View Procedure
| Procedure Name | Granting trading license in petrol and oil import and export |
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| Description |
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Category
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Procedure for registration
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Responsible Agency
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Ministry of Industry and Trade
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Legal basis of the Procedure
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- Decree 83/2014/ND-CP on petrol and oil trading;
- Circular 38/2014/TT-BCT guiding the implementation of Decree 83/2014/ND-CP on petrol and oil trading issued by the Minister of Industry and Trade.
- Circular 168/2016/TT-BTC regulates the rates, the regime of collection, remittance, management and use of charges for business appraisal of goods and services subject to business restriction; Goods and services subject to conditional business in the commercial sector and the fee for the establishment license of the Goods Exchange
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Processing time
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Fee
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· As prescribed by the Ministry of Finance
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Required documents
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No
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Type of documents
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1
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Application for trading license in petrol and oil import and export made according to the prescribed form in the Annex enclosed with Decree No. 83/2014/ND-CP on petrol and oil trading.
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2
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Photocopy of the Certificate of enterprise registration
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3
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List of specialized technical facilities for petrol and oil trading as specified in Clauses 2, 3 and 4 of Article 7 Decree No. 83/2014/ND-CP on petrol and oil trading.
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4
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A list of petrol and oil retail stations under the trader’s ownership or co-ownership and a list of general agents and agents in the trader’s petrol and oil distribution system as prescribed in Clause 5, Article 7 of Decree No. 83/2014/ND-CP, enclosed with supporting documents.
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Process Steps
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Step 1
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The trader shall submit a dossier set to the Ministry of Industry and Trade
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Step 2
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If the dossier is not sufficient or valid, within 7 (seven) working days after receiving the dossier, the Ministry of Industry and Trade shall issue a written request for the enterprise to supplement.
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Step 3
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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 to the trader. In case of refusal, it shall issue a written reply clearly stating relevant reasons.
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Conditions:
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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 enterprise 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 special-use transport vehicles, which are under its ownership or co-ownership or on a lease for at least five (5) years.
- Three (3) years after being granted a petrol and oil import or export license, the trader shall own or co-own (with a capital contribution of at least fifty-one percent (51%) the depot system, which is capable of meeting at least one-third (1/3) of the trader’s reserve demand as prescribed in Clause 1, Article 31 of Decree No. 83/2014/ND-CP.
- Having vehicles for domestic petrol and oil transport under its ownership or co-ownership or on a lease for at least five (5) years from a petrol and oil service provider.
- Two (2) years after being granted a petrol and oil import or export license, the trader shall own or co-own (with a capital contribution of at least fifty-one percent (51%) vehicles for domestic petrol and oil transport with a total load capacity of at least three thousand cubic meters (3,000 m3).
- Having a petrol and oil distribution system:
At least ten (10) petrol and oil retail stations under its ownership or co-ownership and at least forty (40) petrol and oil general agents or retail agents in its distribution system.
- Every year after being granted a petrol and oil import or export license, the trader shall own or co-own at least four (4) petrol and oil retail stations until its distribution system has at least one hundred (100) petrol and oil retail stations.
- Being conformable with the master plan on petrol and oil importers and exporters.
- Exporters and importers of jet fuel are not required to have a distribution system prescribed in Clause 5 of this Article, but must have jet fuel filling equipment under their ownership or co-ownership.
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| Category | Procedure |
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The following form/s are used in this procedure
This procedure applies to the following measures
| Name | Measure Type | Agency | Description | Comments | Legal Document | Validity To | Measure Class |
| Condition for granting license in import and export of petrol and oil | Technical Measures | Ministry of Industry and Trade | Petrol and oil trading covers export (of domestically produced petrol and oil and raw materials and imported petrol and oil and raw materials), import, temporary import for re-export, border-gate transfer and export processing of petrol and oil and raw materials; production and processing of petrol and oil; distribution of petrol and oil on the domestic market; and provision of services of warehouse and port leasing and receipt, preservation and transportation of petrol and oil. | 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:
1. Being established lawfully, having registered for petrol and oil trading as specified in its enterprice registration certificate.
2. 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.
3. Having a depot with a minimum capacity of fifteen thousand (15,000) cubic meters to receive petrol and oil from oil tankers and special-use transport vehicles, which are under its ownership or co-ownership or on a lease for at least five (5) years.
Three (3) years after being granted a petrol and oil import or export license, the trader shall own or co-own (with a capital contribution of at least fifty-one percent (51%) the depot system, which is capable of meeting at least one-third (1/3) of the trader’s reserve demand as prescribed in Clause 1, Article 31 of this Decree.
4. Having vehicles for domestic petrol and oil transport under its ownership or co-ownership or on a lease for at least five (5) years from a petrol and oil service provider.
Two (2) years after being granted a petrol and oil import or export license, the trader shall own or co-own (with a capital contribution of at least fifty-one percent (51%) vehicles for domestic petrol and oil transport with a total load capacity of at least three thousand cubic meters (3,000 m3).
5. Having a petrol and oil distribution system: At least ten (10) petrol and oil retail stations under its ownership or co-ownership and at least forty (40) petrol and oil general agents or retail agents in its distribution system.
Every year after being granted a petrol and oil import or export license, the trader shall own or co-own at least four (4) petrol and oil retail stations until its distribution system has at least one hundred (100) petrol and oil retail stations.
6. Being conformable with the master plan on petrol and oil importers and exporters.
7. Exporters and importers of jet fuel are not required to have a distribution system prescribed in Clause 5 of this Article, but must have jet fuel filling equipment under their ownership or co-ownership.
| Decree 83/2014/ND-CP on petrol and oil trading | 31-12-9999 | Good |
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