Consolidated Document No. 11/VBHN-BKHCN guiding the management of quality and measurement in liquefied petroleum gas (LPG) business.

MINISTRY OF SCIENCE AND TECHNOLOGY TECHNOLOGY	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 11/VBHN-BKHCN	Hanoi, February 27, 2015

CIRCULAR

GUIDELINES ON QUALITY MANAGEMENT AND MEASUREMENT IN THE BUSINESS OF LIQUEFIED PETROLEUM GAS

Circular No. 12/2010/TT-BKHCN dated July 30, 2010, issued by the Minister of Science and Technology guiding on quality management and measurement in the business of liquefied petroleum gas, which became effective from September 13, 2010, was amended and supplemented by:

Circular No. 15/2013/TT-BKHCN dated July 12, 2013, issued by the Minister of Science and Technology amending and supplementing Clause 2, Article 5 of Circular No. 12/2010/TT-BKHCN dated July 30, 2010, issued by the Minister of Science and Technology guiding on quality management and measurement in the business of liquefied petroleum gas, which became effective from August 30, 2013.

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. 107/2009/NĐ-CP dated November 26, 2009, promulgated by the Government on the business of liquefied petroleum gas;

The Minister of Science and Technology guides on quality management and measurement in the business of liquefied petroleum gas as follows:[1]

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides on quality management and measurement for liquefied petroleum gas in business activities; procedures and formalities for issuing Certificates of Eligibility for Production and Processing of Liquefied Petroleum Gas, Certificates of Quality for the first production of Liquefied Petroleum Gas, and implementation organizations.

Article 2. Applicability

1. This Circular applies to organizations and individuals engaged in the business of liquefied petroleum gas, including one, some, or all of the following activities: export, import, production, processing, storage, filling, supply, distribution, and transportation of liquefied petroleum gas on the Vietnamese market.

a) Imports and temporary imports for re-export by subjects entitled to preferential treatment or exemption, implemented according to separate regulations of the Government and the Prime Minister;

a) Temporary importation, re-exportation, or transit of liquefied petroleum gas.

b) Importation, production, and processing of liquefied petroleum gas exclusively for specific needs of traders, not for business purposes and not for circulation on the market.

Article 3. Explanation of Terms

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

1. Trader: as defined in Clause 1, Article 6 of the Trade Law.

2. Measurement terms: according to current laws on measurement.

3. Liquefied Petroleum Gas (LPG).

4. Other terms related to liquefied petroleum gas (LPG) shall be applied as provided in Article 3 of Decree No. 107/2009/NĐ-CP dated November 26, 2009, promulgated by the Government on the business of liquefied petroleum gas (hereinafter referred to as Decree No. 107/2009/NĐ-CP).

Chapter II

QUALITY MANAGEMENT OF LPG IN BUSINESS ACTIVITIES

Article 4. Quality of Exported LPG

Traders must ensure the following requirements for the quality of exported LPG:

1. The quality of exported LPG must meet the requirements of the importing country.

2. In case the imported country returns the LPG, the quality management of LPG shall be carried out in accordance with the provisions of Article 5 of this Circular.

3. Staff directly involved in the export of LPG must be trained and issued a Certificate of Completion of Training Programs on Quality Management of LPG in Business Activities.

Article 5. Quality Imported LPG

Traders must ensure the following requirements for the quality of imported LPG:

1. Announce standards applicable to imported LPG products, ensuring that the content does not conflict with national technical regulations and national standards currently in force. Ensure that the quality of imported LPG is consistent with the announced standards before being put into circulation on the market.

2.[2] Imported LPG must be evaluated for compliance with the provisions of National Technical Regulation No. 8:2012/BKHCN on liquefied petroleum gas (hereinafter referred to as QCVN 8:2012/BKHCN), and undergo state inspection for quality in accordance with Circular No. 27/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology on the state inspection of quality of imported goods under the responsibility of the Ministry of Science and Technology before customs clearance procedures. Within one working day from the date of receipt of a complete and valid application for quality inspection, the inspection agency will issue a notification of the results of the state inspection of quality of imported goods to the importer to process customs clearance for the consignment.

a) In cases where there is no participation in signing agreements recognizing the conformity assessment results for LPG with foreign conformity assessment organizations, the designated conformity assessment organization shall conduct conformity assessment for imported LPG in accordance with QCVN 8:2012/BKHCN.

b) In cases where there is participation in signing and implementing agreements recognizing the conformity assessment results for LPG with foreign conformity assessment organizations, the designated conformity assessment organization is permitted to use the conformity assessment results of foreign organizations that have signed recognition agreements to issue quality certificates for imported LPG and bear responsibility for their own conformity assessment results.

At the same time, the designated conformity assessment organization must take samples from each consignment of imported LPG before completing the transfer of LPG into storage tanks and test the quality of all technical indicators specified in QCVN 08:2012/BKHCN. Testing of LPG must be conducted at designated testing organizations.

- If the test results of the sample of the imported LPG consignment are in compliance with QCVN 08:2012/BKHCN, the designated conformity assessment organization is permitted to continue implementing the recognized agreement in accordance with the provisions.

- If the test results of the sample of the imported LPG consignment are not in compliance with QCVN 08:2012/BKHCN:

+ The trader is responsible for temporarily suspending imports until the non-compliant consignment of imported LPG is processed, simultaneously stopping circulation, tracing the origin, recalling the non-compliant consignment (including non-compliant LPG mixed with other LPG) already circulating on the market, taking corrective actions for the non-compliant consignment, and reporting to the quality inspection agency for consideration and handling in accordance with current regulations.

+ The designated conformity assessment organization must suspend the implementation of the recognition agreement and conduct conformity assessment for subsequent consignments of imported LPG in accordance with Point a of this Clause.

After two (02) consecutive imported LPG batches have evaluation results that comply with the provisions of QCVN 8:2012/BKHCN, the conformity assessment body shall be permitted to continue implementing the mutual recognition agreement upon receipt of approval documentation from the General Department of Standardization, Metrology, and Quality Control.

3. Product labeling for bottled LPG in accordance with current regulations.

4. Personnel directly involved in LPG import activities must be trained and issued a Certificate of Completion of the LPG Quality Management Vocational Training Program in business operations.

Article 6. Quality of LPG in production and processing

The trader must meet the following requirements:

1. The quality testing laboratory must have testing equipment, testing staff, and facilities that meet the requirements for testing all quality indicators of LPG according to current national standards and technical regulations.

The trader must establish and implement a quality management system for the LPG testing laboratory in accordance with the national standard TCVN ISO/IEC 17025 : 2007 or the international standard ISO/IEC 17025 : 2005.

For laboratories that do not have the conditions to test all quality indicators according to current national standards and technical regulations, the trader may use external laboratories to test the untested indicators and such use must be evidenced by a testing service provision contract. These external laboratories must have established and implemented a quality management system in accordance with the national standard TCVN ISO/IEC 17025 : 2007 or the international standard ISO/IEC 17025: 2005.

2. Establish and implement a quality management system in accordance with the national standard TCVN ISO 9001 : 2008 or the oil and gas industry-specific quality management system ISO/TS 29001 : 2007 - Petroleum, petrochemicals, and natural gas industries - Industry-specific quality management system - Requirements for organizations providing products and services.

3. Establish and implement an environmental management system in accordance with the national standard TCVN ISO 14001 : 2005 or the international standard ISO 14001 : 2004.

4. Personnel directly involved in LPG quality management activities in production and processing must be trained and issued a Certificate of Completion of the LPG Quality Management Vocational Training Program in business operations.

5. Announce the applicable standards for LPG products, ensuring that the content does not conflict with current national standards and technical regulations and guarantees that the LPG quality meets the announced standards before being put on the market. The standard announcement activities shall be carried out in accordance with current laws.

In cases where there are national technical regulations, quality management measures shall be implemented in accordance with the provisions of current national technical regulations.

6. Obtain a Certificate of Eligibility for LPG Production and Processing in accordance with Article 11 of Chapter IV of this Circular.

7. For new traders starting production and processing, before putting LPG products on the market for the first time, they must undergo inspection and obtain a Certificate of Quality Compliance in accordance with Article 12 of Chapter IV of this Circular.

Article 7. Quality of LPG at supply stations and refilling stations

Supply stations for LPG, refilling stations for LPG into cylinders, refilling stations for LPG into automobiles and tank trucks must meet the following requirements:

1. Maintain product quality records (including name, type, announced standard, origin, quality certificate) for each type of LPG supplied to the station by distributors.

2. Shall not alter the quality of LPG in any form during the supply and refilling process.

3. Label products according to current regulations before putting bottled LPG on the market.

4. Establish and apply a quality management system in accordance with national standard TCVN ISO 9001 : 2008 or international standard ISO/TS 29001.

5. Staff directly involved in the supply and refilling of LPG must be trained and issued a Certificate of Completion of LPG Quality Management Training Program in business operations.

Article 8. Quality of LPG in storage facilities, distribution centers, transportation units, and retail stores selling LPG

1. Staff directly managing quality must be trained and issued a Certificate of Completion of LPG Quality Management Training Program in business operations.

2. For retail stores selling LPG.

a) Require distributors of LPG to provide product quality records (including name, type, announced standard, origin, quality inspection certificates) for each batch of LPG imported into the store.

b) Bottled LPG must have labels and ensure quality in compliance with announced standards.

Chapter III

MANAGEMENT OF MEASUREMENT FOR LPG IN BUSINESS OPERATIONS

Article 9. For export, import, production, processing, and distribution of LPG

Exporters, importers, producers, processors of LPG; owners of supply stations for LPG, refilling stations for LPG into automobiles, refilling stations for LPG into cylinders and tank trucks must comply with the following measurement management regulations:

1. Measuring instruments used to determine the quantity of LPG 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) Parts and components of measuring instruments must be consistent with approved measuring instrument models.

c) Must have a measurement range suitable for the quantity of LPG 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 mechanisms and parts to form a measurement system used to determine the quantity of LPG in transactions and settlements between organizations and individuals, such measurement system must meet technical measurement requirements as stipulated by laws on measurement.

3. In accordance with the manufacturer's instructions, periodically self-check the measuring function of dedicated equipment to ensure sufficient quantity of LPG sold to customers.

4. Measurement errors in determining the quantity of LPG in transactions and settlements with organizations and individuals must meet the following requirements:

a) Not exceed 1.5 times the permissible error limit of the measuring instrument specified in Clause 1 or the measurement system specified in Clause 2 of this Article when using these measuring instruments or systems to determine the quantity of LPG.

b) Ensure measurement requirements for pre-packaged goods as stipulated by current measurement laws when LPG is packaged into cylinders.

5. Staff directly engaged in measurement activities must be trained and issued a Certificate of Completion of LPG Measurement Management Training Program in business operations.

Article 10. Regarding LPG retail stores

LPG retail stores must comply with the following regulations on measurement management:

1. To have available scales with appropriate accuracy levels and measurement ranges suitable for weighing purposes, ready to perform verification measurements when requested. These measuring instruments 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) To be placed at convenient locations for LPG buyers to check the measurement results.

2. Staff directly involved in measurement activities must be trained and issued a Certificate of Completion of Measurement Management Training Program in LPG Business.

Chapter IV

PROCEDURE AND FORMALITIES FOR ISSUING TECHNICAL QUALIFICATION CERTIFICATES FOR PRODUCTION AND PROCESSING OF LPG AND FIRST TIME QUALITY CONFIRMATION CERTIFICATES FOR PRODUCED LPG

Article 11. Procedure and formalities for issuing technical qualification certificates for production and processing of LPG

1. Application for issuance of Technical Qualification Certificates for Production and Processing of LPG

LPG producers and processors shall prepare one set of application dossier for issuance of Technical Qualification Certificates for Production and Processing of LPG and submit it to the General Department of Standardization, Metrology and Quality Control. The dossier includes:

a) Application form for issuance of Technical Qualification Certificates for Production and Processing of LPG (as prescribed in Appendix I of this Circular).

b) Copies of the following documents:

- Business Registration Certificate or Investment Certificate or Decision on Establishment of Enterprise;

- Calibration Certificate for measuring instruments used in LPG trading and settlement;

- Registration Certificate for using machinery and equipment with strict safety requirements issued by agencies under the Ministry of Labor, Invalids and Social Affairs still in effect;

- Quality Management System Certification compliant with National Standard TCVN ISO 9001:2008 or International Standard ISO/TS 29001:2007;

In case there is no certificate, the business entity needs to submit copies of documents regarding the established quality management system;

- Environmental Management System Certification compliant with National Standard TCVN ISO 14001:2005 or International Standard ISO 14001:2004 (if applicable);

In case there is no certificate, the business entity needs to submit copies of documents regarding the established quality management system;

- Certificate of completion of quality management and measurement training program for staff.

c) Description of production and processing capacity including the following basic information:

- Name of finished LPG product; Declaration of applied standards and quality certification consistent with the declaration; Quality certification must be issued by conformity assessment organizations registered in the relevant field according to Circular No. 08/2009/TT-BKHCN dated April 8, 2009 of the Minister of Science and Technology guiding requirements, procedures, and formalities for registering fields of conformity assessment activities;

- Annual production volume, storage tank system, corresponding production technology and equipment;

- List of types, quality, and origin of raw materials and additives used in the production and processing process;

- Production system diagram, technical characteristics of equipment and technology;

- Laboratory testing capability, in cases where external laboratories are used, a full list of testing organizations and test parameters provided by them must be listed;

- Product label samples for each type of bottled LPG.

d) Quality control plan for LPG during production and before releasing products to market circulation.

2. Review of application dossier and issuance of certificates

Within thirty working days from the date of receipt of complete and valid application dossier, the General Department of Standardization, Metrology and Quality Control will review the dossier, organize actual inspections and evaluations at production and processing facilities.

Based on inspection and evaluation results, the General Department of Standardization, Metrology and Quality Control will make appropriate decisions:

a) Issue the Technical Qualification Certificate (as prescribed in Appendix II of this Circular) if the business entity meets the requirements;

b) In case of non-issuance of the certificate, the business entity will be notified of the reasons in writing.

Article 12. Procedure and formalities for reissuing Technical Qualification Certificates for Production and Processing of LPG

1. At least one month before the expiration of the Technical Qualification Certificate for Production and Processing of LPG, if there is a need to continue producing and processing LPG, the business entity shall prepare one set of application dossier for reissuance of the certificate and submit it to the General Department of Standardization, Metrology and Quality Control. The reissuance application dossier includes:

a. Reapplication form for Technical Qualification Certificate for Production and Processing as prescribed in Appendix III of this Circular;

b. Report on production and processing activities and quality control of LPG during the validity period of the previously issued certificate;

c. Explanation of development orientation and production plan for the next three years;

2. Within fifteen working days from the date of receipt of complete and valid application dossier, the General Department of Standardization, Metrology and Quality Control will review the dossier, organize actual inspections (if necessary), and reissue the Technical Qualification Certificate for Production and Processing as prescribed in Appendix II of this Circular. In case of non-issuance of the certificate, the business entity will be notified of the reasons in writing.

Article 13. Procedure and formalities for issuing first-time quality confirmation certificates for produced LPG

1. Application for issuance of first-time quality confirmation certificates for produced LPG:

The business entity shall prepare one set of application dossier for issuance of first-time quality confirmation certificates for produced LPG and submit it to the General Department of Standardization, Metrology and Quality Control. The dossier includes:

a) Application form for issuance of quality confirmation certificate (as prescribed in Appendix IV of this Circular).

b) Technical information about LPG production including:

- Description of production and processing technology chain; annual production volume; storage tank system;

- Raw material source and raw material quality level;

- Laboratory testing capability and quality management system in production;

- Applied standard declaration for the product;

- A test result sheet for LPG testing according to the published standard issued by a competent testing laboratory. A competent testing laboratory is a laboratory that has registered its testing activity field in accordance with Circular No. 08/2009/TT-BKHCN dated April 8, 2009, guiding the requirements, procedures, and formalities for registering the conformity assessment activity fields as prescribed by the Minister of Science and Technology.

c) A copy of the Certificate of Completion of the Quality Management and LPG Measurement Business Training Program for staff members.

2. Reviewing the application and issuing the Confirmation Certificate

Within fifteen working days from the date of receiving a complete and valid application, the National Standardization, Metrology and Quality Control Department will review the application and organize the evaluation of LPG product quality.

Based on inspection and evaluation results, the General Department of Standardization, Metrology and Quality Control will make appropriate decisions:

a) Issue the Confirmation Certificate (in accordance with the form specified in Appendix V of this Circular) if the trader meets the requirements.

b) In case the Confirmation Certificate is not issued, the trader will be notified in writing of the reasons.

Confirmation Certificate The initial production quality confirmation certificate of LPG products serves as the basis for traders to continue producing and processing LPG and to implement quality management measures in accordance with current national standards and technical regulations.

Chapter V

IMPLEMENTATION PROVISIONS

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Article 14. Responsibilities of State Management Agencies

1. The National Standardization, Metrology and Quality Control Department shall be responsible for:

a) Organizing and implementing quality management and LPG measurement management activities as prescribed in this Circular;

b) Leading and coordinating with specialized agencies of relevant ministries and sectors to organize inspections and checks on the assurance of quality and measurement at LPG business establishments as prescribed in this Circular;

c) Organizing the development and approval of the content and training programs for quality management and LPG measurement business operations; disseminating them to Provincial and Central City Standardization, Metrology and Quality Control Bureaus to carry out training;

d) Providing detailed guidance on metrological requirements for measuring instruments and systems, and instructions on verification and measurement results;

đ) Reporting periodically every six months to the Ministry of Science and Technology on the situation regarding LPG quality and measurement management in business operations.

2. Provincial and Municipal Departments of Science and Technology shall be responsible for:

a) Leading and coordinating with related units to organize regular or spot checks on quality and quality assurance conditions, and measurement assurance at LPG refueling stations, LPG supply stations, LPG retail stores, and other distribution units located within their jurisdiction as prescribed in this Circular;

b) Reporting periodically every six months to the National Standardization, Metrology and Quality Control Department on the situation regarding LPG quality and measurement management in business operations.

c) Provincial and Central City Standardization, Metrology and Quality Control Bureaus shall be responsible for:

- Organizing training and issuing Certificates of Completion of the Quality Management and LPG Measurement Business Training Program (in accordance with the form specified in Appendix VI of this Circular) for staff directly managing quality and measurement at LPG business establishments based on the approved training program content by the National Standardization, Metrology and Quality Control Department;

- Reporting periodically every six months on the implementation of training and seminars to the National Standardization, Metrology and Quality Control Department.

Article 15. Responsibilities of Business Entities Engaging in LPG Trade

1. Adhere to the provisions regarding the rights and obligations of business entities as stipulated in Decree No. 107/2009/NĐ-CP.

2. Ensure the implementation of measures for managing LPG quality and measurement in accordance with the provisions of this Circular. Ensure that the quality of LPG when put into circulation on the market complies with the current national standards and technical regulations.

3. Implement provisions related to fire prevention and fighting, public security, and environmental protection in accordance with the current laws.

4. Be subject to inspection and supervision regarding measurement and quality in accordance with the provisions of this Circular and other relevant legal regulations.

5. Violations of the provisions of this Circular and related documents concerning the management of LPG quality and measurement in business operations will be handled according to the current legal provisions depending on the severity and nature of the violations.

Article 16. Transitional Provisions

Facilities that have carried out production and processing of LPG before the effective date of this Circular must complete registration for obtaining a Certificate of Eligibility for Production and Processing of LPG by March 31, 2011.

Article 17. Effective Date and Implementation

1. This Circular takes effect from December 31, 2010.

2. In cases where legal regulatory documents or standards specified in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.

3. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly report in writing to the Ministry of Science and Technology for consideration and decision.

Place of Receipt: - Minister (for reporting) - Office of the Government (for publication in the Official Gazette); - Official website of the Ministry of Science and Technology (for publication); - To be filed with: VT, TĐC, PC.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Tran Viet Thanh