Dossier of application for certificates of eligibility to act as petrol and oil retail agents in Vietnam

Dossier of application for certificates of eligibility to act as petrol and oil retail agents in Vietnam (Internet image)

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

1. What is petrol and oil retail agent?

According to Clause 14, Article 3 of Decree 83/2014/ND-CP, petrol and oil retail agent means a trader that acts as an agent to retail petrol and oil at retail stations for the principal being a petrol and oil key trader or distributor or general agent to enjoy remuneration.

2. Dossier of application for certificates of eligibility to act as petrol and oil retail agents in Vietnam

Specifically, according to Clause 4, Article 20 of Decree 83/2014/ND-CP, dossiers of application for certificates of eligibility to act as petrol and oil retail agents in Vietnam include:

(1) For a new certificate, a dossier must comprise:

- An application for a certificate of eligibility to act as a petrol and oil retail agent, made according to Form No. 9 provided in the Appendix to Decree 83/2014/ND-CP;

- A copy of the enterprise registration certificate;

- Copies of training certificates of managers and trading staff under Clause 3, Article 19 of Decree 83/2014/ND-CP

- A list of physical and technical facilities to serve petrol and oil trading under Clause 2, Article 19 of Decree 83/2014/ND-CP enclosed with documents proving these facilities;

- The trader’s original written certification of supply of petrol and oil to the agent which is valid for at least one (1) year, clearly stating petrol and oil categories.

(2) For a supplemented or modified certificate

When there is a change in the contents of a certificate of eligibility to act as a petrol and oil retail agent, the trader shall compile and submit a dossier of request for supplementation or modification of the certificate to the competent agency. Such a dossier must comprise:

- A written request for certificate supplementation or modification, made according to Form No. 9 provided in the Appendix to Decree 83/2014/ND-CP;

- The original certificate of eligibility to act as a petrol and oil retail agent;

- Documents proving contents to be supplemented or modified.

- For a re-granted certificate

(3) When a certificate of eligibility to act as a petrol and oil retail agent is lost, burnt or otherwise destroyed, the trader shall compile and submit a dossier of request for certificate re-grant to the competent agency. Such a dossier must comprise:

- A written request for certificate re-grant, made according to Form No. 9 provided in the Appendix to Decree 83/2014/ND-CP;

- The original or valid copy of the certificate of eligibility to act as a petrol and oil retail agent (if any).

(4) When a certificate of eligibility to act as a petrol and oil retail agent expires, the trader shall compile a dossier of application for a new certificate under (1) and submit it to the competent agency at least thirty (30) days before the certificate expires

3. Order of granting certificates of eligibility to act as a petrol and oil retail agent in Vietnam

Order of granting certificates of eligibility to act as a petrol and oil retail agent in Vietnam is as follows:

- A trader shall submit one (1) dossier set to the competent agency;

- When a dossier is incomplete or invalid, within seven (7) working days after receiving such dossier, the competent agency shall make a written request for the trader to supplement the dossier;

- Within thirty (30) working days after receiving a valid dossier, the competent agency shall examine and appraise the dossier and grant a certificate of eligibility to act as a petrol and oil retail agent according to Form No. 10 provided in the Appendix to Decree 83/2014/ND-CP to the applicant.

In case of refusal, it shall issue a written reply clearly stating the reason.

(Clause 5, Article 20 of Decree 83/2014/ND-CP)

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