Interim Measures For The Refined Oil Market Management

Original Language Title: 成品油市场管理暂行办法

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(December 2, 2004 the Ministry of Commerce released 2004 23rd come into force on January 1, 2005) Chapter I General provisions article to strengthen the oil products market supervision and management, and standard oil management, maintain the oil market order, according to the State Department to set administrative administrative examination and approval items really necessary to be retained licensing decision (State Council Decree No. 412) and related laws and regulations, these measures are formulated.
    Article in the People's Republic of China territory of refined oil wholesale enterprises, warehouse and retail business activities shall comply with the relevant laws and regulations and these rules.
    III management of the Ministry of Commerce shall conduct supervision on China's oil product market.
    People's Governments of provinces, autonomous regions, municipalities, separately listed cities Department of business administration (hereinafter referred to as the provincial departments of business administration) responsible for area gas station and storage industry development planning, is responsible for organizing and coordinating supervision and management of the refined oil business activities within their respective jurisdictions.
    Article fourth product mentioned in these measures refers to gasoline, kerosene and diesel. Chapter II product license application and acceptance section fifth for enterprises engaged in wholesale business of refined oil products, shall apply to the provincial departments of commercial administration.
    The provincial departments of business administration review, the preliminary application materials for the review and reported to the Ministry of Commerce, the Commerce Ministry to decide whether to give oil products wholesale licenses. Sixth application for oil products storage, retail businesses, it should be to the local municipal (city divided into districts, the same below) shall apply to the Department of business administration.
    Municipal people's Government departments of business administration review of the preliminary review and application materials are submitted to the provincial people's Government departments of business administration, the provincial departments of business administration to decide whether to give oil warehouse or retail license.
    Seventh article application engaged in oil wholesale business of enterprise, should has following conditions: (a) has stable of oil supply channel; (ii) has full funding or holding of, and capacity not below 4000 cubic metres of oil depot, Depot construction meet oil library design specification (GBJ74 – 84); (three) has received unloading oil of conveying pipeline, and railway lines or oil water Terminal, facilities; (four) Depot and the other facilities meet national security production, and environmental protection of about provides;
    (E) oil inspection, measurement, storage, fire safety professionals (vi) meet the requirements for refined oil wholesale network development plan; (g) the sound management system. Eighth article application engaged in oil warehouse business of enterprise, should has following conditions: (a) oil facilities meet Depot layout planning requirements; (ii) Depot capacity not below 4000 cubic metres, Depot construction meet oil library design specification (GBJ74 – 84); (three) has received unloading oil of conveying pipeline, and railway lines or oil water Terminal, facilities; (four) Depot design and construction meet safety and the environmental protection of provides; (five) has oil test, and measurement, and store, and
    Fire safety knowledge of professional and technical personnel; (vi) the sound management system. Nineth article application engaged in oil retail business of enterprise, should has following conditions: (a) has stable of oil supply channel, and has wholesale business qualification of oil business enterprise signed for oil agreement; (ii) meet local gas station industry development planning; (three) gas station of design, and construction meet corresponding of national standards; (four) gas station construction meet national land management, and fire security, and environmental protection, about provides; (five) has oil test, and measurement, and store, and
    Fire safety knowledge of professional and technical personnel; (vi) engaged in ship fuel supply petrol stations to run the water (boat), in addition to meeting the above requirements, shall conform to the port, the water traffic safety and the prevention of water pollution regulations.
    For rural areas, sales of diesel fuel only, by the provincial departments of business administration in accordance with local conditions, establishing the conditions and management practices.
    Tenth Department of business administration in Office space refined oil business licenses of public signs shall be applied for the conditions, procedures, deadlines, and list of required materials and application specification text. 11th under the Department of Business Administration considers the application materials are incomplete or do not meet the requirements, it shall within 5 working days upon receipt of the application or inform the applicant of the required correction of everything at once.
    Fails to inform the, shall be accepted as of the date of receipt of the application materials.
    12th Department of business administration in applicant's application materials complete, in compliance with the statutory form, or when the applicant requested correction all application materials submitted, shall accept the product license application.
    Department of business administration receive refined oil business license application, it shall issue a dated and stamped with the Special seal of the Executive in written form.
    Inadmissibility of refined oil business license application, certificate with the administrative body Special seal grounds and dated, description, will not be accepted in written form, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    13th Department of business administration for accepting applications shall carefully review the material submitted by the applicant, and put forward opinions, required to superior departments of business administration assessment of the preliminary review and application materials are reported to the parent Department of business administration.
    Chapter III product licensing review process deadline 14th provincial administrative authorities after receiving the application for refined oil wholesale business shall be assigned two or more staff members, within 20 working days to complete the review and application materials for the preliminary reviews and reported to the Ministry of Commerce. Ministry of Commerce received materials from the provincial departments of Business Administration reported date, 20 working days to complete the examination.
    To fulfil the conditions of article seventh person, wholesale business of refined oil products should be given permission, and issuance of the certificate of approval of the wholesale business of refined oil products; do not meet the criteria, the decision and the reasons therefor in writing notify the applicant of the disapproval.
    15th of municipal-level people's Government departments of Business Administration received oil product storage management applications shall be assigned two or more staff members, within 20 working days to complete the review and preliminary review comments and application materials are reported to the provincial departments of business administration. The provincial departments of business administration from the municipal departments of commercial administration report is received the material date, 20 working days to complete the examination. An applicant who meets the conditions specified in article eighth, refined oil storage should be given licences, MOFCOM issued after the filing of the certificate of approval for oil products storage business; does not meet the criteria, the decision and the reasons therefor in writing notify the applicant of the disapproval.
    Cannot make a decision within 20 working days, approved by the Department head, and can be extended by 10 working days, and will notify the applicant of the reasons for such further period.
    16th municipal people's Government departments of Business Administration received oil products retail management applications shall be assigned two or more staff members, within 20 working days to complete the review and preliminary review comments and application materials are reported to the provincial departments of business administration. The provincial departments of business administration from the municipal departments of commercial administration report is received the material date, 20 working days to complete the examination. Applicants eligible for article Nineth, retail business license should be given, and awarded a certificate of approval for the retail business; does not meet the criteria, the decision and the reasons therefor in writing notify the applicant of the disapproval.
    Can't make a decision within 20 working days, approved by the Department head, and can be extended by 10 working days, and will notify the applicant of the reasons for such further period.
    Article 17th on the applicants ' product license applications, accept applications for Department of Business Administration considers it necessary to hold a hearing, shall be announced to the public and hold a hearing.
    Article 18th oil enterprises to set up branches, shall be in accordance with this regulation, otherwise apply.
    Refined oil business enterprise is suspended or terminates its operation, shall be qualified as to the certification authorities for operating the suspension or cancellation. The fourth chapter refined oil business approval certificates issued and change article 19th uniformly printed product management certificate of approval by the Ministry of Commerce.
    The certificate of approval of the wholesale business of refined oil products by the Ministry of Commerce issued the certificate of approval for oil products storage business and the retail management certificate of approval issued by the provincial departments of business administration. 20th refined oil wholesale companies require change of matter of the certificate of approval of the wholesale business of refined oil products, with relevant supporting documents and the original approval certificate, centrally by the provincial departments of business administration to apply to the Ministry of Commerce. Corporate name change, should provide proof of industrial and commercial administration departments the corporate name change; change of the legal representative of the genus, should provide the appropriate supporting documents.
    Conditions has continued to engage in wholesale business of refined oil products, the wholesale business of refined oil products by the Ministry of Commerce to exchange their change the certificate of approval. 21st product warehousing and retailing changes in related matters, make application to the provincial departments of business administration, and provide documentary proof of change. Corporate name change, should provide proof of industrial and commercial administration departments the corporate name change; change of the legal representative of the genus, should provide the appropriate supporting documents.
    The provincial departments of Business Administration approval, to continue oil product storage and operating conditions, issue a certificate of approval for changing the oil storage business; to have continued to engage in retail business conditions, change change the oil products retail management certificate of approval.
    22nd due to changes caused by the competent authority approval certificate of the wholesale business of refined oil products, the oil storage business certificate of approval and the changes in retail management certificate of approval separately. Supervision and administration of the fifth chapter article 23rd superior business administrative departments should strengthen the subordinate departments of business administration supervision and inspection of the implementation of the refined oil market management, timely correction of irregularities in the management of the oil market.

    24th commercial administrative departments at all levels should strengthen supervision and inspection of the area's oil product market, irregularities in the investigation of the oil business. 25th business license departments of business administration the implementation of refined oil and subsequent supervision and management, and shall not charge a fee.
    Oil market management requirements of the Department of business administration applying to the financial sector.
    26th Ministry of Commerce and the provincial departments of business administration must be refined oil business license list of companies and products the list of enterprises for public notification of the change, cancellation.
    27th refined oil business approval certificates shall not be forged, and may not be sold, rented, lent or in any other form.
    28th oil special user's special oil, amount, terms and scope of supply according to state regulations, not for sale.
    29th article oil business enterprise should law business, ban following behavior: (a) no card no as, and card as inconsistent or Super range business of; (ii) gas station not using refueling machine, measurement apparatus refueling or not according to provides using tax control device; (three) using without verification or over verification cycle and not meet explosion-proof requirements of refueling machine, unauthorized changes refueling machine or using other means deduction oil volume; (four) doping adulterated, and to pretend really, and shoddy; (five) sales national expressly eliminated or quality not qualified of oil;
    (Vi) business of smuggling or illegal refining oil products; (VII) in violation of State price policies, bidding up the price of oil or low-price dumping, and (VIII) other conduct prohibited by national laws and regulations.
    30th retail businesses should be purchased from a wholesale business of refined oil products of the enterprise products.
    Retail enterprises must not be didn't qualify for refined oil wholesale business unit to sell oil products.
    Wholesale enterprise of refined oil products is allowed to not qualify for refined oil business sales of refined oil.
    Storage enterprise of refined oil products for other storage products, should verify the legitimate source of oil.
    31st article has following situation one of of, made oil business license decided of business administrative competent sector or Shang a level business administrative competent sector, according to interest relationship people of requests or according to terms, can revoked license decided: (a) administrative organ staff abuse, and negligence on not meet statutory conditions of application made granted license decided of; (ii) beyond statutory terms made granted license decided of; (three) on not has qualification or not meet statutory conditions of applicants made granted license decided of;
    (D) other circumstances can annul of an administrative license according to law.
    Sixth chapter legal responsibility 32nd article business administrative competent sector and staff violation this approach provides, has following case one of of, by its superior administrative organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel give administrative sanctions: (a) on meet statutory conditions of application not accepted of; (ii) not to applicants description not accepted application or not license reason of; (three) on not meet conditions of application who be license or beyond statutory terms made license of;
    (D) the applicant meets the statutory requirements shall not be approved or without justifiable reason not to make an approval decision within the statutory time limit (v) does not perform its oversight duties or oversight, causing serious consequences.
    Article 33rd commercial administrative departments in the implementation of the refined oil business licensing process, unauthorized charges, by its higher administrative authority shall order the return of illegal fees charged by, and directly responsible shall be given administrative sanctions. 34th article oil business enterprise has following behavior one of of, business administrative competent sector should law give administrative punishment; plot serious of, revoked its oil business approved certificate: (a) altered, and reselling, and rental, and lending or to other form illegal transfer oil business approved certificate of; (ii) oil special user violation provides, unauthorized will special with oil foreign sales of; (three) violation this approach provides of conditions and program, without license unauthorized new gas station or depot of; (four) take doping adulterated, and
    To pretend really, and shoddy or to not qualified products posing as qualified products, means sales oil, or sales national expressly eliminated and ban sales of oil of; (five) sales smuggling oil of; (six) oil wholesale enterprise to not has oil business qualification of enterprise sales oil of; (seven) oil retail enterprise from not has oil wholesale business qualification of enterprise purchased into oil of; (eight) to cheat, and bribery, not due means made business license of;
    (I) beyond the scope of business activity, and (10) to conceal from the authorities responsible for the supervision and inspection of administrative information, the provision of false information or refuse to provide authentic materials reflect its operational activities and (11) other violations of laws, rules and regulations.
    35th when applying for a product license, concealing facts or providing false information, Department of business administration shall make a decision of inadmissibility or disapproval, and given a warning.
    Article 36th citizens, legal persons or other organizations without permission of the Department of business administration, engaged in the oil business activities without authorization from local departments of business administration, in conjunction with relevant authorities to stop, and given administrative punishment.
    Seventh chapter supplementary articles article 37th explain these measures by the Ministry of Commerce.
                                                                                                                      38th article of the rules implemented on January 1, 2005.

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