Customs procedures for imported and temporarily imported petroleum, chemicals, gas, raw materials
- April 24, 2023
Procedure name | Customs procedures for imported and temporarily imported petroleum, chemicals, gas, raw materials |
Decision issued | Decision 2628/QD-BTC dated December 9, 2016 |
How to perform | Manually (submit paper documents according to regulations) or electronically. |
Resolution deadline | Time limit for receiving, registering, and checking customs documents: immediately after the customs declarant submits and presents customs documents in accordance with the law (Clause 1, Article 23 of the Customs Law) - Time limit for completion Complete document inspection and physical inspection of goods and means of transport: + Complete document inspection no later than 02 working hours from the time the customs authority receives complete customs documents ; + Complete the physical inspection of goods no later than 08 hours (based on Notification of Quantity Inspection Results, Notification of State Quality Inspection Results, Type Inspection Certificate or Result Sheet testing by the Trader) no later than 08 working hours from the time the customs declarant fully presents the goods to the customs authority; In case the goods are subject to specialized quality inspection according to relevant laws, the time limit for completing the physical inspection of the goods is calculated from the time the specialized inspection results are received according to regulations. . In case the shipment has a large quantity, many types or the inspection is complicated, the head of the customs office where customs procedures are carried out shall decide to extend the time for physical inspection of goods, but the extension time is Maximum no more than 02 days. |
Implementation object | – Traders importing and exporting petroleum and traders producing petroleum according to the provisions of Decree No. 83/2014/ND-CP; – Wholesale gas traders are allowed to import and export, temporarily import and re-export, transit, and transfer gas ports according to the provisions of Decree No. 19/2016/ND-CP and regulations of the Ministry of Industry and Trade; – Chemical import and export traders; – Customs clearance agent. |
Implementing agencies | – Authority with decision-making authority: Customs Branch
– Authority or competent person authorized or decentralized to implement (if any): None – Agency directly implementing administrative procedures: Customs Branch – Coordinating agency (if any): None. |
Result | Customs clearance confirmation. |
Fees and charges | 20,000 VND. |
Requires implementation conditions | – Ensure the status quo of imported gasoline, chemicals, and gas (including old and new - if any) while waiting for notification of state inspection results on the quality of the shipment as prescribed in Clause 1 of this Article. 3 Article 4 Circular No. 69/2016/TT-BTC. – In case the state quality inspection agency announces the results of the state inspection of the quality of imported gasoline, chemicals, and gas that do not meet import requirements, the trader is responsible for implementing it according to regulations. in Clause 3, Article 4 of Circular No. 69/2016/TT-BTC. – Implement customs authorities' decisions to handle violations according to regulations (if any). |
Legal grounds | – Customs Law No. 54/2014/QH13 dated June 23, 2014;
– Decree 08/2015/ND-CP dated January 21, 2015 of the Government detailing and implementing measures of the Customs Law on customs procedures, customs inspection, supervision, and customs control; – Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance regulating customs procedures; customs inspection and supervision; export tax, import tax and tax administration for exported and imported goods; – Circular No. 172/2010/TT-BTC of the Ministry of Finance promulgating regulations on collection rates, collection, remittance, management and use of fees and charges in the field of Customs; – Circular No. 69/2016/TT-BTC dated May 6, 2016 of the Ministry of Finance regulating customs procedures for petroleum, chemicals, gas exported, imported, temporarily imported for re-export, transshipped, transit; imported raw materials for production and preparation or export processing of petroleum and gas; crude oil exports and imports; Import and export goods serving oil and gas activities. |
The order of execution | – Step 1: Enterprises submit documents requesting customs procedures for imported and temporarily imported petroleum, chemicals, gases, and raw materials.
– Step 2: Check documents (in case of doubt with photocopied documents, the Customs Branch requires the enterprise to present the original for checking and comparison); Supervise pumping of gasoline, chemicals, gas, and raw materials and take samples for state quality inspection (in cases on the List of imported goods subject to state quality inspection); tax calculation and tax collection; Customs clearance of shipments. – Step 3: Enterprises pay taxes before putting imported gasoline, chemicals, gas, and raw materials into use; Petroleum, chemicals, and gas for storage. |
Profile components | * Profile components:
– Import goods declaration according to the information criteria in Appendix II issued with Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance. In case of implementation on paper customs declaration as prescribed in Clause 2, Article 25 of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government, the customs declarant declares and submits 02 original copies of the declaration. imported goods according to form HQ/2015/NK Appendix IV issued with Circular No. 38/2015/TT-BTC; – Commercial invoice: 01 photocopy; – Bill of lading or other transport documents of equivalent value in case of goods transported by sea (except for goods exported and re-exported to subjects specified in Point b, Clause 4, Article 35 of Decree No. 83/ 2014/ND-CP dated September 3, 2014 of the Government; Clause 3, Article 19, Clause 2, Article 35 of Decree No. 19/2016/ND-CP dated March 22, 2016 of the Government): 01 copy; – Quantity appraisal registration, State quality inspection registration for goods on the List of imported goods subject to state quality inspection: 01 photocopy; – Contract for purchasing imported goods (for goods temporarily imported for re-export): 01 photocopy; – In case the customs declarant carries out procedures for the first time at the Customs Branch, the following documents must be submitted (except for the case of supplying - re-exporting or exporting goods to the subjects specified in Point b, Clause 4, Article 35 Decree No. 83/2014/ND-CP; Clause 3, Article 19, Clause 2, Article 35, Decree No. 19/2016/ND-CP): + Petroleum import-export business license: 01 photocopy; + Certificate of eligibility for gas export or document of equivalent value: 01 photocopy; + Minimum petroleum import limit issued by the Ministry of Industry and Trade: 01 photocopy; + Import license for goods requiring an import license: 01 original copy In case of applying the national single-window mechanism, specialized state management agencies send the documents specified at points d, g, h above in electronic form through the national single-window information portal, the declarant Customs do not have to pay when going through customs procedures. In case a shipment must be declared on multiple declarations or imported goods of many types, have the same bill of lading, invoice, declared on multiple declarations for each type of imported goods at a Customs Branch, then Customs declarants only have to submit 01 set of customs documents (in case of submitting paper documents to the customs authority); declarations after clearly writing "same document as declaration number....date..." in the "Notes" box. |
Number of records | 01 set |
Name of the declaration form | – Appendix II issued together with Circular No. 38/2015/TT-BTC; – Form HQ/2015/NK Appendix IV issued with Circular No. 38/2015/TT-BTC. |
Attachments | Phuluc_II_TT382015.doc |
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