Amending, supplementing and abolishing some regulations on petroleum business

Supplementing regulations on reporting on the use of petroleum depots

In order to implement a number of regulations on petroleum trading that have just been issued by the Government in accordance with the practice of State management and petroleum trading activities in Vietnam, on March 13, 2025, the Ministry of Industry and Trade issued Circular No. 18/2025/TT-BCT on amending, supplementing and abolishing a number of regulations in the Circulars regulating petroleum trading.

One of the highlights of Circular 18/2025/TT-BCT is the addition of regulations on reporting on the use of petroleum warehouses applicable to petroleum wholesalers and petroleum distributors who own petroleum warehouses for lease and rent petroleum warehouses; assigning the responsibility of state management on the use of warehouses.

Specifically, for traders who are key traders in petroleum business, petroleum distributors with owned petroleum warehouses for lease to other petroleum traders, they are responsible for periodically reporting quarterly on the situation of warehouse usage and warehouse leasing according to the issued Form to the Ministry of Industry and Trade and the Department of Industry and Trade in the area where the trader leases the warehouse before the 10th of the first month of the following period.

Accordingly, the information to be reported includes: name and address of the warehouse; total warehouse capacity; name and address of the trader renting the warehouse, tank, rental capacity, and output of gasoline and oil through the warehouse during the reporting period.

For key traders in the petroleum business, petroleum distributors who rent warehouses to serve their petroleum business activities are responsible for periodically reporting quarterly on the use of rented warehouses according to the issued form to the Ministry of Industry and Trade and the Department of Industry and Trade in the area where the trader rents the warehouse before the 10th of the first month of the following period.

Information to be reported includes: name and address of the rented warehouse; name and owner of the rented warehouse, tank, rental capacity; total output of gasoline and oil through the warehouse during the reporting period.

The Department of Industry and Trade of provinces and centrally-run cities will inspect and monitor the implementation of warehouse lease contracts, the volume of imported and exported petroleum through the warehouses of petroleum traders renting warehouses in the area.

At the same time, it is stipulated that in case a trader is found to be not using the rented warehouse according to the signed contract, it must promptly report to the Ministry of Industry and Trade for coordinated management.

Regulations on retail agents of gasoline when signing contracts to become retail agents of gasoline

Along with that, Circular No. 18/2025/TT-BCT also regulates the retail sale of gasoline and oil by gasoline and oil retail agents when signing contracts to become retail sales agents of gasoline and oil.

In case a trader signs an agency contract with two or three traders who are key traders in the petroleum business or traders distributing petroleum, the trader shall prepare a report on changes and supplements to the agency contract and send it to the competent authority to request the issuance of additional or amended Certificates as prescribed in Point b, Clause 4, Article 20, Point b, Clause 2, Article 25 of Decree No. 83/2014/ND-CP to amend or supplement information about the trader supplying petroleum in the Certificate of eligibility to act as a petroleum retail agent and the Certificate of eligible petrol retail store.

In the case where a trader has only one retail petrol station and signs a petrol agency contract with two or three traders who are main petrol traders or petrol distributors, the trader must prepare a dossier requesting the issuance of a supplementary or amended Certificate of Confirmation as prescribed in Point b, Clause 2, Article 25 of Decree No. 83/2014/ND-CP to amend or supplement information about the petrol station supplier in the Certificate of qualified petrol station.

Supplementing regulations on gasoline price management mechanism

In addition, to improve the process of managing gasoline prices according to current legal documents, newly issued legal documents and the Conclusions of inspection and examination agencies, and current practice of managing gasoline prices, Circular No. 18/2025/TT-BCT dated March 13, 2025 has added regulations on the mechanism for managing gasoline prices.

Specifically: “Based on data on the elements constituting the base price of gasoline and oil according to regulations and written opinions on gasoline and oil price management from the Ministry of Finance, the Ministry of Industry and Trade announces the base price and selling price of gasoline and oil.”

The Circular also amends and supplements regulations on inspection and issuance of Confirmation Certificates and Certificates.

In particular, the regulation on inspection and issuance of Certificate of eligibility to act as a general agent for petroleum trading is removed: According to the provisions of Point a, Clause 2, Article 2 of Decree 80/2023/ND-CP, traders who have been granted a Certificate of eligibility to act as a general agent for petroleum trading may continue to operate until the Certificate of eligibility to act as a general agent for petroleum trading expires.

Thus, for general petroleum agents whose Certificate of Confirmation is still valid, during the operation, no administrative procedures for new issuance are required and only the procedures for amending, supplementing and re-issuing the Certificate of eligibility to act as a general petroleum agent are retained.

Abolish regulations on the Inter-sectoral Group to manage gasoline prices

In order to meet the requirements of state management on registration, allocation, and adjustment of the minimum total petroleum source limit for petroleum traders in a specific, clear, fair, and feasible manner according to the Conclusion of the Government Inspectorate, the Circular has been reviewed and supplemented with requirements on the time limit for registration, allocation, and adjustment of total sources, and at the same time, supplemented with regulations that petroleum traders must ensure the progress of importing or purchasing domestic petroleum according to regulations.

If necessary, in order to ensure the supply of gasoline for the domestic market, the Ministry of Industry and Trade shall specify the schedule for importing and purchasing domestic gasoline or increase the total minimum gasoline source for traders to implement.

This Circular abolishes the regulation on the Inter-sectoral Group for managing gasoline prices stipulated in Joint Circular No. 39/2014/TTLT-BCT-BTC regulating the method of calculating base prices; the mechanism for forming, managing, and using the Price Stabilization Fund and managing gasoline prices as stipulated in Decree No. 83/2014/ND-CP dated September 3, 2014 of the Government on gasoline trading.

PV

Source: https://baohanam.com.vn/kinh-te/thuong-mai-dich-vu/sua-doi-bo-sung-bai-bo-mot-so-quy-dinh-ve-kinh-doanh-xang-dau-155840.html