ORDER AND PROCEDURES FOR PETROL AND OIL IMPORT-EXPORT BUSINESS PERMITS

Petroleum is one of the essential commodities to serve the daily life of people, so the petroleum business is becoming more and more popular when the demand for travel and travel is higher and higher. Obtaining a petroleum business license is more complicated than obtaining a regular business license. Below, the lawyer asks for detailed advice on the order and procedures for obtaining a petrol and oil business license.

Bùng nổ đầu mối nhập khẩu xăng dầu

Firstly, what is gasoline business?
Clause 2, Article 3 of Decree No. 83/2014 / ND – CP, stipulating petrol and oil trading includes the following activities:
+ Export (petroleum, domestically-produced raw materials and imported raw materials), import, temporary import for re-export, border-gate transfer, processing and export of petrol and oil;
+ Production and preparation of petrol and oil;
+ Petroleum distribution in the domestic market; warehousing services, ports, receiving, storage and transportation of gasoline.

 Second, the conditions and procedures for obtaining a petrol and oil import and export license:

– Business conditions:
+ Enterprises established under the provisions of law.
+ Having a specialized wharf within Vietnam’s international port system, capable of receiving petroleum tankers or other petrol and oil transport means with a minimum tonnage of seven thousand tons (7,000 tons), owned by enterprises or co-owners or leased use from five (05) years or more.
+ Having a petrol and oil depot with an import capacity of at least fifteen thousand cubic meters (15,000 m3) for directly receiving petroleum from petrol tankers and other specialized petrol and transport means, owned by enterprises or co-ownership or hire of petrol and oil service traders from five (05) years or more.
+ Having domestic petrol and oil transport means owned by enterprises or co-owned or leased from petrol and oil service traders for five (5) years or more.
+ Having a petrol and oil distribution system: At least ten (10) retail shops owned or owned and co-owned by enterprises, at least forty (40) general agents or petrol and retail agents under the distribution system of the trader.
+ Traders exporting and importing aviation fuel are not required to have a distribution system of at least ten (10) retail shops owned or owned and co-owned by enterprises, at least forty (40) General agents or petrol and oil agents of traders’ distribution systems. but must have means of refueling owned or co-owned by traders.

– A dossier of application for a petrol and oil import and export license:
The Ministry of Industry and Trade is competent to grant, supplement, amend and re-grant petrol and oil import and export licenses to traders that fully meet the above-prescribed conditions:
For new grant cases, a dossier comprises:
– An application for a petrol and oil import and export license, made according to Form No. 1 in the Appendix to this Decree (not printed herein);
– Copy of enterprise registration certificate;
– A list of technical and material bases in service of petrol and oil trading as prescribed in Clauses 2, 3 and 4, Article 7 of Decree No. 83/2014 / ND-CP, enclosed with supporting documents;
– List of petrol and oil retail shops owned or owned by, co-owners, lists of general agents and agents of petrol and oil distribution systems of traders under Clause 5, Article 7 of Decree No. 83 / 2014 / ND-CP, accompanied by supporting documents.
For cases of additional or modification:
In case of changes in the contents of a petrol and oil import and export license, a trader must make a dossier and send it to the Ministry of Industry and Trade for requesting the amendment and / or modification of the license. Profile include:
– An application for a supplement or modification of petrol and oil import and export license, made according to Form No. 1 in the Appendix to this Decree No. 83/2014 / ND-CP;
– The original of a petrol and oil import and export license granted;
– Documents proving that the request is supplemented or modified.
For reissued case
In case a petrol and oil import and export license is lost, burnt or otherwise destroyed, the trader must compile and send a dossier to the Ministry of Industry and Trade requesting the re-grant of the license. Profile include:
– An application for re-issuance of a petrol and oil import and export license, made according to Form No. 1 in the Appendix to Decree No. 83/2014 / ND-CP
– Original or copy of petrol and oil import and export license (if any)
In case the petrol and oil import and export license expires, the trader must compile the dossier as for the newly granted case and send it to the Ministry of Industry and Trade before thirty (30) days before License expired.
– Procedures for grant of a petrol and oil import and export license:
+ Traders send one (01) set of documents to the Ministry of Industry and Trade.
+ In case of insufficient valid documents, within seven (07) working days from the date of receiving traders’ dossiers, the Ministry of Industry and Trade shall request in writing the traders to supplement.
– Within a time-limit of thirty (30) working days from the date of receipt of a valid file, the Ministry of Industry and Trade shall consider, appraise, and issue the license for petrol and oil import and export business according to Form No. 2 in the Appendix attached to this Decree to traders. In case of refusal to grant a license, the Ministry of Industry and Trade must reply in writing and clearly state the reasons.

– Some notes about petrol and oil import and export licenses:
+ Petrol and oil import and export license is valid for five (05) years from the date of issuance.
+ Traders who are granted petrol and oil import and export licenses shall pay fees and charges according to the Finance Ministry’s regulations.
+ The Ministry of Industry and Trade is competent to revoke the petrol and oil import and export license. Petrol and oil import and export licenses are withdrawn in the following cases: Traders do not continue petrol and oil import and export activities for one (1) quarter or more; the trader goes bankrupt according to the provisions of law; traders fail to meet the conditions for export and import business according to Article 7 of Decree No. 83/2014 / ND-CP; Traders do not reserve petroleum in accordance with Article 31 of Decree No. 83/2014 / ND-CP; a trader commits repeated violations or re-violates the regulations on assurance of quality of petrol and oil circulated in the market in this Decree and other cases as prescribed by law.
Above are some advice of the Lawyer on the order and procedures for obtaining a petrol and oil import and export license. Please contact us at hotline 0982.466.166 or email phapluatdoanhnghiepso1@gmail.com when you need support.

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