THE MINISTRY OF INDUSTRY AND TRADE | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 19/VBHN-BCT | Hanoi, March 13, 2020 |
DECREE
ON GAS BUSINESS
Government’s Decree No. 87/2018/ND-CP dated June 15, 2018 on gas business, coming into force as of August 1, 2018, amended by:
Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, coming into force as of March 22, 2020.
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Commerce dated June 14, 2005;
Pursuant to the Law on Quality of Products and Goods dated November 21, 2007;
Pursuant to the Law on Prices dated June 20, 2012;
Pursuant to the Law on Investment dated November 26, 2014;
At the request of the Minster of Industry and Trade;[1]
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for gas business and requirements for gas trading in Vietnam.
Article 2. Regulated entities
1. Traders prescribed in the Law on Commerce
2. Other organizations and individuals engaged in gas business
Article 3. Definition
For the purpose of this Decree, the terms below shall be construed as follows:
1. Gas herein refers to liquefied petroleum gas, liquefied natural gas and compressed natural gas.
2. Liquefied petroleum gas (hereinafter referred to as “LPG”) means a mixture of hydrocarbon gases derived from petroleum containing two major compositions called propane (C3H8) or butane (C4H10) or the mixture of both propane and butane. At the normal temperature and pressure, LPG presents in a vapor form but may turn into liquid at a limited temperature and pressure.
3. Liquefied natural gas (hereinafter referred to as “LNG”) means a liquid hydrocarbon product derived from natural gases, mainly containing methane (CH4) and presents in a vapor form at the normal temperature and pressure but may turn into liquid at a limited temperature and pressure.
4. Compressed natural gas (hereinafter referred to as “CNG”) means a vapor hydrocarbon product made by compressing natural gases at a high pressure (from 200 to 250 bars) that mainly contains methane (CH4).
5. Gas business means the continual performance of at least one of the following activities: gas producing, processing, export, import, trading, filling, distribution; gases for temporary import for re-export; lease of tanks or cylinders, LPG cylinder storage, wharves; delivery or transport of gases for the purpose of making profits.
6. Gas producing and processing means a process in which associated gases and natural gases are treated and converted into gas products.
7. Gas blending means a process of mixing gases and semi-finished gas products with additives and other preparations for making gas products.
8. Gas filling plant means any plant using dedicated equipments and instruments to fill vehicles; tank trucks or LPG cylinders with gas.
9. Gas distribution plant means any plant using dedicated equipments and instruments to distribute gases to its customers through gas pipeline from stationary gas tanks or a system of LPG cylinders.
10. LPG cylinder means any high-pressure gas cylinder that is made in accordance with national technical regulations for storing LPG and refillable, known as the standard gas cylinder.
11. LPG in cylinders means LPG of a certain volume already put into standard cylinders.
12. Mini LPG cylinder means any high-pressure gas cylinder that is made in accordance with national technical regulations for storing LPG with the maximum capacity of 1.000 milliliters per cylinder.
13. LPG cylinder owner means any trader engaged in LPG business that is entitled to own, use and dispose of LPG cylinders in accordance with provisions of laws.
14. LPG cylinder retail outlet means any outlet that sell types of LPG in cylinders and LPG appliances and fittings to customers.
15. LPG appliances and fittings include LPG cookers, LPG tubes, LPG cylinder valves and LPG pressure regulators.
16. Gas business facilities include gas producers/processing plants; gas importers/exporters; gas sellers/purchasers, traders engaged in lease of ports for gas import and export, tanks, LPG cylinder storage and vehicles transporting gases; filling and distribution plants; LPG cylinder retail outlets; LPG cylinder producers/repairers or mini LPG cylinder producers.
17. LPG cylinder storage means any place used for storing LPG in cylinders with total LPG cylinders in stock weighing at least 70 kilograms.
18. CNG compressing plant means any plant using dedicated compressors to compress CNG into CNG tanks.
19. A copy means a photo of the original or typewritten document containing full and accurate contents stated in the original one.
Article 4. Application of international agreements and relevant law provisions
Traders engaged in gas business in Vietnam have to comply with both regulations hereof and other relevant provisions of laws; if any difference between provisions of international agreements and regulations hereof is found, provisions of international agreements will prevail.
Article 5. Management of gas measurement and gas quality
1. Traders may only import, circulate and consume gases of which quality is consistent with national technical regulations and applicable standard.
2. Traders engaged in gas business must comply with regulations on management of gas measurement and gas quality during gas business.
3. With regard to gases not subject to any national technical regulations, gas importers; gas producers/processing plants must assure the gas quality is consistent with applicable standards such as facility standards, national standards or international standards.
4. Blended gas products must meet the quality standard declared by the trader.
Chapter II
GAS BUSINESS
Section 1. GAS BUSINESS REQUIREMENTS
Article 6. Requirements applied to gas importers/exporters
1. Every gas importer or exporter must:
a) be an enterprise founded in accordance with provisions of laws;
b) own wharves or enter into a contract for leasing wharves of Vietnam port system for at least 5 years which have been permitted to be put in use by competent authorities.
c) own gas tanks or enter into a contract of gas tank lease which meets all safety regulations;
d) satisfy all requirements for fire safety in accordance with provisions of laws;
dd) own LPG cylinders or enter into a contract of leasing LPG cylinders eligible to be put on the market (applied to LPG in cylinders importers and exporters)
2. [2] Gas importers/exporters using gas pipelines must not only meet all requirements prescribed in point a, b and c in clause 1 in this Article but also own gas pipelines and gas distribution plants which satisfy all safety requirements in accordance with provisions of laws.
Article 7. Requirements applied to gas producers/processing plants
1. Every gas producer/processing plant must:
a) be an enterprise founded in accordance with provisions of laws;
b) own a producing or processing facility that is permitted to be constructed by competent authorities;
c) have production or processing line, machines and equipments tested as regulated;
d) own a laboratory for testing gas quality or enter into a contract of leasing such laboratory for at least 1 year with any trader or organization eligible for quality testing in accordance with national technical regulations;
dd) satisfy all requirements for fire safety in accordance with provisions of laws;
2. LNG producer/processing plant must not only meet all requirements prescribed in clause 1 in this Article but also own a LNG pumping and filling system to transport LNG or a liquefaction system to distribute to customers.
3. CNG producer/processing plant must not only comply with regulations prescribed in clause 1 in this Article but also own a CNG compressing plant.
Article 8. Requirements applied to gas sellers/purchasers
1. Every gas seller or purchaser must:
a) be a trader in accordance with provisions of laws;
b) [3] own gas tanks meeting safety requirements or LPG cylinders eligible for circulation on the market or enter into a contract of tank or LPG cylinder lease;
c) satisfy all requirements for fire safety in accordance with provisions of laws;
2. [4] Gas sellers/purchasers using gas pipelines must not only meet all requirements prescribed in point a, b and c in clause 1 in this Article but also own gas pipelines and gas distribution plants which satisfy all conditions for safety, fire safety in accordance with provisions of laws.
3. LNG sellers/purchasers must not only meet all requirements prescribed in clause 1 in this Article but also own a LNG distribution plant or LNG filling plant which satisfies all requirements for safety, fire safety in accordance with provisions of laws.
4. CNG sellers/purchasers must not only meet all requirements prescribed in point a and c in clause 1 in this Article but also own CNG tank trucks, a CNG compressing plant or CNG filling plant which satisfies all requirements for safety, fire safety in accordance with provisions of laws.
Article 9. Gas blending
1. Gas producers/processing plants as well as gas importers/exporters may blend gases at their producing or processing facilities or gas s.
2. Gas blending traders must own a laboratory for testing gas quality or enter into a contract of leasing such laboratory for at least 1 year with any trader or organization eligible for quality testing in accordance with national technical regulations;
3. Any gas blending trader must a make a registration of blending facility with the Ministry of Science and Technology in accordance with laws in force.
Article 10. Requirements applied to LPG cylinder retail outlets
Every LPG cylinder retail store must:
1. be a trader in accordance with provisions of laws;
2. enter into of a LPG in cylinders sales contract for at least 1 year with another trader having a Certificate of Eligibility which remains unexpired in accordance with regulations herein, except for the case in which the retail store is owned by such trader.
3. satisfy all requirements for fire safety in accordance with provisions of laws;
Article 11. Requirements applied to LPG cylinder filling plants, LPG filling plants for tank trucks and LPG/LNG/CNG filling plants for vehicles
1. The plant must be owned by the trader in accordance with provisions of laws.
2. The plant must be permitted to be constructed by competent authorities.
3. satisfy all requirements for fire safety in accordance with provisions of laws;
Article 12. Requirements applied to LPG/LNG/CNG distribution plants
1. The plant must be owned by the trader in accordance with provisions of laws.
2. The plant must be permitted to be constructed by competent authorities.
3. satisfy all requirements for fire safety in accordance with provisions of laws;
Article 13. Requirements applied to CNG compressing plants
1. A CNG compressing plant must be owned by a trader in accordance with provisions of laws.
2. Such plant must be permitted to be constructed by competent authorities.
3. satisfy all requirements for fire safety in accordance with provisions of laws;
Article 14. Requirements applied to LPG cylinder producers/repairers
Every LPG cylinder producer/repairer must:
1. be a trader in accordance with provisions of laws;
2. issue all regulations on safety, production and repair process as well as product quality testing process.
3. have their equipments tested meeting the safety requirement and have the quality of finished LPG cylinder products or repaired LPG cylinders tested, including:
a) pressure testing system which can produce a pressure of at least 3 megapascal (MPa);
b) leak testing system;
c) non-destructive testing system;
d) system of testing mechanical properties of bottle materials;
dd) weight measurement equipment;
e) torque measurement equipment;
g) explosion testing equipment;
h) volume expansion testing equipment
4. satisfy all requirements for fire safety in accordance with provisions of laws;
Article 15. Requirements for manufacturing mini LPG cylinders
Every trader producing mini LPG cylinders must:
1. be a trader in accordance with provisions of laws;
2. issue all regulations on safety, production process as well as product quality testing process.
3. own production line, machines, equipment and materials and equipments in accordance with national technical regulations
4. own testing equipments meeting the requirement for safe testing of mini LPG cylinders as regulated
5. satisfy all requirements for fire safety in accordance with provisions of laws;
Article 16. Requirements for circulation of LPG cylinders, LPG in cylinders and mini LPG cylinders
1. Every LPG cylinder circulating on the marker must:
a) undergo safety techniques inspection and must be certified to be conformed to provisions of laws
b) meet all safety requirements prescribed in national technical regulations and undergo periodical inspection as regulated;
c) have its dossier and origin provided by the producer as regulated
2. Every LPG in cylinders or mini LPG cylinder circulating on the market must:
a) meet all requirements prescribed in clause 1 in this Article;
b) have weight and quality in consistent with that presented in the label conformable to and quality standard declared by the trader and must be sealed as regulated
Article 17. Requirements for leasing ports for gas import and export
Every trader leasing ports for gas import and export must:
1. own wharves of Vietnam port system that is permitted to be put in use by competent authorities
2. own wharves included in the planning approved by competent authorities
3. satisfy all requirements for fire safety in accordance with provisions of laws;
Article 18. Requirements for leasing tanks and LPG cylinder storage
1. Every trader leasing gas tanks must own gas tanks that meet all requirements for safety, fire safety prescribed in this Decree and relevant law provisions.
2. Every trader leasing LPG cylinder storage must own LPG cylinder storage that meet all requirements for safety, fire safety prescribed in this Decree and relevant law provisions.
Article 19. Requirements for gas transport service
Every trader transporting gases must:
1. be a trader in accordance with provisions of laws;
2. own means of transport that is permitted to transport dangerous cargo in accordance with provisions of laws.
Section 2. RIGHTS AND OBLIGATIONS OF TRADERS
Article 20. Rights and obligations of LPG/LNG/CNG importers and exporters
Every LPG/LNG/CNG importer and exporter shall:
1. be entitled to import and export such gases depending on their business methods and guarantee the quality of imported or exported LPG/LNG/CNG as regulated.
2. be entitled to authorize in writing the branch or subsidiary to sell LPG/LNG/CNG in free-trade zones
3. be entitled to sell or purchase LPG/LNG/CNG and LPG in cylinders under the contract with traders having a Certificate of Eligibility that remains unexpired and with industrial customers
4. stipulate the selling price of LPG/LNG/CNG and LPG in cylinders offered to traders under their management
5. provide services of leasing s, ports for import and export as well as means of transport carrying LPG/LNG/CNG.
6. constitute a system of gas distribution in accordance with provisions of the Commercial Law
7. inspect and supervise the distribution system under management in accordance with regulations herein.
8. jointly take responsibility for violations of the distribution system under management during the gas business in accordance with provisions of laws.
9. manage the number of LPG cylinders owned.
10. retail LPG and LPG in cylinders through the distribution system under management or sell directly to customers and quote the retail price.
11. have their LPG cylinders, LPG /LNG/CNG tanks; LPG appliances and fittings; LNG/CNG trading auxiliary equipments owned tested.
12. inspect the quality, maintain and renew LPG cylinders, LPG/LNG/CNG auxiliary equipments for safe use of customers.
13. develop, apply and maintain the gas quality management system,
14. give a written notice to entities in the distribution system and the Department of Industry and Trade, Department of Finance of the locality in which such distribution system is set when there is a change in LPG selling price.
15. comply with provisions of the law on goods label registration.
16. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
17. publish standards applied to gas products imported themselves. For the case in which the importer and exporter blend gases using additives, they must notify the Ministry of Science and Technology the additive standard and make assure the additives quality will not pose any risk to human, animals, plants, environments or gas quality.
18. Send a report of distribution system, goods label, gas export, import and trading activities to the Ministry of Industry and Trade before March 30 each year.
19. make a following-up book or develop an electronic data system applying information technology to follow up LPG in cylinders sold to other LPG traders or customers. Such following-up book or electronic data system must specify the following information on LPG in cylinders: the owner, bottled type, series number, testing expiry, name and address of the purchaser and delivery date.
Article 21. Rights and obligations of LPG/LNG/CNG producers/processing plants
Every LPG/LNG/CNG producer/processing plant shall:
1. have rights and obligations prescribed in clause 3 through 16 in Article 20 hereof.
2. directly export or import gases or authorize their branch or subsidiary to import and export gases if such branch or subsidiary are eligible for gas import and export as prescribed in Article 6 of hereof.
3. inspect gas products to make sure their quality meeting regulations on quality and measurement standards as regulated by laws before initially circulating such products on the market.
4. publish the standard applied to gas products created, processed or blended themselves. If using additives in gas producing, processing or blending, the trader must notify the Ministry of Science and Technology the additive standard and make assure the additives quality will not pose any risk to human, animals, plants, environments or gas quality.
5. regularly check the technique safety of machines, equipments or technology line to timely discover and handle safety risks during gas producing and processing.
Article 22. Rights and obligations to gas sellers/purchasers
Every gas seller and purchaser shall:
1. have rights and obligations prescribed in clause 3 through 16 in Article 20 hereof.
2. make invoices and documents in accordance with regulations issued by the Ministry of Finance.
3. enter into the sales/purchase contract with gas importers or exporters or other gas sellers/purchasers having a Certificate of Eligibility that remains unexpired or gas producers/processing plants.
4. send a report of distribution system, goods label, gas export, import and trading activities to the Department of Industry and Trade of the locality in which their head office is located before December 15 each year.
5. make a following-up book or develop an electronic data system applying information technology to follow up LPG in cylinders sold to other LPG traders or customers. Such following-up book or electronic data system must specify the following information on LPG in cylinders: the owner, bottled type, series number, testing expiry, name and address of the purchaser and delivery date.
Article 23. Rights and obligations of LPG cylinder filling plant owners
Every LPG cylinder filling plant owner shall:
1. only fill LPG cylinders eligible to be put on the market and must not fill the LPG cylinders that are not eligible for circulation.
2. fill LPG cylinders meeting requirements prescribed in clause 1 in this Article owned by other traders having a Certificate of Eligibility that remains unexpired under the signed contract.
3. request traders who employ others to fill their LPG cylinders to present the Certificate of Eligibility and certificate of label registration. not fill or store LPG cylinders of traders without a Certificate of Eligibility, Certificate of label registration and not entering into the contract for LPG cylinder filling.
4. ensure the LPG weight limit is pumped into cylinders and LPG quality is consistent with that stated in the label, conformable to national technical regulations and quality standard declared by traders producing, processing, exporting or importing LPG in accordance with provisions of laws.
5. own a LPG cylinder storage meeting regulations on safety, fire safety as prescribed in this Decree and relevant law provisions.
6. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
7. offer periodical training courses in safety technique for employees working at the filling plant as regulated.
8. regularly check, maintain and renew equipments of the bottling plant to ensure the safety during the operation.
9. make a following-up book or develop a electronic data system applying information technology in management of bottling LPG at the plant. Such following-up book or electronic data system must specify the following information about LPG in cylinders: the owner, bottle type, quantity, series number, testing expiry, date of bottling and date of delivering cylinders to the trader entering a contract for LPG cylinder filling.
10. develop, apply and maintain the gas quality management system.
Article 24. Rights and obligations of owners of LPG filling plants for vehicles
Every owner of LPG filling plant for vehicles shall:
1. ensure the nameplate and logo of their plant are conformable with provisions of laws.
2. be entitled to jointly contribute capital to establish LPG filing plants for vehicles with petroleum shops having a Certificate of Eligibility for petroleum business in forms of joint-venture of partnership.
3. only sell LPG that is conformable with quality regulations; not purchase LPG with unknown origin or LPG that is illegally imported for re-selling.
4. only fill LPG in vehicles running on LPG.
5. quote the selling price and apply such fixed price in sales; be responsible for the weight, quality and price of LPG sold to customers. ensure the LPG quality is conformable with that presented in the label and consistent with national technical regulations and the standard declared in accordance with provisions of the law on product quality and other relevant documents.
6. ensure the accuracy of measurement equipments and regularly check the LPG filling equipments and safety conditions during the operation.
7. develop, apply and maintain the gas quality management system.
8. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
9. couple the filling post to a flexible hose for filling vehicle with LPG.
Article 25. Rights and obligations of owners of LPG filling plant for tank trucks
Every owner of LPG filling plant for tank trucks shall:
1. fill LPG in tank trucks under a contract with other traders having a Certificated of Eligibility that remains unexpired.
2. only fill tank trucks with LPG that is conformable with quality regulations; not purchase LPG with unknown origin or LPG that is illegally imported for re-selling.
3. not pump LPG into vehicles.
4. quote the selling price and apply such fixed price in sales; be responsible for the weight, quality and price of LPG sold to customers.
5. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
6. offer periodical training courses in safety technique for employees working at the filling plant as regulated.
7. regularly check, maintain and renew equipments of the bottling plant to ensure the safety during the operation.
8. develop, apply and maintain the gas quality management system.
Article 26. Rights and obligations LPG distribution plant owners
Every LPG distribution plant owner shall:
1. only sell LPG to customers entering into a LPG sales contract and satisfy all regulations on LPG using safety, fire safety.
2. sell LPG at the price quoted and ensure the LPG volume sold is consistent with that stipulated in the signed contract and LPG quality is conformable with its label, national technical regulations and the standard declared in accordance of provisions of the law on product quality and other relevant documents.
3. suspend the LPG selling or terminate the LPG sales contract before its expiration date if customers disobey regulations on LPG safety, fire safety or replace or install LPG auxiliary equipment without consent of the owner.
4. send technicians to install LPG equipments when required by customers.
5. regularly check the safety conditions, measurement instruments or equipments, fire alarm, tightness of valve, safety valve, LPG appliances and fittings; coupling, LPG pipelines; timely discover and handle fire risks that cause safety hazard for customers using LPG.
6. provide customers with instructions of safety for LPG use in which the telephone number of LPG distribution plant, manager of the plant is clearly specified.
7. notify customers when adjusting the selling price of LPG.
8. only sell LPG to dedicated vehicles eligible for LPG as regulated or sell LPG through the pipelines under the contract and must not bottle LPG.
9. develop, apply and maintain the gas quality management system.
10. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
Article 27. Rights and obligations of owners of LNG filling plants for vehicles
Every owner of LNG filling plant for vehicles shall:
1. ensure the nameplate and logo of their plant are conformable with provisions of laws.
2. be entitled to jointly contribute capital to establish LNG filing plants for vehicles with petroleum shops having a Certificate of Eligibility for petroleum business in forms of joint-venture of partnership.
3. only sell LNG that is consistent with quality regulations; not purchase LNG with unknown origin.
4. only fill vehicles with LNG if they run on LNG.
5. quote the selling price and apply such fixed price in sales; be responsible for the weight, quality and price of LNG sold to customers. ensure the LNG quality is conformable with that presented in the label and consistent with national technical regulations and the standard declared by LNG producer, processing plants, importer or exporters in accordance with provisions of the law on product and goods quality and other relevant documents.
6. ensure the measurement equipments are tested and calibrated in accordance of provisions of the laws on measurement; regularly check LNG filling equipments and safety conditions during the business.
7. develop, apply and maintain the gas quality management system.
8. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
Article 28. Rights and obligations LNG distribution plant owners
Every LNG distribution plant owner shall:
1. only sell LNG to customers entering into LNG sales contracts and meeting all regulations on LNG safety, fire safety; sell LNG at the price quoted with LPG volume as agreed in the signed contract and ensure LNG quality is consistent with its label, national technical regulations and the standard declared by LNG producers, processing plants, importers or exporters in accordance with provisions of the law on product and goods quality and other relevant documents.
2. suspend the LNG selling or terminate the LNG sales contract before its expiration date if customers disobey regulations on LNG safety, fire safety or replace or install LNG auxiliary equipment without consent of the owner.
3. send technicians to install or replace LNG equipments when required by customers.
4. regularly check the safety conditions, measurement instruments or equipments, fire alarm, tightness of valve, safety valve, LNG auxiliary equipments; coupling, LNG pipelines; timely discover and handle fire risks that cause safety hazard for customer using LNG.
5. provide customers with an instruction of safety for LNG use in which the telephone number of LNG distribution plant, manager of the plant is clearly specified.
6. only sell LNG through pipelines under a contract; not distribute LNG to any customer or any other LNG trader.
7. develop, apply and maintain the gas quality management system.
8. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
Article 29. Rights and obligations of owners of CNG filling plants for vehicles
Every owner of CNG filling plant for vehicles shall:
1. put on the nameplate and logo of their plant and ensure such nameplate provides sufficient information as regulated.
2. be entitled to jointly contribute capital to establish CNG filing plants for vehicles with petroleum shops having a Certificate of Eligibility for petroleum business in forms of joint-venture of partnership.
3. only sell CNG that is consistent with quality regulations; not purchase LNG with unknown origin.
4. only fill vehicles with CNG if they run on CNG.
5. quote the selling price and apply such fixed price in sales; be responsible for the weight, quality and price of CNG sold to customers. ensure the CNG quality is conformable with that presented in the label and consistent with national technical regulations and the standard declared by CNG producers, processing plants, importers or exporters in accordance with provisions of the law on product and goods quality and other relevant documents.
6. ensure the measurement equipments are tested and calibrated in accordance of provisions of the laws on measurement; regularly check CNG filling equipments and safety conditions during the business.
7. develop, apply and maintain the gas quality management system.
8. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
Article 30. Rights and obligations CNG distribution plant owners
Every CNG distribution plant owner shall:
1. only sell CNG to customers entering into CNG sales contracts and meeting all regulations on CNG safety, fire safety; sell CNG at the price quoted with the volume as agreed in the signed contract and ensure its quality is consistent with that presented in the label and conformable to national technical regulations and the standard declared in accordance with provisions of the law on product and goods quality and other relevant documents as well as take responsibility for the quantity, quality and price of CNG sold to customers.
2. suspend the CNG selling or terminate the CNG sales contract before its expiration date if customers disobey regulations on CNG safety, fire safety or replace or install CNG auxiliary equipment without consent of the owner.
3. send technicians to install or replace CNG equipments when required by customers.
4. regularly check the safety conditions, measurement instruments or equipments, fire alarm, tightness of valve, safety valve, CNG auxiliary equipments; coupling, CNG pipelines; timely discover and handle fire risks that cause safety hazard for customers using CNG.
5. provide customers with an instruction of safety for CNG use in which the telephone number of CNG distribution plant, manager of the plant is clearly specified.
6. only sell CNG through pipelines under a contract; not distribute CNG to any customer or any other LNG trader.
7. develop, apply and maintain the gas quality management system.
8. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
Article 31. Rights and obligations CNG compressing plant owners
Every CNG compressing plant owner shall:
1. not purchase CNG with unknown origin or CNG that is illegally imported for re-selling.
2. be responsible for the volume and quality of CNG sold to customers.
3. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
4. offer periodical training courses in safety technique for employees working at the filling plant as regulated.
5. regularly inspect, maintain and renew equipments of the compressing plant for safety assurance during the operation.
6. develop, apply and maintain the gas quality management system.
Article 32. Rights and obligations of LPG cylinder retail outlets
Every outlet selling LPG in cylinders shall:
1. not purchase or sell LPG in cylinders and LPG cylinders with unknown origin and not eligible to be put on the market or not consistent with those agreed in the signed contract.
2. select and put on nameplate and logo of the trader entering into the LPG in cylinders sales contract.
3. only sell LPG in cylinders of traders having a Certificate of Eligibility that remains unexpired under the signed contract within its validity period; not sell Mini LPG in cylinders that fails to meet the safety regulation.
4. not seize LPG cylinders of other LPG traders not entering into the signed contract.
5. quote the selling price and apply such fixed price in sales; be responsible for the volume, quality and price of LPG cylinders sold to customers.
6. make invoices and documents in accordance with regulations issued by the Ministry of Finance.
7. comply with regulations on safety, fire safety prescribed in this Decree and relevant law provisions.
8. ensure LPG cylinders sold to customers must remain unopened and their quality, volume and labels are consistent with those registered.
9. check the tightness of valves, couplings and flexible hoses after installing or replacing LPG cylinders in the presence of customers and sign the delivery minutes.
10. only replace or provide customers with dedicated LPG fittings that is consistent with safety regulation or flexible hoses that are protective against rodent invasion.
11. provide guiding documents and directly give instructions about essential information on safe use of LPG, preventative methods, steps to deal with LPG leakage; procedures for using gas cooker, cylinders and fittings to customers purchased their gas cookers and LPG cylinders. notify customers the following information:
a) Information about the LPG cylinders such as their origin, sealing specification, label, volume and testing period;
b) Stop using LPG cylinders and immediately inform the LPG outlet for timely settlement when discovering such LPG cylinders are no safe for use or could cause fire or explosion (the LPG smell is spread out due to the non-tightness of LPG valves or fittings).
c) Inform the outlet for recollecting when no longer requiring LPG cylinders or using LPG cylinders of other traders
12. make a following-up book or develop a electronic data system applying information technology to manage the LPG cylinders sold. Such following-up book or electronic data system must specify the following information on the cylinders: the owner, bottle type, series number, testing expiry, import date and place, name and address of the customer and delivery date.
13. ensure the outlet's owner and employees have completed a training course in safe techniques, fire safety as regulated.
14. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
Article 33. Rights and obligations of traders leasing ports for gas import and export, gas tanks and LPG cylinder storage
Every trader leasing ports for gas import and export, gas tanks and LPG cylinder storage shall:
1. only entering contracts for leasing ports for gas import and export, gas tanks and LPG cylinder storage which meet requirements for safety, fire safety prescribed in this Decree and relevant law provisions.
2. fulfill all commitments as agreed in the signed contract and take responsibility for the gas volume and quality as well as ensure safety conditions when storing gases in tanks or in LPG cylinder storage.
3. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
Article 34. Rights and obligations of traders providing gas transport service
Every trader transporting gases shall:
1. only transport gases under the contract with the trader having a Certificate of Eligibility that remains unexpired and fulfill all commitments agreed in such contract.
2. not transport gases with unknown origin or unqualified gases; LPG in cylinders not eligible to be put on the market; not purchase, sell or transport LPG cylinders and LPG in cylinders of other traders not entering the signed contract.
3. be entitled to hire means of transport meeting the regulation in force and permitted to be put in use in accordance with provisions of laws.
4. comply with regulations herein and other laws concerning transport safety and take responsibility for gas volume and quality during the transport and delivery.
5. purchase insurance for such means of transport as regulated and insurance for goods after gaining the consent of goods' owner.
6. undergo inspection and supervisory by the trader purchasing transport service and competent authorities.
7. The driver, escort and keeper must be trained in safe techniques as regulated.
8. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
Article 35. Rights and obligations of LPG cylinder producers/repairers; mini LPG cylinder producers
Every LPG cylinder producer/repairer; mini LPG cylinder producer shall:
1. produce and repair LPG cylinders or Mini as prescribed in national technical regulations.
2. announce conformity of LPG cylinders and mini LPG cylinders that are conformable with national technical regulations.
3. make a dossier of LPG cylinders and mini LPG cylinders in accordance with provisions of laws.
4. develop, apply and maintain the gas quality management system to ensure the product quality is consistent with applicable technical regulations.
5. not put cylinders with same series number on the market.
6. not repair LPG cylinders without origin and not repair mini LPG cylinders.
7. comply with all regulations on safety, fire safety, management of measurement and quality in gas business prescribed in this Decree and relevant law provisions.
Chapter III
APPLICATION, ORDER AND AUTHORITY REGARDING ISSUANCE OF CERTIFICATE OF ELIGIBILITY
Article 36. Types of Certificate of Eligibility
1. Certificate of Eligibility for LPG/LNG/CNG importer/exporter
2. Certificate of Eligibility for LPG/LNG/CNG seller/purchaser
3. Certificate of Eligibility for LPG cylinder retail outlet
4. Certificate of Eligibility for producing and repairing LPG cylinders
5. Certificate of Eligibility for producing mini LPG cylinders
6. Certificate of Eligibility for LPG cylinder filling plant
7. Certificate of Eligibility for LPG filling plant for tank trucks
8. Certificate of Eligibility for LPG/LNG/CNG filling plant for vehicles
Article 37. Application for Certificate of Eligibility for LPG/LNG/CNG importer/exporter
1. An application form for Certificate of Eligibility for LPG/LNG/CNG importer/exporter according to Form No.1 provided in Appendix issued thereto.
2. A copy of certificate of enterprise registration
3. Documents proving the ownership of wharves or a contract for leasing wharves in the Vietnam port system that are permitted to be put in use by competent authorities
4. A copy of certificate of technical verification of labor safety for tanks
5. Documents proving the compliance with requirements for fire preventing and extinguishing
6. LPG in cylinders importers/exporters are required to submit the following additional documents apart from documents prescribed in clause 2, 3, 4 and 5 in this Article:
a) A copy of Certificate of Verification for LPG cylinders that remains unexpired;
b) A copy of Certificate of Conformity for LPG cylinders;
7. Traders importing or exporting gases through pipelines not only have to submit documents prescribed in clause 2, 3, 4 and 5 in this Article but they must also submit documents proving that they own a pipeline system or enter into a contract for leasing gas pipelines; a copy of Certificate of Verification for pipelines that remains unexpired and documents proving that they also have a gas distribution plant meeting all regulations on safety, fire preventing and extinguishing prescribed in this Decree and relevant law provisions.
Article 38. Application for Certificate of Eligibility for LPG/LNG/CNG seller/purchaser
1. An application form for Certificate of Eligibility for LPG/LNG/CNG seller/purchaser according to Form No.3 provided in Appendix issued thereto.
2. A copy of certificate of registration of enterprise/cooperatives/business household
3. A copy of certificate of technical verification of labor safety for tanks
4. Documents proving the compliance with requirements for fire preventing and extinguishing
5. [5] LPG in cylinders sellers/purchasers are required to submit the following additional documents apart from documents prescribed in clause 2, 3, and 5 in this Article:
a) A copy of Certificate of Verification for LPG cylinders that remains unexpired;
b) A copy of Certificate of Conformity for LPG cylinders;
6. Traders selling or purchasing gases through pipelines not only have to submit documents prescribed in clause 2, 3 and 4 in this Article but they must also submit documents proving that they own a pipeline for gas transport or enter into a contract for leasing such pipelines; a copy of Certificate of Verification for pipelines that remains unexpired and documents proving that they also have a gas distribution plant meeting all regulations on safety, fire preventing and extinguishing prescribed in this Decree and relevant law provisions.
7. [6] LNG sellers/purchasers not only have to submit documents prescribed in clause 2, 3 and 4 in this Article but must also provide additional documents proving that they own a LNG distribution plant or LNG filling plant for vehicles which satisfies all requirements for safety, fire safety in accordance with regulation herein and provisions of laws.
8. CNG sellers/purchasers are required to submit the following additional documents apart from documents prescribed in clause 2 and 4 in this Article:
a) Documents proving that they own CNG tank trucks with unexpired certificate of verification;
b) Documents proving that they have a CNG distribution plant or a CNG filing plant for vehicles that meets regulations on safety, fire preventing and extinguishing in accordance with this Decree and relevant law provisions;
c) Documents proving that they have a CNG compressing plant meeting requirements for safety, fire preventing and extinguishing in accordance with regulations herein and relevant law provisions.
Article 39. Application for Certificate of Eligibility for LPG cylinder retail outlet
1. An application form for Certificate of Eligibility for LPG cylinder retail outlet according to Form No.5 provided in Appendix issued thereto.
2. A copy of LPG sales contract with other traders having a Certificate of Eligibility that remains unexpired
3. Documents proving the compliance with requirements for fire preventing and extinguishing
Article 40. Application for Certificate of Eligibility for LPG cylinder filling plant, LPG filling plant for tanks and LPG/LNG/CNG filling plant for vehicles
1. An application form for Certificate of Eligibility for filling plant according to Form No.7 provided in Appendix issued thereto.
2. A copy of certificate of registration of enterprise/cooperatives/business household
3. Documents proving that such plant is permitted to be constructed by competent authorities.
4. Documents proving the compliance with requirements for fire preventing and extinguishing
Article 41. Application for Certificate of Eligibility for producing and repairing LPG cylinders
1. An application form for Certificate of Eligibility for filling plant according to Form 10 provided in Appendix issued thereto.
2. A copy of certificate of registration of enterprise/cooperatives/business household
3. A list of equipments serving LPG cylinder inspection
4. A list of procedures for safe production of LPG cylinders and procedures for LPG cylinder repair
5. A procedure for producing a typical LPG cylinder including the durability measurement
6. A procedure for quality testing after production or repair
7. A copy of Certificate of verification of safety testing equipments after production and repair or a copy of Certificate of Conformity in accordance with provisions of the law on measurement
8. Documents proving the compliance with requirements for fire preventing and extinguishing
Article 42. Application for Certificate of Eligibility for producing mini LPG cylinders
1. An application form for Certificate of Eligibility for filling plant according to Form 10 provided in Appendix issued thereto.
2. A copy of certificate of registration of enterprise/cooperatives/business household
3. A list of equipments serving mini LPG cylinder inspection
4. A procedure for mini LPG cylinder production.
5. A procedure for safe production of mini LPG cylinders
6. A procedure for quality testing of mini LPG cylinders
7. A copy of Certificate of verification for mini LPG cylinder production line, machines, equipment and materials and equipments
8. Documents proving the compliance with requirements for fire preventing and extinguishing
Article 43. The order and procedure for issuing Certificate of Eligibility
1. The trader meeting all requirements herein shall send an application for Certificate of Eligibility directly to competent regulatory agencies or by post or via the website.
2. Competent regulatory agencies may send a written request for additional documents to the trader if finding the application of such trader is unsatisfactory.
3. Competent regulatory agencies must process and appraise the application then issue a Certificate of Eligibility to the trader within 15 working days from the day on which the satisfactory application is received. A written response with clear explanation is required if the application is rejected.
4. The trader submitting an application for Certificate of Eligibility must pay a fee for appraisal of conditions for trading goods or services subject to business restrictions; goods or services subject to business conditions in commerce in accordance with provisions of the law on fees and charges in force.
5. The Certificate of Eligibility will expire after 10 years from the issuance date.
Article 44. The authority to issue Certificate of Eligibility
1. The Ministry of Industry and Trade shall have the authority to issue the Certificate of Eligibility prescribed in clause 1, 4 and 5 in Article 36 hereof.
2. The Department of Industry and Trade shall have the authority to issue the Certificate of Eligibility prescribed in clause 2, 6, 7 and 8 in Article 36 hereof.
3. People's Committees of districts shall have the authority to issue the Certificate of Eligibility prescribed in clause 3 in Article 36 hereof.
Article 45. Re-issuing and adjusting Certificate of Eligibility
1. Re-issuing the Certificate of Eligibility
a) Certificate of Eligibility will be re-issued if being lost, damage or carrying false information;
b) The content and expiration date of the re-issued Certificate will remain unchanged, The re-issued Certificate must abolish the effective period of the lost, damage or false one.
c) The application and procedure for re-issuance include an application form for re-issuance of Certificate of Eligibility according to Form No.12 provided in Appendix issued thereto.
d) Competent regulatory agencies shall re-issue the Certificate with 7 working days from the day the satisfactory application is received by verifying the dossier of Certificate issuance kept.
2. Adjusting Certificate of Eligibility
a) A Certificate of Eligibility will be adjusted if there is a change in business registration; location of head office or information relating to the trader making the registration;
b) The application and procedure for adjustment include an application form for adjustment to Certificate of Eligibility according to Form No.12 provided in the Appendix issued thereof and relevant documents proving the content adjusted;
c) Competent regulatory agencies shall adjust the Certificate with 7 working days from the day the satisfactory application is received. The effective period of adjusted Certificate will remain unchanged.
Article 46. Revocation of Certificate of Eligibility
1. A Certificate of Eligibility will be revoked in the following cases:
a) The application for the Certificate is counterfeited;
b) The applicant no longer satisfies or fails to satisfy prescribed requirements;
c) The applicant put out the Certificate to lease or adjust its content without consent of issuance authorities.
d) The business is shut down;
dd) The Certificate is issued ultra vires;
e) The real business location is inconsistent with the location stated in the Certificate of Eligibility issued by competent authorities.
g) The applicant illegally seize, sell, purchase or exchange LPG cylinders of other traders
h) The applicant illegally changes the primary form, structure and weight of LPG cylinders, for instance: replaces the base, cuts the handle, grinds the logo, changes the label or series number; attaches more metal or switches the bottle valve.
2. Competent regulatory agencies issuing the Certificate of Eligibility shall have the authority to revoke such issued Certificate.
3. The trader having their Certificate of Eligibility revoked must send such Certificate and all copies in hand of such Certificate to the issuance authority within 7 working days from the day on which the revocation decision is issued.
Chapter IV
GAS BUSINESS SAFETY
Article 47. General safety provisions applied to gas business facilities
1. Gas producers, processing plants, importers, exporters, sellers or purchasers; LPG cylinder producers/repairers or mini LPG cylinders; filling plants, distribution plants and compressing plants; traders leasing tanks, LPG cylinder storage and means of transport must develop a safe management program and send a report of risk assessment as well as plans for dealing with emergency events to competent authorities for approval.
For the case in which the gas business facility includes producing and processing premises, ports for import and export, a filling plant adjacent to a distribution plant owned by a single person, the safe management program, risk assessment report and plans for dealing with emergency events shall be applied to the whole facility.
2. Facilities prescribed in clause 1 in this Article must annually practices the methods presented in the approved plan for dealing with emergency events.
3. Every facility must issue all procedures for operation, procedures for solving problems and safety regulations approved by the head of such facility.
4. All machines and equipments strictly subject to labor safety requirement must undergo an inspection of labor safety technique as regulated.
5. Instruments and equipments used for measurement must be inspected and calibrated in accordance with provisions of the law on measurement.
6. There must be a safe distance between the equipment, construction works and boundary fence of facilities or protected places as regulated.
7. Regulations on fire safety in accordance with provisions of laws must be satisfied.
8. People engaged in the management works, employees working at the gas business facility including the drivers of vehicles used for gas transport must be trained in safe techniques.
9. Annually, every gas business facility must self-offer or hire other organization to offer a training course in labor safety techniques for its employees.
10. The Ministry of Industry and Trade shall decide the training program and content of safety technique course in gas business.
11. The Department of Industry and Trade shall check the training in safety techniques of gas business facilities.
Article 48. Safety requirements applied to gas tanks
1. A gas tank must be installed with sufficient safety equipments and calibrated as regulated.
2. A gas tank must be fitted with an emergency shut-off valve.
3. A tank must be placed outdoor, outside the house or enclosed construction works. Do not place the tank on the roof, in the balcony, basement or under construction works.
4. Stationary tanks must not be stacked one above the other. Horizontal cylindrical tanks must not be aligned along the vertical axis towards the house or service buildings.
5. Underground tanks must not be placed under flammable liquids storage facilities.
Article 49. Safety requirements applied to gas pipelines
1. An above-ground gas pipeline must be put on a firm support and painted with prescribed color when coupling.
2. An underground pipeline must be protected against erosion by appropriate methods. A gas pipeline and its thickness must undergo periodical inspections as regulated.
3. Safe distance among the pipelines themselves, between the pipeline and coupled objects must satisfy the regulations.
Article 50. Safety requirements applied to LPG cylinder filling plant
1. LPG cylinder filling plant must not be placed in the basement or in floors of apartments or high buildings.
2. The floor of the plant must be flat, equal or higher than surrounding ground. Where the floor is raised, the space beneath must be filled up, if left empty, it must be well ventilated. Flammable objects or substances must not be stored or maintained in such space.
3. LPG cylinder filling must follow the filling process of the plant. The mass of LPG in cylinders must be consistent to that designed for each type of cylinder.
4. Filled LPG cylinders must be checked for its tightness and must be labeled and sealed.
5. LPG cylinder storage of the plant must be consistent with regulations in Article 57 hereof.
6. LPG must not be bottled and LPG cylinders must be discarded or repaired or tested in the following cases:
a) The weight information printed on the cylinder is illegible or absent;;
b) Cylinders have defects or defects in their shroud/collar of foot ring;
c) Cylinders have physical defects in their body;
d) Cylinders are eroded to the visible extent;
dd) Cylinders have arc or torch burns;
e) Cylinders, valves or structures for pressure relief (if being fitted) are leaked or broken;
g) Cylinders have been expired for test;
h) Cylinders have not been tested or not able to identify the expiry for test.
Article 51. Safety requirements applied for gas filling plant for vehicles
1. There must be at least 3-meter-distance between the above-ground tank and the plant's boundary fence.
2. There must be a coupling between the filling post and flexible hoses for filling vehicle with gases.
3. The filling post must be far from the tank at least 10 meters.
4. The filling post and the gas pipeline connector must be placed outdoor, in a well ventilated and covered area.
5. Technological hoses must be put on the ground and the vehicle coming to the plant for gas delivery must be connected to the ground.
6. The above-ground tank with capacity over 20 cubic meters must be equipped with a sprinkler system to cool its top.
Article 52. Safety requirements applied to gas distribution plants
1. The distance between the tank and another tank of flammable liquid having a flash point less than 65 degrees Celsius must not be less than 7 meters.
2. Requirements applied to the area getting gases from the tank truck:
a) There must be a speed limit sign at the entrance for tank trucks;
b) The area receiving tank trucks must be marked with a signboard and cannot be entered by people without duty while gases are being pumped into the tank;
c) During the gas filling, the tank truck must face the main road or emergency exit and not be obstructed in case of emergency evacuation.
3. Fire engines must always be allowed to enter and exit the plant when necessary.
4. Equipments placed in vulnerable areas must be protected by safety methods such as barriers, iron posts, concrete posts and warning signs. These safety equipments must not produce any effect on the ventilation of the gas storage areas.
Article 53. Safety requirements applied to LPG cylinder retail outlets
1. The outlet must be in an area of at least 12 square meters.
2. The outlet must be isolated from ignition sources at least 3 meters towards no fireproof walls; if there exist fireproof walls, such distance between the outlet and ignition sources is not required. Construction structure and fire resistance level of the shop must be at least level II. Electrical equipments of the outlet must be proof against explosion and stay far from LPG cylinders at least 1.5 meters.
3. Only empty cylinders are permitted to be displayed in shelves for marketing purpose.
4. LPG cylinder storage areas must be well ventilated. LPG cylinders must not be stored in closed chambers or enclosed basements or not be placed in the entrance or public passage. For the case in which there is a LPG cylinder storage, such storage must have at least 1 main door and 1 emergency exit with door open to the outside.
5. LPG cylinder repairing and LPG cylinder filling are prohibited.
Article 54. Safety requirements for transporting LPG in cylinders by motor vehicles
1. Motor vehicles carrying LPG in cylinders must be licensed to transport dangerous cargo in accordance with regulations in force.
2. Cylinders must be loaded in upright position with their valves in the vapor space. There must be only one layer of cylinders with volume over 99 liters loaded on the motor vehicle. Cylinders with volume under 99 liters can be loaded with 2 stacks or more but the stacks must not be higher than the car and pallets are required between two stacks.
3. The motor vehicle cannot be parked in close proximity to ignition sources or a place of crowded people or means of transport For the case in which the motor vehicle is parked temporarily for loading or unloading, it must be parked in a place that not poses a risk to human and not obstruct any other means of transport.
Article 55. Safety requirement for transporting and delivering LPG in cylinders to customers
1. Motorbikes (two-wheeled motor vehicle) carrying LPG in cylinders must have a firm support and the cylinders whereon must be aligned vertically with their valves in the vapor space.
2. It is prohibited to transport LPG in cylinders along with person in the elevator, except the delivery person.
3. When providing LPG in cylinders for customers, the LPG outlet shall keep 1 delivery note itself and give the customers another which specifies at least the following information: the owner, cylinder type, series number, testing expiry, import place, name and address of the customer, delivery date, name, address and contacts of the outlet.
4. When delivering, the seller must check the tightness of the bottle’s valve, couplings and hoses after installing or renewing LPG cylinders in the presence of customers and sign the delivery minutes provided by such customers.
Article 56. Safety requirements for transporting and delivering gases by tanks
1. The driver, escort and keeper must be trained in safe techniques as regulated.
2. Tank trucks or rail tank cars carrying gas tanks must be licensed to transport dangerous cargo as regulated.
3. When awaiting for gas delivery, the tank truck must park in a safe place with appropriate barrier facing the nearest emergency exit and must be separated from ignition sources at least 7 meters. Tank trucks are not permitted to park or operate in enclosed-3-side house.
4. Tank trucks must be earthed and the front tire must be blocked completely before gas delivery.
5. Tank trucks must park at the designated location if gases are delivered and received at the plant. Location for parking and delivering gases must be convenient to couple the hoses and valves; the truck must turn towards the exit. The exit for the truck must not be obstructed during the gas delivery.
6. When delivering gases to rail tank cars, the train coupling with such rail tank cars must be blocked by brakes; rail tank cars must be arranged which makes sure all of their valve boxes will stay in one side of the train.
7. The liquid LPG pipelines of a LPG tank truck must be equipped with a check valve at the back of hand valve to block the entrance of the pipeline.
Article 57. Safety requirements applied to LPG cylinder storage
1. LPG cylinder storage must have equipments for testing and warning LPG leakage.
2. LPG in cylinders in such must be stored in ventilated places not in areas lower than the surrounding ground, in the vault or basement.
3. Outdoor LPG storage of at least 1.000 kilograms of LPG in cylinders must be divided into small batches. The LPG cylinder storage must be separated from LPG cylinder storage at least 3 meters.
4. Indoor LPG cylinder storage must meet requirements for volume and place of storage as regulated.
Chapter V
STATE MANAGEMENT IN GAS BUSINESS
Article 58. Responsibilities of ministries and ministerial agencies
1. The Ministry of Industry and Trade is required to:
a) preside over and cooperate with relevant entities in professionally inspecting, checking and supervising the nationwide compliance with regulations hereof of gas business.
b) check the conditions, issuance, re-issuance, adjustment and revocation of the Certificate of Eligibility according to Form No.2 and 11 provided in the Appendix issued thereto.
c) preside over and cooperate with relevant agencies in issuing national technical regulations and international technical regulations on safety in gas business.
d) develop and issue training programs and contents for the course in labor safety techniques in gas business.
dd) receive reports of the distribution system, registration of goods label and gas import, export and trading of gas importers/exporters according to Form No.13 provided in the Appendix issued thereto.
2. The Ministry of Science and Technology is required to:
a) preside over and cooperate with relevant ministries in developing, amending and completing the system of national technical standards and regulations on gases; finalize the system of legislative documents on measurement and quality in gas business, regulations on consistent implementation nationwide; manage, inspect and check the measurement and quality in gas producing, processing, import, export, delivery, transport and circulation.
b) provide guidelines for testing and calibrating measurement equipments and instruments used in gas business in accordance with provisions of the law on measurement;
c) issue a regulation on using additives in gas producing, processing and blending; regulation on applying the quality management system and laboratory capacity management system.
d) formulate and issue a regulation on registration of gas blending facilities
3. The Ministry of Transport is required to:
preside over and cooperate with relevant ministries in amending and completing national technical standards and regulations on ports for gas import and export, means of transport carrying and using types of gases.
4. The Ministry of Construction is required to:
preside over and cooperate with relevant ministries in providing guidelines and checking the construction of buildings serving gas business in provinces and centrally-affiliated cities in accordance with provisions of the law on construction and guiding documents in force.
5. The Ministry of Public Security is required to:
a) ensure the consistency in state management of security, order, and fire safety applied to facilities producing and processing gases nationwide.
b) instruct the public security force to inspect and check the compliance with regulations on security, order, fire safety of facilities producing, processing and transporting gases.
c) offer a training course in fire safety for officials and employees working in gas producing and processing facilities in accordance with provisions of laws.
6. The Ministry of Labor, War Invalids and Social Affairs is required to:
provide guidelines and inspect, check the labor safety conditions in gas business facilities in accordance with law in force.
7. The Ministry of Natural Resources and Environment is required to:
preside over and cooperate with relevant ministries in checking and supervising gas producing and processing facilities to make sure they comply with provisions of the law on environment.
8. The Ministry of Finance is required to:
a) preside over and cooperate with the Ministry of Industry and Trade in inspecting, checking and supervising gas traders to make sure they abide by provisions of the law on price;
b) publish or submit methods for stabilizing prices to competent authorities which is then published in accordance with provisions of the law in force
Article 59. Responsibilities of local authorities
1. People’s Committees of provinces and centrally-affiliated cities take responsibility to:
a) provide guidelines and inspect gas producing and processing facilities owned by traders in the localities in terms of safety in gas production and business; fire safety as well as environment safety in accordance with provisions of laws; fight against trade frauds and stabilize the market;
b) provide guidelines and conduct an inspection of measurement and quality of gases circulating in the locality.
2. The Department of Industry and Trade shall take responsibility to:
a) check the conditions, issuance, re-issuance, adjustment and revocation of the Certificate of Eligibility according to Form No.4, 8 and 9 provided in the Appendix issued thereto;
b) preside over and cooperate with relevant agencies in inspecting and supervising the compliance with regulations on training in safety techniques of gas business facilities;
c) receive reports of the distribution system, registration of goods label and gas sale and purchase on the market by gas traders in the locality where their head office is located according to Form No.13 provided in the Appendix issued thereto.
d) make a list and consolidated report of distribution system, registration of goods label and gas trading activities of gas traders then send them to the Ministry of Industry and Trade before December 31 each year.
3. People’s Committees of communes take responsibility to:
a) check the conditions, issuance, re-issuance, adjustment and revocation of the Certificate of Eligibility according to Form No.6 provided in the Appendix issued thereto;
b) preside over and cooperate with relevant agencies in inspecting and supervising the compliance with regulations hereof and relevant law provisions of LPG cylinder retail outlets.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 60. Transitional provisions
1. Traders receiving the Certificate of Eligibility which expires before the day on which this Decree comes into force may continue to run their business until the expiration date of their Certificate.
2. Gas business facilities founded before the day on which this Decree comes into force which fails to meet the requirement for safe distance in placing tanks or filling plants must comply with regulations hereof and national technical regulations 3 years after the day on which this Decree takes effect.
3. LPG cylinder filling plants receiving the Certificate of Eligibility which remains unexpired not owned by any LPG wholesaler as prescribed in Decree No.19/2016/ND-CP dated March 22, 2016 of the Government in gas business may continue to operate until the date on which this Decree comes into force and expiration date of the Certificate.
4. [7]
Article 61. Entry into force [8]
1. This Decree comes into force on August 01, 2018.
2. This Decree replaces Decree No.19/2016/ND-CP dated March 22, 2016 of the Government on gas business. This Decree abolish Chapter V of Decree No.77/2016/ND-CP dated July 01, 2016 of the Government which amended regulations on conditions for investment in the trading of national goods; chemicals; industrial explosive materials, fertilizer, gas business and food business under state management of the Ministry of Industry and Trade.
Article 62. Implementation
Ministers, Directors of ministerial agencies and Governmental agencies, Chairperson of People's Committees of provinces and centrally-affiliated cities shall take responsibility to implement this Decree./.
| AUTHENTICATION OF CONSOLIDATED DOCUMENT MINISTER |
[1] Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, with the following bases:
“Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Commerce dated June 14, 2005;
Pursuant to the Law on Chemicals dated November 21, 2007;
Pursuant to the Law on Food Safety dated June 17, 2010;
Pursuant to the Law on Electricity dated December 3, 2004 and Law on amendments to the Law on Electricity dated November 20, 2012:
Pursuant to the Law on Prevention and Control of Harmful Effects of Tobacco dated June 18, 2012;
Pursuant to the Law on Investment dated November 26, 2014 and Law on Law on amendments to Article 6 and Appendix 4 on the list of conditional business lines stipulated in the Law on Investment dated November 22, 2016;
Pursuant to the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages dated June 14, 2019;
At the request of the Minster of Industry and Trade;”
[2] This Clause is amended by Clause 1 Article 15 of Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, coming into force as of March 22, 2020.
[3] This Point is amended by Clause 2 Article 15 of Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, coming into force as of March 22, 2020.
[4] This Clause is amended by Clause 3 Article 15 of Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, coming into force as of March 22, 2020.
[5] This Clause is amended by Clause 4 Article 15 of Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, coming into force as of March 22, 2020.
[6] This Clause is amended by Clause 4 Article 15 of Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, coming into force as of March 22, 2020.
[7] This Clause is amended by Clause 5 Article 15 of Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, coming into force as of March 22, 2020.
[8] Article 21 of Government’s Decree No. 17/2020/ND-CP dated February 5, 2020 on amendments to certain articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, coming into force as of March 22, 2020, stipulates as follows:
“Article 21. Effect and implementation
1. This Decree comes into force from March 22, 2020, except for the regulations laid down in Clauses 2 and 3 of this Article.
2. Regulations on manufacturing, assembly and import of motor vehicles and provision of motor vehicle warranty and maintenance services specified in this Decree come into force from the date of its signature.
3. Regulations on spirit trading specified in this Decree come into force from the date of its signature.
4. The phrase “danh nghĩa Quốc gia Việt Nam” (“the name of Vietnam”) in Point dd Clause 6 and content “Việc tổ chức tham gia hội chợ, triển lãm thương mại tại nước ngoài với danh nghĩa Quốc gia Việt Nam phải đạt được tiêu chuẩn theo quy định của Bộ Công Thương” (“The organization of participation in overseas trade fairs and exhibitions under the name of Vietnam must meet standards as regulated by the Ministry of Trade and Industry”) in Clause 12 Article 29; the phrase “Văn bản thỏa thuận/Hợp đồng gửi kèm” (“Enclosed with the agreement”) specified at ordinal number 11 in the Form No. 01 and ordinal number 9 in the Form No. 02 and the phrase “việc sử dụng danh nghĩa Quốc gia Việt Nam” (“Use of the word “Vietnam””) at ordinal number 1 in the Form No. 10 of the Appendix enclosed with the Government’s Decree No. 81/2018/NĐ-CP dated May 22, 2018 are repealed,
5. Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People's Committees of provinces and central-affiliated cities are responsible for providing guidelines and implementing this Decree./.”
---------------
This document is handled by Vinas Doc. Document reference purposes only. Any comments, please send to email: [email protected]