Circular 18/2025/TT-BCT amend regulations on petrol and oil trading

CIRCULAR

Amending, supplementing and repealing a number of regulations in Circulars on petrol and oil trading

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Pursuant to the Government's Decree No. 40/2025/ND-CP dated February 26, 2025 on 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 03, 2014 on petrol and oil trading;

Pursuant to the Government’s Decree No. 95/2021/ND-CP dated November 01, 2021, on amending and supplementing a number of articles of the Government’s Decree No. 83/2014/ND-CP of September 03, 2014, on petrol and oil trading;

Pursuant to the Government’s Decree No. 80/2023/ND-CP dated November 17, 2023, on amending and supplementing a number of articles of the Government’s Decree No. 95/2021/ND-CP of November 1, 2021, and Decree No. 83/2014/ND-CP of September 3, 2014, on petrol and oil trading;

At the proposal of the Director of the Agency for Domestic Market Surveillance and Development;

The Minister of Industry and Trade issues a Circular amending, supplementing and repealing a number of regulations in Circulars on petrol and oil trading.

Article 1. Amending and supplementing a number of articles of the Circular No. 17/2021/TT-BCT dated November 15, 2021

1. To amend and supplement Clause 3 Article 1 as follows:

“Article 6. Inspection and grant of certificates

1.  A trader that wishes for grant, supplementation, modification or re-grant of a certificate of eligibility for acting as a key petrol and oil trader; a certificate of eligibility for acting as a petrol and oil distributor; a certificate of eligibility for acting as a petrol and oil retail agent; or a certificate of eligibility for operating a petrol and oil retail station; for grant, supplementation, modification or re-grant of a certificate of eligibility for acting as a general agent for petrol and oil trading that is still valid according to Point a, Clause 2, Article 2 of Decree 80/2023/ND-CP shall send 1 (one) dossier to the Ministry of Industry and Trade or provincial-level Department of Industry and Trade via official dispatch or email at the address announced by the Ministry of Industry and Trade, the provincial-level Department of Industry and Trade on its website.

2. The Ministry of Industry and Trade shall be responsible for:

a) Granting, supplementing, modifying and re-granting certificates of eligibility for acting as a petrol and oil key trader in accordance with Clause 3, Article 8 of Decree No. 83/2014/ND-CP.

b) Granting, supplementing, modifying and re-granting certificates of eligibility for acting as a petrol and oil distributor in accordance with Clause 3, Article 14 of Decree No. 83/2014/ND-CP.

c) Supplementing, modifying and re-granting certificates of eligibility for acting as a general agent for petrol and oil trading still valid (with a petrol and oil distribution system in two (02) or more provinces or centrally-run cities) in accordance with Clause 4, Article 17 of Decree No. 83/2014/ND-CP. The period of validity of a certificate of eligibility for acting as a general agent for petrol and oil trading supplemented, modified or re-granted shall be according to the period of validity of the granted certificate.

 d) The Ministry of Industry and Trade shall grant the certificates, made using the Form No. 2 in the Appendix issued together with Decree No. 95/2021/ND-CP, Form No. 6, Form No. 8 in the Appendix issued together with Decree No. 83/2014/ND-CP based on the results of the dossier appraisal and the results of the actual inspection of the trader's conditions (for cases of grant of new certificates).”

3. The provincial-level Departments of Industry and Trade shall be responsible for:

a) Supplementing, modifying and re-granting certificates of eligibility for acting as a general agent for petrol and oil trading still valid (with a petrol and oil distribution system in one (01) province or centrally-run city) in accordance with the procedure specified in Clause 4, Article 17 of Decree No. 83/2014/ND-CP. The period of validity of a certificate of eligibility for acting as a general agent for petrol and oil trading supplemented, modified or re-granted shall be according to the period of validity of the granted certificate.

b) Granting certificates of eligibility for acting as a petrol and oil retail agent in accordance with Clause 5, Article 20 of Decree No. 83/2014/ND-CP.

c) Granting certificates of eligibility for operating a petrol and oil retail station in accordance with Clause 3, Article 25 of Decree No. 83/2014/ND-CP.

d) The provincial-level Departments of Industry and Trade shall grant the certificates, made using the Form No. 4, Form No. 8, Form No. 10 in the Appendix issued together with Decree No. 83/2014/ND-CP based on the results of the dossier appraisal and the results of the actual inspection of the trader's conditions (for cases of grant of new certificates).

dd) Sending a document providing information on the actual capacity and operation situation of the traders and the petrol and oil trading establishments in their locality at the request of the Ministry of Industry and Trade as a basis for consideration and grant of certificates of eligibility for acting as a petrol and oil key trader and certificates of eligibility for acting as a petrol and oil distributor.”

2. To amend and supplement Clause 4 Article 1 as follows:

“Article 6a. Management of petrol and oil prices

1. The petrol and oil products for which the State announces the base price are those that are commonly consumed in the market, including bio-gasoline, mineral petrol, diesel oil, kerosene, fuel oil. The Ministry of Industry and Trade shall determine the most consumed petrol and oil products mentioned above for announcement of base prices.

2. Reports on domestically produced petrol and oil output: Before the 29^th of the last month of every quarter, the key petrol and oil producer shall make a report on the domestically sold petrol and oil volume for each category of petrol and oil, made according to the Form No. 7a provided in the Appendix to the Circular No. 17/2021/TT-BCT, for the period from the 21^st of the month preceding the first month of the quarter to the 20^th of the last month of the quarter, and send it to the Ministry of Industry and Trade for summing up and determination of proportions (%) of petrol and oil volumes from domestic and import sources in the formula for calculation of base prices.

3. Based on data on the elements constituting the base prices of petrol and oil according to regulations and written opinions on management of petrol and oil prices from the Ministry of Finance, the Ministry of Industry and Trade shall announce the base prices and selling prices of petrol and oil.”

3. To amend and supplement Clause 7 Article 1 as follows:

“Article 12. Registration for minimum annual total petrol and oil sources

1. Before November 30 of each year, the key petrol and oil trader shall send 1 (one) dossier for registration of minimum total petrol and oil sources for the subsequent year as prescribed in Clause 25, Article 1 of Decree No. 95/2021/ND-CP to the Ministry of Industry and Trade.

2. Before December 31 of each year, the Ministry of Industry and Trade shall assign the minimum total petrol and oil sources to the key petrol and oil trader for implementation in the following year as prescribed in Clause 24 Article 1 of Decree No. 95/2021/ND-CP. In case the minimum total petrol and oil sources is not assigned, the Ministry of Industry and Trade shall respond in writing and clearly state the reasons.

3. In case of a need to adjust the minimum total petrol and oil sources, the key petrol and oil trader shall send an official dispatch to the Ministry of Industry and Trade before October 30 of each year.

4. In case the total expected annual petrol and oil sources of the key petrol and oil producers and key petrol and oil traders have met the market demand, the Ministry of Industry and Trade shall adjust the minimum total petrol and oil sources assigned to the key petrol and oil traders before November 30 of the year. In case the minimum total petrol and oil sources is not adjusted, the Ministry of Industry and Trade shall respond to them in writing and clearly state the reasons.

5. In case of necessity, in order to ensure the supply of petrol and oil for the domestic market, the Ministry of Industry and Trade shall specify the schedule for import and purchase of petrol and oil in the domestic market or increase the minimum total petrol and oil sources for traders to implement. Key petrol and oil traders shall keep up with the petrol and oil import or domestic purchase schedule for implementing the minimum total petrol and oil sources assigned by the Ministry of Industry and Trade according to regulations.”

Article 2. Amending and supplementing a number of articles of the Circular No. 38/2014/TT-BCT dated October 24, 2014

1. To add Clause 9a after Clause 9 Article 7 as follows:

“9a. To send a quarterly report on the use and leasing of owned petrol and oil depots, made according to the Form No. 11 of the Appendix issued together with this Circular; a quarterly report on the use of rented petrol and oil depots, made according to the Form No. 12 of the Appendix issued together with this Circular to the Ministry of Industry and Trade and the provincial-level Departments of Industry and Trade in the localities where the trader rents the petrol and oil depots before the 10^th of the first month of the following period.”

2. To add Clause 7 Article 8 as follows:

“7. To send a quarterly report on the use and leasing of owned petrol and oil depots, made according to the Form No. 11 of the Appendix issued together with this Circular; a quarterly report on the use of rented petrol and oil depots, made according to the Form No. 12 of the Appendix issued together with this Circular to the Ministry of Industry and Trade and the provincial-level Departments of Industry and Trade in the localities where the trader rents the petrol and oil depots before the 10^th of the first month of the following period.”

3. To amend and supplement Clauses 1 and 2 Article 10 as follows:

“1. To register the petrol and oil distribution system of the petrol and oil retail agent with the provincial-level Department of Industry and Trade of the locality where the franchisee has a petrol and oil distribution system before January 10 of each year, using the Table No. 2 of Form No. 1 of the Appendix issued together with Circular No. 38/2014/TT-BCT. In case there is a change in the petrol and oil distribution system of the petrol and oil retail agent, within ten (10) working days from the date of change, the trader must submit a written registration for adjustment to the provincial-level Department of Industry and Trade of the locality where the trader has a petrol and oil distribution system, made according to the Table No. 2 of Form No. 1 of the Appendix issued together with Circular No. 38/2014/TT-BCT.”

“2. To sign a contract to become a petrol and oil retail agent in accordance with the provisions of Article 21 of the Decree No. 83/2014/ND-CP and Clause 7, Article 1 of the Decree No. 80/2023/ND-CP.

a) In case a trader signs a petrol and oil agency contract with two (02) or three (03) traders who are key petrol and oil traders or petrol and oil distributors, the trader shall prepare a dossier of report on changes and supplements to the petrol and oil agency contract and send it to the competent agency to request the issuance of a supplemented or modified certificate in accordance with the provisions of Point b Clause 4 Article 20, Point b Clause 2 Article 25 of Decree No. 83/2014/ND-CP to amend or supplement information about the distributor supplying petrol and oil in the certificates of eligibility to act as petrol and oil retail agents and the certificates of eligibility of petrol and oil retail stations.

b) In case a trader has only one (01) petrol and oil retail station and signs a petrol and oil agency contract with two (02) or three (03) traders who are key petrol and oil traders or petrol and oil distributors, the trader must prepare a dossier of request for the issuance of a supplemented or modified certificate as prescribed at Point b, Clause 2, Article 25 of the Decree No. 83/2014/ND-CP to amend or supplement information about the distributors supplying petrol and oil in the certificate of eligibility to petrol and oil retail stations.

c) To comply with the regulations on marking the signboards of the petrol and oil retail stations belonging to the trader, as defined in Clause 7 Article 21, Clause 4 Article 26 of the Decree No. 83/2014/ND-CP.

d) To comply with the regulations on petrol and oil quality control defined in Clause 4 and Clause 10 Article 21 of the Decree No. 83/2014/ND-CP, to take responsibility for monitoring and managing measurement and quality, and building, applying and maintaining the effectiveness of a quality control system.”

4. To amend Clause 1 Article 11 as follows:

“1. To register the petrol and oil distribution system of the petrol and oil retail franchisee with the provincial-level Department of Industry and Trade of the locality where the franchisee has a petrol and oil distribution system before January 10 of each year, using the Table No. 2 of Form No. 1 of the Appendix issued together with Circular No. 38/2014/TT-BCT. In case there is a change in the petrol and oil distribution system of the petrol and oil retail franchisee, within ten (10) working days from the date of change, the franchisee must submit a written registration for adjustment to the petrol and oil distribution system to the provincial-level Department of Industry and Trade of the locality where the franchisee has a petrol and oil distribution system, made according to the Table No. 2 of Form No. 1 of the Appendix issued together with Circular No. 38/2014/TT-BCT.”

5. To add Clause 5a after Clause 5 Article 19 as follows:

“5a. The provincial-level Departments of Industry and Trade of provinces and centrally-run cities shall inspect and supervise the implementation of contracts on leasing of petrol and oil depots, the volumes of petrol and oil received and delivered through the petrol and oil depots of petrol and oil traders renting petrol and oil depots in the localities.

In case of detecting signs that traders do not use the rented petrol and oil depots according to the signed contracts, the provincial-level Departments of Industry and Trade shall promptly report on it to the Ministry of Industry and Trade for coordinated management.”

6. To add the Form No. 11 and Form No. 12 in the Appendix issued together with this Circular after the Form No. 10 in the Appendix issued together with the Circular No. 38/2014/TT-BCT.

Article 3. Repealing a number of articles of the Joint Circular No. 39/2014/TTLT-BCT-BTC dated October 29, 2014

To repeal Articles 10, 11, 12, 13 of Joint Circular No. 39/2014/TTLT-BCT-BTC dated October 29, 2014 of the Minister of Industry and Trade and the Minister of Finance defining the methods of calculation of base price; the mechanism for establishment, management and use of the petrol and oil price valorization funds and the management of petrol and oil prices under the Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on petrol and oil trading.

Article 4. Implementation responsibility

1. This Circular takes effect on May 02, 2025.

2. During the implementation process, any arising problems or difficulties should be sent to the Ministry of Industry and Trade in writing or via email at: [email protected] for receipt, consideration and settlement./.

* All Appendices are not translated herein.