Conditions for petrol and oil importers and exporters in Vietnam

Conditions for petrol and oil importers and exporters in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for petrol and oil importers and exporters in Vietnam

Specifically, according to Article 7 of Decree 83/2014/ND-CP (amended in Decree 95/2021/ND-CP), a trader that fully meets the conditions below may be granted a petrol and oil import or export license by the Ministry of Industry and Trade:

- Being established lawfully, having registered for petrol and oil trading as specified in its enterprice registration certificate.

- Having a special-use wharf in Vietnam’s international port system, which is capable of receiving oil tankers or other petrol and oil transport vehicles with a tonnage of at least seven thousand (7,000) tons under its ownership or co-ownership or on a lease for at least five (5) years.

- Having a depot with a minimum capacity of fifteen thousand (15.000) cubic meters to receive petrol and oil from oil tankers and other special-use transport vehicles that are under its ownership or rented from a petrol and oil trader for at least five (05) years.

- Having vehicles for domestic petrol and oil transport under its ownership or rented from a petrol and oil trader for at least five (05) years."

- Having a petrol and oil distribution system: at least 10 petrol and oil retail stations under ownership or lease with lease duration of at least 05 years, including at least 05 stations under ownership by the enterprise; at least 40 petrol and oil general agents or retail agents or petrol and retail franchisees in the trader's distribution system.

- Being conformable with the master plan on petrol and oil importers and exporters.

- A major aviation fuel trader is not required to have the distribution system mentioned in Clause 5 of Article 7 of Decree 83/2014/ND-CP but the following conditions must be satisfied:

+ There are vehicles for transport and filling of aviation fuel that are conformable with regulations and standards for aviation fuel under ownership or lease with lease duration of at least 05 years.

+ There is a depot at the airport with equipment conformable with standards for aviation fuel under ownership or lease with lease duration of at least 05 years.

+ There is a capable laboratory under ownership or lease to inspect quality of aviation fuel according to applicable national and international standards.

2. Dossiers of application for petrol and oil import or export license in Vietnam

Pursuant to Clause 2, Article 8 of Decree 83/2014/ND-CP (amended in Decree 95/2021/ND-CP), dossiers of application for petrol and oil import or export license include:

- An application for a new license shall contain:

+ The application form for the Certificate of Eligible Major Petrol and Oil Trader according to Form No. 1 in the Appendix to Decree 83/2014/ND-CP;

Form No. 1

+ Copy of the Certificate of Enterprise Registration;

+ A list of facilities serving petrol and oil trading according to Clauses 2, 3, 4 Article 7 of Decree 83/2014/ND-CP enclosed with supporting documents;

+ A list of petrol and oil retail stations under ownership or lease; a list of petrol and oil general agents, retail agents and retail franchisees in the trader distribution system according to Clause 5 Article 7 of Decree 83/2014/ND-CP enclosed with supporting documents.

- For a supplemented or modified license

When there is a change in the contents of its petrol and oil import or export license, the trader shall compile and submit to the Ministry of Industry and Trade a dossier of request for supplementation or modification of the license. Such a dossier must comprise:

+ A written request for license supplementation or modification, made according to Form No. 1 in the Appendix to Decree 83/2014/ND-CP;

+ The original petrol and oil import or export license;

+ Documents proving contents to be supplemented or modified.

- For a re-granted license

When a petrol and oil import or export license is lost, burnt or otherwise destroyed, the trader shall compile and submit to the Ministry of Industry and Trade a dossier of request for license re-grant. Such a dossier must comprise:

+ A written request for license re-grant, made according to Form No. 1 in the Appendix to Decree 83/2014/ND-CP;

+ The original or valid copy of the petrol and oil import or export license (if any).

- In case the Certificate of Eligible Major Petrol and Oil Trader expires, the trader shall prepare an application for a new Certificate as prescribed in Point a of Clause 2 Article 8 of Decree 83/2014/ND-CP and send it to the Ministry of Industry and Trade at least 30 working days before the expiration date of the current Certificate.

3. Order of granting a petrol and oil import or export license in Vietnam

According to Clause 3, Article 8 of Decree 83/2014/ND-CP (amended in Decree 95/2021/ND-CP), order of granting a petrol and oil import or export license is as follows:

- The trader shall submit one (1) dossier set to the Ministry of Industry and Trade;

- In case the dossier is incomplete or invalid, within seven (7) working days after receiving the trader’s dossier, the Ministry of Industry and Trade shall request in writing the trader to supplement it;

- Within thirty (30) working days after receiving a valid dossier, the Ministry of Industry and Trade shall consider and examine the dossier and grant a petrol and oil import or export license according to Form No. 2 in the Appendix to Decree 83/2014/ND-CP to the trader. In case of refusal, it shall issue a written reply clearly stating the reason.

Form No. 2

Ho Quoc Tuan

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