Lawyer Nguyen Thu Trang (Hung Dao Thang Long Law Office) said:
Article 21 of Decree 83/2014/ND-CP stipulates the rights and obligations of petroleum retail agents, including:
- Retail gasoline at its retail gasoline stores at retail prices set by the wholesale trader or gasoline distributor.
To trade in petroleum as an agent for a general agent or petroleum distributor or wholesale trader and receive an agent's commission.
- Only one (01) general agent or one (01) petroleum distributor or one (01) main trader may sign a contract to act as a retail agent for gasoline. If the general agent or petroleum distributor or main trader does not trade in biofuels, the agent may sign an additional contract to act as an agent for one (01) general agent or one (01) petroleum distributor or one (01) other main trader solely to trade in biofuels.
- A trader who has signed a contract to act as an agent for a general agent or a petroleum distributor or a wholesale trader is not allowed to sign an additional contract to act as an agent for another general agent or petroleum distributor or wholesale trader.
The agent must be within the distribution system of the general agent or petroleum distributor or wholesale trader and be under the control of that trader.
- Responsible for the quality, quantity, and listed price of gasoline and oil sold according to regulations.
- Implement a document recording regime suitable for the business form of an agent according to regulations of the Ministry of Finance.
- Comply with the provisions of law 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 main trader or petroleum distributor, it must be done by contract in accordance with the Law on Intellectual Property.
- The selling time of the retail gasoline store owned by the trader must be registered with the local Department of Industry and Trade that issued the Certificate of eligibility to retail gasoline to that store.
- Must register the distribution system with the local Department of Industry and Trade where the trader has the distribution system.
Must send information about its distribution system to the principal, which is a general agent or petroleum distributor or wholesale trader, to register the distribution system with the competent state management agency.
- Must build, apply and maintain an effective quality management system.
Accordingly, oil prices at retail gasoline agents are regulated by wholesale traders or gasoline distributors.
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