Check out the gas stations that won't buy locally?
Providing the recent working minutes of the provincial interdisciplinary inspection team to Thanh Nien Newspaper, a gas station owner in Da Lat said that although it was called "advocacy", in reality, the provincial interdisciplinary inspection team requested the enterprise to sign a contract to become a retail agent for gasoline for one of the enterprises that are main traders with headquarters, branches in the province or proposed distributors. "This is done regularly (periodically and suddenly) at gasoline retail stores that have not signed contracts with main traders and distributors that have established branches or subsidiaries in the province. A record will be made and handled according to the law if violations are detected," said a representative of a gasoline retail store.
According to the owner of this gas station, the regulation in Official Dispatch 1818 (issued on March 14, 2023) of the Lam Dong Provincial People's Committee has "paved the way" or more accurately "given the green light" for the local interdisciplinary inspection team to make it difficult for the retail gas station located in the province. "Many of our gas station purchase contracts were signed at the beginning of the year, from Dong Nai, from Dak Lak, even from Ho Chi Minh City. We have been buying and selling for decades, now we are required to cancel them and sign them for local wholesalers or distributors, who have never done business with each other, making it very difficult for the business. Not to mention the fluctuating market situation, the sales costs are fluctuating, the familiar wholesalers are still understanding about payment, giving priority to goods when there is a shortage... We have been trying to persuade them but they keep checking, making records, and forcing them to explain why the contract has not been transferred... We cannot feel secure in doing business", the owner of a gas station in Lam Dong shared.
Petroleum retail businesses in Lam Dong do not agree to change to another supplier according to local movements.
According to Mr. T., the owner of a gasoline retail business in Da Lat city (Lam Dong), if the locality wants to receive the environmental protection tax for the local budget, it should clarify with the General Department of Taxation to deduct the environmental protection tax corresponding to the local consumption output. How can we "force" retail businesses to buy goods from a certain source like that? That is not to mention, in the case where the agency policies of the wholesale traders and distributors provided by the province (11 wholesale businesses, distributors - PV) do not meet the requirements of the agreement with the retail businesses, gasoline stores and have not properly implemented the regulations on commercial agents in the current Commercial Law, how can we sign? If we are forced to sign, who will protect the retail stores?
"The inspection team only inspected stores that did not convert their contracts as requested. This is a violation of the principle of freedom and voluntary agreement in commercial activities as stipulated by law, a violation of competition law in order to create unfair competition... If it is seen that getting goods from businesses located in the province is more convenient and beneficial, certainly retail businesses will not refuse. Moreover, among the 11 units above, there is a key business that has been involved in gas station cases and the province has urged dealer stores to immediately change their business. Now they are assigned to sign for retail stores...", Mr. T. was indignant.
"Pulling" customers to 11 petroleum distributors and traders?
According to Lam Dong Provincial People's Committee, the amount of tax collected from the petroleum sector paid into the provincial budget is not commensurate with the output consumed in the province. Therefore, it does not ensure the source of funding for activities to overcome environmental pollution caused by petroleum consumption. Attached is Official Dispatch 1818 on strengthening tax management, preventing revenue loss... Lam Dong Provincial People's Committee also provides a list of 9 enterprises that are key traders and petroleum distributors located in Lam Dong province, so that petroleum retailers can refer to and sign purchase and sale contracts.
Although the Provincial Tax Department is required to "mobilize and guide" petroleum retail businesses that are signing contracts to purchase petroleum from traders and key enterprises outside the province to switch to purchasing from enterprises in the province from April 1, 2023. However, the Provincial People's Committee also established an interdisciplinary inspection team, starting from the second quarter, including tax units in charge, coordinating with the police, local market management... to conduct surprise inspections of petroleum retail stores in the province that have not yet switched to signing designated contracts to collect environmental protection tax in Lam Dong province. "In case of detecting violations, promptly handle or propose to competent authorities to handle according to the provisions of law", Official Dispatch 1818 of Lam Dong Provincial People's Committee stated.
By the end of March, the Lam Dong Provincial Tax Department also added 2 more key enterprises and distributors with headquarters in the area to send to retail gasoline enterprises. Thus, there are 11 key enterprises and distributors provided by the locality to retail stores for reference, to select suppliers to sign contracts to become retail gasoline agents.
In addition, to support this "anti-tax loss" work, the province has also established an interdisciplinary inspection team on the circulation stage for the transportation and consumption of gasoline in the province. Accordingly, the inspection team is allowed to stop vehicles transporting gasoline on the gateway routes into Lam Dong province and vehicles transporting gasoline within Lam Dong province for inspection at any time (from April 1 to December 31, 2023).
If detected or suspected, the team is allowed to request the carrier to bring the goods and vehicle to the nearest tax office to take professional measures and make a record of administrative violations. Even if the vehicle does not comply with the order and has acts of resistance, the inspection team is allowed to temporarily detain the vehicle and request the local authorities where the violation occurred to coordinate in handling it according to their authority and regulations of law.
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