In the draft Circular amending, supplementing, and abolishing certain regulations in petroleum trading activities, the Ministry of Industry and Trade proposes tightening regulations on the leasing and borrowing of petroleum storage tanks by enterprises.

This draft Circular aims to guide the implementation of certain provisions of Decree 80/2023/ND-CP amending and supplementing some articles of Decree 95/2021/ND-CP and Decree 83/2014/ND-CP of the Government on petroleum trading.

A new point in Decree 80/2023/ND-CP compared to previous decrees is that retail petroleum agents are allowed to sign contracts to act as retail agents for up to three traders who are petroleum distributors or key petroleum traders.

Accordingly, the draft Circular stipulates: Retail petroleum agents are responsible for signing contracts to act as retail agents in accordance with Article 21 of Decree 83/2014/ND-CP and the provisions in Clause 7, Article 1 of Decree 80/2023/ND-CP amending Clauses 2 and 3, Article 21 of Decree 83/2014/ND-CP.

In cases where a trader, who is a retail petroleum agent, has been granted a Certificate of Eligibility to act as a retail petroleum agent, and when actually signing agency contracts with two (02) or three (03) traders who are key petroleum traders or petroleum distributors, the trader is responsible for preparing a dossier and submitting it to the Departments of Industry and Trade of the provinces and centrally-run cities to amend and supplement information about the petroleum supplying trader in the Certificate of Eligibility to act as a retail petroleum agent and the Certificate of Conformity for the retail petroleum store according to the provisions at Point b, Clause 4, Article 20, and Point b, Clause 2, Article 25 of Decree 83/2014/ND-CP.

Responsibility to Report on the Use of Petroleum Storage Tanks

Additionally, the draft Circular clearly states the responsibility to report on the use of petroleum storage tanks:

Key petroleum traders and petroleum distributors leasing tanks for petroleum trading activities are responsible for quarterly reporting on the use of leased tanks to the Ministry of Industry and Trade and the Departments of Industry and Trade in the locality where the tanks are leased by the 10th of the first month of the next quarter.

The Departments of Industry and Trade of the provinces and centrally-run cities shall inspect and supervise the use of leased tanks by petroleum traders in the locality based on the contents: Tank lease contracts; lease volume used; volume of goods passing through the tanks during the reporting period.

In cases where a trader is found to have signs of violating regulations on the use of tanks, the Departments of Industry and Trade shall promptly report to the Ministry of Industry and Trade for coordinated management.

Source: Vietstock