Decree No. 107/2009/NĐ-CP on liquefied petroleum gas (LPG) business

DECREE

Regarding liquefied petroleum gas (LPG) business

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the activities of LPG business and the conditions for conducting LPG business in the market.

Article 2. Applicability

1. This Decree applies to traders as defined by the Trade Law who carry out LPG business activities and users of LPG in Vietnam.

2. Traders importing LPG exclusively for their own specific needs without selling on the market are not subject to this Decree; they shall comply with the regulations of the Ministry of Industry and Trade.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Liquefied petroleum gas (LPG) is a mixture primarily composed of Propane (chemical formula: C3H8) and Butane (chemical formula: C4H10), derived from petroleum, known in English as Liquefied Petroleum Gas (abbreviated as LPG); at normal temperature and pressure, LPG is in a gaseous state, but when compressed to a certain pressure and temperature, it becomes liquid and is stored in fixed tanks, tank trucks, specialized vessels, or pipelines, also referred to as bulk LPG (hereinafter collectively referred to as LPG), used as fuel, engine fuel, raw material for production, and daily use.

2. LPG cylinder is LPG filled into standard LPG cylinders according to a specified quantity.

3. LPG cylinder is a pressure vessel made from metal (steel) or non-metallic materials (composite) or a combination thereof (steel + composite) in accordance with technical standards, used to contain LPG and can be refilled, also called a standard cylinder.

4. Mini LPG cylinder is a pressure vessel made from metal in accordance with technical standards, used to contain LPG, with a maximum capacity of 300 milliliters per cylinder (ml/cylinder).

5. Owner of LPG cylinder is a trader meeting the conditions for LPG business as prescribed in this Decree, being the entity that has purchased LPG cylinders from domestic manufacturers or imported them or acquired them from other LPG traders (other owners) through lawful transfer contracts, these cylinders must have complete documentation provided by the manufacturer or importer, bearing a registered trademark.

6. Refilling LPG into cylinders involves using specialized equipment to fill LPG from fixed storage tanks into standard cylinders according to a specified quantity.

7. LPG cylinder refueling station or tanker refueling station is an entity using specialized means and equipment to refill LPG into LPG cylinders or tankers (trucks) for sale to customers (hereinafter referred to as LPG cylinder refueling station).

8. LPG retail store is a store selling various types of LPG cylinders to customers.

9. Specialized LPG retail store is a store solely engaged in the sale of LPG and auxiliary equipment using LPG, constructed in accordance with current technical standards.

10. LPG vehicle refueling station is an entity using specialized equipment to directly refill LPG into vehicles equipped with LPG engines.

11. Pipeline LPG supply station is an entity using specialized equipment and pipelines to deliver LPG from fixed storage tanks to customers (hereinafter referred to as LPG supply station).

12. LPG business involves continuously carrying out one, several, or all activities in the LPG business chain: production, processing, export, import, storage, refilling, distribution, temporary import for re-export, leasing warehouses and ports, delivery and transportation, with the aim of generating profit.

13. LPG business facility is an entity engaged in production, processing, delivery, storage, and distribution, including: LPG production and processing plant; LPG export and import port; LPG storage warehouse, LPG cylinder storage warehouse, LPG cylinder retail store, LPG cylinder refueling station, tanker refueling station; LPG vehicle refueling station; LPG supply station; LPG transportation and leasing of LPG transportation means.

14. Deposit for LPG cylinder is the act where a customer (LPG main distributor, LPG distributor, LPG cylinder retail store, specialized LPG retail store, and LPG consumer) pays a sum of money to the owner of the LPG cylinder to ensure the obligation to return borrowed LPG cylinders according to the agreement for circulation, storage, and use of LPG.

15. Deposit for LPG cylinder is the amount of money paid by a customer requiring the use of LPG cylinders to the owner of the LPG cylinders to obtain the right to use the LPG cylinders for circulation, storage, and use of LPG.

16. Primary LPG distributor is a trader purchasing LPG from LPG exporters, importers, or LPG producers and processors to distribute to main distributors and LPG distributors.

17. Key LPG trader includes: LPG exporter, importer, producer, processor, and primary LPG distributor.

Article 4. Application of Relevant Laws

Businesses engaged in LPG business in the Vietnamese market must comply with the provisions of this Decree and also comply with other relevant laws.

Article 5. Development of LPG Business Bases

1. The LPG business bases specified in Clause 13, Article 3 of this Decree (excluding transportation and leasing of LPG transport vehicles) shall be developed according to planning and constructed in accordance with technical standards prescribed.

2. The Ministry of Industry and Trade, within its assigned tasks and powers, shall take the lead and coordinate with relevant ministries, sectors, and provincial/municipal People's Committees to establish and announce plans for developing LPG business bases nationwide, including: LPG production and processing plants, LPG storage facilities with total tank capacity of 5,000 cubic meters or more, ports for exporting and importing LPG for ships with a carrying capacity of 5,000 tons or more; inspect and supervise the implementation of approved plans.

3. Provincial/Municipal People's Committees shall be responsible for establishing plans for developing LPG business bases within the overall socio-economic development plans of their localities, including: specialized LPG retail stores, LPG refilling stations, LPG refueling stations for automobiles, LPG refilling stations for cylinders, LPG storage facilities with total tank capacity under 5,000 cubic meters, ensuring consistency with the national overall plan; inspect and supervise the implementation of approved plans.

4. Encourage businesses to invest in developing LPG business bases in accordance with current laws.

Article 6. Fire Prevention and Fighting, Security, Public Order, Labor Safety, Occupational Health, Environmental Protection, and Measurement and Quality Control

1. LPG business bases must consistently comply with legal regulations on fire prevention and fighting; security and public order; labor safety, occupational health, environmental protection, and measurement and quality control during business operations.

2. Businesses engaged in LPG business must organize regular inspections of LPG business bases under their management to ensure compliance with legal regulations on safety, fire prevention and fighting; security and public order; labor safety, occupational health, environmental protection, and measurement and quality control.

3. Staff working at LPG business bases, providing LPG services, including drivers of LPG transport vehicles, must be trained and instructed in fire prevention and fighting, labor safety, occupational health, environmental protection, LPG storage, measurement, and quality control, and obtain Certificates in accordance with legal regulations.

Chapter II

LPG BUSINESS

Section 1

EXPORTING LPG, IMPORTING LPG, PRODUCING AND PROCESSING LPG AND FIRST-LEVEL DISTRIBUTION OF LPG

Article 7. Conditions for Exporting and Importing LPG

Businesses meeting the following conditions may export and import LPG:

1. Possess a Business Registration Certificate that includes registration for exporting and importing LPG.

2. Have a port belonging to the Vietnamese seaport system owned or jointly owned through joint venture or capital contribution contracts, built according to planning and current technical standards; or have a port lease contract for at least one year to receive LPG-carrying ships; have an LPG import storage facility with a minimum total tank capacity of 3,000 cubic meters to receive imported LPG from ships or other transport means.

3. Own at least 300,000 (three hundred thousand) types of LPG cylinders (excluding mini LPG cylinders), which must be consistent with registered product labels and brands according to legal regulations at competent authorities.

4. Have an LPG cylinder refilling station that has been certified as meeting the conditions for LPG cylinder refilling as stipulated in Article 17 of this Decree.

5. Have a distribution system for LPG, including: member enterprises, branch enterprises, retail stores, or LPG refueling stations for automobiles or LPG supply stations, and at least 40 (forty) LPG sales agents (main agents and sub-agents or various agents) that meet the conditions prescribed in this Decree.

Article 8. Rights of Exporters and Importers of LPG

1. Organize the importation of LPG according to the business plan of the trader and ensure that the imported LPG meets current quality standards; have the right to export LPG, temporarily import and re-export LPG as stipulated in Article 51 of this Decree.

2. Set prices for LPG and bottled LPG within their distribution system, ensuring they are consistent with market conditions.

3. Organize wholesale sales of LPG through contracts to traders engaged in LPG business who meet the conditions set forth in this Decree; organize retail sales of LPG and bottled LPG within their distribution system.

4. Only enter into agency contracts with traders qualified to act as general agents for LPG business (hereinafter referred to as general agents), traders qualified to act as agents for LPG business (hereinafter referred to as agents), and LPG retail stores as stipulated in this Decree; sell LPG under contracts to direct consumers.

5. Organize the filling of LPG into bottles that meet circulation conditions on the market as stipulated in Clause 1 and Clause 2, Article 20 of this Decree, which are owned by the trader themselves or fill on a contractual basis for other LPG traders who meet the conditions set forth in this Decree.

6. Organize the provision of services and supply rental services: LPG storage warehouses, import/export ports, LPG delivery and receipt, LPG transportation means with other LPG traders who meet the conditions set forth in this Decree.

7. Develop material infrastructure for LPG business according to approved planning; organize a distribution system for LPG directly under the trader, including: enterprises, branch members, LPG warehouses, LPG retail stores, LPG bottle-filling stations, LPG vehicle-filling stations, LPG supply stations, general agencies, and agents at various locations nationwide.

Article 9. Obligations of Exporters and Importers of LPG

1. Provide sufficient sources of LPG for the distribution system under the trader's management to meet production and civilian needs, ensuring the level of LPG circulation reserves as stipulated in Clause 1, Article 52 of this Decree.

2. Adhere to the conditions and regulations set forth in this Decree and other relevant laws regarding LPG business; inspect and supervise LPG business premises, general agencies, agents, and LPG retail stores; be responsible for the quantity and quality of LPG sold within the distribution system under the trader's management.

3. Implement technical safety inspections and registration as required for LPG bottles and auxiliary equipment used with LPG owned by the trader; check the quality, maintenance, and replacement of LPG bottles and auxiliary equipment used with LPG, ensuring safety for users.

4. Comply with legal provisions on product trademark registration and brand management; manage the quantity and quality of LPG bottles owned by the trader; be subject to inspection and control by authorized authorities as stipulated by current laws.

Article 10. Conditions for Producing and Processing LPG

Traders meeting the following conditions may produce and process LPG:

1. Hold a Business Registration Certificate, which includes registration for LPG production and processing.

2. Have an LPG production and processing facility (hereinafter referred to as an LPG production plant) constructed in accordance with approved planning and investment projects.

3. Hold a Certificate of Technical Conditions for LPG Production and Processing.

4. Have a testing laboratory capable of conducting quality checks on LPG according to current standards.

5. Have an LPG warehouse (excluding the storage capacity already approved in the investment project) with a total tank volume of at least 5,000 cubic meters (five thousand cubic meters) built according to planning, ensuring current technical standards to receive imported LPG from ships or other transportation means.

Article 11. Rights of traders producing and processing LPG

1. To set the selling price of LPG produced by the factory (excluding the trial operation period) and LPG imported by traders according to the market mechanism prescribed in Article 54 of this Decree.

2. To directly import LPG and ensure that the quality of LPG complies with current regulations, to export LPG or authorize a trader who is the owner of a member enterprise to carry out the importation of LPG in accordance with current laws; to engage in temporary importation, re-exportation, and exportation of LPG as prescribed in Article 51 of this Decree.

3. To exercise rights as traders exporting and importing LPG as prescribed from Clause 3 to Clause 7 of Article 8 of this Decree.

4. When organizing the retail sale of LPG and bottled LPG on the market, they must establish a distribution system as prescribed in Clause 5 of Article 13 of this Decree.

Article 12. Obligations of traders producing and processing LPG

1. Before putting LPG products produced by the factory into circulation for the first time on the market, they must be inspected and confirmed by the Ministry of Science and Technology in coordination with relevant ministries and sectors to ensure compliance with safety conditions and quality standards, and must comply with safety regulations and quality assurance throughout the production and processing process.

2. Regularly inspect safety for machines, equipment, and production lines to detect and promptly address any signs of non-compliance with safety requirements during the production and processing of LPG.

3. The production and processing area must have warning signs stating "No Smoking," "No Open Flames," "Unauthorized Personnel Not Allowed," "Fire Prevention and Firefighting Regulations," and "Entry and Exit Regulations for Production and Processing Areas" displayed in visible and readable locations.

4. Organize wholesale sales of LPG under contracts to other LPG trading traders meeting the conditions stipulated in this Decree; ensuring equality, transparency, and fairness.

5. Comply with conditions and regulations regarding the production and processing of LPG; exportation and importation of LPG (if exporting or importing LPG) as prescribed in this Decree and related legal documents; ensuring the level of reserve circulation of LPG as prescribed in Clause 1 of Article 52 of this Decree.

Article 13. Conditions for Level I LPG Distributors

Level I LPG distributors must meet the following conditions:

1. Hold a Business Registration Certificate, which includes registration for LPG trading.

2. Have an LPG storage facility with a total capacity of at least 800 cubic meters (eight hundred cubic meters) for receiving LPG from ships or other transport vehicles, constructed according to planning and complying with current technical standards, owned by the distributor or jointly owned through capital contribution.

3. Own at least 300,000 (three hundred thousand) types of LPG bottles (excluding mini LPG bottles); product labels and trademarks registered in accordance with the law at competent authorities.

4. Have an LPG refilling station certified as meeting the conditions for refilling LPG into bottles as prescribed in Article 17 of this Decree.

5. Have a direct distribution system for LPG, including: LPG bottle retail stores or LPG supply stations or LPG refueling stations for automobiles, and at least 20 (twenty) major LPG dealers (total agents and agents or various agents) meeting the conditions stipulated in this Decree.

Article 14. Rights of first-level LPG distributors

First-level LPG distributors shall exercise rights as prescribed for LPG exporters and importers from Clause 2 to Clause 7 of Article 8 of this Decree.

Article 15. Obligations of first-level LPG distributors

First-level LPG distributors must fulfill all obligations as prescribed for LPG exporters and importers under Article 9 of this Decree.

Section 2

FILLING LPG INTO CYLINDERS

Article 16. Conditions for LPG filling stations

An LPG filling station that meets the following conditions shall be granted a Certificate of Eligibility for LPG Filling into Cylinders:

1. Possess a Business Registration Certificate, which includes registration for the business activity of filling LPG into cylinders.

2. The location of the LPG filling station must comply with planning and project designs approved by competent authorities for investment construction. Construction of LPG filling stations must comply with the provisions of the Construction Law and other relevant laws concerning construction of LPG facilities.

3. The filling station, filling equipment, pipeline systems, storage tanks, and auxiliary equipment must comply with current national technical regulations on safety.

4. Machines and equipment with strict requirements for labor safety and hygiene at the filling station have been inspected and registered according to regulations.

5. The LPG filling station must have protective barriers around it, ensuring good ventilation and complying with safe distances as stipulated in relevant Vietnamese standards and Appendix IX attached to this Decree.

6. Possess a Fire Prevention and Control Eligibility Certificate and a Security and Public Order Eligibility Confirmation Certificate issued by authorized public security agencies in accordance with the law.

7. Have complete procedures: filling LPG into cylinders, tank trucks, operating machines and equipment within the station, handling incidents, and safety regulations.

Article 17. Issuance of Certificate of Eligibility for LPG Filling into Cylinders

The Department of Industry and Trade is responsible for issuing the Certificate of Eligibility for each LPG filling station specified in this Article, the dossier includes:

1. A request for issuance of the Certificate of Eligibility for LPG Filling into Cylinders according to the form attached as Appendix III to this Decree;

2. Certified copies from authorized agencies: Business Registration Certificate, including registration for the business activity of filling LPG into cylinders and tank trucks;

3. Possess a Construction Permit along with the project and design approved by competent authorities for investment construction of the filling station and its equipment as stipulated in Clause 3 of Article 16 of this Decree.

4. Site plan (minimum size A2 paper) including information about: storage tank locations, filling station locations, positions for loading or unloading LPG onto tank trucks, warehouses, workshops, roads for truck traffic, fire alarm and extinguishing equipment, LPG pipeline systems, electrical systems, shutdown control systems. The site plan must clearly indicate the capacity of storage tanks; positions, dimensions, and minimum safe distances as stipulated in Appendix IX attached to this Decree.

5. Certified copies from authorized agencies:

- Inspection result certificate for machines and equipment with strict requirements for labor safety at the filling station;

- Inspection result certificates for each piece of equipment and measuring instruments in the station: weight scales, volume gauges, pressure gauges, and other equipment and tools;

- Fire Prevention and Control Eligibility Certificate;

- Security and Public Order Eligibility Certificate;

- Procedures for filling LPG, operating machines and equipment within the station, handling incidents, and safety regulations.

6. Certificates of training and professional instruction issued to each staff member at the LPG filling station as stipulated in Clause 3 of Article 6 of this Decree.

Within ten working days from the date of receipt of a complete and valid dossier as prescribed in this Article, the Department of Industry and Trade shall be responsible for reviewing, assessing, and issuing the Certificate of Eligibility for LPG Filling into Cylinders according to the form attached as Appendix IV to this Decree.

The Certificate of Eligibility for LPG Filling into Cylinders has a validity period of five years from the date of issuance; upon expiration of the validity period, the trader must follow the prescribed procedures to obtain certification for the next period; if not issued, a written response must be provided with clear reasons for the trader to complete the required conditions to obtain the Certificate of Eligibility for LPG Filling into Cylinders.

7. Traders who are granted the Certificate of Eligibility for LPG Filling into Cylinders must pay fees and charges as prescribed by the Ministry of Finance.

Article 18. Rights of LPG Refilling Stations

1. An organization may refill LPG cylinders owned by the refilling station itself and only refill LPG cylinders that meet the circulation conditions on the market as stipulated in Clause 1 and Clause 2 of Article 20 of this Decree.

2. It is permitted to organize hired refilling services according to contracts for LPG cylinders of other LPG traders who meet the prescribed conditions and have LPG cylinders that comply with the circulation conditions on the market as stipulated in Clause 1 and Clause 2 of Article 20 of this Decree. The trader hiring the refilling service must present relevant documents to the owner of the LPG refilling station to prove ownership of the LPG cylinder, including: Certificate of Registration of Trademark and Brand, documentation confirming lawful usage rights of the hired refilling party.

3. Exclude from the refilling station (including LPG cylinders not owned by the station) LPG cylinders that do not meet the circulation conditions on the market as stipulated in Clause 1 and Clause 2 of Article 20 of this Decree.

Article 19. Obligations of LPG Refilling Stations

1. Comply with the conditions stipulated in this Decree and other relevant laws regarding LPG cylinder refilling. The quantity of LPG refilled into cylinders must ensure sufficient volume for each type of cylinder; the quality of LPG must be consistent with the trademark, standards announced by the enterprise, and current regulations.

2. LPG cylinders before being sold or delivered to customers with contracts must meet the conditions stipulated in Article 21 of this Decree; bear responsibility for the quantity and quality of LPG sold or delivered to customers.

3. The owner of the LPG refilling station has the responsibility to equip all necessary personal protective equipment; purchase insurance according to the law for staff working at the refilling station.

4. The owner of the LPG refilling station shall not allow storage of LPG cylinders belonging to other traders without a hired refilling contract with the station.

Section 3

CONDITIONS FOR THE BUSINESS AND DISTRIBUTION OF LPG

Article 20. Conditions for LPG Cylinders Circulating on the Market

1. Before being put into use, LPG cylinders must undergo technical safety inspection, registration for use, and trademark registration according to the law; used LPG cylinders must undergo re-inspection according to the law.

2. LPG cylinders must retain their original design shape after passing the technical safety inspection and not exceed the inspection period; the color of the LPG cylinder must be registered with the competent authority; all LPG cylinders must have complete files stored according to the regulations at the business premises of the LPG cylinder owner.

3. A trader owning a business that is merged, dissolved, or converted to another industry not dealing in LPG or ceases long-term operations must recover all LPG cylinders under their ownership to sell or transfer to another trader along with complete files as required. Any trader owning these LPG cylinders must re-register trademarks and brands with the competent authority; notify the market management agency of the distribution system and consumers under their management for supervision; comply with the regulations on managing LPG cylinders stipulated in this Decree and bear responsibility for those cylinders.

4. The owner of LPG cylinders has the right to lease LPG cylinders under their ownership and is allowed to issue a LPG CYLINDER LEASE RECEIPT, uniformly applied within the distribution system and among consumers managed by the trader; has the right to inspect lease files of LPG cylinders at any premises storing or using LPG cylinders of the trader.

Article 21. Conditions for LPG Bottles Circulating in the Market

1. LPG bottles circulating in the market must ensure that the LPG bottles comply with the provisions of Clause 1 and Clause 2 of Article 20 of this Decree; the quantity of LPG in the bottles must be consistent with the product label, quality standards announced by traders, and current quality standards, properly sealed according to regulations.

2. LPG bottles circulating and consumed in the market must have a clear origin, consistent with purchase and sale contracts or agency agreements for LPG business.

Article 22. Distribution of LPG

1. Traders engaged in primary LPG business must distribute LPG and LPG bottles through their own management distribution system, including member enterprises, LPG sales branches, LPG bottle refilling stations, LPG supply stations, LPG vehicle refueling stations, LPG retail stores, general agencies, and agents as stipulated in this Section.

2. LPG bottle retail stores, LPG supply stations, general agencies, and agents must meet the conditions specified to distribute LPG and LPG bottles to primary LPG traders.

Article 23. Conditions for General Agencies Engaged in LPG Business

1. Hold a Business Registration Certificate, which includes registration as an LPG trading agent.

2. Have a storage facility for LPG bottles built according to current national technical standards with a minimum capacity of 2,000 (two thousand) LPG bottles of various types (excluding mini bottles).

3. Have a distribution system for LPG, including LPG bottle retail stores or LPG vehicle refueling stations, with at least ten agents meeting the conditions specified in Article 26 of this Decree.

4. Have an agency contract with primary LPG traders meeting the conditions specified in this Decree; the agency contract duration must be at least one year and remain valid.

Article 24. Rights of General Agencies Engaged in LPG Business

1. Select and sign agency contracts with up to three primary LPG traders meeting the conditions specified in this Decree.

2. Only sign contracts with traders who meet the conditions for being agents as stipulated in Article 26 and LPG bottle retail stores meeting the conditions specified in Article 29 of this Decree; only provide LPG meeting quality standards and LPG bottles complying with circulation conditions on the market as specified in Article 21 of this Decree to the distribution system under the general agency.

3. Sell LPG at vehicle refueling stations and LPG bottles meeting circulation conditions on the market as specified in Article 21 of this Decree, along with auxiliary equipment using LPG that meets quality standards; sell LPG according to contracts to direct consumers.

4. LPG bottle retail stores and vehicle refueling stations within the distribution system of the general agency can only sell LPG bottles and LPG to primary LPG traders with whom the general agency has signed agency contracts.

5. Inspect and supervise LPG businesses under the general agency to ensure compliance with the conditions specified in this Decree regarding LPG business.

Article 25. Obligations of General Agencies Engaged in LPG Business

1. Provide sufficient quantities of LPG and LPG bottles meeting quality standards to meet the consumption requirements of the distribution system under the general agency; ensure the circulation reserve level of LPG as specified in Clause 2 of Article 52 of this Decree.

2. Be responsible for the quantity, quality, and selling price of LPG and LPG bottles under the general agency; be subject to inspection and supervision by primary LPG traders with whom the general agency has signed agency contracts and competent authorities.

3. Sell LPG at prices set by primary LPG traders; sell sufficient quantities of LPG meeting quality standards as required; do not collude to increase prices or engage in other fraudulent activities; fully implement invoice and record-keeping systems in LPG business operations as prescribed by the Ministry of Finance.

4. Do not purchase or sell untraceable LPG varieties circulating in the market without clear origins or inconsistent with agency contracts signed with primary LPG traders.

5. Do not store or circulate LPG and LPG bottles from other LPG traders outside of contracts; upon termination of the agency contract, the general agency must return all pledged LPG bottles to the primary LPG trader, including LPG bottle records.

6. Only display signs and logos of primary LPG traders with whom the general agency has signed agency contracts; signs must be clearly and fully displayed as prescribed by law.

7. Comply with all provisions of the LPG Trading Agency Regulations.

Article 26. Conditions for LPG Business Agency

1. Hold a Business Registration Certificate, which includes registration as an LPG trading agent.

2. Possess a retail store selling bottled LPG or a refueling station for LPG in vehicles that have been granted a Fire Prevention and Control Certificate and an Order Confirmation of Security and Public Order Conditions by the competent police authority in accordance with the law.

3. Have an agency agreement with a main LPG trader or general agent who meets the conditions stipulated in this Decree; the minimum term of the agency agreement is 01 (one) year, remaining valid.

Article 27. Rights of LPG Business Agents

1. Select and sign agency contracts with up to 03 (three) main LPG traders or general agents who meet the conditions stipulated in this Decree.

2. Sell only LPG and bottled LPG provided by main LPG traders or general agents (if acting as an agent for a general agent) and must post the selling price, selling at the posted price as specified by the main LPG trader.

3. Retail stores selling LPG and refueling stations for LPG in vehicles within the distribution system of the agent may only sell bottled LPG and LPG from LPG traders who meet the conditions stipulated in the agency contract signed by the agent.

4. Inspect and supervise LPG business establishments under their agency to ensure compliance with the conditions stipulated for LPG business operations.

Article 28. Obligations of LPG Business Agents

1. Bottled LPG sold to customers must meet the conditions stipulated in Article 21 of this Decree; install and guide customers on safe LPG usage; be responsible for the quantity, quality, and selling price of bottled LPG under the agency; maintain records of various types of LPG sold to customers.

2. Only sell LPG and deliver bottled LPG according to contracts authorized by main LPG traders or general agents and must fulfill the commitments stated in the contract; be subject to inspection and supervision by main LPG traders, general agents (if acting as an agent for a general agent), and competent authorities.

3. Do not purchase or sell floating LPG and bottled LPG without origin or not in line with the contract signed with main LPG traders or general agents; do not buy or sell various types of bottled LPG circulating in the market belonging to other LPG traders.

4. Implement record-keeping systems for invoices and documents for each stage of business operations as prescribed by the Ministry of Finance.

5. Adhere strictly to all provisions of the LPG Business Agency Regulations.

Article 29. Conditions for Retail Stores Selling Bottled LPG

Retail stores selling bottled LPG that meet the following conditions will be granted a Business Operation Condition Certificate:

1. Possess a Business Registration Certificate, including registration for selling bottled LPG.

2. Have a contract to purchase bottled LPG with an agent or general agent or main LPG trader who meets the conditions stipulated in this Decree; the minimum term of the contract is 01 (one) year, remaining valid.

3. Possess a Fire Prevention and Control Certificate; an Order Confirmation of Security and Public Order Conditions issued by the competent police authority in accordance with the law as stipulated in Clause 3 of Article 29 of this Decree.

Article 30. Issuance of Business Operation Condition Certificates for Retail Stores Selling Bottled LPG

1. The Department of Industry and Trade shall issue Business Operation Condition Certificates for each retail store selling bottled LPG that meets the conditions stipulated in this Article; the application dossier for issuing a Business Operation Condition Certificate for bottled LPG retail stores includes:

a) An application form for issuing a Business Operation Condition Certificate for bottled LPG of the owner of the retail store selling bottled LPG in accordance with the model attached as Appendix I to this Decree;

b) A certified copy by the competent authority: the Business Registration Certificate of the owner of the retail store selling bottled LPG;

c) A certified copy by the competent authority: the Fire Prevention and Control Certificate; the Order Confirmation of Security and Public Order Conditions issued by the competent police authority in accordance with Clause 3 of Article 29 of this Decree;

d) A certified copy by the competent authority: the Training and Vocational Certification issued to each employee working at the retail store selling bottled LPG as stipulated in Clause 3 of Article 6 of this Decree.

2. Within 07 (seven) working days from the date of receiving a complete application dossier, the Department of Industry and Trade shall examine, assess, and issue a Business Operation Condition Certificate for each retail store selling bottled LPG in accordance with the model attached as Appendix II to this Decree, valid for 05 (five) years from the date of issuance; when the validity period expires, the trader must follow the prescribed procedures to obtain certification for the subsequent period; if not issued, a written response must be given stating the reasons so that the trader can continue to perfect the dossier in accordance with the regulations to obtain a Business Operation Condition Certificate for bottled LPG.

3. Retail stores selling bottled LPG that have been granted a Business Operation Condition Certificate for bottled LPG must pay fees and charges as prescribed by the Ministry of Finance.

Article 31. Rights of LPG Bottle Retail Outlets

1. Select and sign contracts to sell LPG bottles with up to three (3) traders operating LPG that meet the conditions stipulated in this Decree.

2. Not purchase or sell floating LPG bottles on the market without origin or not in compliance with the contract.

3. Are not permitted to retain LPG bottles or sell LPG bottles from agents, general agents, or other LPG traders circulating on the market.

4. Implement record-keeping and invoice systems in business stages according to regulations of the Ministry of Finance.

Article 32. Obligations of LPG Bottle Retail Outlets

1. Only hang signs and logos of main LPG traders with whom the retail outlet owner has signed agency contracts; signs must be clearly marked according to the law, including the registration number of the business license of the retail outlet owner.

2. Display prices and sell LPG bottles at the price specified by the agency (agent, general agent, or main LPG trader); subject to management, inspection, and supervision by such traders and competent authorities.

3. Only sell LPG bottles that meet the circulation conditions stipulated in Article 21 of this Decree; do not sell LPG bottles from other traders outside of contracts; strictly prohibit selling refilled mini LPG bottles (for mini bottles that can only be used once and cannot be refilled).

4. Only sell LPG bottles to LPG traders who meet the conditions stipulated in the agency contracts signed by the retail outlet.

Article 33. Conditions for LPG Refueling Stations for Vehicles

1. LPG refueling stations for vehicles must be constructed according to current planning and technical standards; have a Construction Permit attached to the project and design approved by the competent authority for investment construction.

2. Measuring equipment must be calibrated and tested according to regulations.

3. Equipment with strict safety requirements for LPG refueling must be inspected and registered according to regulations.

4. Have a Fire Prevention and Control Certificate; a Security and Public Order Confirmation Certificate issued by the authorized police authority according to the law.

Article 34. Issuance of LPG Refueling Station Qualification Certificates

1. The Department of Industry and Trade shall issue LPG Refueling Station Qualification Certificates to each station meeting the conditions stipulated in Article 33 of this Decree; the application for issuance of the LPG Refueling Station Qualification Certificate includes:

a) A request for issuance of the LPG Refueling Station Qualification Certificate from the station owner according to the model prescribed in Appendix VII attached to this Decree;

b) Certified copies from the competent authority: Business Registration Certificate, including LPG sales for vehicles;

c) Certified copies from the competent authority: Business License for Petroleum Products (for LPG refueling stations located within petroleum product outlets);

d) Certified copies from the competent authority:

- Fire Prevention and Control Certificate, Security and Public Order Confirmation Certificate issued by the authorized police authority (for LPG refueling stations built outside petroleum product outlets) as stipulated in Clause 4 of Article 33 of this Decree;

- Calibration result certificate of measuring equipment as stipulated in Clause 2 of Article 33 of this Decree;

- Calibration result certificate of equipment with strict safety requirements for LPG refueling issued by the authorized authority as stipulated in Clause 3 of Article 33 of this Decree;

- Certificate issued to each staff member working at the LPG refueling station who has been trained and instructed according to Clause 3 of Article 6 of this Decree.

2. Within seven (7) working days from the date of receiving complete applications, the Department of Industry and Trade shall examine, assess, and issue LPG Refueling Station Qualification Certificates to each station according to the model prescribed in Appendix VIII attached to this Decree, valid for five (5) years from the date of issuance; upon expiration, traders must follow procedures to obtain certification for the next period; if not issued, they must provide a written response stating the reasons so that traders may continue to complete their applications according to regulations to obtain the LPG Refueling Station Qualification Certificate.

3. LPG refueling stations that have obtained LPG Refueling Station Qualification Certificates must pay fees and charges according to regulations of the Ministry of Finance.

Article 35. Rights of LPG Refueling Stations for Motor Vehicles

1. Hanging signs and logos of wholesale traders or general agents dealing in LPG; signs must be clearly and fully displayed according to the provisions of the law.

2. Being subject to inspection and supervision by wholesale traders or general agents dealing in LPG and competent authorities.

3. Being allowed to form joint ventures or associations with capital contributions to build LPG refueling stations for motor vehicles with gas stations that have been granted certificates of eligibility to operate gasoline sales.

Article 36. Obligations of LPG Refueling Stations for Motor Vehicles

1. Selling only LPG of guaranteed quality provided by wholesale traders or general agents dealing in LPG; not purchasing floating LPG without origin or illegally imported LPG for sale to customers.

2. Refueling only motor vehicles using LPG fuel; not refilling LPG cylinders of any customer, including dealers, general agents, and other LPG traders.

3. Displaying the selling price of LPG and selling at the posted price as stipulated by wholesale traders dealing in LPG; being responsible for the quantity, quality, and price of LPG sold to customers.

4. Ensuring the accuracy of measuring equipment; regularly inspecting LPG refueling equipment and ensuring safety during business operations.

Article 37. Conditions for LPG Supply Stations

1. LPG supply stations must be constructed according to current planning and technical standards; having a construction permit attached to the project and design approved by the competent authority for investment construction.

2. Measuring equipment must be calibrated and tested according to regulations.

3. Having a certificate of fire prevention and firefighting conditions; a certificate of security and public order conditions issued by the authorized police agency according to the law; a test result certificate for equipment with strict safety requirements for LPG supply stations.

Article 38. Issuing Certificates of Eligibility for LPG Supply Stations

1. The Department of Industry and Trade shall issue certificates of eligibility for LPG supply stations to each station meeting the conditions specified in Article 37 of this Decree; the dossier includes:

a) A request for issuance of a certificate of eligibility for LPG supply stations from the owner trader of the LPG supply station according to the model prescribed in Appendix V attached to this Decree.

b) Certified copies from the competent authority: Business Registration Certificate, which includes pipeline LPG sales registration;

c) Documents proving the location of the LPG supply station is in accordance with planning, legality of investment construction, and the design project approved by the competent authority as stipulated in Clause 1 of Article 37 of this Decree;

d) Certified copies from the competent authority:

- Fire prevention and firefighting condition certificate, security and public order condition confirmation certificate issued by the authorized police agency as stipulated in Clause 3 of Article 37 of this Decree;

- Calibration test certificate for measuring equipment as stipulated in Clause 2 of Article 37 of this Decree;

- Calibration test certificate for equipment with strict safety requirements for LPG supply stations as stipulated in Clause 3 of Article 37 of this Decree;

- Certificates issued to each staff member working at the LPG supply station who have completed training as required by Clause 3 of Article 6 of this Decree.

2. Within seven working days from the date of receiving a complete dossier, the Department of Industry and Trade shall examine, evaluate, and issue the certificate of eligibility for LPG supply stations according to the model prescribed in Appendix VI attached to this Decree, validity period: five years from the date of issuance; when the validity period expires, the trader must follow the procedures to obtain certification for the next period; if not issued, a written response must be given with clear reasons for the trader to continue completing the dossier according to regulations to obtain the certificate of eligibility for LPG supply stations.

3. LPG supply stations that have obtained the certificate of eligibility for LPG supply stations must pay fees and charges as prescribed by the Ministry of Finance.

Article 39. Rights of LPG Supply Stations

1. Sell LPG only to customers with LPG purchase contracts; sell at the prescribed price, ensuring quality and quantity of LPG according to the signed contract with customers; be responsible for the quantity, quality, and price of LPG sold to customers.

2. Temporarily suspend selling LPG or terminate the LPG sales contract prematurely for customers who do not comply with regulations on LPG usage safety, fire prevention and firefighting, explosion prevention, or擅自更换、安装额外的LPG使用辅助设备。

3. In cases where customers need to replace LPG using equipment, they must notify the LPG supply station so that technical staff can be dispatched to install it.

Article 40. Obligations of LPG Supply Stations

1. Regularly inspect safety, measuring equipment, detect fire and explosion risks, valve seal tightness, safety valves, auxiliary equipment used with LPG, contact points, and LPG pipelines leading to each customer; promptly identify and address fire and explosion hazards that are unsafe for LPG users.

2. Each LPG supply station must display signs reading "No Smoking", "No Fire", "Fire Prevention and Fighting Regulations", and "Station Entry and Exit Regulations" in easily visible and readable locations.

3. Provide customers with a safe usage guide for LPG, including the phone number of the LPG supply station and the direct management responsibilities of the LPG supply station for contact when necessary.

4. When adjusting the sale price of LPG upwards or downwards, notify customers.

5. Only permitted to sell LPG to specialized transport vehicles meeting the conditions for receiving LPG as stipulated, or sell LPG through pipelines according to contracts; not allowed to refill LPG cylinders for any customer, including general agents, agents, or other LPG traders outside of contracts.

Section 4

LPG SERVICE BUSINESS

Article 41. Conditions for Operating LPG Storage and Port Services

1. Hold a Business Registration Certificate, which includes registration for LPG storage and port services.

2. Have a wharf belonging to the Vietnamese port system owned or co-owned under joint venture or capital contribution contracts, constructed according to planning ensuring current technical standards; or have a lease agreement for a wharf for at least one year to receive LPG-carrying ships or other transportation means.

3. Have an LPG storage facility with a total capacity of tanks of at least 1,000 cubic meters (one thousand cubic meters) owned or co-owned under joint venture or capital contribution contracts, built according to planning and current technical standards approved by competent authorities.

Article 42. Rights of LPG Service Providers for Leasing Storage Facilities and Ports

1. Enter into leasing contracts for LPG storage facilities and ports exclusively with main LPG traders or general agents and agents meeting the conditions stipulated in this Decree.

2. Not enter into leasing contracts for LPG storage facilities for smuggled LPG or untraceable LPG circulating in the market.

3. The leasing of LPG storage facilities and ports must comply with the conditions stipulated in this Decree and relevant current laws.

Article 43. Obligations of LPG Service Providers for Leasing Storage Facilities and Ports

1. Fulfill contractual commitments with customers; be responsible for the quantity and quality of LPG and ensure safety during the period of LPG storage at their facilities.

2. Adhere to fire prevention and firefighting conditions; security, public order, labor safety, and environmental protection regulations during service provision.

Article 44. Conditions for Operating LPG Transportation Services

1. Possess a Business Registration Certificate, which includes registration for operating LPG transportation services.

2. Own or co-own LPG transportation means through joint venture or capital contribution contracts, meeting the prescribed conditions and having all necessary documents and certificates as required by law: Dangerous Goods Transport Permit, Equipment Calibration and Safety Certification, Quality and Environmental Protection Inspection Certificate, all still valid.

Article 45. Rights of Merchants Owning LPG Transportation Means

1. Only transport LPG according to contracts with LPG business merchants renting transportation services that meet the conditions stipulated in this Decree and fulfill the commitments recorded in the contract.

2. Not transport, buy, or sell smuggled LPG, untraceable LPG on the market without origin, substandard LPG, or LPG bottles not meeting circulation conditions; not purchase or sell LPG bottles from other LPG business merchants currently circulating on the market.

3. Be able to lease LPG transportation means ensuring compliance with current regulations, permitted to participate in traffic as stipulated by law.

Article 46. Obligations of Merchants Owning LPG Transportation Means

1. Adhere to the conditions stipulated in this Decree and current laws related to safe transportation of goods; be responsible for the quantity and quality of LPG during receipt and transportation.

2. Purchase insurance for transportation means as prescribed and cargo insurance after agreement has been accepted by the consignor.

3. Subject to inspection and supervision by the leasing merchant and competent authorities.

Chapter III

MANAGEMENT OF LPG BUSINESS

Article 47. Responsibilities of LPG Business Merchants

Primary LPG business merchants have the following responsibilities:

1. Ensure sufficient supply of LPG for their distribution system, guaranteeing quality according to current standards, contributing to preventing commercial fraud, stabilizing domestic production and consumption.

2. When adjusting prices for various types of LPG, notify the Department of Industry and Trade where the merchant's distribution system operates.

3. Register product trademarks and brands, and announce product quality according to legal provisions at competent authorities.

4. Uniformly specify transaction names and logos within their distribution system, ensuring complete content as prescribed by law.

5. Purchase product liability insurance for all types of LPG sold to customers.

6. Identify, recall, or destroy according to regulations LPG bottles not meeting circulation conditions as stipulated in Article 20 of this Decree, and report to competent authorities to remove them from the list of non-permitted LPG bottles circulating on the market; install and guide customers on safe LPG usage.

7. The merchant owning the LPG bottle must be responsible for registering circulation, technical safety calibration and re-calibration; pay taxes and fees (if applicable), and manage LPG bottles according to regulations.

8. Inspect and supervise LPG business establishments under their management in adhering to conditions stipulated in this Decree and other relevant laws regarding LPG business operations; subject to inspection and supervision by competent authorities.

9. Auxiliary equipment related to LPG operation and use sold at stores must ensure quality and safety technical standards, with traceable origins: LPG stoves, LPG pipes, and various LPG bottle valves, pipe lock valves, and other devices.

10. Develop business infrastructure and LPG distribution systems according to regulations, suitable for the scale of the merchant's business.

11. Have the responsibility to refund bottle deposit money to customers when no longer in use.

12. LPG retail stores and dealers must return LPG bottles (including bottle records) to the primary dealer or primary LPG business merchant when terminating contracts with the primary dealer or primary LPG business merchant who provided the deposit.

Article 48. Rights of customers using LPG

1. Not to purchase LPG bottles without origin or place of manufacture, without seals or with incorrect seals; bottles that have not registered trademarks or brands; LPG in bottles that do not meet the required weight; LPG bottles that have not been technically safety inspected (for the first time) or have exceeded the technical safety inspection period and request the LPG agent or store to replace them.

2. To only use auxiliary equipment for LPG (safety valves, connecting hoses) that have been quality registered and are still within their usage period.

3. To request suppliers to provide necessary information on the safe use of LPG bottles and pipeline-purchased LPG; compensation for damages when accidents occur.

Article 49. Obligations of customers using LPG

1. To comply with regulations on the safe use of LPG as guided by LPG sellers.

2. To stop using and immediately report to the LPG selling store when discovering LPG bottles that are unsafe, posing fire and explosion risks (due to leaking LPG odor from safety valves or connecting hoses that are not properly sealed).

3. To report to the main LPG trader, general agent, or relevant authority when discovering substandard LPG bottle stores, insufficient LPG weight in bottles, non-compliance with safety regulations, selling at incorrect prices, counterfeiting trademarks, or failing to implement promotional policies (if applicable), to prevent and promptly address such issues.

4. To notify the previous LPG bottle selling store when switching to another trader's LPG bottles for the purpose of recovering the bottles.

5. To return LPG bottles to the bottle owner through the store system or agent in good condition and reclaim the deposit according to agreement when there is no longer a need for use; not to sell the bottles before switching to another trader's LPG bottles.

Article 50. Prohibited Actions in LPG Business Activities

1. Using mobile LPG refilling stations; refilling LPG from tankers into LPG bottles or other means and equipment; refilling LPG into mini-bottles not permitted for refilling; refilling LPG into bottles not owned (except in cases of rental contracts); refilling LPG into bottles not meeting market circulation conditions as stipulated in Clause 1 and Clause 2 of Article 20 of this Decree; refilling LPG into LPG bottles at LPG refilling stations for automobiles; refilling LPG into bottles permitted for refilling but not yet inspected or exceeding the technical safety inspection period.

2. Selling LPG at incorrect listed prices, not meeting specified quality standards, selling less than the required quantity of LPG to customers, engaging in speculative profiteering, colluding to increase prices causing market instability, and other fraudulent trading practices.

3. Illegally holding, purchasing, selling, or exchanging bottles not owned (except in cases of rental contracts); counterfeiting bottle shells, trademarks, and brands of circulating LPG bottles and LPG bottles registered with competent authorities.

4. Importing used LPG bottles and auxiliary equipment; producing and importing LPG bottles and auxiliary equipment that do not meet prescribed quality standards and current technical regulations; lacking origin or not ensuring user safety.

5. Any form of speculative profiteering, selling less quantity, quality fraud of LPG, appropriating LPG bottles of other LPG traders; refilling, repairing LPG bottles and auxiliary equipment at stores and facilities not certified to refill LPG; altering LPG bottles to change their original design shape to increase bottle weight.

6. Engaging in production and repair of LPG bottles without obtaining a business operation permit from the competent authority; lacking contracts for LPG bottle production and repair with the bottle owners; producing and repairing LPG bottles and auxiliary equipment not complying with Vietnamese regulations and standards.

7. Using, transporting, storing, and trading LPG bottles that do not meet quality requirements and are not allowed to circulate.

8. Using mini-LPG bottles not permitted for refilling in food service establishments, restaurants, beer shops, hotels, and resorts.

9. Falsifying LPG bottle weights during inspections for the purpose of cheating on LPG quantities.

10. Production or ownership entities using LPG bottles with duplicate serial numbers for circulation in the market.

Article 51. Temporary Import for Re-export and Export of LPG

1. Only traders who are main distributors of LPG and meet the conditions stipulated in this Decree shall be allowed to engage in temporary import for re-export and export of LPG; such business activities must comply with current laws.

2. Exporting LPG and engaging in temporary import for re-export of LPG must be settled in foreign currency through banks. Main distributors of LPG when exporting LPG and engaging in temporary import for re-export of LPG must comply with the provisions of the current Law on Export Duties and Import Duties and other relevant laws.

Article 52. Circulating Reserve of LPG

1. Main distributors of LPG must ensure that the circulating reserve of LPG is at least equal to seven days' supply for their distribution system under management; annually, they have the responsibility to increase the circulating reserve of LPG to reach a minimum of fifteen days' supply by 2015.

2. General agents must ensure that the circulating reserve of LPG is at least three days' supply.

Article 53. Import Duty on LPG

Based on the current Law on Export Duties and Import Duties and the world price of LPG, the Ministry of Finance shall determine the import duty rate on LPG to ensure suitability for each period and international commitments, contributing to stabilizing domestic production and consumption.

Article 54. Selling Price of LPG

Apply a market-based pricing mechanism subject to state control, decided by main distributors of LPG after paying taxes, fees, and charges as prescribed by current laws; implement price stabilization measures announced by competent authorities according to current laws.

Article 55. Management of Measurement and Quality of LPG

1. Organizations and individuals engaged in the business of LPG may only circulate and sell types of LPG that meet current standards; importing, circulating, and selling types of LPG that do not meet quality requirements and cause harm to the environment and human health is prohibited.

2. Traders engaged in the business of LPG must comply with current regulations on the management of measurement and quality of LPG during importation, production, processing, storage, delivery, transportation, and circulation of LPG in the market; they are responsible for the quantity and quality of LPG within their distribution system.

3. The Ministry of Science and Industry is responsible for organizing and directing the inspection of measuring equipment for LPG according to current laws on measurement; planning to equip sufficient testing equipment for LPG quality assurance, ensuring accuracy, timely, and convenient inspection work.

4. Provincial People's Committees and municipal people's committees directly under the central government are responsible for directing and organizing inspections of measurement and quality of circulating LPG in their respective jurisdictions; handling according to the law those traders, organizations, and individuals engaged in the business of LPG who do not comply with regulations on measurement and quality of LPG and other fraudulent acts causing market instability.

Article 56. Responsibilities of Ministries, Sectors, and Provincial People's Committees and Municipal People's Committees Directly Under the Central Government

In addition to specific responsibilities stipulated in the above articles and clauses, ministries, sectors, and provincial people's committees and municipal people's committees directly under the central government within their functions, tasks, and powers, have the responsibility:

1. Ministry of Industry and Trade:

a) To issue agency trading rules for LPG; inspect, confirm, and notify customs authorities of traders meeting the conditions for exporting and importing LPG; coordinate with provincial and municipal people's committees to inspect and supervise traders exporting and importing LPG, traders producing and processing LPG, first-level distributors, general agents, and agency traders of LPG in compliance with the conditions stipulated in this Decree.

b) To direct market management forces to cooperate with relevant agencies to organize inspections and supervision of LPG trading establishments nationwide regarding compliance with safety regulations, establishment of distribution systems as prescribed, labor hygiene; inspect the issuance of Certificates of Eligibility for Retail Stores Selling LPG Bottles, Certificates of Eligibility for Refilling LPG Bottles, Certificates of Eligibility for Supplying LPG, and Certificates of Eligibility for Refilling LPG into Cars issued by the Department of Industry and Trade in accordance with the provisions of this Decree and related laws.

c) To take the lead and coordinate with relevant agencies to formulate technical standards for safety of LPG refilling stations and supply stations; criteria and conditions for LPG bottle inspection stations and implementation of Certificates of Eligibility for LPG bottle inspection stations; issuance of Certificates of Eligibility for LPG bottle manufacturing and repair facilities.

d) To take the lead and coordinate with relevant agencies and training institutions as prescribed by current laws to define content, organize compilation of materials, training, and vocational instruction on LPG trading for staff working at LPG trading establishments nationwide.

2. The Ministry of Science and Technology

a) To take the lead and coordinate with relevant ministries and sectors to manage the quality of produced LPG, imported LPG, and circulating LPG in the market; issue Certificates of Technical Eligibility for Production and Processing of LPG for factories.

b) To take the lead and coordinate with relevant ministries and sectors to develop, amend, and supplement the system of standards and technical regulations on the quality of LPG; specify the maximum number of years for use for each type of LPG bottle from the date of manufacture according to the bottle history.

c) To organize training and vocational instruction on measurement and quality of LPG for staff working at LPG trading establishments nationwide.

3. Ministry of Finance:

a) To take the lead and coordinate with the Ministry of Industry and Trade to inspect and supervise main distributors of LPG regarding the selling prices of various types of LPG and apply price stabilization measures for LPG according to current laws.

b) To unify the amount of deposit money and depreciation periods suitable for each type of LPG bottle.

4. Ministry of Transport:

a) To take the lead and coordinate with relevant ministries and sectors to supplement and perfect standards and technical regulations on ports for export and import, means of transport for various types of LPG.

b) Inspect and supervise traders operating liquefied petroleum gas (LPG) transportation services regarding their compliance with the conditions stipulated in Clause 2, Article 44 and Clause 3, Article 45 of this Decree.

5. Ministry of Construction:

Take the lead and coordinate with relevant ministries and sectors to guide and inspect provinces and centrally-run cities on the construction of facilities serving LPG business operations in accordance with the Construction Law and current guiding documents.

6. The Ministry of Public Security:

a) Shall be responsible for unified state management over security and public order at LPG production and trading establishments nationwide. Direct and guide police forces at all levels to inspect and audit the implementation of regulations on security and public order at LPG production and trading establishments according to current regulations.

b) Organize training and instructing staff of LPG production and trading establishments on fire prevention and fighting, security, and public order work as prescribed by law and issue Certificates of Fire Safety Conditions and Certificates of Security and Public Order Conditions.

7. The Ministry of Labor, Invalids, and Social Affairs:

a) Review and approve the inspection procedures for LPG cylinders; criteria and conditions for LPG cylinder inspection stations for the Ministry of Industry and Trade to promulish.

b) Direct and implement labor safety inspections at production and trading establishments according to current laws.

8. The Ministry of Natural Resources and Environment:

a) Take the lead and coordinate with relevant ministries and sectors to organize inspections and supervision of LPG production and trading establishments' compliance with environmental laws.

b) Organize training and instructing staff of LPG production and trading establishments on environmental safety work.

9. Provincial People's Committees under the Central Government:

a) Direct and organize inspections of production and trading establishments of traders operating within the local administrative area concerning measurement and quality of circulating LPG; fire prevention and fighting; security and public order; environmental safety according to the law; anti-commercial fraud, ensuring market stability;

b) Strictly handle violations of the conditions stipulated in this Decree and other related laws on LPG business operations, especially violations:

- LPG refilling stations not complying with the conditions stipulated in Article 16 of this Decree; holding LPG cylinders that do not belong to them (except in cases of leasing under contracts).

- LPG cylinders and bottled LPG not meeting the circulation conditions stipulated in Articles 20 and 21 of this Decree but still being circulated in the market; LPG cylinders that have not been registered and technically inspected as required being circulated in the market;

- Altering the original shape, structure, and weight of LPG cylinders (changing the base, cutting handles, grinding logos, changing the brand and serial number of LPG cylinders, welding additional metal parts, swapping cylinder heads); failing to register trademarks and product labels as required by competent authorities under Clause 3, Article 47 of this Decree;

- Not posting selling prices, selling at incorrect posted prices, refilling LPG into unauthorized mini-cylinders; not adhering to safety regulations during LPG business operations and LPG service provision;

- Selling substandard LPG, selling less volume of LPG, counterfeiting product labels and brands, speculative profiteering, colluding to increase LPG selling prices causing market instability.

Chapter IV

INSPECTION, AUDITING, AND VIOLATION HANDLING

Article 57. Inspection and Supervision of LPG Business Activities

1. Businesses engaged in LPG business must be subject to inspection and supervision by competent authorities in accordance with the provisions of the law on LPG business.

2. The inspection and supervision of LPG business premises of businesses must be carried out in accordance with their functions, tasks, powers, and the provisions of the law on inspection and supervision.

3. Ministries at the level of ministries, provincial People's Committees under the central government shall, within their functions, tasks, and powers, be responsible for directing and organizing inspections and supervisions of LPG business premises to ensure compliance with conditions stipulated in this Decree and other relevant laws regarding LPG business; promptly prevent and handle violations to ensure safety and stability in market prices.

Article 58. Violations by Businesses Engaged in LPG Business

1. Violations by key LPG businesses:

a) Exporting or importing LPG that does not meet the conditions specified in Article 7; producing or processing LPG that does not comply with the provisions of Article 10; distributing first-level LPG that does not meet the conditions specified in Article 13 of this Decree;

b) Importing LPG that does not meet quality requirements as prescribed; importing used LPG cylinders and auxiliary equipment; importing new LPG cylinders and auxiliary equipment that do not meet quality requirements, have no origin, and do not ensure user safety as stipulated in Clause 4 of Article 50 of this Decree;

c) Conducting LPG business activities that do not comply with the conditions stipulated in this Decree;

d) Altering the volume and quality of LPG for profit; selling LPG that does not meet quality requirements, selling less volume of LPG to customers;

đ) Purchasing or selling LPG from/to LPG businesses operating refueling stations, distribution stations, or vehicle refueling stations that do not meet the conditions stipulated in this Decree; renting warehouses, ports, and transportation means to LPG businesses that do not meet the conditions stipulated in this Decree;

e) Violating the provisions of Article 50 of this Decree;

g) Selling sealed LPG cylinders to customers without complying with specifications and without auxiliary labels as required for imported auxiliary equipment;

h) Not having certificates of eligibility for retail LPG cylinder sales, certificates of eligibility for LPG cylinder refilling, certificates of eligibility for LPG distribution, or these certificates having expired;

i) Not conducting technical safety inspections of LPG cylinders and equipment with strict safety requirements as prescribed;

k) Refilling LPG cylinders that do not meet circulation conditions stipulated in Clauses 1 and 2 of Article 20 of this Decree;

l) Not purchasing insurance for employees working at LPG business premises as required by law;

m) Not purchasing product liability insurance for LPG users from the business;

n) Not refunding deposit money when customers no longer need to use LPG cylinders.

2. Violations by General Agents and Agents:

a) General agents not meeting the conditions stipulated in Article 23; violating the provisions of Articles 24 and 25; Clause 2 of Article 52 of this Decree;

b) Agents not meeting the conditions stipulated in Article 26; violating the provisions of Articles 27 and 28 of this Decree;

c) Violating the provisions of Clauses 2, 5, and 7 of Article 50 of this Decree.

3. Violations by Retail Stores Selling LPG Cylinders:

a) Not having a certificate of eligibility for LPG cylinder sales; not complying with fire prevention and firefighting regulations;

b) Refilling, transferring LPG, repairing LPG cylinders in unauthorized locations;

c) Violating the provisions of Clause 2 of Article 50 of this Decree;

d) Selling LPG cylinders that do not match the contracts signed with general agents or agents or key LPG businesses;

đ) Buying or selling unregistered LPG cylinders circulating in the market without origin;

e) Illegally holding, buying, or selling LPG cylinders of other registered LPG businesses circulating in the market;

4. Violations by Vehicle Refueling Stations:

a) Directly refilling LPG from pumps into LPG cylinders and other equipment;

b) Not displaying LPG prices, selling LPG at incorrect prices set by key LPG businesses;

c) Selling LPG volumes inconsistent with the amount collected from customers; LPG quality not meeting standards; buying unregistered LPG circulating in the market without origin; buying smuggled LPG to sell to customers;

d) Not having sufficient firefighting equipment as required;

đ) Measurement devices not calibrated or adjusted as required; attaching devices that alter the accuracy of measurement devices.

5. Violations by Owners of LPG Distribution Stations:

a) Not conducting technical safety inspections of LPG distribution equipment;

b) Not displaying LPG prices, selling LPG at incorrect prices;

c) Selling insufficient volume; LPG quality sold to customers not meeting standards;

d) Not having sufficient firefighting equipment as required;

đ) Not purchasing product liability insurance for LPG users from the distribution station.

6. Violations by Businesses Engaged in LPG Services and Leasing Services:

a) Operating services: leasing warehouses, import/export ports for LPG that do not comply with the conditions stipulated in Articles 41, 42, and 43 of this Decree;

b) Transport services: not complying with regulations on transporting flammable and explosive goods, conditional business operations; not purchasing insurance for transportation vehicles as required by law;

c) Altering the quality of LPG or engaging in fraudulent practices regarding volume and quality of LPG during service operations;

d) Transporting, buying, or selling smuggled LPG, unregistered LPG circulating in the market without origin, substandard LPG, LPG cylinders not meeting circulation conditions stipulated in Article 21 of this Decree; buying or selling LPG cylinders circulating in the market; directly refilling LPG from tankers into LPG cylinders and other equipment;

đ) Not fulfilling commitments recorded in contracts.

Article 59. Handling Violations

1. A business entity engaging in LPG trade that violates the provisions of this Decree shall be subject to administrative penalties or criminal responsibility追究刑事责任，depending on the severity of the violation, as stipulated by law.

2. A business entity engaging in LPG trade that commits violations as specified in Clause 1, Clause 3, Clause 4, Clause 7, Clause 8, and Clause 9 of Article 50; Point b, Point đ, and Point e, Clause 3 of Article 58, in addition to being handled according to the provisions of Clause 1 of this Article, shall also have their LPG bottles confiscated and returned to the owner; if there is LPG in the bottle, the owner of the LPG bottle may repurchase it, and the proceeds shall be deposited into the public fund.

3. In cases where violations as specified in Article 58 are repeated, the Business Operation Permit, LPG Refilling Permit for Bottles, LPG Supply Permit, and LPG Refilling Permit for Vehicles will be revoked for a certain period or indefinitely, or operations will be suspended; if deemed serious, criminal responsibility will be pursued.

4. State officials and employees of LPG trading establishments, as well as civil servants of state agencies who violate the provisions of this Decree while performing their duties shall be subject to disciplinary action, administrative penalties, or criminal responsibility追究刑事责任，depending on the severity of the violation, as stipulated by law.

Chapter V

IMPLEMENTING PROVISIONS

Article 60. Effective Date

1. This Decree takes effect from January 15, 2010.

2. All previous regulations issued by Ministries, sectors, and provincial/municipal People's Committees under the direct jurisdiction of the central government regarding LPG trade that conflict with the provisions of this Decree are hereby abolished.

Article 61. Transitional Provisions

1. Existing LPG trading establishments of business entities that do not meet the conditions stipulated in this Decree may continue operations until September 30, 2010; thereafter, they must comply with the conditions set forth in this Decree.

2. Relevant Ministries, sectors, and provincial/municipal People's Committees are responsible for directing inspections, supervision, and urging business entities with LPG trading establishments as specified in Clause 1 of this Article to comply with the regulations.

Article 62. Implementation Organization

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.