Tiếng Việt
中文Quick answer: There is no longer a “general agent in petroleum trading” model for new licensing. Decree 80/2023/ND-CP (effective from 17/11/2023) has abolished the general agent in petroleum trading model, and also abolished the conditions applicable to general agents. The current petroleum distribution system comprises: focal traders, distribution traders — the “general agent” no longer exists — replaced by focal traders, petroleum distribution traders and retail traders (retail agents, retail stations).
Current legal framework
- Decree 80/2023/ND-CP (amending and supplementing Decree 95/2021/ND-CP and Decree 83/2014/ND-CP on petroleum trading), effective from 17/11/2023;
- Decree 80/2023 has removed the concept of “general agent in petroleum trading” from the petroleum trading system and abolished the conditions applying specifically to this model.
Why are there no more “general agent” conditions?
Previously, a general agent in petroleum trading was a trader acting as agent for a focal trader, authorized to organize a system of retail agents. From 17/11/2023, Decree 80/2023/ND-CP eliminated this model to streamline the distribution system. Therefore, all guidance on “conditions for general agents in petroleum trading” under the old rules no longer has application value for new licensing.
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The current petroleum trading system
- Focal petroleum traders — importing, producing, blending petroleum;
- Petroleum distribution traders — buying petroleum from focal traders to sell to retail traders and customers;
- Petroleum retail traders — including retail agents and petroleum retail stations, selling directly to consumers.
Each type of trader must satisfy its own conditions on warehouses, storage tanks, transport vehicles, station systems… under Decree 83/2014/ND-CP (as amended by Decree 95/2021 and Decree 80/2023).
Key notes
- Enterprises wishing to join the petroleum distribution chain need to correctly identify the type of trader they target (distribution or retail) and satisfy the corresponding conditions;
- General agency contracts signed before 17/11/2023 should be reviewed and adjusted to fit the new legal framework.
How ANT Legal can help
ANT Legal advises on petroleum trading conditions, licenses, distribution contracts and legal compliance in the petroleum sector. For advice on your specific case, please contact our lawyers at 0966.475.966.
