Changes to some regulations regarding the petroleum business.

VietNamNet•14/03/2025

On March 13th, the Ministry of Industry and Trade issued Circular No. 18/2025/TT-BCT amending, supplementing, and repealing some regulations in circulars governing petroleum business to align with the practical management and operation of petroleum business in Vietnam.

One of the notable contents of Circular 18/2025/TT-BCT is the addition of regulations on reporting the situation of petroleum storage facility usage applicable to petroleum trading entities and petroleum distribution entities that own, lease, or rent petroleum storage facilities; assigning responsibility for state management of storage facility usage.

Specifically, petroleum traders who are primary distributors or distributors with petroleum storage facilities that they lease to other petroleum traders are responsible for submitting quarterly reports on the use and leasing of their storage facilities. These reports, using the prescribed form, must be sent to the Ministry of Industry and Trade and the Department of Industry and Trade in the locality where the leasing entity operates, before the 10th of the first month of the following reporting period. The required information to be reported includes: the name and address of the storage facility; the total storage capacity; the name and address of the leasing entity; the number of tanks and their leased capacity; and the volume of petroleum products handled during the reporting period.

The Ministry of Industry and Trade has issued a Circular amending, supplementing, and repealing some regulations on petroleum business. Photo: Market Management Department.

For petroleum wholesalers and distributors who rent storage facilities to support their petroleum business operations, they are responsible for submitting quarterly reports on the use of rented storage facilities using the prescribed form to the Ministry of Industry and Trade and the Department of Industry and Trade in the area where the warehouse is rented, before the 10th of the first month of the following reporting period. The information to be reported includes: Name and address of the rented warehouse; Name and owner of the rented warehouse, tanks, and capacity; and total petroleum volume passing through the warehouse during the reporting period.

The Departments of Industry and Trade of provinces and centrally-administered cities will inspect and monitor the implementation of warehouse rental contracts and the volume of petroleum products imported and exported through warehouses by petroleum businesses renting warehouses in their areas. At the same time, regulations stipulate that if a business is found to be not using the rented warehouse according to the signed contract, they must promptly report to the Ministry of Industry and Trade for coordinated management.

In addition, Circular No. 18/2025/TT-BCT also stipulates that retail gasoline and diesel dealers, when signing contracts to act as retail gasoline and diesel dealers, must prepare a report on changes and additions to the agency contract and submit it to the competent authority requesting the issuance of supplementary or amended Confirmation Certificates and Certificates as prescribed in point b, clause 4, Article 20 and point b, clause 2, Article 25 of Decree No. 83/2014/ND-CP to amend and supplement information about the gasoline and diesel suppliers in the Confirmation Certificate of eligibility to act as a retail gasoline and diesel dealer and the Certificate of eligibility for retail gasoline and diesel retail outlets.

In cases where a business entity with only one retail gasoline station signs a gasoline agency contract with two or three other businesses that are primary gasoline distributors or gasoline retailers, the business entity must prepare an application for supplementary or amended Confirmation Certificate as stipulated in point b, clause 2, Article 25 of Decree No. 83/2014/ND-CP to amend or supplement information about the gasoline suppliers in the Certificate of Eligibility for Retail Gasoline Stations.

Furthermore, to improve the process of managing gasoline and diesel prices in accordance with current legal regulations, newly issued legal regulations, and conclusions of inspection and auditing agencies, and current gasoline and diesel price management practices, Circular No. 18/2025/TT-BCT dated March 13, 2025, has added regulations on the mechanism for managing gasoline and diesel prices, specifically: "Based on data on the constituent elements of the base price of gasoline and diesel as prescribed and the written opinions of the Ministry of Finance on gasoline and diesel price management, the Ministry of Industry and Trade shall announce the base price and selling price of gasoline and diesel."

The circular also amends and supplements regulations on inspection and issuance of Confirmation Certificates and Certificates. Specifically, it removes the regulation on inspection and issuance of Confirmation Certificates of eligibility to act as general agents for petroleum business: According to point a, clause 2, Article 2 of Decree 80/2023/ND-CP, businesses that have already been granted Confirmation Certificates of eligibility to act as general agents for petroleum business may continue to operate until the Confirmation Certificate expires.

Therefore, for petroleum distribution general agents whose Certificate of Eligibility to operate as a petroleum distribution general agent is still valid, no new issuance procedures are required during operation. Only the procedures for amending, supplementing, and reissuing the Certificate of Eligibility to operate as a petroleum distribution general agent will be retained.

In order to meet the state management requirements regarding the registration, allocation, and adjustment of the minimum total petroleum supply limits for petroleum trading businesses in a specific, clear, fair, and feasible manner, as concluded by the Government Inspectorate , the Circular has been reviewed and supplemented with requirements for the registration, allocation, and adjustment of total supply limits. It also includes a provision requiring petroleum trading businesses to ensure the progress of importing or purchasing petroleum domestically as stipulated. If necessary, to ensure the supply of petroleum to the domestic market, the Ministry of Industry and Trade will specify the progress of importing or purchasing petroleum domestically, or adjust the minimum total petroleum supply upwards for businesses to implement.

This Circular abolishes the regulation on the Inter-agency Task Force for managing gasoline and diesel prices stipulated in Joint Circular No. 39/2014/TTLT-BCT-BTC regulating the method of calculating base prices; the mechanism for forming, managing, and using the Price Stabilization Fund; and managing gasoline and diesel prices as stipulated in Government Decree No. 83/2014/NĐ-CP dated September 3, 2014, on gasoline and diesel business.

Quyen Luu

Source: https://vietnamnet.vn/thay-doi-mot-so-quy-dinh-ve-kinh-doanh-xang-dau-2380739.html