Thông tư 11/2010/TT-BKHCN

CIRCULAR

ON MEASUREMENT AND QUALITY MANAGEMENT OF PETROL AND OIL TRADING UNDER THE GOVERNMENT'S DECREE NO. 84/ 2009/ND-CP OF OCTOBER 15, 2009, ON PETROL AND OIL TRADING

Pursuant to the Government's Decree No. 28/ 2008/ND-CP of March 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;
Pursuant to the Government's Decree No. 84/ 2009/ND-CP of October 15, 2009, on petrol and oil trading;
The Minister of Science and Technology provides the measurement and quality management of petrol and nil trading as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the measurement and quality management of petrol and oil trading in Vietnam.

Article 2. Subjects of application

1. This Circular applies to:

a/ Petrol and oil traders;

b/ Measurement and quality state management agencies defined in Articles 5 and 6 of this Circular;

c/ Other concerned state agencies, organizations and individuals.

2. This Circular does not apply to traders manufacturing, importing and processing petrol and oil for their own use, not for market sale under the Ministry of Industry and Trade's regulations.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Measurement means a sequence of manipulations to determine the volume of petrol and oil subject to measurement.

2. Measuring device means a technical equipment for measurement.

3. Other terms referred to in this Circular are construed under Article 3 of the Government's Decree No. 84/2009/ND-CP of October 15.2009, on petrol and oil trading.

Article 4. Responsibilities of petrol and oil traders

1. To ensure that the volume of petrol and oil to be traded and paid with customers comply with the law on measurement.

2. To market only petrol and oil meeting quality requirements under this Circular.

3. When supplying petrol and oil to petrol and oil agents and retailers, petrol and oil importers, manufacturers and processors shall provide them with quality certificates.

4. To supply consumers with petrol and oil of proper category with quality as supplied from distributors.

5. To take measures requested by competent state management agencies to enable responsible persons or consumers or their representatives to inspect measuring methods and results and quality of petrol and oil supplied to consumers.

6. To submit to measurement and quality examination and inspection under law.

7. To abide by inspection decisions of competent state agencies.

Article 5. Responsibilities of the Directorate for Standards, Metrology and Quality

1. To accredit measuring device inspection institutions under the law on measurement;

2. To guide in detail technical measurement requirements on measuring devices and systems; to guide the inspection of measurement and measuring results.

3. To designate or accredit conformity assessment institutions which are qualified for assessing petrol and oil conformity with national technical regulations.

4. To assume the prime responsibility for. and coordinate with specialized agencies of concerned ministries and branches in, inspecting and examining the observance of regulations on measurement and quality management of petrol and oil import, manufacture, processing, storage, distribution and transportation under this Circular and other relevant laws.

5. To guide petrol and oil traders in taking measures to enable responsible persons or consumers or their representatives to examine measurement and measuring results and quality of petrol and oil supplied to consumers.

6. To conduct public information and provide professional guidance on measurement and quality management of petrol and oil trading under this Circular.

Article 6. Responsibilities of Science and Technology Departments of provinces and centrally run cities

1. To conduct public information and provide professional guidance on measurement and quality management of petrol and oil trading under this Circular in their localities.

2. To direct Sub-Directorates for Standards, Metrology and Quality in conducting measurement and quality examination and in coordinating with concerned units in conducting measurement and quality inspection of local petrol and oil retailers under this Circular and other relevant laws.

3. In March every year, to summarize and report to the Ministry of Science and Technology and provincial-level People's Committees on examination and handling of violations of regulations on measurement and quality in petrol and oil retail of the previous year in their localities.

Chapter II

MEASUREMENT MANAGEMENT OF PETROL AND OIL TRADING

Article 7. For petrol and oil import manufacture, processing, distribution and service provision

Petrol and oil importers, manufacturers, processors, distributors and service providers shall comply with the following regulations on measurement management:

1. Measuring devices used to determine the quantity of petrol and oil to be traded and paid among organizations and individuals must meet the following requirements:

a/ They have been inspected with valid inspection certificates (inspection marks, stamps or certificates);

b/Their parts and details match the approved samples;

c/ The scope of measuring corresponds the volume of petrol and oil subject to measurement:

d/ They meet manufacturers' use requirements.

2. When one or more measuring devices provided in Clause 1 of this Article arc installed together with other structures and parts to form a measuring system for determining the volume of petrol and oil to be traded and paid among organizations and individuals, this system must meet technical measurement requirements under the law on measurement.

3. Petrol and oil measurement errors in trading and payment with organizations and individuals or in inspection must not exceed 1.5 times the tolerable errors for measuring devices specified in Clause 1 or measuring systems defined in Clause 2 of this Article.

Article 8. For petrol and oil retail

In addition to the regulations on measurement management under Article 7 of this Circular, petrol and oil retailers shall comply with the following regulations:

1. To have measuring mugs and vessels with volumes of 1, 2. 5 and 10 liters and calibrated measuring cylinders with appropriate measurement units lo be readied for comparative measurement upon request, which must meet the following requirements:

a/ They have been inspected with valid inspection certificates;

b/ They are placed in positions convenient for responsible persons or petrol and oil buyers to examine measuring results.

2. To regularly inspect on their own measuring devices and systems and measurement conditions to ensure that petrol and oil measurement errors in trading and payment with suppliers and consumers comply with Clause 3. Article 7 of this Circular.

Chapter III

QUALITY MANAGEMENT OF PETROL AND OIL TRADING

Article 9. Quality of imported petrol and oil

Traders shall comply with the following regulations on quality management:

1. For imported petrol and oil subject to national technical regulations on petrol, diesel and bio fuels - QCVN 1: 2009/BKHCN promulgated by the Minister of Science and Technology (below abbreviated to QCVN L2009/BKHCN):

a/ To take quality management measures under QCVN 1:2009/BKHCN prior to market sale;

b/ To inspect the quality of imported petrol and oil before customs clearance. The contents, order and procedures for quality inspection of imported petrol and oil comply with the Science

and Technology Minister's Circular No. 17/2009/ TT-BKHCN of June 18, 2009.

Imported petrol and oil which fail to meet quality requirements shall be either recycled or re-exported under decisions of competent state agencies.

2. For imported petrol and oil not subject to QCVN 1:2009/BKHCN:

a/ To announce standards applicable to each category of products under regulations. Announced standards must not be contrary to relevant national standards;

b/ To guarantee that petrol and oil quality conforms with announced standards.

Article 10. Quality of exported petrol and oil

Traders shall comply with the following regulations on quality management:

To supply petrol and oil to foreign traders with quality as under signed contracts.

When petrol and oil are returned by foreign importers, petrol and oil traders shall take quality management measures under Article 9 of this Circular.

Article 11. Petrol and oil quality in manufacture and processing

1. Traders must have laboratories which meet the following requirements:

a/ Having testing devices and staff and material foundations meeting requirements for testing petrol and oil quality indicators under current national technical regulations and standards;

b/ Developing and applying quality management systems for petrol and oil laboratories by national standard TCVN ISO/TEC 17025:2007 or international standard ISO/IEC 17025:2005;

c/ For laboratories which are not qualified for testing all quality indicators by current national technical regulations and standards, traders may use outside laboratories to test indicators beyond their laboratories' capacity under testing service contracts. Using laboratories which have developed and applied quality management systems in conformity with national standards TCVN ISO/IEC 17025:2007 or international standards ISO/IEC 17025:2005.

2. Traders shall comply with the following regulations on quality management:

a/ To develop and apply quality management systems by national standards TCVN ISO 9001:2008 or the oil and gas industry's specialized quality management system by standard ISO/TS 29001:2007- Petroleum oil, petrochemistry and natural gas industries - specialized quality management system - requirements for product suppliers and service providers;

b/ For petrol and oil subject to QCVN 1:2009/ BKHCN: To have products certified as conformable with QCVN 1:2009/BKHCN (regulation conformity certification); to announce regulation conformity on the basis of regulation conformity certification; to announce applicable standards under regulations, which must not be contrary to requirements of QCVN 1:2009/ BKHCN;

c/ For petrol and oil of other categories: To inspect quality of each lot of petrol and oil products and only circulate lots for which applicable standards in conformity with the Ministry of Science and Technology's current national standards have been announced. Testing results of each lot shall be provided for distributors and retailers and be kept and produced at the request of competent agencies;

d/ When using uncommon additives to manufacture or process petrol and oil, traders shall register such additives and obtain registration approval under the Science and Technology Minister's Circular No. 15/2009AT-BKHCN of June 2, 2009.

Article 12. Petrol and oil quality in distribution

General agents, agents, shops and filling stations shall comply with the following regulations on quality management:

1. To publicly notify names and categories of petrol and oil in easy-to-spot places. To supply petrol and oil with quality and categories as notified.

2. To have product quality dossiers (comprising names, categories, announced standards, origin, quality certificates) for each category upon receipt from distributors.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13. Effect

This Circular takes effect 45 days from the date of its signing and replaces the Science and Technology Ministry's Circular No. 29/2007 AT-BKHCN of December 25. 2007, guiding quality and measurement assurance conditions for engine petrol and diesel oil trading under the Government's Decree No. 55/2007/ND-CP of April 6. 2007, on petrol and oil trading.

Article 14. Organization of implementation

1. When legal documents and national technical regulations and standards invoked in

this Circular are amended, supplemented or replaced, new documents prevail.

2. The Directorate for Standards. Metrology and Quality shall organize the implementation of this Circular.

3. Any problems arising in the course of implementation should be promptly reported to the Ministry of Science and Technology for consideration and settlement.-