Chapter III
APPLICATION, ORDER AND AUTHORITY REGARDING ISSUANCE OF CERTIFICATE OF ELIGIBILITY
Article 36. Types of Certificate of Eligibility
1. Certificate of Eligibility for LPG/LNG/CNG importer/exporter
2. Certificate of Eligibility for LPG/LNG/CNG seller/purchaser
3. Certificate of Eligibility for bottled LPG retail store
4. Certificate of Eligibility for producing and repairing LPG bottles
5. Certificate of Eligibility for producing mini-sized LPG bottles
6. Certificate of Eligibility for LPG bottling station
7. Certificate of Eligibility for LPG filling station for tank trucks
8. Certificate of Eligibility for LPG/LNG/CNG filling station for vehicles
Article 37. Application for Certificate of Eligibility for LPG/LNG/CNG importer/exporter
1. An application form for Certificate of Eligibility for LPG/LNG/CNG importer/exporter according to Form No.1 provided in Appendix issued thereto.
2. A copy of certificate of enterprise registration
3. Documents proving the ownership of wharves or a contract for leasing wharves in the Vietnam port system that are permitted to be put in use by competent authorities
4. A copy of certificate of technical verification of labor safety for tanks
5. Documents proving the compliance with requirements for fire preventing and extinguishing
6. Bottled LPG importers/exporters are required to submit the following additional documents apart from documents prescribed in clause 2, 3, 4 and 5 in this Article:
a) A copy of Certificate of Verification for LPG bottles that remains unexpired;
a) A copy of Certificate of Conformity for LPG bottles that remains unexpired;
7. Traders importing or exporting gases through pipelines not only have to submit documents prescribed in clause 2, 3, 4 and 5 in this Article but they must also submit documents proving that they own a pipeline system or enter into a contract for leasing gas pipelines; a copy of Certificate of Verification for pipelines that remains unexpired and documents proving that they also have a gas distribution station meeting all regulations on safety, fire preventing and extinguishing prescribed in this Decree and relevant law provisions.
Article 38. Application for Certificate of Eligibility for LPG/LNG/CNG seller/purchaser
1. An application form for Certificate of Eligibility for LPG/LNG/CNG seller/purchaser according to Form No.3 provided in Appendix issued thereto.
2. A copy of certificate of registration of enterprise/cooperatives/business household
3. A copy of certificate of technical verification of labor safety for tanks
4. Documents proving the compliance with requirements for fire preventing and extinguishing
5. Bottled LPG sellers/purchasers are required to submit the following additional documents apart from documents prescribed in clause 2, 3, and 5 in this Article:
a) A copy of Certificate of Verification for LPG bottles that remains unexpired;
a) A copy of Certificate of Conformity for LPG bottles;
6. Traders selling or purchasing gases through pipelines not only have to submit documents prescribed in clause 2, 3 and 4 in this Article but they must also submit documents proving that they own a pipeline for gas transport or enter into a contract for leasing such pipelines; a copy of Certificate of Verification for pipelines that remains unexpired and documents proving that they also have a gas distribution station meeting all regulations on safety, fire preventing and extinguishing prescribed in this Decree and relevant law provisions.
7. LNG sellers and purchasers not only have to submit documents prescribed in clause 2, 3 and 4 in this Article but must also provide additional documents proving that they own a LNG distribution station or LNG filling station for vehicles which satisfies all requirements for safety, fire preventing and fire extinguishing in accordance with regulation herein and provisions of laws.
8. CNG sellers/purchasers are required to submit the following additional documents apart from documents prescribed in clause 2 and 4 in this Article:
a) Documents proving that they own CNG tank trucks with unexpired certificate of verification;
b) Documents proving that they have a CNG distribution station or a CNG filing station for vehicles that meets regulations on safety, fire preventing and extinguishing in accordance with this Decree and relevant law provisions;
c) Documents proving that they have a CNG compressing station meeting requirements for safety, fire preventing and extinguishing in accordance with regulations herein and relevant law provisions.
Article 39. Application for Certificate of Eligibility for bottled LPG retail store
1. An application form for Certificate of Eligibility for bottled LPG retail store according to Form No.5 provided in Appendix issued thereto.
2. A copy of LPG sales contract with other traders having a Certificate of Eligibility that remains unexpired
3. Documents proving the compliance with requirements for fire preventing and extinguishing
Article 40. Application for Certificate of Eligibility for LPG bottling station, LPG filling station for tanks and LPG/LNG/CNG filling station for vehicles
1. An application form for Certificate of Eligibility for filling station according to Form No.7 provided in Appendix issued thereto.
2. A copy of certificate of registration of enterprise/cooperatives/business household
3. Documents proving that such station is permitted to be constructed by competent authorities.
4. Documents proving the compliance with requirements for fire preventing and extinguishing
Article 41. Application for Certificate of Eligibility for producing and repairing LPG bottles
1. An application form for Certificate of Eligibility according to Form No.10 provided in Appendix issued thereto.
2. A copy of certificate of registration of enterprise/cooperatives/business household
3. A list of equipments serving LPG bottle inspection
4. A list of procedures for safe production of LPG bottles and procedures for LPG bottle repair
5. A procedure for producing a typical LPG bottle including the durability measurement
6. A procedure for quality testing after production or repair
7. A copy of Certificate of verification of safety testing equipments after production and repair or a copy of Certificate of Conformity in accordance with provisions of the law on measurement
8. Documents proving the compliance with requirements for fire preventing and extinguishing
Article 42. Application for Certificate of Eligibility for producing mini-sized LPG bottles
1. An application form for Certificate of Eligibility for filling station according to Form 10 provided in Appendix issued thereto.
2. A copy of certificate of registration of enterprise/cooperatives/business household
3. A list of equipments serving mini-sized LPG bottle inspection
4. A procedure for mini-sized LPG bottle production
5. A procedure for safe production of mini-sized LPG bottles
6. A procedure for quality testing of mini-sized LPG bottles
7. A copy of Certificate of verification for mini-sized LPG bottle production line, machines, equipment and materials and equipments
8. Documents proving the compliance with requirements for fire preventing and extinguishing
Article 43. The order and procedure for issuing Certificate of Eligibility
1. The trader meeting all requirements herein shall send an application for Certificate of Eligibility directly to competent regulatory agencies or by post or via the website.
2. Competent regulatory agencies may send a written request for additional documents to the trader if finding the application of such trader is unsatisfactory.
3. Competent regulatory agencies must process and appraise the application then issue a Certificate of Eligibility to the trader within 15 working days from the day on which the satisfactory application is received. A written response with clear explanation is required if the application is rejected.
4. The trader submitting an application for Certificate of Eligibility must pay a fee for appraisal of conditions for trading goods or services subject to business restrictions; goods or services subject to business conditions in commerce in accordance with provisions of the law on fees and charges in force.
5. The Certificate of Eligibility will expire after 10 years from the issuance date.
Article 44. The authority to issue Certificate of Eligibility
1. The Ministry of Industry and Trade shall have the authority to issue the Certificate of Eligibility prescribed in clause 1, 4 and 5 in Article 36 hereof.
2. The Department of Industry and Trade shall have the authority to issue the Certificate of Eligibility prescribed in clause 2, 6, 7 and 8 in Article 36 hereof.
3. People's Committees of districts shall have the authority to issue the Certificate of Eligibility prescribed in clause 3 in Article 36 hereof.
Article 45. Re-issuing and adjusting Certificate of Eligibility
1. Re-issuing the Certificate of Eligibility
a) Certificate of Eligibility will be re-issued if being lost, damage or carrying false information;
b) The content and expiration date of the re-issued Certificate will remain unchanged. The re-issued Certificate must abolish the effective period of the lost, damage or false one.
c) The application and procedure for re-issuance include an application form for re-issuance of Certificate of Eligibility according to Form No.12 provided in Appendix issued thereto.
d) Competent regulatory agencies shall re-issue the Certificate with 7 working days from the day the satisfactory application is received by verifying the dossier of Certificate issuance kept.
2. Adjusting Certificate of Eligibility
a) A Certificate of Eligibility will be adjusted if there is a change in business registration; location of head office or information relating to the trader making the registration;
b) The application and procedure for adjustment include an application form for adjustment to Certificate of Eligibility according to Form No.12 provided in the Appendix issued thereof and relevant documents proving the content adjusted;
d) Competent regulatory agencies shall adjust the Certificate with 7 working days from the day the satisfactory application is received. b) The effective period of adjusted Certificate will remain unchanged.
Article 46. Revocation of Certificate of Eligibility
1. a) A Certificate of Eligibility will be revoked in the following cases:
a) The application for the Certificate is counterfeited;
b) The applicant no longer satisfies or fails to satisfy prescribed requirements;
c) The applicant put out the Certificate to lease or adjust its content without consent of issuance authorities.
d) The business is shut down;
dd) The Certificate is issued ultra vires;
e) The real business location is inconsistent with the location stated in the Certificate of Eligibility issued by competent authorities.
g) The applicant illegally seize, sell, purchase or exchange LPG bottles of other traders
h) The applicant illegally changes the primary form, structure and weight of LPG bottles, for instance: replaces the base, cuts the handle, grinds the logo, changes the label or series number; attaches more metal or switches the bottle valve.
2. Competent regulatory agencies issuing the Certificate of Eligibility shall have the authority to revoke such issued Certificate.
3. The trader having his/her Certificate of Eligibility revoked must send such Certificate and all copies in hand of such Certificate to the issuance authority within 7 working days from the day on which the revocation decision is issued.
Tìm kiếm
Nghị định 87/2018/NĐ-CP (Bản Word)
Nghị định 87/2018/NĐ-CP (Bản Pdf)