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THE MINISTRY OF
INDUSTRY AND TRADE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 38/2014/TT-BCT
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Hanoi, October
24, 2014
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CIRCULAR
DETAILING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE
NO. 83/2014/ND-CP OF SEPTEMBER 3, 2014, ON PETROL AND OIL TRADING1
Pursuant to the Government’s
Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks,
powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s
Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading;
Pursuant to the Government’s
Decree No. 35/2006/ND-CP of March 31, 2006, detailing the Commercial Law
regarding commercial franchise;
The Minister of Industry and
Trade promulgates the Circular detailing a number of articles of the
Government’s Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil
trading.
Chapter I
GENERAL PROVISIONS
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1. This Circular details a
number of articles of the Government’s Decree No. 83/2014/ND-CP of September 3,
2014, on petrol and oil trading.
2. This Circular applies to
Vietnamese traders engaged in petrol and oil trading on the Vietnamese market.
Article 2. Interpretation
of terms
1. Principal means a key
trader, petrol and oil distributor or petrol and oil general agent that
delivers petrol and oil to agents.
2. Agent means a petrol and oil
general agent or petrol and oil retail agent that receives petrol and oil from a
principal.
3. Petrol and oil seller means:
a/ A key trader that sells
petrol and oil to another key trader or to a petrol and oil distributor;
b/ A petrol and oil distributor
that sells petrol and oil to another petrol and oil distributor.
4. Petrol and oil purchaser
means:
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b/ A petrol and oil distributor
that purchases petrol and oil from a key trader or from another petrol and oil
distributor.
5. Petrol and oil retail
franchisor means a key trader or petrol and oil distributor that grants
commercial franchise to a petrol and oil retail franchisee.
6. Petrol and oil retail
franchisee means a petrol and oil trader that is granted a commercial franchise
by a petrol and oil retail franchisor.
7. Petrol and oil retail
franchise means the franchisor permitting and requesting the franchisee to
conduct the franchisor’s petrol and oil retail activities in a system
designated by the franchisor which are associated with its/his/her goods, goods
brand, trade name, business slogan, business symbol and advertising activities.
The term of a petrol and oil retail franchise contract must conform to the
validity duration of the import and export license of the petrol and oil import
and export trader or the certificate of eligibility of petrol and oil
distributor, and must be at least twelve (12) months.
Article 3. Petrol
and oil agent contract
1. A petrol and oil agent
contract shall be made in writing with the following principal contents:
a/ Names, addresses and tax
identification numbers of the agent and principal; form of agency; quantity,
quality and kinds of petrol and oil, method of delivery and receipt, sale
price, and agency remuneration; and other commitments as prescribed by law and
this Circular;
b/ Responsibilities of related
parties for the quality of petrol and oil; petrol and oil quality inspection
and supervision and joint responsibility for the quantity and quality of petrol
and oil sold within the network of petrol and oil agents of the key trader,
distributor or general agent (when acting as principals);
c/ Specific provisions on
supply of invoices and documents; payment of remuneration; and invoices and
documents on goods transported on roads by petrol and oil vehicles of agents as
prescribed by the Ministry of Finance;
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2. A contract must have a
validity duration of at least twelve (12) months.
Article 4. Petrol
and oil purchase and sale contract
A petrol and oil purchase and
sale contract shall be made in writing with the following principal contents:
1. Names, addresses and tax
identification numbers of the seller and purchaser; quantity, quality and kinds
of petrol and oil, method of delivery and receipt, and sale and purchase
prices; and other commitments as prescribed by law and this Circular.
2. Responsibilities of related
parties for the quality of petrol and oil.
3. Specific provisions on
supply of invoices and documents on petrol and oil purchase and sale; and
invoices and documents on goods transported on roads by petrol and oil vehicles
as prescribed by the Ministry of Finance.
Article 5. Petrol
and oil retail franchise contract
1. A petrol and oil retail
franchise contract shall be made in writing with the following principal
contents:
a/ Names, addresses and tax
identification numbers of the franchisor and franchisee; contents of the petrol
and oil retail right; quantity, quality and kinds of petrol and oil and method
of delivery and receipt; prices, periodical franchise charges and method of
payment; and other commitments as prescribed by law and this Circular;
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2. A contract must have a
validity duration of at least twelve (12) months.
Article 6. Examination,
grant of licenses and certificates
1. Within thirty (30) working
days after receiving a complete and valid dossier, the Ministry of Industry and
Trade shall examine and appraise the dossier, inspect the actual capacity of
the trader and grant a petrol and oil import and export license; a certificate
of eligibility of petrol and oil distributor; or a certificate of eligibility
of petrol and oil general agent to the trader (for traders having petrol and
oil distribution networks in two or more provinces and centrally run cities).
The Ministry of Industry and
Trade shall, on a case-by-case basis, work with or authorize the
provincial-level Industry and Trade Department of the locality where the
trader’s head office is based or the provincial-level Industry and Trade
Department of the locality where the trader’s petrol and oil establishment is
located, to inspect the actual capacity of the trader and send the inspection
minutes to the Ministry of Industry and Trade for consideration and grant of a
certificate of eligibility of petrol and oil distributor or petrol and oil
general agent.
Within thirty (30) working days
after receiving a complete and valid dossier, the provincial-level Industry and
Trade Department shall examine and appraise the dossier, inspect the actual
capacity of the trader and grant a certificate of eligibility of petrol and oil
general agent (for traders having a petrol and oil distribution network in 1
province or centrally run city); a certificate of eligibility of petrol and oil
retail agent; or a certificate of eligibility of petrol and oil retail station.
2. In case inspection results
show inconsistencies with the trader’s dossier, the Ministry of Industry and
Trade or the provincial-level Industry and Trade Department shall issue a
written refusal to grant a license to the trader and clearly state the reason
for such refusal.
3. In case inspection results
show consistencies with the trader’s dossier:
a/ The Ministry of Industry and
Trade shall grant a license to the trader, made according to form No. 2, form
No. 6 or form No. 8 provided in the Appendix to Decree No. 83/2014/ND-CP;
b/ The provincial-level
Industry and Trade Department shall grant a license to the trader, made
according to form No. 4, form No. 8 or form No. 10 provided in the Appendix to
Decree No. 83/2014/ND-CP.
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5. In case of application for a
supplemented, modified or re-granted license, traders shall send one (1)
dossier set to the Ministry of Industry and Trade or the provincial-level
Industry and Trade Department through official correspondence channel or online
to the address notified by the Ministry of Industry and Trade or the
provincial-level Industry and Trade Department on its website.
6. Traders shall pay charges
and fees in accordance with law. Charges and fees shall be used under
regulations of the Ministry of Finance and the Ministry of Industry and Trade.
Chapter
II
PETROL AND OIL TRADING
ACTIVITIES
Article 7. Petrol
and oil import and export traders
A petrol and oil import and
export trader shall:
1. Periodically register
its/his/her petrol and oil distribution networks with the Ministry of Industry
and Trade before January 31 every year according to form No. 1 provided in the
Appendix to this Circular. Within thirty (30) working days after making any changes
in these networks, send modified registrations to the Ministry of Industry and
Trade.
2. Send monthly, quarterly and
annual reports on quantities of petrol and oil brought into and out of and left
in depots in the north, central and south, made according to form No. 2
provided in the Appendix to this Circular, to the Ministry of Industry and
Trade and send extraordinary reports upon request of the Ministry of Industry
and Trade. Send periodical reports to the Ministry of Industry and Trade before
the 20th of the first month of the subsequent reporting period.
3. Send monthly reports on the
import of petrol and oil, purchase of domestically produced petrol and oil,
processing of petrol and oil, export of petrol and oil, temporary import for
re-export and border-gate transfer of petrol and oil, made according to form
No. 5 provided in the Appendix to this Circular, to the Ministry of Industry
and Trade before the 20th of the subsequent month.
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5. Sign a petrol and oil
purchase and sale contract with another key trader or a contract to sell petrol
and oil to a petrol and oil distributor.
6. Sign a petrol and oil retail
franchise contract with a petrol and oil retail franchisee.
7. Wholesale petrol and oil to
producers and consumers.
Subsidiaries of a petrol and
oil import and export trader as prescribed in the Enterprise Law may conduct
activities authorized by such trader, including:
a/ Wholesaling petrol and oil
to producers and consumers;
b/ Signing contracts to sell
petrol and oil to petrol and oil distributors;
c/ Signing petrol and oil
retail franchise contracts with petrol and oil retail franchisees;
d/ Signing agency contracts.
8. Manage its/his/her petrol
and oil distribution networks and traders within these networks, ensuring
lawful petrol and oil trading activities, market stabilization and price
valorization.
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10. Based on the time of grant
of the petrol and oil import and export license, send a report on its/his/her
satisfaction of the conditions on physical foundations for petrol and oil
trading according to roadmap as prescribed in Article 7 of Decree No.
83/2014/ND-CP, made according to form No. 3 provided in the Appendix to this
Circular, to the Ministry of Industry and Trade, enclosed with supporting
documents, within:
a/ Fifteen (15) working days
after completing the roadmap, for depots and vehicles;
b/ The first fifteen (15)
working days of the year following the previous year’s reporting period, for
petrol and oil retail stations.
Article 8. Petrol
and oil distributors
A petrol and oil distributor
shall:
1. Periodically register
its/his/her petrol and oil distribution networks with the Ministry of Industry
and Trade before January 31 every year according to form No. 1 provided in the Appendix
to this Circular. Within ten (10) working days after making any changes in
these networks, send modified registrations to the Ministry of Industry and
Trade.
2. Send monthly, quarterly and
annual reports on quantities of petrol and oil brought into and out of and left
in depots in the north, central and south, made according to form No. 2
provided in the Appendix to this Circular, to the Ministry of Industry and
Trade and send extraordinary reports upon request of the Ministry of Industry
and Trade. Send periodical reports to the Ministry of Industry and Trade before
the 20th of the first month of the subsequent reporting period.
3. Sign a contract to purchase
petrol and oil from a key trader or another petrol and oil distributor
according to Article 15 of Decree No. 83/2014/ND- CP.
4. Sign an agent contract to
deliver petrol and oil to an agent for petrol and oil distribution.
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6. Manage its/his/her petrol
and oil distribution networks and traders of these networks, ensuring lawful
petrol and oil trading activities, market stabilization and price
stabilization.
Article 9. Petrol
and oil general agents
A trader being a petrol and oil
general agent shall:
1. Periodically register
its/his/her petrol and oil distribution network with the principal, the
provincial-level Industry and Trade Department of the locality where the
trader’s petrol and oil distribution network is located, and with the Ministry
of Industry and Trade before January 10 every year according to form No. 1
provided in the Appendix to this Circular. Within ten (10) working days after
making any changes in this network, send modified registrations to the
principal, the provincial-level Industry and Trade Department of the locality
where the trader’s petrol and oil distribution network is located, and to the
Ministry of Industry and Trade.
2. Sign a contract to act as a
petrol and oil general agent under Article 18 of Decree No. 83/2014/ND-CP.
Liquidate the agent contract with the current principal before signing a
contract to act as a petrol and oil general agent for another principal.
3. Sign an agent contract to
deliver petrol and oil to an agent for petrol and oil distribution.
4. Based on the contract signed
with the principal, organize continuous and stable supply of petrol and oil for
its/his/her whole distribution networks to fully and promptly meet market
demands.
5. Not sell petrol and oil at
prices higher than retail prices set by the key trader.
6. Refuse to receive petrol and
oil from the principal if having grounds to believe that petrol and oil fail to
meet quality requirements.
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A trader being a petrol and oil
retail agent shall:
1. Periodically register
its/his/her petrol and oil distribution network with the principal and the
provincial-level Industry and Trade Department of the locality where the
trader’s petrol and oil distribution network is located before January 5 every
year according to form No. 1 provided in the Appendix to this Circular. Within
ten (10) working days after making any changes in this network, send modified
registrations to the principal and the provincial-level Industry and Trade
Department of the locality where the trader’s petrol and oil distribution
network is located.
2. Sign a contract to act as a
petrol and oil retail agent under Article 21 of Decree No. 83/2014/ND-CP.
Liquidate the agent contract with the current principal before signing a contract
to act as a petrol and oil agent for another principal.
3. Ensure continuous supply of
petrol and oil on the market and not sell petrol and oil at prices higher than
retail prices set by a key trader or petrol and oil distributor.
4. Refuse to receive petrol and
oil from the principal if having grounds to believe that petrol and oil fail to
meet quality requirements.
Article
11. Petrol and oil retail franchisees
A petrol and oil retail
franchisee shall:
1. Periodically register
its/his/her petrol and oil distribution network with the franchisor, the
provincial-level Industry and Trade Department of the locality where the
trader’s petrol and oil distribution network is located, and with the Ministry
of Industry and Trade before January 5 every year according to form No. 1
provided in the Appendix to this Circular. Within ten (10) working days after
making any changes in this network, send modified registrations to the
franchisor, the provincial-level Industry and Trade Department of the locality
where the trader’s petrol and oil distribution network is located, and to the
Ministry of Industry and Trade.
2. Sign a contract to act as a
petrol and oil retail franchisee under Article 23 of Decree No. 83/2014/ND-CP
and the law on commercial franchise. Liquidate the franchise contract with the
current franchisor before signing a petrol and oil retail franchise contract
with another franchisor.
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IMPORT, EXPORT,
TEMPORARY IMPORT FOR RE-EXPORT AND BORDER-GATE TRANSFER OF PETROL AND OIL AND
RAW MATERIALS
Article
12. Registration of annual minimum petrol and oil import quotas
1. A petrol and oil import and
export trader shall send one (1) set of dossier for registration of a minimum
petrol and oil import quota for the subsequent year under Article 34 of Decree
No. 83/2014/ND-CP to the Ministry of Industry and Trade before November 15 of
the current year.
2. Within thirty (30) working
days after receiving the trader’s dossier, the Ministry of Industry and Trade
shall, based on the total demand for petrol and oil for domestic sale and the
total quantity of petrol and oil for domestic production and processing, assign
a minimum petrol and oil import quota to each enterprise, depending on types of
petrol and oil.
3. If refusing to assign a
minimum petrol and oil import quota to the trader, the Ministry of Industry and
Trade shall issue a written reply clearly stating the reason.
4. If wishing to adjust the
minimum petrol and oil import quota, the trader shall send a written request
for adjustment to the Ministry of Industry and Trade before September 30 every
year.
5. A petrol and oil import and
export trader shall conduct import on a quarterly basis or comply with the
Ministry of Industry and Trade’s written instructions, if any, on petrol and
oil import schedule, to ensure sufficient petrol and oil for supply.
Article
13. Export of petrol and oil and raw materials
1. A petrol and oil import and
export trader may only export petrol and oil after obtaining approval from the
Ministry of Industry and Trade.
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3. Licensing is not required
for the export of raw materials (excluding petrol and oil).
4. The export of petrol and oil
and raw materials by petrol and oil producers must comply with registered plans
as certified by the Ministry of Industry and Trade under Article 15 of this
Circular.
5. A trader shall send by post
a registration application for petrol and oil export to the Ministry of
Industry and Trade, made according to form No. 4 provided in the Appendix to
this Circular. Within seven (7) working days after receiving such application,
the Ministry of Industry and Trade shall issue a written approval of petrol and
oil export or state in writing the reason for its disapproval of petrol and oil
export.
Article
14. Temporary import for re-export and border-gate transfer of petrol and
oil and raw materials
1. Only traders that possess
petrol and oil import and export licenses may conduct temporary import for
re-export and border-gate transfer of petrol and oil and raw materials.
2. Traders that wish to sell
petrol and oil to the entities prescribed at Point a, Clause 5, Article 35 of
Decree No. 83/2014/ND-CP shall register the business line of supplying aviation
fuel. Traders that wish to sell petrol and oil to the entities prescribed
at Point b, Clause 5, Article 35 of Decree No. 83/2014/ND-CP shall register the
business line of providing ocean shipping services, or shall sell petrol and
oil through ocean shipping companies being supply agents.
3. The duration of storage in
Vietnam of petrol and oil and raw materials temporarily imported for re-export
must comply with Article 11 of the Government’s Decree No. 187/2013/ND-CP of
November 20, 2013.
4. Traders may temporarily
import petrol and oil and raw materials in large batches and re-export them in
the whole batches or in smaller batches from their domestic depots with the
quantities and kinds of the temporarily imported petrol and oil and raw
materials.
5. Traders that conduct
temporary import for re-export and border-gate transfer of petrol and oil and
raw materials may sell on the domestic market the volumes of petrol and oil not
re-exported or not fully re-exported after fulfilling all tax and financial
obligations, including late payment interests (if any), and shall comply with
current regulations on the quality of petrol and oil imported and circulated on
the domestic market.
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PRODUCTION AND EXPORT
PROCESSING OF PETROL AND OIL
Article
15. Production of petrol and oil, import of raw materials for petrol and
oil production
1. Petrol and oil producers
shall register their plans on production of petrol and oil, import of raw
materials for petrol and oil production and sale of petrol and oil products
with the Ministry of Industry and Trade.
2. The import of raw materials
for petrol and oil production and the export of petrol and oil produced by
traders must comply with registered plans as certified by the Ministry of
Industry and Trade.
3. Traders may only register
the import of the kinds of raw materials specified in Clause 6, Article 3 of Decree
No. 83/2014/ND-CP according to their production capacity.
4. Imported raw
materials may only be used for petrol and oil production at establishments of
traders. Change of use purposes of raw materials is subject to written approval
by the Ministry of Industry and Trade.
Article 16. Dossiers and procedures for registration of plans on
production of petrol and oil, import of raw materials for petrol and oil
production and sale of petrol and oil products
1. A dossier for registration
of a plan on production of petrol and oil, import of raw materials for petrol
and oil production and sale of petrol and oil products must comprise:
a/ An application for
registration of a plan on production of petrol and oil, import of raw materials
for petrol and oil production and sale of petrol and oil products, made
according to form No. 06 provided in the Appendix to this Circular: four (4)
originals;
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c/ Documents proving that the
trader has a petrol and oil production establishment under the approved
planning and that the trader’s investment certificate is granted by a competent
authority: copies bearing the trader’s true-copy mark;
d/ Documents proving that the
trader has its/his/her own laboratory which is fully capable of testing petrol
and oil quality criteria according to relevant national technical regulations:
copies bearing the trader’s true-copy mark.
2. Traders that have stable
production establishments are not required to submit the papers specified at
Points b, c and d, Clause 1 of this Article from the second registration on.
3. Order and procedures for
certification of a plan on production of petrol and oil, import of raw
materials for petrol and oil production and sale of petrol and oil products
a/ Before October 30 every
year, a petrol and oil producer shall submit a dossier for registration of a
plan on production of petrol and oil, import of raw materials for petrol and
oil production and sale of petrol and oil products as prescribed in Clause 1 of
this Article for the subsequent year;
b/ Within ten (10) working days
after receiving the trader’s dossier, the Ministry of Industry and Trade shall
certify the plan on production of petrol and oil, import of raw materials for
petrol and oil production and sale of petrol and oil products for the trader to
implement. The written certification shall be sent to the General Department of
Customs under the Ministry of Finance for carrying out procedures to control
the trader’s import of raw materials and to the Directorate for Standards,
Metrology and Quality under the Ministry of Science and Technology for
examining and supervising the trader’s satisfaction of the conditions specified
in Articles 10 and 11 of Decree No. 83/2014/ND-CP.
If refusing to give
certification, the Ministry of Industry and Trade shall issue a written reply
clearly stating the reason to the trader.
4. Petrol and oil producers
shall send monthly reports on the production of petrol and oil, import of raw
materials for petrol and oil production and sale of petrol and oil products to
the Ministry of Industry and Trade before the 10th of the subsequent month,
made according to form No. 7 provided in the Appendix to this Circular.
5. A trader that fails to
strictly implement the certified plan on petrol and oil production and
processing shall make a report clearly stating the reason and request the
Ministry of Industry and Trade to certify adjustment of such plan.
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1. Only petrol and oil
producers may process petrol and oil products for export.
2. In case the
processing-ordering party designates the sale of processed petrol and oil
products to Vietnamese traders for domestic sale, such products may be sold
only to key traders and must comply with current regulations on the quality of
petrol and oil imported or circulated on the domestic market.
3. In case petrol and oil
import and export traders purchase processed petrol and oil products, the
quantities of such products shall be included in the minimum petrol and oil
import quota.
Chapter V
ORGANIZATION OF
IMPLEMENTATION
Article
18. Effect
This Circular takes effect on
November 1, 2014.
Article
19. Implementation responsibility
1. The Domestic Market
Department shall:
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b/ Work with related units in
examining the conditions for grant and revocation of licenses and certificates
under Article 6 of this Circular.
2. The Science and Technology
Department shall:
a/ Work with related units in
reviewing, revising, supplementing and completing national technical
regulations on design requirements for land and water-based petrol and oil
stations for uniform implementation nationwide;
b/ Work with related units in
prescribing rates of petrol and oil wastage to meet state management
requirements;
c/ Work with related units in
implementing the roadmap for application of ratios of mixing biofuel with
conventional fuels under the Prime Minister’s regulations.
3. The E-Commerce and
Information Technology Department shall work with the Domestic Market
Department, the Finance Department and the Ministry’s Office in publicizing
information on petrol and oil trading and corporate finance on the website of
the Ministry of Industry and Trade.
4. The units under the Ministry
of Industry and Trade shall, within their functions, tasks and powers, work
with the Domestic Market Department in monitoring, managing, supervising,
inspecting and examining the implementation of this Circular.
5. Provincial-level Industry
and Trade Departments, related organizations and individuals and petrol and oil
traders shall implement this Circular.
6. Any problems arising in the
course of implementation of this Circular should be reported to the Ministry of
Industry and Trade for study, amendment and supplementation as appropriate.-
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FOR THE
MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER
Do Thang Hai
* All appendices to this
Circular are not translated.