Consolidated Document number 21/VBHN-BCT detailing certain provisions of Decree number 83/2014/NĐ-CP dated September 3, 2014 of the Government on trading in petroleum products

MINISTRY OF INDUSTRY AND TRADE --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 21/VBHN-BCT	Hanoi, March 18, 2020

CIRCULAR

DETAILING CERTAIN PROVISIONS OF DECREE NO. 83/2014/ND-CP DATED SEPTEMBER 3, 2014 OF THE GOVERNMENT ON PETROLEUM TRADING

Circular No. 38/2014/TT-BCT dated October 24, 2014 detailing certain provisions of Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on petroleum trading, which took effect from November 1, 2014, has been amended and supplemented by:

1. Circular No. 28/2017/TT-BCT dated December 8, 2017 of the Minister of Industry and Trade amending and supplementing, abolishing some Circulars in the field of petroleum trading, conformity assessment services, and import-export activities under the management of the Ministry of Industry and Trade, which took effect from January 1, 2018;

2. Circular No. 41/2019/TT-BCT dated December 16, 2019 of the Minister of Industry and Trade supplementing the detailed list according to HS codes of goods for export and import specified in some Circulars of the Ministry of Industry and Trade, which took effect from January 29, 2020;

3. Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade amending and supplementing some regulations on periodic reporting systems in Circulars issued by the Minister of Industry and Trade or jointly issued, which took effect from February 5, 2020.

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

- Sending via fax or email to the address [email protected] (scanned copy)."

Pursuant to Decree No. 35/2006/ND-CP dated March 31, 2006 of the Government detailing the Law on Commerce regarding franchising activities;

At the proposal of the Director of the Domestic Market Department;[1]

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular details certain provisions of Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on petroleum trading.

2. This Circular applies to Vietnamese traders engaged in petroleum trading in the Vietnamese market.

Article 2. Interpretation of Terms

1. Principal agent: is the principal trader or distributor of petroleum or the general agent when transferring petroleum to the agent.

2. Agent: is the general agent or retail agent when receiving petroleum from the principal agent.

3. Petroleum seller:

a) Is the principal trader selling petroleum to another principal trader or to a distributor;

b) Is the distributor selling petroleum to another distributor.

4. Petroleum buyer:

b) Is a petroleum product distributor purchasing petroleum products from principal traders or from other petroleum product distributors;

b) Is the distributor purchasing petroleum from principal traders or from other distributors.

5. Retail petroleum franchise grantor: is the principal trader or distributor granting commercial rights to the retail petroleum franchisee.

6. Retail petroleum franchisee: is the trader operating petroleum who receives commercial rights from the retail petroleum franchise grantor.

7. Retail petroleum franchise: is the act where the franchise grantor permits and requires the franchisee to conduct retail petroleum trading operations according to a system prescribed by the franchise grantor and associated with the goods, brand name, trade name, slogan, business symbol, and advertising of the franchise grantor. The term of the retail petroleum franchise contract shall be consistent with the validity period of the Export and Import Business License of the petroleum export and import trader or the Certificate of Eligibility to be a Petroleum Distributor but must be at least twelve (12) months.Coat, trade name, business slogan, business logo, advertising of the franchisee. The term of the retail fuel franchise agreement shall be consistent with the validity period of the Export and Import Business License of the trader engaged in export and import of fuel or the Confirmation of Qualification as a Fuel Distributor, but must be at least twelve (12) months.

Article 3. Agency Contract for Petroleum Products

1. The agency contract for petroleum products must be established in writing and include the following main contents:

a) Name, address, tax code of the agent and the principal; form of agency; quantity, quality, type of petroleum products, method of delivery and receipt, selling price, commission; other commitments as prescribed by law and this Circular;

b) Responsibilities of the parties regarding the quality of petroleum products; inspection and supervision system for the quality of petroleum products and joint liability for the quantity and quality of petroleum products sold within the agency network of the key trader or distributor or general agent (when acting as the principal);

c) Specific provisions on the issuance of invoices and certificates; payment of commissions; invoices and certificates for goods circulating on the road for petroleum product transport vehicles according to the regulations of the Ministry of Finance;

d) Selection of petroleum product transport vehicles, provisions on insurance for persons and vehicles, ensuring safety during transportation, responsibility for quantity and quality of petroleum products, risks, losses, handover procedures, freight charges, and other provisions agreed upon and committed to in the agency contract.ỏa agree, commitment in the agency contract.

2. The minimum term of the contract shall be twelve (12) months.

Article 4. Purchase and Sale Contract for Petroleum Products

The purchase and sale contract for petroleum products must be established in writing and include the following main contents:

1. Name, address, tax code of the seller and buyer; quantity, quality, type of petroleum products, method of delivery and receipt, purchase price, selling price; other commitments as prescribed by law and this Circular.

2. Responsibilities of the parties regarding the quality of petroleum products.

3. Specific provisions on the issuance of invoices and certificates for the purchase and sale of petroleum products; invoices and certificates for goods circulating on the road for petroleum product transport vehicles according to the regulations of the Ministry of Finance.Coat circulation on the road for fuel transport vehicles in accordance with the regulations of the Ministry of Finance.

Article 5. Franchise Contract for Retailing Petroleum Products

1. The franchise contract for retailing petroleum products must be established in writing and include the following main contents:

a) Name, address, tax code of the franchisor and franchisee; content of the right to retail petroleum products; quantity, quality, type of petroleum products, method of delivery and receipt; prices, periodic franchise fees, payment methods; other commitments as prescribed by law and this Circular;

b) Specific provisions on the issuance of invoices and certificates for petroleum products when implementing the franchise activities; invoices and certificates for goods circulating on the road for petroleum product transport vehicles according to the regulations of the Ministry of Finance;Coat documents, certificates regarding goods circulation on the road for fuel transport vehicles in accordance with the regulations of the Ministry of Finance;

2. The minimum term of the contract shall be twelve (12) months.

Article 6. Issuance of Permits, Certifications, and Certificates

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1. A trader who needs to apply for new, additional, amended, or renewed permits for exporting and importing petroleum products, certifications of eligibility to be a distributor of petroleum products, certifications of eligibility to be a general agent for trading petroleum products, certifications of eligibility to be a retail agent for petroleum products, and certificates of retail outlets eligible to sell petroleum products shall submit one set of application documents to the Ministry of Industry and Trade or the Department of Industry and Trade via official correspondence or through electronic means at the addresses announced on their websites.

a) For administrative procedures for new issuance, additional issuance, amendment of the Certificate of Eligibility to be a Principal Trader in Petroleum Products, carried out in accordance with Clause 3, Article 8 of Decree No. 83/2014/NĐ-CP.

a) In cases where the submitted documents are incomplete, the Ministry of Industry and Trade will issue a written request for the trader to supplement the documents within seven working days from the date of receiving the documents.

b) Within thirty working days from the date of receiving complete and valid documents, the Ministry of Industry and Trade is responsible for reviewing, assessing, and verifying the actual capacity of the trader and issuing permits for exporting and importing petroleum products; certifications of eligibility to be a distributor of petroleum products; certifications of eligibility to be a general agent for trading petroleum products (with a distribution network covering two or more centrally-administered cities or provinces) to the trader.

c) Depending on specific circumstances, the Ministry of Industry and Trade may cooperate with or delegate the Department of Industry and Trade where the trader's headquarters is located or where the trader has a business operation to assess and verify the actual capacity of the trader, and submit a written report to the Ministry of Industry and Trade for review and issuance of certifications of eligibility to be a distributor of petroleum products and certifications of eligibility to be a general agent for trading petroleum products.

d) If the results of the actual verification do not match the information provided in the application documents, the Ministry of Industry and Trade will notify the trader in writing, specifying the reasons for refusing to issue the permit or certification.

e) If the results of the actual verification match the information provided in the application documents, the Ministry of Industry and Trade will issue the permit or certification according to Model No. 2, Model No. 6, and Model No. 8 attached to Decree No. 83/2014/NĐ-CP.

a) For administrative procedures for new issuance, additional issuance, amendment of the Certificate of Eligibility to be a Total Agency for Petroleum Products Trading (with a distribution system covering one (01) province or centrally-administered city), carried out in accordance with Clause 4, Article 17 of Decree No. 83/2014/NĐ-CP.

a) In cases where the submitted documents are incomplete, the Department of Industry and Trade will issue a written request for the trader to supplement the documents within three working days from the date of receiving the documents.|||b) Within twenty working days from the date of receiving complete and valid documents, the Department of Industry and Trade is responsible for reviewing, assessing, and verifying the actual capacity of the trader and issuing certifications of eligibility to be a general agent for trading petroleum products (with a distribution network covering one centrally-administered city or province); certifications of eligibility to be a retail agent for petroleum products; certificates of retail outlets eligible to sell petroleum products.

c) If the results of the actual verification do not match the information provided in the application documents, the Department of Industry and Trade will notify the trader in writing, specifying the reasons for refusing to issue the certification or certificate.

d) If the results of the actual verification match the information provided in the application documents, the Department of Industry and Trade will issue the certification or certificate to the trader.

d) If the results of the actual verification match the information provided in the application documents, the Department of Industry and Trade will issue the certification or certificate to the trader according to Model No. 4, Model No. 8, and Model No. 10 attached to Decree No. 83/2014/NĐ-CP.

d) In case the actual inspection results match the application dossier of the trader, the Department of Industry and Trade shall issue the Confirmation Certificate, Certificate to the trader according to Form No. 4, Form No. 8, Form No. 10 attached to Decree No. 83/2014/NĐ-CP.

4. The trader is responsible for paying fees and charges as prescribed by law. The use of such fees and charges shall be in accordance with the regulations of the Ministry of Finance and the Ministry of Industry and Trade.

Chapter II

PETROLEUM PRODUCTS BUSINESS ACTIVITY

Article 7. Business entities engaged in exporting and importing petroleum products

Business entities engaged in exporting and importing petroleum products shall be responsible for:

1. Registering their petroleum product distribution system periodically with the Ministry of Industry and Trade before January 31 each year, according to Form No. 1 attached hereto. In case of changes in the distribution system of the main business entity, within thirty (30) working days from the date of change, the main business entity must submit an adjusted registration to the Ministry of Industry and Trade.

2[3]. Reporting petroleum import-export-inventory data and petroleum inventory in three Regions according to Form No. 2 attached hereto, sent to the Ministry of Industry and Trade on a monthly, quarterly, and annual basis, and submitted promptly upon request of the Ministry of Industry and Trade. The main business entity sends these periodic reports directly or through postal services to the Ministry of Industry and Trade before the twentieth day of the first month of the next period.

3[4]. Submitting a monthly report on the implementation of petroleum imports, purchasing petroleum from domestic production sources, blending petroleum products, exporting petroleum products, temporarily importing for re-export, and transferring petroleum products according to Form No. 5 attached hereto, sent directly or through postal services to the Ministry of Industry and Trade before the twentieth day of the next month.

4. Signing agency contracts to deliver petroleum products to the receiving agent, which is the general agent or the agent implementing petroleum product distribution.

5. Signing purchase and sale contracts for petroleum products with other main business entities; selling petroleum products to distribution business entities.

6. Signing franchise contracts to sell petroleum products at retail with business entities accepting the right to sell petroleum products at retail.

7. Selling petroleum products wholesale to production units and direct consumers.

Subsidiaries of business entities engaged in exporting and importing petroleum products, as stipulated in the Enterprise Law, may carry out tasks within the scope of authorization granted by the business entities engaged in exporting and importing petroleum products, including:

a) Selling petroleum products wholesale to production units and direct consumers;

b) Signing contracts for selling petroleum products to petroleum product distributors;

c) Signing franchise contracts for retailing petroleum products with retailers;

d) Signing agency delivery contracts.

8. Managing the petroleum product distribution system and business entities within the distribution system of the main business entity, ensuring compliance with legal regulations for petroleum product business operations, market stability, and prices.

9. Developing plans for expanding the distribution network and technical infrastructure for petroleum product business operations in regions, provinces, and cities to meet market development needs.

10. Based on the date of issuance of the Petroleum Export-Import Business License, reporting the results of implementing the material and technical facility conditions serving petroleum product business operations as prescribed in Article 7 of Decree No. 83/2014/ND-CP according to Form No. 3 attached hereto, sent to the Ministry of Industry and Trade along with supporting documents. Specifically:

a) For warehouses and transportation means: submitting to the Ministry of Industry and Trade within fifteen (15) working days from the completion of the schedule;

b) For retail gasoline stations: submitting to the Ministry of Industry and Trade within fifteen (15) working days at the beginning of the following year's reporting period.

Article 8. Petroleum Product Distributors

Petroleum Product Distributors shall be responsible for:

1. Registering their petroleum product distribution system periodically with the Ministry of Industry and Trade before January 31 each year, according to Form No. 1 attached hereto. In case of changes in their distribution system, within ten (10) working days from the date of change, the distributor must submit an adjusted registration to the Ministry of Industry and Trade.

2. Reporting petroleum import-export-inventory data and petroleum inventory in three Regions according to Form No. 2 attached hereto, sent to the Ministry of Industry and Trade on a monthly, quarterly, and annual basis, and submitted promptly upon request of the Ministry of Industry and Trade. Petroleum Product Distributors send these periodic reports to the Ministry of Industry and Trade before the twentieth day of the first month of the next period.

3. Signing purchase contracts for petroleum products from main business entities or other petroleum product distributors in accordance with Article 15 of Decree No. 83/2014/ND-CP.

4. Signing agency contracts to deliver petroleum products to the receiving agent implementing petroleum product distribution.

5. Signing franchise contracts to sell petroleum products at retail with business entities accepting the right to sell petroleum products at retail.

6. Managing the petroleum product distribution system and business entities within the distribution system of the petroleum product distributor, ensuring compliance with legal regulations for petroleum product business operations, market stability, and prices.

Article 9. General Agent for Gasoline and Oil Trading

The business entity acting as a general agent for gasoline and oil trading shall be responsible for:

1. Registering periodically the distribution system of the general agency with the principal, the Department of Industry and Trade where the business entity has its distribution system, and the Ministry of Industry and Trade before January 10 each year according to Form No. 1 attached to this Circular. In case of changes in the distribution system of the general agency, within ten (10) working days from the date of change, the business entity acting as a general agent must submit an adjusted registration to the principal, the Department of Industry and Trade where the business entity has its distribution system, and the Ministry of Industry and Trade.

2. Signing a general agency contract for gasoline and oil trading in accordance with Article 18 of Decree No. 83/2014/NĐ-CP. The general agent must terminate the existing agency contract with the current principal before signing a general agency contract with another principal.

3. Signing an agency contract to supply gasoline and oil to the recipient agency for distribution.

4. Based on the signed contract with the principal, organizing continuous and stable supply of gasoline and oil to the entire distribution system of the general agency, fully and promptly meeting market demand.

5. Not selling at a price higher than the retail price set by the key trader.

6. Refusing to accept gasoline and oil from the principal if there is evidence that the quality of the gasoline and oil is not guaranteed.

Article 10. Retail Agency for Gasoline and Oil

The business entity acting as a retail agency for gasoline and oil shall be responsible for:

1. Registering the distribution system of the retail agency with the principal and the Department of Industry and Trade where the business entity has its distribution system before January 5 each year according to Form No. 1 attached to this Circular. In case of changes in the distribution system of the retail agency, within ten (10) working days from the date of change, the business entity acting as a retail agency must submit an adjusted registration to the principal and the Department of Industry and Trade where the business entity has its distribution system.

2. Signing a retail agency contract for gasoline and oil in accordance with Article 21 of Decree No. 83/2014/NĐ-CP. The retail agency must terminate the existing agency contract with the current principal before signing a retail agency contract with another principal.

3. Ensuring continuous supply of gasoline and oil to the market and not selling at a price higher than the retail price set by the key trader or the distributor of gasoline and oil.

4. Refusing to accept gasoline and oil from the principal if there is evidence that the quality of the gasoline and oil is not guaranteed.

Article 11. Business Entity Receiving Rights to Sell Gasoline and Oil at Retail

The business entity receiving rights to sell gasoline and oil at retail shall be responsible for:

1. Registering periodically the distribution system of the business entity receiving rights to sell gasoline and oil at retail with the franchisor, the Department of Industry and Trade where the business entity has its distribution system, and the Ministry of Industry and Trade before January 5 each year according to Form No. 1 attached to this Circular. In case of changes in the distribution system, within ten (10) working days from the date of change, the business entity must submit an adjusted registration to the franchisor, the Department of Industry and Trade where the business entity has its distribution system, and the Ministry of Industry and Trade.

2. Signing a contract to receive rights to sell gasoline and oil at retail in accordance with Article 23 of Decree No. 83/2014/NĐ-CP and in compliance with laws on franchising. The business entity receiving rights to sell gasoline and oil at retail must terminate the existing franchise contract with the current franchisor before signing a contract to receive rights to sell gasoline and oil at retail with another franchisor.

Chapter III

EXPORT, IMPORT, TEMPORARY IMPORT FOR RE-EXPORT, AND TRANSFER OF GASOLINE AND OIL AND RAW MATERIALS

Article 12. Registration of the minimum annual import quota for gasoline and oil

1. Businesses engaged in exporting and importing gasoline and oil shall submit one (01) set of registration dossier for the minimum annual import quota for gasoline and oil of the following year in accordance with Article 34 of Decree No. 83/2014/NĐ-CP on the Ministry of Industry and Trade before November 15 of the current year.

2. Within thirty (30) working days from the date of receipt of the registration dossiers of businesses engaged in exporting and importing gasoline and oil, the Ministry of Industry and Trade shall allocate the minimum annual import quota for gasoline and oil to each enterprise based on the total domestic demand for gasoline and oil consumption, the total domestic production and blending of gasoline and oil, and according to each type of gasoline and oil.

3. In cases where the minimum annual import quota for gasoline and oil is not allocated to a business, the Ministry of Industry and Trade shall respond in writing and specify the reasons.

4. If there is a need to adjust the minimum annual import quota for gasoline and oil, the business shall send a written request for adjustment to the Ministry of Industry and Trade before September 30 of each year.

5. Businesses engaged in exporting and importing gasoline and oil must ensure the import progress quarterly or in accordance with the guidance document issued by the Ministry of Industry and Trade when the Ministry of Industry and Trade issues specific guidance documents on the import progress of gasoline and oil to ensure supply sources.

Article 13. Export of Gasoline and Oil and Raw Materials

1. Businesses engaged in exporting and importing gasoline and oil may only export gasoline and oil after obtaining approval from the Ministry of Industry and Trade.

2. The Ministry of Industry and Trade shall consider the export requests of businesses based on balancing supply sources, domestic consumption needs, to ensure that exports do not affect the supply and demand of gasoline and oil in the domestic market.

3. The export of raw materials (excluding gasoline and oil) does not require a permit.

4. The export of gasoline and oil and raw materials by businesses producing gasoline and oil shall be carried out according to the registered plan and confirmed by the Ministry of Industry and Trade in accordance with Article 15 of this Circular.

5. Businesses shall submit the Export Registration Form for gasoline and oil to the Ministry of Industry and Trade via postal service, using Model No. 4 attached to this Circular.

Within seven (07) working days from the date of receipt of the export registration form submitted by the business, the Ministry of Industry and Trade shall issue a written approval for export or notify the reasons for disagreement.

Article 14. Temporary Import for Re-export, Transshipment of Gasoline and Oil and Raw Materials

1. Only businesses holding a Business License for exporting and importing gasoline and oil may engage in temporary import for re-export, transshipment of gasoline and oil and raw materials.

2. Businesses selling gasoline and oil to entities specified in Point a Clause 5 Article 35 of Decree No. 83/2014/NĐ-CP must have a registration for the business operation of supplying aviation fuel. Businesses selling gasoline and oil to entities specified in Point b Clause 5 Article 35 of Decree No. 83/2014/NĐ-CP must have a registration for the business operation of marine vessel service supply or through a marine vessel supply company acting as an agent for supply to sell gasoline and oil.

3. The period during which gasoline and raw materials temporarily imported for re-export can be stored in Vietnam shall be implemented in accordance with Article 11 of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government.

4. Businesses are permitted to temporarily import large consignments of gasoline and raw materials and re-export them in their original consignment or in smaller lots from domestic storage facilities of the business in accordance with the quantity and types temporarily imported.

5. Businesses engaged in temporary import for re-export and transshipment of gasoline and raw materials may transfer to domestic consumption the amount of gasoline temporarily imported but not re-exported or not fully re-exported after fulfilling all tax and financial obligations, including late payment penalties (if applicable), in accordance with regulations and must comply with current regulations on quality standards for imported gasoline circulating in the domestic market.

Chapter IV

PRODUCTION AND PROCESSING FOR EXPORT OF GASOLINE AND OIL

Article 15. Production of gasoline and diesel fuel, importation of raw materials for production of gasoline and diesel fuel

1. Business operators producing gasoline and diesel fuel must register their plans for production of gasoline and diesel fuel, importation of raw materials for production of gasoline and diesel fuel, and consumption of gasoline and diesel fuel products with the Ministry of Industry and Trade.

2. The importation of raw materials for production of gasoline and diesel fuel and the exportation of gasoline and diesel fuel produced shall be carried out according to the registered plan and confirmed by the Ministry of Industry and Trade.

3. Business operators may only register for the importation of types of raw materials specified in Clause 6, Article 3 of Decree No. 83/2014/ND-CP, in accordance with their production capacity.

4. Imported raw materials can only be used for the production of gasoline and diesel fuel at the business operator's facility. Any change in the purpose of using raw materials must be agreed upon in writing by the Ministry of Industry and Trade.

Article 16. Documents and procedures for registering plans for production of gasoline and diesel fuel, importation of raw materials for production of gasoline and diesel fuel, and consumption of gasoline and diesel fuel products

1. The documents for registering plans for production of gasoline and diesel fuel, importation of raw materials for production of gasoline and diesel fuel, and consumption of gasoline and diesel fuel products include:

a) Application form for registration of plans for production of gasoline and diesel fuel, importation of raw materials for production of gasoline and diesel fuel, and consumption of gasoline and diesel fuel products according to Model No. 6 attached hereto: four (04) original copies.

b) Investment certificate or Enterprise Registration Certificate: one (01) certified true copy of the business operator.

c) Documentation proving that the business operator has a gasoline and diesel fuel production facility in accordance with the approved master plan and has been issued an Investment Certificate by the competent authority: a certified true copy of the business operator.

d) Documentation proving that the business operator has a laboratory under its ownership, capable of testing and analyzing quality indicators of gasoline and diesel fuel in accordance with national technical regulations: a certified true copy of the business operator.

2. Business operators with stable production facilities need not submit the documents stipulated in points b, c, and d of Clause 1 of this Article from the second registration onwards.

3. Procedures and formalities for confirming plans for production of gasoline and diesel fuel, importation of raw materials for production of gasoline and diesel fuel, and consumption of gasoline and diesel fuel products

a) Before October 30 each year, business operators producing gasoline and diesel fuel submit the application for registration of plans for production of gasoline and diesel fuel, importation of raw materials for production of gasoline and diesel fuel, and consumption of gasoline and diesel fuel products according to Clause 1 of this Article for the following year.

b) Within ten (10) working days from the date of receipt of the business operator’s registration application, the Ministry of Industry and Trade confirms the registration of plans for production of gasoline and diesel fuel, importation of raw materials for production of gasoline and diesel fuel, and consumption of gasoline and diesel fuel products for the business operator to implement. The confirmation document is sent to the General Department of Customs - Ministry of Finance to handle the importation of raw materials by the business operator and sent to the General Department of Standardization, Measurement, and Quality Control - Ministry of Science and Technology to monitor compliance with conditions and provisions set forth in Articles 10 and 11 of Decree No. 83/2014/ND-CP.

In case of refusal to confirm, the Ministry of Industry and Trade will issue a notification to inform the business operator of the reasons.

4[5]. Business operators producing gasoline and diesel fuel have the responsibility to report periodically on a monthly basis about the situation of production, importation of raw materials, and consumption of gasoline and diesel fuel products directly or through postal services to the Ministry of Industry and Trade before the tenth day of the following month according to Model No. 7 attached hereto.

5. In cases where business operators fail to ensure the implementation of the confirmed plans for production, blending, importation of raw materials, and consumption of gasoline and diesel fuel products, they must submit a written report detailing the reasons and request the Ministry of Industry and Trade to confirm adjustments to the plans for production, blending, importation of raw materials, and consumption of gasoline and diesel fuel products.

Article 17. Processing for Export of Petroleum Products

1. Only traders producing petroleum products shall be allowed to accept processing for export of petroleum products.

2. In cases where the party commissioning the processing designates the sale of processed petroleum products to Vietnamese traders for domestic consumption, such products may only be sold to principal traders and must comply with current regulations on quality standards for imported petroleum products circulating in the domestic market.

3. In cases where traders engaged in exporting and importing petroleum products purchase processed petroleum products, such purchases shall be deducted from their minimum import quota for petroleum products.

Chapter V

IMPLEMENTATION

Article 18. Effective Date

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This Circular shall take effect from November 1, 2014.

Article 19. Responsibility for Implementation

1. Domestic Market Department

a) To lead and coordinate with relevant units to guide localities and enterprises in implementing tasks stipulated in Article 6 of Chapter I and Chapter II of this Circular;

b) To lead and coordinate with relevant units to inspect conditions, issue, and revoke licenses and certificates issued according to the provisions of Article 6 of this Circular.

2. Science and Technology Department

a) To lead and coordinate with relevant units to review, amend, supplement, and perfect national technical standards concerning the design requirements for land-based and water-based petroleum product retail outlets, ensuring uniform implementation nationwide;

b) To lead and coordinate with relevant units to establish the loss rate for petroleum products for state management purposes;

c) To lead and coordinate with relevant units to implement the phased application of biofuel blending ratios with traditional fuels according to the Prime Minister's regulations.

3. E-commerce and Information Technology Department shall lead and coordinate with the Domestic Market Department, Financial Department, and the Ministry’s Office to publicly disclose information on petroleum product trading and enterprise financial information on the Ministry’s electronic information website.

4. Units under the Ministry of Industry and Trade, within their functions, duties, and authorities, shall lead and coordinate with the Domestic Market Department to monitor, supervise, inspect, and audit the implementation of this Circular.

5. Provincial Departments of Industry and Trade; organizations and individuals related to petroleum product trading; and petroleum product traders shall be responsible for implementing this Circular.

6. During the implementation process, if there are difficulties or obstacles, agencies and units are requested to report to the Ministry of Industry and Trade for research, amendment, and supplementation to ensure appropriateness./.

CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER Tran Tuan Anh

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