Circular 11/tm-Kd: Regulation Of Business Conditions Of Petroleum

Original Language Title: Thông tư 11/TM-KD: Quy định điều kiện kinh doanh xăng dầu

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CIRCULAR of the MINISTRY of TRADE conditions rule petroleum trading pursuant to Decree 15/CP dated 2/3/1993 of the Government about the tasks, powers and responsibilities of the State management, ministerial bodies;
Pursuant to Decree 31/CP on 5/1/1995 of the Government on goods, services and trade business prohibited goods and commercial services business conditions in the domestic market;
The Ministry of Commerce attributed the business conditions of the gasoline types are as follows: i. GENERAL RULES: 1. the adjustment range: 1.1. The type of petrol was adjusted according to this circular contains: Gasoline types (including gasoline as a solvent) Diesel-Ma zút ZA1 and TC1 kerosene (hereinafter referred to as petrol).
1.2-The petroleum business forms outlined in this circular includes wholesale, retail, the service reception, preserved, containing petrol (hereinafter referred to as the petroleum business).
Oil and gas transportation business follow separate regulations are not in the scope of this circular.
2-every organization, regardless of their individual economic sectors, petroleum business must comply with the conditions specified in this circular.
3-business resellers gasoline in addition to compliance with the conditions specified in this circular have to comply with regulations goods sales agent attached to the Decree 25-CP on 25/4/1996 of the Government and the guidance of the Ministry of Commerce.
4-the sale of the oil fire lit in the mountain areas, Islands and the countryside, selling gasoline and diesel oil in the region, deep in the countryside by the Department of Commerce regulations based on the scale of the business, the specific characteristics of each region on the basis of the reference fire rules , about measuring instruments specified in this circular.
II. BUSINESS CONDITIONS of PETROLEUM organizations and individuals want to petroleum business must have enough 4 the following conditions: 1-conditions of business subject: Must be a legally established business, State bodies decisions establishing the accepted business for business investment.
2-conditions of location of business: oil depot construction locations, oil ports, the import by sea, rail, cars and cisterns Poker (hereinafter referred to as the repository of oil and gasoline delivery basis) the petroleum retailer to match the master plans are approved by the authority.
The local case has not established, planning must be PPC, city in Central or the Agency are PPC, the city authorized approved for construction.
3-conditions of technical infrastructure: 3.1-About design standards.
a) for retail stores: The gasoline retail stores built after the time of issuance of this circular are due to an organization with legal personality guarantee design conditions of environmental hygiene; fire safety, fire protection for buildings and shop around.
The petrol has been designed, built prior to the promulgation of this circular must be fire authorities, fire reviews back to the level of fire protection, fire safety of buildings and shop around.
b) for the oil depot, the delivery of gasoline establishments must comply with the design standards TCVN 5307-91 accompanied by environmental impact report was approved by the competent authority.
3.2. On Fire: a) for petrol retail outlets: Must have sufficient means and the use of the service (the average CO2, foam, sand, shovels, fire blankets etc.) according to the provisions of the fire protection agency. The instruments and means that are always in a State of good works.
b) for oil depots, the base gasoline: delivery Is fitted means tools, fire TCVN-5684-1992 (annex 1), in line with the scope, the nature of the work and the fire fire fire management agencies, fire and always in good operating status.
3.3. On the means of measuring: measuring media used in the sale of gasoline to use legal unit of measurement and measuring management bodies are the central level (for the oil depot, the delivery of petroleum base), provincial (for petroleum retail outlets) or authorized testing unit and allows the use of.
4-conditions of qualification: a) for petroleum retail outlets.
The store manager or person in charge of managing and operating the stores that sell gasoline to qualified knowledge of petroleum engineering, business management, fire prevention and safety, protection of the environment by the school, the class was recognized training and certification.
Workers working in the petrol must be learning about fire prevention, poison and must use proficient fire fighting vehicles are equipped at the store, the Fire Department, fire department, the city organized training.
b) for oil depots and petroleum Logistics Base: Director, head of the oil and the petrol delivery base minimum required level of gasoline or the equivalent and have had time to work in the warehouses of oil and gasoline delivery basis for at least two years.
Workers who operate the production equipment must be graduated, training on the techniques of petroleum.
 
III. ORDER PROCEDURE For CERTIFICATION Of QUALIFIED BUSINESS

1. personal organization want petroleum trading must apply to the Department of Commerce where business establishments to obtain certification of eligible business.
2. Application for certificate of eligibility: 1 business) application for certificate of eligibility of business (in annex 2).
2) copy of business license. The business case is not yet functional petroleum trading, sending the enclosed License and the text of the license the enterprise establishment approved for business investment business of petroleum.
3) certified fire prevention safety and sanitation accompanied by demonstration of structures (see the form in annex 4) shall be as follows: a) the oil and gasoline delivery basis: certification assure the fire prevention and fire fighting agency level.
Certified to ensure environmental hygiene and environmental control agency.
Presentation about the globe works by established design agency.
b) gasoline retail stores: certificate of guarantee fire safety by the fire authority.
Presentation of structures due to the established design agency (for the shop was constructed after the date of this circular effect) due to the owner (for the catalog build before this circular effect).
4) A listed the measuring tools used in delivery in the business point has confirmed the Agency's inspection of the measuring management authority. (Annex 5).
5) A copy, certified by the qualified person in charge and report on the level of the workers directly employed in the delivery, storage, pumping and filling in the sales points. (The report list in Appendix 6)
The aforementioned business conditions are defined for each business location. Businesses have many points of business must establish adequate records of business conditions in the point 3; 4; 5 section 2 part III for each sales point.
3-after getting the records, the Commerce Department to conduct the assessment, if the valid record, meet the conditions, within 20 days the Commerce Department to give businesses qualified certificate business.
Qualified certificates for corporate level business but have to specify each point to specific business (according to the model in annex 3).
No case to answer, in writing and stating the reason.
4-organizations and individuals apply for certification of eligible business must submit a fee. Premiums are collected and used according to the specified mode.
5-when the certificate of eligible business, new businesses are issuance business registration business registration supplement or as required by law.
 
IV. EXAMINE and HANDLE BREACH: 1-all point petroleum trading in business must have a copy of the certificate of eligible certified business.
2-organizations and individuals allowing petroleum trading which the business or the business of gasoline are allowed but in casual business process ensuring the conditions specified in this circular are handled according to the current law.
 
V. IMPLEMENTATION 1. For organizations, individuals have allowed petroleum trading and actually registered petroleum trading according to the previous rules are now as follows: a) individual business but not yet established businesses to established businesses.
b) enterprises has not yet secured the business conditions as defined in this circular are fully complementary to be sufficient certification the business conditions.
c) enterprises were granted the certificate of eligible business under the previous provisions if the business were qualified according to the regulations of this circular do just send a single Department of trade (according to the model in annex 1) approved the new certificate.
The requirements stated in points a, b, c category 1 above must be completed before 30 September 1996.
2. Enterprises before petroleum trading must have the certificate of eligible new business are issued a certificate of registration to be petroleum business.
3. The enterprise has been certified eligible business, while building more new business point to set the application for certificate of eligibility of business for each new business point before conducting business.
4. Enterprises in need of training and retraining of business managers and technical workers of petroleum, options and set up a mailing list for one of the following Fields: technical materials (Hai hung), the central commercial high school 1 (Hatay), secondary Trade complaint Central 2 (Da Nang) High School of Commerce, TW4 (northern Thai), TW5 commercial high school () and the school for TW (Ho Chi Minh). The schools on this in cooperation with the Department of trade where there are training needs to organize the enrollment under the regulations of the State and organized the training according to the content of the program regulations of the Ministry of Commerce and the Ministry of education and training.
This circular replaces circular 09 TN-TT on November 1, 1990 of the commercial (commercial) and the effective from date of signing.
Service domestic markets policy, market management Department directs the Department of Commerce in coordination with the relevant authorities to guide implementation and examine the observance of the provisions of this circular.
 
APPENDIX 2 of the Socialist Republic of Vietnam independence-freedom-happiness-------------------------

.... on ...., .... years 19th ...
APPLICATION for CERTIFICATE of ELIGIBILITY to PETROLEUM BUSINESS dear Mr Director of Commerce Department............
After studying circular ... TM/KD on ... in June 1996 by the Ministry of Commerce Guide to perform the Decree 31/CP of the Government in the petroleum business. Contrast with the conditions specified in this menu, we do ask for the certification of qualified petroleum trading: 1. Name: 2. Address: phone: Fax: + + 3. Enterprise Management Agency: 4. Was established according to the decision (or BUSINESS LICENSE) of.............., day .... in. ... ... ... ... ... ... ... ... ... ... ... .... (1) 5. Business registration number date............. do cơ quan.............................................cấp(2)
6. Xin được phép kinh doanh..................................
.............................................................
(specify type of business: inventory delivery basis, gasoline, or petroleum retailer).
7. name the subdivisions of enterprises in the province, City: (in the case of many business units) +.................................
When was the certification of qualified petroleum trading, business will do the full procedure to register the business (or BUSINESS REGISTRATION supplement), accepted the regulations of the State.
Submit a profile: business owners-(signature, stamp) – – – explains how to record: (1) and (2) with regard to the case of business APPENDIX 3 PPC, city ... The Socialist Republic of Vietnam Department of trade independence-freedom-happiness No.......----------------------------------.........., day .... in 19 ...
CERTIFICATE of ELIGIBLE BUSINESS commercial Manager PETROL...............
Certification: (1)....................................................................................................... Eligible and permitted business....................... (2) include the following: (3)--Commercial Director (signature, stamp) explains how to record: (1) specify the full name and address of the business (2) specify type: inventory, facilities and delivery of gasoline or petrol stores (3) records each basis in business has qualified.
APPENDIX 4 PRESENTATION of STRUCTURES 1. The name works 2. Construction location of the street (town, City) commune, the district under licence No.................., dated ..., ... in ...
3. Area. ...
4. The number of hot and capacity (for example 2x10 m3 i.e. 2 Hot 10 m3;
4 x 1000 m 3 + 2 x 5000m3 IE 4 hot every Hot 100 m3 and 2 hot each 5000 m3 tank) 5. How to set hot: Latest submarine or subterranean half floating, half floating ...
6. type of fuel remain contained and business (Note: gasoline, kerosene, diesel, ma zút ...)
7. The technological equipment (for the record store column number for warehouse, oil pump: pump stations, ...)
8. architectural materials: specify the frame, walls (brick, concrete, ...)
9. The distance from the outer edge of works (store) to the most recent works.
10. fire extinguishing equipment put in the works (specify each type and number) 11. Measures for the handling of the oil leak, and wastewater (sewage disposal clear...)
Day ... month ... year ...
Reporting agency or person (design agency, or investor) APPENDIX 5........
A STATISTICS in MEASURING BUSINESS ESTABLISHMENTS PETROLEUM STT Name measuring tools and standard production would Supply the exact number of notes I instruments for measuring coolant (litres, m3, ...)



 



 



 



 



 



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.... ngày... tháng... năm 19...
Confirm the Agency's management by business owner (name, stamp) ANNEX 6 base Name............
The REPORT QUALIFIED WORKERS WORK at BUSINESS ESTABLISHMENTS PETROLEUM birth name TT level men and women Servants professional work culture which are the actual level of training (salary ranks) took over the training of FIRE FIGHTING........, day .... in 19 ...
Business owner (name, stamp)