectors managing national reserve goods shall notify the Ministry of Finance (State Treasury Administration) about the internal transfer plan of national reserve goods within three working days from the date of approving the transfer decision for monitoring and management.

5. During the transfer of national reserve goods, if there is an excess or shortage of goods (including discrepancies in weighing), the units must prepare a detailed record specifying the list, type, quantity, and accounting value corresponding to the excess or shortage; determine the cause of the excess or shortage; identify the responsibility of relevant organizations and individuals; report to the competent authority for handling in accordance with current laws.

Article 8. Increase in quantity of national reserve goods when actual inventory exceeds book inventory

1. When conducting an inventory of national reserve goods (periodic inventory as prescribed or ad hoc inventory upon the request of authorized persons), if the actual quantity of national reserve goods exceeds the book inventory, the national reserve unit shall prepare an inventory record and report to the competent authority to decide on increasing the quantity of national reserve goods due to the discrepancy between actual and book inventory.

The inventory record shall clearly state the list, type, quantity of surplus goods; the inventory date; and have signatures of all participants in the inventory, sealed with the seal of the national reserve unit holding the inventory.

2. The file and procedures for increasing the quantity of national reserve goods when actual inventory exceeds book inventory shall be carried out in accordance with the current file and procedures for importing national reserve goods.

Article 9. Importing national reserve goods in other cases

1. Importing national reserve goods in other cases includes:

a) Importing surplus national reserve goods after they have been withdrawn from storage;

b) Importing national reserve goods for which organizations and individuals compensate for losses exceeding the prescribed limit;

c) Importing national reserve goods in other cases.

2. The dossier and procedures for importing additional national reserve goods in other cases shall be carried out in accordance with current regulations.

Article 10. Exporting national reserve goods when liquidating, destroying, or removing them from the detailed list of national reserve goods

1. Exporting national reserve goods when liquidating, destroying, or removing them from the detailed list of national reserve goods shall be implemented in accordance with Articles 14, 15, and 16 of Decree No. 94/2013/NĐ-CP dated August 21, 2013 of the Government detailing the implementation of the Law on National Reserves.

2. National reserve units that have national reserve goods damaged or reduced in quality compared to current technical standards when liquidating, destroying, or removing them from the detailed list of national reserve goods must prepare a proposal and submit it to the relevant ministry or agency managing national reserve goods. The proposal for liquidation, destruction, or removal from the detailed list of national reserve goods includes:

a) A document proposing liquidation, destruction, or removal from the detailed list of national reserve goods, specifying: the list, type, quantity, quality, unit price, total value, time of entry into storage, and the expected time to organize liquidation, destruction, or removal from the detailed list of national reserve goods;

b) For national reserve goods destroyed according to environmental protection laws, a written opinion from relevant agencies must be attached.

3. Within thirty days from the date of receiving all documents, the head of the ministry or agency managing national reserve goods will compile and send a written opinion from the Ministry of Finance before deciding within their authority or submitting to the Prime Minister for decision on the liquidation, destruction, or removal from the detailed list of national reserve goods. 4. The head of the ministry or agency managing national reserve goods will send the decision and report on the progress of liquidation, destruction, or removal from the detailed list of national reserve goods to the Ministry of Finance (State Reserve Administration) for monitoring and management.

5. National reserve units will implement the procedures for reducing inventory and accounting for the reduction of national reserve capital based on the decision of the competent authority in accordance with the current accounting system for national reserve goods.

Article 11. Suspension of importation and exportation of national reserve goods

1. The suspension of importation and exportation of national reserve goods applies to cases where the purchase and sale prices of national reserve goods are adjusted through broad direct sales to all parties or by a decision of the competent authority.

2. The decision to suspend importation and exportation of national reserve goods will be notified to the national reserve units responsible for importing and exporting national reserve goods via fax or email, while also sending the original document through official correspondence. 3. Implementing the suspension of importation and exportation of national reserve goods

Based on the decision of the authorized person, the national reserve unit will carry out the following steps: a) Notify the supplier and recipient about the content of the decision to suspend importation or exportation of national reserve goods by the competent authority;

b) Establish a goods inventory team; the composition of the goods inventory team is decided by the head of the national reserve unit;

c) The inventory team is responsible for preparing an inventory record, determining the quantities of goods already imported or exported at the time of suspension of importation or exportation; conducting reconciliation of money and goods;

4. When there is a new pricing decision by the competent authority, the national reserve unit will resume the importation and exportation of national reserve goods in accordance with regulations.

5. The head of the national reserve unit tasked with importing and exporting national reserve goods is responsible under the law and to the superior management agency for the data recorded in the inventory record.

c) The inventory team is responsible for preparing the inventory record, determining the quantities of goods received and dispatched at the time of stopping receipt or dispatch; conducting reconciliation of money and goods;

4. When there is a new pricing decision by the competent authority, the state reserve unit implements the receipt and dispatch of state reserve goods in accordance with the regulations.

5. The head of the state reserve unit assigned the task of receiving and dispatching state reserve goods is responsible under the law and to the superior management agency for the data recorded in the inventory record.

Article 12. Authority to decide on the import and export of national reserve goods

1. The head of a ministry or agency, or the person authorized by the head of a ministry or agency managing national reserve goods according to the provisions of the law shall decide on the import and export of national reserve goods within their jurisdiction.

2. The Director of the National Reserve General Department decides on the import and export of national reserve goods directly managed by the regional National Reserve Departments.

Section 2
PURCHASE OF NATIONAL RESERVE GOODS

Article 13. Purchase of national reserve goods in accordance with the law on bidding

1. Annually, based on the plan index assigned by the competent authority, units assigned the task of purchasing national reserve goods shall develop a purchase plan for national reserve goods in accordance with the law on bidding, submit it in writing to the competent authority for approval to implement.

2. Authority in bidding to purchase national reserve goods.

a) Bidding to purchase national reserve goods managed by ministries and agencies:

- The person with authority is the head of the ministry or agency managing national reserve goods or the person authorized by the head of the ministry or agency managing national reserve goods according to the provisions of the law on bidding.

- The head of the ministry or agency managing national reserve goods shall base on the organizational structure and professional capacity in managing national reserve goods to decide on assigning tasks to units or organizations under or directly under them to perform the rights, responsibilities, and duties of the project owner and the tender inviter according to the provisions of the law on bidding.

b) Bidding to purchase national reserve goods managed by the Ministry of Finance:

- The person with authority is the Director of the National Reserve General Department.

- The Director of the National Reserve General Department shall base on the professional capacity and organizational structure to decide on assigning tasks to units or organizations under or directly under them to perform the rights, responsibilities, and duties of the project owner and the tender inviter according to the provisions of the law on bidding.

c) The tasks, powers of the person with authority, the project owner, and the tender inviter shall be implemented in accordance with the Law on Bidding and guiding documents of the competent authority.

3. The procedures for organizing bidding to purchase national reserve goods shall be carried out in accordance with the Law on Bidding, the Law on National Reserves, and guiding documents of the competent authority. For the purchase of national reserve goods by the Ministry of Defense and the Ministry of Public Security, they shall be implemented in accordance with the provisions of the law on bidding and specific regulations of the Minister of Defense and the Minister of Public Security regarding procurement of goods and assets in the People's Army and the People's Public Security.

Article 14. Purchase of national reserve goods through the broad direct purchase method from all entities

1. The broad direct purchase method from all entities for purchasing national reserve goods shall be applied to the purchase of national reserve rice.

2. The Director of the National Reserve General Department shall approve the plan for purchasing national reserve rice through the broad direct purchase method from all entities.

3. Procedures for purchasing rice

a) Based on the task of purchasing national reserve rice assigned, crop year, and harvest time in each locality, the Regional National Reserve Department shall develop a broad direct purchase plan from all entities, submit it to the Director of the National Reserve General Department for approval. The plan for purchasing national reserve rice includes the following contents:

- Quantity, quality, and purchase location of rice;

- Rice purchase price: The Regional National Reserve Departments shall base on the quality of purchased rice and market prices at the time, submit the specific purchase price for approval by the Director of the National Reserve General Department but not exceeding the maximum purchase price decided by the Minister of Finance;

- Time to announce the purchase plan, warehouse opening time, and end date for purchasing rice.

b) The Regional National Reserve Department shall publicly announce the approved purchase plan on three consecutive issues of newspapers or broadcast it three times consecutively over three days on television and at the purchase location; simultaneously post it on the website of the National Reserve General Department.

c) The Director of the Regional National Reserve Department shall organize the implementation of purchasing sufficient quantity and quality of rice in compliance with regulations, prevent negative phenomena and loss of state property, and bear responsibility before the law and the Director of the National Reserve General Department for the implementation of their rice purchase plan.

Section 3
SALE OF NATIONAL RESERVE GOODS THROUGH AUCTION METHOD

Article 15. Auction Plan for National Reserve Commodities

1. The auction plan shall be established for the entire quantity and volume of national reserve commodities to be sold during the planning year or according to each decision assigning tasks by the competent authority for specific commodity groups and items.

2. The auction plan for national reserve commodities shall include the following main contents:

a) List, types, quantities of goods, quantities of asset units to be auctioned;

An asset unit of national reserve commodities to be auctioned is the quantity and volume of national reserve commodities to be sold with the same list, type, and code. A minimum asset unit of national reserve commodities to be auctioned is the quantity and volume of a lot, warehouse compartment, or a complete synchronized product.

b) Starting price of each asset unit to be auctioned;

c) Advance payment amount of each asset unit to be auctioned;

d) Deadline for organizing the auction for each asset unit to be auctioned;

đ) Payment deadline, method;

e) Delivery location, deadline, and method;

g) Other related issues (if any).

Article 16. Authority in Auctioning National Reserve Commodities

1. For national reserve commodities managed by ministries or sectors.

The head of the ministry or sector, or the person authorized by the head of the ministry or sector in accordance with the provisions of the law shall approve the auction plan; decide to establish the Auction Committee when a professional auction organization cannot be hired; resolve complaints and suggestions during the auction.

2. For national reserve commodities managed by the Ministry of Finance.

a) Director General of the State Treasury General: approves the auction plan; decides to establish the Auction Committee when a professional auction organization cannot be selected; resolves complaints and suggestions during the auction.

b) Director of the State Treasury Regional Office: submits to the Director General of the State Treasury General for approval of the auction plan for national reserve commodities; decides on the selection of a professional auction organization to conduct the auction of national reserve commodities; submits to the Director General of the State Treasury General for decision to establish the Auction Committee when a professional auction organization cannot be selected; resolves complaints and suggestions during the auction.

Article 17. Registration to Participate in Auctions for National Reserve Commodities

1. Registration to participate in auctions for national reserve commodities shall be carried out in accordance with the provisions of the law on auctions. Participants in the auction of national reserve commodities are individuals or organizations that do not fall under any of the following circumstances:

a) Persons who are not allowed to participate in auctions according to the provisions of the law on auctions;

b) Personnel working in national reserves; spouses, parents, children, full siblings of the head or deputy head of the national reserve unit.

This deposit amount shall be agreed upon by the asset auction organization and the owner of the asset to be auctioned but shall be at least 1% and not more than 15% of the starting price of the asset to be auctioned (without interest during the deposit period).

In case a participant registers to join the auction of multiple asset units of national reserve commodities to be auctioned, the deposit amount to be paid shall be equal to the total deposit amounts of the asset units participating in the auction.

a) In case a participant who registers to join the auction successfully purchases national reserve commodities, the deposit amount shall be deducted from the purchase price; if the purchase is unsuccessful, the deposit amount shall be refunded immediately after the auction ends;

b) In case a participant registers to join the auction but does not participate in the auction without being in a force majeure situation; at the auction, if the highest bidder withdraws their bid before the auctioneer or the auction manager announces the buyer of the national reserve commodities, the deposit amount belongs to the asset auction organization or the national reserve unit with the national reserve commodities to be auctioned (in case the Auction Committee is established);

c) In case at the auction, when the auctioneer or the auction manager announces the buyer of the national reserve commodities, if this person refuses to buy the commodities, the deposit amount belongs to the national reserve unit with the national reserve commodities to be auctioned and shall be used to offset reasonable costs related to the auction of national reserve commodities; if not fully used, it shall be deposited into the state budget.

Article 18. Organization of the National Reserve Goods Auction Sale

a) The national reserve unit selling goods must publicly announce on central or local mass media the selection of professional auction organizations immediately after the auction sale plan is approved, with a minimum announcement period of two times, each time separated by three days;

b) The selection of professional auction organizations shall be based on their capacity, experience, and auction fees;

c) The maximum selection period is ten (ten) days from the date of posting the announcement;

d) The national reserve goods selling unit signs an auction sale contract with the selected professional auction organization.

2. Establishment of the Auction Sale Board.

a) The National Reserve Goods Auction Sale Board is established if a professional auction organization cannot be selected;

b) Members of the auction sale board include:

- The head of the national reserve goods selling unit serves as the Chairman of the Board, overseeing the auction sale process and signing the National Reserve Goods Auction Sale Minutes;

- Representatives from financial agencies and judicial agencies at the same level;

- Representatives from relevant business units of the national reserve goods selling unit;

- Representatives from the authority responsible for deciding on the national reserve goods auction sale (if applicable).

c) The rules of the auction sale, rights and obligations of professional auction organizations, and the auction sale board are implemented according to the laws on auctioning assets.

3. Procedure for Organizing the Auction Sale.

The procedure and formalities for organizing and implementing the auction sale must comply with the provisions of the laws on auctioning assets.

4. Documents for Selling National Reserve Goods.

a) National Reserve Goods Auction Sale Minutes;

b) Purchase and Sale Contract for National Reserve Goods;

c) Payment receipts for full payment of goods;

d) Sales Invoice for National Reserve Goods;

đ) Technical documents and files accompanying (if any).

Article 19. Purchase and Sale Contract for National Reserve Goods Auction Sale

1. The purchase and sale contract for national reserve goods auction sale is concluded between the buyer of the national reserve goods auction sale and the national reserve unit holding the national reserve goods auction sale.

The contract signing period is agreed upon by both parties but shall not exceed five (five) working days from the end of the auction sale.

If the buyer does not sign the purchase and sale contract within the specified period, fails to provide performance guarantees, or signs the contract but does not pay the full purchase price within the stipulated period, it will be considered as refusal to purchase the goods.

a) Name and address of the national reserve unit selling national reserve goods;

b) Name of the auctioneer managing the national reserve goods auction sale or the Auction Sale Board;

c) Name, address, and transaction account of the organization or individual purchasing the national reserve goods auction sale;

d) Time and location of the national reserve goods auction sale;

đ) List, type, quantity, volume of national reserve goods auction sale;

e) Starting price of the national reserve goods auction sale;

g) Sale price of the national reserve goods;

h) Payment deadline and method for paying the purchase price of the national reserve goods auction sale. The payment deadline is within three (three) working days from the date the purchase and sale contract is signed;

i) Delivery and receipt deadlines and locations for the national reserve goods auction sale. The delivery and receipt deadline: not exceeding fifteen (fifteen) days from the date the buyer pays the full purchase price;

k) Liability for breach of obligations by the parties.

3. Settlement of the Contract: within a period not exceeding five (five) days from the date both parties complete the delivery and receipt of goods.

1. The auction of national reserve goods for each unit of auctioned assets shall be considered unsuccessful in the following cases:

a) There is no participant bidding or offering prices;

b) The highest bid offered is lower than the starting price.

2. In case the first auction does not succeed, the unit holding the auctioned assets shall cooperate with the professional auction organization to organize a second auction. The organization of the second auction shall be carried out similarly to the first auction; if two auctions fail, the unit holding the auctioned assets must report to the authorized person to decide on the sale method as stipulated in Clause 2 of Article 23 of this Circular.

Section 4
SELLING NATIONAL RESERVE GOODS THROUGH DIRECT ASSIGNMENT

Article 21. Conditions for direct assignment sales

National reserve goods serving defense and security purposes may only be directly assigned for defense and security purposes.

Article 22. Procedures for implementing direct assignment sales

1. The national reserve units tasked with selling national reserve goods shall develop a direct assignment sales plan and submit it for approval by the Minister of Defense or the Minister of Public Security.

The contents of the direct assignment sales plan include: list; quantity and quality of national reserve goods; selling unit, purchasing unit of national reserve goods; selling location; selling deadline; selling price and other relevant contents.

2. For national reserve goods sold through direct assignment as provided for in this Article, there is no need to announce them on mass media.

3. The national reserve units tasked with selling national reserve goods shall organize the implementation of the sale of national reserve goods according to the approved plan.

4. Documents and certificates for the sale of national reserve goods through direct assignment shall be implemented in accordance with current regulations on documents and certificates for the sale of national reserve goods.

Section 5
SELLING NATIONAL RESERVE GOODS THROUGH WIDESPREAD DIRECT SALES TO ALL OBJECTS

Article 23. Conditions for widespread direct sales to all objects

Annually, national reserve units base on the rotation sale plan; based on national technical standards for state reserves for each type of goods to build and submit plans for widespread direct sales to all objects for approval by the authorized person as stipulated in Article 24 of this Circular for goods as prescribed in Clause 2 of Article 46 of the Law on National Reserves, including:

1. National reserve goods such as rice, vaccines, disinfectants, plant protection chemicals, crop seeds, white salt.

2. National reserve goods that must be auctioned but failed two auctions.

Article 24. Authority to approve plans for widespread direct sales to all objects

1. For national reserve commodities managed by ministries or sectors.

The head of the ministry or agency or the person delegated or authorized by the head of the ministry or agency in accordance with the law shall approve plans for widespread direct sales to all objects.

2. For national reserve commodities managed by the Ministry of Finance.

The Director of the State Reserve General Department shall approve plans for widespread direct sales to all objects.

Article 25. Procedures for implementing widespread direct sales to all objects

1. National reserve units tasked with selling national reserve goods shall develop plans for widespread direct sales to all objects and submit them for approval by the authorized person as stipulated in Article 24 of this Circular.

2. Contents of the plan for widespread direct sales to all objects

a) Quantity, quality, list, and selling location of national reserve goods;

b) Selling price of national reserve goods: National reserve units shall base the selling price on the quality of the goods being sold and the market price at the time of submission to the head of the ministry or agency managing national reserve goods (for goods managed by ministries or agencies) or to the Director of the State Reserve General Department (for goods managed by the Ministry of Finance), to decide on the specific selling price but it must not be lower than the minimum selling price decided by the Minister of Finance. In case national reserve goods have failed two auctions, the direct selling price to all objects must not be lower than the starting price of the auction.

c) Time for publishing, announcing, and posting the sales plan for national reserve goods;

d) Time for opening warehouses to sell national reserve goods;

đ) Deadline for ending the sale of national reserve goods.

3. National reserve units tasked with selling national reserve goods shall publish the sales plan for national reserve goods in three consecutive issues of a newspaper or announce it on television three times consecutively within three days and post it at the selling location.

4. National reserve units shall implement the sales process as follows:

a) Organize quality inspection before selling;

b) Open warehouses to sell goods at the specified time; collect payment before delivering goods;

c) Maintain a record book for inventory tracking, record invoices and certificates as required, reconcile money and goods daily;

d) Implement reporting procedures for the sale of national reserve goods as required.

Chapter 6
REPORTING, INSPECTION, AND AUDIT REGIME

Article 26. Reporting System

1. Reporting responsibility

- National reserve units; organizations and enterprises receiving contracts to store national reserve goods have the responsibility to report to the head of the ministry or agency managing national reserve goods on the situation of importing, exporting, buying, and selling national reserve goods in the form prescribed in Point b Clause 2 of this Article.

- Ministries or agencies managing national reserve goods have the responsibility to report in detail on the importation, exportation, purchase, sale, and stock of national reserve goods under their management to the Ministry of Finance (State Reserve General Department) before the 25th day of the first month of the next quarter (for quarterly reports), before January 31 of the following year (for annual reports).

- Regional State Reserve Departments have the responsibility to report to the State Reserve General Department on the situation of importing, exporting, buying, selling, and stock of national reserve goods in the forms prescribed in Points a and b Clause 2 of this Article.

- Quarterly, the State Reserve General Department shall compile and report to the Ministry of Finance on the situation of importing, exporting, buying, selling, and stock of national reserve goods under the management of the Ministry of Finance.

c) Annually, the National Reserve General Department shall be responsible for compiling the situation of imports, exports, purchases, sales, and inventory of national reserve goods to report to the Ministry of Finance for reporting to the Prime Minister in accordance with point c, Clause 2 of this Article.

2. Form and time of reporting

b) Written report within ten days after the completion of imports, exports, purchases, and sales of national reserve goods;

c) The National Reserve General Department shall report to the Ministry of Finance on a quarterly basis (before the 30th day of the first month of each quarter) and annually (before February 28 of the following year).

Article 27. Inspection and Audit System for Imports, Exports, Purchases, and Sales of National Reserve Goods

1. Inspection System

a) Annually or at any time, ministries and sectors managing national reserve goods shall be responsible for inspecting and handling violations within their authority during the process of implementing import, export, purchase, and sale activities of national reserve goods under their management and compile the results to send to the Ministry of Finance (National Reserve General Department) for consolidation and reporting.

b) The National Reserve General Department and units under the Ministry of Finance assigned tasks shall be responsible for inspecting and handling violations within their authority during the process of implementing import, export, purchase, and sale activities of national reserve goods for ministries and sectors managing national reserve goods and regional State Reserve Bureaus.

c) Annually, the National Reserve General Department shall compile the results of inspections and handling of violations by ministries and sectors managing national reserve goods and by the National Reserve General Department to report to the Ministry of Finance in accordance with regulations.

2. Specialized inspection agencies under the National Reserve General Department shall conduct audits of import, export, purchase, and sale activities of national reserve goods at regional State Reserve Bureaus and ministries and sectors managing national reserve goods in accordance with the Law on National Reserves and laws on auditing.

Chapter III
IMPLEMENTATION

Article 28. Responsibilities of Units Under the Ministry of Finance

1. Responsibilities of the National Reserve General Department

a) Shall be accountable to the Minister of Finance for the management work of imports, exports, purchases, and sales of national reserve goods within the scope of the Ministry of Finance's management.

b) Direct and guide regional State Reserve Bureaus to implement import, export, purchase, and sale activities of national reserve goods in accordance with the provisions of this Circular. Regularly report to the Minister of Finance the situation of imports, exports, purchases, and sales of national reserve goods within the scope of the Ministry of Finance's management in accordance with Article 26 of this Circular.

c) Organize training and improve professional and vocational skills, and legal regulations regarding import, export, purchase, and sale activities of national reserve goods for cadres, civil servants, and employees in the national reserve sector.

d) Organize inspections and audits of import, export, purchase, and sale activities of national reserve goods in accordance with the provisions of Article 27 of this Circular.

đ) Compile the situation of imports, exports, purchases, sales, and inventory of national reserve goods nationwide to report to the Ministry of Finance in accordance with the provisions of Article 26 of this Circular.

2. Responsibilities of Units Under the Ministry of Finance

Departments and Bureaus under the Ministry of Finance, according to their functions and assigned tasks, shall be responsible for coordinating with the National Reserve General Department to organize implementation, provide guidance, and inspect the execution of import, export, purchase, and sale activities of national reserve goods in accordance with this Circular.

Article 29. Responsibilities of Ministries and Sectors Managing National Reserve Commodities

1. Direct, guide, and inspect units assigned the tasks of importing, exporting, purchasing, and selling national reserve commodities in accordance with the provisions set forth in this Circular.

2. Fully implement the reporting and inspection regimes prescribed in Article 26, point a, Clause 1, Article 27 of this Circular.

3. Coordinate with the Ministry of Finance (State Reserve Administration) to disseminate regulations on importing, exporting, purchasing, and selling national reserve commodities to subordinate units.

Article 30. Effective Date

1. This Circular takes effect from August 1, 2015.

2. Repeal Decision No. 62/2007/QD-BTC dated July 17, 2007 of the Minister of Finance on the issuance of the Regulation on Importing and Exporting National Reserve Food; Decision No. 91/2007/QD-BTC dated October 29, 2007 of the Minister of Finance on amending and supplementing Decision No. 62/2007/QD-BTC dated July 17, 2007 of the Minister of Finance on the issuance of the Regulation on Importing and Exporting National Reserve Food; Decision No. 97/2007/QD-BTC dated December 3, 2007 of the Minister of Finance on the issuance of the Regulation on Importing and Exporting National Reserve Materials and Equipment Managed Directly by the National Reserve Administration; Circular No. 25/2011/TT-BTC dated February 25, 2011 of the Ministry of Finance on Auction Sales of National Reserve Commodities; Circular No. 211/2009/TT-BTC dated November 6, 2009 of the Ministry of Finance on Tender Purchases of State Reserve Goods in State Reserve Management Units; and the provisions on importing, exporting, purchasing, and selling national reserve commodities stipulated in Circular No. 143/2007/TT-BTC dated December 3, 2007 of the Ministry of Finance.

During implementation, if there are difficulties or obstacles, units shall promptly report to the Ministry of Finance (State Reserve Administration) for study and resolution./.