Circular No. 11/2016/TT-BKHCN guiding the registration of gas blending facilities

CIRCULAR

Guidelines for registering gas blending facilities

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Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Goods Quality dated November 21, 2007;

Pursuant to the Law on Measurement dated November 11, 2011;

Pursuant to Decree No. 19/2016/NĐ-CP dated March 22, 2016 of the Government on gas business;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the General Director of the Standardization, Measurement and Quality Control Department and the Director of the Legal Department,

The Minister of Science and Technology issues this Circular guiding the registration of gas blending facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the registration of gas blending facilities in Vietnam, including liquefied petroleum gas (LPG), liquefied natural gas (LNG), and compressed natural gas (CNG).

Article 2. Applicability

1. This Circular applies to the following entities:

a) Gas traders who are key gas suppliers and key gas blending suppliers (hereinafter referred to as traders);

b) State management agencies responsible for measurement, quality, and other relevant state agencies, organizations, and individuals.

2. This Circular does not apply to traders importing, producing, or blending specialized gases for their own specific needs without putting them into circulation on the market as registered with the Ministry of Industry and Trade.

Article 3. Principles of Gas Quality Management

1. For liquefied petroleum gas (LPG) products within the scope regulated by the national technical regulation QCVN 8:2012/BKHCN on liquefied petroleum gas (LPG) (hereinafter referred to as the national technical regulation) issued by the Minister of Science and Technology:

Traders producing, blending, and importing gas must implement the quality management measures prescribed in the national technical regulation before circulating on the market.

2. For liquefied natural gas (LNG) and compressed natural gas (CNG) products outside the scope regulated by the national technical regulation:

Traders producing, blending, and importing gas must announce the applicable standards before circulating on the market and ensure that the gas quality meets the announced standards when circulating on the market. The standards used for announcement shall be implemented in accordance with the provisions of laws on standards and technical regulations.

Chapter II

PROCEDURES AND REQUIREMENTS FOR REGISTERING GAS BLENDING FACILITIES IN VIETNAM

Article 4. Documents for Registering Gas Blending Facilities

1. In case of new registration, the documents include:

a) A gas blending facility registration application form according to Model 1 - DDK stipulated in the Appendix attached to this Circular;

b) Business registration certificate (for gas producers) or Certificate of Eligibility for Export and Import of Gas issued by the Ministry of Industry and Trade (for traders engaged in export and import of gas);

c) Procedures, documentation proving the establishment, implementation, and maintenance of a quality management system according to the national standard TCVN ISO 9001 : 2008 or a specialized oil and gas quality management system according to ISO/TS 29001 : 2013.

If the trader has a Certificate of Conformity to the TCVN ISO 9001 : 2008 or ISO/TS 29001: 2013 standard issued by a certification organization meeting the product quality regulations, the trader shall submit a copy of this certificate.

d) An explanation of the capacity of each gas blending facility, including the following basic information:

- Name of finished gas product; Declaration of applied standards and certificates of conformity to the declared standards of the finished gas blended at the facility;

- Blending methods used and corresponding storage tanks and equipment;

- List of types, quality, and origin of raw materials and additives used in the blending process of various finished gas products;

- Laboratory testing capacity currently available at the gas blending facility. If the facility does not have a laboratory capable of testing all quality indicators according to the national technical regulation and announced standards, the trader must invest in equipment to ensure sufficient capacity to test gas quality according to the national technical regulation and announced standards within one year from the date of issuance of the Certificate of Eligibility for Export and Import of Gas.

During the period of investing in testing equipment, the trader may enter into service contracts with testing organizations that comply with the product quality laws and have the appropriate technical capabilities and scope to test and analyze the quality indicators of gas according to the national technical regulation and announced standards. Contracts signed with external testing organizations must be updated in the registration documents.

In cases where the national technical regulation is amended, supplemented, or replaced, the trader must invest in testing equipment according to the guidance of the National Standardization Agency;

- Quality control plan for gas products during the blending process must clearly specify the inspection procedures, testing procedures, blending procedures, self-inspection and testing plans for each batch of gas products; technical documents;

- Safety inspection plan for machinery, equipment, and production lines to promptly detect and rectify any signs of non-compliance with safety requirements throughout the blending process;

- Fire prevention, firefighting, and environmental protection regulations in accordance with laws on fire prevention and environmental protection.

2. In case of amendment or supplementation, the documents include:

a) An application for amendment or supplementation of the gas blending facility registration certificate according to Model 3 - DDK - DCBS stipulated in the Appendix attached to this Circular;

b) An explanation of the capacity of each gas blending facility (for amended or supplemented content) including the following basic information:

- Name of finished gas product; Declaration of applied standards and certificates of conformity to the declared standards of the finished gas blended at the facility;

- Blending methods used and corresponding storage tanks and equipment;

- List of types, quality, and origin of raw materials and additives used in the blending process of various finished gas products;

- Laboratory testing capacity as stipulated in point d, Clause 1 of this Article;

- Quality control plan for gas products during the blending process clearly specifying the inspection procedures, testing procedures, blending procedures, self-inspection and testing plans for each batch of gas products; technical documents (for amended or supplemented content).

3. In case of reissue, the documents include:

a) An application for reissuance of the gas blending facility registration certificate according to Model 4 - DDK - CL stipulated in the Appendix attached to this Circular;

b) Report on the blending activities during the validity period of the gas blending facility registration certificate (up to the time of reapplication);

c) Original damaged gas blending facility registration certificate (if applicable) for cases where the certificate is damaged.

4. Ninety days before the Certificate expires, if the trader continues to blend gas, they must prepare a registration dossier as prescribed in Clause 1 of Article 4 of this Decree and submit it to the General Department of Standardization, Metrology and Quality.

Article 5. Forms of Submission of Dossiers

The gas traders shall prepare one set of dossier in accordance with Article 4 and submit it through one of the following methods:

1. In cases where the dossier is submitted directly at the office of the General Department of Standardization, Metrology and Quality, the Certificates specified in points b and c of Clause 1 of Article 4 of this Circular do not require certification; the trader must present the original for verification.

2. In cases where the dossier is sent via postal service, the Certificates specified in points b and c of Clause 1 of Article 4 of this Circular, the trader must submit certified copies from the originals.

3. In cases where the application is submitted through the Standardization, Measurement, and Quality Control General Department's electronic portal, the submission shall be conducted in accordance with the online public service procedure.

Article 6. Procedures for Issuing Blending Gas Facility Registration Certificates

1. Issuance of New Certificates

a) A new Certificate applies to the case where the trader blends gas for the first time.

b) If the dossier is complete, within five working days from the date of receipt of the trader's dossier, the General Department of Standardization, Metrology and Quality will conduct an examination and issue the Certificate according to Model 2.GCN stipulated in the Appendix attached to this Circular to the trader's blending gas facility with a validity period not exceeding five years from the date of issuance.

c) If the dossier is incomplete due to missing components as prescribed in this Circular, within three working days from the date of receipt of the trader's dossier, the General Department of Standardization, Metrology and Quality will issue a written request for the trader to supplement the dossier.

After thirty days from the date of notification requesting the trader to supplement the dossier but not receiving an explanation for the inability to provide a complete dossier, the General Department of Standardization, Metrology and Quality will issue a written notice rejecting the issuance of the Certificate, specifying the reasons. In cases where the trader still wishes to blend gas after being rejected, the trader needs to prepare a new set of dossier according to Clause 1 of Article 4 of this Circular.

d) If the dossier is complete but contains invalid information or there are requirements from competent state agencies or information reflecting signs of violations related to the dossier, the General Department of Standardization, Metrology and Quality will conduct an on-site examination at the trader's blending gas facility within twenty working days from the date of receipt of the dossier. In cases where technical reasons or objective factors delay the on-site examination, the inspection team will report to the General Department of Standardization, Metrology and Quality for consideration and decision to extend the examination period, but not exceeding seven working days. The costs for the inspection activities of experts or inspection teams shall be borne by the trader in accordance with current laws.

Within five working days from the date of receipt of the on-site examination record and the results of corrective actions meeting the requirements (if any), the General Department of Standardization, Metrology and Quality will issue the Certificate according to Model 2.GCN stipulated in the Appendix attached to this Circular to the trader's blending gas facility with a validity period not exceeding five years from the date of issuance.

In cases where the examination results do not meet the requirements, within five working days, the General Department of Standardization, Metrology and Quality will notify the trader in writing and specify the reasons.

2. Issuance of Amended and Supplemental Certificates

a) An amended and supplemental Certificate applies to cases where the trader has changes in their blending gas facility as follows:

- Change of address for blending gas;

- Change of type of blended gas (including changes in applicable standard declarations);

- Change of blending gas technology equipment (accompanied by relevant dossiers regarding the changed technology content).

b) The procedures and processes for examining the dossier are carried out in accordance with the provisions of Clause 1 of this Article.

c) The validity period of the amended and supplemental Certificate is the same as that of the previously issued Certificate.

3. Reissuance of Certificates

a) A reissued Certificate applies to cases where the trader has a valid Certificate but it is lost, misplaced, or damaged.

b) Within the validity period of the Certificate, if the trader requests a reissue of the Certificate, the trader must prepare one set of reissue application dossier according to Clause 3 of Article 4 of this Circular and submit it to the General Department of Standardization, Metrology and Quality.

c) Within five working days from the date of receipt of a complete dossier, the General Department of Standardization, Metrology and Quality will review and reissue the Certificate. The validity period of the reissued Certificate is the same as that of the previously issued Certificate. In cases where the requirements are not met, the General Department of Standardization, Metrology and Quality will issue a written response and specify the reasons.

Article 7. Suspension and Revocation of the Registration Certificate for Gas Blending Facilities

1. The Standardization, Measurement and Quality Control Department shall examine and implement the suspension of the validity of the Registration Certificate for Gas Blending Facilities issued in the following cases:

a) Violation of measurement regulations at gas blending facilities;

b) The gas blending facility does not fully implement the quality control plan;

c) Discovery of gas products that do not meet national technical standards or announced standards circulating on the market distributed from this gas blending facility;

d) Suspension of the validity of the Certificate of Eligibility for Exporting and Importing Gas;

đ) Failure to comply with the provisions set out in point a, Clause 2, Article 6 of this Circular.

2. The Standardization, Measurement and Quality Control Department shall guide the procedures and formalities for suspending and revoking the validity of the Registration Certificate for Gas Blending Facilities and, based on the level of violation, consider implementing the revocation of the validity of the Registration Certificate for Gas Blending Facilities issued in the following cases:

a) Failure to meet the conditions for exporting and importing and production and processing of gas;

b) The Certificate of Eligibility for Exporting and Importing Gas of the trader has been revoked by the competent authority;

c) Repeated violations of measurement and quality regulations in gas trading.

Chapter III

RESPONSIBILITIES OF GAS BLENDERS AND RELATED STATE AUTHORITIES

AND THE RELATED STATE AUTHORITIES

Article 8. Responsibilities of Gas Blenders

1. Comply with and implement the provisions of this Circular.

2. Only place on the market types of gas that meet the quality requirements stipulated in this Circular.

3. Be subject to inspection and supervision by competent authorities in gas blending activities.

4. Periodically report annually in December or at any time when required, to the Standardization, Measurement and Quality Control Department, including the following contents:

- Blended gas products;

- Quantity of blended gas;

- Consumption situation;

- Difficulties, obstacles, and recommendations.

5. Retain all registration dossier components for gas blending facilities as prescribed in this Circular.

Article 9. Responsibilities of the Standardization, Measurement and Quality Control Department

1. Issue guidance documents on the procedures and formalities for suspending and revoking the validity of the Registration Certificate for Gas Blending Facilities as stipulated in this Circular.

2. Designate organizations with the appropriate capacity to conduct conformity assessment of gas according to national technical standards and the provisions of this Circular.

3. Receive, review, and issue the Registration Certificate for Gas Blending Facilities. Suspend and revoke the validity of the Registration Certificate for Gas Blending Facilities of traders.

4. Conduct inspections and checks on gas blending activities as stipulated in this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular takes effect from January 1, 2017.

Article 11. Implementation Organization

1. In case the legal regulatory documents, national technical standards, standards, and referenced documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.

2. Science and Technology Inspection Agencies and other inspection agencies as provided by laws on administrative violations, within their functions, tasks, and powers, shall carry out inspections and handle administrative violations related to gas blending activities.

3. The Standardization, Measurement and Quality Control Department shall guide and organize the implementation of this Circular.

4. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Science and Technology for consideration, handling, or amending and supplementing the provisions to ensure appropriateness./.