Circular No. 11/2010/TT-BKHCN stipulates the management of measurement and quality in the business of petroleum products as prescribed in Decree No. 84/2009/NĐ-CP dated October 15, 2009 of the Government on the business of petroleum products.

CIRCULAR

The regulations on measurement management and quality in gasoline business stipulated in Decree No. 84/2009/ND-CP dated October 15, 2009 of the Government on gasoline business.

__________________________________________________________

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 84/2009/NĐ-CP dated October 15, 2009 of the Government on gasoline and oil business;

The Minister of Science and Technology shall stipulate the regulations on measurement management and quality in gasoline business as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the regulations on measurement management and quality in gasoline business in Vietnam.

Article 2. Applicability

1. This Circular applies to the following entities:

a) Gasoline traders;

b) State management agencies on measurement and quality as prescribed in Article 5 and Article 6 of this Circular;

c) Other state agencies, organizations, and individuals related to the matter.

2. This Circular does not apply to traders producing, importing, or blending gasoline for their own specific needs without circulation on the market as provided for by the Ministry of Industry and Trade.

Article 3. Explanation of Terms

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

1. Measurement procedure is a set of operations to determine the quantity of gasoline to be measured.

2. Measuring Device is technical equipment used to perform the measurement procedure.

3. Other terms in this Circular are understood according to the provisions of Article 3 of Decree No. 84/2009/ND-CP dated October 15, 2009 of the Government on gasoline business.

Article 4. Responsibilities of gasoline traders

1. Ensuring the quantity of gasoline in purchase and sale transactions with customers in accordance with the legal provisions on measurement.

2. Only allowing types of gasoline that meet the quality requirements stipulated in this Circular to enter the market.

3. When supplying gasoline to agents or retail outlets, traders importing, producing, or blending gasoline must provide accompanying quality certificates.

4. Supplying consumers with gasoline of the correct type and quality supplied by the distributor.

5. Implementing measures as required by competent state management agencies to enable responsible persons, customers, or customer representatives to check the measurement method, measurement results, and quality of gasoline supplied to customers.

6. Subject to inspection and supervision on measurement and quality in accordance with the law.

7. Adhering to inspection decisions made by competent state authorities.

Article 5. Responsibilities of the General Department of Standardization, Measurement, and Quality Control

1. Recognizing organizations conducting calibration of measuring instruments in accordance with the legal provisions on measurement;

2. Providing detailed guidance on technical measurement requirements for measuring instruments and measurement systems; providing guidance on checking measurement procedures and measurement results.

3. Designating and recognizing organizations capable of performing conformity assessment of gasoline in accordance with national technical standards.

4. Taking the lead and coordinating with specialized agencies of relevant ministries and sectors to organize inspections and checks on compliance with regulations on measurement management and quality management concerning importation, production, blending, storage, distribution, and transportation of gasoline as stipulated in this Circular and other relevant legal provisions.

5. Guiding gasoline traders to implement measures enabling responsible persons, customers, or customer representatives to check measurement procedures, measurement results, and quality of gasoline supplied to customers.

6. Organizing activities for information dissemination, propaganda, and vocational guidance on measurement management and quality management in gasoline business as stipulated in this Circular.

Article 6. Responsibilities of Provincial Science and Technology Departments

1. Organize the implementation of information dissemination, guidance on business practices related to measurement management and quality control for gasoline sales in accordance with this Circular within their respective localities.

2. Direct the Standardization, Measurement, and Quality Control Agency to take the lead in organizing the implementation of measurement and quality inspections, coordinating with relevant units to conduct supervision on measurement and quality at retail gasoline outlets in accordance with this Circular and other relevant laws.

3. Annually, by March, compile and report to the Ministry of Science and Technology and the People's Committee of the province on the situation of inspections and violations regarding measurement and quality in retail gasoline activities in the previous year within their respective localities.

Chapter II

MEASUREMENT MANAGEMENT IN GASOLINE BUSINESS

Article 7. For importation, production, blending, distribution, and service provision of gasoline

Gasoline traders involved in importation, production, blending, distribution, and service provision must comply with the following measurement management regulations:

1. Measuring instruments used to determine the quantity of gasoline in transactions and settlements between organizations and individuals must meet the following requirements:

a) Have been calibrated and are within the validity period of the calibration certificate (calibration mark, calibration label, calibration certificate);

b) The components and parts of measuring instruments must be compatible with approved models;

c) Must have a measurement range suitable for the quantity of gasoline to be measured;

d) Must meet usage requirements as specified by the manufacturer.

2. When one or more measuring instruments specified in Clause 1 of this Article are installed together with other structures or parts to form a measurement system used to determine the quantity of gasoline in transactions and settlements between organizations and individuals, such measurement system must meet technical measurement requirements as stipulated by law.

3. The measurement error of gasoline quantity in transactions and settlements with organizations and individuals or during inspections must not exceed 1.5 times the permissible measurement error limit of the measuring instrument specified in Clause 1 or the measurement system specified in Clause 2 of this Article.

Article 8. For retail gasoline activities

In addition to the measurement management regulations stipulated in Article 7 of this Circular, retail gasoline traders must comply with the following regulations:

1. Have available measuring cans, measuring containers with capacities of 1 L, 2 L, 5 L, 10 L, and measuring tubes with appropriate measurement ranges; ready to perform comparative measurements when requested. These measuring cans, measuring containers, and measuring tubes must meet the following requirements:

a) Have been calibrated and are still within the validity period of the calibration certificate;

b) Placed in positions convenient for responsible persons or customers to check measurement results.

2. Regularly self-inspect measuring instruments, measurement systems, and measurement conditions to ensure that the measurement error of gasoline quantity in transactions and settlements with suppliers and customers complies with the provisions of Clause 3 of Article 7 of this Circular.

Chapter III

QUALITY MANAGEMENT IN GASOLINE BUSINESS

Article 9. Quality of imported gasoline

Traders must comply with the following quality management regulations:

1. For imported gasoline falling under the scope regulated by the National Technical Regulation on Gasoline, Diesel Fuel, and Biofuel - QCVN 1:2009/BKHCN issued by the Minister of Science and Technology (hereinafter referred to as QCVN 1:2009/BKHCN):

a) Must implement quality management measures as prescribed in the QCVN 1:2009/BKHCN before putting them on the market;

b) Conduct quality inspection of imported gasoline before customs clearance procedures. The content, procedure, and process of inspecting imported gasoline quality shall be carried out in accordance with Circular No. 17/2009/TT-BKHCN dated June 18, 2009, of the Minister of Science and Technology.

Imported gasoline failing to meet quality requirements must be processed through either recycling or re-exportation according to the decision of the competent state authority.

2. For imported gasoline not falling under the scope regulated by the QCVN 1:2009/BKHCN:

a) Publicize applicable standards for each product type in accordance with regulations. The content of the publicized standard must not conflict with corresponding national standards;

b) Ensure the quality of gasoline meets the published standard.

Article 10. Quality of exported gasoline and diesel fuel

Traders must comply with the following quality management regulations:

1. Supply gasoline and diesel fuel to foreign traders in accordance with the quality stipulated in the signed contracts.

2. In cases where imported countries return gasoline and diesel fuel, traders dealing in gasoline and diesel fuel must implement quality management measures as prescribed in Article 9 of this Circular.

Article 11. Quality of gasoline and diesel fuel in production and blending

1. Traders must have testing laboratories that meet the following requirements:

a) Equip with testing devices, testing staff, and infrastructure that satisfy the requirements for testing quality indicators of gasoline and diesel fuel according to current national technical regulations and national standards;

b) Establish and apply a quality management system for gasoline and diesel fuel testing laboratories according to national standard TCVN ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005;

c) For testing laboratories that do not yet have the conditions to test all quality indicators according to current national technical regulations and national standards, traders are permitted to use external testing laboratories to test the untested indicators and must be evidenced by a service testing contract. Utilize laboratories that have established and applied a quality management system in accordance with national standard TCVN ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005.

2. Traders must comply with the following quality management regulations:

a) Establish and apply a quality management system according to national standard TCVN ISO 9001:2008 or a specialized oil and gas industry quality management system according to ISO/TS 29001:2007 - Petroleum, petrochemicals, and natural gas industries - Specialized quality management systems - Requirements for organizations providing products and services;

b) For gasoline and diesel fuel within the scope regulated by technical regulation QCVN 1:2009/BKHCN: Implement product conformity certification according to national technical regulation QCVN 1:2009/BKHCN (conformity declaration); announce conformity based on the conformity declaration; announce applicable standards according to the provisions, the content of the announced applicable standards shall not contradict the requirements of technical regulation QCVN 1:2009/BKHCN;

c) For other types of gasoline and diesel fuel: Conduct quality inspection for each batch of finished gasoline and diesel fuel and only put into circulation batches that have announced applicable standards according to current national standards published by the Ministry of Science and Technology. The results of each batch's testing must be provided to distributors, retailers, and stored for presentation upon request from competent authorities;

d) When using non-standard additives in the production and blending of gasoline and diesel fuel, traders must register the use of such additives and obtain approval for registration according to Circular No. 15/2009/TT-BKHCN dated June 2, 2009 issued by the Minister of Science and Technology.

Article 12. Quality of gasoline and diesel fuel in distribution

Traders acting as general agents, agents, stores, and retail outlets for gasoline and diesel fuel must comply with the following quality management regulations:

1. Publicly notify at easily visible locations for consumers information about the name and type of gasoline and diesel fuel. Supply gasoline and diesel fuel in accordance with the notified quality and type.

2. Maintain product quality records (including name, type, announced standard, origin, quality certificate) for each type of gasoline and diesel fuel when received from distributors.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect 45 days from the date of signature and replaces Circular No. 29/2007/TT-BKHCN dated December 25, 2007 issued by the Ministry of Science and Technology guiding conditions to ensure quality and measurement accuracy for the business of motor gasoline and diesel fuel as stipulated in Decree No. 55/2007/NĐ-CP dated April 6, 2007 of the Government on the business of gasoline and diesel fuel.

Article 14. Implementation Organization

1. In cases where legal documents, national technical regulations, and standards cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.

2. The National Standardization, Metrology, and Quality Control Administration shall organize the implementation of this Circular.

3. During the implementation process, if there are difficulties, relevant agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Science and Technology for consideration and resolution./.