Decree No. 83/2014/NĐ-CP on Trading in Petroleum Products

DECREE

On gasoline and diesel oil business

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Trade dated June 14, 2005;

At the proposal of the Minister of Industry and Trade,

The Government issues the Decree on gasoline and diesel oil business.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the gasoline and diesel oil business and the conditions for conducting the gasoline and diesel oil business in the Vietnamese market.

Article 2. Applicability

1. This Decree applies to Vietnamese traders as provided for in the Law on Trade.

2. This Decree does not apply to traders importing, producing, and blending types of gasoline and diesel oil exclusively for their own needs without circulating on the market as registered with the Ministry of Industry and Trade.

Article 3. Explanation of Terms

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

1. Gasoline and diesel oil refers collectively to products from crude oil refining processes used as fuel, including: motor gasoline, diesel oil, kerosene, bitumen, aviation fuel; biofuel and other products used as engine fuel, excluding liquefied petroleum gas and compressed natural gas.

2. Gasoline and diesel oil business includes activities: Export (gasoline and diesel oil, domestic raw materials, imported gasoline and diesel oil, and raw materials), import, temporary import for re-export, transshipment, export processing of gasoline and diesel oil, raw materials; production and blending of gasoline and diesel oil; distribution of gasoline and diesel oil in the domestic market; services of leasing warehouses, ports, reception, storage, and transportation of gasoline and diesel oil.

3. Production of gasoline and diesel oil is the process of refining, converting crude oil, gasoline and diesel oil products, semi-finished products, additives, and other preparations into gasoline and diesel oil products.

4. Blending of gasoline and diesel oil is the process of mixing gasoline and diesel oil products, semi-finished products, additives, and other preparations to convert them into gasoline and diesel oil products.

5. Gasoline and diesel oil business premises include: specialized ports, production plants, blending workshops, warehouses, transportation means, and retail outlets.

6. Raw materials for the production and blending of gasoline and diesel oil include: crude oil, products, semi-finished products, additives, and other preparations.

7. World price of gasoline and diesel oil is the price of gasoline and diesel oil products traded on international markets determined and announced by the Joint Ministry of Industry and Trade - Finance.

8. Retail price of gasoline and diesel oil is the price at retail outlets.

9. Base price is the basis for state management agencies to regulate the retail price of gasoline and diesel oil in the country.

The base price includes factors and is calculated as follows: (CIF Price + Import Tax + Special Consumption Tax) x Foreign Exchange Rate + Value Added Tax + Standard Operating Costs + Stabilization Fund Contribution Rate + Standard Profit Rate + Environmental Protection Tax + Other taxes, fees, and other contributions as prescribed by current laws; averaged over 15 days closest to the pricing day of the mandatory reserve cycle of gasoline and diesel oil as stipulated in Clause 1, Article 31 of this Decree. Among which:

CIF Price is the world price of gasoline and diesel oil + Insurance Fee + Transportation Cost to Vietnam's port;

The foreign exchange rate for calculating CIF Price is the selling foreign exchange rate of the Vietnam Bank for Foreign Trade, averaged over 15 days closest to the pricing day of the mandatory reserve cycle of gasoline and diesel oil as stipulated in Clause 1, Article 31 of this Decree;

The foreign exchange rate for calculating import tax and special consumption tax is the average inter-bank foreign exchange transaction rate published by the State Bank of Vietnam, averaged over 15 days closest to the pricing day of the mandatory reserve cycle of gasoline and diesel oil as stipulated in Clause 1, Article 31 of this Decree;

Import Tax, Special Consumption Tax, Value Added Tax, Environmental Protection Tax; standard operating costs, standard profit rate; Stabilization Fund; other taxes, fees, and other contributions as prescribed by current laws.

10. Gasoline and diesel oil traders include: Export and import traders of gasoline and diesel oil; production traders of gasoline and diesel oil; distribution traders of gasoline and diesel oil; general agency traders of gasoline and diesel oil; retail agency traders of gasoline and diesel oil; franchise retail traders of gasoline and diesel oil; service traders of gasoline and diesel oil.

11. Key traders include: Export and import traders of gasoline and diesel oil and production traders of gasoline and diesel oil.

Key traders are the owners of gasoline and diesel oil throughout their distribution system, except when selling gasoline and diesel oil to distribution traders and franchise retail traders.

12. Distribution traders of gasoline and diesel oil are traders purchasing gasoline and diesel oil from key traders, in addition to self-consumption at their own retail outlets, must organize a direct agency system or through franchise retail traders to sell gasoline and diesel oil.

13. General agency traders of gasoline and diesel oil are traders acting as agents for the gasoline and diesel oil business, in addition to self-consumption at their own retail outlets, must organize a direct agency system to sell gasoline and diesel oil to the principal agency trader for remuneration.

14. Retail agency traders of gasoline and diesel oil are traders acting as agents to carry out the retail sale of gasoline and diesel oil at their own retail outlets for the principal agency trader, distribution trader, or general agency trader of gasoline and diesel oil for remuneration.

15. Franchise retail traders of gasoline and diesel oil are traders engaged in the retail sale of gasoline and diesel oil under a franchising arrangement from key traders or distribution traders.

16. Copy means:

a) Certified copy (for cases submitted via postal service or administrative correspondence).

b) Photocopy accompanied by the original for comparison (for cases submitted in person).

2. A new license will be issued in cases of reissue due to damage, fire, loss; reissue after expiration following revocation; or reissue upon expiration of the current license.

Article 4. Application of international treaties and related laws

1. Foreign traders conducting gasoline and diesel business in Vietnam according to international treaties to which the Socialist Republic of Vietnam is a member must comply with the provisions of this Decree; in cases where the international treaty provides differently from the provisions of this Decree, the provisions of the international treaty shall apply.

2. Traders conducting gasoline and diesel business, in addition to complying with the provisions of this Decree, must also comply with other relevant legal provisions.

Article 5. Planning for the development of the gasoline and diesel trading system

1. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to establish and publicly announce the planning for the development of the gasoline and diesel trading system, including: Planning for traders exporting and importing gasoline and diesel; planning for the development of the main oil depot and storage system, strategic reserve depots and circulation reserves, and the national pipeline network for gasoline and diesel based on alignment with the orientation of the Vietnamese petroleum industry and economic and social development at each stage.

2. The Ministry of Transport, when establishing new projects or renovation and upgrading projects for transportation systems, shall take the lead and coordinate with the Ministry of Industry and Trade, relevant ministries and sectors, and provincial People's Committees under the central government to determine appropriate connection points that are compatible with the planned gasoline and diesel trading infrastructure.

3. Provincial People's Committees under the central government have the responsibility to establish and publicly issue plans for retail gas station networks and depots serving the circulation needs of gasoline and diesel within their jurisdictions. Retail gas stations must comply with National Technical Regulations issued by competent state management agencies; specifically in border areas, they must adhere to regulations ensuring safety for border management, protection, and anti-smuggling activities.

4. Encouragement is given to traders from various economic sectors to invest in developing gasoline and diesel trading facilities in accordance with approved planning.

Article 6. Fire prevention, firefighting, and environmental protection

1. Gasoline and diesel trading facilities must ensure compliance with legal provisions on fire prevention, firefighting, and environmental protection during their operations.

2. Traders conducting gasoline and diesel business must organize regular inspections every six (06) months of their trading facilities to ensure compliance with current legal provisions on fire prevention, firefighting, environmental protection, and quality standards for gasoline and diesel.

Chapter II

GASOLINE AND DIESEL TRADING

Section 1

EXPORTING AND IMPORTING GASOLINE AND DIESEL

Article 7. Conditions for traders exporting and importing gasoline and diesel

Traders meeting the conditions stipulated below shall be granted a Business License for Exporting and Importing Gasoline and Diesel by the Ministry of Industry and Trade:

1. A business established in accordance with the law, with gasoline and diesel trading registered in its Enterprise Registration Certificate.

2. Possessing a specialized wharf within the national international port system capable of receiving oil tankers or other fuel transport vessels with a minimum capacity of seven thousand tons (7,000 tons), owned by the enterprise or jointly owned or leased for five (05) years or more.

3. Having an import fuel reception depot with a minimum capacity of fifteen thousand cubic meters (15,000 m3) to directly receive fuel from oil tankers and other specialized fuel transport vessels, owned by the enterprise or jointly owned or leased for five (05) years or more from fuel service traders.

Within three (03) years from the date of issuance of the Business License for Exporting and Importing Gasoline and Diesel, the enterprise must own or jointly own at least fifty-one percent (51%) of the capital contribution for the fuel depot system, sufficient to meet at least one-third (1/3) of the trader's storage requirements as specified in Clause 1 of Article 31 of this Decree.

4. Possessing domestic fuel transport vehicles owned by the enterprise or jointly owned or leased for five (05) years or more from fuel service traders.

Within two (02) years from the date of issuance of the Business License for Exporting and Importing Gasoline and Diesel, the enterprise must own or jointly own at least fifty-one percent (51%) of domestic fuel transport vehicles with a total capacity of at least three thousand cubic meters (3,000 m3).

5. Having a fuel distribution system: At least ten (10) retail outlets owned or jointly owned by the enterprise, and at least forty (40) total agents or retail agents within the trader's distribution system.

Each year, starting from the date of issuance of the Business License for Exporting and Importing Gasoline and Diesel, the enterprise must own or jointly own at least four (04) retail outlets, until reaching at least one hundred (100) retail outlets within the trader's distribution system.

6. Complying with the planning for traders exporting and importing gasoline and diesel.

7. Traders exporting and importing aviation fuel are not required to have the distribution system specified in Clause 5 of this Article but must possess fuel loading equipment owned or jointly owned by the trader.

Article 8. Competence, Documents, and Procedures for Issuing Business Licenses for Exporting and Importing Petroleum Products

1. The Ministry of Industry and Trade has the authority to issue new, additional, amended, and replacement Business Licenses for Exporting and Importing Petroleum Products to traders who meet the conditions stipulated in Article 7 of this Decree.

2. Documents for Requesting Business Licenses for Exporting and Importing Petroleum Products

a) For new issuance, the documents include:

- An application form for requesting a Business License for Exporting and Importing Petroleum Products according to Form No. 1 attached as an appendix to this Decree;

- A copy of the Enterprise Registration Certificate;

- A list of technical facilities serving the business of petroleum products as prescribed in Clause 2, 3, and 4 of Article 7 of this Decree, accompanied by supporting documents;

- A list of retail outlets selling petroleum products owned or jointly owned, and a list of general agents and agents within the distribution system of petroleum products of the trader as prescribed in Clause 5 of Article 7 of this Decree, accompanied by supporting documents.

b) For additional issuance and amendment

In cases where there are changes to the contents of the Business License for Exporting and Importing Petroleum Products, the trader must prepare a dossier and submit it to the Ministry of Industry and Trade to request additional issuance or amendment of the license. The dossier includes:

- An application form for requesting additional issuance or amendment of a Business License for Exporting and Importing Petroleum Products according to Form No. 1 attached as an appendix to this Decree;

- The original Business License for Exporting and Importing Petroleum Products that has been issued;

- Supporting documents proving the need for additional issuance or amendment.

c) For replacement

In cases where the Business License for Exporting and Importing Petroleum Products is lost, burned, or destroyed in another manner, the trader must prepare a dossier and submit it to the Ministry of Industry and Trade to request replacement of the license. The dossier includes:

- An application form for requesting replacement of a Business License for Exporting and Importing Petroleum Products according to Form No. 1 attached as an appendix to this Decree;

- The original or a copy of the Business License for Exporting and Importing Petroleum Products (if available).

d) In cases where the Business License for Exporting and Importing Petroleum Products expires, the trader must prepare a dossier as prescribed in Point a of this Clause and submit it to the Ministry of Industry and Trade at least thirty (30) days before the license expires.

3. Procedures for Issuing Business Licenses for Exporting and Importing Petroleum Products

a) The trader submits one (01) set of documents to the Ministry of Industry and Trade.

b) If the submitted documents are not complete, within seven (07) working days from the date of receipt of the documents, the Ministry of Industry and Trade will issue a written notice requiring the trader to supplement the documents.

c) Within thirty (30) working days from the date of receiving complete and valid documents, the Ministry of Industry and Trade is responsible for reviewing, assessing, and issuing a Business License for Exporting and Importing Petroleum Products according to Form No. 2 attached as an appendix to this Decree to the trader. In cases where the license is refused, the Ministry of Industry and Trade must provide a written response stating the reasons.

4. The Business License for Exporting and Importing Petroleum Products has a validity period of five (05) years from the date of issuance.

5. Traders who have been granted a Business License for Exporting and Importing Petroleum Products must pay fees and charges as prescribed by the Ministry of Finance.

6. The Ministry of Industry and Trade has the authority to revoke Business Licenses for Exporting and Importing Petroleum Products. Such licenses may be revoked in the following circumstances: the trader ceases to operate in exporting and importing petroleum products for one (01) quarter or more; the trader is declared bankrupt under the law; the trader fails to meet the conditions for operating in exporting and importing petroleum products as prescribed in Article 7 of this Decree; the trader does not store petroleum products in accordance with the provisions of Article 31 of this Decree; the trader repeatedly violates regulations on ensuring the quality of petroleum products circulating in the market as stipulated in this Decree; and other cases as prescribed by law.

Article 9. Rights and Obligations of Businesses Engaging in Export and Import of Petroleum Products

1. To be allocated annually by the Ministry of Industry and Trade the minimum import quota for petroleum products.

2. To have the right to import or purchase raw materials domestically for blending petroleum products. The import of raw materials must follow the plan confirmed by the Ministry of Industry and Trade, which will notify the customs authority to process the import procedures and supervise the importation of raw materials by the business.

3. To buy and sell petroleum products and raw materials with other principal traders.

4. To distribute petroleum products through affiliated units, including member enterprises, branches, warehouses, retail outlets of the enterprise, and through systems of general agents and retail agents of petroleum products; through distributors of petroleum products and retailers authorized to sell petroleum products.

5. To provide aviation fuel supply services if they meet the conditions stipulated by law.

6. To apply appropriate derivative tools and practices in accordance with international conventions for trading and purchasing petroleum products.

7. To import petroleum products not less than the minimum quota allocated by the Ministry of Industry and Trade for the entire year; to import according to the quarterly schedule or specific guidelines provided by the Ministry of Industry and Trade; to ensure quality, quantity, structure of types, and the mandatory minimum reserve level of petroleum products as prescribed in Clause 1, Article 31 of this Decree.

8. To export, import, temporarily import for re-export, transshipment, and export processing of petroleum products and raw materials in accordance with the provisions of this Decree.

9. To unify the retail price of petroleum products within their distribution system, except when selling petroleum products to distributors of petroleum products.

10. In addition to wholesaling petroleum products to direct production and retail units at affiliated retail outlets, to assign petroleum products to qualified general agents and agents as stipulated in Articles 16 and 19 of the Commercial Law, provided that these agents do not violate the provisions of Clause 4 and 5 of Article 18, Clause 2 and 3 of Article 21 of this Decree; to sell petroleum products to qualified distributors of petroleum products as stipulated in Article 13, provided that these distributors do not violate the provisions of Clause 5 of Article 15 of this Decree; to engage in the business of petroleum products through franchising to qualified retailers of petroleum products as stipulated in Article 22, provided that these retailers do not violate the provisions of Clause 2 and 3 of Article 23 of this Decree.

11. To register their distribution system in accordance with the regulations of the Ministry of Industry and Trade.

12. To comply with legal regulations on measurement control and quality management of petroleum products sold in the market. To be responsible for supervising and managing measurement and quality during transportation from the place of origin.

13. To jointly bear responsibility for violations committed by general agents, agents, and retailers of petroleum products within their distribution system in accordance with the law.

14. To uniformly specify the name of businesses engaging in export and import of petroleum products at retail outlets within their distribution system and organize inspections and supervision of enterprises within their distribution system. The use of logos, trademarks, and trade indicators of businesses engaging in export and import of petroleum products must comply with the Commercial Law on franchising, the Intellectual Property Law, and other relevant laws.

15. To only transfer and bunker petroleum products at locations specified by the Ministry of Transport or provincial/municipal People's Committees under the central government; to transfer and bunker petroleum products from large ships or other transport means that Vietnamese ports cannot directly handle as specified by port authorities.

16. To comply with legal regulations on fire prevention, firefighting, and environmental protection during business operations.

17. To establish, implement, and maintain an effective quality management system.

18. To only lease domestic storage facilities and transport vehicles for petroleum products from businesses providing petroleum services. Not to lease domestic storage facilities and transport vehicles for petroleum products from other principal traders.

19. To implement the phased application ratio of biofuels blended with traditional fuels in accordance with the provisions of

Section 2

PETROLEUM PRODUCTION AND BLENDING

Article 10. Conditions for producing gasoline and diesel fuel

Business entities that meet the conditions specified below shall be allowed to produce gasoline and diesel fuel:

1. A business established in accordance with the law, with gasoline and diesel trading registered in its Enterprise Registration Certificate.

2. Possess a production facility for gasoline and diesel fuel in accordance with the approved planning scheme and obtain an Investment Certificate from the competent authority.

3. Have a testing laboratory owned by the entity, capable of inspecting and testing quality indicators of gasoline and diesel fuel according to national technical standards.

Article 11. Rights and Obligations of Business Entities Producing Gasoline and Diesel Fuel

1. Be permitted to purchase raw materials domestically, directly import raw materials, or entrust a business entity with an Export and Import License for gasoline and diesel fuel to carry out such imports. The import of raw materials must follow the plan confirmed by the Ministry of Industry and Trade, notified to customs authorities for import procedures and oversight.

2. Be permitted to undertake processing domestically and export processing of gasoline and diesel fuel.

3. Be permitted to consume gasoline and diesel fuel produced by the business entity in the domestic market through its own distribution system organized in accordance with Clause 8 of this Article or sell exclusively to other key trading partners.

4. Be permitted to export gasoline and diesel fuel produced by the business entity according to the plan registered with the Ministry of Industry and Trade, consistent with the approved investment project.

5. Produce gasoline and diesel fuel according to the annual plan confirmed by the Ministry of Industry and Trade; maintain a minimum level of reserve of gasoline and diesel fuel and raw materials for production in line with the approved investment project and the production plan registered with the Ministry of Industry and Trade.

6. Produce gasoline and diesel fuel for circulation in compliance with national technical standards and published standards.

7. Establish, apply, and maintain an effective quality management system and a testing laboratory capability management system.

8. Organize a domestic distribution system for gasoline and diesel fuel, must comply with the provisions of Clause 4 and 5 of Article 7; Clauses 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of Article 9 of this Decree.

Article 12. Blending of Gasoline and Diesel Fuel

1. Only key trading partners may blend gasoline and diesel fuel; blending of gasoline and diesel fuel shall be carried out at the production site, blending workshop, or storage facility serving the domestic demand of key trading partners.

Business entities belonging to various economic sectors may blend gasoline and diesel fuel in bonded warehouses.

2. Within one (01) year from the date of issuance of the Export and Import License for gasoline and diesel fuel, business entities engaged in the export and import of gasoline and diesel fuel must have a testing laboratory capable of inspecting the quality of gasoline and diesel fuel according to national technical standards when blending products.

3. Key trading partners carrying out blending of gasoline and diesel fuel must register their blending facilities according to the guidelines of the Ministry of Science and Technology.

Section 3

DISTRIBUTORS OF GASOLINE AND DIESEL FUEL

Article 13. Conditions for Distributors of Gasoline and Diesel Fuel

Business entities meeting the following conditions shall be issued a Certificate confirming eligibility to be distributors of gasoline and diesel fuel by the Ministry of Industry and Trade:

1. A business established in accordance with the law, with gasoline and diesel trading registered in its Enterprise Registration Certificate.

2. Possess a storage tank with a minimum capacity of two thousand cubic meters (2,000 m3), owned by the enterprise or jointly owned or leased for use by enterprises engaged in oil service businesses for at least five (05) years.

3. Possess transportation means for gasoline and diesel fuel owned by the enterprise or jointly owned or leased for use by enterprises engaged in oil service businesses for at least five (05) years.

5. Possess a distribution system for gasoline and diesel fuel covering at least two (02) provinces or centrally-administered cities, including a minimum of five (05) retail outlets owned by the enterprise or jointly owned, and a minimum of ten (10) retail outlets operated by authorized agents with a Certificate confirming eligibility to operate retail outlets for gasoline and diesel fuel as stipulated in Article 25 of this Decree.

6. Management staff and direct sales personnel must be trained and have certificates of training and instruction on fire prevention, firefighting, and environmental protection in accordance with current laws.

Article 14. Competence, Documents, and Procedure for Issuing the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant

1. The Ministry of Industry and Trade has the authority to issue new, additional, amend, and reissue the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant for merchants who meet all conditions stipulated in Article 13 of this Decree.

2. Documents for Requesting the Issuance of the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant

a) For new issuance, the documents include:

- Application form for requesting the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant according to Model No. 5 attached as an Appendix to this Decree;

- A copy of the Enterprise Registration Certificate;

- Copies of documents proving training qualifications of management staff and direct sales personnel as prescribed in Clause 6, Article 13 of this Decree;

- List of technical facilities serving gasoline business operations as prescribed in Clauses 2, 3, and 4, Article 13 of this Decree, accompanied by supporting documents;

- List of the distribution system of gasoline of the merchant as prescribed in Clause 5, Article 13 of this Decree, accompanied by supporting documents.

b) For additional issuance and amendment

In case there are changes to the contents of the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant, the merchant must prepare a dossier to submit to the Ministry of Industry and Trade requesting supplementary or amended issuance of the Certificate. The dossier includes:

- Application form for requesting supplementary or amended issuance of the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant according to Model No. 5 attached as an Appendix to this Decree;

- Original Certificate Confirming Eligibility to be a Gasoline Distributor Merchant that has been issued;

- Supporting documents proving the need for additional issuance or amendment.

c) For replacement

In case the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant is lost, burned, or destroyed in another manner, the merchant must prepare a dossier to submit to the Ministry of Industry and Trade requesting reissuance of the Certificate. The dossier includes:

- Application form for requesting reissuance of the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant according to Model No. 5 attached as an Appendix to this Decree;

- Original or copy of the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant (if available).

d) In case the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant expires, the merchant must prepare a dossier as required for a new issuance as stipulated in Point a, Clause of this Article and submit it to the Ministry of Industry and Trade thirty (30) days prior to the expiration date of the Certificate.

3. Procedure for Issuing the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant

a) The trader submits one (01) set of documents to the Ministry of Industry and Trade.

b) If the submitted documents are not complete, within seven (07) working days from the date of receipt of the documents, the Ministry of Industry and Trade will issue a written notice requiring the trader to supplement the documents.

c) Within thirty (30) working days from the date of receipt of a valid dossier, the Ministry of Industry and Trade shall have the responsibility to examine, appraise, and issue the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant according to Model No. 6 attached as an Appendix to this Decree to the merchant. In case of refusal to issue the Certificate due to non-compliance with conditions, the Ministry of Industry and Trade must provide a written response stating the reasons.

4. The Certificate Confirming Eligibility to be a Gasoline Distributor Merchant has a validity period of five (05) years from the date of issuance.

5. Merchants who have been issued the Certificate Confirming Eligibility to be a Gasoline Distributor Merchant must pay fees and charges as prescribed by the Ministry of Finance.

1. To purchase petroleum from multiple petroleum principal traders pursuant to Petroleum Purchase and Sale Contracts.

2. To engage in petroleum business through the form of appointing retail agents within their distribution system and paying agency fees to such agents. To conduct petroleum business through the franchising method for traders who are granted retail rights according to the provisions of the law.

3. To uniformly apply retail prices for petroleum throughout their entire distribution system, complying with the provisions set forth in Article 38 of this Decree.

4. In addition to selling at their own retail outlets, granting franchise rights to traders for retail petroleum sales, they may only transfer petroleum through the agency form prescribed by the Commercial Law to traders designated under Article 19, provided that these traders do not violate the provisions of Clause 2 and 3 of Article 21 of this Decree.

5. A trader who has signed a petroleum purchase and sale contract with a principal trader shall not sign additional contracts to act as a general agent or agent for the principal trader; nor shall they act as an agent for a general agent.

6. To be responsible for the quality, quantity, and price of petroleum sold across their entire distribution system as stipulated.

7. To lease warehouses and petroleum transportation means solely from traders engaged in petroleum service businesses.

8. To maintain record-keeping systems consistent with their business forms as prescribed by the Ministry of Finance.

9. To comply with legal regulations on fire prevention, firefighting, and environmental protection during business operations.

10. To uniformly specify the name of the petroleum distributor at retail outlets within their distribution system and organize inspections and supervision of traders granted retail rights and retail agents within their distribution system. The registration, use, and transfer of trademark (logo), brand, and trade designation usage rights of petroleum distributors must conform to the Commercial Law's provisions on franchising, the Intellectual Property Law, and other relevant legal provisions.

11. To inspect and supervise the activities of retail agents and traders granted retail rights within their distribution system. To jointly bear responsibility for violations committed by these traders in petroleum business operations according to current legal provisions.

12. To be responsible for monitoring the travel route of petroleum transportation vehicles from the delivery or receipt point.

13. To register the operating hours of retail outlets owned by the trader with the Department of Industry and Trade of the locality where the Certificate of Retail Petroleum Business Conditions was issued for such outlet.

14. To register their distribution system with the Ministry of Industry and Trade, which confirms eligibility to operate as a petroleum distributor, and with the Department of Industry and Trade of the locality where the trader’s distribution system is located.

15. To establish, implement, and maintain an effective quality management system; a testing laboratory capability management system, except when outsourcing testing services.

16. To implement the schedule for blending biofuels with traditional fuels as prescribed.

Section 4

PETROLEUM GENERAL DISTRIBUTOR

Article 16. Conditions for General Agents Engaging in Gasoline Business

A business entity meeting all the following conditions shall be granted by the competent state management agency with the Certificate of Eligibility to Act as a General Agent for Gasoline Business (hereinafter referred to as "General Agent"):

1. A business established in accordance with the law, with gasoline and diesel trading registered in its Enterprise Registration Certificate.

2. Possessing a gasoline storage facility with a minimum capacity of two thousand cubic meters (2,000 m3), which is owned by the enterprise or jointly owned or leased by the business entity engaging in gasoline service for at least five (05) years.

3. Possess transportation means for gasoline and diesel fuel owned by the enterprise or jointly owned or leased for use by enterprises engaged in oil service businesses for at least five (05) years.

4. Having a distribution system for gasoline, including a minimum of five (05) retail outlets owned by the enterprise or jointly owned, and a minimum of ten (10) retail outlets belonging to gasoline retailers who have been issued the Certificate of Eligibility for Retail Gasoline Business pursuant to Article 25 of this Decree.

The distribution system of the General Agent must be within the distribution system of a principal business entity and be subject to the control of that entity.

5. Management staff and direct sales personnel must be trained and have certificates of training in fire prevention, firefighting, and environmental protection according to current laws.

Article 17. Competent Authority, Documents, and Procedures for Issuing the Certificate of Eligibility to Act as a General Agent for Gasoline Business

1. The Ministry of Industry and Trade has the authority to issue new, additional, amend, and reissue the Certificate of Eligibility to Act as a General Agent for Gasoline Business to business entities meeting the conditions stipulated in Article 16 of this Decree and having a gasoline distribution system in at least two (02) provinces or centrally-administered cities.

2. The Department of Industry and Trade has the authority to issue new, additional, amend, and reissue the Certificate of Eligibility to Act as a General Agent for Gasoline Business to business entities headquartered in its jurisdiction, meeting the conditions stipulated in Article 16 of this Decree, and having a gasoline distribution system in at least one (01) province or centrally-administered city.

3. Documents for Requesting the Certificate of Eligibility to Act as a General Agent for Gasoline Business

a) For new issuance, the documents include:

- Application form for requesting the Certificate of Eligibility to Act as a General Agent for Gasoline Business according to Model No. 7 attached to this Decree;

- A copy of the Enterprise Registration Certificate;

- Copies of documents proving the training of management staff and direct sales personnel according to Clause 5 of Article 16 of this Decree;

- List of technical facilities serving the gasoline business according to Clause 2 and Clause 3 of Article 16 of this Decree, accompanied by supporting documents;

- List of the gasoline distribution system of the business entity according to Clause 4 of Article 16 of this Decree, accompanied by supporting documents;

- Original document confirming supply of gasoline by the supplier to the General Agent for a minimum period of one (01) year, specifying the type of gasoline.

b) For additional issuance and amendment

In case there are changes to the contents of the Certificate of Eligibility to Act as a General Agent for Gasoline Business, the business entity must submit a dossier to the competent authority to request supplementary or amended issuance of the certificate. The dossier includes:

- Application form for requesting supplementary or amended issuance of the Certificate of Eligibility to Act as a General Agent for Gasoline Business according to Model No. 7 attached to this Decree;

- Original Certificate of Eligibility to Act as a General Agent for Gasoline Business already issued;

- Supporting documents proving the need for additional issuance or amendment.

c) For replacement

In case the Certificate of Eligibility to Act as a General Agent for Gasoline Business is lost, burned, or destroyed in another manner, the business entity must submit a dossier to the competent authority to request reissuance of the certificate. The dossier includes:

- Application form for requesting reissuance of the Certificate of Eligibility to Act as a General Agent for Gasoline Business according to Model No. 7 attached to this Decree;

- Original or copy of the Certificate of Eligibility to Act as a General Agent for Gasoline Business (if available).

d) In case the Certificate of Eligibility to Act as a General Agent for Gasoline Business expires, the business entity must prepare a dossier similar to the new issuance procedure specified in Point a of this Clause and submit it to the competent authority thirty (30) days before the expiration date of the certificate.

4. Procedure for Issuing the Certificate of Eligibility to Act as a General Agent for Gasoline Business

a) The business entity submits one (01) set of dossier to the competent authority;

b) In case the submitted dossier is incomplete, the competent authority will issue a written notice requiring the business entity to supplement the dossier within seven (07) working days from the date of receipt;

c) Within thirty (30) working days from the date of receiving a complete dossier, the competent authority is responsible for reviewing, assessing, and issuing the Certificate of Eligibility to Act as a General Agent for Gasoline Business according to Model No. 8 attached to this Decree to the business entity. If the certificate is not issued due to non-compliance with the conditions, the competent authority must provide a written response stating the reasons.

5. The Certificate of Eligibility to Act as a General Agent for Gasoline Business is valid for five (05) years from the date of issuance.

6. Business entities granted the Certificate of Eligibility to Act as a General Agent for Gasoline Business must pay fees and charges as prescribed by the Ministry of Finance.

7. The competent authority issuing the Certificate of Eligibility to Act as a General Agent for Gasoline Business has the right to revoke the certificate. The Certificate of Eligibility to Act as a General Agent for Gasoline Business will be revoked in the following cases: the business entity ceases to act as a General Agent for Gasoline Business; the business entity does not engage in gasoline business for more than one (01) month; the business entity is declared bankrupt according to the law; the business entity fails to meet one of the conditions for acting as a General Agent for Gasoline Business as stipulated in Article 16 of this Decree; the business entity repeatedly violates regulations on ensuring quantity and quality of gasoline circulating in the market as stipulated in this Decree, and other cases as prescribed by law.

Article 18. Rights and Obligations of General Agents for Petroleum Products Trading

1. Have the right to trade in petroleum products in the form of being an agent for a principal trader and receiving agency fees.

2. Have the right to trade in petroleum products in the form of assigning agency rights to retail agents within their distribution system and paying agency fees to those agents.

3. Have the right to sell petroleum products at their own retail outlets according to the retail prices set by the principal trader.

4. Can only sign a general agency contract with one (01) principal trader. If that principal trader does not engage in trading biofuels, they may additionally sign a general agency contract with another (01) principal trader solely for trading biofuels.

5. A trader who has signed a general agency contract with a principal trader shall not sign additional contracts as an agent for other general agents or other principal traders.

6. To be responsible for the quality, quantity, and price of petroleum sold across their entire distribution system as stipulated.

7. To lease warehouses and petroleum transportation means solely from traders engaged in petroleum service businesses.

8. Implement record-keeping systems consistent with the agency business model in each stage of petroleum product trading as prescribed by the Ministry of Finance.

9. To comply with legal regulations on fire prevention, firefighting, and environmental protection during business operations.

10. In addition to hanging signs as stipulated by current regulations, if using the commercial name, logo, trademark, or trade designation of the principal trader, it must be done through a contract consistent with the Intellectual Property Law.

11. Inspect and supervise the activities of agents within their distribution system. Jointly bear responsibility for violations committed by agents in petroleum product trading activities according to current laws.

12. To be responsible for monitoring the travel route of petroleum transportation vehicles from the delivery or receipt point.

13. To register the operating hours of retail outlets owned by the trader with the Department of Industry and Trade of the locality where the Certificate of Retail Petroleum Business Conditions was issued for such outlet.

14. Must register their distribution system with the Department of Industry and Trade in the locality where they have a distribution system. Must provide information about their distribution system to the principal trader assigning them agency rights for registration with the Ministry of Industry and Trade.

15. Must establish, implement, and maintain an effective quality management system.

Section 5

RETAIL AGENTS FOR PETROLEUM PRODUCTS

Article 19. Conditions for Retail Agents for Petroleum Products

A trader meeting all the following conditions will be issued a Certificate of Eligibility to be a Retail Agent for Petroleum Products (hereinafter referred to as "agent") by the Department of Industry and Trade:

1. A business established in accordance with the law, with gasoline and diesel trading registered in its Enterprise Registration Certificate.

2. Having a retail outlet for petroleum products owned by the enterprise or jointly owned and having obtained a Certificate of Eligibility for Retail Outlets for Petroleum Products as prescribed in Article 25 of this Decree.

3. Management staff and direct sales personnel must be trained and have certificates of training in fire prevention, firefighting, and environmental protection according to current laws.

Article 20. Authority, Documents, and Procedures for Issuing Certificates of Eligibility to be Retail Agents for Petroleum Products

1. The Department of Industry and Trade has the authority to issue Certificates of Eligibility to be Retail Agents for Petroleum Products to traders with headquarters in its jurisdiction, meeting all conditions specified in Article 19 of this Decree, and having a system of two (02) or more retail outlets for petroleum products in one (01) province or centrally-administered city, according to Model No. 10 attached to this Decree.

2. In cases where traders meet all conditions specified in Article 19 of this Decree and have a system of retail outlets for petroleum products in two (02) or more provinces or centrally-administered cities, the Department of Industry and Trade where the trader's headquarters is located will take the lead and coordinate with the Department of Industry and Trade where the trader has retail outlets to issue Certificates of Eligibility to be Retail Agents for Petroleum Products according to Model No. 10 attached to this Decree.

3. In cases where a trader is a Retail Agent for Petroleum Products with only one (01) retail outlet for petroleum products owned by the enterprise or jointly owned, there is no need to obtain a Certificate of Eligibility to be a Retail Agent for Petroleum Products.

4. Documents for Requesting Issuance of a Certificate of Eligibility to be a Retail Agent for Petroleum Products.

a) For new issuance, the documents include:

- Application for Issuance of a Certificate of Eligibility to be a Retail Agent for Petroleum Products according to Model No. 9 attached to this Decree;

- A copy of the Enterprise Registration Certificate;

- Copies of documents proving the training of management staff and direct sales personnel according to Clause 3 of Article 19 of this Decree;

- List of technical facilities serving petroleum product trading according to Clause 2 of Article 19 of this Decree, accompanied by supporting documents;

- Original document confirming supply of petroleum products from the supplier to the agent for a minimum period of one (01) year, specifying the types of petroleum products.

b) For additional issuance and amendment

In cases of changes to the contents of the Certificate of Eligibility to be a Retail Agent for Petroleum Products, the trader must submit a dossier to the competent authority requesting supplementation or modification of the Certificate. The dossier includes:

- Application for Supplemental or Modified Issuance of a Certificate of Eligibility to be a Retail Agent for Petroleum Products according to Model No. 9 attached to this Decree;

- Original Certificate of Eligibility to be a Retail Agent for Petroleum Products already issued;

- Supporting documents proving the need for additional issuance or amendment.

c) For replacement

In cases where the Certificate of Eligibility to be a Retail Agent for Petroleum Products is lost, burned, or destroyed in any other manner, the trader must submit a dossier to the competent authority requesting reissuance of the Certificate. The dossier includes:

- Application for Reissuance of a Certificate of Eligibility to be a Retail Agent for Petroleum Products according to Model No. 9 attached to this Decree;

- Original or copy of the Certificate of Eligibility to be a Retail Agent for Petroleum Products (if available).

d) In cases where the Certificate of Eligibility to be a Retail Agent for Petroleum Products expires, the trader must prepare a dossier similar to the new issuance procedure specified in Point a of this Clause and submit it to the competent authority thirty (30) days before the expiration date of the Certificate.

5. Procedure for Issuing Certificates of Eligibility to be Retail Agents for Petroleum Products

a) The trader submits one (01) set of documents to the competent authority.

b) In cases where the submitted documents are incomplete, the competent authority will notify the trader in writing to supplement the documents within seven (07) working days from the date of receipt of the documents.

c) Within thirty (30) working days from the date of receipt of complete documents, the competent authority is responsible for reviewing, assessing, and issuing the Certificate of Eligibility to be a Retail Agent for Petroleum Products according to Model No. 10 attached to this Decree to the trader. In cases of refusal due to non-compliance with conditions, the competent authority must respond in writing and specify the reasons.

6. The certificate confirming eligibility to operate as a retail gasoline and diesel fuel agency shall be valid for five (05) years from the date of issuance.

7. A trader who is issued the certificate confirming eligibility to operate as a retail gasoline and diesel fuel agency must pay fees and charges as prescribed by the Ministry of Finance.

Article 21. Rights and Obligations of Retail Gasoline and Diesel Fuel Agencies

1. To sell gasoline and diesel fuel at their own retail outlets according to the retail price set by the principal trader or the distributor of gasoline and diesel fuel.

To conduct business as an agent for a principal agency or distributor or principal trader of gasoline and diesel fuel and to receive commission for such agency work.

The agency must be part of the distribution system of the principal agency or distributor or principal trader of gasoline and diesel fuel and be subject to the supervision of that trader.

4. Shall be responsible for the quality, quantity, and posted price of gasoline and diesel fuel sold as prescribed.

5. Shall maintain accounting records in accordance with the requirements applicable to agencies as prescribed by the Ministry of Finance.

6. Shall comply with laws and regulations on fire prevention, firefighting, and environmental protection during business operations.

7. In addition to hanging signs as required by current regulations, if using the trade name, logo, trademark, or trade mark of the principal trader or distributor of gasoline and diesel fuel, it must be done through a contract consistent with the Intellectual Property Law.

8. Must register the operating hours of the retail outlet owned by the trader with the local Department of Industry and Trade that issued the certificate confirming the retail outlet's eligibility to sell gasoline and diesel fuel.

9. Must register its distribution system with the local Department of Industry and Trade where the trader has a distribution system.

Must provide information about its distribution system to the party entrusting it as an agency, which is a principal agency or distributor or principal trader of gasoline and diesel fuel, for registration of the distribution system with the competent state management agency.

10. Must establish, implement, and maintain an effective quality management system.

Chapter 6

TRADERS RECEIVING THE RIGHT TO SELL RETAIL GASOLINE AND DIESEL FUEL

Article 22. Conditions for traders to be granted the right to retail petroleum products

Traders meeting all of the following conditions shall be eligible to be traders granted the right to retail petroleum products (hereinafter referred to as traders granted the right):

1. A business established in accordance with the law, with gasoline and diesel trading registered in its Enterprise Registration Certificate.

2. Having a retail outlet for petroleum products owned by the enterprise or jointly owned and having obtained a Certificate of Eligibility for Retail Outlets for Petroleum Products as prescribed in Article 25 of this Decree.

3. Management staff and direct sales personnel must be trained and have certificates of training in fire prevention, firefighting, and environmental protection according to current laws.

Article 23. Rights and obligations of traders granted the right to retail petroleum products

1. To sell petroleum products at their own retail outlets according to the retail prices set by the granting trader who is a key trader or a petroleum product distributor.

2. Shall only enter into contracts to be traders granted the right to retail petroleum products with one (01) key trader or one (01) petroleum product distributor to sell petroleum products through retail outlets owned or co-owned. If that key trader or petroleum product distributor does not operate biofuel, the granted trader may additionally enter into a contract to be a trader granted the right to retail petroleum products with another key trader or petroleum product distributor solely for biofuel operations.

3. A trader who has entered into a contract to be a trader granted the right to retail petroleum products shall not enter into additional agency contracts with key distributors or petroleum product distributors, nor act as a key distributor or agent for key traders.

Traders granted the right to retail petroleum products must be part of the distribution system and be subject to the control of key traders or petroleum product distributors.

4. Shall be responsible for the quality, quantity, and posted price of gasoline and diesel fuel sold as prescribed.

5. Implement record-keeping systems consistent with the business form of being a grantee as prescribed by the Ministry of Finance.

6. Shall comply with laws and regulations on fire prevention, firefighting, and environmental protection during business operations.

7. In addition to hanging signs as currently required, they must use the trade name, logo, trademark, and trade indicators of the granting trader, implemented through a contract consistent with the Law on Trade regarding franchising, the Intellectual Property Law, and other relevant laws.

8. Must register the operating hours of the retail outlet owned by the trader with the local Department of Industry and Trade that issued the certificate confirming the retail outlet's eligibility to sell gasoline and diesel fuel.

9. Must register its distribution system with the local Department of Industry and Trade where the trader has a distribution system.

Must submit information about their distribution system to the granting trader, which is a key trader or a petroleum product distributor, to register the distribution system with the competent state management authority.

10. Must establish, implement, and maintain an effective quality management system.

Section 7

RETAIL OUTLETS FOR PETROLEUM PRODUCTS

Article 24. Conditions for retail outlets for petroleum products

Petroleum retail outlets meeting all of the following conditions shall be issued a Certificate of Eligibility for Retailing Petroleum Products by the Department of Industry and Trade:

1. The location must comply with the approved planning scheme.

2. Must be owned or co-owned by a trader who is an agent, key distributor, trader granted the right to retail petroleum products, petroleum product distributor, trader engaged in exporting and importing petroleum products, or a petroleum product manufacturer with a distribution system as stipulated in this Decree (the applicant trader must be named on the Certificate of Eligibility for Retailing Petroleum Products).

3. Must be designed, constructed, and equipped in accordance with current regulations on standards and specifications for petroleum retail outlets, fire prevention and firefighting safety, and environmental protection by the competent state management authority.

4. Management staff and direct sales personnel must be trained and have certificates of training in fire prevention and firefighting and environmental protection as prescribed by current laws.

Article 25. Competence, Documents, and Procedure for Issuing Retail Gasoline Business License

1. The Department of Industry and Trade shall be responsible for issuing new, supplementary, amended, and replacement Retail Gasoline Business Licenses to retail gasoline stores within its jurisdiction that meet the conditions stipulated in Article 24 of this Decree.

2. Documents for Requesting a Retail Gasoline Business License.

a) For new issuance, the documents include:

- Application form for requesting a Retail Gasoline Business License according to Model No. 3 attached as an appendix to this Decree;

- A copy of the business registration certificate of the owner of the retail gasoline store;

- An inventory of equipment at the retail gasoline store as prescribed in Clause 3, Article 24 of this Decree and documentation proving the legality of construction of the retail gasoline store;

- Copies of certificates or equivalent documents regarding training of managerial staff and employees at the retail gasoline store as prescribed in Clause 4, Article 24 of this Decree.

b) For additional issuance and amendment

In cases where there are changes to the contents of the Retail Gasoline Business License, the trader must prepare a dossier to submit to the Department of Industry and Trade to request amendments or supplements to the license. The dossier includes:

- Application form for requesting amendments or supplements to the Retail Gasoline Business License according to Model No. 3 attached as an appendix to this Decree;

- Original of the previously issued Retail Gasoline Business License;

- Supporting documents proving the need for additional issuance or amendment.

c) For replacement

In cases where the Retail Gasoline Business License is lost, destroyed by fire, or otherwise destroyed, the trader must prepare a dossier to submit to the Department of Industry and Trade to request issuance of a replacement license. The dossier includes:

- Application form for requesting issuance of a replacement Retail Gasoline Business License according to Model No. 3 attached as an appendix to this Decree;

- Original or copy of the previously issued Retail Gasoline Business License (if available).

d) In cases where the Retail Gasoline Business License expires, the trader must prepare a dossier as required for a new issuance under Point a of this Clause and submit it to the Department of Industry and Trade thirty (30) days prior to the expiration date of the license.

3. Procedure for Issuing a Retail Gasoline Business License:

a) The trader submits one (01) set of documents to the Department of Industry and Trade.

b) If the submitted documents are incomplete, the Department of Industry and Trade will issue a written request for supplementation within seven (07) working days from the date of receipt of the documents.

c) Within twenty (20) working days from the date of receipt of the documents, the Department of Industry and Trade is responsible for reviewing, examining, and issuing the Retail Gasoline Business License according to Model No. 4 attached as an appendix to this Decree to the trader. In case of refusal to issue the license, the Department of Industry and Trade must provide a written response with detailed reasons.

4. The Retail Gasoline Business License has a validity period of five (05) years from the date of issuance.

5. Traders who have been granted a Retail Gasoline Business License must pay fees and charges as prescribed by the Ministry of Finance.

1. Supervise retail petroleum product stores within their distribution system.

2. Notify in writing to the Department of Industry and Trade at the place where the Certificate of Retail Petroleum Product Store Conditions was issued about the time when sales will be suspended, including the reasons for suspension.

3. Display prices of various types of petroleum products and sell them at the displayed prices.

4. In the sales area, only hang signage of the trader supplying petroleum products to the store, which must be either a principal trader or a petroleum product distributor. The signage must include all required information as stipulated by law.

5. Clearly indicate the sales hours in the sales area, facilitating customer observation.

6. Suspend sales only after receiving written approval from the Department of Industry and Trade.

7. Be responsible for the quality, quantity, and posted prices of petroleum products sold according to regulations.

8. At least thirty (30) days before ceasing to take goods from the supplier of the retail petroleum product store, the owner of the retail petroleum product store must report and request the Department of Industry and Trade to adjust the Certificate of Retail Petroleum Product Store Conditions already issued to the retail petroleum product store.

Section 8

PETROLEUM PRODUCTS SERVICES

Article 27. Conditions for operating petroleum products service leasing port and storage facilities

1. A business established in accordance with the law, with gasoline and diesel trading registered in its Enterprise Registration Certificate.

2. Have dedicated wharf located within the maritime port or inland waterway port system, with storage tanks owned by the enterprise or jointly owned, constructed according to specified standards and approved planning by competent authorities.

3. Management staff and direct sales personnel must be trained and have certificates of training in fire prevention, firefighting, and environmental protection according to current laws.

Article 28. Conditions for operating petroleum products transportation services

1. A business established in accordance with the law, with gasoline and diesel trading registered in its Enterprise Registration Certificate.

2. Own specialized petroleum products transport vehicles or jointly owned; ensure requirements and regulations for petroleum products transportation, inspected and permitted for operation by authorized agencies as prescribed by law.

3. Management staff and personnel directly using transport vehicles must be trained and have certificates for fire prevention, firefighting, and environmental protection training as stipulated by current laws.

Article 29. Rights and obligations of traders engaged in petroleum products services

1. Engage in petroleum products service leasing port and storage facilities and petroleum products transportation services according to signed contracts.

The total capacity of warehouses under lease contracts shall not exceed the actual total capacity of the warehouses.

2. Be responsible for the quantity and quality of petroleum products during receipt, storage, and transportation according to contracts signed with traders renting receipt, storage, and transportation services.

3. Be subject to supervision and management by the service lessee. Must equip devices to inspect and monitor petroleum products transport vehicles.

4. If engaging in other petroleum products businesses (petroleum product distributors, general agents, agents, retailers), they must comply with the provisions of this Decree regarding such activities.

5. Adhere to legal regulations on fire prevention, firefighting, and environmental protection during business operations.

6. Establish, implement, and maintain an effective quality management system.

Section 9

PETROLEUM PRODUCTS RESERVES

Article 30. Subjects Implementing Oil Reserves

1. The subjects implementing mandatory oil reserves are key traders.

2. National oil reserves shall be implemented in accordance with the laws on national reserves.

Article 31. Mandatory Oil Reserves

1. From the date this Decree takes effect until 2025, traders engaged in exporting and importing oil must ensure a stable minimum level of mandatory oil reserves equivalent to thirty (30) days of supply, calculated based on the average domestic consumption volume of one (01) day of the preceding year, including both types and grades; this includes reserves for national energy security and mandatory circulation reserves.

2. From the date this Decree takes effect until 2025, oil producers with distribution systems in the domestic market must ensure a stable minimum level of mandatory oil reserves equivalent to thirty (30) days of supply, calculated based on the average domestic consumption volume of one (01) day of the preceding year, including both types and grades; this includes reserves for national energy security and mandatory circulation reserves.

3. After 2025, traders specified in Clause 1 and 2 of this Article shall be responsible for ensuring the minimum level of mandatory oil reserves in accordance with the regulations of

Chapter III

OIL AND PETROLEUM PRODUCTS BUSINESS MANAGEMENT

Article 32. Management of Measurement and Quality in Oil and Petroleum Products Business

1. Only oil and petroleum products that meet the national technical standards and announced standards may be circulated in the Vietnamese market.

2. Oil and petroleum product traders must comply with measurement and quality management requirements during importation, production, blending, storage, transportation, and sale to consumers, and bear responsibility and joint liability for measurement and quality within their managed distribution systems.

3. The Ministry of Science and Technology is responsible for leading and coordinating with relevant units to inspect, check, and control measuring devices according to current laws on measurement and quality management based on national technical standards and announced standards; lead and coordinate with related ministries and sectors to review national standards and national technical standards on oil and petroleum products to adjust and supplement quality indicators and testing methods suitable for domestic economic and social development, regional and international standards; designate conformity assessment organizations; conduct mutual recognition of conformity assessment results from foreign organizations to ensure timely, accurate, and convenient inspection work.

Article 33. Import of Oil and Petroleum Products

1. Annually, based on the national economy's demand for oil and petroleum products and domestic production capacity, the Ministry of Planning and Investment leads and coordinates with the Ministry of Industry and Trade to determine the directional demand for imported oil and petroleum products for the following year. The demand for oil and petroleum products for defense purposes is determined separately.

2. Based on the directional demand for imported oil and petroleum products, actual domestic consumption of the preceding year, and the registration of traders, the Ministry of Industry and Trade assigns the minimum import quota for domestic consumption throughout the year according to the type and grade structure to each trader holding an export and import business license to process import procedures with customs authorities.

3. In necessary cases, to ensure supply sources, the Ministry of Industry and Trade specifies the import schedule for oil and petroleum products for key traders to implement.

4. Based on market demand, traders engaged in exporting and importing oil and petroleum products decide on the quantity of various types of oil and petroleum products to be imported for domestic consumption but not less than the assigned minimum level.

5. The Ministry of Industry and Trade leads and coordinates with related ministries and sectors to monitor and supervise the import of oil and petroleum products by traders, ensuring they meet the needs of the economy and societal consumption. In necessary cases, the Ministry of Industry and Trade adjusts the assigned minimum import levels for traders.

Article 34. Procedure for Registering the Minimum Import Quota for Petroleum Products

1. Annually, based on the situation of petroleum product imports in the year and the development plan for the following year, traders engaged in export and import of petroleum products shall register the minimum import quota for petroleum products with the Ministry of Industry and Trade.

2. The registration dossier consists of one (01) set, including:

a) A letter requesting the allocation of the minimum import quota, specifying the quantity and type of petroleum products to be registered.

b) A report on the import situation of petroleum products of the unit in the year.

Article 35. Export, Temporary Import for Re-export, Transshipment, Processing for Export of Petroleum Products and Raw Materials

1. Only key traders may export petroleum products and raw materials.

2. Only traders holding a Business License for export and import of petroleum products may temporarily import for re-export, transship petroleum products and raw materials.

3. Only producers may process for export of petroleum products.

4. Temporary import for re-export of petroleum products includes the following forms:

a) Traders handle the import procedures for petroleum products into Vietnam and the export procedures for petroleum products out of Vietnam.

b) Traders handle the import procedures for petroleum products into Vietnam and sell petroleum products to traders operating in special customs zones within Vietnam such as export processing zones, export-oriented enterprises, bonded warehouses, industrial trade zones, and other economic zones established pursuant to Decisions.

5. Traders handling the import procedures for petroleum products into Vietnam to sell to the following entities also apply the regulations on temporary import for re-export of petroleum products:

a) Foreign airlines' aircraft docking at Vietnamese airports, Vietnamese airlines' aircraft flying international routes.

b) Foreign ships docking at Vietnamese ports, Vietnamese ships running international routes.

6. The Ministry of Industry and Trade shall provide detailed guidance on the following activities:

a) Import of petroleum products and raw materials.

b) Export of petroleum products and raw materials.

c) Temporary import for re-export, transshipment, storage in foreign warehouses of petroleum products and raw materials.

d) Processing for export of petroleum products and raw materials.

7. The Ministry of Finance shall provide guidance on customs procedures for the following activities:

a) Import of petroleum products and raw materials.

b) Export of petroleum products and raw materials.

c) Temporary import for re-export, transshipment, storage in foreign warehouses of petroleum products and raw materials.

d) Processing for export of petroleum products and raw materials.

Article 36. Import Duty on Petroleum Products

Based on the tax rate framework issued by the Standing Committee of the National Assembly, international commitments to which the Socialist Republic of Vietnam is a member, macroeconomic indicators, and forecasts of world petroleum prices, the Ministry of Finance, in coordination with the Ministry of Industry and Trade, shall stipulate the stable tax rates for each type of petroleum product, in accordance with the economic and social conditions during each period.

Article 37. Petroleum Product Price Stabilization Fund

1. Key traders have the obligation to establish the Price Stabilization Fund to participate in stabilizing petroleum product prices in accordance with the provisions of the law.

2. Principles for establishing, using, and managing the Petroleum Product Price Stabilization Fund:

a) The Price Stabilization Fund shall be recorded separately by key traders through a specific account opened at a bank where the key trader conducts transactions, and it can only be used for market stabilization and price stabilization of petroleum products in accordance with the provisions of the law.

b) The Price Stabilization Fund shall be established as a specific amount calculated based on the actual consumption of petroleum products and recognized as a cost item in the pricing structure of key traders.

c) The establishment into the Price Stabilization Fund shall be carried out continuously and regularly. In cases of necessity, the Ministry of Industry and Trade and the Ministry of Finance shall consider adjusting the establishment rate to suit market fluctuations.

d) The use of the Price Stabilization Fund shall be implemented when the base price exceeds the current retail price or when price increases affect economic and social development and people's livelihoods as stipulated in Clause 3, Article 38 of this Decree.

3. The Ministry of Finance, in coordination with the Ministry of Industry and Trade, shall guide the procedures, establishment, use, and management of the Price Stabilization Fund in accordance with the provisions of the law.

Article 38. Retail Prices of Petroleum Products

1. Principles for Managing Retail Prices of Petroleum Products:

a) The retail prices of petroleum products are implemented under market mechanisms with state management.

b) Primary traders have the right to decide wholesale prices. Primary traders and petroleum product distributors may adjust retail prices according to the principles and procedures stipulated in this Article. Primary traders are responsible for participating in price stabilization as prescribed by current laws and shall be compensated by the state for reasonable costs incurred during participation in price stabilization.

c) The minimum time between two consecutive price adjustments is fifteen (15) days for price increases, and the maximum time is fifteen (15) days for price decreases.

d) In cases where the Government does not implement price stabilization, primary traders must submit to competent state agencies: price declaration documents and price adjustment decisions as prescribed in Clause 2 or Points a and b of Clause 3 of this Article.

In cases where the Government implements price stabilization as stipulated in Articles 17 and 18 of the Price Law, primary traders must submit to competent state agencies: price registration documents and price adjustment decisions made by traders as prescribed in Point c of Clause 3 of this Article.

đ) Competent state agencies, based on price declaration documents or price registration documents and price adjustment decisions submitted by primary traders, are responsible for inspecting and supervising to ensure that primary traders' price adjustments comply with legal regulations.

e) Based on economic and social conditions, world petroleum product prices during each period, the Government decides:

- Adjusting the provisions set forth in Point c of Clause 1; Clause 2; Clause 3 of this Article;

- Deciding on domestic petroleum product price stabilization and assigning the Ministry of Industry and Trade to lead and coordinate with the Ministry of Finance to implement price stabilization measures within the applicable period.

2. Reduction in Retail Prices of Petroleum Products

When factors causing fluctuations result in the base price decreasing compared to the previous base price within the time limit specified in Point c of Clause 1 of this Article, primary traders must reduce retail prices at least correspondingly to the base price at the time of price adjustment; simultaneously submitting price declaration documents and price adjustment decisions to competent state management agencies (Ministry of Industry and Trade - Ministry of Finance) and bearing legal responsibility for the adjusted price level; without limiting the reduction amount, the time interval between two reductions, and the number of price reductions.

3. Increase in Retail Prices of Petroleum Products:

a) When factors causing fluctuations result in the base price increasing by up to three percent (≤ 03%) compared to the previous base price, primary traders may increase retail prices correspondingly to the base price at the time of price adjustment; simultaneously submitting price declaration documents and price adjustment decisions to competent state management agencies (Ministry of Industry and Trade - Ministry of Finance) and bearing legal responsibility for the adjusted price level.

b) When factors causing fluctuations result in the base price increasing by more than three percent (> 03%) to up to seven percent (≤ 07%) compared to the previous base price, primary traders must submit price declaration documents and proposed price adjustment levels to competent state management agencies (Ministry of Industry and Trade - Ministry of Finance).

Within three (03) working days from receiving the price declaration documents and proposed price adjustment levels from primary traders, competent state management agencies must issue a response document to primary traders regarding the price adjustment, using the Stabilization Fund (if available).

Beyond the three (03) working day period, if competent state management agencies do not issue a response document, primary traders have the right to adjust retail prices maximally corresponding to the base price at the time of adjustment but not exceeding seven percent (07%) compared to the previous base price.

c) When factors causing fluctuations result in the base price increasing by more than seven percent (> 07%) compared to the previous base price or when price increases affect economic and social development and people's livelihoods, the Ministry of Industry and Trade - Ministry of Finance reports.

4. Retail Prices of Petroleum Products for Petroleum Product Distributors:

a) Based on the wholesale prices of petroleum products set by primary traders, petroleum product distributors establish unified retail prices within their distribution systems, not exceeding the base price announced by the Ministry of Industry and Trade - Ministry of Finance.

b) When adjusting retail prices, petroleum product distributors must simultaneously submit price adjustment decisions to competent state management agencies for inspection and supervision in accordance with regulations.

Article 39. Transparency in Price Management and Gasoline Business Operations

1. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Finance to implement transparent price management in accordance with the provisions set out in Article 38 of this Decree.

2. The Ministry of Industry and Trade shall be responsible for publishing on its electronic information website: world prices, base prices, current retail prices of gasoline; the time of use, amount established, amount used, and remaining balance of the gasoline price stabilization fund quarterly; other management measures.

The Ministry of Finance shall be responsible for supervising the management of gasoline prices; monitoring the establishment and usage levels of the gasoline price stabilization fund by key traders.

3. Key traders shall be responsible for publishing on their electronic information websites or through mass media: current retail prices; amounts established, amounts used, and remaining balances of the gasoline price stabilization fund monthly and before each adjustment of domestic gasoline prices; adjusting the levels of establishment and usage of the gasoline price stabilization fund; publishing audited financial reports annually.

Article 40. Responsibilities of Ministries, Sectors, and People's Committees

In addition to specific responsibilities stipulated in the articles and clauses of this Decree, ministries, sectors, and people's committees within their respective functions, tasks, and authorities shall be responsible for:

1. Ministry of Industry and Trade:

b) Guiding business operations and distribution of gasoline; inspecting and supervising traders to comply with conditions and regulations set forth in Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 of this Decree.

c) Guiding implementation of export, import, temporary import for re-export, transshipment, and export processing of gasoline and raw materials as provided in Article 35 of this Decree.

d) Inspecting and supervising traders to comply with conditions and regulations set forth in Articles 27, 28, and 29 of this Decree.

đ) Taking the lead and coordinating with the Ministry of Finance to manage gasoline selling prices, establish and use the gasoline price stabilization fund through the mechanism of the Inter-Ministerial Group for Gasoline Price Management. In case of differing opinions, the Ministry of Industry and Trade shall make the decision and bear responsibility; if necessary, report to the Prime Minister.

Taking the lead and coordinating with the Ministry of Finance to inspect and supervise key traders and distributors of gasoline to comply with the regulations set forth in Article 38 of this Decree.

e) Taking the lead and coordinating with the Ministry of Finance to establish, define tasks, and direct activities of the Inter-Ministerial Group for Gasoline Price Management.

g) Coordinating with relevant ministries, sectors, and provincial people's committees to implement the provisions of Clause 4 and 5 of Article 41 of this Decree to ensure stable supply of gasoline and meet local demand.

h) Taking the lead and coordinating with relevant ministries and sectors to introduce biofuels into the domestic market according to the roadmap prescribed by the Prime Minister.

Coordinating with the Ministry of Finance and relevant ministries and sectors to develop policies and mechanisms regarding pricing, taxes, fees, and other financial mechanisms to encourage the use of biofuels while ensuring market principles and state management.

i) Taking the lead and coordinating with relevant ministries and sectors to develop, amend, and supplement national technical standards for design requirements of gasoline stations (onshore, offshore), and uniform implementation throughout the country.

k) Taking the lead and coordinating with relevant agencies to issue regulations on the allowable loss rate of gasoline for state management purposes.

2. Ministry of Finance:

a) Taking the lead in inspecting and supervising key traders to comply with the provisions of Article 37 of this Decree and related taxes and fees. Coordinating with the Ministry of Industry and Trade to inspect and supervise key traders to comply with the provisions of Article 38 of this Decree.

b) Implementing state management functions over pricing; taking the lead and coordinating with the Ministry of Industry and Trade to guide methods for calculating base prices, managing, establishing, and using the gasoline price stabilization fund; inspecting and supervising the implementation of standard operating costs and profit margins.

c) Issuing guidance documents on:

- Record-keeping procedures for invoices in various stages of business operations for gasoline distributors, general agents, sub-agents, and retail outlets;

- Accounting methods and tax collection in gasoline business operations, ensuring principles of gasoline distribution as stipulated in Clause 4 and 10 of Article 9; Clause 8 of Article 11; Clauses 1, 2, 3, 4, and 5 of Article 15; Clauses 1, 2, 3, 4, and 5 of Article 18; Clauses 1, 2, and 3 of Article 21; Clauses 1, 2, and 3 of Article 23 of this Decree;

3. The Ministry of Science and Technology:

a) Taking the lead and coordinating with relevant ministries and sectors to manage, inspect, and control measurement and quality of gasoline produced, blended, imported, and circulating in the market.

b) Taking the lead and coordinating with relevant ministries and sectors to develop, amend, and supplement the national system of standards and technical regulations on measurement and quality of gasoline, and uniform implementation throughout the country.

c) Guiding the use of uncommon additives in blending gasoline; applying quality management systems and laboratory testing capability management systems.

d) Taking the lead and coordinating with relevant units to inspect, control, and monitor compliance with measurement and quality management regulations for gasoline traders as stipulated in Articles 9, 10, 11, 12, 13, 15, 18, 21, 23, 26, 29, and 32 of this Decree.

4. Ministry of Transport:

a) Taking the lead and coordinating with the Ministry of Industry and Trade, the Ministry of Science and Technology, and relevant agencies to prescribe standards and conditions for connection points between transportation systems and gasoline business facilities as provided in Article 5 of this Decree and operational water areas for gasoline retail outlets on water.

b) Taking the lead and coordinating with provincial people's committees to implement the provisions of Clause 15 of Article 9 of this Decree.

5. The Ministry of Natural Resources and Environment:

a) To take the lead and coordinate with relevant ministries and sectors to organize inspections and supervision of the implementation of environmental protection measures by gasoline retail businesses as provided for in Article 6 of this Decree.

b) To take the lead and coordinate with the Ministry of Industry and Trade to guide the implementation of environmental protection work in gasoline retail business.

c) To take the lead and coordinate with related agencies to organize training on environmental protection skills for managers and staff directly involved in retail gasoline sales at retail outlets in accordance with Articles 13, 16, 19, 22, 24, 27, and 28 of this Decree.

6. Ministries and sectors shall be responsible for guiding administrative procedures prescribed in this Decree in accordance with their assigned functions, tasks, and authorities.

7. Provincial People's Committees and municipal people's committees under the central government shall be responsible for directing departments and agencies at the local level to guide the documentation and procedures for issuing certificates of qualification for retail gasoline outlets, certificates of qualification for general agents in gasoline retail business, and certificates of qualification for retail gasoline outlets in the locality; supervise gasoline retail activities in the locality to ensure compliance with current laws; monitor the quality of gasoline within their jurisdiction; specify operating hours for retail gasoline outlets; define situations where sales must stop and the notification procedures before stopping sales; manage suppliers providing gasoline to retail outlets.

8. Ministries and sectors, provincial people's committees, and municipal people's committees under the central government shall be responsible for performing state management functions within their authority over the provisions related to this Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 41. Transitional Provisions

1. Gasoline traders who have been granted export and import licenses or certificates of qualification for retail gasoline outlets prior to the effective date of this Decree are not required to reapply for export and import licenses or certificates of qualification for retail gasoline outlets.

2. For gasoline traders engaged in export and import:

a) Traders applying for export and import licenses for gasoline must comply with the regulations regarding ownership or leasing of warehouses and transportation means as stipulated in this Decree.

b) In cases where the export and import license of a principal trader expires during the implementation period as specified in Clauses 3 and 4 of Article 7 of this Decree, the principal trader may continue to lease domestic gasoline transportation means from another principal trader for a period of two (02) years and lease warehouses from another principal trader for a period of three (03) years, starting from the effective date of this Decree.

c) Principal traders currently operating under export and import licenses must implement the plan to invest in retail gasoline outlets and quality testing laboratories from the effective date of this Decree; they must complete the plan to own or lease domestic gasoline transportation means from service providers within two (02) years from the effective date of this Decree, and the plan to own or lease warehouses from service providers within three (03) years from the effective date of this Decree.

3. For traders acting as general agents in gasoline retail business:

General agents currently operating in gasoline retail business may continue their operations; within one (01) year from the effective date of this Decree, they must complete the plan to lease warehouses and domestic gasoline transportation means from service providers.

4. New gasoline retail businesses must comply with approved planning as stipulated in this Decree.

5. Existing gasoline retail businesses that do not comply with approved planning must implement a phased upgrade or relocation plan to align with the planning as approved by the competent state management agency.

6. Based on economic and social conditions, practical experience in gasoline retail business in Region 3, which includes mountainous and highland areas as defined by law, provincial people's committees and municipal people's committees under the central government may permit individual traders and fuel supply stations belonging to armed forces (defense and public security) to act as retail gasoline agents with appropriate scale and equipment suitable for the local conditions; other conditions must comply with the provisions of this Decree and other relevant legal documents.

Article 42. Effective Date

1. This Decree takes effect from November 1, 2014.

2. Decree No. 84/2009/NĐ-CP dated October 15, 2009 of the Government on gasoline retail business and Article 1 of Decree No. 118/2011/NĐ-CP dated December 16, 2011 of the Government amending and supplementing administrative procedures in the field of gasoline retail business and liquefied petroleum gas will cease to be effective from the date this Decree takes effect.

3. All previous regulations on managing gasoline retail business that conflict with the provisions of this Decree are hereby abolished.

Article 43. Implementation

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial people's committees and municipal people's committees under the central government, organizations, units, and individuals concerned are responsible for implementing this Decree./.