THE MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 01/2008/QD-BCT
Hanoi, January 3, 2008
 
DECISION
PROMULGATING THE REGULATION ON PETROL AND OIL EXPORT AND THE REGULATION ON TEMPORARY IMPORT OF PETROL AND OIL FOR RE-EXPORT
THE MINISTER OF INDUSTRY AND TRADE
 
Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
Pursuant to the Governments Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale and purchase agency, processing and transit with foreign parties;
Pursuant to the Governments Decree No. 55/2007/ND-CP of April 6, 2007, on petrol and oil trading;
At the proposal of the director of the Import and Export Department,
 

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DECIDES:
Article 1.- To promulgate together with this Decision the Regulation on petrol and oil export and the Regulation on temporary import of petrol and oil for re-export.
Article 2.- To annul the Trade Ministers Decision No. 1752/2003/QD-BTM of December 15, 2003, promulgating the Regulation on temporary import of petrol and oil for re-export.
Article 3.- This Decision takes effect 15 days after its publication in CONG BAO.
Article 4.- The director of the Import and Export Department, heads of agencies and units under the Ministry of Industry and Trade and concerned organizations and individuals shall implement this Decision.
 
FOR THE MINISTER OF INDUSTRY AND TRADE
VICE MINISTER




Nguyen Cam Tu
 
REGULATION
ON PETROL AND OIL EXPORT
(Promulgated together with the Industry and Trade Ministers Decision No. 01/2008/QD-BCT of January 3, 2008)
Chapter I

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GENERAL PROVISIONS
Article 1.- Petrol and oil specified in this Regulation include: engine petrol, diesel oil, kerosene, fuel oil, jet fuels and other products used as engine fuels, excluding liquefied gases.
Article 2.- Petrol and oil are exported under the Industry and Trade Ministrys licenses.
Chapter II
CONDITIONS AND PROCEDURES FOR PETROL AND OIL EXPORT
Article 3.- Only traders that have petrol and oil import and export licenses are allowed to export petrol and oil.
The Ministry of Industry and Trade shall grant licenses to traders for exporting petrol and oil according to current regulations on the basis of goods supply sources and domestic and international market prices and product consumption plans registered by petrol and oil- producing and -processing traders so as to ensure that the export of petrol and oil does not affect the supply-demand balance of the domestic market.
Article 4.- Exported petrol and oil must be paid for in freely convertible foreign currencies via banks in accordance with current regulations on foreign exchange management.
Article 5.- Petrol and oil-exporting traders shall take responsibility for sale prices, ensuring full coverage of import expenses or production and processing expenses, and fulfill tax obligations in accordance with current regulations. The State does not provide price subsidies.
Article 6.- Traders stated in Article 3 that wish to export petrol and oil shall send applications for licenses (made according to a set form) to the Ministry of Industry and Trade. Within seven working days, the Ministry of Industry and Trade shall grant export licenses to traders or notify in writing the reason for refusal to grant licenses.

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Chapter III
IMPLEMENTATION PROVISIONS
Article 7.- Quarterly, petrol and oil-exporting traders shall send reports on petrol and oil export to the Ministry of Industry and Trade and the Ministry of Finance.
Article 8.- Petrol and oil-exporting traders that violate the provisions of this Regulation shall, depending on the severity of their violations, be handled according to regulations on sanctioning of administrative violations in the trade domain and current legal provisions.
 
REGULATION
ON TEMPORARY IMPORT OF PETROL AND OIL FOR RE-EXPORT
(Promulgated together with the Industry and Trade Ministers Decision No. 01/2008/QD-BCT of January 3, 2008)
 

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