The Decree 118/2010/nd-Cp: Revisions, Additional Administrative Procedures In The Field Of Oil And Gas Business And Liquid Petroleum Gas

Original Language Title: Nghị định 118/2011/NĐ-CP: Sửa đổi, bổ sung thủ tục hành chính trong lĩnh vực kinh doanh xăng dầu và khí dầu mỏ hóa lỏng

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SDửa DECREE supplementing the administrative procedures in the field of oil and gas business and liquid petroleum gas _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Considering the recommendation of the Minister of industry and trade DECREE, article 1. Modifying, supplementing a number of articles of Decree No. 84/2009/ND-CP on October 15, 2009 by the Government about the oil and gas business 1. Replace the phrase "valid copy" stipulated in Decree No. 84/2009/ND-CP by the phrase "copy".
2. additional account 12 to article 3 as follows: "12. The copy is: a) copies are certified (for the case of filing by post, the Administrative Office);
b) attached to the original copy collation (for the case of direct filing);
c) A scan from the original (if administrative procedures are applicable filing electronic network). "
3. Paragraph 6 article 8 be amended and supplemented as follows: "6. the export licence, import gasoline is revoked in the following cases: expiration effect; traders do not continue to operate the export/import of petroleum; the trader bankrupt according to law; breach of the conditions of the export or import in accordance with article 7 of this Decree and other cases prescribed by law. "
4. Point b paragraph 3 article 16 be amended and supplemented as follows: "b) within twenty (20) working days from the date of receiving the prescribed records, Department of industry and commerce is responsible for the review, evaluation and certification of qualified petroleum trading under model number 4 accompanied this Decree for traders. Case denied certification, industrial and commercial Departments have to answer in writing and clearly state the reason. "
5. Supplement Article 23a on after the Article 23 as follows: "Article 23a. The procedure of delivery of minimum limit fertilizer import gasoline 1. Every year, on the basis of the situation of importing petrol in the year and the development plan for the next year, traders, import export business of petroleum import limit registration minimum with petrol Industry. 2. Registration documents include: a) The text of recommendation which stated the quantity, category of oil and gasoline are minimal import quota allocation;
b) reported the situation of petroleum import unit in years.
3. Of record to file a (01). "the article 2. Modifying, supplementing a number of articles of Decree No. 107/2009/ND-CP on November 26, 2009 by the Government on petroleum gas business 1. Replace the phrase "a copy authenticated by the competent authority" provisions of Decree No. 107/2009/ND-CP by the phrase "copy".
2. additional paragraph 18 on article 3 as follows: "18. The copy is: a) copies are certified (for the case of filing by post, the Administrative Office);
b) attached to the original copy collation (for the case of direct filing);
c) A scan from the original (if administrative procedures are applicable filing electronic network). "
3. Amendments, supplements article 17 as follows: "article 17. Certificate of eligibility to the LPG bottle 1. The Department of industry and commerce is responsible for the certification of eligibility for each LPG stations in bottles as defined in this article.
2. the recommended records issued a certificate of eligibility to the LPG bottle is a (01), including: a) the certification application eligible LPG into the bottle according to the model in annex III attached to this Decree.
b):-copy of business registration certificate, which has registered LPG in cylinders, tank;
-The vote results, the test equipment have strict labor safety of loading station;
-Slip the auditing results each device, measurement control devices in the docking station: mass, weight, volume and pressure measuring devices, other instruments;
-The certificate of eligible firefighting and fire protection;
-LPG process, the operation of process equipment, machines in the station, process troubleshooting and safety regulations;
-Building permit.
c) the (minimum paper size A2) includes information on: the location of tanks, loading station, position or type of LPG in the tank car, warehouse, factory, trucks running lanes, fire alarms and fire, piped LPG, electrical system, control the stop level. The drawing surface to specify the volume of the tank; the location, size and minimum safe distance prescribed in annex IX attached to this Decree.
3. within three (3) working days from the date of receipt, the industrial and commercial Departments have a responsibility to inform traders about the adequacy and legal records.
Within ten (10) working days from the date of receiving the application the provisions of this Article, the Department of industry and commerce is responsible for the review, evaluation and certification of qualified LPG into the bottle according to the form prescribed in annex IV attached to this Decree; the case does not grant the right to reply in writing and stating the reason.
4. Traders are issued a certificate of eligibility to the LPG cylinders must file charges and fees as prescribed by the Ministry of finance. "
4. Amend paragraph 2 article 30 as follows: "2. Within a period of three (3) working days from the date of receipt, the industrial and commercial Departments have a responsibility to inform traders about the adequacy and legal records.
Within seven (7) working days from the date of receiving documents; The Department of industry and trade review, evaluation and certification of LPG business eligible for each store sells LPG bottle according to the form prescribed in annex II attached to this Decree, are valid term of five (5) years from the date of issue; upon expiry of the validity of traders to do the prescribed procedure to be certified next time. "
5. Remove the filing requirements "eligibility certificate of security, by order of the police authorities" as follows: remove the filing requirements "eligibility certificate of security, by order of the police authorities" as defined in paragraph 6 article 16; clause 5 article 17; item 2 Article 26; paragraph 3 to article 29; Article 30 paragraph 1 c; paragraph 4 to article 33; d clause 1 Article 34; paragraph 3 Article 37; d paragraph 1 to article 38; point b paragraph 6 Article 56 of Decree 107/2009/ND-CP. 6. Leave required to submit "level certificates for each officer, staff working at the LPG stations in cars have to be trained, coached" and "certificate issued to each staff member working at the LPG supply stations have been trained, professional training" as follows: remove the filing requirements "certificate issued to each staff , staff working at the LPG stations in cars has been trained, trained according to the regulations in paragraph 3 article 6 of this Decree "specified in point d clause 1 Article 34 of Decree 107/2009/ND-CP and" certificate issued to each staff member working at the LPG supply stations have been trained training, prescribed in paragraph 3 article 6 of this Decree "specified in point d clause 1 Article 38 of Decree 107/2009/ND-CP. Item 2 Article 34 be amended and supplemented as follows: "2. within seven (7) working days from the date of receiving the prescribed records, Department of industry and trade review, evaluation and certification of LPG to cars eligible for each loading station according to the form prescribed in annex VIII, attached to this Decree; the case does not grant the right to reply in writing and stating the reason for traders to further improve the profile according to the regulations to be issued a certificate of eligibility to the LPG cars. "
8. Change of name procedure-level "certificate of qualified petroleum gas business" as follows: Replace the term "qualified certificate" LPG business in article 29 and in art. 1 and item 2 article 30, the term "certificate of eligibility" bottle LPG business in paragraph 1 and paragraph 3 article 30 and at point a paragraph 3 to article 58 , the term "certificate of eligible business shops selling LPG bottle" in article 30 and the names in point b of paragraph 1 to article 56, point h paragraph 1 to article 58, the term "qualified certificate" in paragraph 3 Article 59, the term "qualified certificate stores that sell gas petroleum" in annex I , the term "certificate of qualified petroleum gas business" in annex I and annex II, the term "qualified certificate store petroleum gas business" in annex II of Decree No. 107/2009/ND-CP by the phrase "certificates of qualified petroleum gas business for shops selling LPG bottle."
9. Repeal filed requests: "statement of technical facilities, accompanied by the documents" as follows: abolition of the requirement: "A technical facility listed, accompanied by the documents" in the last part of the annexes I, III, V, VII, Decree No. 107/2009/ND-CP of article 3. Effective enforcement of this Decree in effect enforced since January 2, 2012.
Article 4. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and organizations, individuals responsible for the implementation of this Decree.