Chapter V
GAS BUSINESS MANAGEMENT
Article 46. Responsibilities of gas traders
Gas wholesalers shall:
1. Ensure the sufficiency of gas within the distribution channel; guarantee that gas quality satisfying the current regulations; contribute to stability of domestic production and consumption and against commercial frauds.
2. Notify the adjusted selling prices to competent authorities where the distribution channel is located; go through price registration and announce LPG prices as the State stabilizes gas prices under provisions of Price Law and relevant legal documents.
3. Label and announce goods quality standards; comply with regulations on quality and measuring control.
4. Decide the distribution channel transaction name and logo; get the nameplate conformable to provisions of laws.
5. Buy liability insurances for all types of gases sold to customers
6. Supervise and inspect the compliance with provisions of this Decree and regulation on quality and measurement and other relevant laws on gas business by their distribution channel; equip workers and officers with individual protective equipment; undergo the inspection and supervision of competent authorities.
7. Formulate and apply quality control systems.
8. Guarantee that gas auxiliary associated equipment that operates and is used at gas business facilities satisfies quality standards and origin and technical regulations.
9. Develop business facilities and distribution channels in accordance with the trader’s business model and regulations of laws.
10. Detect, recall or destroy LPG bottles that fail to satisfy requirements for being on the market under provisions of laws and report the competent authority about LPG bottles that are banned from the market; install and provide customers with instructions on gas safety.
11. Register for free sales, test and re-test gas bottles; pay taxes or fees (if any) and manage LPG management under provisions of laws.
12. Refund deposits on LPG bottles to customers if they no longer use LPG bottles.
13. LPG general agents/agents shall return LPG bottles (including the LPG bottle records) to LPG wholesalers as the contract is settled.
Article 47. Transparency of gas trading
1. The Ministry of Industry and Trade shall publish the list of gas importers and exporters; and list of gas distributors on their portal website.
2. Gas importers/exporters/distributors shall comply with laws on prices management and publish the retail price and gas distributional channel on their website or on means of mass media
3. LPG general agents and LPG agents shall submit the schedule of retail prices to the Department of Finance and Department of Industry and Trade where the LPG business facility is located under laws on prices.
Article 48. Gas temporarily import, gas export and transit of gas
1. Only gas wholesalers satisfying requirements set in this Decree are allowed to temporarily import gas for re-export and export gas; gas shall be temporarily imported or exported in accordance current provisions of laws.
2. Gas export or import for re-export shall be paid in any kind of foreign currency that may be exchanged at banks. Wholesalers temporarily importing gas or exporting gas shall comply with laws on import-export tax and other relevant laws.
3. The transit of gas from a foreign country to another foreign country shall be made in compliance with relevant current laws.
4. The transit of gas from a foreign country to Vietnam shall be made in accordance with current relevant laws and Treaties of goods transit between the Government of the Socialist Republic of Vietnam and other countries.
Article 49. Gas Reservation
1. Every LPG and LNG wholesaler shall maintain the LPG/LNG reserve equal to the volume of LPG/LNG distributed for at least 15 days to their distribution channel.
2. Every LPG general agent and agent shall reserve a volume of LPG equal to that distributed for at least 03 days.
Article 50. Gas selling prices
The gas selling price shall be decided by gas wholesalers after paying all taxes and fees (if any) under the State-controlled market price regulation in accordance with provisions of laws. The gas wholesalers shall follow price stability strategies announced by competent authorities under current regulations of laws.
Article 51. Gas quality and gas measurement control
1. Gas trader are allowed to sell and purchase only gases whose quality is conformable to current national technical regulations and applicable standards; and do not allowed to import or sell gases that may negatively affect environment and human health.
2. Gas traders shall comply with current regulations on gas quality control and gas measurement during the importation, producing, processing , storage, delivery, carriage and selling; and be responsible for gas quality and volume and weight of the distribution channel.
3. Where any type of gases is not governed by regulations of laws, gas importers, exporters, producing and processing entities shall guarantee that it is conformable to applicable standards (baseline standards, Vietnam standards or international standards)
4. People’s Committees of provinces shall direct and inspect the measurement and quality of gases within the province; deal with violations against regulations on gas measurement and gas quality and other types of frauds affecting the market in accordance provisions of laws.
Article 52. Responsibilities of regulatory bodies and People’s Committees of provinces
In addition to responsibilities specified above, every regulatory body and People’s Committee of province, within the jurisdiction, shall take responsibilities as follows:
1. The Ministry of Industry and Trade shall:
a) Promulgate regulations on LPG agents, distribution channel and label reports; provide instructions on application for grant re-grant adjustment and extension of Certificates of Eligibility; release regulations on registration of specialized gas import, producing and processing; cooperate with the People’s Committees of provinces to inspect and supervise the compliance with this Decree by gas traders.
b) Inspect and supervise the compliance with provisions of gas trading of nationwide gas business facilities, set up distribution channels under laws on HSE; inspect the issue of Certificate of Eligibility under provisions hereof and other legal documents.
c) Take charge of and cooperate with relevant agencies to issue technical regulations on gas filling stations, gas distribution stations and LPG auxiliary equipments including LPG cooking, hoses, pipelines, LPG pressure regulator, LPG bottle valves and CNG auxiliary equipment.
2. The Ministry of Science and Technology shall:
a) Take charge of and cooperate with relevant agencies to formulate, amend and complete the national gas technical regulations and standards; complete the legislative documents on gas quality and gas measurement; manage and inspect the measurement and quality control of gas producing, processing, import, blending, delivery, carriage and selling in the market.
b) Provide instructions on testing and calibration of gas measuring instruments under current laws on measurement
c) Inspect and certify gas quality for gases initially launched into the market by gas producing and processing entities.
d) Release regulations on addition of substances to blend gases; and the application of gas quality control and gas testing laboratory management; provide gas wholesalers with instructions on gas blending registration.
3. The Ministry of Finance shall:
Take charge of and cooperate with the Ministry of Industry and Trade to inspect and supervise the compliance with laws on prices by gas wholesalers.
b) Decide the fixed deposit and depreciation period for each type of LPG bottles.
c) Stipulate and provide instruction on gas pricing under laws on prices.
4. The Ministry of Transport shall:
Take charge of and cooperate with relevant agencies to formulate, amend and complete the national technical regulations and standards on gas import/export ports and vehicles for transport of gas.
5. The Ministry of Construction shall:
Take charge of and cooperate with relevant agencies to instruct and inspect the construction of gas works by People’s committees of provinces under current Laws on Construction and guidance documents.
6. The Ministry of Public Security shall:
a) Be responsible for the State management of security, community order and fire protection of gas production facilities and gas business facilities nationwide. Instruct Police authorities to inspect the compliance of regulations on community security and order and fire protection by gas production and business facilities under current provisions of laws.
b) Inspect and supervision the compliance with requirements prescribed in clause 2, article 40 and Clause 3 of Article 41 hereof by the gas carriers.
c) Provide training in fire protection for officers and workers of gas production and business facilities.
7. The Ministry of Labor, War Invalids and Social Affairs shall:
Direct and inspect the HSE of gas business facilities under current provisions of laws.
8. The Ministry of Environment and Natural Resources shall:
Take charge of and cooperate with relevant agencies to inspect and supervise the compliance with laws on environmental protection by gas production and business facilities.
9. People’s Committees of provinces shall:
a) Direct and inspect gas quality and measurement, fire protection and environmental protection of gas production and business facilities within the province under provisions of laws; prevent the commercial frauds and stabilize gas market.
b) According to the socio-economic development and requirements for State management in the provinces, the People’s Committees of province shall authorize the People’s Committees of districts to issue Certificates of Eligibility for liquefied petroleum gas trading to bottled LPG business facilities according to the competence of assessment and verification of requirements for bottled PLG business facilities; develop the route map for conversion of bottled LPG shops to dedicated LPG business facilities.
Tìm kiếm
Nghị định 19/2016/NĐ-CP (Bản Word)
Nghị định 19/2016/NĐ-CP (Bản Pdf)