Circular No. 12/2010/TT-BKHCN guiding management of quality and measurement in liquefied petroleum gas (LPG) business

CIRCULAR

Guidelines on Quality Management and Measurement for Liquefied Petroleum Gas Business

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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:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

1. This Circular applies to organizations and individuals engaged in liquefied petroleum gas business activities, including one, some, or all of the following activities: export, import, production, processing, storage, filling, supply, distribution, and transportation of liquefied petroleum gas in 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. Model No. 02: pursuant to Clause 1, Article 6, Law on Trade.

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

3. Liquefied Petroleum Gas (LPG), English name is Liquefied Petroleum Gas, hereinafter abbreviated as LPG.

4. Other terms related to liquefied petroleum gas (LPG) shall be applied in accordance with Article 3 of Decree No. 107/2009/ND-CP dated November 26, 2009 of the Government on liquefied petroleum gas business operations (hereinafter referred to as Decree No. 107/2009/ND-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 LPG returned by importing countries then the quality management of LPG shall be carried out Article 2. Effectiveness of enforcement as prescribed in Article 5 3. For discounting transferable instruments and other securities:

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, contents not contrary to national technical regulations and standards currently in force. Ensure that the quality of imported LPG meets the announced standards before being put into circulation on the market.

2. Imported LPG must undergo state inspection for quality before completing customs clearance procedures in accordance with Circular No. 17/2009/TT-BKHCN dated June 18, 2009 of the Minister of Science and Technology guiding state inspection of quality for imported goods under the management responsibility of the Ministry of Science and Technology.

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. Quality testing laboratories for LPG must have testing equipment, testing staff, and facilities meeting the requirements for testing LPG quality indicators according to national technical regulations and standards currently in force.

 Businesses must establish and apply a quality management system for LPG testing laboratories in accordance with national standard TCVN ISO/IEC 17025 : 2007 or international standard ISO/IEC 17025 : 2005.

For testing laboratories that do not meet the conditions to test all quality indicators according to national standards, technical regulations currently in force, businesses 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. Establish and apply a quality management system in accordance with national standard TCVN ISO 9001 : 2008 or specialized oil and gas industry quality management system ISO/TS 29001 : 2007 - Petroleum, Petrochemical and Natural Gas Industries - Specialized Quality Management System - Requirements for Organizations Providing Products and Services.

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

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

5. Announce standards applicable to LPG products, contents not contrary to national technical regulations and standards currently in force and ensure that the quality of LPG meets the announced standards before being put into circulation on the market. The announcement of standards 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 businesses starting production and processing, before putting LPG products into circulation for the first time on the market, they must be inspected and issued 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 LPG supply and filling activities 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 LPG distributors to provide product quality documentation (including name, type, announced standard, origin, quality certification certificates) for each batch of LPG entering 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

Businesses exporting, importing, producing, and processing LPG; owners of LPG supply stations, LPG filling stations for automobiles, and LPG filling stations for 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 models. measuring instruments.

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 structures and components to form ameasurement system used to determine the quantity of LPG in transactions between organizations and individuals this measurement system to seize, must meet the technical measurement requirements stipulated by the law 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 exceeding 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 involved in measurement activities must be trained and issued a Certificate of Completion of LPG Measurement Management Training Program in business operations.

Article 10. Group in the Field of Teachers and Educational Institution Managers store sell LPG

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 LPG Measurement Management Training Program in business operations.

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

Businesses producing and processing LPG shall prepare one set of registration documents for the Certificate of Technical Eligibility for LPG Production and Processing and send them to the General Department of Standardization, Metrology, and Quality Control. The documents include:

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 applicable standards and quality certificates consistent with the declaration; Quality certificates must be issued by conformity assessment organizations registered for their fields of operation in Circular No. 08/2009/TT-BKHCN dated April 8, 2009, guiding requirements, procedures, and formalities for registering fields of conformity assessment activities. 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. Procedures and formalities for reissuing the Certificate of Technical Conditions for LPG Production and Processing

1. At least one month before the Certificate of Technical Conditions for LPG Production and Processing expires, if there is a need to continue producing and processing LPG, traders must prepare one set of application documents for reissuing the certificate and submit it to the General Department of Standardization, Metrology, and Quality Control. The reapplication documents include:

a) Application form for reissuing the Certificate of Technical Conditions for LPG Production and Processing according to the model specified in Appendix III of this Circular;

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

c) Description of development orientation and production plan for the next three years;

2. Within fifteen working days from the date of receiving complete and valid documents, the General Department of Standardization, Metrology, and Quality Control will review the documents, organize on-site inspections (if necessary), and issue a new Certificate of Technical Conditions for LPG Production and Processing according to the model specified in Appendix II of this Circular. In case of non-issuance of the certificate, the trader will be notified in writing of the reasons.

Article 13. Procedures and formalities for issuing the Product Quality Confirmation Certificate for initial LPG production

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;

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

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 quality of initially produced LPG products serves as the basis for traders to continue producing and processing LPG and implement quality management measures in accordance with current national standards and technical regulations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 14. Responsibilities of state management agencies

1. General Department of Standardization, Metrology, and Quality Control shall be responsible for:

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

c) Cmaintaining and coordinating with specialized agencies of relevant ministries and sectors to organize inspections and checks on quality assurance and metrology at LPG business establishments as prescribed in this Circular;

c) Organizing the development and approval of content and training programs for quality management and metrology skills in LPG business; disseminating them to provincial and centrally-run city Standardization, Metrology, and Quality Control Departments for implementation of 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 Science and Technology Departments shall be responsible for:

: Total cost of electricity purchase for the year (VND) from direct and indirect power plants participating in the electricity market, as specified in Clause 2 of this Article;shall maintain and coordinate with related units to organize regular or spot checks on quality and quality assurance conditions, and metrological assurance at LPG refueling stations, LPG supply stations, LPG retail stores, and other distribution units located within the province 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 Standardization, Metrology, and Quality Control Departments under central administration CHIEF:

- Organizing training and issuing Certificates of Completion of Training Programs in Quality Management and Metrology Skills in LPG Business (according to the model specified in Appendix VI of this Circular) for staff directly managing quality and metrology of business establishments in LPG business according to the approved training program content by the General Department of Standardization, Metrology, and Quality Control;

- 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 LPG traders

1.comply with the provisions on the rights and obligations of traders stipulated in Decree No. 107/2009/NĐ-CP.

and propose measures to addressensuring the implementation of quality management and metrology measures for LPG as prescribed in this Circular. Ensuring the quality of LPG when put into circulation on the market complies with the provisions of national standards, technical regulations currently in force.

3. Implementing provisions regarding fire prevention and fighting, public security, and environmental protection in accordance with current laws.đảm bảo an ninh trật tự, đáp ứng các yêu cầu về bảo vệ môi trường theo quy định của pháp luật hiện hành.

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 on the management of LPG quality and metrology in business by traders, depending on the degree and nature, will be handled according to the current legal provisions.

Article 16. Clause khoản 17. In group 85.22: change the phrasedevelopmentn continue

 The facilities that have carried out production and processing of LPG before the date this Circular takes effect must complete the registration for issuance of the certificate of qualification for LPG production and processing ofiấy chứng nhận đủ điều kiện sản xuất, chế biến LPG before dated September month 3 year 2011.

Article 17. Effective Date and Implementation

1. This Circular shall take effect forty-five days from the date of signature.

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.