Circular No. 10/2004/TT-BKHCN guiding technical conditions for the production and blending of gasoline and diesel fuel

CIRCULAR

Technical guidelines for the production and blending of gasoline and diesel fuel

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Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology; Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decision No. 187/2003/QĐ-TTg dated September 15, 2003 of the Prime Minister on the issuance of the Management Regulation for Gasoline and Diesel Fuel Trading;

The Ministry of Science and Technology hereby issues technical guidelines for the production and blending of gasoline and diesel fuel as follows:

I. General Provisions

Article 1. This Circular guides the technical conditions for the production and blending of gasoline and diesel fuel from imported raw materials; the content, procedures for evaluation, and issuance of documents confirming the technical conditions for the production and blending of gasoline and diesel fuel.

This Circular applies to enterprises producing and blending gasoline and diesel fuel with a capacity not exceeding 01 (one) million tons of products per year.

For enterprises producing and blending gasoline and diesel fuel with a capacity over 01 (one) million tons of products per year, the technical conditions will be examined on a case-by-case basis by the Ministry of Science and Technology.

This Circular does not apply to enterprises producing and blending gasoline and diesel fuel for aircraft.

Article 2. Enterprises producing and blending gasoline and diesel fuel are those enterprises that comply with the provisions of Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government regarding prohibited goods for circulation, prohibited commercial services, restricted goods and services, and goods and services subject to conditional business operations.

Article 3. Enterprises importing raw materials for the production and blending of gasoline and diesel fuel must comply with the requirements concerning the import conditions of raw materials for gasoline and diesel fuel and chemicals as stipulated in current legal documents.

Article 4. Enterprises producing and blending gasoline and diesel fuel must announce their product quality standards according to the Interim Provisions on the Announcement of Product Quality Standards issued together with Decision No. 2425/2000/QĐ-BKHCNMT dated December 12, 2000 of the Minister of Science, Technology, and Environment (now the Ministry of Science and Technology). The quality of finished gasoline and diesel fuel must not be lower than the levels specified in Vietnamese Standards or current technical regulations.

Chapter II. Technical Conditions for the Production and Blending of Gasoline and Diesel Fuel

Enterprises producing and blending gasoline and diesel fuel must meet the following conditions:

Point 1. Having production technology lines and storage tanks, blending tanks, technological pipelines, and transfer pumps suitable for:

Types of input raw materials;

Types of finished gasoline and diesel fuel;

Production and blending capacity.

Point 2. Measuring and testing equipment must be calibrated according to current regulations and within their validity period.

Point 3. Possessing the capability to test all quality indicators of finished gasoline and diesel fuel as stated in the announced quality standard (as stipulated in Section I.4 of this Circular) and according to corresponding testing methods prescribed in Vietnamese Standards, International Organization for Standardization (ISO) Standards, or American Society for Testing and Materials (ASTM) Standards.

In cases where investment in quality testing equipment for finished gasoline and diesel fuel is not feasible, enterprises are allowed to use testing laboratories of other organizations through testing contracts between both parties. Enterprises should prioritize selecting testing laboratories with VILAS certificates for the quality indicators of gasoline and diesel fuel that need to be tested.

The use of laboratories without VILAS certificates must be approved by the National Standardization, Metrology, and Quality Control Administration before the enterprise signs a testing contract.

Point 4. Establishing and implementing a quality management system according to ISO 9001:2000 and/or a specialized petroleum industry quality management system ISO/TS 29001:2003 - Petroleum, Petrochemical, and Natural Gas Industries - Specialized Quality Management System Requirements for Organizations Supplying Products and Services (hereinafter referred to as the specialized petroleum industry quality management system).

The National Standardization, Metrology, and Quality Control Administration evaluates and issues a certificate confirming the implementation of the specialized petroleum industry quality management system.

The date of obtaining the ISO 9001:2000 certification and/or the certificate confirming the implementation of the specialized petroleum industry quality management system must be completed before December 31, 2005.

Point 5. Meeting fire prevention and firefighting conditions as prescribed by competent state authorities.

Point 6. Having an environmental safety treatment system as prescribed by competent state authorities.

Point 7. Having a team of technical staff and operators of the production and blending process who have been trained professionally in accordance with their job positions.

Chapter III. Content and Procedures for Registration and Issuance of Certificates Confirming Compliance with Technical Conditions for the Production and Blending of Gasoline and Diesel Fuel

Article 1. Enterprises prepare registration files for the production and blending of gasoline and diesel fuel. The registration file includes:

a. A registration form for evaluating technical conditions for the production and blending of gasoline and diesel fuel (according to the model attached to this Circular);

b. A description of production and blending activities including:

Names, types of finished gasoline and diesel fuel, and standard codes of finished gasoline and diesel fuel (in cases where national or international standards are not used for finished products, enterprises must submit accompanying standard documents with the file);

An inventory of types and qualities of raw materials and additives used in the production and blending processes;

Production and blending plans; production and blending procedures; quality control procedures during production; production and blending system diagrams; technical characteristics of production equipment;

A list of quality testing equipment for gasoline and diesel fuel (or a list of testing organizations planned to sign testing contracts as stipulated in Section II.3 of this Circular);

An inventory of technical staff and operators of the production and blending system (number and technical level).

c. A certificate confirming compliance with fire prevention and firefighting conditions issued by competent state authorities.

d. A certificate confirming compliance with environmental protection requirements issued by competent state environmental authorities.

e. Calibration certification and/or confirmation certificate for measuring devices.

f. Certificate of ISO 9001:2000 quality management system application and/or confirmation certificate of specialized petroleum quality management system application.

2. The registration dossier shall be submitted to the Ministry of Science and Technology.

3. The Ministry of Science and Technology shall organize the examination of the dossier and practical assessment.

Enterprises that meet the requirements after evaluation will be issued a document confirming their technical eligibility for producing and blending gasoline and diesel fuel by the Ministry of Science and Technology.

Enterprises that fail to meet the requirements will be notified in writing along with issues needing rectification. After rectification, enterprises may re-register for reassessment.

4. When there is a change in the technical conditions that have been evaluated, enterprises must immediately notify the Ministry of Science and Technology in writing. The Ministry of Science and Technology is responsible for organizing a reassessment to issue appropriate supplementary notifications.

IV. Implementation Organization

1. Enterprises granted a document confirming their technical eligibility for producing and blending gasoline and diesel fuel must ensure that the finished products meet the published quality standards and comply with current state regulations.

2. For enterprises that were permitted by the Ministry of Science and Technology to produce and blend gasoline and diesel fuel before this Circular took effect, they must convert their existing eligibility confirmation documents according to the guidelines set forth in this Circular by September 1, 2004.

3. The Ministry of Science and Technology will organize annual inspections and spot checks of enterprises that have been granted a document confirming their technical eligibility for producing and blending gasoline and diesel fuel when complaints, reports, or signs of non-compliance with product quality standards are discovered.

4. Enterprises violating provisions stipulated in this Circular will be subject to penalties under current laws.

5. This Circular takes effect fifteen days from the date of publication in the Official Gazette;

6. During the implementation of this Circular, any difficulties encountered (if any) should be reported to the Ministry of Science and Technology for consideration and resolution./.