Decree No. 95/2021/NĐ-CP amends and supplements some articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014, of the Government on trading in petroleum products.

DECREE

Amending and supplementing certain articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014 on gasoline and oil business

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Prices dated June 20, 2012;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on gasoline and oil business.

Article 1. Amending and supplementing certain articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on gasoline and oil business

1. Clause 2, Article 2 shall be amended and supplemented as follows:

“2. This Decree shall not apply to traders importing, exporting, producing, and blending types of gasoline and oil for their own specific needs with a quantity not exceeding 200 liters/kg/month and not circulating in the market.”

2. Clause 1, Clause 3, Clause 7, Clause 9, Clause 10, and Clause 11 of Article 3 are amended and supplemented as follows:

“1. Gasoline and oil is a general term referring to products resulting from technological processes of distillation and refining crude oil, waste products, and other raw materials to produce fuel products, including: gasoline, diesel fuel, kerosene, bitumen, aviation fuel, biofuel, and other fuel products, excluding liquefied natural gas and compressed natural gas.”

“3. Production of gasoline and oil is a technological process of distillation and refining crude oil, gasoline and oil products, semi-finished gasoline and oil products, waste products, and other raw materials into gasoline and oil products.”

“7. World price of gasoline and oil is the price of gasoline and oil products traded on international markets determined and announced by the Ministry of Industry and Trade.”

“9. Base price is determined based on factors forming the composite price from domestic production and imported gasoline and oil sources, serving as a basis for state agencies to determine regulated prices (base price minus (-) the level of expenditure from the Price Stabilization Fund), and as a basis for deciding retail prices of gasoline and oil in Vietnam (except for bitumen, which is the wholesale price).”

“10. Gasoline and oil traders include: main traders of gasoline and oil; main producers of gasoline and oil; distributors of gasoline and oil; general agents of gasoline and oil trading; retailers of gasoline and oil; licensees of retail gasoline and oil sales; traders of gasoline and oil services.”

“11. Main traders include main traders of gasoline and oil and main producers of gasoline and oil.”

Main traders of gasoline and oil are traders purchasing gasoline and oil directly from refineries (or from enterprises granted the exclusive right to purchase all finished product from the refinery in cases where the refinery does not sell finished product directly) or importing gasoline and oil to supply their own systems, sell to other gasoline and oil traders, and export gasoline and oil.

Enterprises granted the exclusive right to purchase all finished product from the refinery have the right to export and import finished gasoline and oil products to ensure a balance in the supply of gasoline and oil to main traders of gasoline and oil according to guidelines issued by the Ministry of Industry and Trade.

Main producers of gasoline and oil are traders implementing technological processes of distillation and refining crude oil, gasoline and oil products, semi-finished gasoline and oil products, waste products, and other raw materials into gasoline and oil products.

3. Supplementing Clause 17, Clause 18, Clause 19, and Clause 20 to Article 3

“17. Biofuel under this Decree refers to types of gasoline, diesel fuel, and ethanol fuel specified in the National Technical Regulation on Gasoline, Diesel Fuel, and Biofuel issued by the Ministry of Science and Technology.”

“18. Ownership of gasoline and oil business infrastructure (including retail gasoline and oil stores, warehouses, transportation vehicles, wharfs, refueling equipment, testing laboratories, and other equipment serving the production and trading of gasoline and oil) under this Decree means ownership by the owner individually or jointly with others holding at least 35% of the value of the infrastructure at the time of establishing ownership rights.”

“19. Removing the concept of ‘joint ownership’ as stipulated in Decree No. 83/2014/NĐ-CP.”

“20. Small-scale fuel dispensing equipment is fuel dispensing equipment installed at fixed fuel sales points registered with competent authorities, subject to measurement control and fire safety requirements, and other requirements prescribed by law. The Ministry of Industry and Trade will provide detailed guidance on the capacity limits of small-scale fuel dispensing equipment.”

4. Supplementing Article 5a following Article 5 as follows:

“Article 5a. Transfer of Shares to Foreign Investors

In addition to traders engaged in petroleum products trading who have been approved by the Prime Minister for capital contribution or transfer of shares to foreign investors, traders engaged in petroleum products trading with production activities may transfer shares to foreign investors if they need to, but must obtain approval from the Prime Minister.

5. Rename traders engaged in export and import of petroleum products as stipulated in Decree No. 83/2014/ND-CP to be key traders in petroleum products trading. Change the name of Export and Import Petroleum Products Trading License to Confirmation Certificate Meeting Conditions to Operate as Key Traders in Petroleum Products Trading.

Amend Model No. 1, Model No. 2, Model No. 3, and add Model No. 3a, Model No. 4a in the Appendix of Decree No. 83/2014/ND-CP.

6. Clause 3, Clause 4, Clause 5, Clause 7 of Article 7 shall be amended and supplemented as follows:

“3. Have a storage tank with a minimum capacity of fifteen thousand cubic meters (15,000 m³) to directly receive petroleum products from oil product-carrying vessels and other specialized transportation means, owned by the enterprise or leased from petroleum product traders for at least five (05) years.”

“4. Have domestic petroleum product transportation means owned by the enterprise or leased from petroleum product traders for at least five (05) years.”

“5. Have a petroleum product distribution system: a minimum of ten (10) retail outlets selling petroleum products owned or leased for at least five (05) years, of which at least five (05) outlets are owned by the enterprise; a minimum of forty (40) total agents or retail outlets selling petroleum products or traders holding the right to sell petroleum products under the distribution system of the trader.”

“7. Key traders in aviation fuel do not necessarily have to have the distribution system specified in Clause 5 of this Article but must meet the following additional conditions:

- Have transportation means and aircraft refueling equipment suitable for aviation fuel products, owned or leased for at least five (05) years.

- Have a receiving facility at airports equipped with facilities and infrastructure meeting the standards for aviation fuel products, owned or leased for at least five (05) years.

- Have a testing laboratory with sufficient capacity owned or leased to check the quality of aviation fuel products according to national and international standards as prescribed.”

“a) For new issuance cases, the application package includes:

- Application form for Confirmation Certificate Meeting Conditions to Operate as Key Traders in Petroleum Products Trading according to Model No. 1 in the Appendix attached to this Decree;

- Copy of Business Registration Certificate;

- List of technical facilities serving petroleum products trading as stipulated in Clause 2, Clause 3, and Clause 4 of Article 7 of this Decree, accompanied by supporting documents;

- List of retail outlets selling petroleum products owned or leased, list of total agents selling petroleum products, retail outlets selling petroleum products, traders holding the right to sell petroleum products under the distribution system of the trader as stipulated in Clause 5 of Article 7 of this Decree, accompanied by supporting documents.”

“d) In case the Confirmation Certificate Meeting Conditions to Operate as Key Traders in Petroleum Products Trading expires, the trader must prepare an application package as for new issuance cases as stipulated in Point a of this clause and send it to the Ministry of Industry and Trade at least thirty (30) working days before the expiration date of the Confirmation Certificate.”

“6. The Ministry of Industry and Trade has the authority to revoke the Confirmation Certificate Meeting Conditions to Operate as Key Traders in Petroleum Products Trading. The Confirmation Certificate Meeting Conditions to Operate as Key Traders in Petroleum Products Trading will be revoked in the following cases: the trader does not engage in petroleum products trading for more than one (01) quarter; the trader does not fulfill the total minimum source assigned by the Ministry of Industry and Trade for two (02) consecutive years; the trader is declared bankrupt according to the law; the trader does not meet the conditions stipulated in Article 7 of this Decree; the trader does not reserve petroleum products according to the provisions of Article 31 of this Decree; the trader repeatedly violates the regulations on ensuring the quality of petroleum products circulating in the market as stipulated in this Decree and other cases as prescribed by law.”

“1. Be allocated the annual minimum total source of petroleum products by the Ministry of Industry and Trade.”

“2. Have the right to import or purchase raw materials domestically for blending petroleum products, notify customs authorities to handle import procedures and supervise the importation of raw materials by the trader.”

“7. Ensure that the supply of petroleum products is not lower than the minimum total source allocated by the Ministry of Industry and Trade throughout the year according to the quarterly schedule or specific guidance documents issued by the Ministry of Industry and Trade; ensure the quality, quantity, type structure, and mandatory minimum reserve level of petroleum products as stipulated in Clause 1 of Article 31 of this Decree.”

“11. Key traders in petroleum products are the owners of petroleum products in their entire distribution system, except when selling petroleum products to other key traders in petroleum products, distributors, and traders holding the right to sell petroleum products. Key traders in petroleum products must register their distribution system according to the regulations of the Ministry of Industry and Trade.”

“18. Be authorized to allow subsidiaries to perform some business rights in petroleum products trading according to the guidelines of the Ministry of Industry and Trade.”

“20. Key traders in petroleum products must establish, manage, and report on the use of the Petroleum Products Stabilization Fund according to this Decree and the guidelines of the Ministry of Finance.”

"21. In case a petroleum distributor business trader has their Certificate of Eligibility for Petroleum Distributor Business Trader revoked, or does not apply for a new certificate when the Certificate of Eligibility for Petroleum Distributor Business Trader expires, or voluntarily registers to cease being a Petroleum Distributor Business Trader, or if the enterprise acting as a Petroleum Distributor Business Trader goes bankrupt or is dissolved, such a Petroleum Distributor Business Trader shall have the obligation to transfer or pay the entire balance of the Petroleum Price Stabilization Fund into the state budget (if the Petroleum Price Stabilization Fund at the enterprise has a positive balance)."

9. Clause 1, Clause 3, Clause 8 of Article 11 shall be amended and supplemented as follows:

“1. Be allowed to purchase raw materials domestically, directly import raw materials and finished petroleum products, or entrust a trader with a Certificate of Eligibility for Petroleum Distributor Business Trader to carry out these activities. The importation of raw materials and finished petroleum products must follow the plan confirmed and announced by the Ministry of Industry and Trade to the customs authority for the procedures and control of the importation of raw materials and finished petroleum products by the trader.”

“3. Be allowed to consume petroleum products produced by traders on the domestic market through its own distribution system as stipulated in Clause 8 of this Article, sell petroleum products to other Petroleum Distributor Business Traders. Additionally, sell special types of petroleum products (which are not permitted to circulate on the market) to functional units for national security and defense purposes according to the list approved by the Prime Minister.”

“8. Organize a domestic petroleum distribution system, must comply with the provisions of Clause 4 and 5 of Article 7; Clause 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of Article 9 of this Decree, and obtain from the Ministry of Industry and Trade a Certificate of Eligibility for Petroleum Distributor Business Trader.”

10. Clause 2, Clause 3, Clause 5 of Article 13 shall be amended as follows:

“2. Have storage tanks with a minimum capacity of two thousand cubic meters (2,000 m³), owned by the enterprise or leased for use from a petroleum trader for at least five (05) years.”

“3. Have petroleum transportation means owned by the enterprise or leased for use from a petroleum trader for at least five (05) years.”

“5. Have a petroleum distribution system covering at least two (02) centrally governed provinces or cities, including a minimum of five (05) retail petroleum outlets owned or leased for at least five (05) years, of which at least three (03) outlets are owned; a minimum of ten (10) retail petroleum outlets belonging to agents or traders granted a Certificate of Retail Petroleum Outlet Eligibility according to Article 25 of this Decree.”

11. Amend Point d and supplement Point a of Clause 2 of Article 14 with the following content:

Supplement Point a:

"- A copy of the Petroleum Purchase and Sale Contract between the trader requesting a Certificate of Eligibility for Petroleum Distribution Business Trader and the petroleum supplier.”

Amend Point d:

“d) In case the Certificate of Eligibility for Petroleum Distribution Business Trader expires, the trader must prepare a dossier as required for a new issuance under Point a of this Clause and submit it to the Ministry of Industry and Trade at least thirty (30) working days before the Certificate expires.”

12. Clause 1, Clause 4 of Article 15 shall be amended and supplemented as follows:

“1. Be allowed to purchase petroleum from multiple Petroleum Distributor Business Traders and other Petroleum Distribution Business Traders according to Petroleum Purchase and Sale Contracts.”

“4. In addition to selling at retail outlets directly owned by the trader, granting franchise rights to retailers, selling petroleum to units that directly use petroleum for production, only be allowed to supply petroleum through agency arrangements as defined in the Commercial Law to traders specified in Article 19 who do not violate Clauses 2 and 3 of Article 21 of this Decree.”

13. Clause 2, Clause 3, Clause 4 of Article 16 shall be amended and supplemented as follows:

“2. Have storage tanks with a minimum capacity of two thousand cubic meters (2,000 m³), owned by the enterprise or leased for use from a petroleum trader for at least five (05) years.”

“3. Have petroleum transportation means owned by the enterprise or leased for use from a petroleum trader for at least five (05) years.”

“4. Have a petroleum distribution system: a minimum of five (05) retail petroleum outlets owned or leased for at least five (05) years, of which at least three (03) outlets are owned; a minimum of ten (10) retail petroleum outlets belonging to agents granted a Certificate of Retail Petroleum Outlet Eligibility according to Article 25 of this Decree.”

14. Point d of Clause 3 of Article 17 shall be amended as follows:

“d) In case the Certificate of Eligibility for General Agency of Petroleum Trading expires, the trader must prepare a dossier as required for a new issuance under Point a of this Clause and submit it to the competent authority at least thirty (30) working days before the Certificate expires.”

15. Clause 2 of Article 19 shall be amended and supplemented as follows:

“2. Have a retail petroleum outlet owned or leased for at least five (05) years, granted a Certificate of Retail Petroleum Outlet Eligibility according to Article 25 of this Decree.”

16. Clause 3 of Article 20 shall be amended and supplemented as follows:

“3. In case a retailer agent of petroleum products only has one (01) retail petroleum outlet owned by the enterprise or leased, there is no need to apply for a Certificate of Eligibility for Retail Agent of Petroleum Products.”

17. Clause 2 of Article 22 shall be amended and supplemented as follows:

“2. Have a retail petroleum outlet owned or leased for at least five (05) years, granted a Certificate of Retail Petroleum Outlet Eligibility according to Article 25 of this Decree.”

18. Clause 2, Clause 3 of Article 24 shall be amended and supplemented as follows:

“2. Owned or leased for at least five (05) years by a retailer agent of petroleum products, a general agency of petroleum trading, a retailer right holder, a petroleum distribution trader, a petroleum distributor business trader, or a petroleum distributor production trader with a distribution system as prescribed in this Decree (the trader applying for issuance must be named on the Certificate of Retail Petroleum Outlet Eligibility). In case leasing a retail petroleum outlet, the lessee must be named on the Certificate of Retail Petroleum Outlet Eligibility.”

"3. Designed, constructed, and equipped in accordance with the national technical regulations on the requirements for designing fuel service stations, ensuring fire prevention and extinguishing safety, and environmental protection as prescribed by competent state management agencies."

19. Supplement Article 24a as follows:

“Article 24a. Small-scale Fuel Dispensing Equipment

Small-scale fuel dispensing equipment may operate if it meets the following requirements:

1. Subject to measurement control and safety inspection by competent authorities as prescribed.

2. Operates in remote areas in accordance with guidelines issued by the Ministry of Industry and Trade, consistent with current regulations.

3. Is owned by a retail fuel trader who is an agent, general agent, authorized retailer, distributor, key trader, or key producer of fuel with a distribution system as stipulated in this Decree.

4. A fuel trader operating small-scale fuel dispensing equipment must submit a notification application to the Department of Industry and Trade at the location where the equipment is installed to obtain a Notification Acceptance Certificate for operating small-scale fuel dispensing equipment.

a) The application for a Notification Acceptance Certificate for operating small-scale fuel dispensing equipment includes:

- A notification for operating small-scale fuel dispensing equipment according to Model 3a attached to this Decree.

- A copy of the confirmation certificate for being a fuel trader according to the corresponding types as prescribed in this Decree.

- A copy of the training certificate for fire prevention and extinguishing for direct sales staff.

- A copy of the certification for inspecting small-scale fuel dispensing equipment.

b) Within five (05) working days from the date of receiving the complete notification application for operating small-scale fuel dispensing equipment, the Department of Industry and Trade must issue a Notification Acceptance Certificate for operating small-scale fuel dispensing equipment according to Model 4a attached to this Decree and send it to the entity operating small-scale fuel dispensing equipment. If the submitted application is incomplete, within three (03) working days, the Department of Industry and Trade must issue a letter requesting the trader to supplement the application as required.

5. In case a trader changes information on the Notification Acceptance Certificate for operating small-scale fuel dispensing equipment, the trader must submit an application proving the change of information or, in case the Notification Acceptance Certificate is lost or damaged, submit an application according to point a, Clause 4 of this Article and send it to the Department of Industry and Trade to reissue the Notification Acceptance Certificate for operating small-scale fuel dispensing equipment."

20. Supplement point a and amend point d of Clause 2, Article 25 as follows:

“a) For new issuance cases, the application package includes:

- An application for a Certificate of Eligibility for Retail Fuel Service Stations according to Model 3 attached to this Decree;

- A copy of the business registration certificate of the trader applying for the Certificate of Eligibility for Retail Fuel Service Stations;

- A list of equipment of the retail fuel service station according to Clause 3, Article 24 of this Decree and documents proving the legality of construction of the retail fuel service station;

- A copy of the training certificates or equivalent documents of the management staff and employees of the service station according to Clause 4, Article 24 of this Decree;

- A copy of the document confirming supply to fuel service stations by the supplier;

- A copy of the legal documents proving ownership or lease rights with a lease term of at least five (05) years of the trader applying for the Certificate of Eligibility."

"d) In case the Certificate of Eligibility for Retail Fuel Service Stations expires, the trader must prepare an application as for a new issuance according to point a of this clause and send it to the Department of Industry and Trade at least thirty (30) working days before the expiration of the Certificate. In case the fuel service station has not been newly built or expanded, the application for reissuing the Certificate when it expires does not include documents proving the legality of construction of the retail fuel service station."

21. Clause 6 of Article 26 is amended as follows:

"6. Sales shall only be stopped after approval in writing by the Department of Industry and Trade, except in cases of force majeure (fire, flood, or efforts to apply remedial measures but unable to maintain sales)."

22. Clause 1 and Clause 4 of Article 29 are amended as follows:

"1. Engage in leasing port and storage facilities for fuel, transportation services, and refueling services according to signed contracts."

"4. If engaging in other fuel-related businesses (key traders, distributors, general agents, agents, authorized retailers), they must comply with the relevant regulations governing such activities."

23. Article 31 is amended and supplemented as follows:

"1. From the effective date of this Decree, key traders and key producers of fuel with a distribution system must ensure a stable minimum mandatory fuel reserve level equal to twenty (20) days of domestic supply, calculated based on the average daily domestic consumption of the previous year, including both structural categories; comprising reserves for national energy security and mandatory circulation reserves.

2. From the effective date of this Decree, fuel distributors must ensure a stable minimum mandatory fuel reserve level equal to five (05) days of domestic supply, calculated based on the average daily domestic consumption of the previous year, including both structural categories.

3. From the effective date of this Decree, key fuel producers must ensure a stable minimum mandatory fuel reserve level according to current regulations on fuel reserves.

4. The mechanism for using mandatory fuel reserves shall be implemented in accordance with laws on national reserves and/or directives from the Ministry of Industry and Trade to serve the balance of supply and demand and stabilize the market when necessary."

24. Article 33 is amended and supplemented as follows:

“Article 33. Minimum Total Fuel Supply

1. Annually, based on the national economy's fuel demand and domestic fuel production, the Ministry of Industry and Trade shall determine the directional demand for the total fuel supply of the following year. The fuel demand for national defense shall be determined separately.

2. Based on the actual domestic consumption of the previous year and the registration of fuel trading enterprises, the Ministry of Industry and Trade assigns the minimum total fuel supply to serve domestic consumption throughout the year according to the structure of types to each enterprise holding a certificate confirming eligibility to operate as a fuel trading enterprise.

3. In necessary cases, to ensure supply, the Ministry of Industry and Trade shall specify the import schedule or purchase of domestic fuel for trading enterprises to implement.

4. Based on market demand, fuel trading enterprises decide the total volume of various fuels to be traded for domestic consumption but not less than the assigned minimum level.

5. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries and sectors to inspect and supervise the assurance of the minimum total fuel supply for enterprises, ensuring the needs of the economy and social consumption are met. If necessary, the Ministry of Industry and Trade may adjust the assigned minimum total supply levels for enterprises.

25. Article 34 is amended and supplemented as follows:

“Article 34. Procedure for Registering the Minimum Total Fuel Supply

1. Annually, based on the fuel consumption situation in the current year and the development plan for the following year, fuel trading enterprises shall register the minimum total fuel supply with the Ministry of Industry and Trade.

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

a) A letter requesting the registration of the quantity and type of fuel for which the minimum total supply is sought.

b) A report on the business situation of the unit in the current year.”

“Article 37. Fuel Price Stabilization Fund

1. The Fuel Price Stabilization Fund is a financial fund not included in the state budget balance (hereinafter referred to as the Stabilization Fund); the entire source of contributions and expenditures are used to participate in price regulation and support the goal of stabilizing domestic fuel prices.

Trading enterprises have the obligation to establish the Fuel Price Stabilization Fund; to account and monitor the Stabilization Fund separately through a bank account opened at a commercial bank or a foreign bank branch operating legally in Vietnam (hereinafter referred to as the bank) in accordance with this Decree and the guidance of the Ministry of Finance. Trading enterprises bear full responsibility under the law for selecting the bank, managing, and ensuring the preservation of the Stabilization Fund balance.

2. Contribution and expenditure from the Stabilization Fund

a) The contribution rate to the Stabilization Fund: is a component of the base price; it is a specific amount calculated per liter or kilogram of fuel actually consumed (VND/liter or kilogram) according to the price control announcement of the Ministry of Industry and Trade.

If at the time of price control, the balance of the Stabilization Fund is large, the Ministry of Industry and Trade will consider adjusting the contribution rate to reduce or temporarily suspend contributions to the Stabilization Fund.

b) The expenditure rate from the Stabilization Fund: is a specific amount calculated per liter or kilogram of fuel actually consumed (VND/liter or kilogram) according to the price control announcement of the Ministry of Industry and Trade, to be flexibly managed in cases where the base price increases significantly or when increasing fuel prices affects economic and social development and people's livelihood.

Trading enterprises can only use the Stabilization Fund according to the price control announcement of the Ministry of Industry and Trade and cannot use the Fuel Price Stabilization Fund for other purposes.

c) The Ministry of Industry and Trade bases its decision on the actual situation, the balance of the Stabilization Fund, and the changes in the base price of fuel at the time of price control, after reaching agreement with the Ministry of Finance, to determine the contribution and expenditure rates of the Stabilization Fund.

d) The amount contributed and expended from the Stabilization Fund during the period must be promptly deducted and deposited into the Stabilization Fund account at the bank; the interest on the balance of the Stabilization Fund deposit account is calculated according to the interest rate applied to the transaction account of the bank where the trading enterprise opens the Stabilization Fund deposit account during the same period. Any interest generated on the positive balance of the Stabilization Fund is accounted for within the Stabilization Fund.

When a trading enterprise uses the Stabilization Fund according to the control announcement of the Ministry of Industry and Trade but at that time, the balance of the Stabilization Fund deposit account is zero, the trading enterprise may borrow funds or use legitimate financial resources to cover the excess expenditure over the Stabilization Fund (the negative balance of the Stabilization Fund).

- In the case where a trading enterprise borrows from a bank to cover the excess expenditure over the Stabilization Fund, the interest rate will be calculated according to the lowest agreed interest rate at the bank where the trading enterprise borrows.

- In the case where a trading enterprise uses legitimate financial resources to cover the excess expenditure over the Stabilization Fund, the maximum interest rate will be equal to the lowest interest rate applied to the transaction account of one (01) of the banks where the trading enterprise opens the Stabilization Fund deposit account.

3. Trading enterprises are responsible for publicly announcing on their corporate electronic media or mass media about the situation of contributions, expenditures, interest generated, and the balance of the Stabilization Fund; simultaneously reporting to the Ministry of Finance and the Ministry of Industry and Trade.

4. Petroleum traders have the responsibility to organize the implementation of the establishment, utilization, management of the fuel price stabilization fund, and report and disclose according to the provisions of this Decree and the guidance of the Ministry of Finance. In case of violation, administrative penalties will be imposed based on the severity of the act according to Decree No. 109/2013/ND-CP dated September 24, 2013, and Decree No. 49/2016/ND-CP dated May 27, 2016 of the Government amending and supplementing certain articles of Decree No. 109/2013/ND-CP dated September 24, 2013 of the Government on administrative penalties for violations in the field of price, fee, tax rate, invoice management, and amended, supplemented, or replaced documents (if any). Petroleum traders who repeatedly violate will be considered for suspension of business operations or revocation of the confirmation certificate of eligibility to be a petroleum trading hub trader according to current laws.

5. The Ministry of Finance shall guide the methods of establishing, utilizing, managing the fuel price stabilization fund; the scale of the fuel price stabilization fund; inspect and supervise petroleum trading hub traders' compliance with regulations on establishing and utilizing the fuel price stabilization fund.

“Article 38. Principles for Managing Fuel Prices

1. Fuel prices are implemented under a market mechanism with state regulation, in line with global fuel price trends and economic and social conditions during each period.

2. Petroleum trading hub traders and fuel distributors have the right to decide wholesale prices. Based on actual conditions at their enterprises, petroleum trading hub traders and fuel distributors determine retail fuel prices (except for bitumen, which is the wholesale price) within their distribution systems in accordance with actual costs incurred at their enterprises and not exceeding the regulated price announced by competent state authorities.

For remote areas far from ports, central depots, or fuel production facilities, if there are reasonable and legitimate actual costs (verified by auditing) that increase significantly leading to higher selling prices than the regulated price, petroleum trading hub traders may set actual selling prices in those areas (announced to the Ministry of Industry and Trade) to cover the additional costs but not exceeding two percent above the announced regulated price at the same time.

Petroleum trading hub traders and fuel distributors are responsible for reporting their selling prices to the Ministry of Industry and Trade and the Ministry of Finance immediately after deciding on their enterprise's fuel selling prices.

3. Time for Managing Fuel Prices

Fuel price management occurs on the 1st, 11th, and 21st of each month. If these management periods coincide with national holidays or public holidays, the management time will be postponed to the next working day following the holiday. For periods coinciding with the Lunar New Year holiday, the management time will be postponed to the next management period.

In cases where fuel prices fluctuate abnormally, significantly impacting economic development and people's livelihoods, the Ministry of Industry and Trade has the responsibility to report to the Prime Minister for consideration and decision on appropriate fuel price management times.

4. In cases where factors causing fluctuations result in a base price increase of more than ten percent compared to the previous adjacent base price or when fuel prices fluctuate significantly affecting economic development and people's livelihoods, the Ministry of Industry and Trade has the responsibility to report to the Prime Minister for consideration and decision on specific management measures.

5. State-announced base prices apply to commonly consumed fuel products on the market.

“Article 38a. Base Price Formula:

1. The base price of oil products is determined by multiplying the import price of oil products by the percentage of production volume from imports, and adding the domestic production price of oil products multiplied by the percentage of production volume from domestic production, wherein:

a) The factors forming the base price, including tax costs for calculating the base price of oil products as prescribed in this Decree, are only applied to calculate the base price of oil products.

b) The percentage of production volume of oil products from domestic production and imports for calculating the base price is determined quarterly; the percentage of the previous quarter's production volume is applied to calculate the base price for subsequent price adjustment periods.

Quarterly, based on data provided by the Ministry of Finance regarding the import volume of oil products and reports from oil product traders on the domestic sales volume of oil products (from the 21st day of the month immediately preceding the first month of the quarter to the 20th day of the last month of the quarter), the agency responsible for managing oil product prices calculates and determines the percentage of production volume of oil products from domestic sources and imports for calculating the base price.

c) The import price of oil products is determined by adding the world price of oil products, transportation costs from abroad to Vietnam's ports, business cost ceiling, stabilization fund contribution rate, profit margin, and taxes (import tax, special consumption tax if applicable, environmental protection tax if applicable, value-added tax) and other fees and contributions as prescribed by current laws.

Where:

- The world price of oil products is determined by the Ministry of Industry and Trade according to the principle of averaging the number of days with prices between two base price announcement periods for oil products traded on international markets.

- Transportation costs from abroad to Vietnam's ports (including premium as a price adjustment factor in oil product import contracts, insurance costs, shipping costs, and other incidental costs if any) are determined by the Ministry of Finance using a weighted average method based on the import volume of oil products and announced for the Ministry of Industry and Trade to apply in the base price formula. The Ministry of Finance reviews and adjusts the transportation costs from abroad to Vietnam's ports every six months (except in cases of unusual fluctuations).

- Import tax costs are determined based on the weighted average import tax rate multiplied by (the world price of oil products plus transportation costs from abroad to Vietnam's ports) multiplied by the foreign exchange rate. The weighted average import tax rate is determined quarterly based on the import volume of oil products (during the period from the 21st day of the month immediately preceding the first month of the quarter to the 20th day of the last month of the quarter) and the weighted average import tax rate (%) of the previous quarter serves as the basis for calculating the base price of the next quarter. The foreign exchange rate is implemented according to Clause 9, Article 1 of Decree No. 59/2018/NĐ-CP dated April 20, 2018, and any amendments, supplements, or replacements (if any).

The weighted average import tax rate (%) is determined by the Ministry of Finance and announced for the Ministry of Industry and Trade to apply in calculating the import tax cost in the formula for determining the import price of oil products.

- Special consumption tax costs (if applicable) are determined based on the taxable price of special consumption tax multiplied by the special consumption tax rate, wherein the taxable price of special consumption tax is determined based on the factors forming the base price guided by the Ministry of Finance for the Ministry of Industry and Trade to calculate and apply in the base price formula. The special consumption tax rate is implemented according to the current laws on special consumption tax.

Environmental protection tax costs (if applicable), value-added tax, fees, and other contributions are implemented according to current laws.

- Business cost ceiling and profit margin are determined annually by the Ministry of Finance and announced for the Ministry of Industry and Trade to apply in the base price calculation formula for oil products.

- The stabilization fund contribution rate is implemented according to the announcement of the Ministry of Industry and Trade at the time of announcing the base price.

d) Domestic Production Price of Oil Products

The domestic production price of oil products includes various factors and is determined by adding the world price of oil products, premium (if applicable), transportation costs from domestic refineries to ports (if applicable), business cost ceiling, stabilization fund contribution rate, profit margin, and other tax, fee, and contribution costs as prescribed by current laws.

Where:

- Premium for calculating the domestic production price of oil products (if applicable) is a price adjustment factor in oil product purchase and sale contracts between oil product traders and oil product producers or enterprises assigned the exclusive right to purchase all oil products from refineries; it is determined using a weighted average method based on production volume. The premium included in the calculation of the domestic production price of oil products shall not exceed the world average price multiplied by the lowest preferential import tariff rate for oil products under international commitments (in cases where the lowest preferential import tariff rate for oil products is greater than 0%).

Premium and transportation costs from domestic refineries to ports (if applicable) are reviewed and adjusted every six months (except in cases of unusual fluctuations) by the Ministry of Finance and announced for the Ministry of Industry and Trade to apply in the base price formula.

Tax, fee, and other contribution costs are implemented according to current laws.

- Factors forming the price include the world price of oil products, special consumption tax costs (if applicable), business cost ceiling, profit margin, and stabilization fund contribution rate as prescribed in Point c, Clause 1 of this Article.

2. The base price of bio-fuel gasoline is determined by multiplying (x) the percentage volume ratio of unleaded gasoline (%) with {[(world gasoline price + cost to bring gasoline from abroad to Vietnam's ports + import tax cost on gasoline) multiplied (x) the production volume ratio of imported gasoline] plus [(world gasoline price + premium + cost to bring gasoline from domestic oil refineries to ports (if applicable)] multiplied (x) the production volume ratio of domestically produced gasoline} plus multiplying (x) the percentage volume ratio of fuel ethanol (%) with the fuel ethanol price plus business cost ceiling plus stabilization fund contribution rate plus profit ceiling plus other tax, fee, and other deduction rates as prescribed by current laws, wherein:

- The percentage volume ratio of unleaded gasoline and the percentage volume ratio of fuel ethanol applied to calculate the base price of bio-fuel gasoline according to this Decree is the highest blending ratio permitted by the competent authority for each type of bio-fuel gasoline; the actual blending ratio must be within the permissible limit set by the competent authority.

- The fuel ethanol price applied in the formula to calculate the base price of bio-fuel gasoline is determined by the Ministry of Finance and notified to the Ministry of Industry and Trade for application in the pricing formula.

- The factors forming the price include: world gasoline price, cost to bring gasoline from abroad to Vietnam's ports, premium to calculate the price of gasoline from domestic production sources, cost to bring gasoline from domestic oil refineries to ports (if applicable), import tax cost on gasoline, special consumption tax cost, business cost ceiling, stabilization fund contribution rate, profit ceiling implemented according to Clause 1, Point c of this Article.

3. Review and adjust the factors forming the base price.

a) On the 21st day of the last month of each quarter, the main traders producing gasoline and diesel have the responsibility to compile and report to the Ministry of Industry and Trade and the Ministry of Finance the detailed sales volume of gasoline and diesel by type from the 21st day of the previous month immediately preceding the first month of the quarter to the 20th day of the last month of the quarter.

b) On the 21st day of each month, the main traders trading gasoline and diesel have the responsibility to send reports on the domestic purchase price of ethanol, the imported ethanol price, the domestic purchase volume of ethanol, and the imported volume of ethanol to the Ministry of Finance and the Ministry of Industry and Trade.

c) Before the 21st day of June and December each year, the main traders trading gasoline and diesel have the responsibility to send reports on the cost to bring gasoline and diesel from abroad to Vietnam's ports; premium for domestic sources; cost to bring gasoline and diesel from domestic oil refineries to ports (if applicable) to the Ministry of Finance.

d) Before March 31 each year, the main traders trading gasoline and diesel have the responsibility to audit separately the business costs of gasoline and diesel and submit the report to the Ministry of Finance and the Ministry of Industry and Trade.

đ) In case the reporting date coincides with a public holiday, the submission of the report will be postponed to the next working day. The main traders bear full responsibility for the accuracy of the reported data.

e) Based on the reports from the main traders, the Ministry of Finance will consolidate, review, evaluate, and conduct field surveys (if necessary) to consider and decide on the cost to bring gasoline and diesel from abroad to Vietnam's ports, premium for domestic sources, cost to bring gasoline and diesel from domestic oil refineries to ports (if applicable), business cost ceiling, and notify the Ministry of Industry and Trade to apply in the base price formula.

4. The Ministry of Finance shall guide the method of determining the factors constituting the base price.”

29. Amend Clause 2 of Article 39 as follows:

“2. The Ministry of Industry and Trade has the responsibility to publish on its electronic information website: world prices of gasoline and diesel, base prices, managed prices of gasoline and diesel products; the time of application and the contribution and usage levels of the Stabilization Fund at each price management period; other measures (if any).

The Ministry of Finance and the Ministry of Industry and Trade have the responsibility to publish on their electronic information websites the quarterly balance of the Stabilization Fund for gasoline and diesel.”

30. Amend Point đ and add Point 1 to Clause 1; amend Points a, b of Clause 2; amend Point b and add Point e of Clause 3 of Article 40 as follows:

“1. The Ministry of Industry and Trade:

đ) Take the lead and coordinate with the Ministry of Finance to manage the selling price of gasoline and diesel, manage the contribution and usage of the Stabilization Fund. The contribution and usage level of the Stabilization Fund at the time of announcing the base price shall be implemented after reaching consensus with the Ministry of Finance. In case of disagreement, the Ministry of Industry and Trade shall make the decision and bear the responsibility; if necessary, report to the Prime Minister.

Take the lead and coordinate with the Ministry of Finance to inspect and supervise the main traders and distributors of gasoline and diesel to comply with the provisions of Article 38 of this Decree.”

“l) Guide the areas of remote regions allowed to operate and the capacity limits of small-scale fuel dispensing equipment in accordance with current regulations.”

“2. The Ministry of Finance:

a) Take the lead and coordinate with the Ministry of Industry and Trade to inspect and supervise the main traders trading gasoline and diesel to comply with the provisions of Article 37 of this Decree.

b) Guide the method of determining the factors constituting the base price; guide the methods of contribution, usage, and management of the Stabilization Fund; the scale of the Stabilization Fund for gasoline and diesel; inspect and supervise the main traders trading gasoline and diesel to comply with the provisions on contribution and usage of the Stabilization Fund.”

“3. The Ministry of Science and Technology

b) Take the lead and coordinate with relevant ministries and sectors to develop, revise, and supplement the national technical standards and regulations on measurement and quality of gasoline and diesel; complete the system of regulatory legal documents on measurement and quality for gasoline and diesel, uniformly implemented nationwide.

e) Take the lead and coordinate with relevant ministries and sectors to organize the implementation of measurement control for small-scale fuel dispensing equipment.”

31. Add Clause 5a of Article 40 as follows:

“5a. The Ministry of Public Security takes the lead and coordinates with relevant agencies to inspect, technically certify, and issue certificates of compliance with fire prevention and firefighting regulations for fuel dispensing equipment.”

32. Amend Clause 6 of Article 41 as follows:

"6. Based on the economic and social situation, the actual practice of gasoline and diesel retail business in Area 3 within mountainous and highland regions as prescribed by law, the People's Committee of the province or centrally governed city may permit fuel supply stations under armed forces (defense and police) to act as agents for retailing gasoline and diesel with appropriate scale and equipment suitable for the conditions of the gasoline and diesel retail business in that area; other conditions must comply with the provisions of this Decree and other relevant legal documents."

Article 2. Effective Date

1. This Decree takes effect from January 2, 2022.

2. The sixth clause of Article 9, the eighteenth clause of Article 9, the seventh clause of Article 15, the seventh clause of Article 18, Article 36, point e of Clause 1 and point c of Clause 2 of Article 40 of Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on the business of gasoline and diesel are hereby repealed.

Article 3. Transitional Provisions

1. Business entities engaged in the gasoline and diesel business who have been granted Export and Import Licenses for gasoline and diesel, Certificates of Qualification for Gasoline and Diesel Business, and Certificates of Retail Gasoline and Diesel Outlets meeting the Conditions shall continue their operations according to the conditions stipulated in Decree No. 83/2014/NĐ-CP until such licenses, certificates, and qualifications expire or there is a change in the conditions for the gasoline and diesel business.

2. For new applications for Export and Import Licenses for gasoline and diesel, Certificates of Qualification for Gasoline and Diesel Business, and Certificates of Retail Gasoline and Diesel Outlets submitted to competent authorities before the effective date of the Decree amending and supplementing Decree No. 83/2014/NĐ-CP, the conditions for the gasoline and diesel business shall be applied according to the provisions of Decree No. 83/2014/NĐ-CP. In cases where other applications for licenses, certificates, and qualifications are submitted, they shall be applied according to the provisions of the Decree amending and supplementing Decree No. 83/2014/NĐ-CP.

Article 4. Responsibilities for Implementation and Enforcement of the Decree

1. The Ministry of Industry and Trade and the Ministry of Finance shall coordinate with relevant ministries and sectors to provide guidance on the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees, and related organizations and individuals shall be responsible for implementing this Decree.

ANNEX

(Attached to Decree No. 95/2021/NĐ-CP dated November 1, 2021 of the Government)

^{_____________}

Model No. 1

APPLICATION FOR ISSUANCE/ISSUANCE OF SUPPLEMENTARY, AMENDMENT/REISSUANCE OF CERTIFICATE

OF QUALIFICATION FOR BEING A PRINCIPAL TRADER IN GASOLINE AND DIESEL BUSINESS

Respectfully submitted to: The Ministry of Industry and Trade.

Name of Enterprise: ...

Business name: …

Main Office Address:...

Phone number: …Fax number: …

Business Registration Certificate number... issued by... on... day... month... year...

Tax code: ...

We respectfully request the Ministry of Industry and Trade to consider and issue/supplementarily issue/amend/reissue the Certificate of Qualification for Being a Principal Trader in Gasoline and Diesel Business for the enterprise in accordance with Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on the business of gasoline and diesel; Decree No. .../2021/NĐ-CP dated... month... year... of the Government amending and supplementing certain articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014 on the business of gasoline and diesel.

The enterprise solemnly commits to strictly comply with the provisions of Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on the business of gasoline and diesel; Decree No. .../2021/NĐ-CP dated... month... year... of the Government amending and supplementing certain articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014 on the business of gasoline and diesel and other relevant legal documents and will fully bear responsibility under the law./.

ENTERPRISE DIRECTOR

(Signature and stamp)

* Enclosed documents include:

1. Copy of the Business Registration Certificate.

2. List of technical facilities, accompanied by supporting documents.

3. List of retail outlets selling gasoline and diesel owned or rented, list of general distributors of gasoline and diesel, retail distributors of gasoline and diesel, traders receiving rights within the distribution system of the trader, accompanied by supporting documents.

Form No. 2

CERTIFICATE OF QUALIFICATION FOR BEING A PRINCIPAL TRADER

IN GASOLINE AND DIESEL BUSINESS

First issuance: on... day... month... year...

Supplementary issuance, amendment: on... day... month... year...

Reissuance: on... day... month... year...

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to Decree No. .../.../NĐ-CP dated... day... month... year... of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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

Pursuant to Decree No. .../2021/NĐ-CP dated... day... month... year 2021 of the Government amending and supplementing certain articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014 on the business of gasoline and diesel;

Upon examination of the application for issuance/supplementary issuance, amendment/reissuance of the Certificate of Qualification for Being a Principal Trader in Gasoline and Diesel Business of... (1);

As proposed by... (2).

DECISION:

Article 1. Permission granted to... (1)

Business name: …

Main Office Address:...

Phone number: …Fax number: …

Business Registration Certificate number: ..., issued by... on... day... month... year...

Tax code: ...

Authorized to conduct export and import of gasoline and diesel.

Article 2 .................................. (1) must strictly comply with the provisions of Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on the business of gasoline and diesel; Decree No. .../2021/NĐ-CP dated... day... month... year... of the Government amending and supplementing certain articles of Decree No. 83/2014/NĐ-CP dated September 3, 2014 on the business of gasoline and diesel and other relevant legal provisions.

Article 3. This Certificate of Qualification for Being a Principal Trader in Gasoline and Diesel Business is valid until... day... month... year...; (3) replaces the Certificate of Qualification for Being a Principal Trader in Gasoline and Diesel Business number... day... month... year... issued by the Minister of Industry and Trade./.

Note:

(1) : Name of the enterprise granted the Certificate of Qualification.

(2) : Name of the unit submitting the application for the Certificate of Qualification.

(3) : Used in cases of supplementary issuance, amendment/reissuance/expiry of the Certificate of Qualification.

Model No. 3

APPLICATION FOR ISSUANCE/ISSUANCE OF SUPPLEMENTARY, AMENDMENT/REISSUANCE OF CERTIFICATE

CERTIFICATE OF RETAIL OUTLET MEETING THE CONDITIONS FOR GASOLINE AND DIESEL BUSINESS

Respectfully submitted to: Department of Industry and Trade of the province/city...

Name of Enterprise: ...

Business name: …

Main Office Address:...

Phone number: …Fax number: …

Certificate of Enterprise Registration number ... issued by ... on ... month ... year ...

Tax code: ...

Request the Department of Industry and Trade to consider issuing/reissuing, amending/reissuing the Certificate of Retail Gasoline Store Meeting Conditions for Retailing Gasoline for the retail gasoline store belonging to the enterprise as prescribed in Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on Trading in Gasoline; Decree No. .../2021/ND-CP dated ... month ... year 2021 of the Government amending and supplementing some articles of Decree No. 83/2014/ND-CP dated September 3, 2014 on Trading in Gasoline.

Name of the retail gasoline store: ...

Address ...

Telephone: ... Fax Number: ...

The enterprise solemnly commits to comply with all regulations stipulated in Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on Trading in Gasoline; Decree No. .../2021/ND-CP dated ... month ... year 2021 of the Government amending and supplementing some articles of Decree No. 83/2014/ND-CP dated September 3, 2014 on Trading in Gasoline, and other relevant legal documents, and fully assumes legal responsibility for its business activities./.

ENTERPRISE DIRECTOR

(Signature and stamp)

Enclosed documents include:

1. Copy of the Certificate of Enterprise Registration of the enterprise.

2. List of equipment of the retail gasoline store as prescribed and documents proving the legality of construction of the retail gasoline store.

3. Copy of certificates or equivalent documents regarding training qualifications of management staff and employees of the retail gasoline store.

4. Copy of the document confirming supply to gasoline stores by the supplier.

5. Copy of legal documents proving ownership or lease for a term of five years or more by the applicant for the Certificate of Retail Gasoline Store Meeting Conditions for Retailing Gasoline.

Sample No. 3a

ANNOUNCEMENT OF GASOLINE TRADING WITH SMALL SCALE DISPENSING EQUIPMENT

ON A SMALL SCALE

Respectfully submitted to: Department of Industry and Trade of Province/City …

Name of trader: …

Business name: …

Main Office Address:...

Phone number: …Fax number: …

Certificate of Business Registration number ... issued by ... on ... month ... year …

Tax code: ...

Request the Department of Industry and Trade to consider issuing/amending information on the Certificate of Notification of Gasoline Trading with Small Scale Dispensing Equipment as prescribed in Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on Trading in Gasoline; Decree No. .../2021/ND-CP dated ... month ... year 2021 of the Government amending and supplementing some articles of Decree No. 83/2014/ND-CP dated September 3, 2014 on Trading in Gasoline.

Name of store: …

Business address …

The enterprise solemnly commits to comply with all regulations stipulated in Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on Trading in Gasoline; Decree No. .../2021/ND-CP dated ... month ... year 2021 of the Government amending and supplementing some articles of Decree No. 83/2014/ND-CP dated September 3, 2014 on Trading in Gasoline, and other relevant legal documents, and fully assumes legal responsibility for its business activities./.

DIRECTOR

(Signature and stamp)

Enclosed documents include:

1. Copy of the Confirmation of Trader Status for Gasoline Trading according to the corresponding types as prescribed.

2. Copy of the Training Certificate for fire prevention and firefighting of direct sales personnel.

3. Copy of the Certificate of Inspection of Small Scale Gasoline Dispensing Equipment.

Form No. 4a

CERTIFICATE OF RECEIPT OF NOTIFICATION OF GASOLINE TRADING

WITH SMALL SCALE DISPENSING EQUIPMENT

(Name of receiving authority) confirms receipt of the Certificate of Receipt of Notification of Gasoline Trading with Small Scale Dispensing Equipment from:

Address of headquarters: …

NAME OF ENTERPRISE ⁽¹⁾: .........................................................................................

Telephone: ... Fax …

Business address: …

Name of store: …

This Certificate of Receipt only records the commitment of the gasoline trader. The gasoline trader is responsible for implementing regular inspection and testing regimes as prescribed and must fully assume responsibility for the contents committed in the Application for Issuance/Amendment of Information on the Certificate of Receipt of Notification of Gasoline Trading with Small Scale Dispensing Equipment.

- Ministry of Industry and Trade (s/c);

Note:

(2) : Names of related organizations and individuals.

(2) : Names of related organizations and individuals.