Circular No. 15/1999/TT-BTM guides LPG business in Vietnam. This Circular applies to traders conducting LPG business and stipulates conditions and procedures for issuing certificates of eligibility for LPG business as well as regulations that must be followed during business operations. Notably, it requires LPG retail stores to ensure fire prevention and firefighting safety and not to sell flammable and explosive items at their premises.
适用范围
Traders, including foreign traders legally operating in Vietnam
要点
- Traders must register their business and obtain a Certificate of Eligibility for LPG Business from the competent state management agency.
- LPG retail stores must comply with regulations concerning subjects, technical infrastructure, equipment, professional qualifications of staff, and health requirements.
- Traders providing storage service for LPG cylinders must also meet similar conditions.
- The Department of Commerce of provinces and cities is the authority responsible for issuing Certificates of Eligibility for LPG Business and processing applications within 15 days.
- Traders must display their certificate, retail prices of LPG cylinders, instructions on safe usage, and may not sell flammable and explosive items at their stores.
🌐 本文件的社会影响
- Positive impact: Ensuring safety for people using LPG.
- Negative impact: Increased costs for LPG businesses due to compliance with numerous regulations.
- Small and medium-sized enterprises may face difficulties in meeting technical infrastructure requirements.
❓ 常见问题
What actions must traders take to obtain a business license for LPG?
Traders must register their business, have a Business Registration Certificate, and obtain a Certificate of Eligibility for LPG Business from the competent state management agency.
What conditions must LPG retail stores meet?
Retail stores must have construction designs complying with regulations, ensuring floor area, structural requirements, sales areas, storage warehouses, auxiliary zones, and power supply. Staff must also undergo fire prevention and firefighting training.
What is the timeframe for issuing a Certificate of Eligibility for LPG Business?
The maximum timeframe for issuance or rejection of the application is 15 days from the date of receiving valid application documents.
What items may traders not sell at LPG retail stores?
Traders may not sell flammable and explosive items, foodstuffs, grains, and food products at LPG retail stores.
What penalties will be imposed for violations of this Circular?
Traders violating provisions of this Circular may be subject to administrative fines or criminal liability as prescribed by law.
全文
CIRCULAR
Guidelines for liquefied petroleum gas business
________________________
Implementing Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government on prohibited goods and services; restricted goods and services; and goods and services subject to conditions, the Ministry of Commerce guides the conditions for conducting liquefied petroleum gas (LPG) business in the Vietnamese market as follows:
I- SCOPE OF APPLICATION
1- The liquefied petroleum gas referred to in this Circular is a mixture mainly consisting of Propane (C3H8) and Butane (C4H10) that has been liquefied and bottled in pressure-resistant metal containers with a capacity up to 150 liters according to the technical standards specified in Vietnamese Standard TCVN 6292: 1997, for use as fuel in industry and households.3 H8) and Butane (C) have been liquefied and bottled in pressure-resistant metal containers with a capacity up to 150 liters in accordance with the technical standards specified in the Vietnamese Standard - TCVN 6292 : 1997, for use as fuel in industry and households.4 H102- The business of liquefied petroleum gas (LPG) as prescribed in this Circular includes the following activities:
2- Business activities with liquefied petroleum gas as specified in this Circular include:
2- Conducting liquefied petroleum gas business as stipulated in this Circular includes the following activities:
2.1- Buying and selling (including agency and consignment buying and selling) liquefied petroleum gas at specialized stores, retail gasoline stores (hereinafter collectively referred to as liquefied petroleum gas sales stores).
2.2- Service of storing liquefied petroleum gas bottles (tanks).
Business activities such as import and export, reception, storage tanks for liquefied petroleum gas not yet bottled, refilling liquefied petroleum gas bottles, and transportation service of liquefied petroleum gas are not within the scope regulated by this Circular.
II - CONDITIONS FOR CONDUCTING LIQUEFIED PETROLEUM GAS BUSINESS
1- Conditions for liquefied petroleum gas sales stores:
1.1- Subject conditions:
It must be a trader who has been issued a Business Registration Certificate, including registration for liquefied petroleum gas business.
1.2- Conditions regarding material and technical facilities and equipment:
* The liquefied petroleum gas sales store must have a design constructed in accordance with the provisions of Vietnamese Standard TCVN 2622: 1995.
* Construction of the liquefied petroleum gas sales store must comply with the regulations on floor area, construction requirements, sales area, warehouse, auxiliary areas, and electricity supply as set out in Section 5 of Vietnamese Standard TCVN 6223: 1996 (Appendix 2 attached to this Circular).
1.3- Conditions regarding the professional qualifications of staff:
Management personnel and employees of the liquefied petroleum gas sales store must undergo training on liquefied petroleum gas knowledge, fire prevention, firefighting, and be inspected and certified by the provincial or city police for firefighting.
1.4- Health conditions:
* Staff working at liquefied petroleum gas sales stores must be in good health to perform their duties, and must be examined and confirmed by a health authority at the district, county, or city level or higher.
1.5- Environmental protection and fire prevention conditions:
* The liquefied petroleum gas sales store must have sufficient firefighting equipment and devices as prescribed in Section 6 of Vietnamese Standard TCVN 6223: 1996 (Appendix 1 attached to this Circular) and must be inspected and issued a Fire Safety Certificate by the provincial or city firefighting police.
2- Conditions for conducting liquefied petroleum gas bottle storage service:
The conditions for conducting liquefied petroleum gas bottle storage service shall be implemented in accordance with the provisions of Clause 1 above. However, the conditions regarding material and technical facilities and equipment must comply with the provisions of Section 5.6 of Vietnamese Standard TCVN 6223: 1996 (Appendix 2 attached to this Circular).
III - AUTHORITY, PROCEDURES AND PROCEDURAL ISSUES FOR ISSUING THE CERTIFICATE OF SUITABILITY FOR LIQUEFIED PETROLEUM GAS BUSINESS
1- The Department of Commerce of the province or city is the competent authority to issue the Certificate of Suitability for Liquefied Petroleum Gas Business.
2- The application dossier for issuing the Certificate of Suitability for Liquefied Petroleum Gas Business (including liquefied petroleum gas bottle storage service) consists of:
2.1- Application form for issuance of the Certificate of Suitability for Liquefied Petroleum Gas Business (attached model).
2.2- Business Registration Certificate (certified true copy).
2.3- Certificate of Suitability for Fire Safety issued by the provincial or city police.
If the trader has multiple liquefied petroleum gas sales stores (or multiple storage warehouses), they must prepare a complete dossier for each store and each warehouse.
3- The Department of Commerce of the province or city is responsible for:
3.1- Publicly posting at the location where applications are received the contents: business conditions for liquefied petroleum gas, application dossier, procedures, time limit for issuing the Certificate, and fee levels.
3.2- Checking the validity and accepting the dossier from the trader.
3.3- Inspecting the actual business conditions as prescribed and preparing a record as the basis for issuing the Certificate of Suitability for Business.
3.4- Issuing the Certificate of Suitability for Liquefied Petroleum Gas Business to stores and warehouses meeting the conditions stipulated in this Circular. In case of refusal to issue, it must be replied in writing and the reasons clearly stated.
The maximum time limit for issuance or refusal is 15 days from the date of receipt of a valid dossier.
4- The Certificate of Suitability for Liquefied Petroleum Gas Business in the attached Appendix 5 of this Circular has an effective period consistent with the period recorded in the Business Registration Certificate of the trader.
5- Traders who have been issued the Certificate of Suitability for Business must pay a fee as prescribed by the Ministry of Finance.
IV - REGULATIONS TO BE IMPLEMENTED WHEN CONDUCTING LIQUEFIED PETROLEUM GAS BUSINESS
1- Traders conducting liquefied petroleum gas business must continuously ensure the conditions stipulated in Part II of this Circular and implement the following regulations:
1.1- The stacking, storage, and display of liquefied petroleum gas bottles at the store must comply with the provisions in Section 7 of Vietnamese Standard TCVN 6223: 1996 (Appendix 3 attached to this Circular).
2.2- The self-transportation of liquefied petroleum gas from production facilities to retail stores and from stores to end-users must comply with the provisions set forth in Section 8 of the Vietnamese Standard TCVN 6223: 1996 (Appendix 4 attached to this Circular).
2-3- Must display the Certificate of Eligibility for Liquefied Petroleum Gas Business Operations and the retail prices of each type of liquefied petroleum gas cylinder currently being sold.
2.4- Shall be responsible for directly guiding or providing customers with instructions on safely using liquefied petroleum gas cylinders, including when using gas stoves.
2.5- Shall not engage in the sale of flammable and explosive items, foodstuffs, or other consumables at liquefied petroleum gas retail stores.
V- VIOLATION HANDLING
1- Business operators violating the provisions of this Circular shall be subject to administrative penalties or criminal prosecution, depending on the severity of the violation, as provided by law.
2- State officials who abuse their positions or powers and fail to properly implement the provisions of this Circular shall be subject to disciplinary action, administrative penalties, or criminal prosecution, depending on the severity of the violation, as provided by law.
VI- IMPLEMENTATION PROVISIONS
1- This Circular takes effect from August 1, 1999; previous regulations concerning liquefied petroleum gas business operations are hereby abolished.
2- Provincial and municipal Commerce Departments shall be responsible for implementing this Circular; organizing economic entities to operate liquefied petroleum gas businesses; inspecting and handling violations to ensure social order, safety, and commercial civility.
Report on the implementation situation as required to the Ministry of Commerce and promptly reflect any difficulties or issues for the Ministry to consider for supplementation or amendment.
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