VCCI recommends removing the regulation that retail gasoline agents must liquidate contracts before changing suppliers.

DNVN - Commenting on the Draft Circular amending, supplementing and abolishing a number of regulations in the Circulars regulating petroleum trading, VCCI proposed to adjust the regulations in the direction of removing the regulation that retail agents must liquidate contracts before changing suppliers.

The Ministry of Industry and Trade is seeking comments on the Draft Circular amending, supplementing and abolishing a number of regulations in the Circulars regulating petroleum trading (Draft).

Regarding the procedures for retail gasoline agents to change suppliers in this draft, the Vietnam Federation of Commerce and Industry (VCCI), based on the opinions of businesses and associations, has made some suggestions.

Article 2.4 of the Draft (amending Article 10.2 of Circular 38/2014/TT-BCT) stipulates that in case a retail agent imports goods from three sources, if it wants to change the supplier (the principal), it must liquidate the contract with "the current principals".

Citing feedback from the business community, VCCI said that this regulation is not really reasonable and transparent.

The Ministry of Industry and Trade is seeking comments on the Draft Circular amending, supplementing and abolishing a number of regulations in the Circulars regulating petroleum trading.

First, requiring the retailer to terminate the contract before changing suppliers will give the suppliers the power to influence the change. If the principal does not cooperate by not signing the termination document, the retailer will not be able to change suppliers.

"In reality, changing suppliers often comes from the wishes of the retail agent rather than the wishes of the principal. Allowing retail agents to import goods from multiple sources and change suppliers is a big step forward of Decree 80 to increase competition in the petroleum market, helping to ensure the rights of retail agents to avoid being forced to discount too low by the principal. Therefore, the above regulation may reduce the flexibility and initiative of retail agents in the spirit of Decree 80", VCCI said.

Second, the requirement to terminate contracts with “existing principals” is confusing. This provision can be understood as meaning that the retail agent must terminate contracts with all three principals before signing a contract with a new party. In addition, this provision is also confusing as it is unclear whether retail agents must present a contract termination document when applying for a gasoline business license adjustment.

Based on the above analysis, VCCI recommends that the drafting agency adjust the regulation in the direction of removing the regulation that retail agents must liquidate contracts before changing suppliers. Retail agents self-declare and are responsible for complying with the regulation of importing goods from a maximum of three sources. State agencies conduct post-inspections to handle violations.

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Source: https://doanhnghiepvn.vn/kinh-te/chinh-sach/vcci-kien-nghi-bo-quy-dinh-dai-ly-ban-le-xang-dau-phai-thanh-ly-hop-dong-truoc-khi-thay-nha-cung-cap/20241014092331349