Procedures for applying for a license to operate a petroleum retail agency are legal content that readers often need to check carefully before implementing in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
What conditions must be met to become a petroleum retail agent? What are the procedures for applying for a business license?
1. What conditions must be met to become a petroleum retail agent?
Pursuant to Article 19 of Decree 83/2014/ND-CP stipulating conditions for petroleum retail agents as follows:
“Article 19. Conditions for petroleum retail agents
Traders must meet all conditions The following are issued by the Department of Industry and Trade a Certificate of eligibility to act as a petroleum retail agent (hereinafter referred to as an agent):
1. The enterprise is established according to the provisions of law, and has a petroleum business registration in the Certificate of Business Registration.
2. Has an owned or leased petroleum retail store with a lease term of five (05) years or more and is granted a full Store Certificate. gasoline retail conditions as prescribed in Article 25 of this Decree (amended by Clause 15, Article 1 of Decree 95/2021/ND-CP).
3. 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.”
2. How must a petroleum retail agent prepare an application for a license?
Pursuant to Clause 4, Article 20 of Decree 83/2014/ND-CP stipulating the application for a Certificate of eligibility to act as a petroleum retail agent as follows:
– For new issuance, the application includes:
+ Application for issuance of Certificate of eligibility to act as a petroleum retail agent according to Form No. 9 in the Appendix attached to this Decree;
+ Copy of Business Registration Certificate;
+ Copy of documents proving professional training of managers and employees directly doing business as prescribed in Clause 3, Article 19 of the Decree
+ List of technical facilities serving petroleum business as prescribed in Clause 2, Article 19 of this Decree, accompanied by supporting documents;
+ Original written confirmation of the trader providing gasoline to the agent for a minimum period of one (01) year, clearly stating the type of gasoline.
– For schools In case of supplementation or amendment
In case of changes to the contents of the Certificate of eligibility to act as a petroleum retail agent, the trader must prepare a dossier and send it to the competent authority to request addition or amendment of the Certificate. The dossier includes:
+ Application for additional issuance or amendment of the Certificate of eligibility to act as a petroleum retail agent according to Form No. 9 in the Appendix attached to this Decree;
+ Original copy of the issued Certificate of eligibility to act as a petroleum retail agent;
+ Documents proving the request for supplementation or modification.
– In case of re-issuance
In case the Certificate of eligibility to act as a gasoline and oil retail agent is lost, burned, or destroyed in another form, the trader must prepare a dossier and send it to the competent authority to request the re-issue of the Certificate. The dossier includes:
+ Application for re-issuance of the Certificate of eligibility to act as a gasoline and oil retail agent according to Form No. 9 in the Appendix attached to this Decree;
+ Original or copy of the Certificate of eligibility to act as a gasoline and oil retail agent (if any).
– In case the Certificate of eligibility to act as a gasoline and oil retail agent expires, then apply. The trader must prepare documents as in the case of new issuance specified in Point a of this Clause and send them to the competent authority thirty (30) days in advance, before the Certificate expires.
3. What are the procedures for applying for a license to operate a petroleum retail agency?
Pursuant to Article 20 of Decree 83/2014/ND-CP, the procedures to apply for a license to operate a retail petroleum agency are as follows:
– After preparing the dossier, the trader sends one (01) set of dossier to the competent authority.
Place to submit the dossier: At the Department of Industry and Trade – for traders with headquarters in the area and a system of two (02) or more petroleum retail stores in one (01) province or centrally run city.
In case a trader has a system of petrol and oil retail stores in two (02) provinces or centrally-run cities or more, the Department of Industry and Trade where the trader has its head office shall preside over and coordinate with the Department of Industry and Trade where the trader has petrol and oil retail stores to issue a Certificate of eligibility to act as a petrol and oil retail agent.
– In case of insufficient valid documents, within seven (07) working days From the date of receipt of the trader’s dossier, the competent authority shall issue a written request to the trader for additional information. 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 petroleum retail agent according to Form No. 10 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 gasoline and oil retail agent has a validity period of five (05) years from the date of new issue.
– Traders who are granted a Certificate of eligibility to act as a gasoline and oil retail agent must pay fees and charges according to regulations of the Ministry of Finance. main.
– The Department of Industry and Trade has the authority to revoke the Certificate of eligibility to act as a petroleum retail agent. The certificate of eligibility to act as a petroleum retail agent is revoked in the following cases: The trader does not continue to act as a petroleum trading agent; Traders have not operated petroleum business for a period of one (01) month or more; traders go bankrupt according to the provisions of law; traders do not meet one of the conditions to act as a petroleum retail agent as prescribed in Article 19 of this Decree; Traders who repeatedly violate or repeat violations of regulations on ensuring the quantity and quality of gasoline and oil circulating on the market in this Decree and other cases prescribed by law.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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