Thông tư 28/2011/TT-BCT

CIRCULAR

GUIDING THE MANAGEMENT OF GASOLINE TRADING AT THE BORDER AREA

Pursuant to the Government's Decree No. 189/2007/NĐ-CP dated December 27^th  2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 107/2008/NĐ-CP dated September 22^nd 2008 on the administrative penalties for illegal speculation, excessive price increase, rumor spreading, and trade frauds;

Pursuant to the Government's Decree No. 84/2009/NĐ-CP dated October 15^th 2009 on gasoline trading;

Pursuant to the Government's Decree No. 140/2004/NĐ-CP dated June 25^th 2004, detailing some articles of the Law on the National border;

Pursuant to the Government's Decree No. 34/2000/NĐ-CP dated August 18^th 2000, on the Regulation of the land border area of the Socialist Republic of Vietnam;

Pursuant to the Government's Decree No. 161/2003/NĐ-CP dated August 18th 2000, on the Regulation of the maritime border area;

For the purpose of ensuring the safety of the management and protection of the border, contributing to the prevention of gasoline smuggling through the border, the Ministry of Industry and Trade guides the implementation of Clause 3 Article 5 of the Government's Decree No. 84/2009/NĐ-CP dated October 15^th 2009 on gasoline trading. In particular:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the application of some special managerial measures at the border area for the purpose of ensuring the safety of the management and protection of the border, contributing to the prevention of gasoline smuggling through the border.

Article 2. Subjects of application

This Circular is applicable to:

1. The agencies and organizations relevant to the management of gasoline trading, and the smuggling prevention at the border area.

2. The gasoline traders that have gasoline retail outlets at the border area.

Article 3. Interpretation of terms

1. “The border area” includes the political geographical border of the communes, wards, and towns of which part of the political border overlaps the national border, and the communes, wards, and towns adjacent to the sea, islands, and archipelagos of Vietnam as prescribed in the Government's Decree No. 140/2004/NĐ-CP dated June 15^th 2004, detailing some articles of the Law on the National border; the Government's Decree No. 34/2000/NĐ-CP dated August 18^th 2000, on the Regulation of the land border area of the Socialist Republic of Vietnam, the Circular No. 179/2001/TT-BQP dated January 22^nd 2001, guiding the implementation of the Government's Decree No. 34/2000/NĐ-CP dated August 18^th 2000, on the Regulation of the land border area of the Socialist Republic of Vietnam; the Government's Decree No. 161/2003/NĐ-CP dated August 18th 2000, on the Regulation of the maritime border area..

2. “Gasoline retail outlets” are premises that sell retail gasoline serving the direct consumption, satisfy the requirements in the Government's Decree No. 84/2009/NĐ-CP dated October 15^th 2009 on gasoline trading; and have been issued with the Certificate of fulfillment of the conditions for trading gasoline as prescribed by law.

Article 4. Organizing the system of gasoline retail outlets at the border area

1. The system of gasoline retail outlets in the border area must comply with the regulations on ensuring the safety for the management and protection of the border, and the prevention of gasoline smuggling through the border as prescribed in the Decree No. 84/2009/NĐ-CP; satisfy the demand for gasoline at such border area.

2. The gasoline retail outlets illegally built that do not satisfy the condition in Decree No. 84/2009/NĐ-CP  and the Circular No. 36/2009/TT-BCT dated December 14^th 2009 of the Ministry of Industry and Trade, promulgating the Regulation on gasoline agents shall be dismantled, shut down, and liable to the disciplinary actions as prescribed by law.

Article 5. The conditions for taking special managerial measures

1. People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) shall decide the implementation of special measures as guided in this Circular when the gasoline retail price within the border area of the province is at least 10% lower than that in the area of the other country that share the same border, or there is gasoline smuggling through the border.

2. When taking the special measures guided in this Circular, provincial People’s Committees must issue the Decision on taking some special measures, specifying the location and period of application.

Chapter 2.

SPECIFIC PROVISIONS

Article 6. Time for selling gasoline

1. The gasoline retail outlets at the border area may sell gasoline from 06:00 to 18:00 every day.

2. If necessary, the provincial People’s Committees shall adjust the time for selling gasoline prescribed in Clause 1 this Article to satisfy the demand for gasoline of the residents in the border area.

Article 7. Controlling the gasoline retail

1. When a single sale reaches 200,000 VND or more, the gasoline retail outlet at the border area must issue an invoice specifying the name and address of the buyer as prescribed in the Government's Decree No. 51/2010/NĐ-CP dated May 14^th 2010 on the invoices of goods sale and services provision.

2. When a single sale does not reach 200,000 VND, the gasoline retail outlet at the border area may not issue an invoice, unless the buyer requests it, but each sale must be recorded in the statement.

3. It is prohibited to transport gasoline valued at 200,000 VND or more without legal invoices.

Article 8. The limits of selling gasoline retail to foreign nonresident vehicles

1. Depending on the geographical conditions, the location, and the vehicles, the provincial People’s Committees shall set the maximum amount of gasoline that the gasoline retail outlets in the border area may sell to foreign nonresident vehicles, including:

a) The maximum amount of gasoline being sold to each road motor vehicles, including cars, tractors, trailers or semi-trailers being pulled by cars or tractors; motorbikes, two-wheelers and three-wheelers; and the likes.

b) The maximum amount of gasoline being sold to watercraft, including ships, boats, and other motor floating structures that run on water.

2. The maximum amount of gasoline being sold prescribed in Article 1 this Article must not exceed 50 liter/time/day for each road motor vehicle, and 100 liters/time/day for each watercraft.

3. If the amount of gasoline being sold must exceed the limits prescribed in Clause 2 this Article, the provincial People’s Committees may raise the limit, but must not exceed 20%, and send written reports to the Ministry of Industry and Trade.

4. This Article is not applicable to high, heavy and NCC cargo ships and international cruise ships.

Article 9. The method of selling gasoline retail to foreign nonresident vehicles

1. Depending on the situation, the provincial People’s Committees shall provide the method of selling gasoline retail to foreign nonresident vehicles so as to ensure the convenience of the customers, and control the amount of gasoline being sold as prescribed in Clause 2 Article 8 of this Circular.

2. Gasoline may only be sold retail by directly pumping into the primary fuel tanks of the foreign nonresident vehicles prescribed in Clause 1 Article 8; not in other storage instruments, even the secondary fuel tanks on such vehicles.

3. When selling gasoline, the gasoline retail outlets at the border area must issue invoices and write the license numbers of the vehicles.

Article 10. Gasoline supply

When supplying gasoline to gasoline retail outlets at the border area, the gasoline traders must:

1. Bring all the legitimate invoices and documents relevant to the amount of gasoline being transported.

2. Comply with the time for supplying gasoline prescribed by the provincial People’s Committees.

3. Ensure the sufficient amount and correct kind of gasoline supplied for the gasoline retail outlets according to the registration or signed contracts.

Article 11. Gasoline sale reports

1. Gasoline traders having gasoline retail outlets in the border area must make and send a list of gasoline retail outlets in the border area which they supply gasoline for, using the form in Annex 1 promulgated together with this Circular, to the Service of Industry and Trade. Any change of the gasoline retail outlets in the border area (the form of ownership, the gasoline sources, long-term suspension) must be reported to Services of Industry and Trade within 05 working days as from the change occurs.

2. Gasoline traders must periodically report the gasoline sales of their retail outlets to the Service of Industry and Trade of the central-affiliated city or province where such outlets are situated every 10 days, every month, every quarter, and every year.   The deadline for sending reports is 02 days after the end of the reporting period. The report form is provided in Annex 2 of this Circular.

Chapter 3.

IMPLEMENTATION ORGANIZATION

Article 12. Responsibility of the People’s Committee of the bordering provinces

1. The People’s Committees of the bordering provinces, depending on the local conditions, shall decide the application of this Circular; allocate tasks to each level, each sector, cooperate tightly to effectively manage the border, ensure the social security, and contribute to the smuggling prevention. The application must be continuous and adjusted based on the actual situation.

2. Directing local functional forces to enhance the control and inspection of the gasoline retail outlets in the border areas in accordance with law.

3. Notifying the Ministry of Industry and Trade when taking the special measures prescribed in this Circular.

Article 13. Responsibility of the Services of Industry and Trade of the bordering provinces

1. Directing and cooperating with local functional agencies in organizing and inspecting the implementation of this Circular.

2. Directing the Market management agency to carry out periodic and irregular inspection of the gasoline retail outlets in the border area.

3. Directing the Market management agency to cooperate with the Border guard in inspecting the retail of gasoline to foreign nonresident vehicles.

4. Periodically sending reports to the Ministry of Industry and Trade on the sales of gasoline of gasoline retail outlets in the border area, specifying the reasons for the increase or decrease of the amount of gasoline sold (if any) and appropriate measures.

Article 14. Handling violations

The organizations and individuals that violate the Circular and relevant law, depending on the seriousness of the violations, shall be liable to administrative penalties or criminal prosecution as prescribed by law.

Article 15. Effects

1. This Circular takes effect on September 15^th 2011.

2. While applying this Circular, the organizations and traders are recommended to report the difficulties to the Ministry of Industry and Trade for settlement in cooperation.