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THE
MINISTRY OF TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
422/2003/QD-BTM
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Hanoi,
April 11, 2003
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DECISION
PROMULGATING THE REGULATION ON INVESTMENT IN BUILDING
PETROLEUM DEPOTS NATIONWIDE
THE MINISTER OF TRADE
Pursuant to the Government's Decree No. 95/CP
of December 4, 1993 defining the functions, tasks, powers and organizational
structure of the Ministry of Trade;
Pursuant to the Regulation on Investment and Construction Management, promulgated
together with the Government's Decree No. 52/1999/ND-CP of July 8, 1999, Decree
No. 12/2000/ND-CP of May 5, 2000 and Decree No. 07/2003/ND-CP of January 30,
2003 amending and supplementing a number of articles of the Regulation on
Investment and Construction Management, promulgated together with Decree No.
52/1999/ND-CP;
Pursuant to the Prime Minister's Decision No. 93/2002/QD-TTg of July 16, 2002
approving the Planning on development of the national system of petroleum
depots till 2010;
At the proposal of the director of the Planning and Statistics Department -
Chairman of the Board of Management of Planning Projects, the Ministry of Trade,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on investment in building
petroleum depots nationwide.
Article 2.- The Ministry
of Trade and other concerned ministries and branches as well as
petroleum-trading enterprises nationwide shall have to implement this Decision.
Article 3.- This
Decision takes implementation effect 15 days after its signing; all previous
regulations contrary to this Regulation are hereby annulled.
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THE MINISTRY OF TRADE
VICE MINISTER
Le Danh Vinh
REGULATION
ON INVESTMENT IN BUILDING PETROLEUM DEPOTS NATIONWIDE
(Promulgated together with decision No. 422/2003/QD-BTM of April 11,
2003 of the Minister of Trade)
Chapter I
GENERAL PROVISIONS
Article 1.- Contents
and objectives of management
This Regulation establishes the State management
principles, criteria and requirements which investors must comply with when
they prepare for investment in building petroleum depots in the Vietnamese
territory. This Regulation aims to establish order and discipline in the
building of petroleum depots, ensuring the requirement of efficiently
exploiting the construction land fund nationwide, socio-economic efficiency and
investment efficiency in line with the general development plannings of the
nation, branches and localities in the spirit of the Prime Minister's Decision
No. 93/2002/QD-TTg of July 16, 2002 approving the Planning on development of
the national system of petroleum depots till 2010 (hereinafter referred to as
the general planning) and the Plannings on development of the system of
petroleum depots in different regions nationwide (hereinafter referred to as
the regional plannings), and ensuring the effective management of activities of
investment in building petroleum depots, suitable to the developments in the
process of perfecting the national system of petroleum depots.
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In this Regulation, the following words and
phrases are construed as follows:
1. Petroleum tanks are construction works to
store petroleum, which comply with the State's regulations on technical
standards, fire and explosion prevention and fight safety, environmental
sanitation...
2. Petroleum depots are areas where exist many
petroleum tanks; if a depot has only one petroleum tank, such petroleum tank is
also considered a petroleum depot.
3. Terminal depots are depots capable of receiving
petroleum directly from ships carrying imported petroleum or from oil
refineries.
4. Rear depots are depots which receive
petroleum from terminal depots or other depots.
5. Expanded investment means the implementation
of supplementary construction projects at existing petroleum depots so as to
raise the depots’ storing capacity.
6. New investment means the implementation of
projects on building petroleum depots in (new) areas where exist no petroleum
depots or building new petroleum depots in replacement of old ones.
7. Petroleum-trading enterprises are enterprises
which satisfy all the prescribed conditions and are granted by competent State
bodies petroleum-trading licenses.
8. Investors are enterprises which formulate
investment projects on building petroleum depots, and are established under the
State Enterprise Law or the Enterprise Law, and possess petroleum-trading
licenses.
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10. The Councils for evaluation of investment
projects on building petroleum depots in the localities (referred to as the
Project Evaluation Councils for short) are councils set up under decisions of
the provincial/municipal People's Committees at the proposals of the
provincial/municipal Trade Services, composed of competent representatives of
the provincial/municipal Services of Trade; Planning and Investment; Science,
Technology and Environment; Land Administration; Construction; and Planning and
Architecture (if any), the fire prevention and fight police and other concerned
State management agencies in the localities (if necessary). The directors of
the provincial/municipal Trade Services shall act as chairmen of these
councils.
11. Evaluation documents are documents assessing
the extent of compatibility of the investment projects with the requirements on
the size, location as well as construction demands in the systems of petroleum
depots in the regions or localities where the investors will invest in building
such investment projects.
12. Investment-approving and -permitting
documents are documents permitting the investors to proceed with the subsequent
procedures for undertaking the construction of petroleum depots (such as
procedures of application for land allocation; for granting of certificates of
assurance of fire and explosion prevention and fight safety, certificates of
environmental protection; approval of designs').
Article 3.- Subjects
of regulation
Investment projects on building terminal depots,
investment projects on building rear depots (including entrepots and
distribution depots); expanded investment projects and new investment projects.
This Regulation shall not govern investment
projects on building: bonded warehouses, the armed forces' petroleum depots in
service of separate tasks; warehouses built only to serve the needs of separate
consumer households; warehouses, petrol and oil tanks of filling stations;
warehouses for storing lubricating oils, liquefied gas, liquid asphalt and other
petro-chemical products other than principal petroleum.
Article 4.- Scope of
application
Petroleum-trading enterprises within the
national trading system, management agencies involved in the process of
carrying out procedures for expanded investment or new investment in petroleum
depots in service of business and national reserves; enterprises investing in
building petroleum depots for lease.
Article 5.- General
principles for management of the Plannings
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2. Where two or more enterprises concurrently
apply for permission to invest in building petroleum depots in the same
locality, the priority order in the investment evaluation, approval and
permission shall be as follows:
a/ Investment form: (1) expanded investment, (2)
new investment.
b/ Investor: (1) Major enterprises; (2) other
enterprises: (2a) enterprises headquartered in the locality; (2b) enterprises
headquartered elsewhere.
3. On the basis of the size, financial
capability, prestige (quality of products and services), tasks and possibility
to fulfill the function of stabilizing the market of the enterprises applying
for investment permission, the competent authorities shall determine the need,
size and reasonable investment level of each investment project on the basis of
comparing the approved plannings in the regions in each period and requirements
stemming from reality.
4. The investment projects on petroleum depots
must, apart from complying with the provisions of this Regulation, be
implemented in accordance with the provisions of the Regulation on Investment
and Construction Management, promulgated together with the Government's Decree
No. 52/1999/ND-CP of July 8, 1999, articles of the Government's Decree No.
12/2000/ND-CP of May 5, 2000 and Decree No. 07/2003/ND-CP of January 30, 2003
and other relevant legal documents currently in force.
Chapter II
CONDITIONS, DOSSIERS FOR
INVESTMENT EVALUATION, APPROVAL AND PERMISSION
Article 6.- Conditions
for investment in building terminal depots
1. Meeting the demands of developing and
supplementing the storing capacity of the regional and national systems of
petroleum depots in each period; being compatible with the socio-economic
development planning of each region or locality, with the master plan on
development of urban centers till 2010 and 2020.
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a/ Having a storing capacity of 10,000 m3 or
more;
b/ Having special-purpose ports where ships of a
tonnage of 10,000 DWT or more can anchor and pump petroleum into depots;
c/ Having the task of ensuring the source of
petroleum for a particular region or for redistribution to other regions across
the country.
d/ Satisfying the current criteria and norms for
building petroleum depots as well as national standards on safety and
environment.
3. Being eligible enterprises which are
permitted under decisions of the Prime Minister to directly import petroleum.
The priority order in the investment evaluation,
approval and permission with regard to investment forms and subjects applying
for permission to build terminal depots shall comply with Clauses 2 and 3,
Article 5 of this Regulation.
Article 7.- Conditions
for investment in building rear depots
1. Meeting the demands of developing and
supplementing the storing capacity of the regional and national systems of
petroleum depots in each period; being compatible with the socio-economic
development planning of each region or locality, with the master plan on
development of urban centers till 2010 and 2020.
2. Satisfying the following criteria:
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b/ Satisfying the current criteria and norms for
building petroleum depots as well as national standards on safety and
environment.
The priority order in the investment evaluation,
approval and permission with regard to investment forms and subjects applying
for licenses to build rear depots shall comply with Clauses 2 and 3, Article 5
of this Regulation.
Article 8.- Dossiers of
application for investment evaluation, approval and permission
1. For cases where land is already available for
building:
a/ The written application for permission to
invest in terminal petroleum depots and/or in rear petroleum depots.
b/ The business registration paper.
c/ The competent authority's paper permitting
the enterprise to act as major importer of petroleum.
d/ The managing agency's written approval (if
the investor is a State enterprise).
e/ The pre-feasibility project or investment
report (depending on the investment level).
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g/ Agreements on the location, fire prevention
and fight, and environment.
2. For cases where land is not yet available for
construction:
a/ The written application for permission to
invest in terminal petroleum depots and/or in rear petroleum depots.
b/ The business registration paper.
c/ The competent authority's paper permitting
the enterprise to act as major importer of petroleum.
d/ The managing agency's written approval (if
the investor is a State enterprise).
e/ The eco-technical study report of the
investment project.
3. The investors shall send to the
provincial/municipal Trade Services 9 dossier sets, each comprising the
documents specified in Clause 1 or 2 of this Article.
Article 9.- For cases of
investment in raising the storing capacity of depots by 2,000 m3 or more, the
procedures prescribed in Article 8 of this Regulation must be also carried out.
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RESPONSIBILITIES AND
POWERS OF THE MINISTRY OF TRADE AND PROVINCIAL/MUNICIPAL TRADE SERVICES
Article 10.- Responsibilities
and powers of the Ministry of Trade
1. To notify the provincial/municipal Trade
Services of the general planning, the regional planning and related adjustment
documents (if any) so that the latter can disseminate them to enterprises and
perform the research and evaluation work in a uniform manner.
2. To assume the prime responsibility and
coordinate with the concerned State management agencies at the central level in
continuing to consider and evaluate the investors' dossiers and documents of
application for permission to invest in building petroleum depots and the
reports on the evaluation results of the local councils for evaluation of
investment projects on petroleum depots.
3. Within 30 days after receiving the documents
of the provincial/municipal Trade Services as prescribed at Point b, Clause 2,
Article 11, to issue documents permitting or not permitting the investors to
carry out the procedures for investment in building petroleum depots, except
for cases mentioned at Point a, Clause 2, Article 11 of this Regulation. In
case of refusal, the Ministry of Trade must clearly state the reasons therefor
and guide the enterprises how to comply with law.
Article 11.- Responsibilities
and powers of the provincial/municipal Trade Services
1. To set up the Project Evaluation Councils
according to the provisions in Clause 11, Article 2, in order to evaluate the
dossiers and determine the extent of compliance with the current standards on
construction (technical aspects, fire and explosion prevention and fight
safety, environment and sites of construction of petroleum depots').
2. Post-evaluation procedures:
a/ For cases where the investment projects are
to build petroleum depots of a capacity of under 2,000 m3 and in line with the
general planning and the regional planning (in terms of both size and
location), within 30 days after receiving the investors' documents, under the
authorization of the Ministry of Trade, to issue documents permitting or not
permitting the investors to carry out the procedures for investment in building
depots after reaching agreement with the Project Evaluation Councils. In case
of refusal, the provincial/municipal Trade Services must clearly state the
reasons therefor and guide the enterprises how to comply with law.
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c/ To report in writing to the Ministry of Trade
on the cases stated at Point a, Clause 2 of this Article.
Article 12.- Withdrawal
of investment-evaluating, -approving and -permitting documents and extension
documents
The investment-approving and -permitting
documents are valid for 12 months after the date of their issuance. Past this
time limit, if the investors fail to start their projects, such documents shall
automatically cease to be valid and be withdrawn by the issuing agencies.
If seeing that it is difficult to start their
projects within 12 months, one month before the investment-approving and -permitting
documents expire, the investors must send their written requests for investment
extension to the agencies which have issued the investment-approving and
-permitting documents, clearly stating the reasons for their failure to
implement the projects as well as solutions in the time ahead. Investment
extension documents shall be issued only once and valid for no more than 12
months. Past this time limit, if the investors still fail to start their
projects, the investment extension documents shall automatically cease to be
valid and be withdrawn by the issuing agencies.
Past the extension time limit, if the investors
still wish to make investment, they must compile new dossiers for investment
evaluation, approval and permission as prescribed in Article 8 of this
Regulation.
Article 13.- Reporting
regime
Annually and upon the completion of construction
and pre-acceptance test of the works, the investors shall have to report to the
provincial/municipal Trade Services and the Ministry of Trade on the process of
implementation of their projects (the projects' location, size, implementation
progress and completion deadline).
Within the first 10 days of every quarter, the
provincial/municipal Trade Services shall send to the Ministry of Trade the
reports on the implementation situation in the preceding quarter, including the
evaluation wok and the issuance of documents permitting the investment in
building petroleum depots in their respective localities.
Chapter IV
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Article 14.- Inspection
The Ministry of Trade shall coordinate with the
concerned management agencies (the Ministry of Science and Technology, the
Ministry of Natural Resources and Environment, the Ministry of Public Security,
the Ministry of Construction) in inspecting the implementation of the
provisions of this Regulation nationwide and taking timely specific measures to
handle (or to report to the Prime Minister, when necessary) cases of violation
of the provisions of this Regulation.
The provincial/municipal Trade Services shall
coordinate with the concerned agencies in the localities in inspecting the
implementation of the provisions of this Regulation and taking timely specific
measures to handle cases of violation of the provisions of this Regulation or
report to the Ministry of Trade when necessary..
Article 15.- Handling
of violations
1. The investors shall bear legal and material
responsibility to the managing agencies and before law for violations of the provisions
of this Regulation. If they make investment without the evaluation and approval
documents of the Ministry of Trade or provincial/municipal Trade Services, they
shall be suspended from building and subject to handling measures as prescribed
by law.
2. If agencies, enterprises and individuals
falling under the scope of regulation of this Regulation fail to fully
discharge their responsibilities prescribed by this Regulation, they shall,
depending on the nature and seriousness of their violations, be
administratively handled or examined for penal liability and, if causing
material damage, have to pay material compensations according to the law
provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article 16.- The
Ministry of Trade, the provincial/municipal Trade Services, the
petroleum-trading enterprises within the national commercial system, as well as
the management agencies involved in the process of carrying out the procedures
for investment in building petroleum depots in service of business and national
reserves shall have to organize the implementation of this Regulation.
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Article 17.- This
Regulation takes effect 15 days after its signing. All amendments and
supplements to the contents of this Regulation shall be decided by the Minister
of Trade.
The investment projects on building petroleum
depots of those types stated in Article 3, which are implemented after the effective
date of this Regulation, shall have to carry out or refill in the procedures
specified in Article 8 of this Regulation.-
THE MINISTRY OF TRADE
VICE MINISTER
Le Danh Vinh