Oil Market Management Approach

Original Language Title: 成品油市场管理办法

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(On December 4, 2006 Commerce makes 2006 23rd, announced since on January 1, 2007 up purposes) first chapter General first article for strengthening oil market supervision management, specification oil business behavior, maintenance oil market order, protection oil operators 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 People's Republic of China territory of refined oil wholesale, retail, warehouse operations, shall comply with the relevant laws and regulations and these rules.
    Third State of oil market through a licensing system.
    The laws and regulations of the Ministry of Commerce is responsible for the drafting of the refined oil market management, develop and organize the implementation of the internal regulations, shall conduct supervision on China's oil product market management.
    People's Governments of provinces, autonomous regions, municipalities, separately listed cities Commerce authorities (hereinafter referred to as the provincial Commerce authorities) responsible for area gas station and storage industry development planning, coordinate oil supervision and management of the business activities within their respective jurisdictions.
    Article fourth product mentioned in these measures refers to gasoline, kerosene, diesel and other products that meet the national quality standard, have the same use of alternative fuels such as ethanol and bio-diesel.
    Chapter II product license application and accepting the fifth section engaged in the wholesale of refined oil products, storage management of the enterprise, an application shall be submitted 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 oil product wholesale, warehousing business license. Sixth application for enterprises engaged in retail business qualifications, it should be to the local municipal (city divided into districts, the same below) shall apply to the departments in charge of Commerce. Municipal people's Government departments in charge of Commerce reviewed the preliminary review and application materials are submitted to the provincial people's Government departments in charge of Commerce.
    By the provincial-leveled Commerce authorities decide whether to grant a retail license. Seventh article application oil wholesale business qualification of enterprise, should has following conditions: (a) has long-term, and stable of oil supply channel: 1. has meet national industry policy, and crude oil once processing capacity 1 million tons above, and meet national products quality standard of gasoline and diesel years production volume in 500,000 tons above of refinery enterprise, or 2. has oil imports business qualification of imports enterprise, or 3. And has oil wholesale business qualification and oil years business volume in 200,000 tons above of enterprise signed 1 years above of with business scale phase adapted of oil for oil agreement, or 4. and oil years imports volume in 100,000 tons above of imports Enterprise signed 1 years above of with business scale phase adapted of oil for oil agreement; (ii) application subject should has China enterprise corporate qualification, and registered capital not below 30 million Yuan Yuan; (three) application subject is China corporate branch institutions of,
    Its corporate should has oil wholesale business qualification; (four) has capacity not below 10000 cubic metres of oil depot, Depot construction meet 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; (five) has received unloading oil of conveying pipeline or railway lines or highway transport vehicles or 10,000 tons above of oil water Terminal, facilities. Eighth article application oil retail business qualification of enterprise, should has following conditions: (a) meet local gas station industry development planning and related technology specification requirements; (ii) has long-term, and stable of oil supply channel, and has oil wholesale business qualification of enterprise signed 3 years above of with business scale phase adapted of oil for oil agreement; (three) gas station of design, and construction meet corresponding of national standards, and through land resources, and planning construction, and security regulatory, and police fire, and environmental protection, and meteorological, and
    Quality, sector of acceptance; (four) has oil test, and measurement, and transportation, and fire, and safety, professional technicians; (five) engaged in ship with oil supply business of water Shang gas station (ship) and Bank base gas station (points), except meet above provides outside, also should meet port, and water Shang traffic security and prevent waters pollution, about provides; (six) oriented rural, and only sales diesel of refueling points, provincial government business competent sector can according to this approach provides specific of established conditions.
    Nineth article application oil warehouse business qualification of enterprise, should has following conditions: (a) has capacity not below 10000 cubic metres of oil depot, Depot construction meet 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; (ii) application subject should has China enterprise corporate qualification, and registered capital not below 10 million Yuan Yuan;
    (C) has a unloading oil product pipelines or railway lines or road transport vehicles, or more than 10,000 tons of refined oil shipping terminal and other facilities; (d) the applicant is the corporate branch offices in China, the legal person should have the oil storage business qualification.
    The tenth foreign-invested enterprise of refined oil products, should comply with these measures and national policies, foreign investment laws, regulations and regulatory requirements.
    The same foreign investors engaged in retail business in China more than 30 gas stations and above (including into the gas station, holding and leasing), sales of different types and brands of products from multiple vendors, do not allow foreign holdings.
    11th article application oil business qualification of enterprise, should submitted following file: (a) application file; (ii) Depot, and gas station (points) 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 gas station (points) and the other facilities of approved certificate and the acceptance qualified file; (three) business sector issued of enterprise corporate license or Enterprise name advance approved notice;
    (D) the dangerous chemicals safety regulators issue license; (v) enterprises with foreign investment shall be submitted to the People's Republic of China foreign-invested Enterprise approval certificate, (vi) other files required by audit authorities.
    12th eligibility criteria for refined oil wholesale enterprises, in addition to the provisions of article 11th documents, should also be provided with long-term, stable supply of refined oil products legal documents and related materials.
    Section 13th for enterprises engaged in retail business qualifications, apart from the documents submitted to the 11th provided these measures, should also be submitted with the long-term, stable supply of refined oil products legal documents and related materials, as well as gas stations issued by the provincial departments in charge of Commerce (point) plan confirmation document.
    Made through bidding, auction and listing stations (dot) land, provincial Commerce authorities should also be provided his consent for an applicant bids or pre approval of bid documents and departments of land and resources issued by the State-owned land-use rights auction (bidding and listing) of the confirmation letter.
    Water gas station (ship) will provide the water regulator refueling ships, signed audit opinion on the operating conditions.
    Section 14th for oil storage qualifications of enterprises, in addition to the provisions of article 11th files, should also be submitted to the provincial people's Government, Business Depot plan confirmation document issued by the competent authorities.
    Made through bidding, auction and listing of Depot land, issued by the provincial Commerce authorities should also be provided his consent for an applicant bids or pre approval of bid documents and departments of land and resources issued by the State-owned land-use rights auction (bidding and listing) of the confirmation letter.
    15th business departments in Office announcement of refined oil business license application conditions, procedures, deadlines, and list of required materials and forms are standard text. 16th under the Commerce Department 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.
    17th Commerce authorities in the applicant's application materials are complete and comply with the statutory format, or when the applicant requested correction all application materials submitted, shall accept the product license application.
    Departments in charge of Commerce 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. 18th accepting applications for business departments shall carefully review the material submitted by the applicant, and put forward opinions.
    Need superior Department in charge of Commerce, will report its preliminary review and application materials superior competent commercial departments.
    Chapter III product licensing review process with the term 19th provincial Commerce authorities receive refined oil wholesale, warehousing business qualification application, shall, within 20 working days to complete the review and application materials for the preliminary reviews and reported to the Ministry of Commerce. The Commerce Department since the date of receiving the material reported by provincial Commerce authorities, 20 working days to complete the examination.
    To comply with the conditions specified in article seventh and 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; meets the conditions specified in article Nineth, refined oil storage should be given license 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.
    20th municipal people's Government departments in charge of commerce retail business qualification application, shall, within 20 working days to complete the review and application materials for the preliminary reviews and reported to the provincial departments in charge of Commerce. Provincial Commerce authorities receiving municipal people's Government departments in charge of Commerce reported the material date, 20 working days to complete the examination.
    To comply with the conditions specified in article eighth, 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.
    21st refined oil wholesale, warehousing business for new construction, relocation, expansion of oil depots and other storage facilities shall comply with the layout planning of urban and rural planning, fuel depots, in obtaining provincial Business Depot plan confirmation document issued by the competent authorities, and handle the relevant department procedures, inspect records.
    Retail enterprise relocation, expansion of the gas station (dot) and other facilities, subject to the development planning of urban and rural planning, gas station industry, with the gas stations issued by the provincial departments in charge of Commerce (point) plan confirmation and acceptance procedures and relevant departments, provincial departments in charge of Commerce.
    22nd article take State-owned land right tender, and auction, and tone, way determine business units of new gas station project, tender party, and auction client, units should made location provincial government business competent sector on tender, and auction standard of real of planning confirmed file, party can organization tender, and auction activities; bid applicants and bid people should by provincial government business competent sector agreed and made pre approved file Hou, party can participate in bid, and bid.
    23rd article foreign investment enterprise established, and increased business range or foreign merger territory enterprise involved 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.
    Establishment of foreign invested enterprises approved by the Ministry of Commerce and the business after the acquisition or increase, according to the relevant provisions of the measures eligible for refined oil business.
    24th the provincial Commerce authorities should approval of retail business, to Commerce filed within 10 working days, and retail ventures into oil market management information system in enterprise databases.
    25th on the applicants ' product license applications, applications for the commercial Administrative Department deems it necessary to hold a hearing, shall be announced to the public and hold a hearing.
    Article 26th branch of refined oil business enterprises engaged in oil products should be in accordance with this regulation, otherwise apply. Fourth chapter of refined oil business approval certificates issued and 27th refined oil business approval certificates printed centrally by the Ministry of Commerce.
    Certificate of approval for the wholesale business of refined oil products, the oil storage management certificate of approval by the Ministry of Commerce issued retail management certificate of approval issued by the provincial departments in charge of Commerce. 28th refined oil wholesale, warehousing and business changes in the wholesale business of refined oil products certificate of approval or the certificate of approval of the oil storage business matters, make application to the provincial departments in charge of Commerce. After passing the first instance, the commercial Administrative Department of the people's Government at the provincial level and submitted to the Ministry of Commerce approval.
    To continue oil product wholesale or warehouse management conditions, the wholesale business of refined oil products by the Ministry of Commerce to exchange their change approval certificate or the certificate of approval of the oil storage business. Retail business requires alteration of the oil products retail management certificate of approval, apply to the municipal people's Government departments in charge of Commerce, by the municipal people's Government departments in charge of Commerce after passing the preliminary examination, the provincial people's Government departments in charge of Commerce.
    Have continued to engage in retail business conditions, by the provincial-leveled Commerce departments issue changes the oil products retail management certificate of approval. 29th article oil business enterprise requirements change oil business approved certificate about matters of, should to application sector submitted following file: business units investment subject not occurred changes of, is Enterprise name change of, should provides business administration sector issued of Enterprise name advance approved notice or flag management sector of ship name change proved; is statutory representative people change of, should attached served proved and new of statutory representative people identity proved; not involved Depot and gas station migration of business address change,
    Provides business premises lawful right to prove it.
    Investment code of the business changes, the original operating unit shall apply for cancellation of the corresponding qualification, qualification of new business units should again bid for the oil business.
    Supervision and administration of the fifth chapter 30th commercial departments at all levels should strengthen supervision and inspection of the area's oil product market, time to investigate and deal with violations of the oil venture.
    31st provincial Commerce authorities should be based on this approach, annually organize relevant departments to refined oil business enterprises engaged in refined oil business qualified annual inspection and checks the results reported to the Ministry of Commerce.
    Fail to pass the annual inspection in the oil business, the Ministry of Commerce and the provincial departments in charge of Commerce shall order the rectification; has not qualified business improvement, by the issuing authority to revoke its product license.
    32nd Annual refined oil business enterprises the main contents of inspection are: (a) the fuel oil supply agreement and its implementation, (ii) Enterprise oil operation for the last year; (c) refined oil business enterprise and whether the facility is consistent with this approach and related technical specifications; (d) the quality, measurement, fire-fighting, safety, environmental protection and other aspects. Article 33rd oil enterprise is suspended or terminates its operation, shall be qualified as to the certification authorities for operating the suspension or cancellation. Refined oil wholesale and warehousing enterprises stop should not exceed 18 months, retail business outage should not exceed 6 months.
    Fails the rest formalities or pause for more than prescribed, by the issuing authority to withdraw its product license, certificate of approval for write-off refined oil business, and notify the proper authorities.
    On city planning, road widening and other reasons required the relocation of retail enterprises, after local provincial Commerce authorities agreed it would be appropriate to extend the closing time.
    Article 34th commercial departments at all levels to implement product licensing and market supervision and management, and shall not charge a fee.
    35th Ministry of Commerce and the provincial Commerce authorities should be qualified as a refined oil business companies and modification, revocation of publicity.
    Article 36th refined oil business approval certificates shall forge, alter, may not be sold, rented, lent or in any other form.
    Change or cancellation of refined oil business of the certificate of approval shall be returned to the issuing authority, and no other entity or individual may without packing.
    37th special user's special oil of refined oil products, amount, terms and scope of supply according to state regulations, may not be sold outside of the system.
    38th article oil business enterprise should law business, ban following behavior: (a) no card no as, and card as inconsistent or Super range business; (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 or 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;
    (F) engaged in smuggling or illegally refining oil products; (VII) laws and regulations in violation of State price, bidding up the price of oil or low-price dumping and (VIII) other conduct prohibited by national laws and regulations.
    39th retail enterprises should be purchased from a wholesale business of refined oil products of the enterprise products.
    Retail business shall not be eligible for does not have oil products wholesale business to sell oil products.
    Storage enterprise of refined oil products for other storage products, should verify the legal proof of legitimate sources of products and clients.
    Wholesale enterprise of refined oil products may not be sold to enterprises not with the product qualified products used for business purposes.
    40th article has following situation one of of, made oil business license decided of business competent sector or Shang a level business competent sector, according to interest relationship people of requests or according to terms, should revoked oil business license decided: (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) oil business enterprise no longer has this approach seventh article, and eighth article, and Nineth article corresponding provides conditions of;
    (D) was not involved in or does not pass inspection, and (v) by fraud, bribery or other improper means to obtain operating licenses, and (vi) conceals any relevant information, providing false information or refuse to provide authentic materials reflect its operational activities; (g) the annul of an administrative license according to law in other circumstances.
    Sixth chapter legal responsibility 41st 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.
    42nd Commerce authorities in the implementation of the refined oil business licensing process, 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. 43rd article oil business enterprise has following behavior one of of, legal, and regulations has specific provides of, from its provides; as legal, and regulations not do provides of, by location County above government business competent sector depending on plot law give warning, and ordered closed reorganization, 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 oil business approved certificate of; (ii) oil special user violation provides,
    Unauthorized will special with oil on system outside sales of; (three) violation this approach provides of conditions and program, without license unauthorized new, and relocation and expansion 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) unauthorized changes refueling machine or using other means deduction oil volume of;
    (G) the wholesale enterprise of refined oil products to enterprises not with the product qualified sales for business products; (VIII) does not have oil products wholesale retail enterprises eligible to purchase oil products; (IX) beyond the scope of business activity, and (j) breach of the relevant technical specifications; (11) other violations of laws, rules and regulations.
    44th enterprises applying for refined oil business has one of the following acts, departments in charge of Commerce shall make a decision of inadmissibility or disapproval, and give warning within one year, the applicant may not apply again for a product license for the same matter.
    (A) concealing the facts, (ii) provide false information; (c) violation of relevant policies and procedures, if the circumstances are serious.
    45th article has made provincial above business competent sector issued of oil business approved certificate but is not meet this approach seventh article, and eighth article, and Nineth article provides conditions of enterprise, oil wholesale and warehouse enterprise should Yu this approach announced implementation of day up 18 months within, and oil retail enterprise should Yu 6 months within for rectification; for expires is not meet conditions of oil business enterprise, by administrative license organ revoked oil business license, cancellation oil business approved certificate.
    Seventh chapter supplementary articles article 46th this way before the original approval of the law, in line with the national policy of refineries these measures shall apply for the certificate of approval of the wholesale business of refined oil products.
    47th article explaining these measures by the Ministry of Commerce.
                                                                                            48th article of the rules implemented on January 1, 2007, of the interim measures for the management of the market of refined oil products abolished at the same time.

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