Customs procedures for petroleum, chemicals and gas for domestic consumption
- April 24, 2023
Procedure name | Customs procedures for petroleum, chemicals and gas for domestic consumption |
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 completing document inspection and physical inspection of goods and means of transport: + Complete the document inspection no later than 02 working hours from the time the customs authority fully receives customs records; + Complete the physical inspection of goods (based on the Notification of Quantity Inspection Results, Notification of State Quality Inspection Results, Type Inspection Certificate or Test Result Certificate of 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 | – Goods transferred for domestic consumption within the period of storage in Vietnam according to the provisions of Clause 4, Article 11 of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government; – Goods temporarily imported for domestic consumption must comply with the provisions of Clause 5, Article 25 of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government; – The transfer of domestic consumption is only carried out after the customs declarant completes customs procedures for the new customs declaration; – Temporarily imported goods are on the List of imported goods subject to state quality inspection. When transferred for domestic consumption, the competent authority must also notify the results of state quality inspection (except for cases where When carrying out temporary import procedures, the quality has been state inspected); – For goods transferred for domestic consumption, taxpayers must declare and pay full taxes and fines (if any) according to regulations. |
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: The enterprise sends documents to the Customs Branch where temporary import procedures are carried out or at the Customs Branch outside the border gate where the amount of petroleum, chemicals, and gas is stored for domestic consumption.
– 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); Adjust the tax amount of the old customs declaration corresponding to the amount of goods transferred for domestic consumption declared on the new customs declaration according to regulations. – Step 3: Enterprises carry out liquidation of declarations for temporary import for domestic consumption according to regulations, and pay taxes according to regulations for the amount of petroleum, chemicals, and gas temporarily imported for domestic consumption. |
Profile components | * Profile components:
– The Trader's application for transfer of domestic consumption of petroleum, chemicals, and gas: 01 original copy; – Import customs declaration: 02 originals. In the accompanying documents box on the import goods declaration, the trader must clearly state the amount of petroleum, chemicals, and gas transferred for domestic consumption in the temporary import declaration number...; – Temporary import customs declaration of the shipment: 01 photocopy with confirmation stamp of the Trader; – Registration form for state inspection of the quality of gasoline, chemicals, and gases (for cases where state inspection of quality has not been conducted when temporarily imported) or Notice of results of state inspection of gasoline quality Oil, chemicals, gas when carrying out temporary import procedures: 01 photocopy with confirmation stamp of the Trader. In the case of petroleum, chemicals, and gases on the List of imported goods subject to state quality inspection, a Notice of State Quality Inspection Results must be submitted when carrying out temporary import procedures or a Notice of Results. State quality inspection results when carrying out procedures for transfer to domestic consumption (for cases where quality inspection has not been performed when temporarily imported): 01 photocopy. In case gasoline, chemicals, and gas for domestic consumption are taken at other domestic depots of the Trader (different from the depot when carrying out temporary import procedures), the Trader shall additionally submit 01 photocopy of the Notice of Finalization. State quality inspection results and notification of quantity inspection results at that domestic warehouse. The amount of gasoline, chemicals, and gas transferred for domestic consumption is based on the amount of gasoline, chemicals, and gas when temporarily imported (with Quantity Inspection Certificate) and the deduction and liquidation results of the gasoline re-export declarations. Oil, chemicals, and gas have completed customs procedures according to the provisions of that declaration. |
Number of records | 01 set |
Name of the declaration form | Import customs declaration according to Appendix III of Circular No. 38/2015/TT-BTC. |
Attachments | Sample__ TKHQTT_38_2015.doc |
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