Thông tư 11/2022/TT-BCT quy định về phân giao hạn ngạch thuế quan nhập khẩu đối với mặt hàng đường theo phương thức đấu giá do Bộ trưởng Bộ Công thương ban hành

CIRCULAR

ALLOCATION OF SUGAR IMPORT TARIFF QUOTA VIA AUCTIONS

Pursuant to the Agreement on Import Licensing of WTO;

Pursuant to the Law on Foreign Trade Management in 2017;

Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 69/2018/ND-CP dated May 15, 2018 of Government elaborating the Law on Foreign Trade Management;

At the request of Director of Agency of Foreign Trade;

The Minister of Industry and Trade promulgates Circular on allocation of sugar import tariff quota via auctions.

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GENERAL PROVISIONS

Article 1. Scope

1. This Circular prescribes the rules and procedures for distributing import tariff quota on sugar (cane or beet sugar and chemically pure sucrose) with HS code of 17.01 via auctions.

2. The allocation of import tariff quota on sugar (cane or beet sugar and chemically pure sucrose) with HS code of 17.01 via other means shall conform to Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade and Decree No. 69/2018/ND-CP dated May 15, 2018 of the Government.

Article 2. Regulated entities

1. Traders engaging in the allocation of sugar import tariff quota via auctions.

2. Agencies, organizations, and individuals related to the allocation of sugar import tariff quota via auctions.

Article 3. Traders engaging in the allocation of sugar import tariff quota via auctions

Traders who use sugar directly as manufacturing materials and traders who use raw sugar to produce refined sugar are eligible for registration for the allocation of sugar import tariff quota via auctions. To be specific:

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2. Traders who use sugar directly as manufacturing materials are only eligible for registration for allocation of refined sugar import tariff quota via auctions.

Article 4. Quantity of allocated sugar import tariff quota and time of allocation via auctions

1. The Ministry of Industry and Trade shall publicize the quantity of sugar import tariff quota to be allocated via auctions after receiving decision on quantity of sugar import tariff quota issued by Ministry of Agriculture and Rural Development based on sugar demand and supply from time to time.

2. The Ministry of Industry and Trade shall determine the time to allocate sugar import tariff quota via auctions after discussing with Ministry of Agriculture and Rural Development and Ministry of Finance.

Article 5. Rules of allocating sugar import tariff quota via auctions

1. The decision of Ministry of Agriculture and Rural Development on quantity and volume of sugar import tariff quota must be public and transparent in accordance with Clause 3 Article 21 of the Law on Foreign Trade Management before being submitted to Ministry of Industry and Trade.

2. On the basis of written notice of Ministry of Agriculture and Rural Development on quantity and volume of sugar import tariff quota, the Ministry of Industry and Trade shall decide on the allocation of import tariff quota in accordance with this Circular in a public, transparent, and objective manner.

3. Sugar import tariff quota does not apply to sugar imported for manufacturing and export processing.

4. The Ministry of Industry and Trade shall establish a Council for allocation of sugar import tariff quota via auctions (hereinafter referred to as “Auction council”) to coordinate the allocation. Composition of the Auction council consists of: Head of Ministry of Industry and Trade (acting as the President), representatives of Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Justice, and Ministry of Finance acting as members of the Auction council.

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1. Traders engaging in the allocation of sugar import tariff quota via auctions have the right to:

a) register for allocation of sugar import tariff quota via auctions.

b) engage in the allocation of sugar import tariff quota via auctions after being declared satisfactory to regulations under this Circular by the Auction council.

2. Traders engaging in the allocation of sugar import tariff quota via auctions have the obligations to:

a) strictly comply with this Circular.

b) pay a deposit prior to engaging in the allocation of sugar import tariff quota via auctions. The deposit is specified under Clause 2 Article 10 hereof.

Article 7. Rights and obligations of traders allocated with sugar import tariff quota via auctions

1. Traders allocated with sugar import tariff quota via auctions have the rights to:

a) receive notice on allocation of import tariff quota of Ministry of Industry and Trade after paying the winning bid.

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2. Traders allocated with sugar import tariff quota via auctions have the obligations to:

a) submit the winning bid to account of Ministry of Industry and Trade within 5 working days from the date on which auction results are publicized on website of Ministry of Industry and Trade (www.moit.gov.vn). Payment account is specified under Clause 2 Article 16 hereof.

b) submit certificate of winning bid payment to standing department of the Auction council (Agency of Foreign Trade, Ministry of Industry and Trade - 23 Ngo Quyen, Hoan Kiem, Hanoi).

3. Traders receiving notice on allocation of sugar import tariff quota from Ministry of Industry and Trade are only allowed to import sugar for manufacturing purposes and are not allowed to trade or transfer sugar import tariff quota.

Chapter II

PROCEDURES FOR ALLOCATING SUGAR IMPORT TARIFF QUOTA VIA AUCTIONS

Section 1. ANNOUNCING ORGANIZATION OF AUCTIONS, PUBLIC POSTING OF ALLOCATION OF SUGAR IMPORT TARIFF QUOTA VIA AUCTIONS

Article 8. Announcing the allocation of sugar import tariff quota via auctions

The Auction council shall announce the time and the location where the Auction for allocation of sugar import tariff quota (hereinafter referred to as “the auction”) is expected to be held, invitation notice, and official procedures for participation on websites of Ministry of Industry and Trade, “Báo Công Thương” (Industry and Trade Newspaper), “Báo Nông nghiệp Việt Nam” (Vietnam Agriculture Newspaper), and “Thời báo Tài chính Việt Nam” (Vietnam Financial Time) at least 21 days prior to the date of the auction.

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a) The Auction council shall publicly post the auction for allocation of sugar import tariff quota at head office of Ministry of Industry and Trade (23 Ngo Quyen, Hoan Kiem, Hanoi) at least 7 days prior to the auction date.

b) Details to be publicly posted include: Name, address of the Auction council; Expected time and location of the auction; Type of sugar, quantity of sugar import tariff quota allocated via auctions, participants classified by methods of auction; Opening bid of sugar import tariff quota; Time and location for application for allocation of sugar import tariff quota via auctions; Other relevant information.

Article 10. Opening bid and deposit

1. Opening bid and bid increments shall be regulated and publicized by the Auction council in the Announcement of auction and public posting of allocation of sugar import tariff quota via auctions.

Formula of opening bid of sugar import tariff quota is: Opening bid = (Import price - Sugar purchase price in Vietnam) x coefficient X.

In which:

a) Import price shall equal CFR price of refined sugar + insurance costs + import tariff + VAT + domestic transport and handling costs (CFR price of imported refined sugar refers to price in London market on the date on which the auction is announced).

b) Sugar purchase price in Vietnam refers to sale price of refined sugar delivered at factory + domestic transport and handling costs + VAT (sale price of refined sugar delivered at factory is determined based on the average price of Northern and Southern region on the date on which the auction is announced).

c) Coefficient X is a coefficient of variation, regulated and publicized by the Auction council after being approved by the Director of the Auction council based on sugar supply and demand at the time in which the auction is held.

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Section 2. REGISTERING FOR ALLOCATION OF SUGAR IMPORT TARIFF QUOTA VIA AUCTIONS

Article 11. Application for allocation of sugar import tariff quota via auctions

1. Each trader shall submit one application envelope for allocation of sugar import tariff quota via auctions, consisting of:

a) Bid sheet (using form under Appendix attached hereto). Each trader may include up to 20 unit prices and can register uniform price or discriminatory price for the included unit prices. Quantity of sugar in each unit price is 1.000 tonne.

The bid sheet shall be placed in a separate envelope which will be sealed, have signatures of the trader appended to the envelope edges. The envelope will then be placed in the application envelope. The bid sheet will only be opened at the auction.

b) Certificate of business registration or Enterprise registration certificate or Investment registration certificate or equivalent document of trader: 1 copy, bearing confirmation and certification for true copy.

c) Proof of deposit payment of trader for deposit made to accounts of Ministry of Industry and Trade: 1 copy, bearing confirmation and certification for true copy.

2. The application envelope shall be sealed, have seal appended, and have the following information written on the outside:

a) Application for allocation of sugar import tariff quota via auctions.

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c) Detail contact information of trader (address, phone number, fax number, email address).

3. Application submission location and time

a) As soon as an announcement on auction organization is made, traders shall submit their application envelopes according to Clause 1 and Clause 2 of this Article via post service or in person to standing department of the Auction council (Agency of Foreign Trade, Ministry of Industry and Trade - 23 Ngo Quyen, Hoan Kiem, Hanoi).

b) Period for receiving applications shall be mentioned in the invitation to the auction.

c) Time for receiving applications shall conform to date stamp of Ministry of Industry and Trade.

Article 12. Application review

The Auction council shall review applications and notify traders of application review results: eligible for participation, revision required, or ineligible for participation.

1. The Auction council shall notify eligible traders at least 2 working days prior to the date on which the auction is held in writing, email, or fax.

2. If revision is required, the Auction council shall notify and request traders to submit additional documents to standing department of the Auction council at least 3 working days prior to the date on which the auction is held (notification can be sent in writing, email, or fax).

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Section 3. ORGANIZING ALLOCATION OF SUGAR IMPORT TARIFF QUOTA VIA AUCTIONS

Article 13. Format of allocating sugar import tariff quota via auctions

1. The auction shall be organized in form of sealed bit sheets.

2. Auction method shall be ascending-price auction.

Article 14. Procedures for allocating sugar import tariff quota via auctions

1. At the auction, the Auction council shall open bid sheets of eligible traders. Then, the council shall publicize bids of all eligible traders.

2. Traders whose bid sheets offer the highest prices in descending order which are not lower than the opening bid will win and be allocated with sugar import tariff quota until the quota is exhausted.

If multiple traders have bid sheets which offer the same prices and total registered tariff quota of these traders is greater than the remaining tariff quota, the remaining tariff quota will be evenly distributed among the traders. If the distributed tariff quota is an odd number, it will be rounded or decided by the Director of Auction council.

Article 15. Results of allocation of sugar import tariff quota via auctions and cancellation of auction results

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2. Once the winning traders have submitted the winning bid in accordance with Point a Clause 2 Article 7 hereof and the Auction council has submitted report on auction result to the Ministry of Industry and Trade, the Ministry of Industry and Trade shall issue notice on allocation of sugar import tariff quota to winning traders.

Upon performing import procedures, in addition to import dossiers as per applicable customs laws, traders shall present notice on allocation of sugar import tariff quota issued by Ministry of Industry and Trade to customs authority.

3. If winning traders fail to submit the winning bid in accordance with Point a Clause 2 Article 7 hereof (the date of submission is the date on which account of Ministry of Industry and Trade notifies the transfer), notice on winning bid of traders will be automatically void and the traders will not receive their deposit.

4. If the winning traders waive the winning results before the Ministry of Industry and Trade promulgates notice on allocation of sugar import tariff quota to the traders, the Auction council shall approve bidders with the next highest bid for winning.

5. If the winning traders waive the winning results after the Ministry of Industry and Trade promulgates notice on allocation of sugar import tariff quota to the traders, the traders shall not receive their deposit.

6. If any quota remains after the auction, the Auction council shall report to the Ministry of Industry and trade for consideration and decision on solutions for allocating remaining sugar import tariff quota or voiding the remaining quota depending on sugar supply and demand situation at the time in which the auction ends.

7. Allocation results of sugar import tariff quota shall be cancelled in the following cases:

a) Agreements between the Auction council and the winning traders on cancellation of allocation results of sugar import tariff quota via auctions take effect, unless the cancellation will damage or affect benefits of the State, rights, and benefits of individuals, organizations.

b) The Auction council, traders participating in the auction, or winning traders collaborate in rigging the allocation of sugar import tariff quota via auctions resulting in fabricated or falsified application for auction or bidding results.

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1. Winning bid shall be collected all at once before the Ministry of Industry and Trade promulgates notice on allocation of sugar import tariff quota to winning traders.

2. Winning traders shall submit the winning bit to account of Ministry of Industry and Trade (account name: “Văn phòng Bộ Công Thương” (Office of the Ministry of Industry and Trade), account number 999996739999 at Lien Viet Post Bank - Thanh Nhan, Hanoi).

3. Winning bid must be submitted within the time limit set forth under Point a Clause 2 Article 7 hereof.

Article 17. Dealing with deposit

1. Winning traders shall have their deposit deducted from their winning bid.

2. Eligible traders who do not win the auction and traders with adequate applications according to Article 11 hereof who request withdrawal from the auction in writing at least 2 working days prior to the auction date shall receive their deposit within 5 working days from the date on which the auction ends, except for cases under Clause 3 of this Article.

3. Traders who violate regulations on allocation of sugar import tariff quota via auctions mentioned under this Circular and are ineligible for auction, winning traders who waive their winning results before the Ministry of Industry and Trade promulgates notice on allocation of sugar import tariff quota, and winning traders who fail to submit the winning bid in accordance with Point a Clause 2 Article 7 hereof shall not receive their deposit.

Article 18. Management and use of auction expenditure

1. Expenditure serving organization of auctions of the Auction council shall be covered by revenues generated by the auction of sugar import tariff quota.

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Chapter III

RESPONSIBILITY FOR IMPLEMENTATION

Article 19. Responsibilities of the Auction council

Once the auction ends, the Auction council shall submit report on allocation results of sugar import tariff quota via auctions to the Ministry of Industry and Trade in order to enable the Ministry to issue notice on allocation of sugar import tariff quota to winning traders.

Article 20. Organizing implementation

1. Traders, relevant agencies, organizations, and individuals that violate regulations under this Circular shall be met with actions in accordance with applicable laws depending on nature and level of violations.

2. Difficulties that arise during implementation of this Circular should be promptly reported to the Ministry of Industry and Trade (Agency of Foreign Trade).

Article 21. Entry into force

This Circular comes into force from August 12, 2022./.

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PP. MINISTERDEPUTY MINISTERTran Quoc Khanh