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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
118/2011/ND-CP
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Hanoi,
December 16, 2011
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DECREE
AMENDING AND SUPPLEMENTING ADMINISTRATIVE PROCEDURES IN
PETROL AND OIL AND LIQUEFIED PETROLEUM GAS TRADING
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
At the proposal of the
Minister of Industry and Trade.
DECREES:
Article 1.
To amend and supplement a number of articles of the Government's Decree No.
84/2009/ND-CP of October 15, 2009, on petrol and oil trading
1. To replace the phrase
"valid copy" provided in Decree No. 84/2009/ND-CP with the word
"copy".
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"12. Copy means:
a/ Certified copy (for
submission of dossiers by post or as administrative correspondence);
b/ Copy enclosed with the
original for comparison ( for direct submission of dossiers):
c/ Copy scanned from the
original (for online submission of dossiers under administrative
procedures)."
3. To amend and supplement
Clause 6, Article 8 as follows:
"6. A petrol and oil
import-export license is revoked when it expires: the trader no longer operates
in petrol and oil export and import; the trader goes bankrupt under law;
violations of import-export business conditions provided in Article 7 of this
Decree are committed; or in other cases under law,"
4. To amend and supplement
Point b, Clause 3, Article 16 as follows:
"b/ Within twenty (20)
working days after receiving a valid dossier, the provincial-level Industry and
Trade Department shall consider, evaluate and grant a certificate of
eligibility for petrol and oil trading according to form No. 4 attached to this
Decree to the trader. In case of refusal, it shall issue a written reply
clearly stating the reason."
5. To add the following
Article 23a below Article 23:
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1. Based on its petrol and oil
import situation in a year and development plan for the subsequent year, a
trader engaged in petrol and oil import-export shall annually register its
minimum quota for petrol and oil import with the Ministry of Industry and Trade.
2. A registration dossier
comprises:
a/ A written request specifying
the volumes and categories of petrol and oil registered for minimum import
quota:
b/ A report on the trader's
petrol and oil import in the year.
3. The dossier shall he
submitted in one (1) set."
Article 2.
To amend and supplement a number of articles of the Government's Decree No.
107/2009/ND-CP of November 26, 2009, on liquefied petroleum gas trading
1. To replace the phrase
'"copy certified by a competent agency" provided in Decree No.
107/2009/ND-CP with the word -copy".
2. To add the following
Clause 18 to Article 3:
"18. Copy means:
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b/ Copy enclosed with the
original for comparison (for direct submission of dossiers):
c/ Copy scanned from the
original (for online submission of dossiers under administrative
procedures)."
3. To amend and supplement
Article 17 as follows:
"Article 17. Grant of
certificates of satisfaction of LPG bottling conditions
1. The provincial-level Industry
and Trade Department shall grant a certificate of satisfaction of LPG bottling
conditions to each LPG bottling station under this Article.
2. A dossier of application for
a certificate of satisfaction of LPG bottling conditions shall be submitted in
one (1) set. comprising:
a/ An application for a
certificate, made according to the form provided in Appendix III to this
Decree:
b/ Copies of:
- The business registration
certificate, covering the business line of LPG bottling or tank truck filling;
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- The slip of results ò
inspection of each measuring equipment or device used by the bottling station:
weight scale, capacity-measuring device, pressure gauge and other equipment and
dev ices:
- The certificate of
satisfaction of fire prevention and fighting conditions:
- The processes of LPG bottling,
machinery and equipment operation, and incident response. and safety rules:
- The construction permit.
c/ A site plan (on paper of A2
or larger size ) showing the locations of tanks and the bottling station,
positions for pumping/filling LPG out of/into lank trucks, storehouses or
workshops, lanes for trucks, fire alarms and fighting devices. LPG pipelines,
electric system, and LPG supply control system. Site drawings must clearly
display the capacity, positions, sizes and minimum safety distance of tanks
provided in Appendix IX to this Decree.
3. Within three (3) working days
after receiving a dossier, the provincial-level Industry and Trade Department
shall notify the trader of the dossier's completeness and validity.
Within ten (10) working days
after receiving a complete and valid dossier, the provincial-level Industry and
Trade Department shall consider and evaluate the dossier and grant a
certificate of satisfaction of LPG bottling conditions, made according to the
from provided in Appendix IV to this Decree. In case of refusal, it shall issue
a written reply clearly stating the reason.
4. Traders obtaining
certificates of satisfaction of LPG bottling conditions shall pay charges and
fees under the Ministry of Finance's regulations."
4. To amend and supplement
Clause 2. Article 30 as follows:
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Within seven (7) working days
after receiving a valid dossier, the provincial-level Industry and Trade
Department shall consider and evaluate the dossier and grant a certificate of
eligibility for LPG trading to each bottled LPG shop, which is made according to
the form provided in Appendix II to this Decree and valid for five (5) years
from the date of its grant. When the certificate expires, the trader shall
carry out procedures under regulations for certification for the subsequent
period."'
5. To annul the requirement
for "a certificate of satisfaction of security and order conditions
granted by a competent police office" as follows:
To annul the requirement for
"a certificate of satisfaction of security and order conditions granted by
a competent police office" provided in Clause 6. Article 16: Clause 5.
Article 17: Clause 2. Article 26: Clause 3. Article 29: Point e. Clause 1.
Article 30: Clause 4, Article 33: Point d. Clause 1. Article 34: Clause 3.
Article 37: Point d. Clause 1, Article 38; and Point b. Clause 6. Article 56 of
Decree No. 107/2009/ND-CP .
6. To annul the requirement
for "a training certificate granted to each employee of the automobile
LPG filling station" and "a professional training certificate granted
to each employee of the LPG supply station" as follows:
To annul the requirement for
submission of "a training certificate granted to each employee of the
automobile LPG filling station under Clause 3. Article 6 of this Decree"
provided at Point d. Clause 1, Article 34 of Decree No. 107/2009/ND-CP and
"a professional training certificate granted to each employee of the LPG
supply station under Clause 3, Article 6 of this Decree" provided at Point
d. Clause 1. Article 38 of Decree No. 107/2009/ND-CP .
7. To amend and supplement
Clause 2, Article 34 as follows:
"2. Within seven (7)
working days after receiving a valid dossier, the provincial-level Industry and
Trade Department shall consider and evaluate the dossier and grant a
certificate of satisfaction of automobile LPG filling conditions to each
filling station, made according to the form provided in Appendix VIII to this
Decree. In case of refusal, it shall issue a written reply clearly slating the
reason for the trader to complete the dossier as required to obtain a
certificate."
8. To rename the formality
for granting "a certificate of eligibility for liquefied petroleum gas
trading" as follows:
To replace the phrases
"certificate of eligibility for LPG trading" provided in Article 29
and at Point a. Clause 1. and Clause 2. Article 30; "certificate of
eligibility for bottled LPG trading" provided in Clauses 1 and 3. Article
30 and at Point a. Clause 3. Article 58;"certificate of business
eligibility of bottled LPG shop" provided in the title of Article 30, and
at Point b, Clause 1. Article 56. and Point h. Clause 1. Article 58;
"certificate of business eligibility" provided in Clause 3. Article
59; "certificate of satisfaction of conditions on liquefied petroleum gas
shops" provided in Appendix I: "certificate of eligibility for
liquefied petroleum gas trading" provided in Appendices I and II: and
'"certificate of business eligibility of liquefied petroleum gas
shop" provided in Appendix II to Decree No. 107/ 2009/ND-CP with the
phrase "certificate of eligibility for liquefied petroleum gas trading of
bottled LPG shop."
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To annul the requirement for
submission of "a list of physical and technical foundations enclosed with
supporting documents" provided at the end of Appendices I. III. V and VII
to Decree No. 107/2009/ND-CP .
Article 3.
Effect
This Decree takes effect on
February 1, 2012.
Article 4.
Implementation provisions
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, chairpersons
of provincial-level People's Committees and related organizations and persons
shall implement this Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung