Circular No. 15/2009/TT-BKHCN guiding the procedures and formalities for registering the use of non-standard additives in the production, processing, and blending of gasoline and diesel fuel.

CIRCULAR

Guidelines for the procedure and process to register the use of non-standard additives for the production, processing, and blending of gasoline and diesel fuel

 for the production, processing, and blending of gasoline and diesel fuel

 _______________________________

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

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. 55/2007/NĐ-CP dated April 26, 2007 of the Government on the business of gasoline and diesel oil;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

The Minister of Science and Technology issues guidelines for the procedure and process to register the use of non-standard additives for the production, processing, and blending of gasoline and diesel fuel as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars provide guidelines for the procedure and process to register the use of non-standard additives for the production, processing, and blending of gasoline and diesel fuel to be put into circulation in the market (hereinafter referred to as gasoline and diesel fuel, abbreviated as petroleum products) including the procedure and process to register the use of non-standard additives; the examination of registration files, approval of the use of non-standard additives, and the responsibilities of related parties.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

2.1. These Circulars apply to the following entities:

2.1.1. Domestic enterprises producing, processing, and blending petroleum products using non-standard additives to be put into circulation in the market (hereinafter referred to as enterprises).

2.1.2. Relevant state management agencies.

2.2. These Circulars do not apply to enterprises importing finished petroleum products.

Enterprises importing finished petroleum products to be put into circulation in the Vietnamese market must ensure quality in accordance with national technical regulations on gasoline and diesel fuel (QCVN 1:2007/BKHCN) and commit to ensuring that imported petroleum products do not contain additives that affect safety, health, the environment, cause engine damage, and related parts and components, and bear responsibility for the quality of imported petroleum products.

In cases where competent state management agencies have issued warnings about types of additives affecting safety, health, and the environment that other countries have advised against using, enterprises may not import finished petroleum products containing such additives.

In this technical regulation, the following terms are understood as follows:

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

3.1. Additives are inorganic and organic substances imported or produced domestically used in the production, processing, and blending of petroleum products meeting legal requirements.

3.2. Non-standard additives are additives being used for the first time in Vietnam for the production, processing, and blending of petroleum products.

3.3. Production and processing of petroleum products involve refining crude oil, converting raw materials and additives into petroleum products.

3.4. Blending of petroleum products involves mixing products, semi-finished products, and additives to convert them into petroleum products.

3.5. Examination involves reviewing technical documents to determine the completeness and validity of the registration file, the scientific and verifiable nature of evidence proving that petroleum products using non-standard additives ensure safety, health, environmental protection, and do not cause engine damage, and related parts and components.

4.1. The designation of compliance assessment organizations by state agencies with competent authority is based on the assessment of the organization's capacity to conduct compliance assessment activities in accordance with the requirements of corresponding technical regulations and other relevant legal requirements.

4.1. Enterprises wishing to use non-standard additives for the production, processing, and blending of petroleum products must provide scientific documents and pilot test results of non-standard additives to prove their safety, health, environmental protection, and non-damage to engines, parts, and components; commit to the authenticity of the provided scientific documents and bear responsibility for safety, health, environmental protection, and non-damage to engines, parts, and components when using petroleum products blended with non-standard additives.

4.2. The Ministry of Science and Technology organizes the examination of registration files and notifies in writing the approval of the registration to use non-standard additives in the production, processing, and blending of petroleum products.

II. PROCEDURE AND PROCESS FOR REGISTERING THE USE OF NON-STANDARD ADDITIVES FOR

 THE PRODUCTION, PROCESSING, AND BLENDING OF PETROLEUM PRODUCTS

1. Conditions for enterprises using non-standard additives for the production, processing, and blending of petroleum products

To use non-standard additives in the production, processing, and blending of petroleum products to be put into circulation in the market, enterprises must meet the following conditions:

1.1. Legally established and having the function of producing and processing petroleum products.

1.2. Meeting the requirements stipulated in:

1.2.1. Circular No. 29/2007/TT-BKHCN dated December 25, 2007 of the Ministry of Science and Technology guiding the conditions for ensuring quality and measurement accuracy in the business of motor gasoline and diesel oil.

1.2.2. Circular No. 04/2008/TT-BCT dated April 1, 2008 of the Ministry of Industry and Trade guiding the registration of production plans, processing, importing raw materials, and consumption of petroleum products.

1.3. Having implemented pilot use of non-standard additives in the production, processing, and blending of petroleum products.

1.4. Registering and obtaining the approval of the Ministry of Science and Technology to use non-standard additives for the production, processing, and blending of petroleum products.

2. Registration File for Using Non-Standard Additives for the Production, Processing, and Blending of Petroleum Products

When there is a need to use non-standard additives for the production, processing, and blending of petroleum products to be put into circulation in the market, enterprises must prepare a registration file and submit it to the Ministry of Science and Technology (General Department of Standardization, Metrology, and Quality Control). The registration file includes:

2.1. A registration form according to the model prescribed in the Appendix of these Circulars.

2.2. A certified copy of the Business Registration Certificate issued by the competent authority.

2.3. Documents proving that the enterprise meets the requirements stipulated in Section III of Circular No. 29/2007/TT-BKHCN dated December 25, 2007 of the Ministry of Science and Technology and Circular No. 04/2008/TT-BCT dated April 1, 2008 of the Ministry of Industry and Trade.

2.4. Technical Files:

2.4.1. Technical documents on additives:

2.4.1.1. The trade name of the non-standard additive; the purpose of using the additive in the production, processing, and blending of petroleum products and its physical and chemical properties and chemical composition provided by the additive manufacturer.

2.4.1.2. Test result sheets on the physical and chemical properties and chemical composition of the additive according to the manufacturer's documentation, conducted by organizations designated or recognized by the Ministry of Science and Technology (General Department of Standardization, Metrology, and Quality Control) and issued to the enterprise.

2.4.2. The announcement of the applicable standard accompanying the quality standard for gasoline and diesel fuel using non-conventional additives at the published ratio in accordance with the national technical regulation QCVN 1:2007/BKHCN and the corresponding test result certificate.

2.4.3. Report on the results of pilot use of non-conventional additives in the production, processing, blending of gasoline and diesel fuel, including the following contents:

2.4.3.1. A valid copy of the pilot use plan for non-conventional additives approved by the Ministry of Industry and Trade;

2.4.3.2. Summary of the pilot use process of non-conventional additives:

- Implementation period;

- Total quantity of gasoline and diesel fuel using non-conventional additives;

- Distribution plan (name of enterprise/distribution facility; type of vehicle selected for pilot use of gasoline and diesel fuel and quantity/each type of vehicle);

- Quality inspection and supervision method for gasoline and diesel fuel using non-conventional additives (name of testing organization; inspection and supervision plan; corresponding test result certificate);

- Evaluation of the effectiveness and benefits of gasoline and diesel fuel using non-conventional additives;

- Feedback information from users (starting engine process, engine temperature during operation, malfunctions during operation, etc.).

2.4.3.3. Assessment results regarding the impact level of gasoline and diesel fuel using non-conventional additives on safety, health, environment, and engine components and parts, recognized or designated by the Ministry of Science and Technology in collaboration with relevant sector management ministries:

- Stability of octane and cetane values over storage time of finished products using non-conventional additives;

- Emission measurement results of engines using gasoline and diesel fuel with non-conventional additives;

- Impact level on engine performance and related components and parts (power; lubricating oil pressure; engine temperature during continuous operation; expansion rate of seals and gaskets, etc.).

2.4.3.4. Compilation of opinions on gasoline and diesel fuel using non-conventional additives from at least five experts specializing in gasoline and diesel fuel from testing organizations, research organizations, etc. (accompanied by comment letters).

2.5. Other related technical documents (if any).

III. REVIEW OF APPLICATION FILE AND APPROVAL FOR REGISTRATION TO USE NON-CONVENTIONAL ADDITIVES

FOR THE PRODUCTION, PROCESSING, BLENDING OF GASOLINE AND DIESEL FUEL

1. Review of application file

1.1. After receiving a complete and valid application file, within 15 working days, the National Standardization Agency will organize the review of the application file for the use of non-conventional additives for the production, processing, and blending of gasoline and diesel fuel through the Advisory Review Board.

1.2. The Advisory Review Board, established by the National Standardization Agency, consists of 7 to 11 experts specializing in gasoline and diesel fuel from the Technical Committee on National Standards, fuel testing laboratories, research organizations, etc.

The Advisory Review Board works through discussion, evaluation of the application file, and concludes based on consensus. The Advisory Review Board records the work in minutes, reports the review results along with recommendations to the National Standardization Agency.

2. Notification of approval for registration to use non-conventional additives

Based on the minutes of the meeting and the recommendations of the Advisory Review Board, the National Standardization Agency reports to the Ministry of Science and Technology. If requirements are met, the Ministry of Science and Technology will notify in writing the approval for registration to use non-conventional additives for the production, processing, and blending of gasoline and diesel fuel for the enterprise. In case of rejection, the Ministry of Science and Technology will notify in writing the reasons for refusal.

3. Review fee

The cost for reviewing the application file for the use of non-conventional additives for the production, processing, and blending of gasoline and diesel fuel is taken from the state budget. The financial regulations currently in effect govern the expenditure for this activity.

IV. RESPONSIBILITIES OF ENTERPRISES AND STATE MANAGEMENT AUTHORITIES

1. Responsibilities of enterprises

1.1. During the pilot distribution phase of gasoline and diesel fuel using non-conventional additives according to the approved pilot plan by the Ministry of Industry and Trade, the enterprise must be responsible for the quality and ensure safety, health, environment, and prevent damage to engines, components, and parts when using gasoline with non-conventional additives throughout the pilot distribution period.

1.2. Enterprises that have been approved to register for the use of non-conventional additives for the production, processing, and blending of gasoline and diesel fuel for market circulation must comply with the following responsibilities:

1.2.1. Adhere to the conditions for ensuring quality in the production, processing, and blending of gasoline and diesel fuel as stipulated in Circular No. 29/2007/TT-BKHCN dated December 25, 2007, guiding the conditions for ensuring quality and measurement assurance in the business of motor gasoline and diesel fuel.

1.2.2. Comply with the laws governing the production, processing, and blending of gasoline and diesel fuel.

1.2.3. Implement conformity certification for gasoline and diesel fuel using non-conventional additives in accordance with the law.

1.2.4. Be responsible for the quality of gasoline and diesel fuel using non-conventional additives during production, processing, blending, and market circulation.

1.2.5. Publicly disclose information about the supply of gasoline and diesel fuel using non-conventional additives on the company's website and related documents for customers and relevant state management authorities to know.

1.2.6. Report every six months to the Ministry of Science and Technology (National Standardization Agency) and the Ministry of Industry and Trade on the situation of using non-conventional additives.

Upon receiving feedback about the quality of gasoline and diesel fuel using non-conventional additives not ensuring safety, health, environment, and causing damage to engines, components, and parts, the enterprise must immediately stop supplying, develop appropriate remediation plans, and report to the Ministry of Science and Technology (National Standardization Agency) and the Ministry of Industry and Trade.

1.2.7. Subject to inspection and audit by competent state agencies regarding the use of non-standard additives in the production, processing, and blending of petroleum products. If there are violations, they will be handled according to the provisions of the law depending on the nature and severity of the violation.

2. Responsibilities of the General Department of Standards, Measurement, and Quality

2.1. Receive, process, organize the review of registration files of enterprises, and report to the Ministry of Science and Technology on the approval of registration for enterprises producing, processing, and blending petroleum products using non-standard additives.

2.2. Monitor the situation of production, processing, and blending of petroleum products using non-standard additives. Report to the Ministry of Science and Technology every six months.

2.3. Organize inspections, audits, and recommend measures to handle violations of the law by enterprises producing, processing, and blending petroleum products using non-standard additives according to this Circular and other current relevant regulations.

2.4. Implement the organization and execution of this Circular.

V. IMPLEMENTATION

1. This Circular takes effect forty-five (45) days from the date of issuance.

2. During the implementation, if there are any difficulties, agencies, organizations, and individuals should promptly reflect them to the Ministry of Science and Technology for consideration and resolution./.