Circular 28/2011/tt-Bct: Business Management Guide Gasoline In Border Areas

Original Language Title: Thông tư 28/2011/TT-BCT: Hướng dẫn quản lý kinh doanh xăng dầu tại khu vực biên giới

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Pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;

Pursuant to Decree No. 107/2008/ND-CP of September 22, 2008 by government regulation of administrative sanction acts of speculation, plunged the excessive price increases, goods, furniture, Messenger of smuggling and commercial fraud;

Pursuant to Decree No. 84/2009/ND-CP on October 15, 2009 by the Government about the oil and gas business;

Pursuant to Decree No. 140/2004/ND-CP dated 25 June 2004 from the Government detailing a number of articles of the law on the State border;

Pursuant to Decree No. 34/2000/ND-CP dated 18 August 2000 by the Government on the regulations for land border areas of the Socialist Republic Vietnam;

Pursuant to Decree 164/2003/ND-CP dated 18 December 2003 by the Government on the regulation of sea border area;

In order to ensure safety for the management, protection of the boundary, boundary and contributes to the fight against gasoline smuggling across the border, the Ministry of industry and trade guidelines paragraph 3 article 5 of Decree 84/2009/ND-CP on October 15, 2009 by the Government about the oil and gas business, as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guides apply some administrative measures in border areas to ensure security for the management, protection of the boundary, boundary and contributes to the fight against gasoline smuggling across the border.

Article 2. The object that applies to this circular apply to: 1. The agencies, organizations related to business manager petrol smuggling prevention, border areas.

2. gasoline traders have petroleum retail outlets in the border areas.

Article 3. Explanation of terms 1. "Border areas" include the administrative boundary of the communes, wards and towns are a part of administrative boundary coincides with the border on land and communes, wards and towns bordering the sea and Islands, the islands of Vietnam under the provisions of the Decree No. 140/2004/ND-CP dated 25 June 2004 from the Government detailing a number of articles of the law on the State border; Decree No. 34/2000/ND-CP dated 18 August 2000 by the Government on the regulations for land border areas of the Socialist Republic Vietnam, circular No. 179/2001/TT-01/22 BQP guidelines 2001 Decree No. 34/2000/ND-CP dated 18 August 2000 by the Government on the regulations for land border areas of the Socialist Republic Vietnam; Decree 161/2003/ND-CP dated 18 December 2003 by the Government on the regulation of sea border area.

2. "gasoline retail outlet" is the base gasoline retail consumer direct service, meet the conditions stipulated in Decree No. 84/2009/ND-CP on October 15, 2009 by the Government about the oil and gas business, was granted the certificate of qualified petroleum trading under the provisions of the law.

Article 4. The organization system of retail gasoline in border areas 1. The organization system of retail gasoline in border areas to comply with the security regulations for the management, protection, and boundary border against smuggling gasoline across the border as defined in Decree 84/2009/ND-CP; make sure to serve the needs of using gasoline in border areas.

2. The gasoline retailer unauthorized construction, does not meet the conditions specified in Decree No. 84/2009/ND-CP and circular No. 36/2009/TT-BCT on December 14, 2009 by Ministry of industry and Commerce issued a regulation on the business agent of gasoline, are lifted, suspension of operations petrol and bear the patent violation processing as specified by law.

Article 5. Conditions apply administrative measures 1. Provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) decide the application of some specific measures under the guidance of this circular in the case of the retail price of gasoline in border areas in the province are lower than the retail price of gasoline in the area of external borders from 10% or over or happens out the status of smuggling petrol across the border.

2. In the case of special measures applied according to the instructions in this circular, the provincial people's Committee is the decision to adopt a number of specific measures, which stated the area and the application deadline.

Chapter II SPECIFIC PROVISIONS article 6. Time to sell gasoline 1. Time to sell the gasoline of the gasoline retailer in border areas: from 06h00 to 18:00 during the day.

2. In case of need and to meet petroleum needs of residents of the border better, the provincial people's Committee to adjust the time sell gasoline specified in paragraph 1 of this article in each area consistent with the actual situation.

Article 7. Retail gasoline controls 1. The case of the sale of petroleum for the consumer audience had a total value of payment each time from 200,000 VND upward, gasoline retailer in the border area to Bill stating name, address people buying gasoline specified in Decree No. 51/2010/ND-CP dated 14 May 2010 of the Government regulations on the sale of goods receipts , the provision of services.

2. in case of sale of petroleum for the consumer audience had a total value of payments under 200,000 Dong each, retail gasoline in border areas are not billed, unless the buyer requests received the Bill but keep and monitor statistics on the table.

3. Prohibiting the transport of petrol have total value from 200,000 VND upward without bills, legal documents.

Article 8. The retail price of gasoline for transactional media abroad 1. Based on the geographical conditions, the area of operation and the type of media, the provincial people's Committee stipulates the maximum amount of gasoline retail gasoline in border areas are allowed to sell foreign current vehicles, including: a) the maximum amount of gasoline sold to each of the motor transport including road cars; the tractor; trailer or trailer to be towed by a car, tractor; two-wheeled motorcycles; three wheel motorcycles; motorcycles and similar vehicles.

b) selling petrol maximum per marine vehicles including ships, boats and other floating structures specialist engines operate on the waterway.

2. the maximum amount of petrol sale prescribed in clause 1 of this article shall not exceed the norm 50 litres/per/day for each motor transport roads and 100 litres per day per vehicle.

3. In the case due to geographical conditions, the need to prescribe the amount of gasoline sold exceeded the provisions in paragraph 2 of this article, the provincial people's Committee is allowed to adjust the amount of gasoline sold increased up but no more than 20% for each specific media type and is notified about the writing Industry.

4. The provisions of this Article do not apply to passenger vessels, weight, ships traveling in international transport.

Article 9. Gasoline retail method for current media abroad 1. The provincial people's Committee based on the actual local situation to regulated retail gasoline method for current media abroad fit, ensure convenience purchases, manage the amount of gasoline sold is prescribed in clause 2 article 8 of this circular.

2. The sale of gasoline just being pumped directly into the main tank of transactional foreign media regulations in clause 1 article 8; not sold on the other contains tools, including fuel tank mounted in vehicles.

3. When selling gasoline, gasoline retailer in the border areas are billed, stating the means by control of the sea.

Article 10. The supply of gasoline When gasoline supply for petroleum retail outlets in the border areas, gasoline traders have the responsibility to: 1. Carry enough bills, legal documents related to the number of gasoline are shipped.

2. Compliance with the time gasoline supply in accordance with the provincial people's Committee.

3. Ensure the supply of gasoline to gasoline retailer in the correct quantity, category of oil or gas under the contract signed.

Article 11. Petroleum business report 1. Gasoline traders have petroleum retail outlets in the border area have to make a list of the Department of industry and commerce report on retail gasoline in border areas due to directly supply gasoline according to the form prescribed in annex 1 attached to this circular. Where there is a change in the retail gasoline sector border (the form of ownership, the source of gasoline supply, stop long term business) must submit the additional report of the Department of industry and commerce within 5 (five) working days since the date of the change.

2. petroleum traders are responsible for reporting the business situation of gasoline for each retail store gasoline in border areas of the Department of industry and trade of the province, the central city where shops that follow the period of 10 (ten) days, month, quarter and year. Slow reporting time for 2 (two) days after the end of the reporting period. Regulatory reporting form in Appendix 2 of this circular.

Chapter III IMPLEMENTATION article 12. The responsibility of the provincial people's Committee has the border 1. The provincial people's Committee has the border, based on specific local situation, decided to apply this circular; assign specific tasks for each level, each of the sectors closely to good management area boundary, boundary, ensuring order, social security, border security, contributing to the fight against smuggling. In the process of applying to regularly review the actual situation to have the proper adjustment.

2. Directs the forces function of enhancing local checking, control the gasoline retailer in the border areas in accordance with the provisions of the law.

3. Notice to Industry when it decided to apply particular measures in accordance with this circular.

Article 13. The responsibility of the provincial industry and Commerce Departments have the border 1. Hosted, in cooperation with the local authorities concerned implementation, test, handle the observance of the provisions of this circular.


2. The direction of market management forces and periodically check the oil and gas business activities of retail gasoline in border areas.

3. Steer market management forces in coordination with the border forces to check the retail petrol for transactional media abroad.

4. monthly periodic report the Industry about the amount of gasoline sold by retail outlets gasoline in border areas, which stated the cause of that increase, decrease the amount of petrol sold out (if any) and propose measures to handle.

Article 14. Handle violation of individual organization violates the provisions of this circular and the provisions of the relevant legislation, depending on the extent of infringement, dealt with administratively or prejudice criminal liability in accordance with the law.

Article 15. Effect 1. This circular effect since January 15, 2011.

2. In the course of application of this circular, if obstacles arise, suggest that the agencies, organizations, units, traders and timely reflection of Industry to coordinate resolution./.