Decree No. 118/2011/ND-CP dated December 16, 2011 of the Government amending and supplementing administrative procedures in petrol and oil and liquefied petroleum gas trading

THE GOVERNMENT

Decree No. 118/2011/ND-CP of December 16, 2011, amending and supplementing administrative procedures in petrol and oil and liquefied petroleum gas trading

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

At the proposal of the Minister of Industry and Trade,

DECREES:

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 84/2009/ND-CP of October 15, 2009, on petrol and oil trading

1. To replace the phrase “valid copy” provided in Decree No. 84/2009/ND-CP with the word “copy”.

2. To add the following Clause 12 to Article 3:

“12. Copy means:

a/ Certified copy (for submission of dossiers by post or as administrative correspondence);

b/ Copy enclosed with the original for comparison (for direct submission of dossiers);

c/ Copy scanned from the original (for online submission of dossiers under administrative procedures).”

3. To amend and supplement Clause 6, Article 8 as follows:

“6. A petrol and oil import-export license is revoked when it expires; the trader no longer operates in petrol and oil export and import; the trader goes bankrupt under law; violations of import-export business conditions provided in Article 7 of this Decree are committed; or in other cases under law.”

 4. To amend and supplement Point b, Clause 3, Article 16 as follows:

“b/ Within twenty (20) working days after receiving a valid dossier, the provincial-level Industry and Trade Department shall consider, evaluate and grant a certificate of eligibility for petrol and oil trading according to form No. 4 attached to this Decree to the trader. In case of refusal, it shall issue a written reply clearly stating the reason.”

5. To add the following Article 23a below Article 23:

“Article 23a. Procedures for allocation of minimum quotas for petrol and oil import

1. Based on its petrol and oil import situation in a year and development plan for the subsequent year, a trader engaged in petrol and oil import-export shall annually register its minimum quota for petrol and oil import with the Ministry of Industry and Trade.

2. A registration dossier comprises:

a/ A written request specifying the volumes and categories of petrol and oil registered for minimum import quota;

b/ A report on the trader’s petrol and oil import in the year.

3. The dossier shall be submitted in one (1) set.”

Article 2. To amend and supplement a number of articles of the Government’s Decree No. 107/2009/ND-CP of November 26, 2009, on liquefied petroleum gas trading

1. To replace the phrase “copy certified by a competent agency” provided in Decree No. 107/2009/ND-CP with the word “copy”.

2. To add the following Clause 18 to Article 3:

“18. Copy means:

a/ Certified copy (for submission of dossiers by post or as administrative correspondence);

b/ Copy enclosed with the original for comparison (for direct submission of dossiers);

c/ Copy scanned from the original (for online submission of dossiers under administrative procedures).”

3. To amend and supplement Article 17 as follows:

“Article 17. Grant of certificates of satisfaction of LPG bottling conditions

1. The provincial-level Industry and Trade Department shall grant a certificate of satisfaction of LPG bottling conditions to each LPG bottling station under this Article.

2. A dossier of application for a certificate of satisfaction of LPG bottling conditions shall be submitted in one (1) set, comprising:

a/ An application for a certificate, made according to the form provided in Appendix III to this Decree;

b/ Copies of:

- The business registration certificate, covering the business line of LPG bottling or tank truck filling;

- The slip of results of inspection of the bottling station’s machinery and equipment subject to stringent labor safety requirements;

- The slip of results of inspection of each measuring equipment or device used by the bottling station: weight scale, capacity-measuring device, pressure gauge and other equipment and devices;

- The certificate of satisfaction of fire prevention and fighting conditions;

- The processes of LPG bottling, machinery and equipment operation, and incident response, and safety rules;

- The construction permit.

c/ A site plan (on paper of A2 or larger size) showing the locations of tanks and the bottling station, positions for pumping/filling LPG out of/into tank trucks, storehouses or workshops, lanes for trucks, fire alarms and fighting devices, LPG pipelines, electric system, and LPG supply control system. Site drawings must clearly display the capacity, positions, sizes and minimum safety distance of tanks provided in Appendix IX to this Decree.

3. Within three (3) working days after receiving a dossier, the provincial-level Industry and Trade Department shall notify the trader of the dossier’s completeness and validity.

Within ten (10) working days after receiving a complete and valid dossier, the provincial-level Industry and Trade Department shall consider and evaluate the dossier and grant a certificate of satisfaction of LPG bottling conditions, made according to the form provided in Appendix IV to this Decree. In case of refusal, it shall issue a written reply clearly stating the reason.

4. Traders obtaining certificates of satisfaction of LPG bottling conditions shall pay charges and fees under the Ministry of Finance’s regulations.”

4. To amend and supplement Clause 2, Article 30 as follows:

“2. Within three (3) working days after receiving a dossier, the provincial-level Industry and Trade Department shall notify the trader of the dossier’s completeness and validity.

Within seven (7) working days after receiving a valid dossier, the provincial-level Industry and Trade Department shall consider and evaluate the dossier and grant a certificate of eligibility for LPG trading to each bottled LPG shop, which is made according to the form provided in Appendix II to this Decree and valid for five (5) years from the date of its grant. When the certificate expires, the trader shall carry out procedures under regulations for certification for the subsequent period.”

5. To annul the requirement for “a certificate of satisfaction of security and order conditions granted by a competent police office” as follows:

To annul the requirement for “a certificate of satisfaction of security and order conditions granted by a competent police office” provided in Clause 6, Article 16; Clause 5, Article 17; Clause 2, Article 26; Clause 3, Article 29; Point c, Clause 1, Article 30; Clause 4, Article 33; Point d, Clause 1, Article 34; Clause 3, Article 37; Point d, Clause 1, Article 38; and Point b, Clause 6, Article 56 of Decree No. 107/2009/ND-CP.

6. To annul the requirement for “a training certificate granted to each employee of the automobile LPG filling station” and “a professional training certificate granted to each employee of the LPG supply station” as follows:

To annul the requirement for submission of “a training certificate granted to each employee of the automobile LPG filling station under Clause 3, Article 6 of this Decree” provided at Point d, Clause 1, Article 34 of Decree No. 107/2009/ND-CP and “a professional training certificate granted to each employee of the LPG supply station under Clause 3, Article 6 of this Decree” provided at Point d, Clause 1, Article 38 of Decree No. 107/2009/ND-CP.

7. To amend and supplement Clause 2, Article 34 as follows:

“2. Within seven (7) working days after receiving a valid dossier, the provincial-level Industry and Trade Department shall consider and evaluate the dossier and grant a certificate of satisfaction of automobile LPG filling conditions to each filling station, made according to the form provided in Appendix VIII to this Decree. In case of refusal, it shall issue a written reply clearly stating the reason for the trader to complete the dossier as required to obtain a certificate.”

8. To rename the formality for granting “a certificate of eligibility for liquefied petroleum gas trading” as follows:

To replace the phrases “certificate of eligibility for LPG trading” provided in Article 29 and at Point a, Clause 1, and Clause 2, Article 30; “certificate of eligibility for bottled LPG trading” provided in Clauses 1 and 3, Article 30 and at Point a, Clause 3, Article 58; “certificate of business eligibility of bottled LPG shop” provided in the title of Article 30, and at Point b, Clause 1, Article 56, and Point h, Clause 1, Article 58; “certificate of business eligibility” provided in Clause 3, Article 59; “certificate of satisfaction of conditions on liquefied petroleum gas shops” provided in Appendix I; “certificate of eligibility for liquefied petroleum gas trading” provided in Appendices I and II; and “certificate of business eligibility of liquefied petroleum gas shop” provided in Appendix II to Decree No. 107/2009/ND-CP with the phrase “certificate of eligibility for liquefied petroleum gas trading of bottled LPG shop.”

9. To annul the requirement for submission of “a list of physical and technical foundations enclosed with supporting documents” as follows:

To annul the requirement for submission of “a list of physical and technical foundations enclosed with supporting documents” provided at the end of Appendices I, III, V and VII to Decree No. 107/2009/ND-CP.

Article 3. Effect

This Decree takes effect on February 1, 2012.

Article 4. Implementation provisions

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG