Thông tư 26/2010/TT-BCT

CIRCULAR

PROVIDING FOR THE REGISTRATION OF PLANS ON PRODUCTION AND IMPORT OF RAW MATERIALS AND CONSUMPTION OF PETROL AND OIL PRODUCTS

Pursuant to the Government's Decree No. 189/2007/ND-CP of 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 of 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. 84/ 2009/ND-CP of October 15, 2009, on petrol and oil trading;
The Ministry of Industry and Trade provides for the registration of plans on production and import of raw materials and consumption of petrol and oil products as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the registration of plans on production and import of raw materials and consumption of petrol and oil products by petrol and oil producers and the registration of plans on import of raw materials for petrol and oil processing by petrol and oil imports and exporters.

Article 2. Subjects of application

This Circular applies to petrol and oil producers; petrol and oil importers and exporters and concerned organizations and individuals defined in the Government's Decree No. 84/ 2009/ND-CP of October 15, 2009, on petrol and oil trading.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Petrol and oil producers are traders that satisfy all conditions for petrol and oil production prescribed in Article 10 of Decree No. 84/2009/ ND-CP.

2. Petrol and oil importers and exporters are traders that are granted petrol and oil import and export permits by the Ministry of Industry and Trade.

Chapter II

REGISTRATION OF PLANS ON PRODUCTION AND IMPORT OF RAW MATERIALS AND CONSUMPTION OF PETROL AND OIL PRODUCTS

Article 4. Registration of plans

Petrol and oil producers shall register plans on production and import of raw materials and consumption of petrol and oil products as follows:

1. Before October 30 every year, traders that satisfy all conditions for petrol and oil production prescribed in Article 10 of Decree No. 84/2009/ ND-CP shall register a plan on production and import of raw materials and consumption of petrol and oil products for the subsequent year. A registration dossier sent to the Ministry of Industry and Trade comprises:

a/ Four (4) written registrations of the plan on production and import of raw materials and consumption of petrol and oil products, made according to the form provided in Appendix No. 1 to this Circular (not printed herein);

b/ A certified copy of the business registration certificate;

c/ Documents proving that the trader has petrol and oil production establishments built under approved plans and permitted by a competent authority;

d/ Documents proving that the trader has a testing and measuring laboratory for inspecting the quality of produced petrol and oil according to current standards, technical regulations and regulations of the Ministry of Science and Technology.

2. Traders may only register the import of raw materials specified in Clause 6, Article 3 of Decree No. 84/2009/ND-CP in conformity with their production capacity stated in their investment licenses.

Article 5. Certification of plans

1. Within seven (7) working days after receiving a complete and valid dossier from a trader, the Ministry of Industry and Trade shall certify the plan on production and import of raw materials and consumption of petrol and oil products. Written certification shall be sent to the General Department of Customs for carrying out procedures to control the trader's import of raw materials and to the General Directorate of Standards and Quality (the Ministry of Science and Technology) for inspecting and overseeing the trader's observance of conditions and regulations specified in Articles 10 and 11 of Decree No. 84/2009/ND-CP In case of refusal to give certification, the Ministry of Industry and Trade shall notify in writing the trader of the reason.

2. The Minister of Industry and Trade authorizes leaders of the Import-Export Department to certify the registration of plans on production and import of raw materials and consumption of petrol and oil products.

Chapter III

REGISTRATION OF PLANS ON IMPORT OF RAW MATERIALS FOR PETROL AND OIL PROCESSING

Article 6. Registration of plans

Petrol and oil importers and exporters that wish to import raw materials for petrol and oil processing shall register plans on import of petrol and oil raw materials according to the following regulations:

1. Before October 30 every year, traders that wish to import raw materials for petrol and oil processing under Article 9 of Decree No. 84/2009/ND-CP shall register a plan on the import of raw materials for petrol and oil processing for the subsequent year. A registration dossier sent to the Ministry of Industry and Trade comprises:

a/ Three (3) written registrations of the plan on import of raw materials for petrol and oil processing, made according to the form provided in Appendix No. 3 to this Circular (not printed herein);

b/ A certified copy of the business registration certificate.

2. Traders may only register the import of raw materials specified in Clause 6, Article 3 of Decree No. 84/2009/ND-CP.

3. The quantity of petrol and oil raw materials imported for processing by traders shall be cleared against the import quota of petrol and oil allocated annually by the Ministry of Industry and Trade.

Article 7. Certification of plans

1. Within seven (7) working days after receiving a complete and valid dossier from a trader, the Ministry of Industry and Trade shall certify the plan on the import of raw materials for petrol and oil processing. Written certification shall be sent to the General Department of Customs for carrying out procedures to control the trader's import of raw materials. In case of refusal to give certification, the Ministry of Industry and Trade shall notify in writing the trader of the reason.

2. The Minister of Industry and Trade authorizes leaders of the Import-Export Department to certify the registration of plans on import of raw materials for petrol and oil processing.

Chapter IV

OTHER REGULATIONS

Article 8. Reporting responsibilities

1. Petrol and oil producers shall send monthly reports (made according to the form provided in Appendix 2 to this Circular - not printed herein) on the production and import of raw materials and consumption of petrol and oil products to the Ministry of Industry and Trade prior to the 10th of the subsequent month.

2. Traders that import raw materials for petrol and oil processing shall send quarterly reports (made according to the form provided in Appendix 4 to this Circular - not printed herein) on the import of raw materials for petrol and oil processing to the Ministry of Industry and Trade prior to the 10th of the first month of the subsequent quarter.

Article 9. Other responsibilities

1. Imported raw materials may be used only for petrol and oil production and processing at traders' establishments. Changes in the use purposes of raw materials must be approved in writing by the Ministry of Industry and Trade.

2. Traders that fail to comply with petrol and oil production plans already registered and certified shall clearly state in writing the reasons and request the Ministry of Industry and Trade to certify adjustments to the plans on petrol and oil production, raw material import and petrol and oil product consumption.

3. The export of petrol and oil products produced by traders must comply with the product consumption plans already registered with the Ministry of Industry and Trade. Exportation shall be carried out under current regulations and approved investment projects.

4. The import of raw materials for petrol and oil production and processing and consumption of petrol and oil products must comply with Decree No. 84/2009/ND-CP and current relevant regulations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 10. Handling of violations

Traders who violate this Circular shall, depending on the severity of their violations, be handled under regulations on sanctioning of administrative violations in the trade domain and current laws.

Article 11. Effect

1. This Circular takes effect on August 1, 2010.

2. This Circular replaces the Industry and Trade Ministry's Circular No. 04/2008/TT-BCT of April 1,2008, guiding the registration of plans on petrol and oil production, raw material import and petrol and oil product consumption.

3. Concerned organizations and individuals should report any problems arising in the course of implementation of this Circular to the Ministry of Industry and Trade for study and settlement.