On November 17, 2023, the Government issued Decree 80/2023/ND-CP amending and supplementing a number of articles of Decree 95/2021/ND-CP and Decree 83/2014/ND-CP on economic petroleum business.
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Specifically, Decree 80/2023/ND-CP stipulates that traders who have been granted a Certificate of eligibility to act as a general petroleum trading agent can continue to operate according to regulations on general trading agents. petroleum business in Decree 95/2021/ND-CP and Decree 83/2014/ND-CP until the Certificate of eligibility to act as a general agent for petroleum trading expires.
Except for the cases specified above, the regulations on general agents in Decree 95/2021/ND-CP and Decree 83/2014/ND-CP will no longer be effective from November 17, 2023.
Thus, from October 17, 2023, there will no longer be a new Certificate of eligibility to act as a general agent for petroleum trading. Traders who are currently acting as general agents of petroleum can continue to operate until their Certificate of Certification expires.
Photo 1. From November 17, 2023, the type of general petroleum trading agency will be abolished_ Hotline: 097 211 8764
Rights and obligations of general petroleum trading agents are also allowed to operate:
- To trade in petroleum as an agent for a key trader and receive agent remuneration;
- To do petroleum business in the form of being an agent for petroleum retail agents in its distribution system and paying agent remunerations to those agents;
- To retail gasoline and oil at their own gasoline retail stores at the retail price set by the wholesaler;
- Only sign a contract to act as a general agent for one (01) key trader. If that key trader does not trade in biofuels, he/she may sign an additional contract to act as a general agent for another (01) key trader to only trade in biofuels;
- A trader who has signed a contract to act as a general agent for a key trader is not allowed to sign an additional contract to act as an agent for another general agent or other key trader;
- Responsible for the quality, quantity, and price of gasoline sold throughout its distribution system according to regulations;
- Only allowed to rent warehouses and petroleum transport vehicles from traders providing petroleum services;
- Implement a document recording regime consistent with the business form of being an agent in petroleum trading stages according to regulations of the Ministry of Finance;
- Comply with legal regulations on fire prevention, fighting and environmental protection during business operations;
- In addition to hanging the trader's signboard according to current regulations, if using the trade name, symbol (logo), trademark, or commercial indication of the focal trader, it must be done with an appropriate contract. with Intellectual Property Law;
- Check and monitor agents' activities in their distribution system. Jointly responsible for violations of agents in petroleum business activities according to current provisions of law;
- Responsible for checking and monitoring the journey of vehicles transporting gasoline from the place of delivery or receipt to the place of receiving or delivering gasoline;
- Must register the sales time of the gasoline retail store owned by the trader with the local Department of Industry and Trade where the Certificate of store qualified to retail gasoline is issued to that store;
- Must register the distribution system with the local Department of Industry and Trade where the trader has a distribution system;
Must send information about their distribution system to the principal trader to register the distribution system with the Ministry of Industry and Trade;
- Must build, apply and maintain an effective quality management system.
Thus, general petroleum trading agents that are still allowed to operate must still fully implement the above rights and obligations.
Decree 80/2023/ND-CP takes effect from October 17, 2023
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