Legal Document

Title: Decree 83/2014/ND-CP on petrol and oil trading

Type: Decree

Issuing Agency: Government

Responsible Agency: Ministry of Industry and Trade

Issuing Date: 03-09-2014

This Decree applies to Vietnamese traders in accordance with the Commercial Law.

Application of treaties and relevant laws

1. Foreign traders trading in petrol and oil in Vietnam under treaties to which the Socialist Republic of Vietnam is a contracting party shall comply with this Decree. When those treaties provide otherwise, they prevail.

2. Apart from complying with this Decree, petrol and oil traders shall comply with other relevant laws.

Master plans on development of the petrol and oil trading system

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in, elaborating and publicizing master plans on development of the petrol and oil trading system, including a master plan on petrol and oil importers and exporters, a master plan on development of the system of petrol and oil key depots, strategic reserve and circulation reserve depots and national system of petrol and oil pipelines, in line with the orientations for development of Vietnam’s oil and gas industry and socio-economic development in each period.

2. When formulating a project to build or upgrade the transport system, the Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, related ministries, sectors and provincial-level People’s Committees in, determining connection points suitable to the planned system of petrol and oil trading establishments.

3. Provincial-level People’s Committees shall elaborate and publicize master plans on networks of petrol and oil retail stations and depots to meet local petrol and oil circulation demands. Petrol and oil retail stations must comply with national technical regulations promulgated by competent state management agencies. Particularly, petrol and oil retail stations in border areas must comply with regulations on assurance of safety for management and protection of the borderline and boundary markers and combat of cross- border petrol and oil smuggling.

4. Traders of all economic sectors are encouraged to invest in developing petrol and oil trading establishments in conformity with approved master plans.

For further details, Please see a reference translation at http://www.moit.gov.vn/en/Pages/detaildocument.aspx?vID=271

Download Vietnamese: Decree 83/2014/ND-CP on petrol and oil trading

List Measures/Standards

Name	Description	Status	Measures/Standards	Measure Class
Import of Petroleum oils required to have import/ export license	Conditions for petrol and oil importers and exporters 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.	Active	Measure	Goods
Condition for granting license in import and export of petrol and oil	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.	Active	Measure	Goods