Legal basis
- Circular No. 21/VBHN-BCT detailing some articles of the Government’s Decree No. 83/2014/ND-CP dated September 3, 2014, on petrol and oil trading
- Decree 83/2014/ND-CP on petrol and oil trading
- Circular 38/2014/TT-BCT detailing several articles of the Government’s Decree No. 83/2014/ND-CP dated September 3, 2014, on petrol and oil trading
Regulations on petroleum trading
Petroleum business activities
- Export (petroleum, domestically produced raw materials and petrol, imported raw materials), import, temporary import for re-export, border-gate transfer, processing for export of petrol and oil, raw materials;
- Production and preparation of petrol and oil;
- Distribution of petroleum in the domestic market;
- Leasing warehouses, ports, receiving, preserving, and transporting petroleum.
Types of Licenses in Petroleum Business
Corresponding to business activities, there will be different types of licenses, each type of license needs to meet its conditions for petrol and oil trading according to Clause 1, Article 6 of Circular No. 38/2014/TT-BCT amended at Circular No. 28/2017/TT-BCT:
- License to export and import petrol and oil;
- Certificate of eligibility to be a petrol and oil distributor;
- Certificate of eligibility to act as a general petrol and oil trading agent;
- Certificate of eligibility to act as a petrol and oil retail agent;
- Certificate of qualified petrol and oil retail stores.
Conditions
- Enterprises established under the law.
- Having a dedicated wharf located in Vietnam’s international port system, ensuring the reception of petroleum tankers or other means of petroleum transport with a tonnage of at least 7,000 tons, owned by enterprises or co-operators. owned or leased for 5 years or more.
- Having a warehouse for receiving imported petrol and oil with a capacity of at least 15,000 m3 to directly receive petrol and oil from petrol tankers and other specialized petrol and oil transport vehicles, which are owned by the enterprise or jointly owned or leased to use. used by traders providing petroleum services for 5 years or more.
The procedures
- Traders send one (01) dossier to the Ministry of Industry and Trade.
- In case there are not enough valid dossiers, within seven (07) working days from the date of receipt of the trader’s dossier, the Ministry of Industry and Trade shall make a written request to the trader to supplement.
- Within thirty (30) working days after receiving valid dossiers, the Ministry of Industry and Trade is responsible for considering, appraising and granting petrol and oil import and export business licenses to traders. In case of refusal to grant a license, the Ministry of Industry and Trade must reply in writing and clearly state the reason.
The dossier
- An application form for a license to trade in petrol and oil made according to Form No. 1 of the Appendix issued together with Decree No. 83/2014/ND-CP on petrol and oil trading.
- Copy of business registration certificate
- A list of material and technical facilities in service of petrol and oil trading as prescribed in Clauses 2, 3, and 4, Article 7 of Decree No. 83/2014/ND-CP on petrol and oil trading, enclosed with supporting documents.
- List of petrol and oil retail stores owned or owned and co-owned, list of general agents and agents in the trader’s petrol and oil distribution system as prescribed in Clause 5, Article 7 of Decree No. 83 /2014/ND-CP on petrol and oil trading, enclosed with supporting documents
Time
30 working days from the date of receipt of complete and valid dossiers.
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