Circular No. 29/2007/TT-BKHCN guides the conditions for ensuring quality and measurement in the business activities of motor gasoline and diesel oil according to the provisions of Government Decree No. 55/2007/NĐ-CP dated April 6, 2007 on the business of gasoline and oil.

CIRCULAR

Guidelines on quality assurance and measurement assurance for the business activities of motor gasoline and diesel oil in accordance with Decree No. 55/2007/ND-CP dated April 6, 2007 of the Government on gasoline and oil business.

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Pursuant to Decree No. 54/2003/ND-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/ND-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/ND-CP;

Pursuant to Decree No. 55/2007/ND-CP dated April 6, 2007 of the Government on gasoline and oil business;

The Ministry of Science and Technology issues guidelines on quality assurance and measurement assurance for the business activities of motor gasoline and diesel oil as follows:

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

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

This Circular guides the conditions for quality assurance and measurement assurance for the business activities of motor gasoline and diesel oil (hereinafter referred to as gasoline and oil).

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

a) This Circular applies to enterprises importing, producing, processing, distributing, and retailing gasoline and oil in the domestic market.

b) This Circular does not apply to enterprises importing, producing, and processing specialized gasoline and oil for their own specific needs that do not circulate in the market, and enterprises importing, producing, and blending gasoline and oil for aircraft.

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

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

a) Gasoline and oil business includes importation, production, processing, distribution, and retailing of gasoline and oil in the domestic market.

b) Production and processing of gasoline and oil involve the refining of crude oil and other raw materials into petroleum products.

c) A gasoline and oil business establishment is a place where importation, production, processing, distribution, delivery, and retailing of gasoline and oil take place, including importers, producers, processors of gasoline and oil, distributors (general agents, agents), retailers (shops, retail stations for gasoline and oil), collectively referred to as enterprises.

II. CONDITIONS FOR QUALITY ASSURANCE AND MEASUREMENT ASSURANCE FOR ENTERPRISES IMPORTING GASOLINE AND OIL

1. Quality Assurance Conditions

a) Enterprises must ensure that imported gasoline and oil meet the quality requirements specified in the National Technical Regulation on Gasoline and Diesel Fuel QCVN1:2007/BKHCN (hereinafter referred to as QCVN 1:2007/BKHCN).

This regulation will be reviewed, supplemented, and amended periodically according to the management requirements of the state.

b) Imported gasoline and oil must be inspected for quality before customs clearance procedures are completed. The contents, procedures, and formalities for inspecting the quality of imported gasoline and oil shall be carried out in accordance with the current regulations of the Ministry of Science and Technology.

c) Imported gasoline and oil meeting the quality requirements set forth in point a, Clause 1, Section of this Article may only be allowed to enter circulation in the market.

d) Imported gasoline and oil that do not meet the quality requirements set forth shall be processed through one of two methods: recycling or re-export.

Depending on the nature and degree of violation of quality management requirements, the competent state authority shall decide whether to recycle or re-export imported gasoline and oil that do not meet the quality requirements. Within three working days from the date of the conclusion of the quality inspection of the batch of recycled gasoline and oil that meets the requirements set forth in point a, Clause 1, Section of this Article by the inspection agency in accordance with the law, the competent state management authority shall issue a notification confirming the quality of the consignment.

e) Enterprises importing gasoline and oil that do not meet the quality requirements set forth shall be subject to penalties under Article 21 of Decree No. 126/2005/ND-CP dated October 10, 2005 of the Government, amended and supplemented by Article 1 of Decree No. 95/2007/ND-CP dated June 4, 2007 of the Government on administrative penalties for violations in the field of measurement and product and commodity quality.

f) Enterprises importing gasoline and oil must publish the standards applied according to TCVN 6776:2005 for gasoline and TCVN 5689:2005 for diesel fuel and provide the published standards to distributors and retailers.

2. Measurement Assurance Conditions

Measuring instruments used in the delivery of gasoline and oil must be calibrated in accordance with current regulations and still within the validity period of calibration.

III. CONDITIONS AND RESPONSIBILITIES FOR QUALITY ASSURANCE AND MEASUREMENT ASSURANCE FOR ENTERPRISES PRODUCING AND PROCESSING GASOLINE AND OIL

1. Enterprises producing and processing gasoline and oil must have a testing and measuring laboratory that meets the following conditions:

a) Regarding testing capacity:

- From now until December 31, 2010: having sufficient equipment necessary and appropriate to test, examine, and evaluate the quality indicators of finished gasoline and oil as specified in point a, Clause 1, Section II of this Circular and according to the corresponding testing methods prescribed in QCVN 1:2007/BKHCN.

In cases where there is insufficient equipment to test all quality indicators, it is permissible to use external laboratories to test the remaining indicators and such arrangements must be evidenced by service testing contracts. Priority should be given to recognized laboratories.

- After 2010: having all necessary testing equipment to check all quality indicators of finished gasoline and oil as specified in point a, Clause 1, Section II of this Circular and according to the corresponding testing methods prescribed in QCVN 1:2007/BKHCN.

b) Testing and measuring equipment must be calibrated and verified according to the requirements of the production and processing technology.

c) Having sufficient technical standards, national standards, international standards, and technical documents, inspection procedures, and testing procedures corresponding to each type of produced and processed gasoline and oil.

d) Having a team of technical staff and operators of the production and processing processes who have been trained professionally suitable for their respective positions.

It is encouraged for enterprises to build gasoline and oil testing laboratories according to international standards and to be recognized according to standard TCVN ISO 17025:2005.

2. Responsibilities of Enterprises

a) Enterprises producing and processing gasoline and oil must establish and implement a quality management system in accordance with standard TCVN ISO 9001:2000 or a specialized quality management system for the oil and gas industry ISO/TS 29001:2003 - Petroleum, Petrochemical, and Natural Gas Industries - Specialized Quality Management System - Requirements for Organizations Providing Products and Services.

b) Enterprises producing and processing gasoline and diesel must conduct product certification in accordance with the provisions of Section 2 QCVN 1:2007/BKHCN; announce standards applicable according to TCVN 6776:2005 for gasoline and TCVN 5689:2005 for diesel fuel, and provide announced standards applicable to distributors and retailers.

c) Enterprises must conduct quality checks on each batch of finished gasoline and diesel products and only release batches that meet the quality requirements stipulated in Point a Clause 1 Section II of this Circular. The test results of each batch must be provided to distributors and retailers and stored for presentation upon request from competent authorities.

d) Imported additives used in the production and processing of gasoline and diesel must comply with regulations concerning safety, hygiene, health, environment, and the legitimate rights of consumers.

3. For new enterprises beginning production and processing, before their first release into circulation, finished gasoline and diesel products must be inspected and certified as meeting quality standards. The General Department of Standardization, Metrology, and Quality Control will coordinate with relevant agencies to implement the inspection.

The inspection content includes:

a) Inspecting the quality of finished gasoline and diesel products before they are released into circulation on the market in accordance with the provisions of Point a Clause 1 Section II of this Circular;

b) Inspecting compliance with the Weights and Measures Ordinance regarding measuring instruments used in delivery;

c) Inspecting the testing laboratory's capacity;

d) Inspecting the establishment and implementation of a quality management system.

IV. CONDITIONS TO ENSURE QUALITY AND MEASUREMENT ACCURACY FOR DISTRIBUTORS (WHOLESALE AGENTS, AGENTS) OF GASOLINE AND DIESEL

1. Conditions relating to staff and equipment.

a) Having a technical staff and operators trained in accordance with their respective job positions for receiving, storing, and handling gasoline and diesel.

b) Staff must be trained and issued certificates for the maintenance of measuring instruments and quality control of gasoline and diesel by the Standardization, Metrology, and Quality Control Agency.

Staff who have been issued certificates for the maintenance of measuring instruments and quality control of gasoline and diesel by competent authorities prior to the effectiveness of this Circular do not need to be retrained.

c) Measuring instruments used in the delivery of gasoline and diesel must be calibrated in accordance with current regulations and still within the calibration validity period.

d) Having sufficient storage tanks for different types of gasoline and diesel.

2. Responsibilities:

a) Requesting importers and producers to provide the name, type, and announced standards applicable to each batch of goods. Goods documentation must be stored and photocopied for transfer to retailers (shops, distribution stations).

b) Not altering the quality of gasoline and diesel, and not supplying incorrect types, quantities, or qualities during business operations.

c) Being responsible for the quality of gasoline and diesel during receipt, storage, and transportation as stipulated in contracts.

V. CONDITIONS AND RESPONSIBILITIES TO ENSURE QUALITY AND MEASUREMENT ACCURACY FOR RETAILERS (SHOPS, RETAIL STATIONS FOR GASOLINE AND DIESEL)

1. Conditions relating to design, construction, and equipment.

a) Being constructed in accordance with approved planning schemes.

b) Being designed and constructed in accordance with TCVN 4530:1998.

c) Having sufficient measuring instruments for delivery and retail, which are calibrated in accordance with current regulations and still within the calibration validity period; implementing measurement regulations for retail trade measurements as stipulated.

d) The technology system using measuring instruments in retail sales of gasoline and diesel must be evaluated as meeting technical measurement requirements.

đ) Having sufficient storage tanks for different types of gasoline and diesel.

e) Having adequate fire prevention and firefighting conditions.

2. Conditions relating to staff.

a) Having a technical staff and operators trained in accordance with their respective job positions.

b) Must be trained and issued certificates for the maintenance of measuring instruments and quality control of gasoline and diesel by the Standardization, Metrology, and Quality Control Agency.

Staff who have been issued certificates for the maintenance of measuring instruments and quality control of gasoline and diesel by competent authorities prior to the effectiveness of this Circular do not need to be retrained.

c) Must be trained in fire prevention and firefighting.

3. Responsibilities.

a) Providing consumers with gasoline and diesel in correct quantities, types, and quality as supplied by distributors.

b) Publicly announcing at easily visible locations for consumers information about the name, type of gasoline and diesel; for diesel, specifying the purpose of use for each type.

c) Requesting distributors to provide the name, type, and applicable standards for each type of gasoline and diesel.

d) Being responsible for the legality and accuracy of the measuring instruments equipped. Measuring devices must be periodically calibrated, maintained, and used in accordance with regulations and must ensure the integrity of seals after calibration. Only measuring devices that meet calibration requirements may be put into use.

VI. INSPECTION, CHECKING, AND HANDLING VIOLATIONS REGARDING QUALITY AND MEASUREMENT IN THE SALE OF GASOLINE AND DIESEL

1. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and sectors to organize inspections and checks to ensure quality and measurement accuracy at enterprises importing, distributing, producing, and processing gasoline and diesel in accordance with this Circular.

2. Provincial and municipal science and technology departments shall take the lead and coordinate with relevant units to regularly or spot-check the quality and conditions ensuring quality and measurement accuracy at gasoline and diesel retail shops in accordance with this Circular.

3. Enterprises and staff involved in the sale of gasoline and diesel violating the provisions of this Circular shall be subject to legal penalties depending on the severity of the violation.

4. State officials violating the provisions of this Circular while performing their duties shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the severity of the violation as stipulated by law.

VII. IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. The General Department of Standardization, Metrology, and Quality Control is the agency assisting the Minister of Science and Technology in managing quality and measurement in the business of gasoline and diesel, and is responsible for:

a) Guide the implementation of this Circular;

b) Regularly report to the Ministry of Science and Technology on the situation regarding quality management and measurement management for imported gasoline, domestically produced gasoline, and gasoline circulating in the market.

3. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Science and Technology for consideration and decision./.