Crude Oil Market Management Approach

Original Language Title: 原油市场管理办法

Read the untranslated law here: https://www.global-regulation.com/law/china/3026427/.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(On December 4, 2006 Commerce makes 2006 24th, announced since on January 1, 2007 up purposes) first chapter General first article for strengthening crude oil market supervision management, specification crude oil business behavior, maintenance crude oil market order, protection crude oil business enterprise and consumers of lawful rights and interests of, according to State on does needed retained of administrative approval project set administrative license of decided (State makes No. 412,) and about legal, and administrative regulations, developed this approach.
    Article in the People's Republic of China crude oil business activities within the territory shall abide by the relevant laws and regulations and these rules.
    Crude oil trading enterprises in these measures refers to crude oil sales and warehousing activities of enterprises.
    The third State shall practice a licensing system for crude oil business activities. The laws and regulations of the Ministry of Commerce is responsible for the drafting of the administration of the crude oil market, develop and organize the implementation of the internal regulations, the national oil market supervision according to law.
    Commercial departments at all levels in accordance with this approach and related laws and regulations are responsible for crude oil business activities within their respective jurisdictions, to organize and coordinate supervision and management.
    Article fourth crude oil in these measures refers to the People's Republic of China area and the sea areas under the jurisdiction of exploration and production of crude oil and imported crude oil.
    Chapter II crude oil business license application and acceptance section fifth for crude oil sales, warehouse management of enterprises shall make application to the provincial people's Government departments in charge of Commerce, the provincial Commerce authorities reviewed the preliminary application materials for the review and reported to the Ministry of Commerce, the Commerce Ministry to decide whether to give crude oil sales, warehouse license. Sixth article application crude oil sales qualification of enterprise, should has following conditions: (a) application subject should has China enterprise corporate qualification, registered capital not below 100 million Yuan Yuan; (ii) has long-term, and stable of crude oil supply channel: 1, and by State approved made oil mining license and has actual production of crude oil mining enterprise, or 2, and has crude oil imports business qualification and years imports volume in 500,000 tons above of imports enterprise, or 3, and and meet this paragraph 1, and
    2 items requirements of enterprise signed 1 years above of and business scale phase adapted of crude oil supply agreement; (three) has long-term, and stable, and legal of crude oil sales channel; (four) has capacity not below 200,000 cubic metres of crude oil depot, Depot construction meet local urban and rural planning, and Depot layout planning; and through land resources, and planning construction, and security regulatory, and police fire, and environmental protection, and meteorological, and quality, sector of acceptance.
    Seventh article application crude oil warehouse qualification of enterprise, should has following conditions: (a) application subject should has China enterprise corporate qualification, registered capital not below 50 million Yuan Yuan; (ii) has capacity not below 500,000 cubic metres of crude oil depot, Depot construction meet local urban and rural planning, and Depot layout planning; and through land resources, and planning construction, and security regulatory, and police fire, and environmental protection, and meteorological, and quality, sector of acceptance;
    (C) unloading crude oil pipelines or railway lines or of not less than 50,000 tons of crude oil shipping terminal and other facilities.
    Crude oil business enterprises with foreign investment established under article eighth, should comply with these measures and national policies, foreign investment laws, regulations and regulatory requirements.
    Nineth article application crude oil sales qualification of enterprise, should submitted following file: (a) application file; (ii) long-term, and stable crude oil supply channel of legal file and the related material; (three) long-term, and stable, and legal crude oil sales channel of legal file and the related material; (four) crude oil depot and supporting facilities of property proved file; land resources, and planning construction, and security regulatory, and police fire, and environmental protection, and meteorological, and quality, sector issued of Depot and the other facilities of approved certificate and the acceptance qualified file;
    (E) the departments of industry and commerce business license issued by the, or the business name prior approval written notice of, (vi) the dangerous chemicals safety regulators issue license; (VII) of foreign-funded enterprises should also provide the People's Republic of China enterprises with foreign investment approval certificate and (VIII) other files required by audit authorities. Tenth Article application crude oil warehouse qualification of enterprise, should submitted following file: (a) application file; (ii) crude oil depot and supporting facilities of property proved file; land resources, and planning construction, and security regulatory, and police fire, and environmental protection, and meteorological, and quality, sector issued of Depot and the other facilities of approved certificate and the acceptance qualified file; (three) received unloading crude oil of conveying pipeline or railway lines or not below 50,000 tons of crude oil water Terminal, facilities of property proved file; (four) business sector issued of
    Business license or the business name prior approval written notice of, (v) the dangerous chemicals safety regulators issue license; (f) foreign-funded enterprises should also provide the People's Republic of China approval certificate for foreign-invested enterprises; (VII) audit required for other files.
    11th commercial administrative departments at or above the provincial level should be in Office announcement crude oil sales, warehouse license application criteria, procedures, deadlines, and list of required materials and forms are standard text. 12th under the provincial departments in charge of Commerce considers the application materials are incomplete or do not meet the requirements, should be 5 working days from the date of receiving the application, 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.
    13th provincial Commerce authorities in the applicant complete materials, compliance forms, when required in accordance with all corrected application materials submitted by the applicant, shall accept the application. Provincial departments in charge of Commerce accepts the application for license, it shall issue a dated and stamped with the Special seal of the Executive in written form.
    Not accepting an application for permission, 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 administrative litigation.
    Chapter III oil business licensing review process with deadline 14th Provincial Commerce authorities in receiving applicants reported crude oil sales, warehouse management qualifications application, shall, within 20 working days to complete the review and application materials for the preliminary reviews and reported to the Ministry of Commerce. 15th Ministry of Commerce received crude oil reported by provincial Commerce authorities qualification date of application materials, 20 working days to complete the examination. To comply with the conditions specified in article sixth, crude oil sales should be given permission, and the crude oil sales management certificate of approval issued; meets the conditions specified in article seventh, crude oil storage should be given licenses and issuing the certificate of approval of the oil storage business.
    Does not meet the criteria, the decision and the reasons therefor in writing notify the applicant of the disapproval, and inform the applicant of the right to apply for administrative reconsideration or administrative litigation.
    Enterprise with the crude sales operating approval certificates issued by the Ministry of Commerce, the crude oil storage management certificate of approval to the Administration for industry and commerce, tax registration procedures.
    16th business new construction, relocation, expansion of crude oil storage facility, shall apply for land and natural resources, planning and construction, safety, fire, environmental protection, meteorological and quality inspection and acceptance procedures, inspect records.
    17th article foreign investment enterprise established, and change business range or foreign merger territory enterprise involved crude oil business business of, should to provincial government business competent sector proposed application, provincial government business competent sector should since received all application file of day up 1 months within completed review, and will preliminary review views and the application material reported Commerce, commerce in received all application file of day up 3 months within made whether approved of decided.
    Chapter fourth crude oil business approval certificates issued and changed the 18th article of the crude oil sales management certificate of approval, the crude oil storage business centrally by the Ministry of Commerce is responsible for the printing and issuing of the certificate of approval. 19th enterprise change request to the crude oil sales management certificate of approval, certificate of the approval of the oil storage business matters, shall make application to the provincial departments in charge of Commerce.
    Provincial departments in charge of Commerce shall at first instance, Commerce and to set out its preliminary comments and application materials.
    Operating conditions have continued to engage in crude oil, and the crude oil sales by the Ministry of Commerce to exchange their change management certificate of approval, the crude oil storage management certificate of approval.
    20th article crude oil business enterprise requirements change crude oil sales business approved certificate, and crude oil warehouse business approved certificate matters of, should submitted following file: (a) Enterprise name change of, should provides business administration sector issued of Enterprise name advance approved notice; (ii) statutory representative people change of, should attached served proved and new of statutory representative people identity proved; (three) not involved transportation facilities migration of business address change, should provides business places legal right proved;
    (D) the investment code of the business changes, the original business unit should go through the appropriate cancellation procedures of operational qualifications, new operating unit shall make a new bid for the corresponding qualifications.
    Supervision and administration of the fifth chapter 21st commercial departments at all levels should strengthen supervision and inspection of oil market their respective jurisdictions, to investigate and punish violations of the oil business.
    22nd Provincial Commerce authorities should be in accordance with this approach, organizations each year to inspect an oil operation of enterprises, and the results reported to the Ministry of Commerce.
    Fail to pass the annual inspection in the oil business, the Ministry of Commerce shall order the rectification; has not qualified the rectification, revoke its oil license.
    23rd annual oil sales the main contents of inspection are: (a) the annual crude oil operations on the enterprise; (b) crude oil supply and sales agreements were signed and its implementation; (c) crude oil sales companies and supporting facilities is consistent with this approach and related technical specifications; (iv) fire, safety, environmental protection and other aspects.
    24th crude storage Enterprise annual inspection of the main elements are: (a) the annual crude oil storage on the enterprise operation, (ii) crude oil storage companies and their facilities in line with this approach and related technical specifications, (iii) fire, safety, environmental protection and other aspects. 25th oil enterprise is suspended or terminates its operation, shall be qualified as to the Ministry of Commerce to handle crude oil business suspension or cancellation procedures. Crude oil business the rest of the enterprise sector should not exceed 18 months.
    Without the stop formalities or pause for more than 18 months, by the Ministry of Commerce to revoke its business license of crude oil, log off the crude oil sales management certificate of approval, the crude oil storage management certificate of approval, and notify the proper authorities.
    26th commercial administrative departments at all levels to implement oil business licensing and market supervision and management, and shall not charge a fee.
    27th Ministry of commerce must be crude oil business license list and change, cancellation of public. 28th article of the crude oil sales management certificate of approval, the crude oil storage management certificate of approval may not forge, alter, buy, sell, rent, lend or in any other way transfer.
    Change or cancellation of the crude oil sales management certificate of approval, the crude oil storage management certificate of approval shall be returned to the Ministry of Commerce, and no other entity or individual may without packing.
    29th article crude oil business enterprise should law business, ban following behavior: (a) no card no as, and card as inconsistent or Super range business; (ii) doping adulterated, and to pretend really, and shoddy; (three) sales, and warehouse illegal channel get of crude oil; (four) to without national approved of refinery enterprise, and sales enterprise sales crude oil or for its provides warehouse service; (five) violation price legal regulations, bid up oil or low price dumping; (six) national legal regulations ban of other business behavior.
    30th article has following situation one of of, commerce should revoked crude oil business license: (a) on not has qualification or not meet statutory conditions of applicants made granted license decided of; (ii) beyond statutory terms made granted license decided of; (three) violation statutory program made granted license decided of; (four) crude oil sales enterprise no longer has this approach sixth article provides conditions of; (five) crude oil warehouse enterprise no longer has this approach seventh article provides conditions of; (six) not participate in or not through annual check of;
    (G) the licensee by fraud, bribery or other improper means to obtain operating licenses, and (VIII) conceal the situation, providing false information or refuse to provide authentic materials reflect its operational activities, and (IX) other circumstances annul of an administrative license according to law.
    Sixth chapter legal responsibility 31st article business competent sector and staff violation this approach provides, has following case one of of, by its superior administrative organ or monitored 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 32nd Commerce authorities in the process of implementation of crude oil business license, unauthorized charges, by its superior administrative body or supervisory organ shall order the return of illicit fees charged, and the charge and directly responsible shall be given administrative sanctions.
    33rd article crude oil business enterprise has following behavior one of of, legal, and regulations has specific provides of, from its provides; legal, and regulations not do provides of, by Commerce depending on plot law give warning, and ordered deadline corrected, and at illegal proceeds 3 times times following or 30000 Yuan following fine punishment: (a) altered, and reselling, and rental, and lending or to other form illegal transfer crude oil business approved certificate of; (ii) violation this approach provides of conditions and program, unauthorized new, and relocation and expansion crude oil depot of;
    (Three) take doping adulterated, and to pretend really, and shoddy, means sales crude oil of; (four) sales or warehouse illegal channel get crude oil of; (five) to without national approved of refinery enterprise, and sales enterprise sales crude oil or for its provides warehouse service of; (six) violation national price legal, and regulations sales crude oil of; (seven) legal, and regulations provides of other violations.
    34th Enterprise eligibility criteria for crude oil business has one of the following acts, the Ministry of Commerce shall make a decision of inadmissibility or disapproval and giving warning applicants allowed to re-apply oil license in one year.
    (A) concealing the facts, (ii) provide false information; (c) violation of relevant policies and procedures, if the circumstances are serious.
    Seventh chapter supplementary articles article 35th in the People's Republic of China engaged in Sino-foreign cooperative exploitation of onshore or offshore oil resources of foreign contractors, shall be guided by the People's Republic of China regulations on exploitation of onshore oil resources in cooperation with foreign and the People's Republic of China foreign cooperation in the exploitation of offshore petroleum resources in relevant provisions of the Ordinance.
    This approach was published, the original approved by the law, in line with the national policy of crude oil production businesses these regulations apply to the sale of crude oil to operate the certificate of approval.
                                                                    Article 36th explain these measures by the Ministry of Commerce.

Related Laws