Circular No. 18/2025/TT-BCT Amending, supplementing, and abolishing certain provisions in circulars regulating petroleum trading

CIRCULAR 

Amending, supplementing, and abolishing certain provisions

in Circulars regulating petroleum trading

Pursuant to Decree No.40/2025/NĐ-CPFebruary 26, 2025, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No.83/2014/NĐ-CPSeptember 3, 2014, of the Government on petroleum trading;

Pursuant to Decree No. 95/2021/NĐ-CP dated November 1, 2021 of the Government amending and supplementing some articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on petroleum trading;

Pursuant to Decree No. 80/2023/NĐ-CP dated November 17, 2023 amending and supplementing some articles of Decree No. 95/2021/NĐ-CP dated November 1, 2021 and Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on petroleum trading;

The Minister of Industry and Trade issues this Circular amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management."

The Minister of Industry and Trade promulgates this Circular amending, supplementing, and abolishing certain provisions in Circulars regulating petroleum trading. 

Article 1. Amending and supplementing some articles of Circular No. 17/2021/TT-BCT dated November 15, 2021

"Article 6. Inspection and issuance of Confirmation Certificate, Certification Certificate

1. Businesses wishing to obtain new, supplementary, amended, or renewed Confirmation Certificates for being qualified as key petroleum traders, distribution traders; Confirmation Certificates for being qualified as retail agency traders; Certification Certificates for retail outlets qualified to sell petroleum; supplementary, amended, or renewed Confirmation Certificates for being qualified as total agency traders in petroleum trading still valid according to point a, Clause 2, Article 2 of Decree No. 80/2023/NĐ-CP shall submit one (01) set of documents to the Ministry of Industry and Trade, Department of Industry and Trade via official correspondence or email at the address announced on the Ministry of Industry and Trade's website.

2. The Ministry of Industry and Trade shall be responsible for performing:

a) Issuing new, supplementary, amended, or renewed Confirmation Certificates for being qualified as key petroleum traders according to Clause 3, Article 8 of Decree No. 83/2014/NĐ-CP.

b) Issuing new, supplementary, amended, or renewed Confirmation Certificates for being qualified as distribution traders according to Clause 3, Article 14 of Decree No. 83/2014/NĐ-CP.

c) Issuing supplementary, amended, or renewed Confirmation Certificates for being qualified as total agency traders in petroleum trading still valid (with a distribution system covering two (02) provinces or centrally-run cities or more) according to Clause 4, Article 17 of Decree No. 83/2014/NĐ-CP. The validity period of supplementary, amended, or renewed Confirmation Certificates for being qualified as total agency traders in petroleum trading shall be based on the validity period of the previously issued Confirmation Certificates.

d) The Ministry of Industry and Trade shall issue Confirmation Certificates according to Model No. 2 attached to Decree No. 95/2021/NĐ-CP, Model No. 6, and Model No. 8 attached to Decree No. 83/2014/NĐ-CP based on the results of the review of the submitted documents and the actual inspection of the business conditions of the businesses (for new issuance cases)."

3. The Department of Industry and Trade shall be responsible for performing:

a) Issuing supplementary, amended, or renewed Confirmation Certificates for being qualified as total agency traders in petroleum trading still valid (with a distribution system covering one (01) province or centrally-run city) according to the procedures stipulated in Clause 4, Article 17 of Decree No. 83/2014/NĐ-CP. The validity period of supplementary, amended, or renewed Confirmation Certificates for being qualified as total agency traders in petroleum trading shall be based on the validity period of the previously issued Confirmation Certificates.

b) Issuing Confirmation Certificates for being qualified as retail agency traders according to Clause 5, Article 20 of Decree No. 83/2014/NĐ-CP.

c) Issuing Certification Certificates for retail outlets qualified to sell petroleum according to Clause 3, Article 25 of Decree No. 83/2014/NĐ-CP.

d) The Department of Industry and Trade shall issue Confirmation Certificates according to Model No. 4, Model No. 8, and Model No. 10 attached to Decree No. 83/2014/NĐ-CP based on the results of the review of the submitted documents and the actual inspection of the business conditions of the businesses (for new issuance cases).

đ) Sending documents providing information on the actual capacity, operational status of businesses, and petroleum trading establishments within their jurisdiction upon request from the Ministry of Industry and Trade to serve as a basis for reviewing and issuing Confirmation Certificates for being qualified as key petroleum traders and Confirmation Certificates for being qualified as distribution traders."

"Article 6a. Price Management of Petroleum

1. The State announces base prices for petroleum products commonly consumed in the market, including biofuel gasoline, mineral gasoline, diesel oil, kerosene, and bitumen. The Ministry of Industry and Trade identifies the most widely used petroleum products in each category of biofuel gasoline, mineral gasoline, diesel oil, kerosene, and bitumen to announce base prices.

2. Report on domestic production volume of petroleum: On a quarterly basis, before the last day of the month at the end of each quarter, key petroleum traders shall report the domestic sales volume of petroleum by type according to Model No. 7a attached to Circular No. 17/2021/TT-BCT for the period from the 21st day of the month immediately preceding the first month of the quarter to the 20th day of the last month of the quarter to the Ministry of Industry and Trade for consolidation and calculation to determine the percentage of domestic production volume and imported volume in the base price formula.

3. Based on data on the components of the base price of petroleum as prescribed and comments on price management of petroleum from the Ministry of Finance in writing, the Ministry of Industry and Trade shall announce the base price and selling price of petroleum."

3. Amending and supplementing Clause 7 of Article 1 as follows:

"Article 12. Registration of Minimum Annual Petroleum Sources

1. Before November 30 of each year, key petroleum traders shall submit one (01) set of documents for registering the minimum annual petroleum sources for the following year according to Clause 25, Article 1 of Decree No. 95/2021/NĐ-CP to the Ministry of Industry and Trade.

2. Before December 31 of each year, the Ministry of Industry and Trade shall allocate the minimum annual petroleum sources to key petroleum traders for implementation in the following year according to Clause 24, Article 1 of Decree No. 95/2021/NĐ-CP. In case of non-allocation of the minimum annual petroleum sources, the Ministry of Industry and Trade shall respond in writing and specify the reasons."

3. In case there is a need to adjust the minimum total fuel supply, the principal traders of fuel shall submit a letter to the Ministry of Industry and Trade before October 30 each year.

4. If the total annual supply forecast of both principal traders producing and principal traders trading fuel has met market demand, the Ministry of Industry and Trade shall adjust the minimum total fuel supply assigned to the principal traders trading fuel before November 30 of that year. In cases where the minimum total fuel supply is not adjusted, the Ministry of Industry and Trade shall respond in writing and provide clear reasons.

5. In necessary cases, to ensure the supply of fuel for the domestic market, the Ministry of Industry and Trade shall specify the import schedule, purchase of fuel domestically, or increase the minimum total fuel supply for traders to implement. Principal traders of fuel must ensure the implementation schedule of the minimum total fuel supply assigned by the Ministry of Industry and Trade in accordance with regulations.

Article 2. Amending and supplementing some articles of Circular No. 38/2014/TT-BCT dated October 24, 2014

1. Supplement Clause 9a following Clause 9 of Article 7 as follows:

"9a. Quarterly report on the situation of using and leasing fuel storage facilities under ownership according to Model No. 11 of the Appendix issued together with this Circular; Quarterly report on the situation of using leased fuel storage facilities according to Model No. 12 of the Appendix issued together with this Circular to be submitted to the Ministry of Industry and Trade and the Department of Industry and Trade at the location where the trader leases the fuel storage facility before the 10th day of the first month of the next period."

2. Supplement Clause 7 of Article 8 as follows:

"7. Quarterly report on the situation of using and leasing fuel storage facilities under ownership according to Model No. 11 of the Appendix issued together with this Circular; Quarterly report on the situation of using leased fuel storage facilities according to Model No. 12 of the Appendix issued together with this Circular to be submitted to the Ministry of Industry and Trade and the Department of Industry and Trade at the location where the trader leases the fuel storage facility before the 10th day of the first month of the next period."

3. Amend and supplement Clause 1, Clause 2 of Article 10 as follows:

"1. Register periodically the fuel distribution system of retail fuel dealers with the Department of Industry and Trade of the locality where the trader has the distribution system before January 10 each year at Table No. 2 of Model No. 1 of the Appendix issued together with Circular No. 38/2014/TT-BCT. When there is a change in the fuel distribution system of the retail fuel dealer, within ten (10) working days from the date of the change, the trader must submit a registration for adjustment to the Department of Industry and Trade of the locality where the trader has the distribution system at Table No. 2 of Model No. 1 of the Appendix issued together with Circular No. 38/2014/TT-BCT."

"2. Sign a contract to act as a retail fuel dealer in accordance with Article 21 of Decree No. 83/2014/NĐ-CP and Clause 7 of Article 1 of Decree No. 80/2023/NĐ-CP.

a) For the case where the trader signs a dealership contract with two (02) or three (03) traders who are principal traders of fuel or fuel distributors, the trader shall prepare a report on changes and supplements to the dealership contract to be submitted to the competent authority to request additional issuance, amendment of the Confirmation Certificate, and the Certificate in accordance with Point b Clause 4 Article 20, Point b Clause 2 Article 25 of Decree No. 83/2014/NĐ-CP to amend and supplement information about the fuel supplier in the Confirmation Certificate of eligibility to act as a retail fuel dealer and the Certificate of eligibility of the retail fuel store.

b) For the case where the trader only has one (01) retail fuel store signing a dealership contract for fuel with two (02) or three (03) traders who are principal traders of fuel or fuel distributors, the trader must prepare a request for additional issuance, amendment of the Confirmation Certificate in accordance with Point b Clause 2 Article 25 of Decree No. 83/2014/NĐ-CP to amend and supplement information about the fuel supplier in the Certificate of eligibility of the retail fuel store.

c) Comply with the provisions on displaying the signboard of the retail fuel store belonging to the trader as stipulated in Clause 7 Article 21, Clause 4 Article 26 of Decree No. 83/2014/NĐ-CP.

d) Comply with the provisions on quality control of fuel as stipulated in Clause 4, Clause 10 Article 21 of Decree No. 83/2014/NĐ-CP, bear responsibility for supervising and managing measurement, quality, and establishing, applying, and maintaining an effective quality management system.

4. Amend Clause 1 of Article 11 as follows:

"1. Register periodically the fuel distribution system of the trader receiving the right to sell fuel retail with the Department of Industry and Trade of the locality where the trader has the distribution system before January 10 each year, at Table No. 2 of Model No. 1 of the Appendix issued together with Circular No. 38/2014/TT-BCT. When there is a change in the fuel distribution system of the trader receiving the right to sell fuel retail, within ten (10) working days from the date of the change, the trader must submit a registration for adjustment to the Department of Industry and Trade of the locality where the trader has the distribution system at Table No. 2 of Model No. 1 of the Appendix issued together with Circular No. 38/2014/TT-BCT."

5. Supplement Clause 5a following Clause 5 of Article 19 as follows:

"5a. The Departments of Industry and Trade of provinces and centrally-run cities shall inspect and supervise the implementation of lease contracts, fuel import and export volumes through leased fuel storage facilities of traders leasing fuel storage facilities in their respective areas. In case of discovering signs that traders are not using leased storage facilities according to signed contracts, the Departments of Industry and Trade shall promptly report to the Ministry of Industry and Trade for coordinated management."

6. Supplement Model No. 11, Model No. 12 in the Appendix of this Circular after Model No. 10 of the Appendix of Circular No. 38/2014/TT-BCT.

Article 3. Repeal certain Articles of Circular Joint Circular No. 39/2014/TTLT-BCT-BTC dated October 29, 2014

Repeal Article 10, Article 11, Article 12, and Article 13 of Circular Joint Circular No. 39/2014/TTLT-BCT-BTC dated October 29, 2014 issued by the Minister of Industry and Trade and the Minister of Finance regarding the method for calculating the base price; the mechanism for forming, managing, and using the Price Stabilization Fund and the management of gasoline prices as stipulated in Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on the business of petroleum products.

Article 4. Responsibilities for Implementation

1. This Circular takes effect from May 2, 2025.

2. In the course of implementation, if any issues arise or difficulties occur, organizations and individuals shall submit them in writing or via email to the Ministry of Industry and Trade at the address: [email protected] for receipt, consideration, and resolution./.