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MINISTRY
OF INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
17/2021/TT-BCT
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Hanoi,
November 15, 2021
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CIRCULAR
AMENDMENTS AND SUPPLEMENTS TO THE CIRCULAR NO.
38/2014/TT-BCT DATED OCTOBER 24, 2014 OF THE MINISTER OF INDUSTRY AND TRADE,
ELABORATING ON SEVERAL ARTICLES OF THE GOVERNMENT’S DECREE NO. 83/2014/ND-CP
DATED SEPTEMBER 3, 2014 ON PETROL AND OIL TRADING
Pursuant to the Government's
Decree No. 98/2017/ND-CP dated August 18, 2017, 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 dated September 3, 2014 on petrol and oil trading; the
Government’s Decree No. 95/ND-CP dated November 1, 2021, amending and
supplementing several Articles of the Government’s Decree No. 83/2014/ND-CP
dated September 3, 2014 on petrol and oil trading;
Upon the request of the Director
of the Domestic Market Department;
The Minister of Industry and
Trade herein promulgates the Circular on amendments and supplements to the
Circular No. 38/2014/TT-BCT dated October 24, 2014 of the Minister of Industry
and Trade, elaborating on several articles of the Government’s Decree No.
83/2014/ND-CP dated September 3, 2014 on petrol and oil trading.
Article 1. Amendments and supplements to the Circular
No. 38/2014/TT-BCT dated October 24, 2014 of the Minister of Industry and
Trade, elaborating on several Articles of the Government’s Decree No.
83/2014/ND-CP dated September 3, 2014 on petrol and oil trading (generally
shortened to Circular No. 38/2014/TT-BCT) as follows:
1.
Amending and supplementing clause 1 of Article 1 as follows:
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2.
Amending and supplementing several clauses of Article 2 as follows:
a)
Amending clause 3 and clause 4 as follows:
“3. Petrol
and oil seller is defined as:
a) a
main trader or an enterprise that is authorized to underwrite all petrol and
oil products manufactured by oil and petroleum refineries (when these
refineries do not directly sell finished petrol and oil products) for sale to
other main traders or petrol and oil distributors;
b) a
petrol and oil distributor selling petrol and oil products to other petrol and
oil distributors, or selling petrol and oil products to industrial units using
oil and petrol directly."
“4.
Petrol and oil buyer is defined as:
a) a
main trader buying petrol and oil products from other main traders;
b) a
petrol and oil distributor buying petrol and oil products from main traders, or
other petrol and oil distributors;
c) a
unit using oil and petrol products directly for industrial purposes.”
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“8.
International petrol and oil price is defined as the price of a finished oil
and petrol product to be traded on the Singaporean market that is published by
S&P Global Platt or other reliable or equivalently quality news
agencies.”
3.
Amending and supplementing Article 6 as follows:
“Article
6. Pre-certification examination and grant of Certificates
1.
Any trader wishing to apply for a new, updated, revised or reissued Certificate
of eligibility for designation as a main petrol and oil trader; Certificate of
eligibility for designation as a petrol and oil distributor; Certificate of
eligibility for designation as a general oil and petrol agent; Certificate of
eligibility for designation as a petrol and oil retail agent; Certificate of
conformance to oil and petrol retail trading regulations, should submit one
(01) set of application documents to the Ministry of Industry and Trade or the
Department of Industry and Trade, whether by courier or online, to the address
given by the Ministry of Industry and Trade or the Service of Industry and
Trade on its website.
2.
Administrative procedures carried out on the part of the Ministry of Industry
and Trade
a)
Administrative procedures for grant of a new, updated or revised Certificate of
eligibility for designation as a main petrol and oil trader shall be subject to
the regulations laid down in clause 3 of Article 8 in the Decree No.
83/2014/ND-CP;
b)
Administrative procedures for grant of a new, updated or revised Certificate of
eligibility for designation as a petrol and oil distributor shall be subject to
the regulations laid down in clause 3 of Article 14 in the Decree No.
83/2014/ND-CP.
c)
Administrative procedures for grant of a new, updated or revised Certificate of
eligibility for designation as a general oil and petrol agent (running its
petrol and oil distribution system in at least two (02) provinces and
centrally-affiliated cities) shall be subject to the regulations laid down in
clause 4 of Article 17 in the Decree No. 83/2014/ND-CP.
d)
If the on-site examination results are aligned with information shown in the
trader’s application, the Ministry of Industry and Trade shall issue the
Certificate by using the Form No. 2 given in the Appendix to the Decree No.
95/2021/ND-CP; the Form No. 6 and the Form No. 8 given in the Appendix to the
Decree No. 83/2014/ND-CP.
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a)
Administrative procedures for grant of a new, updated or revised Certificate of
eligibility for designation as a general oil and petrol agent (running its
petrol and oil distribution system in one (01) province and
centrally-affiliated city) shall be subject to the regulations laid down in
clause 4 of Article 17 in the Decree No. 83/2014/ND-CP.
b)
Administrative procedures for issuance of the Certificate of eligibility for
designation as a petrol and oil retail agent shall be subject to the
regulations laid down in clause 5 of Article 20 in the Decree No.
83/2014/ND-CP;
c)
Administrative procedures for issuance of the Certificate of conformance to oil
and petrol retail trading regulations shall be subject to the regulations laid
down in clause 3 of Article 25 in the Decree No. 83/2014/ND-CP.
d)
If the on-site examination results are aligned with information shown in the
trader’s application, the Department of Industry and Trade shall issue the
Certificate by using the Form No. 4, the Form No. 8 and the Form No. 10 given
in the Appendix to the Decree No. 83/2014/ND-CP.”
4.
Adding Article 6a below Article 6 as follows:
“Article
6a. Petrol and oil price regulation
1.
Oil and petrol commodities of which base prices are announced by the State are
those commodities that are commonly consumed on the market, including
biopetrol, petroleum, diesel, kerosene and mazut oil. The Ministry of
Industry and Trade shall pick through biopetrol, petroleum, diesel, kerosene
and mazut oil commodities to identify the most consumed ones as a basis to
announce the base prices.
2.
Reporting of locally-refined petroleum production: On a regular basis, by
the 29th day of the last month of a calendar Quarter, main petroleum
producers shall prepare domestic sales reports on oil and petrol commodities
classified by types by using the Form No. 7a given in the Appendix to this
Circular for the period from the 21st day of the month immediately
preceding the first month of the calendar Quarter to the 20th day of
the last month of the calendar Quarter for submission to the Ministry of
Industry and Trade. The report shall serve as a basis for calculating the
proportion (expressed in percent) of the locally-refined petrol and oil
production to the imported petrol and oil quantity for use in the base price
formulas."
5.
Amending and supplementing clause 7 of Article 7 as follows:
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The
subsidiary of the main oil and petrol trader subject to the Enterprise Law may
perform the functions assigned by the main oil and petrol trader as
follows:
a)
Signing contracts to sell oil and petrol to other main oil and petrol traders
and direct production and consumption units;
b) Signing
contracts to sell oil and petrol to oil and petrol distributors;
c)
Signing contracts to assign the rights to retail oil and petrol with retail
assignee traders;
d)
Signing agency agreements.”
6.
Adding Article 11a as follows:
Article
11a. Small gasoline vending machines
1.
Small gasoline vending machine is a device with a built-in petrol meter and a
tank having the static storage capacity at real temperature of 200 liters per
each at maximum.
2.
Locations where operation of small gasoline vending machines is permitted are
the local areas situated within the districts on the list attached to the Prime
Minister’s Decision No. 964/QD-TTg dated June 30, 2015, approving the
Commercial Development Program at mountainous, remote, isolated and island localities
for the 2015 – 2020 period, and documents prescribing amendments, supplements
to or replacement of this Decision.”
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“Article
12. Registration of total annual minimum petrol and oil quotas
1. A
main petrol and oil import and export trader shall send one (1) set of dossier
for registration of the total minimum petrol and oil quota for the subsequent
year under the provisions of clause 25 of Article 1 in the Decree No.
95/2021/ND-CP to the Ministry of Industry and Trade (Domestic Market
Department) before November 15 each year.
2. Within
thirty (30) working days after receiving the trader’s registration dossier, the
Ministry of Industry and Trade shall, based on the total petrol and oil demand
of the national economy, and the total petrol and oil demand registered by the
trader, allocate the total minimum petrol and oil quota to meet domestic
consumption demands for the entire year according to type-based distribution
proportions of petrol and oil products to the trader.
3.
In case of refusal to allocate that quota, the Ministry of Industry and Trade
must send a written response clearly stating reasons for such refusal.
4.
When wishing to make any change in the quota, the trader shall send a written
request to the Ministry of Industry and Trade by September 30 each year.
5.
The main petrol and oil trader is obliged to stick to the schedule for petrol
and oil import, or domestic petrol and oil purchase, according to regulations
in force or under the guidance of the Ministry of Industry and Trade (if any)
in order to ensure the adequate domestic supply of oil and petrol.”
8.
Amending and supplementing clause 4 of Article 13 as follows:
“4.
Export of petrol and oil by the oil and petrol producer needs to conform to the
plan (or the revised plan) endorsed by the Ministry of Industry and Trade
(Domestic Market Department) according to the regulations laid down in Article
15 in this Circular."
9.
Amending and supplementing clause 3 and clause 4 of Article 14 as follows:
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“4.
Traders may temporarily import petrol, oil and raw materials in large batches
and re-export them in the whole batches or in smaller batches from their
domestic depots according to the quantities and types of the temporarily
imported petrol, oil and raw materials minus the losses which are not greater
than the losses below the norms of losses incurred in the handling and storage
process."
10.
Adding point c to clause 3 of Article 16 as follows:
“c)
In case a petrol and oil producer encounters a force majeure event leading to
any interruption to production activities and cannot ensure the successful
delivery of goods to the main petrol and oil trader according to contracts
already in effect, the petrol and oil producer, or the enterprise that is
assigned the right to underwrite all products of the petrol and oil production
plant (in the case that the production plant does not directly sell finished
petrol and oil products), may import finished petrol and oil products to
guarantee the implementation of the petrol and oil sale contracts already in
effect after registration with the Ministry of Industry and Trade (Domestic
Market Department) according to the procedures specified at point b of this
clause.”
Article 2. Replacement and annulment of the following
regulations
1.
Replacing several phrases in the Circular No. 38/2014/ND-CP as follows:
a)
Replacing “petrol and oil import and export trader” with “main petrol
and oil trader".
b)
Replacing “petrol and oil import and export license” with “Certificate of eligibility for designation as
a main petrol and oil trader".
c)
Replacing “petrol and oil producer" with “main petroleum producer”.
2.
Abolishing several regulations laid down in the Circular No. 38/2014/TT-BCT and
the Circular No. 28/2017/TT-BCT dated December 8, 2017 of the Minister of
Industry and Trade, amending, supplementing and repealing several Circulars in
such sectors as petrol and oil business, conformity assessment business, import
and export under the state management of the Ministry of Industry and Trade as
follows:
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b) Abolishing
Article 1 in the Circular No. 28/2017/TT-BCT dated December 8, 2017 of the
Minister of Industry and Trade, amending, supplementing and repealing several
Circulars in such sectors as petrol and oil business, conformity assessment
business, import and export under the state management of the Ministry of
Industry and Trade.
Article 3. Entry into force
This
Circular shall enter into force as of January 2, 2022.
Article 4. Grandfather clause
Registration
of the total minimum petrol and oil quotas commences in November 2022 for later
use in 2023.
Article 5. Implementation
1.
Petrol and oil producers and traders, shall be responsible for monitoring,
grasping and synthesizing their factual data, and reporting to the Ministry of
Industry and Trade (Domestic Market Department on matters stipulated in the
Circular No. 38/2014/TT-BCT and this Circular. All reports are sent to
the Ministry of Industry and Trade by courier and emailed to
[email protected].
2.
In the course of implementing this Circular, should there be any difficulty
that arises, involved persons and entities may send feedback to the Ministry of
Industry and Trade to request its review and action./.
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PP. MINISTER
DEPUTY MINISTER
Do Thang Hai
APPENDIX 7A
REPORT ON TOTAL SALES
OF PETROL AND OIL PRODUCTS BY THE OIL REFINERY
Reporting period: Quarter.../Year...
(to the Circular No. 17/2021/TT-BCT dated November 15,
2021)
No.
Commodity name
Unit of measure
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Subtotal
domestically
for export
1
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2
3
...
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