Petrol Retail Agency Licensing in Vietnam: Conditions, Dossier and Procedures

What conditions must be met to become a petrol retail agent? What is the procedure for obtaining the business license?

1. What conditions must be met to become a petrol retail agent?

Article 19 of Decree 83/2014/ND-CP provides on conditions for petrol retail agents as follows:

“Article 19. Conditions for petrol retail agents

Traders meeting all the following conditions shall be granted by the Department of Industry and Trade a Certificate of eligibility to act as a petrol retail agent (hereinafter referred to as agent):

1. An enterprise established in accordance with the law, with petrol business registered in its Enterprise Registration Certificate.

2. Having petrol retail stores owned or leased with a lease term of five (05) years or more, granted a Certificate of eligibility for petrol retail stores as prescribed in Article 25 of this Decree (as amended by Clause 15, Article 1 of Decree 95/2021/ND-CP).

3. Managers and personnel directly conducting business must be trained and have training certificates in fire prevention, firefighting, and environmental protection as prescribed by current law.”

2. What dossier must a petrol retail agent prepare to apply for the license?

Pursuant to clause 4, Article 20 of Decree 83/2014/ND-CP, the dossier for applying for the Certificate of eligibility to act as a petrol retail agent is as follows:

– For new issuance, the dossier includes:

+ Application for issuance of the Certificate of eligibility to act as a petrol retail agent in Form No. 9 in the Appendix issued together with this Decree;

+ A copy of the Enterprise Registration Certificate;

+ Copies of documents proving professional training of managers and personnel directly conducting business as prescribed in Clause 3, Article 19 of this Decree;

+ A list of technical and material facilities serving petrol business as prescribed in Clause 2, Article 19 of this Decree, together with supporting documents;

+ The original written confirmation of the petrol supplier to the agent with a minimum term of one (01) year, clearly stating the types of petrol.

– For supplementary issuance or amendment

Where there are changes to the contents of the Certificate of eligibility to act as a petrol retail agent, the trader must prepare a dossier and send it to the competent authority requesting supplementation or amendment of the Certificate. The dossier includes:

+ Application for supplementary issuance or amendment of the Certificate of eligibility to act as a petrol retail agent in Form No. 9 in the Appendix issued together with this Decree;

+ The original issued Certificate of eligibility to act as a petrol retail agent;

+ Documents proving the requested supplementation or amendment.

– For re-issuance

Where the Certificate of eligibility to act as a petrol retail agent is lost, burnt, or destroyed in another form, the trader must prepare a dossier and send it to the competent authority requesting re-issuance of the Certificate. The dossier includes:

+ Application for re-issuance of the Certificate of eligibility to act as a petrol retail agent in Form No. 9 in the Appendix issued together with this Decree;

+ The original or a copy of the issued Certificate of eligibility to act as a petrol retail agent (if any).

– Where the Certificate of eligibility to act as a petrol retail agent expires, the trader must prepare a dossier as for new issuance under Point a of this Clause and send it to the competent authority thirty (30) days before the Certificate expires.

3. What is the procedure for obtaining the business license for a petrol retail agent?

Pursuant to Article 20 of Decree 83/2014/ND-CP, the procedure for obtaining the business license for a petrol retail agent is as follows:

– After preparing the dossier, the trader sends one (01) set of dossier to the competent authority.

Filing place: At the Department of Industry and Trade — for traders headquartered in the locality and having a system of two (02) or more petrol retail stores in one (01) province or centrally-run city.

Where a trader has a system of petrol retail stores in two (02) or more provinces or centrally-run cities, the Department of Industry and Trade where the trader is headquartered presides over and coordinates with the Departments of Industry and Trade where the trader has petrol retail stores to issue the Certificate of eligibility to act as a petrol retail agent.

– Where the dossier is not yet complete and valid, within seven (07) working days from the date of receiving the trader’s dossier, the competent authority issues a written request for the trader to supplement. Within thirty (30) working days from receipt of a valid dossier, the competent authority considers, appraises, and issues the Certificate of eligibility to act as a petrol retail agent in Form No. 10 in the Appendix issued together with this Decree to the trader. Where issuance is refused due to ineligibility, the competent authority must reply in writing stating the reasons.

– The Certificate of eligibility to act as a petrol retail agent is valid for five (05) years from the date of new issuance.

– Traders granted the Certificate of eligibility to act as a petrol retail agent must pay fees and charges as prescribed by the Ministry of Finance.

– The Department of Industry and Trade has the authority to revoke the Certificate of eligibility to act as a petrol retail agent. The Certificate is revoked in the following cases: the trader no longer acts as a petrol business agent; the trader does not conduct petrol business for one (01) month or more; the trader goes bankrupt as prescribed by law; the trader no longer meets one of the conditions for acting as a petrol retail agent under Article 19 of this Decree; the trader repeatedly violates or reoffends regulations on ensuring the quantity and quality of petrol circulated in the market under this Decree, and other cases as prescribed by law.