Circular No. 98/2009/TT-BTC guides procedures and tax obligations for crude oil extracted from the Bach Ho field supplied to the Dung Quat Refinery Plant, including provisions on declaration registration, tax obligations fulfillment, crude oil selling price, and implementation organization.
Scope of application
Vietnam Oil总公司（出口），Dung Quat炼油厂（进口）和海关总局，地方海关。
Key points
- When Vietnam Oil总公司 sells crude oil extracted from the Bach Ho field to the Dung Quat炼油厂，it must follow the procedures for registering Export Declaration Forms and fulfill tax obligations as prescribed.
- When the Dung Quat炼油厂receives crude oil from Vietnam Oil总公司，it must follow the procedures for registering Import Declaration Forms, calculate and pay import duties and VAT as for imported goods.
- The selling price of Bach Ho crude oil to the Dung Quat炼油厂is based on the world market price (export price at the export port of the Sino-Vietnamese Joint Venture Oil Company).
- The General Department of Customs instructs local customs offices to open additional Export and Import Declaration Forms for crude oil batches sold during the trial run period.
- This Circular takes effect 45 days from the date of issuance and abolishes previous regulations that conflict with this Circular.
🌐 Social impact of this document
- Citizens: Not directly affected, but domestic fuel prices may change according to world prices.
- Enterprises: Must comply with tax regulations when importing and exporting crude oil, which may increase customs management costs.
- Society: Helps ensure crude oil supply for the Dung Quat炼油厂and contributes to economic and social development.
❓ Frequently asked questions
Does Vietnam Oil总公司need to perform any procedures when selling crude oil extracted from the Bach Ho field?
Yes, Vietnam Oil总公司needs to register Export Declaration Forms and fulfill tax obligations as prescribed.
Does the Dung Quat炼油厂need to pay import duties when receiving crude oil from Vietnam Oil总公司？
Yes, the Dung Quat炼油厂needs to register Import Declaration Forms, calculate and pay import duties and VAT as for imported goods.
How is the selling price of Bach Ho crude oil to the Dung Quat炼油厂determined?
The selling price of Bach Ho crude oil to the Dung Quat炼油厂is based on the world market price (export price at the export port of the Sino-Vietnamese Joint Venture Oil Company).
When does this Circular take effect?
This Circular takes effect 45 days from the date of issuance.
When will previous regulations conflicting with this Circular be abolished?
Previous regulations conflicting with this Circular will be abolished immediately upon the Circular taking effect.
Full text
CIRCULAR
Regarding guidance on procedures and tax obligations for crude oil supplied to the Dung Quat Refinery
cung cấp cho Nhà máy lọc dầu Dung Quất
________________________
Pursuant to the Law on Export Duties and Import Duties No. 45/2005/QH11 dated June 14, 2005; the Law on Value Added Tax No. 13/2008/QH12 dated June 3, 2008;
Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to the Prime Minister's Conclusion on the financial scheme for the Dung Quat Refinery as stated in the Government Office's Notification No. 42/TB-VPCP dated February 11, 2009;
The Ministry of Finance guides the procedures and tax obligations for crude oil extracted from the Bach Ho field supplied to the Dung Quat Refinery as follows:
Article 1. Procedures and tax obligations when selling crude oil:
The Vietnam Oil Corporation (the agency entrusted with exporting on behalf of the Vietnam-Soviet Joint Venture Oil Enterprise) when selling crude oil extracted from the Bach Ho field to the Dung Quat Refinery shall follow the procedures for registering the Export Declaration Form as if it were actually exported. It shall fulfill tax obligations and the profit-sharing ratio between the two sides of the Russian Federation and Vietnam in the Vietnam-Soviet Joint Venture Oil Enterprise according to the regulations applicable to exported crude oil under the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Soviet Union regarding continued cooperation in geological exploration and exploitation of oil and gas in the southern continental shelf of Vietnam within the framework of the Vietnam-Soviet Joint Venture Oil Enterprise.
Article 2. Procedures and tax obligations when importing crude oil:
The Dung Quat Refinery when receiving crude oil from the Vietnam Oil Corporation shall follow the procedures for registering the Import Declaration Form, calculate and pay import duties and VAT as if it were imported goods.
Article 3. Price of crude oil sold:
The price at which Bach Ho crude oil is sold to the Dung Quat Refinery and paid to the Vietnam-Soviet Joint Venture Oil Enterprise shall be based on the world market price (export price at the port of the Vietnam-Soviet Joint Venture Oil Enterprise);
Article 4. Implementation:
Clause 1. For batches of Bach Ho crude oil that have been sold to the Dung Quat Refinery during the trial operation period and have already paid export duties before this Circular was issued, the General Department of Customs shall guide local customs authorities to open supplementary customs declarations for exported and imported goods according to the above instructions. Specifically, the previously paid export duties, along with resource taxes and corporate income taxes, shall be transferred to the foreign currency account of the State Budget at the National Treasury to be allocated to the sub-account of export duties in accordance with the supplementary customs declaration for exported and imported goods.
Clause 2. This Circular takes effect 45 days from the date of issuance, and all previous provisions contrary to this Circular are hereby abolished./.
DEPUTY MINISTER
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