Decree No. 118/2011/ND-CP Amending and Supplementing Administrative Procedures in the Field of Gasoline and Liquefied Petroleum Gas Business

DECREE

Amending and supplementing administrative procedures in the field of gasoline and liquefied petroleum gas business

 _______________________________

THE GOVERNMENT

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

Considering the proposal of the Minister of Industry and Trade,

DECREE

Article 1. Amending and supplementing some articles of Decree No. 84/2009/NĐ-CP dated October 15, 2009 of the Government on gasoline business

1. Replace the phrase "certified true copy" stipulated in Decree No. 84/2009/NĐ-CP with the phrase "copy".

2. Supplement Clause 12 as follows: Article 3 as follows:

"12. Copy means:

a) Certified copy (for cases where the application dossier is submitted via postal service or administrative correspondence);

c) Scans from original documents (if electronic submission of administrative procedures is applied).

c) Scanned copy from the original (if the administrative procedure allows submission via electronic network)."

3. Clause 6 of Article 8 is amended and supplemented as follows:

"6. The permit for exporting and importing gasoline shall be revoked in the following cases: expiration of its validity period; the trader ceases to engage in exporting and importing gasoline activities; the trader is declared bankrupt according to the law; violation of export and import conditions as prescribed in Article 7 of this Decree and other cases as provided by law."

4. Point b of Clause 3 of Article 16 is amended and supplemented as follows:

"b) Within twenty (20) working days from the date of receipt of the dossier as prescribed, the Department of Industry and Trade shall be responsible for examining, assessing, and issuing the Certificate of Eligibility for Gasoline Business according to Model No. 4 attached to this Decree to the trader. In case of refusal to issue the Certificate, the Department of Industry and Trade must reply in writing and specify the reasons."

5. Supplement Article 23a as follows: Article 23 as follows:

"Article 23a. Procedure for allocating minimum import quota for gasoline

1. Annually, based on the situation of gasoline imports in the year and the development plan for the next year, traders engaged in exporting and importing gasoline shall register the minimum import quota for gasoline with the Ministry of Industry and Trade.

2. The registration dossier includes:

a) A letter requesting the allocation of the minimum import quota, specifying the quantity and type of gasoline;

b) Report on the situation of gasoline imports by the unit in the year.

3. One (01) set of dossier must be submitted."

Article 2. Amending and supplementing some articles of Decree No. 107/2009/NĐ-CP dated November 26, 2009 of the Government on liquefied petroleum gas business

1. Replace the phrase "certified true copy issued by the competent authority" stipulated in Decree No. 107/2009/NĐ-CP with the phrase "copy".

2. Supplement Clause 18 as follows: Article 3 as follows:

"18. Copy means:"

a) Certified copy (for cases where the application dossier is submitted via postal service or administrative correspondence);

c) Scans from original documents (if electronic submission of administrative procedures is applied).

c) Scanned copy from the original (if the administrative procedure allows submission via electronic network)."

3. Amending and supplementing Article 17 is amended as follows:

"Article 17. Issuance of Certificate of Eligibility for LPG Refilling

1. The Department of Industry and Trade shall be responsible for issuing the Certificate of Eligibility for each refilling station according to the provisions of this Article.

2. The application dossier for the Certificate of Eligibility for LPG Refilling consists of one (01) set, including:

a) Application form for the Certificate of Eligibility for LPG Refilling according to Model III attached to this Decree.

b) Copies of:

- Business registration certificate, which includes the registration of LPG refilling and tanker truck operations;

- Inspection report of machines and equipment requiring strict safety control at the refilling station;

- Inspection reports of individual measuring instruments and devices in the station: weight scales, volume gauges, pressure gauges, and other equipment and tools;

- Fire prevention and firefighting eligibility certificate;

- LPG refilling procedures, machine operation procedures, emergency handling procedures, and safety regulations;

- Construction permit.

c) Floor plan (minimum size A2) including information about: location of storage tanks, refilling stations, entry or exit points for LPG tankers, warehouses, workshops, vehicle lanes, fire alarm and firefighting equipment, LPG pipeline system, electrical system, and shutdown control system. The floor plan must clearly indicate the capacity of storage tanks; the position, size, and minimum safe distance as specified in Appendix IX attached to this Decree.

3. Within three (03) working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the trader about the completeness and legality of the dossier.

Within ten (10) working days from the date of receipt of the complete dossier as prescribed in this Article, the Department of Industry and Trade shall examine, assess, and issue the Certificate of Eligibility for LPG Refilling according to the model specified in Appendix IV attached to this Decree; if not issued, it must provide a written response and specify the reasons.

4. The trader who has been issued the Certificate of Eligibility for LPG Refilling must pay fees and charges as prescribed by the Ministry of Finance."

4. Amend Clause 2 of Article 30 is amended as follows:

"2. Within three (03) working days from the date of receipt of the dossier, the Department of Industry and Trade shall notify the trader about the completeness and legality of the dossier.

Within seven (07) working days from the date of receipt of the valid dossier, the Department of Industry and Trade shall examine, assess, and issue the Certificate of Eligibility for LPG Retail Store according to the model specified in Appendix II attached to this Decree, valid for five (05) 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."

5. Remove the requirement to submit "Certificate of Security and Public Order Conditions issued by the authorized police agency" as follows:

Remove the requirement to submit "Certificate of Security and Public Order Conditions issued by the authorized police agency" stipulated in Clause 6 of Article 16; Clause 5 of Article 17; Clause 2 of Article 26; Clause 3 of Article 29; Point c of Clause 1 of Article 30; Clause 4 of Article 33; Point d of Clause 1 of Article 34; Clause 3 of Article 37; Point d of Clause 1 of Article 38; Point b of Clause 6 of Article 56 of Decree No. 107/2009/NĐ-CP.

6. Remove the requirement to submit "Certificate issued to each staff member working at the LPG refueling station who has been trained and instructed" and "Certificate issued to each staff member working at the LPG distribution station who has been trained and instructed" as follows:

Remove the requirement to submit the "Certificate issued to each staff member working at the LPG refueling station who has been trained and instructed in accordance with Clause 3, Article 6 of this Decree" stipulated in Point d, Clause 1, Article 34 of Decree No. 107/2009/NĐ-CP and the "Certificate issued to each staff member working at the LPG supply station who has been trained and instructed in accordance with Clause 3, Article 6 of this Decree" stipulated in Point d, Clause 1, Article 38 of Decree No. 107/2009/NĐ-CP.

7. Clause 2, Article 34 shall be amended and supplemented as follows:

“2. Within seven (07) working days from the date of receipt of the dossier in accordance with the regulations, the Department of Industry and Trade shall examine, review, and issue the Certificate of Eligibility for Refueling LPG into Vehicles for each refueling station according to the model prescribed in Appendix VIII attached to this Decree; in case of non-issuance, a written response must be provided, stating the reasons so that the trader can continue to complete the dossier in accordance with the regulations to obtain the Certificate of Eligibility for Refueling LPG into Vehicles.”

8. Change the name of the procedure for issuing the "Certificate of Eligibility for Operating Liquefied Petroleum Gas Business" as follows:

Replace the phrases "Certificate of Eligibility for Operating LPG Business" in Article 29 and in Point a, Clause 1 and Clause 2, Article 30, the phrase "Certificate of Eligibility for Operating Bottled LPG Business" in Clause 1 and Clause 3, Article 30 and in Point a, Clause 3, Article 58, the phrase "Certificate of Eligibility for Operating Bottled LPG Sales Store" in the title of Article 30 and in Point b, Clause 1, Article 56, Point h, Clause 1, Article 58, the phrase "Certificate of Eligibility for Operating Business" in Clause 3, Article 59, the phrase "Certificate of Eligibility for Operating Liquefied Petroleum Gas Sales Store" in Appendix I, the phrase "Certificate of Eligibility for Operating Liquefied Petroleum Gas Business" in Appendix I and Appendix II, the phrase "Certificate of Eligibility for Operating Liquefied Petroleum Gas Sales Store" in Appendix II of Decree No. 107/2009/NĐ-CP with the phrase "Certificate of Eligibility for Operating Liquefied Petroleum Gas Business for Bottled LPG Sales Stores."

9. Abolish the requirement to submit: "List of technical facilities, accompanied by supporting documents" as follows:

Abolish the requirement to submit: "List of technical facilities, accompanied by supporting documents" at the end of Appendices I, III, V, VII of Decree No. 107/2009/NĐ-CP.

Article 3. Effectiveness

This Decree takes effect from February 1, 2012.

Article 4. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central city, and related organizations and individuals are responsible for implementing this Decree./.