Decision No. 1273/2004/QD-BTM On Issuing the Regulation on Coloring Commercial Petrol and Oil Products

Pursuant to …;

Regarding the issuance of the Regulation on Coloring Commercial Petroleum Products

 

THE MINISTER OF TRADE

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Decision No. 187/2003/QĐ-TTg dated September 15, 2003 of the Prime Minister on the issuance of the Management Regulation for Petroleum Business;

To prevent fraudulent quality practices of petroleum products and protect consumer rights;

Considering the proposal of the Director of the Domestic Market Policy Department;

DECISION:

Article 1. The accompanying Decision hereby promulgates the Regulation on Coloring Commercial Petroleum Products.

Article 3. Chairmen of Provincial People's Committees under the Central Government, Directors of Departments of Commerce, or Departments of Commerce and Tourism, Heads of the Office of the Ministry of Commerce, Heads of the Department of Domestic Market Policy, and Heads of relevant Departments and Bureaus of the Ministry of Commerce are responsible for enforcing this Decision.

 

REGULATIONS

 

COLORING OF COMMERCIAL PETROLEUM PRODUCTS

(issued together with Decision No. 1273/2004/QĐ-BTM dated September 7, 2004)
of the Minister of Trade)

 

PART I
GENERAL PROVISIONS

 

Article 1: Scope and Objects Regulated

1. Uniformly implement the coloring of commercial petroleum products throughout the country for: Fire diesel oil, unleaded gasoline RON 83, unleaded gasoline RON 90, and unleaded gasoline RON 92 (collectively referred to as products) imported and produced domestically by enterprises engaged in the importation and distribution of petroleum products (collectively referred to as petroleum product enterprises); Products used by military forces (Defense, Public Security); National Reserve products permitted for sale by the State; Aviation fuel not meeting quality standards - Flight safety, previously used by the aviation industry and military forces. Prior to selling or consuming these products and aviation fuel in the domestic market, coloring must be carried out according to the provisions of this regulation.

2. Do not carry out coloring for products and aviation fuel used as raw materials, solvents for production, processing, and manufacturing industries; National Reserves; temporary imports for re-export; aviation fuel for internal use within the aviation industry and military forces.

 

PART II
SPECIFIC PROVISIONS

Article 2: Specified Colors and Dosage of Coloring

The coloring of products and aviation fuel (as stipulated in Clause 1, Article 1 of this Regulation) must be uniformly carried out regarding specified colors and dosage for each type of product, specifically:

1. Fire diesel oil, aviation fuel:

Specified color: purple;

Dosage of coloring: 7 mg/liter;

Colored products and aviation fuel will have a purple liquid form.

2. Unleaded gasoline RON 83:

Specified color: dark brown;

Dosage of coloring: 7 mg/liter;

Colored products will have a dark brown liquid form.

3. Unleaded gasoline RON 90:

Specified color: red;

Dosage of coloring: 5 mg/liter;

Colored products will have a red liquid form.

4. Unleaded gasoline RON 92:

Specified color: blue;

Dosage of coloring: 5 mg/liter;

Colored products will have a greenish-blue liquid form.

Article 3: Provisions on Coloring and Colorants

1. Colorants added to aviation fuel products (as stipulated in Clause 1, Article 1 of this Regulation) must meet quality standards, be commonly used in the international market, be non-toxic to users, not cause environmental pollution, not precipitate sediment or separate into layers, and not affect usage processes, engine durability, or equipment.

2. Location of coloring: carried out at petroleum product distribution facilities (sales outlets), main depots, transfer depots, refineries producing gasoline from condensate, blending facilities of petroleum product enterprises, or directly into transportation vessels at export product and aviation fuel loading points.

3. Facilities coloring petroleum product enterprises' products, or enterprises engaged in petroleum product business, subsidiaries authorized to color, must have all necessary tools, equipment, and devices to carry out coloring as prescribed: scales, standard measuring containers; mixing equipment; glass or crystal bottles (collectively referred to as bottles) storing colored products according to regulations (collectively referred to as sample bottles) and labels suitable for each type of product and aviation fuel.

4. Sample bottles must be sealed with lead seals on their lids. Each sample bottle must bear a label clearly stating: Product name; Quality specifications of the product; Dosage of coloring; Date... month... year... when coloring was done; Address where coloring was performed; Name and signature of the staff member directly responsible for coloring; Name of the enterprise or unit authorized to color; Selling price of the colored product; Labels must be stamped by the petroleum product enterprise or the enterprise, subsidiary authorized to color.

Article 4: Petroleum Products Used by Military Forces

1. Petroleum products used by military forces are directed by the Ministry of Defense and the Ministry of Public Security to organize coloring according to this Regulation for use within the forces and are responsible for the colored products they produce.

2. Aviation fuel not meeting quality standards - Flight safety, or previously used, if permitted for sale on the market, shall be colored according to regulations by the Military Petroleum Company.

Article 5: Management of Non-Colored Petroleum Products and Aviation Fuel

1. Industries requiring the use of non-colored petroleum products and aviation fuel must sign contracts with petroleum product enterprises or subsidiaries of petroleum product enterprises to supply sources and strictly manage the quantity of non-colored petroleum products and aviation fuel; preventing misuse or smuggling into the market. Based on signed contracts, petroleum product enterprises or enterprises, subsidiaries authorized to color shall fulfill contracts signed with customers.

2. During the transportation of non-colored petroleum products and aviation fuel to consumers or storage in the National Reserve; enterprises, consignors, or drivers must carry relevant documents related to the shipment being transported to present to inspection and control forces when necessary.

3. Petroleum enterprises acting as key suppliers, or petroleum trading enterprises, subsidiaries assigned the task of supplying, trading, and national reserve products, uncolored aviation fuel must have strict management plans, regularly inspect and supervise, strictly implement regulations on transportation, import-export, inventory, exchange, consumption; prevent abuse and smuggling of products, aviation fuel into the market.

Article 6: Responsibilities of petroleum enterprises acting as key suppliers

1. Issue coloring procedures for products and aviation fuel suitable to their business characteristics. Directly color products or aviation fuel; organize training sessions to guide technical coloring operations for staff members authorized to color products or aviation fuel according to this Regulation. Direct and closely manage the coloring process, colored products, or aviation fuel within their distribution and consumption system.

2. Supply sufficient quantities and ensure the quality of coloring agents for products and aviation fuel to enterprises and subsidiaries authorized to color.

3. Colored products and aviation fuel must ensure uniformity, lack unusual odors, be non-toxic to users, and guarantee fire safety and environmental protection. Key supplier petroleum enterprises are responsible for the quality of colored products and aviation fuel within their distribution and consumption systems.

4. After each batch of colored products or aviation fuel, retain samples in bottles (sample bottles). Manage and store sample bottles at distribution and sales outlets providing supply sources for the distribution and consumption system under their control: stores, distribution stations, points selling colored products (collectively referred to as stores) for customer or inspection force verification when necessary.

Article 7: Cost of colored products and aviation fuel

All costs related to coloring products and aviation fuel shall be accounted for in the cost price and the key supplier petroleum enterprise shall bear responsibility for the business results of colored products and aviation fuel.

Article 8: Responsibilities of General Agents and Agents

1. Safeguard and properly store colored sample bottles at petroleum retail stores, double-seal with lead seals and labels. Sample bottles must be displayed in easily visible and accessible locations for consumers and regulatory authorities to compare with products currently sold at the store. The selling price of colored products or aviation fuel at petroleum retail stores must match the price indicated on the sample bottle label.

2. In case the color in the sample bottle fades (fails to maintain its original color), the agent requests the key supplier petroleum enterprise, or the enterprise or subsidiary (supply source) to replace the sample bottle.

3. Cooperate with mass media organizations to inform and explain to consumers about the color, selling price of each type of colored product and aviation fuel, the benefits of coloring, and how consumers can quickly identify the selling price of each type of gasoline, kerosene, and aviation fuel currently available at the store through the product color.

CHAPTER III
INSPECTION AND VIOLATION HANDLING

Article 9: Responsibilities of the Department of Commerce

The Department of Commerce, or the Department of Commerce - Tourism shall take the lead and coordinate with local functional agencies to inspect and handle violations firmly against individuals, units, production facilities, and trading enterprises of petroleum and aviation fuel that fail to comply with the coloring regulations stipulated in this Regulation, specifically:

1. Organize regular or surprise inspections of storage facilities and distribution and consumption systems of products within their jurisdiction, including: storage tanks (tanks, reservoirs), petroleum retail stores of key supplier enterprises; subsidiaries of key supplier enterprises; general agents, agents.

2. Handle violations concerning coloring products and aviation fuel as stipulated in this Regulation, and other fraudulent acts in petroleum trading according to the provisions of the law.

Article 10: Handling Violations

1. Petroleum enterprises acting as key suppliers, petroleum trading enterprises, production units, processing and compounding units, and supply bases violating the provisions of this Regulation will be subject to administrative or criminal penalties depending on the severity of the violation as prescribed by law.

2. The following violations will be penalized:

2.1. Failure to color products and aviation fuel; failure to comply with coloring regulations; incorrect coloring or dosage for different types of products and aviation fuel as specified in this Regulation.

2.2. Re-coloring or using chemicals to alter the color of products and aviation fuel already colored by key supplier petroleum enterprises.

2.3. Failure to store sample bottles at supply bases and distribution systems of colored products and aviation fuel under their control. Unauthorized replacement of sample bottles. Sample bottles without labels; labels not fully complying with the content stipulated in this Regulation.

2.4. Coloring products and aviation fuel outside designated locations; failing to ensure labor safety, fire prevention, and environmental protection during the coloring process.

2.5. Purchasing unregulated products and aviation fuel from the market for self-coloring and resale.

2.6. Enterprises, factories, units, production facilities, processing and manufacturing units... selling uncolored products and aviation fuel to the market.

2.7. Tampering with lead seals. Changing lead seals, labels of sample bottles; replacing colored products in sample bottles.

2.8. Selling prices of colored products or aviation fuel at stores not matching the prices indicated on sample bottle labels.

2.9. Other violations related to fraudulent coloring.

 

PART IV
IMPLEMENTING PROVISIONS

Article 11: The Domestic Market Policy Department shall take the lead in organizing the implementation of coloring commercial petroleum products as stipulated in this Regulation. Inspect key supplier petroleum enterprises, petroleum trading enterprises, and subsidiaries authorized to color products and aviation fuel.

Assign the Vietnam Oil and Gas Corporation Male: to provide coloring agents, conduct training sessions to guide technical coloring operations for products and aviation fuel when requested by other key supplier petroleum enterprises./.