Vietnam: Regulations on the Certificate of Eligibility for gas business

According to Decree No. 87/2018/ND-CP of Vietnam’s Government, the order and procedure for issuing Certificate of Eligibility for gas business (Certificate of Eligibility) and revocation thereof are specified as follows:

Order and procedure for issuing Certificate of Eligibility

- 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.

- Competent regulatory agencies may send a written request for additional documents to the trader if finding the application of such trader is unsatisfactory.

- 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.

- 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.

Validity: The Certificate of Eligibility will expire after 10 years from the issuance date.

The authority to issue Certificate of Eligibility

- 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.

- 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.

- People's Committees of districts shall have the authority to issue the Certificate of Eligibility prescribed in clause 3 in Article 36 hereof.

Re-issuing and adjusting Certificate of Eligibility

Re-issuing the Certificate of Eligibility

- Certificate of Eligibility will be re-issued if being lost, damage or carrying false information;

- 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, damaged or false one.

- 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.

Time of reissuance: Competent regulatory agencies shall re-issue the Certificate within 7 working days from the day the satisfactory application is received by verifying the dossier of Certificate issuance kept.

Adjusting Certificate of Eligibility

- A Certificate of Eligibility will be adjusted if there is a change in:

+ business registration;

+ location of head office;

+ information relating to the trader making the registration;

- 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;

+ Relevant documents proving the content adjusted.

- Time of reissuance: Competent regulatory agencies shall adjust the Certificate within 7 working days from the day the satisfactory application is received.

- The effective period of the adjusted Certificate will remain unchanged.

Revocation of Certificate of Eligibility

A Certificate of Eligibility will be revoked in the following cases:

+ The application for the Certificate is counterfeited;

+ The applicant no longer satisfies or fails to satisfy prescribed requirements;

+ The applicant put out the Certificate to lease or adjust its content without consent of issuance authorities;

+ The business is shut down;

+ The Certificate is issued ultra vires;

+ The real business location is inconsistent with the location stated in the Certificate of Eligibility issued by competent authorities.

+ The applicant illegally seize, sell, purchase or exchange LPG bottles of other traders;

+ The applicant illegally changes the primary form, structure and weight of LPG bottles, 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.

- Competent regulatory agencies issuing the Certificate of Eligibility shall have the authority to revoke such issued Certificate.

- The trader having his/her 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.

Decree No. 87/2018/ND-CP of Vietnam’s Government takes effect from August 01, 2018.

-Thao Uyen-

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