Chương IV: Nghị định 83/2014/NĐ-CP về kinh doanh xăng dầu Điều khoản thi hành

Chapter IV

IMPLEMENTATION PROVISIONS

Article 41. Transitional provisions

1. Petrol and oil traders that have obtained petrol and oil import or export licenses or certificates of eligibility for petrol and oil trading for their petrol and oil retail stations before the effective date of this Decree are not required to carry out procedures to apply for new licenses or certificates.

2. For petrol and oil importers and exporters:

a/ Those compiling dossiers of application for petrol and oil import or export licenses shall strictly comply with the provisions of this Decree on ownership or lease of depots and vehicles;

b/ In case their import or export licenses expire during the period of implementation of the roadmap prescribed in Clauses 3 and 4, Article 7 of this Decree, key traders may continue to rent vehicles from other key traders for domestic petrol and oil transportation for two (2) years and rent depots from other key traders for three (3) years after the effective date of this Decree;

c/ Key traders currently engaged in import or export business under their licenses shall implement their schedules of investment in petrol and oil retail stations and quality testing laboratories from the effective date of this Decree; shall complete schedules of owning vehicles or renting vehicles from petrol and oil service providers for domestic petrol and oil transportation for two (2) years from the effective date of this Decree and schedules of owning depots or renting depots from petrol and oil service providers for three (3) years from the effective date of this Decree.

3. For traders that act as petrol and oil general agents

Traders currently operating as petrol and oil general agents may continue their operation; and shall complete their schedules of renting depots and vehicles from petrol and oil service providers for domestic petrol and oil transportation within one (1) year from the effective date of this Decree.

4. Newly invested petrol and oil trading establishments must be in line with master plans approved by competent authorities under this Decree.

5. Existing petrol and oil trading establishments which are not in line with approved master plans shall implement schedules for upgrading or relocation in accordance with such master plans and regulations on competent state management agencies approving such master plans.

6. Based on the socio-economic conditions and practical petrol and oil trading activities in Zone 3 of mountainous and highland regions as prescribed by law, provincial-level People’s Committees shall permit traders being business households and petrol and oil distribution stations belonging to the armed forces (national defense and public security) to act as petrol and oil retail agents with the scope of operation and equipment suitable to petrol and oil trading conditions in this zone; other conditions must comply this Decree and other relevant legal documents.

Article 42. Effect

1. This Decree takes effect on November 1, 2014.

2. The Government’s Decree No. 84/2009/ND-CP of October 15, 2009, on petrol and oil trading; and Article 1 of the Government’s Decree No. 118/2011/ND-CP of December 16, 2011, amending and supplementing administrative procedures in petrol, oil and liquefied petroleum gas trading, cease to be effective from the effective date of this Decree.

3. All previous provisions on management of petrol and oil trading which are contrary to this Decree are hereby annulled.

Article 43. Organization of implementation

Ministers, heads of ministerial-level agencies, heads of government- attached agencies, chairpersons of provincial-level People’s Committees, and related organizations, units and individuals shall implement this Decree.-