Decision No. 11/2007/QĐ-BTM Regarding the amendment and supplementation of some articles of the Gasoline Retail Agency Regulations issued together with Decision No. 1505/2003/QĐ-BTM dated November 17, 2003 of the Minister of Trade.

DECISION

Regarding the amendment and supplementation of certain articles of the Gasoline and Oil Retail Agency Regulations,

issued together with Decision No. 1505/2003/QĐ-BTM dated November 17, 2003

of the Minister of Trade

______________________

THE MINISTER OF TRADE

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

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

Pursuant to Decree No. 55/2007/NĐ-CP dated April 6, 2007 of the Government on gasoline and oil trading;

Considering the proposal of the Director of the Domestic Market Policy Department.

DECISION:

Article 1. Amending and supplementing certain articles and clauses of the Gasoline and Oil Retail Agency Regulations issued together with Decision No. 1505/2003/QĐ-TTg dated November 17, 2003 of the Minister of Trade.

1. Clause 1 of Article 2 shall be amended as follows:

"Article 2. Explanation of terms

1. A key petroleum enterprise is an enterprise engaged in importing petroleum products that meets all conditions prescribed in Article 7 and an enterprise producing and processing petroleum products that meets all conditions prescribed in Article 10 of Decree No. 55/2007/NĐ-CP dated April 6, 2007 of the Government on petroleum trading (hereinafter referred to as Decree No. 55/2007/NĐ-CP).

2. Clause 2 of Article 3 shall be amended as follows:

"Article 3. Provisions on agents

2. Enterprises belonging to various economic sectors that meet the conditions for trading in petroleum products prescribed in Decree No. 55/2007/NĐ-CP may trade in petroleum products domestically under the form of agency in accordance with this Regulation and shall be responsible for prices, quantities, and quality of petroleum products sold according to the commitments in the agency contracts."

4. Clause 3 of Article 6 shall be amended as follows:

"Article 4. The system of petroleum product agents

3. A general agent shall only enter into contracts with one key petroleum enterprise. At one retail store or gas station, only petroleum products from one key petroleum enterprise shall be sold, and the signboard of that key petroleum enterprise must be displayed in accordance with Point 3.3 Clause 3 Article 5 of this Regulation and must be clearly stated in the agency contract."

4. Paragraphs 1.1 and 1.2 Clause 1, Paragraph 2.1 Clause 2, and Paragraph 3.1 Clause 3 of Article 5 are amended and supplemented as follows:

"Article 5. Responsibilities of enterprises in the agency system

1. Responsibilities of key petroleum enterprises

1.1. Organizing the importation of petroleum products in accordance with the schedule regarding quantity and type structure within the minimum import quota assigned or according to the production plan registered; ensuring the quality of petroleum products in accordance with regulations and supplying sufficiently and stably to its distribution system to meet the demand for petroleum products in the business area; maintaining the required amount of circulating petroleum products in accordance with Article 22 of Decree No. 55/2007/NĐ-CP.

1.2. Organizing the distribution system of petroleum products of the enterprise in accordance with Article 4 of this Regulation in provinces and cities in line with business capacity; only transferring petroleum products to enterprises in its agency system for sale under the form of agency and in accordance with signed agency contracts.

Registering this distribution system with the Ministry of Trade before December 31, 2007, in the format attached to this Regulation and registering supplementary monthly if there are changes. Notifying the Provincial Department of Trade the list of subordinate units, general agents, and retail agents operating in its distribution system on the business territory for the Provincial Department of Trade to know and supervise."

"2. Responsibilities of general agents:

2.1. Selecting and signing contracts to act as a general agent selling petroleum products for and Law No. 47/2024/QH15 key petroleum enterprises.

In case of changing to become a general agent for another key petroleum enterprise, they must terminate the contract with the previous key petroleum enterprise in accordance with regulations before signing a contract to act as a general agent for the new key petroleum enterprise."

"3. Responsibilities of retail agents:

3.1. Only acting as a retail agent for one key petroleum enterprise or an enterprise acting as a general agent and only selling petroleum products of one key petroleum enterprise according to signed agency contracts.

In case of changing to become a retail agent for another key petroleum enterprise or general agent, they must terminate the contract with the previous key petroleum enterprise or general agent in accordance with regulations before signing a contract to act as a retail agent for the new enterprise."

5. Clause 1 of Article 9 is amended as follows:

"Article 9. On petroleum product prices

1. Based on the selling price of petroleum products and the authority of key petroleum enterprises prescribed in Clause 1 Article 26 of Decree No. 55/2007/NĐ-CP, key petroleum enterprises decide specific selling prices, including: the price at the warehouse of the key petroleum enterprise; the retail price at affiliated retail stores and stations of the key petroleum enterprise and at retail agents throughout its entire distribution system of petroleum products."

6. Paragraph 2.8 Clause 2 Article 12 is amended as follows:

"Article 12. Handling violations

2. The following violations shall be handled

2.8. Transferring or transferring petroleum products to different water areas without the approval of the Ministry of Transport."

Article 2. This Decision takes effect 15 days after its publication in the Official Gazette.

Article 3. Chairmen of provincial and centrally governed city People's Committees, Directors of Provincial Departments of Trade; Heads of the Office of the Ministry of Trade, Directors of the Domestic Market Policy Department, Heads of relevant Departments and Bureaus of the Ministry of Trade, and Directors of key petroleum enterprises are responsible for implementing this Decision./.