Thông tư 89/2015/TT-BTC hướng dẫn nhập, xuất, mua, bán hàng dự trữ quốc gia

THE MINISTRY OF FINANCE

Circular No. 89/2015/TT-BTC dated June 11, 2015 of the Ministry of Finance guiding warehouse, delivery, purchasing and selling of national reserve commodities

Pursuant to the Law No. 22/2012/QH13 of the National Assembly on the National Reserve;

Pursuant to the Law No. 43/2013/QH13 dated November 26, 2013 of the National Assembly on bidding;

Pursuant to the Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government detailing a number of articles of the Bidding Law regarding contractor selection;

Pursuant to the Decree No. 94/2013/ND-CP dated August 21, 2013 of the Government detailing the implementation of the Law on the National Reserves;

Pursuant to the Decree No. 17/2010/ND-CP dated of the Government on property auction;

Pursuant to the Decree No. 215/2013/ND-CP dated December 23, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the General Director of the General Department of State Reserves;

The Prime Minister promulgates the Circular guiding warehousing, delivery, purchasing and selling of national reserve commodities

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular guides warehousing, delivery, purchasing and selling of national reserve commodities (excluding national reserve commodities for aids).

Article 2. Subjects of application

1. Ministries, sectors managing national reserve commodities;

2. National reserve units, organizations, enterprises being responsible for preservation of national reserve commodities

3. Organizations, individuals related to warehousing, delivery, purchasing and selling of national reserve commodities;

Article 3. Interpretation of terms

Under this Circular, the following terms are construed as follows:

1. Warehousing of national reserve commodity is the warehousing of national reserve commodities implemented by competent agencies, including tasks since the decision of warehouse is issued until national reserve commodity is put into the warehouse.

2. Delivery of national reserve commodity is the delivery of national reserve commodity implemented by competent agencies, including tasks since the decision of delivery is issued until national reserve commodity is transported into the vehicle of the receiver at the gate of national reserve warehouse.

Article 4. Principles of warehouse and delivery

1. Be in accordance with the plan, decision issued by competent agencies;

2. Be in accordance with the type, quantity, quality, price, time and subjects as prescribed;

3. Be in accordance with orders, procedures and have enough documents as specified;

4. Be delivered and received on the means of the delivery side or the receiving side at the gate of state reserve warehouse or at the place decided by competent agencies;

5. Goods warehoused first shall be delivered first; goods warehoused later that want to be delivered first must be approved by competent agencies.

Chapter II

SPECIFIC PROVISIONS

Section 1

WAREHOUSING AND DELIVERY OF NATIONAL RESERVE COMMODITIES

Article 5. Cases of warehousing and delivery of national reserve commodities

1. Warehousing of national reserve commodities include the following cases:

a) Warehousing of national reserve commodities under plans and rotary exchange of national reserve commodities;

b) Internal transfer of national reserve commodities;

c) Warehousing of national reserve commodities for excessive commodity quantities upon actual inventory compared to those stated in the accounting books.

d) Other cases;

2. Delivery of national reserves includes the following cases:

a) Delivery of national reserve commodities under plans and rotary exchange of national reserve commodities;

b) Internal transfer of national reserve commodities;

c) Delivery of national reserve commodities for liquidation and destruction; delisting of detailed list of national reserve commodities;

d) Other cases;

Article 6. Warehousing and delivery of national reserve commodities under plans and rotary exchange of national reserve commodities

1. Organizing the implementation of the plans for warehousing, delivery and rotary exchange of national reserve commodities

Annually, pursuant to the decision of the Prime Minister on the plan of national reserve, the Ministers, heads of the sector or authorized person shall assign the target for units under its management; for national reserves under the management of the Ministry of Finance, the General Director of State Reserve shall assign the target for regional Department of State Reserve.

2. Implementation of warehousing, delivery and rotary exchange of national reserve commodities

a) Preparation of warehousing, delivery and rotary exchange of national reserve commodities

- Preparation of the warehouse: the warehouse must be in accordance with requirement on storing each kind of commodity. For enterprises receiving reserve contract, national reserve commodity must be stored in the warehouse, or in the container.

- Preparation of vehicles, equipment: vehicles, equipment used to transport commodity, scale, and equipment to test the quality of national reserve commodities must be prepared and tested;

- Preparation of vehicles, equipment to serve for prevention of natural disasters, fire, and fix arising problems;

- Preparation of human resources to transport national reserve commodities;

b) Implementation of receipt and delivery of national reserve commodities:

- Before receiving, delivering, national reserve units, organizations and individuals must test the quality of national reserve commodities for each kind of national reserve commodities as prescribed. It is not allowed to receive the commodity that fails to meet requirements on quality as stipulated.

- When receiving, delivering, national reserve units, organizations and individuals shall weight commodities to determine the quantities of commodity.

- National reserve units, organizations and individuals shall take notes, prepare documents of receipt and delivery and implement the reporting regime on receipt and delivery of national reserve commodities as stipulated.

Article 7. Internal transfer of national reserve commodities

1. Transferring national reserve commodities shall be applied in cases as stipulated under Clause 1 Article 3 of the law on national reserves.

2. Transfer of national reserve commodities

a) National reserve units shall prepare dossiers of transfer and sent to the competent agencies as stipulated under Article 12 of this Circular for consideration and decision. The dossier includes:

- Application of transfer made by national reserve units, of which clearly mentions the reasons of transfer;

- Transferring plan, of which it must be clearly mentioned: list, type, quantity, time, and delivery place, receipt place; form of selecting the unit that provides transportation; method of receiving and delivering commodities; estimated expenditures.

b) Within 10 days since receipt of the full documents, competent agencies as stipulated under Article 12 of this Circular shall consider and decide on transfer.

c) In the urgent cases that commodities must be transferred out of the natural disaster areas or unsafe areas, national reserve units shall be active in transferring commodities (even appointing units to transport commodities), at the same time report to the competent agencies as stipulated under Article 12 of this Circular to deal with arising problems and complete procedures as stipulated.

d) National reserve units that deliver commodities shall assume the prime responsibility and coordinate with national reserve units that receive commodities in completing procedures on delivering, receiving commodities; increasing or decreasing national reserve capital equivalent to the value of commodities delivered or received according to the current accounting regimes and make a minute of receiving, delivering commodities. The minute includes the following contents:

- Name, address of the deliverer;

- Name, address of the receiver;

- List, type, quantity, value of commodity, status of commodity;

- Time of delivery, receipt;

- Responsibility of the delivery party, receipt party;

- List of documents, dossiers;

- Signature, stamp of the delivery party, receipts party;

4. Units transferring national reserve commodity must report the progress and result of transfer to competent agencies as stipulated under Article 12 of this Circular. Ministers, heads of units managing national reserve commodity shall report to the Ministry of Finance (General Department of State Reserve) on internal transfer of national reserve commodity within 3 days since the decision on transfer is approved.

5. In the course of transferring national reserve commodities, in the case the commodity is excessive or short (even in the case there is a difference when scaling), units must make a minute to mention clearly the list, type, quantity, equivalent value; determine the reasons and responsibilities of organizations, individuals; report to competent agencies as stipulated by current regulations.

Article 8. Warehousing more quantity of national reserve commodities for excessive commodity quantities upon actual inventory compared to those stated in the accounting books.

1. When drawing up an inventory for national reserve commodities, actual quantity of national reserve commodities is greater than accounting quantity; national reserve units shall make a minute and report to the competent agencies on deciding to warehouse more national reserve commodities due to the differences between the actual quantities and accounting quantity.

The minute should be clearly mentioned the list, type, excessive amount of commodity, time, signatures and stamped by national reserve units.

2. Dossier, procedures to get more national reserve commodity shall be implemented according to current regulations on dossiers, documents to get more national reserve commodities.

Article 9. Warehouse national reserve commodities in other cases

1. Warehousing national reserve commodities in other cases include:

a) Warehousing excessive national reserve commodities after delivering;

b) Warehousing national reserve commodities compensated by organizations, individuals when the loss is over the limit;

c) Warehousing national reserve commodities in other cases;

2. Documents, procedures to warehouse more national reserve commodities in other cases shall be implemented according to current regulations.

Article 10. Delivering national reserve commodities in case of liquidation, destruction, delisting of detailed national reserve commodities

1.  The delivery of national reserve commodities in case of liquidation, destruction, delisting of detailed national reserve commodities shall be implemented according to Article 14, 15, 16 of Decree No. 94/2013/ND-CP dated August 21, 2013, detailing the implementation of the Law on the National Reserves.

2. National reserve units that have commodities damaged or degenerated in quality under current technical standards when being liquidated, demolished and delisted detailed lists of national reserve commodities must send documents to ministries, sectors managing national reserve commodities. Documents for liquidation, destruction, delist include:

a) Application for liquidation, destruction and delist of detailed lists of national reserve commodities, of which it must clearly mention the list, type, quality, price, total value, time of warehousing, estimated time for liquidation, destruction, delist of detailed lists of national reserve commodities;

b) National reserve commodities which are demolished according to the law on environmental protection, it must be enclosed with opinions of related agencies;

3. Within 30 days since the full receipt of dossiers, Ministers, heads of sectors managing national reserve commodities shall summarize, get opinions from the Ministry of Finance before making decision or report to the Prime Minister to decide on liquidation, destruction or delisting national reserve commodities;

4. Ministers, heads of sectors managing national reserve commodities shall send the decision and report on the progress of liquidation, destruction or delisting national reserve commodities to the Ministry of Finance (General Department of State Reserve) for supervision and management;

5. Based on decisions of relevant agencies, national reserve units shall implement procedures to reduce inventory, reduce national reserve capital according to current accounting regime of national reserves.

Article 11. Stop warehousing, delivery of national reserve commodities

1. Warehousing, delivery of national reserve commodities shall be stopped when there is adjustment in price under method of public direct purchase, selling from all subjects or under the decision of competent agencies.

2. Decision on stopping warehousing, delivery of national reserve commodities shall be notified to the national reserve units by fax, email; at the same time send the original one by dispatch.

3. Stop warehousing, delivery of national reserve commodities

Based on decision of competent agencies, the national reserve units shall implement the following steps:

a) To notify to the provider, receiver on contents of the decision on stopping warehousing, delivery of national reserve commodities;

b) To set up the team to count commodities; participants in the team must be decided by the head of national reserve unit;

c) The team shall make a minute of checking, determining the quantity of commodities warehoused and delivered at the time of stopping warehousing; contrast money and commodities;

4. When there is new decision from competent agencies, national reserve units shall warehouse, deliver national reserve commodities as stipulated.

5. Heads of national reserve unit tasked to warehouse, deliver national reserve commodities shall be responsible before the law on documents checked in the minute.

Article 12. Competence to decide on warehouse, delivery of national reserve commodity

1. Ministers, sectors managing national reserve commodities or authorized persons according to the law shall decide on warehouse, delivery of national reserve commodity under its management.

2. General Director of State Reserve shall decide on warehouse, delivery of national reserve commodities directly managed by regional department of state reserves.

Section 2

PURCHASE OF NATIONAL RESERVE COMMODITIES

Article 13. Purchase of national reserve commodities according to the law on bidding

1. Annually, based on the plan approved by competent agencies, units assigned to purchase national reserve commodities shall set up plans to purchase national reserve commodities as stipulated by the law on bidding and submit to the competent agencies for approval;

2. Competence in bidding the purchase of national reserve commodities

a) Bidding the purchase of national reserve commodities managed by Ministries, sectors:

- Competent persons are ministers, heads of sectors managing national reserve commodities or persons authorized by ministers, heads of sectors as stipulated by the law on bidding;

- Bases on organizational structure, management capability, ministers, heads of sectors shall decide on assigning tasks for units, organizations under its management as stipulated by the law.

b) Bidding the purchase of national reserve commodities managed by the Ministry of Finance:

- Competent person is the General Director of State Reserve.

- Bases on management capability of organizational structure, the General Director of State Reserve shall decide on assigning tasks for units, organizations under its management as stipulated by the law.

c) Tasks, rights of competent persons, investors and bidder shall be implemented as stipulated in the bidding law and other guidelines of competent agencies.

3. Orders, procedures of bidding the purchase of national reserve commodities shall be implemented according to the law on bidding, the law on national reserve and other guidelines of competent agencies. For purchasing national reserve commodities of the Ministry of National Defense, Ministry of Public Security, it shall be implemented according to the law on bidding and specific regulations on purchasing goods, assets in army force and public security force issued by the Minister of National Defense and Minister of Public Affairs.

Article 14. Purchasing national reserve commodities directly from all subjects

1.  Purchasing national reserve commodities directly from all subjects shall be applied for purchasing paddy for national reserve.

2. General Director of State Reserve shall approve the plan of purchasing paddy by method of purchasing directly from all subjects.

3. Orders, procedures

a) Based on tasks, time of harvesting, the Department of State Reserve shall set up plans to purchase directly from all subjects, and submit to the General Director of State Reserve for approval. The plan includes the following contents:

- Number, quality and place of purchasing;

- Price: based on the quality of paddy, market price at the time of purchasing, Department of State Reserve shall submit to the General Director of State Reserve for approval of specific price but it shouldn’t be exceed the maximum price decided by the Ministry of Finance;

- Time of posting the plan of purchasing paddy, time of finishing the plan;

b) Based on the approved plan, the unit tasked to purchase national reserve commodities publishes the purchase plan on a newspaper for three consecutive issues or notify on television for three consecutive times in three days and posts it up at the paddy-purchasing locations; and organizes the purchase strictly according to the plan and at the quoted price.

c) The Director of State Treasure shall organize to purchase enough paddies and ensure the quality, avoid loss and shall be responsible before the law and before the General Director of State Reserve on implementing the plan.

Section 3

SELLING OF NATIONAL RESERVE COMMODITIES

Article 15. Auction plan of national reserve commodities

1. Auction plan is set up for the entire of national reserve commodities in the year or for each decision assigned for each kind of commodity.

2. Auction plan of national reserve commodity includes the following contents:

a) Determining the list, type, quantity of assets to be auctioned;

Unit of national reserve commodity selling for auction is quantity of national reserve commodities that have the same type, code.

b) Starting price of each asset to be auctioned;

c) Pre-paid amount of money for each asset to be auctioned;

d) Time to organize the auction;

dd) Time limit and method of payment;

e) Place, time limit and method of delivery;

g) Other issues (if any);

Article 16. Competence in auction of national reserve commodities

1. For reserve commodities managed by ministries, sectors:

Ministers, heads of sectors or authorized persons shall approve the auction plan; decide on setting up the Board of Auction in the case it fails to hire a professional auction organization; deal with complaints, suggestions in the auction;

2. For reserve commodities managed by the Ministry of Finance:

a) The General Director of State Reserve shall approve the auction plan; decide on setting up the Board of Auction in the case it fails to set up a professional auction board; deal with complaints, suggestions in the auction;

b) Director of Regional State Reserve shall submit to the General Director of State Reserve for approval of the auction plan; decide on selecting the professional auction organizations; submit to the General Director of State Reserve the decision on setting up the Board of Auction in the case it fails to hire a professional auction organization; deal with complaints, suggestions in the auction.

Article 17. Sign up the auction of national reserve commodities

1. Signing up the auction of national reserve commodities shall be implemented according to the law on auction. Persons who sign up the auction are individuals, organization are not in the following subjects:

a) Persons that are not permitted signing up the auction as stipulated by the law on auction;

b) Persons working related to national reserve; wife or husband, father, mother, brothers, sisters of the heads or deputy head of the national reserve units;

2. Persons who sign up the auction shall be provided with information, documents related to commodities to be auctioned; must pay for the fee of signing up the auction as stipulated by the law on charges and fees and an amount of money prepaid for professional auction organizations before the auction happens.

The prepaid amount of money shall be negotiated between the professional auction organization and person who sell the auctioned asset but it shouldn’t be at minimum of 1% and at maximum of 15% of starting price of auctioned assets (don’t pay interest in the time of deposit).

In the case that person who sign up the auction are more than auctioned national assets, the prepaid amount of money must be equal to the prepaid money of units attended the auction.

3. The prepaid amount of money shall be implemented as follows:

a) If the persons who sign up the auction purchase national reserve commodities, the prepaid amount of money shall be deducted in the money that they have to pay for the commodity; if they don’t purchase the commodity, the prepaid amount of money shall be returned right after the auction finishes;

b) If the persons who sign up the auction but don’t join the auction and they are not in the force majeure; at the auction, persons who pay the highest price withdraw the price that is paid before the auction or the administrator declares the person purchasing national reserve commodities, the prepaid amount of money shall belong to the auction organization or national reserve units that have national reserve commodities sold (in the case of setting up the board of auction);

c) At the auction, when the administrator of the auction declares the person who purchases national reserve commodities, but this person refuses to purchase, the prepaid amount of money shall belong to the national reserve units that have reserve commodities sold and be used to compensate for reasonable expenses related to the auction of national reserve commodities; the residual shall be submitted into the state budget.

Article 18. Organizing the auction of national reserve commodities

1. Selecting professional auction organizations

a) National reserve units must publish information on selecting professional auction organizations on media right after the auction plan is approved. Notification must be done at least twice.

b) Selecting professional auction organizations must be done based on capacity, experience and fee for auction;

c) Units that have national reserve sold shall sign auction contract with professional auction organization that are selected.

2. Setting up the board of auction

a) Board of auction for national reserve commodities shall be set up in the case it fails to select a professional auction organization.

b) Board of auction includes:

- Head of unit selling national reserve commodities shall be the chairman, directing the auction and sign the auction minute;

- Representative of financial agencies, representative of judicial agencies;

- Representative of professional agencies of national reserve units;

- Representative of competent agencies deciding on selling national reserve commodities (if any);

c) Regulations on auction, rights and responsibilities of professional auction organization shall be implemented according to the law on auction;

3. Orders of organizing the auction

Orders, procedures of organizing the auction shall be implemented in accordance with the law on auction;

4. Documents for selling national reserve commodities

a) The auction minute;

b) Contract of purchasing, selling national reserve commodities;

c) Documents showing that commodities are fully paid

d) Receipt of selling national reserve commodities;

dd)  Attached documents, technical documents (if any);

Article 19. Contract of purchasing and selling national reserve commodities that are auctioned

1. Contract of purchasing and selling national reserve commodities shall be signed between the purchaser and national reserve units that have commodities auctioned.

The time limit to sign contract shall be agreed between parties, but no later than 05 working days since the finishing day of the auction;

If it is over the time limit above, the purchaser doesn’t sign the purchase contract; doesn’t guarantee the contract or sign the contract but hasn’t paid for the commodities within the time limit, it shall be considered as refusal to purchase commodities;

2. Contract of purchasing, selling national reserve commodities includes the following contents:

a) Name, address of national reserve units selling national reserve commodities;

b) Name of the person who administrates the auction or the Board of auction;

c) Name, address, account number of organizations, individuals purchasing national reserve commodities;

d) Time, place of selling national reserve commodities;

dd) List, type, quantity of national reserve commodities;

e) Starting price of national reserve commodities;

h) Time for payment, method of payment. Time payment is within 3 days since the contract is signed.

i) Time, place of delivery, warehousing national reserve commodities. Time of warehousing, delivery is no later than 15 days since the purchaser fully pays for commodities;

k) Responsibilities of each party due to violation of obligations;

3. Contract liquidation: within 05 days since two parties complete the warehousing, delivery.

Article 20. Determination of unsuccessful auction

1. The auction shall be considered to be unsuccessful in the following cases:

a) There is no participant in auction;

b) The highest price is lower than starting price;

2. If the first auction is unsuccessful, units selling national reserve commodities shall coordinate with professional auction organizations to organize the second auction. It shall be implemented as the first auction; if the second auction is still unsuccessful, units that have commodities auctioned must report to competent persons to decide on payment methods as stipulated under Clause 2 Article 23 of this Circular.

Section 4

SELLING NATIONAL RESERVE COMMODITIES UNDER DESIGNATED SALE METHOD

Article 21. Conditions for designated sale

National reserve commodities to serve defense and security can be put on designated sale only for defense and security purposes.

Article 22. Orders of designated sale

1. The unit tasked to sell national reserve commodities draws up a plan for designated sale and submits it to the Ministry of National Defense, Ministry of Public Security for approval;

Contents of the plan for designated sale include: list, quantity, quality of national reserve commodities; selling units, purchasing units, sale place, sale time and other contents;

2. For national reserve commodities that are designated for sale under this Article, notification in the mass media is not required;

3. The unit tasked to sell national reserve commodities shall organize the sale of national reserve commodities strictly according to the approved plan;

4. Documents of selling national reserve commodities under designated sale shall be implemented according to current regulations on documents of selling national reserve commodities.

Section 5

NATIONAL RESERVE COMMODITIES PUT ON PUBLIC DIRECT SALE TO ALL SUBJECTS

Article 23. Conditions on public direct sale to all subjects

Annually, the national reserve units shall base on the plan of rotary exchange of national reserve commodities; base on national technical standards on state reserve for each type of commodity to submit to competent persons as stipulated under Article 24 of this Circular for approval of the plan on public direct sale to all subjects for commodities as stipulated under Clause 2 Article 46 of the law on national reserve, including:

1. Paddy, vaccines, germicide chemicals, plant protection drugs, plant seeds and white salt;

2. National reserve commodities which must be auctioned but cannot be sold after two unsuccessful auctions.

Article 24. Competence to approve the plan on public direct sale to all subjects

1. For national reserve commodities managed by ministries, sectors

Ministers, heads of sectors or authorized persons shall approve the plan on public direct sale to all subjects;

2. For national reserve commodities managed by the Ministry of Finance

The General Director of State Reserve shall approve the plan on public direct sale to all subjects;

Article 25. Orders of public direct sale to all subjects

1. The Units tasked to sell national reserve commodities shall make a plan public direct sale to all subjects and submit to the competent agencies as stipulated under Article 24 of this Circular for approval.

2. Contents of the plan on public direct sale to all subjects include:

a) Quantity, quality, list and place of selling national reserve commodities;

b) Sale price of national reserve commodities: based on the quality of commodities, market price at the time of submitting to the ministers, heads of sectors (for commodities managed by ministries and sectors), to the General Director of State Reserve (for commodities managed by the Ministry of Finance), the national reserve unit shall decide the selling price but it must not be lower than the minimum price decided by the Ministry of Finance. If commodities cannot be sold after two unsuccessful auctions, the price for public direct sale to all subjects must not be lower than the starting price of the auction.

c) Time of publishing, notifying, posting the plan of selling national reserve commodities.

d) Time of opening the warehouse to sell national reserve commodities;

dd) Time of finishing the sale of national reserve commodities;

3. The unit tasked to sell national reserve commodities publishes the sale plan on a newspaper for three consecutive issues or on television for three consecutive times in three days and posts it up at the sale locations on sale plan.

4. The unit tasked to sell national reserve commodities shall follow the selling procedures as follows:

a) To check quality of commodity before selling;

b) To sell commodities in accordance with the time as stipulated; collecting money first and delivering later;

c) To write the receipt, documents as stipulated, contrast money and commodity within the day;

d) To implement the reporting regime as stipulated.

Section 6

REPORTING REGIME, INSPECTION, SUPERVISION

Article 26. Reporting regime

1. Responsibilities of reporting

a) For national reserve commodities managed by ministries, sectors:

- The national reserve units: organizations, enterprises being responsible for preservation of national reserve commodities shall report to ministers, heads of sectors on warehousing, delivery, purchasing and selling of national reserve commodities as stipulated under Point b Clause 2 of this Article.

- Ministries, sectors managing national reserve commodities shall report on warehousing, delivery, purchasing and selling of national reserve commodities to the Ministry of Finance (General Department of State Reserve) before the 25thof the first month of the next quarter (for quarter report), before January 31 (for annual report).

b) For national reserve commodities managed by the Ministry of Finance:

- Department of State Reserve shall report to the General Department of State Reserve on warehousing, delivery, purchasing and selling of national reserve commodities under forms as stipulated under Point a, b Clause 2 of this Article.

- Quarterly, the General Department of State Reserve shall summarize to report to the Ministry of Finance on warehousing, delivery, purchasing and selling of national reserve commodities under the management of the Ministry of Finance;

c) Annually, the General Department of State Reserve shall summarize warehousing, delivery; purchasing and selling of national reserve commodities and report to the Ministry of Finance to submit to the Prime Minister as stipulated under Point c Clause 2 of this Article.

2. Form and time of reporting

a) Report on daily warehousing, delivery, purchasing and selling by email or phone;

b) Report in writing within 10 days after finishing warehousing, delivery, purchasing and selling of national reserve commodities;

c) The General Department of State Reserve shall report to the Ministry of Finance quarterly (before the 30thof the first month of the next quarter), annually (before February 28 of the next year).

Article 27. Inspection regime on warehousing, delivery, purchasing and selling of national reserve commodities

1. Inspection regime

a) Annually or in urgent circumstances, ministries, sectors managing national reserve commodities shall inspect and handle with violations under its competence in the process of warehousing, delivery, purchasing and selling of national reserve commodities under its management and report to the Ministry of Finance (the General Department of State Reserve).

b) The General Department of State Reserve, units under the management of the Ministry of Finance shall supervise, inspect and handle with violations under its competence in the process of warehousing, delivery, purchasing and selling of national reserve commodities for ministries, sectors managing national reserve commodities and regional department of state reserve.

c) Annually, the General Department of State Reserve shall summarize the results of inspection, handling with violation from ministries, sectors and from the General Department of State Reserve to report to the Ministry of Finance as stipulated.

2. Professional inspector under the General Department of State Reserve shall inspect the process of warehousing, delivery, purchasing and selling of national reserve commodities at regional department of state reserve and ministries, sectors managing national reserve commodities as stipulated under the law on national reserve and the law on inspection.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 28. Responsibilities of units under the management of Ministry of Finance

1. Responsibilities of the General Department of State Reserve

a) Be responsible before the Ministry of Finance on management of purchasing, selling state reserve under the management of Ministry of Finance;

b) To direct, guide Department of State Reserve on purchasing, selling State Reserve as prescribed under this Circular;

c) To train, enhance skills, profession, and regulations on warehousing, delivery, purchasing and selling of national reserve commodities for officers of the national reserve sector;

d) To inspect warehousing, delivery, purchasing and selling of national reserve commodities as stipulated under Article 27 of this Circular.

dd) To summarize warehousing, delivery, purchasing and selling of national reserve commodities nationwide and report to the Ministry of Finance as stipulated under Article 26 of this Circular.

2. Responsibility of the units under the management of the Ministry of Finance

Departments under the management of the Ministry of Finance upon its functions and tasks shall coordinate with the General Department of State Reserve to implement, guide and inspect the implementation of warehousing, delivery, purchasing and selling of national reserve commodities as stipulated under this Circular.

Article 29. Responsibilities of Ministries, sectors managing national reserves

1. To direct, guide and check units on compliance with regulations under this Circular;

2. To comply with reporting regimes as stipulated under Article 26, Point a Clause 1 Article 27 of this Circular;

3. To coordinate with the Ministry of Finance (General Department of State Reserve) to popularize regulations on warehousing, delivery, purchasing and selling of national reserve commodities.

Article 30. Effect

1. This Circular takes effect from August 01, 2015.

2. To annul the Decision No. 62/2007/QD-BTC dated July 17, 2007 of the Ministry of Finance promulgating regulations on warehousing, delivery of national reserve for foods; Decision No. 91/2007/QD-BTC dated October29, 2007 of the Ministry of Finance on amending and supplementing the Decision No. 62/2007/QD-BTC dated July 17, 2007 of the Ministry of Finance; Decision No. 97/2007/QD-BTC dated December 2007 of the Minister of Finance on promulgating the Regulation on warehousing and ex-warehousing of supplies and equipment from the national reserves directly managed by the National Reserves Administration; Circular No. 25/2011/TT-BTC dated February 25, 2011 of the Ministry of Finance regulating on sale auction of national reserve commodities; Circular No. 211/2009/TT-BTC dated November 06, 2009 of the Ministry of Finance regulating on auction of purchasing national reserve commodities in state reserve units; regulations on warehousing, delivery, purchasing and selling of national reserve commodities as stipulated under Circular No. 143/2007/TT-BTC dated December 03, 2007 of the Ministry of Finance;

Any problems arising in the course of implementation should be reported to the Ministry of Finance for research and settlement.

For Minister

Deputy Minister

Nguyen Huu Chi