Chương IV Nghị định 19/2016/NĐ-CP: Trình tự, thẩm quyền cấp giấy chứng nhận đủ điều kiện kinh doanh khí

Chapter IV

PROCEDURES AND AUTHORITY TO GRANT CERTIFICATE OF ELIGIBILITY FOR GAS BUSINESS

Article 42. Types of Certificate of Eligibility for gas business

Types of Certificates of Eligibility for gas business are as follows:

1. Certificate of Eligibility for LPG/LNG/CNG import/export.

2. Certificate of Eligibility for LPG/LNG/CNG Distribution

3. Certificate of Eligibility for LPG bottling.

4. Certificate of Eligibility for LPG/CNG/LPG vehicle filling .

5. Certificate of Eligibility to operate LPG/LNG/CNG filling station.

6. Certificate of Eligibility for LPG general agent.

7. Certificate of Eligibility for LPG agent.

8. Certificate of Eligibility to Sell LPG to bottled LPG shops.

Article 43. Procedures for granting Certificates of Eligibility

1. The trader shall submit 01 application for the Certificate of Eligibility to the competent State authority directly or by post. Documents requested in an application:

a) Application form for the Certificate of Eligibility using the prescribed form.

b) A copy of certificate of enterprise/collective/household business registration;

c) Documents as proof of satisfying requirements set forth in Chapter II hereof.

2. Where the application is invalid, the competent State authority shall request the applicant to complete his/her application in writing within 07 working days from the date of receipt.

3. Within 30 working days from the date of receipt of the valid application, the competent State authority shall review, appraise and grant the Certificate of Eligibility to the applicant. In case of rejection, the competent State authority shall send the applicant a written notice in which reasons for rejection shall be specified.

4. The Certificate of Eligibility shall be valid for 05 years from the date of issue.

5. Where the LPG agent that obtained the Certificate of Eligibility has only 01 bottled LPG shop or 01 LPG distribution station or 01 LPG filling station for vehicles shall be exempted from the application for the new Certificate of Eligibility for LPG agent.

6. Any applicant granted the Certificate of Eligibility shall be charged under current provisions of laws on fees and charges.

Article 44. Authority to grant Certificates of Eligibility

1. The Ministry of Industry and Trade has the authority to grant Certificates of Eligibility prescribed in clauses 1 and 2, Article 42 hereof.

2. The Departments of Industry and Trade has the authority to grant Certificates of Eligibility prescribed from clauses 3 through 8, Article 42 hereof.

3. The People’s Committees of districts has the authority to grant the Certificate of Eligibility for selling bottled LPG if they are authorized by People’s Committees of provinces.

Article 45. Re-grant, adjustment, extension and revocation of Certificates of Eligibility

1. The Certificate of Eligibility shall be re-issued if it is wrong, lost or damaged. The contents and effective period of the new Certificate shall be the same as that of the previous one. The new Certificate of Eligibility shall replace the wrong, lost or damaged Certificate.

The application for re-grant of the Certificate of Eligibility includes: a request for re-grant of the Certificate of Eligibility using the existing form; the wrong or damaged Certificate of Eligibility (not applying to lost Certificates). Within 07 working days from the date of receipt of the valid application, the competent State authority shall re-grant the Certificate of Eligibility to the applicant.

2. The Certificate of Eligibility shall be adjusted if any change in business line registration, addresses; operation scale or conditions or information related to whom the registration is made in his/her name.

The application for adjustment includes: A request for adjustments to the Certificate of Eligibility using the prescribed form; Documents related to adjustments.

Within 07 working days from the date of receipt of the valid application, the competent State authority shall grant the adjusted Certificate of Eligibility to the applicant. The effective period shall remain unchanged.

3. The Certificate of Eligibility is entitled to be extended as it expires.

The application for extension includes: A request for extension of the Certificate of Eligibility using the existing form; a commitment to satisfy requirements for the Certificate using.

Within 07 working days from the date of receipt of the valid application, the competent State authority shall grant the extension of Certificate of Eligibility to the applicant. The Certificate of Eligibility is entitled to be extended only once with the extension of 05 years.

4. Certificates of Eligibility shall be revoked if:

a) The application for the Certificate of Eligibility is falsified;

b) The applicant no longer satisfies or fails to satisfy prescribed requirements;

c) The applicant lets out his/her Certificate to someone else or adjusts the contents of the Certificate without prior consent;

d) The business is shut down;

dd) The Certificate is granted ultra vires

The competent State authority that grants the Certificate has the power to revoke them. The trader whose Certificate is revoked shall submit the Certificate and all copies of the Certificate to the competent State authority within 07 working days from the date of issue of the revocation decision.