Thông tư 04/2008/TT-BCT

CIRCULAR

GUIDING THE REGISTRATION OF PLANS ON PRODUCTION, PROCESSING AND IMPORT OF RAW MATERIALS AND CONSUMPTION OF PETROL AND OIL PRODUCTS

Pursuant to the Government’s Decree No. 189/2007-CP dated December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, detailing the implementation of the Commercial Law regarding international goods trading and goods trading agency, processing and transit with foreign parties;
Pursuant to the Government’s Decree No. 55/2007/ND-CP dated April 6, 2007, on petrol and oil trading;
The Ministry of Industry and Trade guides the registration of plans on production, processing and import of raw materials and consumption of petrol and oil products as follows:

I. GENERAL PROVISIONS

l. Raw materials used for petrol and oil production and processing include condensate, high-octane petrol, reformate, naphtha, and other preparations and additives.

2. Petrol and oil producers and processors must register their plans on production, processing and import of raw materials and consumption of petrol and oil products under the guidance in this Circular.

3. Petrol and oil producers and processors may directly import, or entrust traders with petrol and oil import and export business licenses to import raw materials under registration plans certified by the Ministry of Industry and Trade for petrol and oil production and processing.

II. REGISTRATION OF PLANS ON PRODUCTION, PROCESSING AND IMPORT OF RAW MATERIAL AND CONSUMPTION OF PETROL AND OIL PRODUCTS

l. Before October 30 every year, trader that fully satisfy petrol and oil production and processing conditions specified m Article 10 of the Government's Decree No. 5512007/ND-CP dated April 6, 2007, on petrol and oil trading, shall register their subsequent year's plans on production, processing and import of raw materials and consumption of petrol and oil products. A registration dossier to be submitted to the Ministry of Industry and Trade comprises:

a/ Four copies of the written registration of the plan on production, processing and import of raw materials and consumption of petrol and oil products (made according to a set form);

b/ A copy of the enterprise's business registration certificate;

c/ A competent agency's permit allowing the trader to invest in the construction of the petrol and oil production and processing establishment under planning according to current regulations;

d/ Documents proving that the trader has a national-standard test and measurement laboratory for inspecting the quality of produced and processed petrol and oil according to current standards and regulations specified in the Science and Technology Ministry’s Circular No. 29/2007/TT-BKHCN dated December 25, 2007, guiding quality and measurement assurance conditions for engine petrol and diesel trading, and other relevant documents.

2. Traders may register the import of only raw materials specified in Clause l, Section I of this Circular, suitable to the production and processing capacity stated in their investment licenses.

3. Within 7 working days after receiving traders’ complete and valid dossiers, the Ministry of Industry and Trade shall certify the registration of plans on production, processing and import of raw materials and consumption of petrol and oil products for the traders' implementation. Written certifications shall be sent to the General Department of Customs for carrying out procedures to control traders' import of raw materials and to the Ministry of Science and Technology for examining and supervising traders’ observance of conditions and regulations specified in Articles 10 and 11 of the Government's Decree No. 55/2007/ND-CP dated April 6, 2007, on petrol and oil trading.

4. The Minister of Industry and Trade shall authorize the head of the Import and Export Department to certify the registration of plans on production, processing and import of raw materials and consumption of petrol and oil products.

III. OTHER PROVISIONS

1. Imported raw materials may be used only for the production and processing of petrol and oil at traders' establishments. Changes in raw-material use purposes are subject to written approval of the Ministry of Industry and Trade.

2. If traders fail to comply with production and processing plans the registration of which has been certified, they must clearly state in writing the reason and ask the Ministry of Industry and Trade to certify the adjustment of plans on production, processing and import of raw materials and consumption of petrol and oil products.

3. The export of petrol and oil products produced and processed by traders complies with their product consumption plans already registered with the Ministry of Industry and Trade and the Regulation on petrol and oil export promulgated together with the Industry and Trade Ministry's Decision No. 01/2008/QD-BCT dated January 3, 2008.

4. The import of raw materials for petrol and oil production, processing and consumption complies with regulations on import and export management and petrol and oil sale prices, and relevant current regulations.

5. Not later than the 10^th day of the first month of a quarter, petrol and oil producers and processors shall send to the Ministry of Industry and Trade the preceding quarter's quarterly reports (made according to a set form) on production, processing and import of raw materials and consumption of petrol and oil products.

IV. IMPLEMENTATION PROVISIONS

l. Traders that violate the provisions of this Circular shall, depending on the severity of their violations, be handled according to regulations on the sanctioning of administrative violations in the trade domain and current provisions of law.

2. This Circular takes effect 15 days after its publication in "CONG BAO," annulling Decision No. 7/5/2004/QD-BTM dated June 7, 2004, of the Minister of Trade (now the Minister of Industry and Trade), promulgating the Regulation on management of the import of raw materials for petrol and oil production and processing.