VietnameseDecree No. 107/2009/ND-CP dated November 26, 2009 of the Government on trading of liquefied petroleum gas
ATTRIBUTE
Decree No. 107/2009/ND-CP dated November 26, 2009 of the Government on trading of liquefied petroleum gas
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 107/2009/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 26/11/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Commerce - Advertising , Enterprise , Industry |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 107/2009/ND-CP | Hanoi, November 26, 2009 |
DECREE
ON TRADING OF LIQUEFIED PETROLEUM GAS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the November 29, 2005 Law on Enterprises;
At the proposal of the Minister of Industry and Trade,
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the November 29, 2005 Law on Enterprises;
At the proposal of the Minister of Industry and Trade,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides for activities of trading in liquefied petroleum gas and conditions on liquefied petroleum gas trading on the market.
Article 2. Subjects of application
1. This Decree applies to traders defined in the Commercial Law that trade in liquefied petroleum gas and liquefied petroleum gas users in Vietnam.
2. Traders that import special-use liquefied petroleum gas for their own needs and do not sell it on the market are not subject to this Decree but shall comply with the Ministry of Industry and Trade's regulations.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Liquefied petroleum gas means a mixture of largely propane (chemical formula C3H8) and butane (chemical formula C4H10) and obtained from petroleum (abbreviated to LPG). At a normal temperature and pressure. LPG is in gaseous form. When it is compressed under a certain pressure and at a certain temperature, LPG changes into liquid form and may be stored in fixed tanks or cisterns, tank trucks, special-use ships or pipelines for use as a household fuel, engine fuel or production or daily-life material and called bulk LPG (below collectively referred to as LPG).
2. Bottled LPG means LPG of a certain volume already put into standard bottles.
3. LPG bottle means a pressure-proof bottle made of a metal material (steel) or non-metal material (composite) or mixed material (steel and composite) according to certain technical standards and used for containing LPG and can be refilled, also known as standard bottle.
4. Mini LPG bottle means a pressure-proof bottle made of a metal material according to certain technical standards and used for containing LPG and of a maximum capacity of 300 milliliters (ml).
5. LPG bottle owner means a trader that satisfies all the conditions on LPG trading specified in this Decree, and has purchased LPG bottles from domestic manufacturers or importers or purchased i hem from other LPG traders (other owners) under lawful transfer contracts, provided these bottles are accompanied with adequate dossiers supplied by the manufacturer or importer and have a brand registered under regulations.
6. LPG bottling means the use of special-use equipment for filling standard bottles with a certain volume of LPG from a fixed tank or cistern.
7. LPG bottling or cistern truck-filling station means a unit using special-use tools and equipment for filling LPG bottles or cistern trucks with LPG (below collectively referred to as LPG bottling station) for sale to customers.
8. LPG-selling store means a shop where bottled LPG of all kinds is sold to customers.
9. Specialized LPG-trading store means a store exclusively used for sale of LPG of all kinds and LPG-fueled auxiliary equipment, and built according to current technical regulations.
10. Automobile LPG-filling station means a unit using special-use equipment for directly filling LPG-fueled automobiles with LPG
11. Pipelined LPG-selling station means a unit using special-use equipment and pipelines for supplying LPG from fixed tanks to customers (below referred to as LPG supply station).
12. LPG trading means continuous performance of one, several or all operations in the LPG trading chain, including LPG production, processing, export, import, storing, filling, distribution, temporary import for re-export, lease of storehouses or ports, forwarding and transport for profit-making purposes.
13. LPG trading establishment means a unit producing, processing, forwarding, storing and distributing LPG including LPG production or processing plant; LPG export or import port; LPG storehouse, LPG bottle and bottled LPG preservation storehouse, LPG-selling store. LPG-bottling station, cistern truck; automobile LPG-filling station; LPG supply station; LPG carrier and LPG transport vehicle lesser.
14. LPG bottle collateral means the giving of a sum of money by a customer (general LPG-trading agent. LPG-trading agent, bottled LPG-selling store, specialized LPG-trading store or LPG consumer) to an LPG bottle owner as a security for the performance of the obligation to return LPG bottles already borrowed under an agreement for LPG circulation, storing and use.
15. LPG bottle collateral money means a sum of money given by a customer that needs to use LPG bottles to an LPG bottle owner for acquiring the right to use LPG bottles for LPG circulation, storing and use.
16. Grade-I LPG distributor means a trader that purchases LPG from an LPG exporter, importer, producer or processor for distribution to general LPG-trading agents or LPG-trading agents.
17. Wholesale LPG trader means an LPG exporter, importer, producer or processor or a grade-I LPG distributor.
Article 4. Application of relevant laws
LPG traders on the Vietnamese market shall, apart from complying with this Decree, also observe other relevant legal provisions.
Article 5. Development of LPG trading establishments
1. LPG trading establishments defined in Clause 13. Article 3 (except those transporting or leasing LPG transport vehicles) of this Decree shall be developed under planning and built according to technical regulations.
2. The Ministry of Industry and Trade shall, within the ambit of its tasks and powers, assume the prime responsibility for, and coordinate with concerned ministries and branches and provincial-level People's Committees in. working out and publicizing a national plan on development of LPG-trading establishments, including LPG production or processing plants. LPG storehouses with a total capacity of tanks and cisterns of 5,000 m3 (five thousand cubic meters) or more, ports for LPG exportation or importation which can accommodate ships of a tonnage of 5,000 tons or more; and inspecting and supervising the implementation of the approved planning.
3. Provincial-level People's Committees shall work out plannings on development of LPG-trading establishments, including specialized LPG-trading stores, LPG supply stations, automobile LPG-filling stations, LPG-bottling stations, LPG storehouses with a total capacity of tanks and cisterns of under 5,000 m3 (five thousand cubic meters), then incorporate them in their local socio-economic development master plans, ensuring their conformity with the national master plan; and inspect and supervise the implementation of these plannings after they are approved.
4. Traders are encouraged to invest in the development of LPG-trading establishments under current laws.
Article 6. Fire prevention and fighting, security, order, labor safety and sanitation, environmental protection, measurement and quality control
1. LPG-trading establishments shall constantly observe regulations on fire prevention and fighting; security and order; labor safety and sanitation. environmental protection, measurement and quality control in the course of their business operation.
2. LPG traders shall periodically inspect LPG-trading establishments under their management in the observance of legal provisions on safety, fire prevention and fighting; security and order; labor safety and sanitation, environmental protection, measurement and quality control.
3. Employees and workers of LPG-trading establishments or LPG service providers, including also drivers of LPG transport vehicles, shall be professionally trained in fire prevention and fighting, labor safety and sanitation, environmental protection, LPG preservation, measurement and quality control for which certificates shall be issued to them under law.
Chapter II
LPG TRADING
Section I. LPG EXPORT, IMPORT, PRODUCTION, PROCESSING AND GRADE-I DISTRIBUTION
Article 7. Conditions on LPG export or import
A trader that fully satisfies the following conditions may export or import LPG:
1. Having a business registration certificate, covering the registration of LPG export and/or import.
2. Owning or co-owning a wharf within the Vietnamese seaport system under a joint-venture or capital contribution contract, which has been built under planning and according to current technical regulations; or having entered into a contract for lease of a wharf for at least one year for receiving LPG ships; having storehouses of a total capacity of tanks of 3,000 m3 (three thousand cubic meters) or more for storing imported LPG from ships or other vehicles.
3. Owning at least 300,000 (three hundred thousand) LPG bottles of all kinds (except mini bottles). These LPG bottles must be compatible with trademarks and brands already registered with a the competent functional agency under law.
4. Having an LPG bottling station with a certificate of satisfaction of LPG bottling conditions specified in Article 17 of this Decree.
5. Having an LPG distribution system, including member enterprises, branches, shops or automobile LPG-filling stations or LPG supply stations and at least 40 (forty) LPG-trading agents (general agent and agents or agents) that fully satisfy the conditions specified in this Decree.
Article 8. Rights of LPG exporters and importers
1. To import LPG under their business plans and ensure the quality of imported LPG under current regulations; to export LPG temporarily import LPG for re-export under Article 51 of this Decree.
2. To set LPG and bottled LPG selling prices applicable within their distribution systems, ensuring these prices' compatibility with market prices.
3. To wholesale LPG under contracts to eligible LPG traders under this Decree; to retail LPG and bottled LPG within their distribution systems.
4. To enter into agency contracts only with traders eligible for acting as general LPG-trading agents (below referred to as general agents), traders eligible for acting as LPG-trading agents (below referred to as agents) and LPG-selling stores defined in this Decree; and to directly sell LPG under contracts to consumers.
5. To organize the filling of LPG in bottles qualified for market circulation under Clauses 1 and 2, Article 20 of this Decree, and owned by traders, or the bottling of LPG under contracts for other eligible LPG traders under this Decree.
6. To organize the provision of services of leasing LPG storehouses, ports for LPG export, import or forwarding, and LPG transport vehicles to other eligible LPG traders under this Decree.
7. To develop material foundations for LPG trading under the approved planning; to organize their own LPG distribution systems consisting of enterprises, branches, LPG storehouses, LPG-selling stores, LPG-bottling stations, automobile LPG-filling stations, LPG supply stations, general agents and agents in localities nationwide.
Article 9. Obligations of LPG exporters and importers
1. To supply sufficient LPG for their distribution systems to meet production and people's daily-life needs, ensuring the LPG circulation reserves under Clause 1, Article 52 of this Decree.
2. To satisfy the conditions specified in and comply with the provisions of this Decree and other relevant laws on LPG trading; to inspect and supervise LPG-trading establishments, general agents, agents and LPG-selling stores; to take responsibility for the quantity and quality of LPG sold by their distribution systems.
3. To conduct the technical safety inspection and registration of LPG bottles and LPG-fueled auxiliary equipment under their ownership under regulations; to inspect the quality of and maintain and replace LPG bottles and LPG-fueled auxiliary equipment, ensuring safety for consumers.
4. To comply with legal provisions on registration of trademarks and brands; to manage the quantity and quality of LPG bottles under their ownership; to submit to the inspection and supervision by competent authorities under current law.
Article 10. Conditions on LPG production or processing
A trader that fully satisfies the following conditions may produce or process LPG:
1. Having a business registration certificate, covering LPG production or processing registration.
2. Having an LPG production or processing establishment (below referred to as LPG production plant) under a planning or project already approved by a competent authority for construction investment.
3. Having a certificate of technical eligibility for LPG production or processing.
4. Having an LPG quality testing laboratory capable of inspecting LPG quality under current regulations.
5. Having an LPG storehouse (beyond the storing capacity already approved in the investment project) with a total capacity of tanks of at least 5,000 m3 (five thousand cubic meters) and built under planning and according to current technical regulations to receive imported LPG from ships or other vehicles.
Article 11. Rights of LPG producers and processors
1. To set selling prices of LPG produced by their plants (excluding LPG produced in the period of trial operation) and LPG they have imported under the market mechanism as specified in Article 54 of this Decree.
2. To directly import LPG of quality up to current standards or export LPG or authorize traders that are owners of their member enterprises to import LPG under current law; to conduct temporary import for re-export or export of LPG under Article 51 of this Decree.
3. To exercise other rights like LPG exporters and importers specified in Clauses 3 thru 7, Article 8 of this Decree.
4. To form their distribution systems under Clause 5, Article 13 of this Decree when organizing the retail of LPG and bottled LPG.
Article 12. Obligations of LPG producers and processors
1. To submit to the inspection and certification by the Ministry of Science and Technology in coordination with concerned ministries and branches, of satisfaction of the safety conditions and quality standards under regulations and compliance with regulations of LPG safety and quality assurance throughout the course of production or processing before putting their LPG products into market circulation for the first time.
2. To regularly inspect the safety of machines, equipment and technological chain in order to detect signs of and promptly remedy unsafe operations in the course of LPG production or processing.
3. To install signboards of "No fire", "No smoking", "Staff only", "Fire prevention and fighting rules" and "Rules on entrance into production/processing areas" at conspicuous places in LPG production or processing areas.
4. To wholesale LPG under contracts to other eligible LPG traders under this Decree, ensuring equality, publicity and transparency.
5. To satisfy the conditions and comply with regulations on LPG production or processing; to export or import LPG (in case of LPG export or import) under this Decree and other relevant legal documents; to maintain the LPG circulation reserves specified in Clause 1, Article 52 of this Decree.
Article 13. Conditions on grade-I LPG distributors
A grade-I LPG distributor must fully satisfy the following conditions:
1. Having a business registration certificate, covering the registration for LPG trading.
2. Owning or co-owning with other parties that have contributed capital for construction, an LPG storehouse with a total capacity of tanks of at least 800 m3 (eight hundred cubic meters) to receive LPG from ships or other transport vehicles, and built under planning and according to current technical regulations.
3. Owning at least 300.000 (three hundred thousand) LPG bottles of all kinds (except mini bottles); trademarks and brands already registered with competent authorities under law.
4. Having an LPG-bottling station with a certificate of satisfaction of LPG bottling conditions specified in Article 17 of this Decree.
5. Having an attached LPG distribution system, consisting of bottled LPG-selling shops or LPG supply stations or automobile LPG-filling stations, and at least 20 (twenty) LPG-trading agents (general agent and agents or agents) that fully satisfy the conditions specified in this Decree.
Article 14. Rights of grade-I LPG distributors
Grade-I LPG distributors have the rights like LPG exporters and importers specified in Clauses 2 thru 7. Article 8 of this Decree.
Article 15. Obligations of grade-I LPG distributors
Grade-I LPG distributors shall fully perform the obligations like LPG exporters and importers specified in Article 9 of this Decree.
Section 2. BOTTLING OF LPG
Article 16. Conditions on LPG bottling stations
An LPG bottling station that fully satisfies the following conditions will be granted a certificate of LPG bottling:
1. Having a business registration certificate, covering the registration for LPG bottling.
2. Being located in line with the planning and project or design approved by a competent authority. The building of an LPG-bottling station must comply with the Construction Law and other relevant laws on construction of LPG works.
3. Having a station, bottling equipment, pipeline system, tanks and auxiliary equipment complying with safety rules in current national technical regulations.
4. Having machines and equipment subject to stringent requirements on labor safety and sanitation inspected and registered under regulations.
5. Having surrounding protection fences, which are well-ventilated and built at a safety distance from the station as prescribed in the relevant Vietnam standard and an appendix to this Decree (not printed herein).
6. Having a certificate of satisfaction of fire prevention and fighting conditions and a certificate of satisfaction of security and order conditions granted by competent police offices under law.
7. Performing all the processes of bottling LPG or filling tank trucks with LPG operating its machines and equipment, responding to incidents and complying with safety rules.
Article 17. Grant of certificates of satisfaction of LPG bottling conditions
The provincial-level Industry and Trade Department shall grant a certificate of satisfaction of LPG bottling conditions to each LPG-bottling station mentioned in this Article. A dossier of application comprises:
1. An application for a certificate, made according to a set form (not printed herein);
2. A certified copy of the business registration certificate, covering the registration for LPG bottling or tank truck filling line;
3. A construction permit enclosed with a project or design approved by the competent authority which permits the investment in the construction of a bottling station and its equipment as specified in Clause 3, Article 16 of this Decree.
4. A site plan (on A2 or larger paper sheets) showing the locations of tanks and the bottling station, positions for pumping LPG out of tank trucks, storehouses or workshops or filling them with LPG lanes for trucks, fire alarms and fighting devices, LPG pipelines, electric system, and LPG supply control. Site drawings must clearly display the capacity, positions, sizes and minimum safety distance of tanks as specified in an appendix to this Decree (not printed herein).
5. Certified copies of:
- A slip of results of inspection of machines and equipment of the bottling station subject to stringent labor safety requirements;
- A slip of results of inspection of inspection or measurement equipment or devices used by the bottling station: weight scales, capacity-measuring device, pressure gauge and other equipment and devices;
- A certificate of satisfaction of fire prevention and fighting conditions;
- A certificate of satisfaction of security and order conditions;
- Documents on processes of LPG bottling, operation of machines and equipment in the bottling station, response to incidents, and safety rules.
6. Professional training certificates of each employee of the bottling station under Clause 3, Article 6 of this Decree.
Within 10 (ten) working days after receiving a complete and valid dossier as specified in this Article, the provincial-level Industry and Trade Department shall examine the dossier and grant a certificate of satisfaction of LPG bottling conditions, made according to a set form (not printed herein).
A certificate of satisfaction of LPG bottling conditions is valid for 5 (five) years from the date of grant. Upon the expiration of the validity term, the trader shall carry out the prescribed procedures for certification for the subsequent period. In case of refusal to grant a certificate, the provincial-level Industry and Trade Department shall reply in writing, clearly stating the reason so that the applicant can strives to satisfy all the conditions for obtaining a certificate.
7. Traders shall pay fees and charges set by the Ministry of Finance for the grant of certificates of satisfaction of LPG bottling conditions.
Article 18. Rights of LPG-bottling stations
1. To organize the filling of only LPG bottles owned by their owners and qualified for market circulation under Clauses 1 and 2, Article 20 of this Decree.
2. To organize the filling, under contracts, of LPG bottles for other eligible LPG traders that have LPG bottles qualified for market circulation as specified in Clauses 1 and 2, Article 20 of this Decree. Traders that hire the LPG bottling shall show to LPG-bottling station owners relevant documents evidencing that LPG bottles are under their use right, including trademark and brand registration certificate(s) and written certification of their lawful right to use LPG bottles.
3. To discard bottles unqualified for market circulation under Clauses 1 and 2, Article 20 of this Decree (including also LPG bottles not under its ownership).
Article 19. Obligations of LPG-bottling stations
1. To satisfy the conditions specified in this Decree and other relevant laws on LPG bottling. The LPG volume to be bottled must be sufficient for each type of bottle. LPG quality must be compatible with trademarks or brands already publicized by enterprises and up to current quality standards.
2. To ensure that bottled LPG satisfies the conditions specified in Article 21 of this Decree before being sold or delivered to customers under contracts; to take responsibility for the quantity and quality of LPG sold or delivered to customers.
3. LPG-bottling station owners shall furnish sufficient personal protection devices and purchase insurance under law for employees of their bottling stations.
4. LPG-bottling station owners may not store LPG bottles of other traders without contracts on hired LPG bottling with their bottling stations.
Section 3. CONDITIONS ON LPG DISTRIBUTION
Article 20. Conditions of LPG bottles for market circulation
1. Before being put into use, LPG bottles must be inspected in technical safety and have the use registration and trademark or brand registration made under law. Used LPG bottles must be re-inspected in technical safety under regulations.
2. The original design shape of inspected LPG bottles must be kept intact and these bottles are not due for re-inspection. The paint color of LPG bottles has been registered with a competent function agency. LPG bottles' adequate dossiers must be kept under regulations at trading establishments of owners of these LPG bottles.
3. Owners of LPG-trading establishments which are merged or dissolved or shift to business lines other than LPG trading or cease their long-term business operations shall recall all LPG bottles under their ownership for sale or assignment to other traders together with their adequate dossiers under regulations. Owners of these LPG bottles shall make trademark or brand re-registration with a competent functional agency, notify the market management agency of their distribution systems and customers for supervision, and observe this Decree's provisions on management of LPG bottles and take responsibility for these LPG bottles.
4. Owners of LPG bottles may permit the making of collaterals for LPG bottles under their ownership and may issue LPG bottle collateral slips to be uniformly applicable to their distribution systems and customers; may inspect LPG bottle collateral records at any establishments storing and using their LPG bottles.
Article 21. Conditions of bottled LPG for market circulation
1. For market circulation of bottled LPG LPG bottles must satisfy the conditions specified in Clauses 1 and 2, Article 20 of this Decree, the LPG volume in a bottle must be compatible with the trademark, up to quality standards publicized by the trader and conform to current quality standards, and LPG bottles must be properly sealed up.
2. Bottled LPG to be circulated on the market must have an origin consistent with that stated in the LPG purchase and sale or trading agency contract.
Article 22. LPG distribution
1. Wholesale LPG traders shall distribute LPG and bottled LPG on the market through distribution systems under their management which consist of member enterprises, LPG-trading branches, LPG-bottling stations, LPG supply stations, automobile LPG-filling stations, LPG-selling stores, general agents and agents as defined in this Section.
2. Bottled LPG-selling stores, LPG supply stations, general agents and agents that distribute LPG and bottled LPG for wholesale LPG traders must satisfy the required conditions.
Article 23. Conditions on an LPG-trading general agent
1. Having a business registration certificate, covering the registration for LPG trading agency.
2. Having an LPG and bottled LPG storehouse built according to current national technical regulations and of a capacity of at least 2,000 (two thousand) LPG bottles or bottled LPG of all kinds (except mini bottles).
3. Having an LPG distribution system consisting of bottled LPG-selling stores or automobile LPG-filling stations, and at least 10 (ten) agents fully satisfying the conditions specified in Article 26 of this Decree.
4. Having entered into an agency contract of a term of at least 1 (one) year, which is still valid, with an eligible LPG wholesaler under this Decree.
Article 24. Rights of LPG-trading general agents
1. To select and enter into agency contracts with no more than 3 (three) eligible LPG wholesalers under this Decree.
2. To enter into contracts only with traders eligible for acting as agents under Article 26, and with bottled LPG-selling stores eligible under Article 29 of this Decree; to supply LPG up to quality standards and bottled LPG qualified for market circulation under Article 21 of this Decree only to their own distribution systems.
3. To sell LPG at automobile LPG-filling stations and bottled LPG qualified for market circulation under Article 21 of this Decree, LPG-fueled auxiliary equipment up to quality standards; and directly sell LPG under contracts to consumers.
4. Bottled LPG-selling stores and automobile LPG-filling stations within their distribution systems may only sell bottled LPG and LPG to wholesale LPG traders with whom they have entered into agency contracts.
5. To inspect and supervise LPG-trading establishments under their management their satisfaction of the conditions on LPG trading specified in this Decree.
Article 25. Obligations of LPG-trading general agents
1. To supply sufficient LPG and bottled LPG of quality up to set quality standards to meet demands of their distribution systems; to maintain the LPG circulation reserves specified in Clause 2, Article 52 of this Decree.
2. To take responsibility for the quantity, quality and selling prices of LPG and bottled LPG they sell; to submit to the inspection and supervision by wholesale LPG traders with whom they have entered into agency contracts and by competent functional agencies.
3. To sell LPG at prices set by wholesale LPG traders; to sell LPG in sufficient quantity and of proper quality under regulations; to refrain from joining cartels to increase LPG selling prices and from committing other fraudulent acts; to fully observe regulations on invoices and documents in all LPG trading stages under the Ministry of Finance's regulations.
4. To refrain from purchasing or selling LPG of unclear origin on the market not under agency contracts signed with LPG wholesalers.
5. To refrain from storing, circulating or consuming LPG and bottled LPG of other LPG traders not under agency contracts; to return to LPG wholesalers all LPG bottles for which collaterals have been made, also with their dossiers, upon liquidation of agency contracts.
6. To put up only signboards and logos of LPG wholesalers with whom they have entered into agency contracts. Those signboards and logos must have clear and sufficient details as specified by law.
7. To strictly comply with regulations on LPG-trading agency.
Article 26. Conditions on an LPG-trading agent
1. Having a business registration certificate, covering the registration for LPG trading agency.
2. Having a bottled LPG-selling store or an automobile LPG-filling station with a certificate of satisfaction of fire prevention and fighting conditions and a certificate of satisfaction of security and order conditions granted by competent police offices under law.
3. Having entered into an agency contract of a term of at least 1 (one) year, which is still valid, with an eligible LPG wholesaler or general agent under this Decree.
Article 27. Rights of LPG-trading agents
1. To select and enter into agency contracts with no more than 3 (three) eligible LPG wholesalers or general agents under this Decree.
2. To sell only LPG and bottled LPG supplied by LPG wholesalers or general agents (in case they act as agents for general agents), post up selling prices and sell LPG at posted prices set by LPG wholesalers.
3. LPG-selling stores and automobile LPG-filling stations within their distribution systems may only sell bottled LPG and LPG to eligible LPG traders with whom they have entered into agency contracts.
4. To inspect and supervise LPG-trading establishments under their management in their satisfaction of the conditions on LPG trading specified in this Decree.
Article 28. Obligations of LPG-trading agents
1. To ensure that bottled LPG sold to customers satisfies the conditions specified in Article 21 of this Decree; to install signboards of and provide customers with LPG use safety instructions; to take responsibility for the quantity, quality and selling prices of bottled LPG they sell; to keep records for monitoring LPG of various kinds sold to customers.
2. To sell LPG and deliver LPG bottles only under contracts as authorized by LPG wholesalers or general agents and to properly realize their commitments in contracts; to submit to the inspection and supervision by LPG wholesalers or general agents (in case they act as agents for general agents) and by competent functional agencies.
3. To refrain from purchasing or selling LPG and bottled LPG of unclear origin on the market not under contracts signed with LPG wholesalers or general agents; to refrain from purchasing or selling LPG bottles of all kinds currently circulated on the market and owned by other LPG traders.
4. To observe regulations on recording of invoices and documents in all business stages under the Ministry of Finance's regulations.
5. To strictly comply with regulations on LPG trading agency.
Article 29. Conditions on bottled LPG-selling stores
A bottled LPG-selling store that fully satisfies the following conditions will be granted a certificate of satisfaction of LPG trading conditions:
1. Having a business registration certificate, covering the registration for sale of bottled LPG
2. Having entered into a bottled LPG purchase contract of a term of at least 1 (one) year, which is still valid, with an eligible agent or general agent or LPG wholesaler under this Decree.
3. Having a certificate of satisfaction of fire prevention and fighting conditions; a certificate of satisfaction of security and order conditions granted by a competent police office under law.
Article 30. Grant of certificates of satisfaction of trading conditions to bottled LPG-selling stores
1. The provincial-level Industry and Trade Department shall grant a certificate of satisfaction of trading conditions to each bottled LPG-selling store that fully satisfies the conditions specified in this Article. A dossier of application for such a certificate comprises:
a/ An application for a certificate, made by the bottled LPG-selling store owner according to a set form (not printed herein);
b/ A certified copy of the business registration certificate of the bottled LPG-selling store owner;
c/ Certified copies of the certificate of satisfaction of fire prevention and fighting conditions and the certificate of satisfaction of security and order conditions granted by competent police offices under Clause 3. Article 29 of this Decree;
d/ Certified copies of professional training certificates of employees of the bottled LPG-selling store as specified in Clause 3, Article 6 of this Decree.
2. Within 7 (seven) working days after receiving a vaild dossier, the provincial-level Industry and Trade Department shall examine the dossier and grant a certificate of satisfaction of LPG trading conditions, made according to a set form (not printed herein) and valid for 5 (five) years from the date of grant, to each bottled LPG-selling store. Upon the expiration of the validity term of the certificate, the trader shall carry out the prescribed procedures for certification for the subsequent period. In case of refusal to grant a certificate, the provincial-level Industry and Trade Department shall reply in writing, clearly stating the reason, for the applicant to complete its dossier as required for obtaining a certificate.
3. Bottled LPG-selling stores shall pay charges and fees set by the Ministry of Finance for the grant of certificates of satisfaction of bottled LPG trading conditions .
Article 31. Rights of bottled LPG-selling stores
1. To select and enter into contracts on bottled LPG sale for no more than 3 (three) eligible LPG traders under this Decree.
2. To refrain from purchasing and selling bottled LPG of unclear origin on the market not under contracts.
3. To refrain from appropriating or selling LPG bottles of agents or general agents or other LPG traders currently in circulation on the market.
4. To observe the Ministry of Finance's regulations on recording of invoices and documents in all business stages.
Article 32. Obligations of bottled LPG-selling stores
1. To put up only signboards and logos of wholesale LPG traders with whom their owners have entered into agency contracts. Those signboards and logos must have clear and sufficient details under law, clearly stating the serial numbers of their owners' business registration certificates.
2. To post up selling prices of bottled LPG and sell bottled LPG at posted prices set by their agency principals (agents, general agents or LPG wholesalers); and to submit to the management, inspection and supervision by these traders and competent functional agencies.
3. To sell only bottled LPG qualified for market circulation under Article 21 of this Decree; to refrain from selling bottled LPG of other traders outside contracts and refilled LPG mini bottles (disposable mini bottles which are not allowed to be refilled).
4. To sell bottled LPG only to eligible LPG traders with whom they have entered into agency contracts.
Article 33. Conditions on automobile LPG-filling stations
1. An automobile LPG-filling station must be built under planning and according to current technical regulations, and have a construction permit accompanied with a project or design approved by a competent authority for construction investment.
2. Its measuring devices have been inspected and corrected under regulations.
3. Its equipment subject to stringent requirements on automobile LPG filling safety has been inspected and registered under regulations.
4. It has a certificate of satisfaction of fire prevention and fighting conditions and a certificate of satisfaction of security and order conditions granted by competent police offices under law.
Article 34. Grant of certificates of satisfaction of automobile LPG filling conditions
1. The provincial-level Industry and Trade Department shall grant a certificate of satisfaction of automobile LPG filling conditions to a station that fully satisfies the conditions specified in Article 33 of this Decree. A dossier of application for such a certificate comprises:
a/ An application for a certificate, made by the filling station owner according to a set form (not printed herein);
b/ A certified copy of the business registration certificate, covering the registration for LPG sale for automobiles;
c/ A certified copy of the certificate of satisfaction of petrol and oil trading conditions (for automobile LPG-filling stations at petrol and oil stores).
d/ Certified copies of:
- A certificate of satisfaction of fire prevention and fighting conditions and a certificate of satisfaction of security and order conditions granted by competent police offices (for automobile LPG-filling stations built outside petrol and oil stores) specified in Clause 4, Article 33 of this Decree;
- A slip of results of inspection of measuring devices specified in Clause 2, Article 33 of this Decree;
- A slip of results of inspection of equipment subject to stringent requirements on automobile LPG filling safety granted by a competent agency as specified in Clause 3, Article 33 of this Decree;
- Training certificates of employees of the automobile LPG-filling station who have been trained under Clause 3, Article 6 of this Decree.
2. Within 7 (seven) working days after receiving a valid dossier, the provincial-level Industry and Trade Department shall examine the dossier and grant a certificate of satisfaction of automobile LPG filling conditions, made according to a set form (not printed herein) and valid for 5 (five) years from the date of grant, to each filling station. Upon the expiration of the validity term of the certificate, the trader shall carry out specified procedures for certification for the subsequent period. In case of refusal to grant a certificate, the provincial-level Industry and Trade Department shall reply in writing, clearly stating the reason, for the applicant to complete its dossier as required for obtaining a certificate.
3. Automobile LPG-filling stations shall pay charges and fees set by the Ministry of Finance for the grant of certificates of satisfaction of automobile LPG filling conditions.
Article 35. Rights of automobile LPG-filling stations
1. To put up signboards and logos of wholesale LPG traders or general agents. Those signboards and logos must have clear and sufficient details under law.
2. To submit to the inspection and supervision by LPG wholesalers, general agents and competent functional agencies.
3. To enter into joint ventures or contribute capital to building automobile LPG-filling stations with petrol and oil stores with certificates of satisfaction of petrol and oil trading conditions.
Article 36. Obligations of automobile LPG-filling stations
1. To sell only LPG up to set quality standards supplied by LPG wholesalers or general agents; to refrain from purchasing LPG of unclear origin on the market or smuggled LPG for sale to customers.
2. To fill LPG only in LPG-fueled automobiles, and refrain from filling LPG in LPG bottles of any customers, including agents, general agents and other LPG traders.
3. To post up LPG selling prices and sell LPG at posted prices set by LPG wholesalers; and to take responsibility for the quantity, quality and selling prices of LPG sold to customers.
4. To ensure their measuring devices are precise; to regularly inspect LPG filling equipment, ensuring its safety in the business operation.
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