On November 1, 2021, the Government issued Decree No. 95/2021/ND-CP amending and supplementing a number of articles of Decree No. 83/2014/ND-CP dated September 3, 2014 on petrol trading & oil. In which, conditions have been revised for traders doing business in exporting and importing petrol and oil; petrol retail stores. Decree No. 95/2021/ND-CP takes effect from January 2, 2022.
According to Decree No. 95/2021/ND-CP, petrol and oil importers and exporters must have a petrol and oil distribution system.
Specifically, there must be at least 10 petrol and oil retail stores owned or rented with a lease term of 5 years or more, of which at least 5 stores are owned by businesses; There are at least 40 petrol and oil general agents or petrol retailers or petrol and oil retail franchisees under the trader's distribution system.
For aviation fuel traders, the Decree stipulates that the distribution system specified above is not required, but must also satisfy the condition of having means of transport, aviation fuel tankers by regulations and standards of aviation fuel products are owned or rented with a lease term of 5 years or more.
At the same time, there must be a receiving warehouse at the airport with equipment and facilities that meet the standards of aviation fuels owned or leased with a lease term of 5 years or more, Having a qualified testing laboratory owned or rented to check the quality of aviation fuel items according to national and international standards according to current regulations.
For petroleum retail agents, Decree No. 95/2021/ND-CP stipulates that a petroleum retail store owned or leased with a lease term of 5 years or more shall be issued with a certificate of petroleum retail eligibility as prescribed in Article 25 of the Decree.
Besides, petrol and oil retail stores must be owned or leased with a lease term of 5 years or more by a trader who is a petrol and oil retail agent or a general petrol and oil trading agent or by a petrol and oil retailer franchisee or petrol and oil distribution traders or petrol and oil main traders or petrol and oil production key traders having distribution systems as prescribed in this Decree (traders applying for issuance must have their names on the Certificate of Eligible petrol and oil retail shops). In the case of renting petrol and oil retail stores, the lessee traders must have their names on the Certificate of eligibility for petrol and oil retail stores.
According to Decree No. 95/2021/ND-CP, petrol and oil traders have been granted a license to do business in exporting and importing petrol and oil, Certificates of petrol and oil trading, Certificate of eligibility for petrol and oil retail stores may continue to operate under the conditions specified in Decree No. 83/2014/ND-CP until the Licenses, Certifications, Certificates expire or there is a change in the conditions for petrol and oil trading.
For dossiers of application for new issuance, reissue of petroleum export and import business licenses, certificates of eligibility for petroleum trading, certificates of petroleum retail eligibility stores sent to the competent authorities in full and valid before the date of the decree amended, supplementing decree No. 83/2014/ND-CP, applying the conditions on petroleum trading as prescribed in Decree No. 83/2014/ND-CP.
For cases of submission of dossiers for issuance of licenses, certificates, and other certificates, applicable following the Decree amending and supplementing Decree No. 83/2014/ND-CP.
Collected from the source
Viet Hoang