CIRCULAR

AMENDMENTS TO AND ANNULMENT OF SOME REGULATIONS IN CIRCULARS ON PETROL AND OIL TRADING

Pursuant to the Decree No. 40/2025/ND-CP dated February 26, 2025 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 83/2014/ND-CP dated September 03, 2014 on petrol and oil trading;

Pursuant to the Government’s Decree No. 95/2021/ND-CP dated November 01, 2021 on amendments to some articles of the Government’s Decree No. 83/2014/ND-CP dated September 03, 2014 on petrol and oil trading;

Pursuant to the Decree No. 80/2023/ND-CP dated November 17, 2023 on amendments to some articles of the Government’s Decree No. 95/2021/ND-CP dated November 01, 2021 and the Government’s Decree No. 83/2014/ND-CP dated September 03, 2014 on petrol and oil trading;

At the request of the Director of the Agency for Domestic Market Surveillance and Development;

The Minister of Industry and Trade promulgates Circular on amendments to and annulment of some regulations in Circulars on petrol and oil trading.

Article 1. Amendments to some articles of the Circular No. 17/2021/TT-BCT dated November 15, 2021

1. Clause 3 Article 1 shall be amended as follows:

"Article 6. Inspection and issuance of Certificates

1. Any trader wishing to apply for a new, updated, revised or reissued Certificate of eligibility for designation as a main petrol and oil trader; Certificate of eligibility for designation as a petrol and oil distributor; Certificate of eligibility for designation as a petrol and oil retail agent; Certificate of conformance to oil and petrol retail trading regulations; or apply for an updated, revised or reissued Certificate of eligibility for designation as a general oil and petrol agent that is still valid according to regulations in point a, clause 2 Article 2 of the Decree No. 80/2023/ND-CP , shall submit an application to the Ministry of Industry and Trade or the Department of Industry and Trade, whether by courier or online, to the address given by the Ministry of Industry and Trade or the Department of Industry and Trade on its website.

2. The Ministry of Industry and Trade shall:

a) issue, update, revise or re-issue the Certificate of eligibility for designation as a main petrol and oil trader according to regulations in clause 3 Article 8 of the Decree No. 83/2014/ND-CP.

b) issue, update, revise or re-issue the Certificate of eligibility for designation as a petrol and oil distributor according to regulations in clause 3 Article 14 of the Decree No. 83/2014/ND-CP.

c) update, revise or re-issue the Certificate of eligibility for designation as a general oil and petrol agent that is still valid (running its petrol and oil distribution system in at least two (02) provinces and central-affiliated cities) according to regulations in clause 4 Article 17 of the Decree No. 83/2014/ND-CP. The validity period of the updated/revised/re-issued Certificate of eligibility for designation as a general oil and petrol agent shall be the same as that of the issued Certificate.

d) issue the Certificates according to Form No. 2 in the Appendix enclosed with the Decree No. 95/2021/ND-CP , Form No. 6, Form No. 8 in the Appendix enclosed with the Decree No. 83/2014/ND-CP on the basis of results of the application appraisal and the on-site inspection of eligibility of the trader (in case of issuance of a new certificate).”

3. The Department of Industry and Trade shall:

a) update, revise or re-issue the Certificate of eligibility for designation as a general oil and petrol agent that is still valid (running its petrol and oil distribution system in a province or central-affiliated city) according to procedures specified in clause 4 Article 17 of the Decree No. 83/2014/ND-CP. The validity period of the updated/revised/re-issued Certificate of eligibility for designation as a general oil and petrol agent shall be the same as that of the issued Certificate.

b) issue the Certificate of eligibility for designation as a petrol and oil retail agent according to regulations in clause 5 Article 20 of the Decree No. 83/2014/ND-CP.

c) issue the Certificate of conformance to oil and petrol retail trading regulations according to regulations in clause 3 Article 25 of the Decree No. 83/2014/ND-CP.

d) issue the Certificates according to Form No. 4, Form No. 8, Form No. 10 in the Appendix enclosed with the Decree No. 83/2014/ND-CP on the basis of results of the application appraisal and the on-site inspection of eligibility of the trader (in case of issuance of a new certificate).

dd) Send a document containing information on actual capacity, and operations of the local trader or the petrol and oil trading establishment as requested by the Ministry of Industry and Trade in order to serve as a basis for consideration of issuance of the Certificate of eligibility for designation as a main petrol and oil trader and the Certificate of eligibility for designation as a petrol and oil distributor.”

2. Clause 4 Article 1 shall be amended as follows:

Article 6a. Petrol and oil price regulation

1. Oil and petrol commodities of which base prices are announced by the State are oil and petrol commodities that are commonly consumed on the market, including biopetrol, petroleum, diesel, kerosene and mazut oil. The Ministry of Industry and Trade shall pick through biopetrol, petroleum, diesel, kerosene and mazut oil commodities to identify the most consumed ones as a basis to announce the base prices.

2. Report on domestically-refined petroleum production: On a regular basis, by the 29^th day of the last month of a calendar Quarter, main oil and petrol producers shall prepare domestic sales reports on oil and petrol commodities classified by types by using the Form No. 7a given in the Appendix to the Circular No. 17/2021/TT-BCT for the period from the 21^st day of the month immediately preceding the first month of the calendar Quarter to the 20^th day of the last month of the calendar Quarter for submission to the Ministry of Industry and Trade. Each report shall serve as a basis for calculation of the proportion (expressed in percent) of the domestically-refined petrol and oil production to the imported petrol and oil quantity for use in the base price formulas.

3. On the basis of data on constituents of petrol and oil base prices in accordance with regulations and written opinions on regulation of petrol and oil prices given by the Ministry of Finance, the Ministry of Industry and Trade shall publicly announce petrol and oil prices and base prices.”

3. Clause 7 Article 1 shall be amended as follows:

“Article 12. Registration of total annual minimum petrol and oil supply

1. A main petrol and oil trader shall send an application for registration of the total minimum petrol and oil supply for the subsequent year according to regulations in clause 25 of Article 1 in the Decree No. 95/2021/ND-CP to the Ministry of Industry and Trade before November 30 each year.

2. Before December 31 each year, the Ministry of Industry and Trade shall allocate the total minimum petrol and oil supply to the main petrol and oil trader for the subsequent year according to regulations in clause 24 Article 1 of the Decree No. 95/2021/ND-CP. In case of refusal, the Ministry of Industry and Trade shall send a written response clearly stating reasons for such refusal.

3. When wishing to make any change in the total minimum petrol and oil supply, the trader shall send an official dispatch to the Ministry of Industry and Trade by October 30 each year.

4. In case producers’ and traders’ total petrol and oil supplies, expected for the whole year have met the market demands, the Ministry of Industry and Trade shall make change in the total minimum petrol and oil supply allocated the traders before November 30 of the year. In case of refusal, the Ministry of Industry and Trade shall send a written response clearly stating reasons for such refusal.

5. If necessary, the Ministry of Industry and Trade shall elaborate schedule for petrol and oil import, or domestic petrol and oil purchase or increase in total minimum petrol and oil supply in order to ensure the adequate domestic supply of oil and petrol. The main petrol and oil trader shall stick to the schedule for total minimum petrol and oil supply allocated by the Ministry of Industry and Trade according to regulations.”

Article 2. Amendments to some articles of the Circular No. 38/2014/TT-BCT dated October 24, 2014

1. Clause 9a shall be added after clause 9 Article 7 as follows:

“9a. Prepare quarterly reports on use and lease of the petrol and oil terminal under the ownership of the trader according to Form No. 11 in the Appendix enclosed with this Circular; and quarterly reports on use of the petrol and oil terminal under the lease according to Form No. 12 in the Appendix enclosed with this Circular and send such reports to the Ministry of Industry and Trade and the Department of Industry and Trade of province where the trader leases the petrol and oil terminal before the 10^th of the first month of the following period.

2. Clause 7 Article 8 shall be added as follows:

“7. Prepare quarterly reports on use and lease of the petrol and oil terminal under the ownership of the distributor according to Form No. 11 in the Appendix enclosed with this Circular; quarterly reports on use of the petrol and oil terminal under the lease according to Form No. 12 in the Appendix enclosed with this Circular and send such reports to the Ministry of Industry and Trade and the Department of Industry and Trade of province where the trader leases the petrol and oil terminal before the 10^th of the first month of the following period.”

3. Clause 1 and clause 2 Article 10 shall be amended as follows:

“1. On a periodic basis, register their petrol and oil distribution system with the Department of Industry and Trade of province where the trader runs their petrol and oil distribution system before January 10, every year according to Form 1.2 in the Appendix enclosed with the Circular No. 38/2014/TT-BCT Within ten (10) working days after there is any change in this system, the trader shall send an application for modification to the Department of Industry and Trade of province where the trader runs their petrol and oil distribution system according to Form 1.2 in the Appendix enclosed with the Circular No. 38/2014/TT-BCT .”

“2. Enter into a petrol and oil retail agent contract according to regulations in Article 21 of the Decree No. 83/2014/ND-CP and clause 7 Article 1 of the Decree No. 80/2023/ND-CP.

a) In case the trader enters into petrol and oil retail agent contracts with 02 or 03 traders that are main petrol and oil traders or petrol and oil distributors, the trader shall make a report on revisions to such agent contracts and send the report to a competent authority to propose revisions to Certificates in accordance with regulations in point b clause 4 Article 20, point b clause 2 Article 25 of the Decree No. 83/2014/ND-CP in order to revise petrol and oil supplier information included in the Certificate of eligibility for designation as a petrol and oil retail agent and the Certificate of conformance to oil and petrol retail trading regulations.

b) In case the trader only having 01 retail petrol and oil station enters into petrol and oil retail agent contracts with 02 or 03 traders that are main petrol and oil traders or petrol and oil distributors, the trader shall make an application for revisions to the Certificate specified in point b clause 2 Article 25 of the Decree No. 83/2014/ND-CP in order to revise petrol and oil supplier information included in the Certificate of conformance to oil and petrol retail trading regulations.

c) Comply with regulations on design in signboards of retail petrol and oil stations owned by the trader according to clause 7 Article 21, clause 4 Article 26 of the Decree No. 83/2014/ND-CP.

d) Comply with regulations on control of quality of petrol and oil in accordance with clause 4, clause 10 Article 21 of the Decree No. 83/2014/ND-CP , take responsibility for supervision and management of measurement, quality and construction, application and maintenance of efficiency in their quality control system.”

4. Clause 1 Article 11 shall be amended as follows:

“1. On a periodic basis, register their petrol and oil distribution system with the Department of Industry and Trade of province where the franchisee runs their petrol and oil distribution system before January 10, every year according to Form 1.2 in the Appendix enclosed with the Circular No. 38/2014/TT-BCT. Within ten (10) working days after there is any change in this system, the franchisee shall send an application for modification to the Department of Industry and Trade of province where the franchisee runs their petrol and oil distribution system according to Form 1.2 in the Appendix enclosed with the Circular No. 38/2014/TT-BCT .”

5. Clause 5a shall be added after clause 5 Article 19 as follows:

“5a. Provincial Departments of Industry and Trade shall inspect and supervise execution of petrol and oil terminal lease contracts, volume of petrol and oil imported and exported through petrol and oil terminals leased by petrol and oil traders within their provinces.

If these traders fail to use the leased petrol and oil terminals under the signed contracts, Provincial Departments of Industry and Trade shall immediately send reports to the Ministry of Industry and Trade for cooperation in management.”

6. Form No. 11 and Form No.12 in the Appendix of this Circular shall be added after Form No. 10 in the Appendix of the Circular No. 38/2014/TT-BCT .

Article 3. Annulment of some articles of the Joint Circular No. 39/2014/TTLT-BCT-BTC dated October 29, 2014

Articles 10, 11, 12 and 13 of the Joint Circular No. 39/2014/TTLT-BCT-BTC dated October 29, 2014 of the Minister of Industry and Trade and the Minister of Finance shall be annulled.

Article 4. Responsibility for implementation

1. This Circular comes into force from May 02, 2025.

2. Any difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade in writing or via email: [email protected] for receipt, consideration and settlement./.