Circular 20/2019/TT-BKHCN measurement and quality in gas trading in Vietnam

CIRCULAR

Prescribing measurement and quality in gas trading and announcement of gas mixing establishments in Vietnam^[1]

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

Pursuant to the November 11, 2011 Law on Measurement;

Pursuant to the Government’s Decree No. 87/2018/ND-CP of June 15, 2018, on gas trading;

Pursuant to the Government’s Decree No. 95/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director General of the Directorate for Standards, Metrology and Quality, and Director of the Legal Department;

The Minister of Science and Technology promulgates the Circular prescribing measurement and quality in gas trading and announcement of gas mixing establishment in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular prescribes measurement and quality in gas trading and announcement of gas mixing establishments in Vietnam. Gas includes liquefied petroleum gas (LPG), liquefied natural gas (LNG) and compressed natural gas (CNG) (below collectively referred to as gas).

Article 2.Subjects of application

1. Gas traders include gas manufacturers and processors; gas mixing establishments; gas importers and exporters; gas purchasers and buyers; providers of services of leasing gas import or export ports, gas depots or bottled LPG warehouses; gas transport service providers; gas filling or supply stations; and bottled LPG retail stores.

2. State management agencies in charge of metrology and quality and other state agencies, organizations and individuals involved in gas trading.

Article 3.Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Copy means a certified copy of an original document of a competent agency or organization or a copy bearing a true-copy seal of a trader;

2. Gas quality file comprises a copy of standards declared for application to each type of gas and a copy of a certificate of quality (a notice of receipt of regulation conformity declaration of a competent agency, notice of results of state inspection of quality of imported gas or written certification of exemption from state inspection of quality of imports issued by an inspection agency);

3. Metrological termsare as defined by the law on measurement;

4. LPG, LNG, CNG and other terms referred to in this Circular are as defined in Article 3 of the Government’s Decree No. 87/2018/ND-CP of June 15, 2018, on gas trading (below referred to as Decree No. 87/2018/ND-CP).

Article 4.Principles of management of gas measurement and quality

1. For LPG, importers, manufacturers, processors or mixing establishments shall declare applicable standards and implement quality management measures as provided in national technical regulations on LPG before putting it for market sale.

2. For LNG and CNG, importers, manufacturers, processors or mixing establishments shall declare applicable standards before putting them for market sale and ensure gas quality in conformity with declared applicable standards in the course of market sale. Standards to be declared must comply with law on standards and technical regulations.

In case the Ministry of Science and Technology promulgates national technical regulations to manage LNG and CNG, manufacturers, processors, importers or mixing establishments shall implement quality management measures provided in relevant national technical regulations.

3. Gas traders shall take responsibility for gas measurement and quality in their distribution systems and take joint responsibility for measurement or quality-related violations of traders in their distribution systems.

4. Traders shall apply bar code technology in their trading activities to ensure gas quality and quality files are managed according to bar code technology.

5. To respect for agreements on measurement reached by involved parties when determining gas quantity in gas trading, and make payments on the basis of compliance with the law on measurement and other relevant laws. In case a treaty to which Vietnam is a contracting party has provisions different from those of this Circular, provisions of such treaty shall prevail.

Chapter II

MEASUREMENT IN GAS TRADING

Article 5.Measurement regarding measuring devices in gas import, export, manufacture, processing, mixing and trading; provision of services of leasing gas import or export ports, gas depots or bottled LPG warehouses; provision of gas transport services; gas filling or supply; retail of bottled LPG

Gas traders shall comply with the following provisions on measurement:

1. Measuring devices used to determine gas quantity to be traded and paid must satisfy the following requirements:

a/ Their measuring ranges match gas quantity to be measured;

b/ They have been inspected by designated inspection organizations in accordance with the law on measurement and are within validity duration of inspection certificates (inspection marks, stamps or certificates);

c/ Their metrologically technical characteristics are consistent with those of model measuring devices approved under regulations;

d/ Their parts, details and functions that might change their main metrologically technical characteristics are sealed up by inspection organizations;

dd/ They are installed, preserved and used in accordance with instructions of their manufacturers or importers;

2. Measuring devices used to ensure safety must satisfy the following requirements:

a/ Their measuring ranges match quantities to be measured;

b/ They have been inspected or calibrated by registered or designated inspection or calibration organizations in accordance with the law on measurement and are within validity duration of inspection or calibration certificates (inspection or calibration marks, stamps or certificates);

c/ The requirements specified at Points c, d and dd, Clause 1 of this Article.

3. When one or more than one of the measuring devices specified in Clause 1 or 2 of this Article are installed together with other structures and parts to form a measuring system, this system must satisfy measurement-related technical requirements in accordance with the law on measurement.

Article 6.Measurement requirements regarding measurements in gas import, export, manufacture, processing, mixing and trading; provision of services of leasing gas import or export ports, gas depots or bottled LPG warehouses; provision of gas transport services; gas filling or supply; retail of bottled LPG

Gas traders shall fulfill the following measurement requirements:

1. To use measuring devices that satisfy relevant requirements specified in Article 5 of this Circular;

2. To fulfill requirements on use of measuring devices and systems as instructed by manufacturers or importers and measurement-related professional requirements as instructed by competent state agencies in charge of measurement. In the course of use or regular inspection, if detecting that their measuring devices or systems are erroneous or damaged or have intolerable measurement errors, traders that own or use such devices or systems shall stop using them and take remedies to ensure measuring devices or systems satisfy prescribed requirements;

3. To ensure results of measurement of gas quantity to be traded or paid among organizations and individuals satisfy the following requirements:

a/ In case of using a measuring device or system to determine a gas quantity by volume or weight

a.1/ Results of measurement of an LPG/LNG/CNG volume shall be converted into those under basic conditions (basic temperature is 15^oC and basic pressure is 101325 Pa). In case of supply of LPG to households, results of measurement of LPG quantity shall be determined under practical measurement conditions;

a.2/ LPG/LNG quantity measurement errors under basic conditions must not exceed 1.5 times the tolerable error limits of the measuring device or systems used;

a.3/ CNG quantity measurement errors under basic conditions must not exceed 2 times the tolerable error limits of the measuring device or systems used;

b/ In case of using a measuring device together with a calculation method to determine an LNG/CNG quantity by calories, such LNG/CNG quantity must satisfy the following requirements:

b.1/ Results of measurement of LNG/CNG quantity satisfy the requirements specified at Point a of this Clause;

b.2/ The calculation method complies with instructions of the competent state agency in charge of measurement;

c/ In case of LPG prepackaged in bottles: Bottled LPG quantity must satisfy measurement-related technical requirements on prepackaged goods quantity in accordance with the law on measurement;

4. In case of announcement of use of quantity seals on LPG labels pre-affixed on bottles, to fulfill requirements on announcement of quantity seals on labels of prepackaged goods in accordance with the law on measurement;

5. To work out plans and periodically carry out self-inspection of measuring devices and systems and conditions for implementation of measurements with the following main steps:

a/ Working out plans, clearly stating contents and time limit for periodical self-inspection of measuring devices, measurement systems and conditions for implementation of measurements based on technical instructions and documents of manufacturers or importers;

b/ Carrying out inspection at least once within the time limit for periodical self-inspection under plans;

c/ Archiving periodical self-inspection results at places convenient for inspection or examination by competent agencies or persons.

Chapter III

QUALITY MANAGEMENT IN GAS TRADING

Section 1

QUALITY MANAGEMENT OF IMPORTED GAS

Article 7.Gas quality management by importers

Gas importers shall fulfill the following requirements:

1. To build, apply and maintain their quality management systems according to national standard TCVN ISO 9001:2015 (ISO 9001:2015) or specialized oil and gas quality management systems according to national standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

2. In case of organizing their domestic distribution systems, to issue regulations on inspection and control of, and organize the compliance with regulations on, quality in gas trading.

3. To provide gas traders and gas transport service providers with copies of notices of results of state inspection of imported gas quality (for imported gas subject to national quality regulations) or written certifications of exemption from state inspection of import quality by inspection agencies, or to take appropriate management measures to ensure that dossiers of registration for state inspection of imported gas quality are always archived and promptly provided upon request;

4. To comply with regulations on goods labeling.

Article 8.Gas subject to national technical regulations

For imported gas subject to national technical regulations, importers shall fulfill the following requirements:

1. To implement quality management measures provided in relevant national technical regulations;

2. To register for state inspection of imported gas quality under Clause 2c, Article 7 of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality (below referred to as Decree No. 132/2008/ND-CP), which was amended and supplemented by Clause 3, Article 1 of Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of Decree No. 132/2008/ND-CP.

In the course of state inspection of imported gas quality, agencies in charge of state inspection of imported gas quality shall dispose of imported gas with quality not up to national technical regulations and declared applicable standards in accordance with the law on product and goods quality.

3. To ensure gas quality is up to national technical regulations and declared applicable standards when supplying gas to their customers. Contents of declared applicable standards must not be contrary to relevant national technical regulations.

Article 9.Gas not subject to national technical regulations

For imported gas not subject to national technical regulations, importers shall fulfill the following requirements:

1. To declare standards applicable to each type of gas under regulations;

2. To ensure gas quality is up to declared standards.

Section 2

QUALITY MANAGEMENT OF EXPORTED GAS

Article 10.Quality management of exported gas

1. Gas exporters shall build, apply and maintain their quality management systems according to national standard TCVN ISO 9001:2015 (ISO 9001:2015) or specialized oil and gas quality management systems according to national standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

2. Gas exporters shall supply foreign traders with gas products of quality as stated in contracts signed with foreign traders.

3. In case exported gas products are returned, gas exporters shall implement quality management measures in accordance with law before putting them for sale on the domestic market.

Section 3

QUALITY MANAGEMENT OF DOMESTICALLY MANUFACTURED, PROCESSED OR MIXED GAS

Article 11.Quality management of gas manufacture, processing or mixing

Traders engaged in gas manufacture, processing or mixing shall fulfill the following requirements:

1. To build, apply and maintain their quality management systems according to national standard TCVN ISO 9001:2015 (ISO 9001:2015) or specialized oil and gas quality management systems according to national standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

2. To ensure their testing capability

They must have laboratories for testing gas quality or sign contracts of a term of at least one year to hire traders or organizations that have laboratories having registered testing operation in accordance with law and are fully capable of testing gas quality indicators according to declared applicable standards and national technical regulations;

3. To declare standards applicable to gas products they manufacture, process or mix with contents not contrary to relevant national standards or national technical regulations (if any) and ensure gas quality is up to declared standards before putting such products for sale on the market. Declaration of applicable standards must comply with the law on standards and technical regulations.

a/ In case gas products are manufactured by their factories for the first-time sale on the market, to register certification of such products with certification organizations designated by the Directorate for Standards, Metrology and Quality in order to have them inspected and assessed in accordance with quality standards and measurement regulations.

b/ In case of gas mixing, to make written explanations about capability of each gas mixing establishment, containing the following basic information:

b.1/ Names of finished gas products; declarations of applicable standards and certificates of quality in conformity with declared standards of finished gas products mixed at the establishment;

b.2/ Used gas mixing methods and mixing tank and equipment systems;

b.3/ Written declarations of types, quality and origin of materials and additives used in the process of mixing finished gas products;

b.4/ Plans on control of quality of gas products in the mixing process, clearly stating processes of gas checking, testing and mixing, plans on quality self-inspection and testing for each gas product lot; technical documents;

b.5/ Plans on safety checking for machinery, equipment and technological lines in order to detect and remedy signs of unsafe operation during the gas mixing process;

b.6/ Safety regulations on fire prevention and fighting and environmental protection in accordance with the laws on fire prevention and fighting and environmental protection;

4. If having domestic gas distribution systems, to formulate and implement internal regulations on examination and control of gas quality in gas trading operations of such systems and organize the compliance of such regulations;

5. To provide their customers, gas traders and gas transport service providers with copies of notices of receipt of regulation conformity declaration or take appropriate management measures to ensure regulation conformity declarations dossiers are always archived and promptly provided upon request;

6. When using additives in gas manufacturing, processing or mixing, to notify the Ministry of Science and Technology (via the Directorate for Standards, Metrology and Quality) of standards of such additives (their names, ingredients and contents before they are used in gas manufacturing or processing) and commit to ensuring that such additives’ are safe for humans, animals, plants, the environment and air quality.

To ensure that applicable standards to be declared comply with the law on standards and technical regulations. To take responsibility before law for use of additives in gas manufacturing, processing or mixing;

7. To comply with regulations on goods labeling.

Article 12.Gas subject to national technical regulations

For their domestically manufactured, processed or mixed gas subject to national technical regulations, traders shall fulfill the following requirements:

1. To assess conformity with relevant national technical regulations;

2. To declare regulation conformity on the basis of conformity assessment results; to declare applicable standards. Contents of declared applicable standards must not be contrary to requirements of relevant national technical regulations;

3. To ensure gas quality in conformity with relevant national technical regulations and declared applicable standards;

4. For domestically manufactured, processed or mixed gas returned by importing countries after the export, exporters shall fulfill the following requirements:

a/ To carry out quality inspection and testing for each finished gas product lot under relevant national technical regulations and declared applicable standards, and put for sale only gas product lots of quality in conformity with such regulations and standards;

b/ To archive results of quality inspection and testing of gas product lots and provide them upon request of competent agencies;

5. To label gas products in accordance with the law on goods labeling.

Article 13.Gas not subject to national technical regulations

For their domestically manufactured, processed or mixed gas not subject to national technical regulations, traders shall fulfill the following requirements:

1. To declare standards applicable to each type of gas under regulations;

2. To ensure gas quality in conformity with declared applicable standards;

3. For domestically manufactured, processed or mixed gas returned by importing countries after the export, exporters shall fulfill the following requirements:

a/ To carry out quality inspection and testing for each finished gas product lot under declared applicable standards, and put for sale only gas product lots of quality in conformity with such standards;

b/ To archive results of quality testing of gas product lots and provide them upon request of competent agencies;

c/ To label gas products in accordance with the law on goods labeling.

Article 14.Announcement of gas mixing establishments

1. A gas manufacturer, processor, importer or exporter (below collectively referred to as gas mixing trader) shall make 1 (one) gas mixing dossier under Article 11 of this Circular, then archive it at its head office in the locality where it registers business operation, and make and send a written self-announcement of satisfaction of gas mixing conditions to the Directorate for Standards, Metrology and Quality.

Traders shall take responsibility for accuracy and truthfulness of their dossiers for gas mixing at their gas mixing establishments.

2. Traders wishing to announce their gas mixing establishments may send their written self-announcements of satisfaction of gas mixing conditions by post or submit them directly at the single-window section for performance of administrative procedures of the Directorate for Standards, Metrology and Quality.

Contents of a written self-announcement of satisfaction of gas mixing conditions of a gas mixing establishment are provided in Form CBPH-DKPCK in the Appendix to this Circular.

3. Within 3 working days after receiving a written self-announcement of satisfaction of gas mixing conditions of a gas mixing establishment of a trader, the Directorate for Standards, Metrology and Quality shall consider posting names of the trader and gas mixing establishment on its portal.

Traders may commence gas mixing operation when written self-announcements of their gas mixing establishments are posted on the portal of the Directorate for Standards, Metrology and Quality.

Section 4

MANAGEMENT OF GAS QUALITY AT ESTABLISHMENTS OF GAS TRADERS AND BOTTLED LPG RETAIL STORES

Article 15.Management of gas quality at establishments of gas traders

Gas traders shall fulfill the following requirements:

1. To build, apply and maintain their quality management systems according to national standard TCVN ISO 9001:2015 (ISO 9001:2015) or specialized oil and gas quality management systems according to national standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010);

2. If having domestic distribution systems, to formulate and implement internal regulations on examination and control of gas quality in gas trading operations of their systems and organize the compliance of such regulations;

3. To ensure quality of gas provided in their distribution systems in conformity with declared applicable standards and relevant national technical regulations (for gas subject to national technical regulations); to refrain from receiving gas of unclear origin. For gas not subject to national technical regulations, to distribute it only when it is up to declared applicable standards;

4. To provide their customers with copies of written declarations of standards applicable to gas not subject to national technical regulations and notices of receipt of regulation conformity declaration of competent agencies, notices of results of state inspection of imported gas quality or written certifications of exemption from state inspection of imported goods quality of inspection agencies or take appropriate measures to manage gas quality dossiers to ensure such dossiers are always archived and promptly provided upon request;

5. To notify competent agencies, gas manufacturers, processors, mixing establishments or importers for handling violations under regulations when detecting a violation that gas is of quality not in conformity with national technical regulations and declared applicable standards;

6. To archive copies of notices of receipt of regulation conformity declaration and notices of results of state inspection of quality for imported gas, which are provided by importers, manufacturers, processors or mixing establishments.

Article 16.Management of gas quality at bottled LPG retail stores

Bottled LPG retail stores shall fulfill the following requirements:

1. To request gas traders to provide an LPG quality dossier for each order or lot of bottled LPG brought into their stores (right at the time of receipt of delivered LPG or within 5 (five) working days after receiving a request of a competent state agency).

2. To label bottled LPG in accordance with the law on goods labeling and ensure quality of bottled LPG in conformity with relevant national technical regulations and declared applicable standards.

3. To archive invoices for LPG purchase with importers, manufacturers, processors, mixing establishments or traders or copies thereof, for each type of delivered LPG upon receiving it.

Section 5

MANAGEMENT OF GAS QUALITY AT GAS SUPPLY STATIONS, GAS FILLING STATIONS AND CNG COMPRESSING STATIONS

Article 17.Management of gas quality at gas supply stations and gas filling stations

Gas supply stations; stations for filling gas in bottles, tank trucks and other vehicles shall fulfill the following requirements:

1. To have gas quality dossiers for each type of gas provided by gas manufacturers, processors, mixing establishments, importers or traders and brought into their stations;

2. To ensure that supply of gas or filling of gas into bottles, tank trucks or other vehicles does not affect gas quality, thereby avoiding violations of declared applicable standards or relevant national technical regulations in any form in the course of gas supply or filling;

3. To label bottled LPG in accordance with the law on goods labeling before putting it for sale on the market;

4. To build, apply and maintain their quality management systems according to national standard TCVN ISO 9001:2015 (ISO 9001:2015) or specialized oil and gas quality management systems according to national standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

Article 18.Management of gas quality at CNG compressing stations

CNG compressing stations shall fulfill the following requirements:

1. To have gas quality dossiers for CNG provided by gas manufacturers, processors, mixing establishments, importers or traders and brought into their stations;

2. To ensure that CNG compression does not affect CNG quality, thereby avoiding violations of declared applicable standards or relevant national technical regulations in any form in the course of CNG compression;

3. To build, apply and maintain their quality management systems according to national standard TCVN ISO 9001:2015 (ISO 9001:2015) or specialized oil and gas quality management systems according to national standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

Section 6

MANAGEMENT OF GAS QUALITY IN SERVICES OF LEASING GAS IMPORT OR EXPORT PORTS, GAS DEPOTS OR BOTTLED LPG WAREHOUSES AND GAS TRANSPORT SERVICES

Article 19.Management of gas quality in services of leasing gas import or export ports, gas depots or bottled LPG warehouses

Providers of services of leasing gas import or export ports, gas depots or bottled LPG warehouses shall fulfill the following requirements:

1. To ensure quality of gas provided by gas manufacturers, processors, mixing establishments, importers or traders; to refrain from taking acts that affect gas quality;

2. To notify competent agencies and gas manufacturers, processors, mixing establishments or importers for handling under regulations upon detecting a violation that gas is of quality not in conformity with national technical regulations or declared applicable standards;

3. To archive quality dossiers provided by gas manufacturers, processors, mixing establishments, importers or traders in a duration decided by service providers to ensure traceability when necessary.

Article 20.Management of gas quality in transport services

Gas transport service providers shall fulfill the following requirements:

1. To ensure quality of gas on vehicles which is provided by gas traders; to ensure intactness of seals on tanks on vehicles or LPG bottles throughout the course of transport; to refrain from taking acts that affect gas quality throughout the course of transport;

2. To coordinate with gas manufacturers, processors, mixing establishments, importers or traders in immediately stopping gas transport upon detecting any violation that gas is of quality not in conformity with national technical regulations or declared applicable standards and notify such violation to competent agencies for handling in accordance with law;

3. To archive quality dossiers provided by gas importers, manufacturers, processors, mixing establishments or traders.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 21.Responsibilities of management agencies

1. The Ministry of Science and Technology:

a/ To organize the management of measurement, gas quality and announcement of gas mixing establishments under this Circular;

b/ To receive notices of standards of additives (names, ingredients and contents of additives before they are used in gas manufacturing and processing) and commitments that additives do not affect safety of humans, animals, plants, the environment and gas quality under Clause 6, Article 11 of this Circular;

c/ To assume the prime responsibility for, and coordinate with specialized agencies of related ministries and sectors in, inspecting and examining the compliance of measurement and quality regulations by gas traders under this Circular;

d/ Within 3 months after receiving written self-announcements of satisfaction of gas mixing conditions by gas mixing establishments, the Directorate for Standards, Metrology and Quality shall assume the prime responsibility for, and coordinate with related agencies in, organizing examination at such establishments under this Circular.

If finding through examination that gas mixing establishments fail to satisfy the gas mixing conditions prescribed in Decree No. 87/2018/ND-CP and requirements prescribed in this Circular, the Directorate for Standards, Metrology and Quality shall delete their names from the list of gas mixing establishments announced on its portal, and at the same time notify such in writing to the Ministry of Industry and Trade, provincial-level People’s Committees of localities where such establishments are operating and such establishments;

dd/ To approve model measuring devices; to grant registration certificates and designate organizations to inspect measuring devices in accordance with the law on measurement;

e/ To provide detailed instructions on technical requirements on measuring devices and systems, conversion of results of gas quantity measurement into basic conditions, and methods of calculation and determination of gas quantity; to guide the examination of measurements and measurement results;

g/ To receive reports of agencies, organizations and individuals on gas quality not in conformity with national technical regulations or declared applicable standards for consideration and handling;

h/ The Directorate for Standards, Metrology and Quality shall organize the implementation of Points a, b, c, d, dd, e and g of this Clause and report implementation results to the Ministry of Science and Technology under regulations on a periodical basis or upon request of the Ministry of Science and Technology.

2. Responsibilities of agencies advising and assisting provincial-level People’s Committees in science and technology management in localities:

a/ To direct their attached units in implementing this Circular in their localities;

b/ To approve plans on information, communication and provision of professional guidance on measurement and quality based on proposals of their attached bodies and units performing functions and tasks related to standards, metrology and quality in their localities in accordance with this Circular;

c/ To direct their attached bodies and units performing functions and tasks related to standards, metrology and quality and inspectorates to assume, within the ambit of their tasks and powers, the prime responsibility for, and coordinate with related agencies and units in, carrying out state inspection and examination of measurement and gas quality at gas filling stations, gas supply stations, CNG compressing stations, gas traders, bottled LPG retail stores and gas transport service providers in their localities, and performing other tasks in accordance with this Circular and other relevant regulations;

d/ To summarize and report, on a periodical basis or upon request, to the Ministry of Science and Technology (via the Directorate for Standards, Metrology and Quality) or provincial-level People’s Committees on the management of quality and measurement in gas trading, inspection, examination and handling of violations in measurement and quality in gas trading in their localities under the Minister of Science and Technology’s Circular No. 03/2019/TT-BKHCN of June 26, 2019, on periodical reporting regime within the scope of management by the Ministry of Science and Technology.

3. Bodies and units performing functions and tasks related to standards, metrology and quality and attached to agencies advising and assisting provincial-level People’s Committees in science and technology management in localities shall:

a/ Assume the prime responsibility for, and coordinate with related units in, organizing periodical or extraordinary inspection and examination of measurement and quality at gas filling stations, gas supply stations, CNG compressing stations, gas traders, bottled LPG retail stores and other distribution units located in their localities under this Circular;

b/ Summarize and report, on a periodical basis or upon request, to the Directorate for Standards, Metrology and Quality, on the management of measurement and quality in gas trading under the Minister of Science and Technology’s Circular No. 03/2019/TT-BKHCN of June 26, 2019, on periodical reporting regime within the scope of management by the Ministry of Science and Technology.

Article 22.Responsibilities of gas traders

1. To comply with provisions on rights and obligations of traders of Decree No. 87/2018/ND-CP and relevant legal documents on measurement and quality.

2. To implement measures to manage measurement and gas quality under this Circular; to ensure quality of gas put for sale on the market in conformity with declared applicable standards or national technical regulations; to promptly stop gas manufacturing, processing or mixing operations, notify such to related parties, and take consequence remedies when detecting that manufactured, processed or mixed gas is of quality not in conformity with declared applicable standards or relevant technical regulations.

3. To take measures as requested by competent state management agencies to enable persons with related responsibilities and obligations to examine measuring devices, measurements and quality of gas provided to customers.

4. To comply with the laws on occupational safety and health, fire prevention and fighting, and environmental protection.

5. To submit to inspection and examination of measurement and quality in accordance with law; to fulfill requests of competent agencies and persons during inspection and examination in accordance with law; to abide by inspection and examination decisions of competent state agencies.

6. Traders that commit acts violating the provisions of this Circular and relevant regulations on management of measurement and gas quality in gas trading shall, depending on nature and severity of their violations, be administratively handled in accordance with law.

7. To archive gas measurement and quality dossiers under this Circular.

Article 23.Responsibilities of gas mixing establishments

1. To comply with and implement the provisions of this Circular.

2. To put for sale on the market only types of gas satisfying quality requirements prescribed in this Circular.

3. To submit to inspection and examination by competent agencies in gas mixing activities.

4. To archive gas mixing dossiers under this Circular.

Article 24.Responsibilities of organizations inspecting measuring devices

1. To inspect measuring devices upon request of gas traders and comply with provisions on responsibilities of organizations inspecting measuring devices of this Circular and other relevant legal documents on measurement.

2. To promptly notify local state agencies in charge of measurement and quality of acts showing signs of violation of the law on measurement and quality, and coordinate with such agencies in handling such acts in accordance with law.

Article 25.Responsibilities of measuring device manufacturers, importers and suppliers

1. To implement measurement control measures (such as approval of model measuring devices, initial inspection of measuring devices) under this Circular and other relevant provisions of the law on measurement.

2. To implement measures to prevent and mitigate impacts that might change main metrologically technical characteristics or control programs of measuring devices as compared to approved models while they are in use.

3. To comply with provisions on responsibilities of measuring device manufacturers, importers and suppliers of this Circular and other relevant legal documents on measurement.

Chapter V

IMPLEMENTATION PROVISIONS

Article 26.Effect

1. This Circular takes effect on May 15, 2020.

2. From the effective date of this Circular, the following Circulars cease to be effective:

a/ The Minister of Science and Technology’s Circular No. 12/2010/TT-BKHCN of July 30, 2010, on management of quality and measurement in liquefied petroleum gas trading;

b/ The Minister of Science and Technology’s Circular No. 15/2013/TT-BKHCN of July 12, 2013, amending and supplementing Clause 2, Article 5 of the Minister of Science and Technology’s Circular No. 12/2010/TT-BKHCN of July 30, 2010, on management of quality and measurement in liquefied petroleum gas trading;

c/ The Minister of Science and Technology’s Circular No. 11/2016/TT-BKHCN of June 28, 2016, guiding registration of gas mixing establishments.

Article 27.Transitional provisions

Traders that have been granted gas mixing establishment registration certificates under the Minister of Science and Technology’s Circular No. 11/2016/TT-BKHCN of June 28, 2016, may continue their gas mixing activities until such certificates expires and are not required to send their written self-announcements of satisfaction of gas mixing conditions, notices of standards of additives and commitments to ensuring quality of additives in accordance with this Circular.

Article 28.Implementation responsibility

1. In the course of implementation, if legal documents or standards referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents or standards will prevail.

2. The Director General of the Directorate for Standards, Metrology and Quality shall guide and organize the implementation of this Circular.

3. Any difficulties or problems arising in the course of implementation of this Circular should be promptly reported in writing to the Ministry of Science and Technology for guidance or appropriate amendments or supplementations.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Circular.-

For the Minister of Science and Technology
Deputy Minister
TRAN VAN TUNG