Circular No. 20/2019/TT-BKHCN on measurement and quality in gas trading and the activities of gas blending facility declaration in Vietnam

CIRCULAR

Regulations on Measurement and Quality in Gas Business Activities and Announcements of Gas Blending Facilities in Vietnam and the activities of announcing gas blending facilities in Vietnam

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Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

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

Pursuant to the Law on Measurement dated November 11, 2011;

Pursuant to Decree No. 87/2018/NĐ-CP dated June 15, 2018 of the Government on gas business;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director General of the National Standardization, Metrology and Quality Control Department and the Head of the Legal Affairs Department;

The Minister of Science and Technology issues this Circular to regulate measurement and quality in gas business activities and announcements of gas blending facilities in Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates measurement and quality in gas business activities and announcements of gas blending facilities in Vietnam, including liquefied petroleum gas (LPG), liquefied natural gas (LNG), compressed natural gas (CNG) (hereinafter referred to as gas).

Article 2. Applicability

1. Gas traders include: gas producers, processors; gas blenders; gas exporters, importers; gas buyers and sellers; gas service providers for export and import ports, gas storage tanks, LPG bottle warehouses; gas transportation service providers; refueling stations, gas supply stations; retail stores selling LPG bottles.

2. State management agencies for measurement and quality and other state agencies, organizations, and individuals related to gas business activities.

Article 3. Explanation of Terms

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

1. A certified copy is a copy certified from the original by an authorized agency or organization or a copy stamped with "true copy" by the trader;

2. Gas quality files include: certified copies of standards announced for application to each type of gas and certified copies of quality certificates (notifications of acceptance of conformity declarations issued by authorized agencies, notifications of national inspection results on imported gas quality or documents confirming exemption from national inspections on imported goods quality issued by inspection agencies);

3. Measurement terms apply according to the provisions of the law on measurement;

4. Liquefied petroleum gas (LPG), liquefied natural gas (LNG), compressed natural gas (CNG) and other terms in this Circular shall be applied according to the provisions of Article 3 of Decree No. 87/2018/ND-CP dated June 15, 2018 of the Government on gas business activities (hereinafter referred to as Decree No. 87/2018/ND-CP).

Article 4. Principles of Management of Measurement and Quality of Gas

1. For liquefied petroleum gas (LPG), importers, producers, processors, and blenders must announce the applicable standards and implement quality management measures according to the national technical regulations on liquefied petroleum gas before putting it into circulation on the market.

2. For liquefied natural gas (LNG) and compressed natural gas (CNG), importers, producers, processors, and blenders must announce the applicable standards before putting them into circulation on the market and ensure that the gas quality meets the announced standards during circulation. Standards used for announcement shall be implemented according to the provisions of the law on standards and technical regulations.

In case the Ministry of Science and Technology promulgates national technical regulations to manage liquefied natural gas (LNG) and compressed natural gas (CNG), producers, processors, blenders, and importers of gas shall implement quality management measures according to the corresponding national technical regulations.

3. Gas traders are responsible for measurement and quality of gas within their distribution systems and jointly liable for violations of measurement and quality by traders within their distribution systems.

4. Traders applying barcode technology in business activities to ensure gas quality shall manage quality files using barcode technology.

5. Respect agreements on measurement among relevant parties when determining gas quantities in sales and payments, ensuring compliance with the provisions of the law on measurement and other relevant laws. In cases where international treaties to which Vietnam is a member provide different provisions on measurement than those in this Circular, the provisions of such international treaties shall apply.

Chapter II
MEASUREMENT IN GAS BUSINESS ACTIVITIES

Article 5. Measurement regulations for measuring instruments in export, import, production, processing, blending, trading of gas; operating port leasing services for gas export and import, gas tanks, LPG storage warehouses; gas transportation services; gas refilling and supply; retail of LPG cylinders

Gas traders ensure the following measurement regulations:

1. Measuring instruments used to determine the quantity of gas in trade and settlement shall meet the following requirements:

a) Have a measurement range suitable for the quantity of gas to be measured;

b) Have been tested at a testing organization designated under the law on measurement within the validity period of the test certificate (test seal, test label, test certificate);

c) The metrological characteristics of the measuring instrument comply with the approved metrological characteristics of the reference measuring instrument according to the provisions;

d) Parts, components, functions capable of interfering with the main metrological characteristics of the measuring instrument are sealed or locked by the testing organization;

e) Installed, stored, and used in accordance with the manufacturer's or importer's instructions;

2. Measuring instruments used to ensure safety shall meet the following requirements:

a) Have a measurement range suitable for the quantity to be measured;

b) Have been tested or calibrated at a registered testing or calibration organization designated under the law on measurement within the validity period of the test or calibration certificate (test seal, calibration seal; test label, calibration label; test certificate, calibration certificate);

c) Comply with the requirements specified in points c, d, e of Clause 1 of this Article;

3. When one or more measuring instruments specified in Clause 1 or Clause 2 of this Article are installed together with other structures or parts to form a measurement system, such system must meet the technical measurement requirements stipulated by the law on measurement.

Article 6. Measurement requirements for measurements in export, import, production, processing, blending, trading of gas; operating port leasing services for gas export and import, gas tanks, LPG storage warehouses; gas transportation services; gas refilling and supply; retail of LPG cylinders

Gas traders ensure the following measurement requirements:

1. Use measuring instruments that meet the corresponding requirements stipulated in Article 5 of this Circular;

2. Adhere to the usage requirements of measuring instruments and measurement systems as instructed by the manufacturer or importer and specialized measurement requirements as directed by the competent state agency on measurement. During usage or periodic inspection, if a defect or non-compliance with measurement error requirements is detected, the owner or user of the measuring instrument or measurement system must cease its use and take corrective measures to ensure compliance with stipulated requirements;

3. The results of measuring the quantity of gas in trade and settlement between organizations and individuals shall meet the following requirements:

a) In cases where measuring instruments or measurement systems are used to determine the quantity of gas based on volume or mass

a1) The result of measuring the volume of LPG/LNG/CNG is converted to standard conditions (standard temperature is 15°C and standard pressure is 101325 Pa). For household LPG supply, the measurement result is determined under actual measurement conditions;

a2) The measurement error of the volume of LPG/LNG at standard conditions does not exceed 1.5 times the permissible measurement error limit of the measuring instrument or measurement system used;

a3) The measurement error of the volume of CNG at standard conditions does not exceed two times the permissible measurement error limit of the measuring instrument or measurement system used;

b) In cases where measuring instruments are used together with calculation methods to determine the quantity of LNG/CNG based on energy content, the LNG/CNG quantity shall comply with the following requirements:

b1) The measurement result of LNG/CNG complies with the requirements stipulated in point a of this clause;

b2) The calculation method is consistent with the guidance provided by the competent state agency on measurement;

c) In cases where LPG is pre-filled into cylinders: the quantity of LPG in the cylinder complies with the technical measurement requirements for pre-packaged goods as stipulated by the law on measurement;

4. If declaring a quantity mark on the label of pre-filled LPG cylinders, it must comply with the requirements for declaring quantity marks on labels of pre-packaged goods as stipulated by the law on measurement;

5. Develop plans and periodically conduct self-inspection of measuring instruments, measurement systems, and measurement conditions with the following main steps:

a) Draft a plan clearly stating the content and periodic self-inspection schedule for measuring instruments, measurement systems, and measurement conditions based on the manufacturer's or importer's technical guidance and documentation;

b) Conduct inspections at least once during the periodic self-inspection period as planned;

c) Retain periodic self-inspection results at a location convenient for inspection by authorized agencies or persons.

Chapter III
QUALITY MANAGEMENT IN GAS TRADING

Section 1
QUALITY MANAGEMENT OF IMPORTED GAS

Article 7. Management of Quality of Imported Gas by Importers

Importers of gas shall comply with the following requirements:

1. Establish, implement, and maintain a Quality Management System according to the National Standard TCVN ISO 9001:2015 (ISO 9001:2015) or a specialized oil and gas Quality Management System according to the National Standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

2. In cases where there is a domestic distribution system, importers shall establish inspection and control regulations and organize the implementation of compliance with quality regulations in gas business activities.

3. Provide copies of the notification of the results of state inspections on the quality of imported gas (for imported gas within the scope regulated by national technical standards) or confirmation documents exempting from state inspections on the quality of imported goods issued by inspection authorities, or take appropriate measures to ensure that the registration documents for state inspections on the quality of imported gas are always retained and provided promptly when required.

4. Comply with legal provisions regarding product labeling.

Article 8. Gas within the Scope Regulated by National Technical Standards

For imported gas within the scope regulated by national technical standards, importers shall comply with the following requirements:

1. Quality management measures as prescribed in the corresponding national technical standards;

2. Register for state inspections on the quality of imported gas in accordance with Clause 2c, Article 7 of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product and Goods Quality, amended and supplemented by Clause 3, Article 1 of Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product and Goods Quality.

During the process of state inspections on the quality of imported gas, if the imported gas does not meet the national technical standards and published standards, the state inspection authority on the quality of imported gas shall handle it in accordance with the law on product and goods quality.

3. Ensure that the quality of gas meets the national technical standards and published standards when supplied to customers. The content of the published standards must not conflict with the corresponding national technical standards.

Article 9. Gas Not Within the Scope Regulated by National Technical Standards

For imported gas not within the scope regulated by national technical standards, importers shall comply with the following requirements:

1. Publish applicable standards for each type of gas in accordance with the regulations;

2. Ensure that the quality of gas meets the published standards.

Section 2
QUALITY MANAGEMENT OF EXPORTED GAS

Article 10. Management of Quality of Exported Gas

1. Establish, implement, and maintain a Quality Management System according to the National Standard TCVN ISO 9001:2015 (ISO 9001:2015) or a specialized oil and gas Quality Management System according to the National Standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

2. Exporters of gas provide gas products to foreign traders in accordance with the quality stipulated in the signed contracts.

3. In cases where exported gas products are returned, exporters of gas shall implement quality management measures in accordance with the law before putting them back into circulation in the domestic market.

Section 3
QUALITY MANAGEMENT OF GAS PRODUCTION, PROCESSING, BLENDING DOMESTICALLY

Article 11. Quality management for production, processing, and blending of gas

Business entities engaged in the production, processing, and blending of gas shall comply with the following requirements:

1. Establish, implement, and maintain a Quality Management System according to the National Standard TCVN ISO 9001:2015 (ISO 9001:2015) or a specialized oil and gas industry Quality Management System according to the National Standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

2. Regarding testing capacity

Have a quality gas testing laboratory or have a minimum one-year contract with a business entity or organization that has a registered testing activity laboratory under the law, possessing sufficient testing capabilities for all gas quality indicators according to the announced standards and national technical regulations.

3. Announce the applicable standards for gas products produced, processed, and blended by the business entity, ensuring that the content does not conflict with national standards and national technical regulations (if any), and guaranteeing that the gas quality meets the announced standards before being circulated on the market. The announcement of applicable standards shall be carried out in accordance with the laws on standards and technical regulations.

a) In the case where the gas product is manufactured for the first time on the market, the business entity shall apply for certification from a certification organization designated by the General Department of Standards Measurement and Quality to undergo inspection and evaluation to ensure compliance with legal provisions on quality and measurement standards.

b) In the case of gas blending, the business entity shall develop a description of the capacity of each gas blending facility including the following basic information:

b1) Name of finished gas product; announcement of applicable standards and quality certificates corresponding to the announced standards of the blended finished gas product;

b2) Blending methods used and corresponding tank systems and equipment;

b3) List of types, quality, and origin of raw materials and additives used in the blending process of various finished gas products;

b4) Quality control plan for gas products during the blending process clearly outlining inspection procedures, testing procedures, blending procedures, self-inspection and testing plans for each batch of gas products; technical documentation;

b5) Safety inspection plan for machinery, equipment, and technological processes to promptly identify and rectify any signs of non-compliance with safety requirements throughout the blending process;

b6) Fire prevention, firefighting, and environmental protection regulations in accordance with the laws on fire prevention, firefighting, and environmental protection;

4. In cases where there is a domestic distribution system for gas, the business entity shall establish and implement inspection and control regulations and organize the implementation of compliance with quality regulations in the gas trading activities of the distribution system managed by the business entity.

5. Provide customers, gas traders, and gas transportation service traders with copies of the notification of acceptance of conformity declarations or take appropriate measures to ensure that conformity declaration files are always retained and provided promptly when requested.

6. When using additives in the production, processing, and blending of gas, the business entity shall report to the Ministry of Science and Technology through the General Department of Standards Measurement and Quality regarding the standards of additives (name of additive, composition, quantity of additive before being put into gas production and processing) and commit to ensuring that the quality of additives does not affect the safety of people, animals, plants, the environment, and the quality of gas.

Applicable standards for announcement shall be implemented in accordance with the laws on standards and technical regulations. The business entity shall bear legal responsibility for the use of additives in the production, processing, and blending of gas.

7. Comply with the legal provisions on product labeling.

Article 12. Gas within the scope of regulation of national technical standards

Gas produced, processed, and blended domestically falls within the scope of national technical standards. Producers, processors, and blenders of gas shall comply with the following requirements:

1. Assess compliance with corresponding national technical standards;

2. Announce conformity based on assessment results; announce applied standards. The content of announced applied standards must not contravene the requirements of corresponding national technical standards;

3. Ensure gas quality complies with corresponding national technical standards and announced applied standards;

4. When domestic-produced, processed, or blended gas is returned by the importing country upon export, exporters shall comply with the following requirements:

a) Conduct quality testing for each batch of finished gas according to corresponding national technical standards and announced applied standards, only allowing batches that meet these standards into circulation;

b) Retain testing results for each batch of gas and present them when requested by competent authorities;

5. Implement labeling in accordance with laws governing product labels.

Article 13. Gas outside the scope of regulation of national technical standards

Gas produced, processed, and blended domestically does not fall under the scope of corresponding national technical standards. Producers, processors, and blenders of gas shall comply with the following requirements:

1. Publish applicable standards for each type of gas in accordance with the regulations;

2. Ensure gas quality meets the published applied standards;

3. When domestic-produced, processed, or blended gas is returned by the importing country upon export, exporters shall comply with the following requirements:

a) Conduct quality testing for each batch of finished gas according to published applied standards, only allowing batches that meet these standards into circulation;

b) Retain testing results for each batch of gas and present them when requested by competent authorities;

c) Implement labeling in accordance with laws governing product labels.

Article 14. Announcement of gas blending facilities

1. Gas producers, processors, and gas exporters, importers (hereinafter referred to as gas blenders) shall prepare one (01) set of gas blending files in accordance with Article 11 of this Circular, retain it at their registered business premises, and submit a self-declaration of compliance with blending conditions to the General Department of Standardization, Metrology, and Quality Control.

Blenders are responsible for the authenticity and honesty of the gas blending files at their blending facilities.

2. Blenders announcing their gas blending facilities may choose to send their self-declaration of compliance with blending conditions via postal service or directly to the single-window administrative procedure department of the General Department of Standardization, Metrology, and Quality Control.

The content of the self-declaration of gas blending facilities shall be carried out in accordance with Model CBPH-ĐKPCK attached as an appendix to this Circular.

3. Within three working days from the date of receipt of the self-declaration of gas blending facilities from the blender, the General Department of Standardization, Metrology, and Quality Control will review and publish the blender's name and gas blending facility on its electronic information portal.

Blenders may commence gas blending operations once their self-declaration of gas blending facilities is published on the General Department of Standardization, Metrology, and Quality Control’s electronic information portal.

Section 4
QUALITY MANAGEMENT OF GAS AT BUSINESS ENTITIES GAS PURCHASE AND SALE AND RETAIL LPG BOTTLE STORES

Article 15. Quality Management of Gas at Gas Trading and Trading Enterprises

Gas trading and trading enterprises shall comply with the following requirements:

1. Establish, implement, and maintain a Quality Management System according to the National Standard TCVN ISO 9001:2015 (ISO 9001:2015) or a specialized Petroleum Industry Quality Management System according to the National Standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010);

2. In cases where there is a domestic distribution system, the enterprise shall establish and implement regulations for inspection, control, and organize the implementation of compliance with quality regulations in gas trading activities within the distribution system managed by the enterprise;

3. Ensure that the quality of gas supplied in the distribution system complies with the announced standards and national technical regulations (for gas within the scope regulated by national technical regulations); do not accept gas of unknown origin. For gas outside the scope regulated by national technical regulations, only distribute gas that meets the announced standards;

4. Provide customers with a copy of the announcement of conformity declaration issued by the competent authority, notification of the results of state inspection on imported gas quality, or a document confirming exemption from state inspection on imported goods quality issued by the inspection agency, or take appropriate measures to manage gas quality records to ensure that the records are always retained and provided promptly when requested;

5. Notify the competent authority, gas production, processing, blending, import enterprises to handle according to regulations when detecting gas that does not meet national technical regulations or announced standards;

6. Retain a copy of the notification of acceptance of conformity declaration and the notification of the results of state inspection on imported gas quality for imported gas in cases where the enterprise imports, produces, processes, blends, and supplies gas;

Article 16. Quality Management of LPG Bottles at Retail Stores

LPG bottle retail stores shall comply with the following requirements:

1. Request gas trading and trading enterprises to provide quality records for each order or batch of LPG bottles imported into the store (provide quality records immediately upon receipt of goods or no later than five (05) working days upon request of the competent state authority);

2. LPG bottles must have labels in accordance with the law on product labeling, and the quality of LPG in bottles must comply with corresponding national technical regulations and announced standards;

3. Retain invoices or copies of invoices for purchases from importers, producers, processors, blenders, or gas trading and trading enterprises for each type of gas when importing goods;

Section 5
QUALITY MANAGEMENT OF GAS AT DISTRIBUTION STATIONS, GAS FILLING STATIONS, AND COMPRESSED NATURAL GAS (CNG) STATIONS GAS STATION, COMPRESSOR STATION FOR CNG

Article 17. Quality Management of Gas at Distribution Stations and Gas Filling Stations

Distribution stations and gas filling stations into bottles, tank trucks, and transport vehicles shall comply with the following requirements:

1. Have quality records for each type of gas imported into the station provided by gas producers, processors, blenders, importers, or gas trading enterprises;

2. The activities of distributing gas and filling gas into bottles, tank trucks, and transport vehicles shall not alter the quality of the gas in any way during the distribution and filling process, leading to non-compliance with announced standards or national technical regulations;

3. Before being put into circulation on the market, LPG bottles must have labels in accordance with the law on product labeling;

4. Establish, implement, and maintain a Quality Management System according to the National Standard TCVN ISO 9001:2015 (ISO 9001:2015) or a specialized Petroleum Industry Quality Management System according to the National Standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

Article 18. Management of gas quality at CNG compression stations

CNG compression stations shall meet the following requirements:

1. Maintain a record of gas quality for CNG imported into the station provided by traders who produce, process, blend, import gas, or traders who operate gas sales.

2. Compress CNG without altering its quality to the extent that it violates national technical regulations or announced standards under any form during the compression process.

3. Establish, implement, and maintain a Quality Management System according to National Standard TCVN ISO 9001:2015 (ISO 9001:2015) or a specialized oil and gas Quality Management System according to National Standard TCVN ISO/TS 29001:2013 (ISO/TS 29001:2010).

Chapter 6
QUALITY MANAGEMENT OF GAS IN RENTAL SERVICES PORTS FOR EXPORTING AND IMPORTING GAS; RENTAL SERVICES OF CONTAINERS, LPG CYLINDER STORAGE FACILITIES AND GAS TRANSPORTATION SERVICES

Article 19. Management of gas quality in rental services for exporting and importing gas, gas containers, and LPG cylinder storage facilities

Traders providing rental services for exporting and importing gas, gas containers, and LPG cylinder storage facilities shall comply with the following requirements:

1. Ensure the quality of gas provided by traders who produce, process, blend, import gas, or traders who operate gas sales; refrain from actions that affect gas quality.

2. Report to competent authorities and traders who produce, process, blend, import gas when discovering gas that does not meet national technical regulations or announced standards for handling according to regulations.

3. Retain quality records provided by traders who produce, process, blend, import gas, or traders who operate gas sales. The retention period is determined by the trader to ensure traceability when necessary.

Article 20. Management of gas quality in transportation services

Traders providing gas transportation services shall comply with the following requirements:

1. Ensure the quality of gas transported by means of transport provided by gas sales traders; ensure the integrity of seals on transport vessels' tanks and LPG cylinders throughout the transportation process; refrain from actions that affect gas quality throughout the transportation process.

2. Coordinate with traders who produce, process, blend, import gas or gas sales traders to immediately stop gas transportation and report to competent authorities for handling according to laws when discovering gas that does not meet national technical regulations or announced standards.

3. Retain quality records provided by traders who import, produce, process, blend gas, or gas sales traders.

Chapter IV
IMPLEMENTATION

Article 21. Responsibilities of management agencies

1. Ministry of Science and Technology:

a) Organize the implementation of activities related to measurement management, gas quality management, and the announcement of blending gas bases as stipulated in this Circular;

b) Receive notifications of standard additives (additive name, composition, additive content before being put into production, processing of gas) and commitments to ensure the quality of additives does not affect human health, animal health, plant health, the environment, and gas quality as stipulated in Clause 6, Article 11 of this Circular;

c) Take the lead and coordinate with relevant ministries' specialized agencies to organize inspections and checks on compliance with measurement and quality regulations for gas trading businesses as stipulated in this Circular;

d) Within three months from receiving self-declaration reports from gas blending traders, the General Department of Standards Measurement and Quality will take the lead and coordinate with relevant agencies to conduct post-inspections at gas blending facilities based on the self-declaration reports, in accordance with the blending conditions of the traders and this Circular;

If, upon inspection, the trader fails to meet the conditions stipulated in Decree No. 87/2018/ND-CP and the requirements of this Circular related to gas blending activities, the General Department of Standards Measurement and Quality will remove the trader's name from the list of gas blending facilities published on the General Department of Standards Measurement and Quality's website, simultaneously notify the Ministry of Industry and Trade, People's Committees of provinces and centrally-run cities where the gas blending activities take place, and inform the trader;

f) Approve measurement instrument models; issue registration certificates and designate organizations to calibrate measurement instruments according to laws on measurement;

g) Provide detailed guidance on technical requirements for measurement instruments, measurement systems, conversion of measured gas quantities to base conditions, calculation methods to determine gas quantities; guidance on verification of measurement procedures and results;

h) Receive notifications from agencies, organizations, and individuals about gas quality that does not meet national technical regulations or announced standards for review and handling;

i) The General Department of Standards Measurement and Quality is responsible for organizing the implementation of points a, b, c, d, f, g, and h of this clause and reporting to the Ministry of Science and Technology on the implementation results according to periodic or urgent reporting requirements of the Ministry of Science and Technology;

2. Responsibilities of advisory and assisting agencies under provincial and centrally-run city People's Committees managing science and technology:

a) Direct subordinate units to implement provisions of this Circular in their localities;

b) Approve information dissemination, publicity, and professional guidance plans on measurement and quality based on proposals from agencies and units performing functions and tasks on standards, measurement, and quality under advisory and assisting agencies of provincial and centrally-run city People's Committees managing science and technology according to this Circular in their localities;

c) Direct the agencies and units to perform their functions and tasks related to standards, measurement, and quality, and the inspection agency under the advisory and assisting bodies of the People's Committee of the province or centrally governed city under the Central Government managing science and technology on the territory within their scope of duties and powers, to take the lead and coordinate with relevant agencies and units to conduct state inspections and checks on measurement and quality for gas refueling stations, gas supply stations, CNG compression stations, gas traders engaged in gas buying and selling, retail stores selling bottled LPG, and gas traders providing gas transportation services on the territory, and other tasks as stipulated in this Circular and other relevant laws.

d) Periodically or at any time when required, compile and report to the Ministry of Science and Technology (through the General Department of Standardization, Measurement, and Quality) and the People's Committee of the province or centrally governed city under the Central Government on the situation of quality management and measurement in gas business activities, inspection and check activities, and handling of violations regarding measurement and quality in gas business activities on the territory, in accordance with Circular No. 03/2019/TT-BKHCN dated June 26, 2019, issued by the Minister of Science and Technology, which stipulates the periodic reporting system within the scope of management of the Ministry of Science and Technology.

3. Agencies and units performing functions and tasks related to standards, measurement, and quality under the advisory and assisting bodies of the People's Committee of the province or centrally governed city under the Central Government managing science and technology on the territory shall be responsible for:

a) Taking the lead and coordinating with related units to organize regular or spot inspections and checks on measurement and quality at gas refueling stations, gas supply stations, CNG compression stations, gas traders engaged in gas buying and selling, retail stores selling bottled LPG, and other distribution units with headquarters in the province, in accordance with this Circular;

b) Periodically or at any time when required, compiling and reporting to the General Department of Standardization, Measurement, and Quality on the situation of quality management and measurement in gas business activities, in accordance with Circular No. 03/2019/TT-BKHCN dated June 26, 2019, issued by the Minister of Science and Technology, which stipulates the periodic reporting system within the scope of management of the Ministry of Science and Technology.

Article 22. Responsibilities of Gas Traders

1. Comply with regulations on the rights and obligations of traders as stipulated in Decree No. 87/2018/NĐ-CP and other legal instruments concerning measurement and quality.

2. Ensure the implementation of measures for measuring and quality control of gas as prescribed in this Circular. Ensure that the quality of gas put into circulation on the market meets the announced standards and national technical regulations. Promptly cease production, processing, blending, notify relevant parties, and take corrective actions when gas produced, processed, or blended is found to not meet the announced standards or corresponding technical regulations.

3. Implement measures as required by competent state management authorities to enable responsible persons and relevant parties to inspect measuring instruments, measurement methods, and the quality of gas supplied to customers.

4. Comply with laws on labor safety and hygiene, laws on safety, fire prevention, firefighting, and environmental protection.

5. Be subject to state inspections and checks on measurement and quality as prescribed by law. Comply with the requirements of the authority and persons with jurisdiction during the inspection and check process as prescribed by law. Adhere to the inspection and check decisions of state authorities with jurisdiction.

6. If a trader violates the provisions of this Circular and relevant laws on the management of measurement and quality of gas in business operations, they will be administratively sanctioned according to the nature and degree of violation as prescribed by law.

7. Retain measurement and quality records of gas as prescribed in this Circular.

Article 23. Responsibilities of gas blending traders

1. Adhere to and implement the provisions of this Circular.

2. Only introduce into circulation on the market types of gases that meet the quality requirements stipulated in this Circular.

3. Be subject to inspection and supervision by competent authorities in gas blending activities.

4. Retain gas blending records in accordance with the provisions of this Circular.

Article 24. Responsibilities of organizations inspecting measuring instruments

1. Conduct inspections of measuring instruments according to the requirements of gas trading traders and comply with the regulations on the responsibilities of organizations inspecting measuring instruments in this Circular and other legal documents on measurement.

2. When discovering acts suspected of violating laws on measurement and quality, promptly report and cooperate with state agencies on measurement and quality at the local level to handle according to the law.

Article 25. Responsibilities of production, import, and supply bases for measuring instruments

1. Implement measures to control measurement (such as sample approval, initial calibration) of measuring instruments in accordance with the provisions of this Circular and other legal regulations on measurement.

2. Implement measures to prevent and protect against influences that change the main technical characteristics of measurement or the control program of measuring instruments from the approved model during use.

3. Comply with the regulations on the responsibilities of production, import, and supply bases for measuring instruments in this Circular and other legal documents on measurement.

Chapter V
IMPLEMENTING PROVISIONS

Article 26. Effective Date

1. This Circular takes effect from March 15, 2020.

1. This Circular takes effect from March 3, 2024.

a) Circular No. 12/2010/TT-BKHCN dated July 30, 2010, issued by the Minister of Science and Technology, stipulating management of quality and measurement in liquefied petroleum gas trade;

b) Circular No. 15/2013/TT-BKHCN dated July 12, 2013, issued by the Minister of Science and Technology, amending and supplementing Clause 2, Article 5 of Circular No. 12/2010/TT-BKHCN dated July 30, 2010, issued by the Minister of Science and Technology, stipulating management of quality and measurement in liquefied petroleum gas trade.

c) Circular No. 11/2016/TT-BKHCN dated June 28, 2016, issued by the Minister of Science and Technology, guiding registration of gas blending facilities.

Article 27. Transitional Provisions

Gas traders who have been granted a Certificate of Registration for Gas Blending Facilities in accordance with Circular No. 11/2016/TT-BKHCN dated June 28, 2016, issued by the Minister of Science and Technology, continue to blend gas until the expiration date of the granted Certificate and are not required to submit a self-declaration of compliance with gas blending conditions, standards notification of additives, and commitment to ensure additive quality as stipulated in this Circular., The self-declaration of compliance with gas blending conditions, standards notification of additives, and commitment to ensure additive quality as stipulated in this Circular.

Article 28. Responsibility for Implementation

1. During implementation, if legal documents, standards cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.

2. The Director of the General Department of Standardization, Measurement, and Quality Control shall guide and organize the implementation of this Circular.

3. In the course of implementation, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly reflect in writing to the Ministry of Science and Technology for guidance or research on amendments and supplements to make it suitable.

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of People's Committees of provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Circular./.

Appendix

(Issued together with Circular No. 20/2019/TT-BKHCN dated December 10, 2019, issued by the Minister of Science and Technology)

Model. CBPH-ĐKPCK

20/2019/TT-BKHCN

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

________________

SELF-PUBLICATION OF COMPLIANCE WITH GAS BLENDING CONDITIONS

Number …

Name of trader:…

Main office address: …

Telephone:…Fax:…Email:…

PUBLISH:

Name of gas blending facility:…

Blending address:…

Type of blended gas:…Blending method used:…

Standards applied (indicate standard number)Quality certificates compliant with the published standards of finished blended gas products (indicate certificate number): ....................................................

Raw materials and additives used in the gas blending process:…Quality testing laboratory (name, address, telephone, fax)…commit and take responsibility under the law for the declarations and publications above./.):...........................

Date…Month…Year…

Trader's representative(Signature, position, stamp))^[1]:.................................

....(Name of the businessIf multiple quality testing laboratories are used, please list the name, address, telephone, and fax of all these laboratories (if the list is long, it can be attached as an appendix to this self-publication)./

¹If multiple quality gas testing laboratories are used, please record the names, addresses, phone numbers, and faxes of all these laboratories (if the list of laboratories is long, it may be attached as an Appendix to this Self-Publication).