Conditions for general agents selling petroleum according to the law Law

2. What are the conditions to become a petroleum general agent?

Pursuant to Article 16 of Decree 83/2014/ND-CP and Clause 13, Article 1 of Decree 95/2021/ND-CP) regulations on conditions for general agents of petroleum trading are as follows:

Traders who meet all of the following conditions will be granted a Certificate of eligibility to act as a general agent for petroleum trading (hereinafter referred to as general agent) by a competent state management agency:

– The enterprise is established according to the provisions of law, and in the Certificate of Business Registration there is registration for petroleum business.

– Have a warehouse or petroleum storage tank with a minimum capacity of two thousand cubic meters (2,000 m3), owned by the enterprise or leased for use by a petroleum trader for five (05) years or more.

– Have a means of transporting petroleum owned by the enterprise or leased to a petroleum trader for five (05) years or more.

– Have a petroleum distribution system: at least five (05) owned or leased petroleum retail stores with a lease term of five (05) years or more, including at least three (03) owned stores; at least ten (10) gasoline retail stores belonging to agents issued with a Certificate of stores qualified to retail gasoline according to the provisions of Article 25 of this Decree.

– Managers and direct sales staff must be trained, trained and have training certificates, professional training in fire prevention, fighting and environmental protection according to current law provisions. Execution.”

3. What are the procedures for a general petroleum agent to register a business certificate?

Pursuant to the provisions of Article 17 of Decree 83/2014/ND-CP and Clause 14, Article 1 of Decree 95/2021/ND-CP, the order and procedures for granting a business certificate of a general petroleum business agent as follows:

Step 1: Prepare documents

Dossier to request a new Certificate of eligibility to act as a general agent for petroleum trading includes:

– Application for issuance of Certificate of eligibility to act as a general agent for petroleum trading according to Form No. 7 in the Appendix attached to the Decree This;

– Copy of Business Registration Certificate;

– Copy of documents proving professional training of managers and employees directly doing business as prescribed in Clause 5, Article 16 of this Decree;

– List of technical facilities serving petroleum business as prescribed in Clauses 2 and 3, Article 16 of the Decree here, accompanied by supporting documents;

– List of the trader’s gasoline and oil distribution system as prescribed in Clause 4, Article 16 of this Decree, accompanied by supporting documents;

– Original written confirmation of the trader providing gasoline and oil to the general agent for a minimum period of one (01) year, clearly stating the type of gasoline oil.

Step 2: Submit application

– Traders send one (01) set of documents to the competent authority, at:

+ The Ministry of Industry and Trade has the authority to issue new, supplement, amend and reissue Certificates of eligibility to act as general agents for petroleum trading to traders who meet the conditions specified in Article 16 of the Decree. this Decree and have a petroleum distribution system in two (02) provinces and centrally run cities or more.

+ The Department of Industry and Trade has the authority to issue new, supplement, amend and re-issue Certificates of eligibility to act as general agents for petroleum trading to traders with headquarters in the area, meeting all the conditions specified in Article 16 of this Decree and having a petroleum distribution system in one (01) province or centrally run city.

– In case there are not enough valid documents, within seven (07) working days from the date of receiving the trader’s documents, the competent authority shall send a written request to the trader to supplement them;

– Within thirty (30) working days from receipt of valid documents, the competent authority is responsible for reviewing, appraising and issuing a Certificate of eligibility to act as a general agent for petroleum trading according to Form No. 8 in the Appendix attached to this Decree to the trader. In case of refusal to issue a Certificate due to ineligibility, the competent authority must respond in writing and clearly state the reason.

The certificate of eligibility to act as a general agent for petroleum trading has a validity period of five (05) years from the date of new issue.

Step 3: Pay the fee

Traders who are granted a Certificate of eligibility to act as a general agent for petroleum trading must pay fees and charges according to regulations of the Ministry of Finance.