Chương V Nghị định 87/2018/NĐ-CP: Quản lý nhà nước về kinh doanh khí

Chapter V

STATE MANAGEMENT IN GAS BUSINESS

Article 58. Responsibilities of ministries and ministerial agencies

1. The Ministry of Industry and Trade is required to:

a) preside over and cooperate with relevant entities in professionally inspecting, checking and supervising the nationwide compliance with regulations hereof of gas business.

b) check the conditions, issuance, re-issuance, adjustment and revocation of the Certificate of Eligibility according to Form No.2 and 11 provided in the Appendix issued thereto.

c) preside over and cooperate with relevant agencies in issuing national technical regulations and international technical regulations on safety in gas business.

d) develop and issue training programs and contents for the course in labor safety techniques in gas business.

dd) receive reports of the distribution system, registration of goods label and gas import, export and trading of gas importers/exporters according to Form No.13 provided in the Appendix issued thereto.

2. The Ministry of Science and Technology is required to:

a) preside over and cooperate with relevant ministries in developing, amending and completing the system of national technical standards and regulations on gases; finalize the system of legislative documents on measurement and quality in gas business, regulations on consistent implementation nationwide; manage, inspect and check the measurement and quality in gas producing, processing, import, export, delivery, transport and circulation.

b) provide guidelines for testing and calibrating measurement equipments and instruments used in gas business in accordance with provisions of the law on measurement;

c) issue a regulation on using additives in gas producing, processing and blending; regulation on applying the quality management system and laboratory capacity management system.

d) formulate and issue a regulation on registration of gas blending facilities

3. The Ministry of Transport is required to:

preside over and cooperate with relevant ministries in amending and completing national technical standards and regulations on ports for gas import and export, means of transport carrying and using types of gases.

4. The Ministry of Construction is required to:

preside over and cooperate with relevant ministries in providing guidelines and checking the construction of buildings serving gas business in provinces and centrally-affiliated cities in accordance with provisions of the law on construction and guiding documents in force.

5. The Ministry of Public Security is required to:

a) ensure the consistency in state management of security, order, fire preventing and fire extinguishing applied to facilities producing and processing gases nationwide.

b) instruct the public security force to inspect and check the compliance with regulations on security, order, fire preventing and fire extinguishing of facilities producing, processing and transporting gases.

c) offer a training course in fire preventing and fire extinguishing for officials and employees working in gas producing and processing facilities in accordance with provisions of laws.

6. The Ministry of Labor, War Invalids and Social Affairs is required to:

provide guidelines and inspect, check the labor safety conditions in gas business facilities in accordance with law in force.

7. The Ministry of Natural Resources and Environment is required to:

preside over and cooperate with relevant ministries in checking and supervising gas producing and processing facilities to make sure they comply with provisions of the law on environment.

8. The Ministry of Finance is required to:

a) preside over and cooperate with the Ministry of Industry and Trade in inspecting, checking and supervising gas traders to make sure they abide by provisions of the law on price;

b) publish or submit methods for stabilizing prices to competent authorities which is then published in accordance with provisions of the law in force

Article 59. Responsibilities of local authorities

1. People’s Committees of provinces and centrally-affiliated cities take responsibility to:

a) provide guidelines and inspect gas producing and processing facilities owned by traders in the localities in terms of safety in gas production and business; fire preventing and fire extinguishing as well as environment safety in accordance with provisions of laws; fight against trade frauds and stabilize the market;

b) provide guidelines and conduct an inspection of measurement and quality of gases circulating in the locality.

2. The Department of Industry and Trade shall take responsibility to:

a) check the conditions, issuance, re-issuance, adjustment and revocation of the Certificate of Eligibility according to Form No.4, 8 and 9 provided in the Appendix issued thereto;

b) preside over and cooperate with relevant agencies in inspecting and supervising the compliance with regulations on training in safety techniques of gas business facilities;

c) receive reports of the distribution system, registration of goods label and gas sale and purchase on the market by gas traders in the locality where their head office is located according to Form No.13 provided in the Appendix issued thereto.

d) make a list and consolidated report of distribution system, registration of goods label and gas trading activities of gas traders then send them to the Ministry of Industry and Trade before December 31 each year.

3. People’s Committees of communes take responsibility to:

a) check the conditions, issuance, re-issuance, adjustment and revocation of the Certificate of Eligibility according to Form No.6 provided in the Appendix issued thereto;

b) preside over and cooperate with relevant agencies in inspecting and supervising the compliance with regulations hereof and relevant law provisions of bottled LPG retail stores.