Thông tư 15/2015/TT-BKHCN

CIRCULAR

STIPULATING METROLOGY AND QUALITY STANDARDS IN PETROLEUM TRADING OPERATIONS

Pursuant to the Law on Technical Regulations and Standards dated June 29, 2006;

Pursuant to the Law on Product and Commodity Quality dated November 21, 2007;

Pursuant to the Law on Metrology dated November 11, 2011;

Pursuant to the Government’s Decree No. 83/2014/ND-CP dated September 3, 2014 on trade in petroleum products;

Pursuant to the Government’s Decree No. 20/2013/ND-CP dated February 26, 2013 on defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Prime Minister’s Decision No. 53/2012/QD-TTg dated November 22, 2012 on introducing the roadmap that outlines application of the blend rates of biological fuels to traditional fuels;   

After considering the request of the General Director of the Directorate for Standards, Metrology and Quality, and the Director of the Department of Legal Affairs,

The Minister of Science and Technology hereby promulgates this Circular that provides for metrology and quality standards in petroleum trading operations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular provides for metrology and quality standards in petroleum trading operations, and application process and procedure for grant of registration as petroleum preparation facilities operating in Vietnam.  

Article 2. Applicable entities

1. This Circular shall apply to the following entities:

a) Petroleum traders;

b) State management authorities for metrology and quality standards, and state agencies and other relevant organizations or individuals.

2. This Circular shall not apply to the followings:

a) Traders who manufacture, import and prepare petroleum products to meet their own particular demands and not to launch them into the market as registered with the Ministry of Industry and Trade.

b) Aviation jet fuels.

Article 3. Definition

For the purposes of this Circular, terms used herein are construed as follows:

1. Measurement refers to a combination of steps to be taken to determine the amount of a petroleum product of which measure is required.

2. Measuring instrument refers to a technical device for performing measurements.

3. Petroleum consignor refers to traders engaged in petroleum export and import business, petroleum production, petroleum distribution, or those authorized as general petroleum trading agencies, that deliver petroleum products under terms and conditions of signed petroleum sale contracts.

4. Petroleum consignee refers to traders engaged in petroleum export and import business, petroleum production, petroleum distribution, and those authorized as general petroleum trading agencies, or those who contractually act as petroleum retailers, or those conceded the right to retail petroleum products, that take delivery of petroleum products under terms and conditions of signed petroleum sale contracts.

5. Petroleum shipper refers to traders engaged in petroleum business activities by taking delivery of petroleum products from the Petroleum Consignor, carrying and transferring petroleum cargos to the Petroleum Consignee.

Other terms used herein have the same meaning as defined in Article 3 of the Government's Decree No. 83/2014/ND-CP dated September 3, 2014 on trade in petroleum products.

Article 4. Principles of metrology and quality administration

1. Petroleum products of petroleum manufacturing, preparation and import traders that fall within the scope of application in the effective national technical regulations on gasoline, diesel fuel and biofuel (hereinafter referred to as national technical regulation) issued by the Minister of Science and Technology must be accredited by certification and declaration of conformity under the national technical regulations before being launched into the market.

2. With respect to petroleum products that do not fall within the scope of application in the national technical regulations, petroleum production, preparation or import traders must declare applicable standards and ensure that petroleum quality is conformable to these prevailing standards before they are allowed for trading in the market. 

3. Responsibilities for petroleum quality, whenever there is any complaint or dispute that may arise, shall be determined by testing stored samples obtained in specific stages of production, preparation, importation, transportation, sale and distribution.

4. Petroleum traders shall be responsible for petroleum metrological and quality management in their own distribution system and assume joint responsibility for acts of violations regarding metrology and quality committed by general agencies, agents and traders conceded the right to retail petroleum products that belong to their own distribution system.

Chapter II

METROLOGY PROVISIONS IN PETROLEUM TRADING OPERATIONS

Article 5. Importation, production, preparation, distribution, storage and carriage of petroleum products

Traders who import, manufacture, prepare, distribute, store and carry petroleum products must comply with the following metrological regulations:

1. The measuring instrument used for determining the amount of petroleum products in trades or payments carried out between organizations or individuals is required to conform to the following requirements:

a) Parts or components of such measuring instrument are required to be consistent with samples which have been statutorily approved; 

b) Parts, components or functions which is likely to cause any interference or change in main technical and metrological characteristics of such measuring instrument are subject to security sealing or lead sealing by inspecting organizations;

c) Such measuring instrument is required to have the measurement range relevant to the amount of petroleum products that require to be measured;

d) Such measuring equipment has passed inspections in accordance with metrological laws and regulations; inspection accreditation (certification marks, inspection stamps and inspection certificates) must remain valid.

2. When one or several measuring instrument(s) defined in paragraph 1 of this Article is installed in combination with other parts or components to become a measuring system for the purpose of determining the petroleum amount in trading transactions or payments carried out between organizations or individuals, this measuring system must meet technical and metrological requirements stated in metrological laws and regulations.  

3. Such traders must be subject to requirements under which used measuring instruments and systems are consistent with instructions given by production or importation establishments and professional or specialized metrological requirements under the guidance of competent authorities for metrological operations. In the event that any operational defects or malfunctions of measuring instruments or systems are found, traders who own or use these instruments or systems are forced to stop using them and take any possible remedial measures to ensure that they conform to regulatory requirements.

4. The error in measurements of the petroleum amount is not allowed to exceed 1.5 times the permitted error limit of measuring instruments or measuring systems respectively defined in paragraph 1 or 2 of this Article. The result of measurement of the petroleum amount must be converted to standard conditions (temperature: 15°C and pressure: 101325 Pa).

5. Such traders must design the plan and periodically carry out self inspection of measuring instruments, systems and measurement conditions in order to ensure that the petroleum amount calculated in trading and payment transactions with suppliers and customers is conformable to equivalent regulations laid down in paragraph 4 of this Article.    Documentation about periodic inspections must be preserved until the subsequent inspection of measuring instruments is completed in places convenient for inspections or examinations conducted by relevant competent persons or authorities.

Article 6. Retail trades in petroleum products

Petroleum retailers must conform to the following metrological regulations:

1. Fuel dispensers used for determining the amount of petroleum products in trading or payment transactions carried out between organizations or individuals are required to conform to the following requirements:

a) Components, parts and functions of fuel dispensers must correspond to approved samples; in case of the initial inspection occurring before being brought into operation, these components, parts or functions of such fuel dispensers must be 100% brand new;

b) Parts, components or functions which is likely to cause any interference or change in main technical and metrological characteristics of fuel dispensers are subject to security sealing or lead sealing by inspecting organizations;

c) Circuit breakers or power breaking devices of fuel dispensers available in retail fuel stations must ensure compliance with regulations on fire safety and prevention, and are installed in the same position. They must be installed in the position accessible for power breaking activities whenever necessary; must not be installed in an invisible or unreachable position. The power supply to these fuel dispensers should not be interrupted by remote control appliances or devices;

d) Switches connected to controller circuits are not installed outside of these fuel dispensers (except for those that designed by manufacturers to terminate the petroleum dispensing process). Use of equipment or devices (for example, remote control sets, cell phones, computers, etc.) is not allowed as such equipment or devices may change main technical and metrological characteristics of a fuel dispenser;

dd) Such fuel dispensers have passed inspections in accordance with metrological laws and regulations; their inspection accreditation (certification marks, inspection stamps and inspection certificates) must remain valid.

2. These traders must conform to fuel dispenser requirements under the instructions of manufacturing and import establishments. 

3. The error in measurements of the petroleum amount is not allowed to exceed 1.5 times the positive permitted error limit of measuring instruments used for selling petroleum products. The result of measurement of the petroleum amount is obtained under practical measuring conditions.

4. These traders must prepare measuring cups or jugs that have the volume of 1L, 2L, 5L or 10L and graduated cylinders with proper measurement range in order to carry out their periodic self-inspections in accordance with paragraph 5 of this Article.  Measuring cups or jugs must pass an initial inspection and are not deformed or damaged during usage.

5. Such traders must design the plan and periodically carry out self inspection of measuring instruments and conditions under which measurements are performed at least once within a month in order to ensure that the petroleum amount sold retail to customers is conformable to equivalent regulations laid down in paragraph 3 of this Article.   Documentation about periodic self-inspections must be preserved at retail fuel stations until the following inspection of these measuring instruments is completed.

6. If the result of measurement of the petroleum amount is found to fail to ensure requirements set out in paragraph 3 of this Article or if a fuel dispenser is damaged and subject to calibration, repair or replacement (hereinafter referred to as repair) of components, parts or functions (hereinafter referred to as part) which have been sealed or lead-sealed, traders must take the following remedial measures:

a) Stop using these measuring instruments; do not expunge seals or lead seals attached to fuel dispensers at their discretion;

b) Contact and send a written request (directly or by post, fax or emails) to manufacturing, import and supply establishments, or affiliations or agencies holding the certificate of authorization issued by these establishments (hereinafter referred to as authorized entity) in order to have such parts repaired, and simultaneously send this request to the Standard, Metrology and Quality Department and the inspecting organization that conduct its inspection of such instruments.  Within three (03) working days of receipt of the written request filed by traders, these manufacturing, import and supply establishments must respond to this request for repair.

Traders shall be vested with the right to choose another repair service provider to have these instruments fixed under the following circumstances:

- Manufacturing, import and supply establishments have been dissolved or have went bankrupt;

- Manufacturing, import and supply establishments send a rejection response to traders and the Standard, Metrology and Quality Department (for reporting purposes) in which good and sufficient grounds are stated;

c) Upon completion of repair work, they must keep a record of fuel dispenser repair activities signed by traders and persons directly in charge of such repair work. The record should include the following basic information: name and address of the repair service provider; name, address and ID card number (attached ID card copy) of the person directly in charge of repair work; repair time; model, sign, serial number of the fuel dispenser that needs repairing; description of repair activities; method of security sealing or lead sealing affixed to parts which have been repaired;

d) Post-repair inspections should be conducted to ensure the fuel dispenser is in normal working conditions for use.

dd) The repair record stipulated in subparagraph c and the certificate of inspection of measuring instruments issued upon completion of repair work must be preserved at the position which is convenient for inspection or examination activities within at least twelve (12) months when the fuel dispenser has proved its conformity to statutory requirements after inspections in accordance with regulations laid down in subparagraph d of this paragraph; a copy of the repair record and the inspection certificate issued upon completion of repair work must be sent to the Standard, Metrology and Quality Department for reporting purposes;

e) In the event that there is any upgradation or improvement that can change control programs or main technical and metrological characteristics of the fuel dispenser in comparison with approved samples, they must consider approving new samples in accordance with regulations.

7. Since July 1, 2018, fuel dispensers are required to be connected to sales invoice printing devices for the purpose of printing and providing sales invoices to customers.  Sales invoice printing devices must conform to the following requirements:

a) Ensure technical conditions under the instructions of their manufacturers, and be in good working condition;

b) Only allow sales invoices to be printed out after petroleum products are completely dispensed to customers (for example, at the time of hanging the dispensing hose onto the holder at a fuel dispenser);

c) Include required information, such as name and address of the trading establishment; model, sign and serial numbers of the fuel dispenser; dispensing time and date; fuel type, amount, unit price, total sum collected from sold petroleum products;

d) Do not have any malicious structure or function that can change any information provided in sales invoices, or any technical and metrological characteristics of a fuel dispenser.

Chapter III

PROVISIONS ON QUALITY STANDARDS IN PETROLEUM TRADING OPERATIONS

Section 1. SAMPLE COLLECTION, SECURITY SEALING, STORAGE AND TESTING IN THE FUEL TRANSPORTATION AND DELIVERY STAGE

Article 7. Collection, security sealing, handover and storage of petroleum product samples used as evidence for any quality dispute

1. Principles

a) Regulations on collection, security sealing, storage and handover of petroleum product samples laid down in this Article shall be applicable to wholesalers, distributors and traders who act as general or retailing agencies, or those conceded the right to retail petroleum products, fuel retailing stores, fuel service providers in the event that evidence used for any quality dispute is required;   

b) Samples stored with intact seals are used as evidence presented in case of quality disputes;

c) Each shipment is subject to collection, security sealing, storage and handover of petroleum product samples before transportation or delivery. 

Whenever necessary or upon request, samples of petroleum products carried on each tank, cargo hold and storage compartment of cargo carriers must be collected. 

2. Sampling method

Method of sample collection shall be consistent with applicable technical guides for collection of petroleum products issued by the Directorate for Standards, Metrology and Quality.

3. Sample containers

Sample containers must be made of materials that cause no effect on petroleum quality, prevent spillage and have tight-fitting covers.  Sample containers must be cleaned, dried and rinsed by using a petroleum product to be contained later before sampling. Sample containers must be big enough and ensure safety for containment of petroleum products.

4. Sample quantity, amount, sampling and security sealing record

a) The Petroleum Consignor must collect samples from specific types of petroleum freights in each shipment to the Petroleum Consignee. Collected samples must be sealed and confirmed by the authorized representative of the Petroleum Consignor and the Petroleum Shipper; must be carried along on carriers to the Petroleum Consignee;

b) The Petroleum Consignee must collect samples from specific types of petroleum products in each successive receipt of these petroleum products from the Petroleum Consignor (at location of tanks, cargo holds or storage compartments of carriers before receipt of delivered petroleum products). Collected samples must be sealed and certified by the authorized representative of the Petroleum Shipper and the Petroleum Consignee;

c) Volume of a petroleum sample must be adequate for different required tests in conformity with requirements set out in the declared approved national technical regulation and standards;

d) When collecting samples, the Petroleum Consignor must prepare a record (by using the Form No. 1. BBLM-NP-CKCL stipulated in the Annex hereto); the Petroleum Consignee must make a record (by using the Form No. 2. BBLM-BGM-KTNP stipulated in the Annex hereto).

5. Safe custody of samples

a) The Petroleum Shipper must carry out the safekeeping of samples delivered on carriers by the Petroleum Consignor and hand over such samples to the Petroleum Consignee;

b) The Petroleum Consignee must store and secure samples received from the Petroleum Consignor and collected samples upon receipt of petroleum cargoes of the same kind till the two (02) successive receipts. Petroleum samples must be stored and preserved under relevant conditions which ensure no quality change;

c) If there is any dispute, examination or inspection conducted by competent authorities that may occur, such samples must be stored as requested by inspection and examination agencies or other competent authorities.

Article 8. Petroleum sample collection, storage and testing for the purpose of quality inspection and control

1. Petroleum sample collection shall be consistent with applicable technical guides for collection of petroleum products issued by the Directorate for Standards, Metrology and Quality.

2. Petroleum testing must be performed at a designated testing organization. The test result obtained from this designated testing organization shall be the legal grounds for any sanctions imposed on violating entities by an inspection team or authority after the inspection has been completed in accordance with applicable laws. 

3. Based on the actual conditions, the inspection team or quality control authority shall define and write the sample storage duration in the sampling record at this inspection authority which lasts at least 30 days. After the expiry date of such sample storage, if there is none of disputes, inspection authorities shall deal with these samples in accordance with prevailing laws and regulations.

Article 9. Determination of responsibilities for petroleum quality assumed by petroleum traders in reliance on stored samples

Once there is any dispute or complaint or state inspection relating to petroleum quality issues, responsibilities for petroleum quality assumed by petroleum traders shall be determined by adhering to the principles stipulated in paragraph 3 Article 4, including the specific provisions:

1. If samples delivered by the Petroleum Consignor on petroleum product carriers and samples received by the Petroleum Consignee during their goods receiving process have the test result which is consistent with the declared approved national technical regulation and standards, responsibilities for petroleum quality over which any complaint, dispute or state inspection is required shall be assumed by the Petroleum Consignee.   

2. If samples delivered by the Petroleum Consignor on petroleum product carriers and samples received by the Petroleum Consignee during their goods receiving process have the test result which is consistent with the declared approved national technical regulation and standards, responsibilities for petroleum quality over which any complaint, dispute or state inspection is required shall be assumed by the Petroleum Consignor.

3. If samples delivered by the Petroleum Consignor on petroleum product carriers have the test result consistent with the declared approved national technical regulations and standards, but samples received by the Petroleum Consignee during their goods receiving process have the test result which is not consistent with the declared approved national technical regulation and standards, the Petroleum Shipper shall take responsibility for this.

4. Petroleum wholesalers shall be held legally liable for quality of petroleum products of which samples are collected by inspection authorities at the workplace of these petroleum wholesalers if quality of these petroleum products is not consistent with the declared approved national technical regulation and standards.

Section 2. PETROLEUM IMPORT QUALITY ADMINISTRATION

Article 10. Administration of quality of petroleum products performed by importing traders

Petroleum importing traders must comply with the following regulations:

1. Set up, apply and maintain the quality management system in uniformity with the national standard TCVN ISO 9001 : 2008 or the petroleum quality management system conformable to the standard ISO/TS 29001 : 2010.

2. Set up and implement the system for inspecting and overseeing compliance with quality-related and metrological regulations in petroleum trading operations of general agencies, agents or traders conceded the right to retail petroleum products affiliated to the distribution system of traders, including the following contents:  

a) Frequency of inspection or oversight and collection of testing samples for determination of petroleum quality within this distribution system;

b) Storage of records on results obtained from implementation of this inspection and oversight system.

3. Collect samples, seal and store samples under the provisions of Article 7 Section 1 Chapter III hereof.

4. Seal tanks, cargo holds, storage compartments and petroleum inlet or outlet valves installed on petroleum carriers before transporting petroleum products to customers. Seals must be inspected and confirmed between two parties (according to the Form No. BBLM-NP-CKCL stipulated in the Annex hereto) and specifically expressed in delivery and receipt records.

5. Provide customers, the Petroleum Shipper with duplicate declared approved standards.

6. Provide customers, the Petroleum Shipper with records on sample collection, security sealing and handover, and petroleum quality commitments (according to the Form No. BBLM-NP-CKCL stipulated in the Annex hereto) for each shipment.

7. Have the process for controlling conformity of petroleum storage tanks at their own retail fuel stations in order to maintain quality in conformance to the declared approved national technical regulations and standards, and ensure that petroleum storage tank systems do not cause leakage and contain mixed petroleum products, and inspection of petroleum storage tanks must be stored in recorded documents.

8. Readily prepare duplicate quality accreditation (certificate of conformity, notice of acknowledgement of conformity declaration with respect to domestically manufactured and prepared petroleum products; certificate of conformity or notice of the state inspection result relating to quality of imported petroleum products that fall under the scope of application in the national technical regulations) and a copy of declared approved standards for each type of petroleum products.

Article 11. Petroleum products under the scope of application stipulated by the national technical regulations

With respect to imported petroleum products that fall under the scope of application stipulated in the national technical regulations, importing traders must implement the following regulations:

1. Implement quality control measures under the provisions of the national technical regulations.

2. Carry out state inspection regarding petroleum imports before customs clearance. State inspection contents, processes and procedures regarding petroleum import quality shall be consistent with the Circular No. 27/2012/TT-BKHCN dated 12/12/2012 of the Minister of Science and Technology on state inspection relating to imported goods quality under the management of the Ministry of Science and Technology.

In the process of carrying out state inspection relating to imported petroleum product quality, if quality of these imported petroleum products are not conformable to the declared approved national technical regulations and standards, competent authorities for inspection of imported petroleum product quality must resolve this case under the instructions of the Directorate for Standards, Metrology and Quality.

3. Ensure that petroleum product quality is consistent with the declared approved national technical regulations and standards when delivering such products to customers. Contents of the declared approved standards must not be inconsistent with the applicable national technical regulations.

Article 12. Petroleum products that do not fall under the scope of application stipulated by the national technical regulations

With respect to imported petroleum products that do not fall under the scope of application stipulated in the national technical regulations, importing traders must implement the following regulations:

1. Declare standards applied to each product type in accordance with relevant regulations.

2. Ensure that petroleum product quality is consistent with declared standards.

Section 3. DOMESTICALLY MANUFACTURED AND PREPARED PETROLEUM QUALITY

Article 13. Petroleum quality management performed by production and preparation traders

Petroleum production and preparation traders must comply with the following regulations:

1. Set up, apply and maintain the quality management system in uniformity with the national standard TCVN ISO 9001 : 2008 or the petroleum quality management system conformable to the standard ISO/TS 29001 : 2010.

2. Collect samples, seal and store samples under the provisions of Article 7 Section 1 Chapter III hereof.

3. Seal tanks, cargo holds, storage compartments and petroleum inlet or outlet valves installed on petroleum carriers before transporting petroleum products to customers. Seals must be inspected and confirmed between two parties (according to the Form No. BBLM-NP-CKCL stipulated in the Annex hereto) and specifically expressed in delivery and receipt records.

4. Testing competency:

a) Have adequate equipment for examination and testing of petroleum quality indicators in uniformity with the regulation QCVN 1 : 2009/BKHCN; set up, apply and maintain the efficacy of the quality management system for petroleum laboratory facilities in conformity with the national standards TCVN ISO/IEC 17025 : 2007 or the international standard ISO/IEC 17025 : 2005; 

b) If petroleum product exporting and importing traders carry out petroleum preparation activities but do not have laboratory facilities which have enough capacity for testing for all of the quality indicators under the applicable national technical regulations, they are required invest in equipment which has enough capacity for examining petroleum product quality in accordance with the national technical regulations within one (01) year from the date of grant of the license for petroleum product export and import business.

During the period of investment in testing devices, traders shall be allowed to rent laboratory facilities that can meet legal regulations on quality of products, goods and have enough capacity for examining and testing for petroleum quality indicators in accordance with the national technical regulations.

Where the national technical regulations have been changed, supplemented or substituted, petroleum production and preparation traders shall invest in testing equipment under the instructions of the Directorate for Standards, Metrology and Quality.

5. When using uncommon additives for manufacturing and preparing petroleum products, petroleum production and preparation traders must register such additives and this registration must be approved in accordance with regulations laid down in the Circular No. 15/2009/TT-BKHCN dated June 2, 2009 of the Minister of Science and Technology.  

Uncommon additives shall be strictly prohibited for petroleum production and preparation if these additives have not been registered with and approved by the Ministry of Science and Technology.

6. If there is any domestic petroleum product distribution system, petroleum production traders must set up and implement the system for inspecting and overseeing compliance with quality-related and metrological regulations in petroleum trading operations of general agencies, agents or traders conceded the right to retail petroleum products affiliated to the distribution system of these traders, including the following contents:

a) Frequency of inspection or oversight and collection of testing samples for determination of petroleum quality within this distribution system;

b) Storage of records on results obtained from implementation of this inspection and oversight system.

7. Provide customers, the Petroleum Shipper with duplicate declared approved standards.

8. Provide customers, the Petroleum Shipper with records on sample collection, security sealing and handover, and petroleum quality commitments (according to the Form No. BBLM-NP-CKCL stipulated in the Annex hereto) for each shipment.

9. Have the process for controlling conformity of petroleum storage tanks at their own retail fuel stations in order to maintain quality in conformance to the declared approved national technical regulations and standards, and ensure that petroleum storage tank systems do not cause leakage and contain mixed petroleum products, and inspection of petroleum storage tanks must be stored in recorded documents.

10. Readily prepare duplicate quality accreditation (certificate of conformity, notice of acknowledgement of conformity declaration with respect to domestically manufactured and prepared petroleum products; certificate of conformity or notice of the state inspection result relating to quality of imported petroleum products) and a copy of declared approved standards for each type of petroleum products.

Article 14. Petroleum products under the scope of application stipulated by the national technical regulations

With respect to domestically manufactured or prepared petroleum products that fall under the scope of application stipulated in the national technical regulations, petroleum production and preparation traders must implement the following regulations:

1. Evaluate certification of conformity with the national technical regulations (certification of conformity).

2. Declare conformity based on the result of evaluation of certification of conformity; declare applicable standards. Contents of the declared applied standards must not be inconsistent with requirements set out in the national technical regulations.

3. Ensure that petroleum product quality is consistent with the declared approved national technical regulations and standards when delivering such products to customers.

Article 15. Petroleum products that do not fall under the scope of application stipulated by the national technical regulations

With respect to domestically manufactured or prepared petroleum products that do not fall under the scope of application stipulated in the national technical regulations, petroleum production and preparation traders must implement the following regulations:

1. Examine and test for quality of each finished petroleum batch in conformity with declared standards and only approve sale of petroleum batches which have quality conformable to declared applied standards in the market. 

2. Store test results of each petroleum batch, and present them upon the request of competent authorities.

Article 16. Process and procedure for application for registration as licensed petroleum preparation establishments

1. Petroleum wholesalers performing petroleum preparation activities must prepare 01 set of documents submitted to apply for registration as licensed preparation establishments directly or by post to the Directorate for Standards, Metrology and Quality, including:

a) Application form for registration as a licensed petroleum preparation establishment (according to the Form No. DDK stipulated in the Annex hereto);

b) Duplicate Certificate of Enterprise Registration (applicable to petroleum manufacturing enterprises) or License for petroleum export and import trading issued by the Ministry of Industry and Trade (applicable to petroleum export or import traders);

c) Duplicate Registration of the plan for preparation of finished petroleum materials, importation of materials for preparation of finished petroleum products;

d) Demonstration of the competence of each petroleum preparation establishments, including the following significant information:

- Name of finished petroleum product; declaration of applied standards and accreditation of quality conformity to the conformity declaration of finished petroleum products prepared at the location of establishment;

- Used method of preparation and storage tank system and equivalent equipment;

- Factsheet providing details about type, quality and origin of materials, additives used during the process of preparation of finished petroleum products;

- Capacity of the laboratory facility currently available at the preparation establishment;

- Plan for quality control in the petroleum preparation stage.

2. Submitted documentation shall be verified and the Certificate of preparation establishment registration shall be granted:

a) If submitted documents are not adequate or valid, within three (03) working days of receipt of documents submitted by petroleum wholesalers, the Directorate for Standards, Metrology and Quality shall send a written request to these traders for any improvement of documents;

a) If submitted documents are adequate or valid, within seven (037) working days of receipt of documents submitted by petroleum wholesalers, the Directorate for Standards, Metrology and Quality shall confer the Certificate of petroleum preparation establishment registration (according to the Form no. 4.GCN stipulated in the Annex hereto) upon preparation establishments applying for this registration which has the validity of less than five (05) years from the grant date.

If submitted documents do not meet specified requirements and need to be verified to check provided information with real facts or figures, within a permitted duration of thirty (30) working days of receipt of all required documents, the Directorate for Standards, Metrology and Quality shall carry out verification and inspection of submitted documents, authorize a competent expert or establish an inspection team to carry out the physical inspection at the location of petroleum wholesalers. Inspection cost paid to this expert or inspection team shall be covered by petroleum wholesalers in accordance with prevailing laws.

Based on documents submitted to apply for such registration, physical inspection record and result of remedial actions taken which satisfy predetermined requirements (if any), within ten (10) working days, the Directorate for Standards, Metrology and Quality shall confer the Certificate of petroleum preparation establishment registration (according to the Form no. 4.GCN stipulated in the Annex hereto) upon preparation establishments applying for this registration which has the validity of less than five (05) years from the grant date.

If the Directorate for Standards, Metrology and Quality rejects grant of the Certificate, within ten (10) working days, it must notify in writing these petroleum wholesalers of reasons for this rejection;

c) Within three (03) months prior to the expiry date of the Certificate, if petroleum wholesalers continue to perform petroleum preparation operations, they must apply for reregistration under the provisions of paragraph 1 of this Article;

d) In case of any modification or supplementation, petroleum preparation establishments or petroleum wholesalers must submit documents in accordance with regulations laid down in paragraph 1 of this Article.

3. Where there are any of the following changes, petroleum preparation establishments or petroleum wholesalers must notify the Directorate for Standards, Metrology and Quality for consideration and decision on petroleum preparation work:

a) Petroleum preparation address;

b) Petroleum type to be prepared (including change to declared applied standards);

c) Preparation equipment and technology.

Article 17. Suspension and annulment of the Certificate of petroleum preparation establishment

1. The Directorate for Standards, Metrology and Quality shall consider and carry out the limited suspension of the validity of the Certificate of petroleum preparation establishment which has been already issued under the following circumstances:

a) There is any violation against metrological regulations committed by a preparation establishment;

b) A preparation establishment fails to fully implement the quality control plan;

c) Petroleum products which fail to meet accepted quality standards and are currently available in the market have been manufactured by this petroleum preparation establishment;  

d) The validity of the License for petroleum export and import trading is suspended; 

dd) This establishment is refused the Certificate of registration of the plan for preparation of finished petroleum materials, importation of materials for preparation of finished petroleum products by competent authorities;

e) This establishment has not notified state agencies in accordance with paragraph 3 Article 16 hereof.

2. The Directorate for Standards, Metrology and Quality shall, depending on the seriousness of each violation, consider and carry out the cancellation of the validity of the Certificate of petroleum preparation establishment which has been already issued under the following circumstances:

a) Such establishment fails to meet requirements for trade in petroleum export or import and petroleum production;

b) The License for petroleum export and import trading held by a petroleum trader is revoked by competent authorities;

c) There are a lot of violations committed or the recurring violation against petroleum metrological and quality regulations governing petroleum trading operations.

3. The Directorate for Standards, Metrology and Quality shall provide guidance on processes and procedures for suspension or annulment of the validity of the Certificate of petroleum preparation establishment.

Section 4. PETROLEUM QUALITY MANAGEMENT PERFORMED AT THE LOCATION OF PETROLEUM DISTRIBUTION TRADERS, GENERAL AGENCIES

Article 18. Petroleum quality management performed at the location of petroleum distribution traders

Petroleum distribution traders must comply with the following regulations:

1. Set up, apply and maintain the quality management system in uniformity with the national standard TCVN ISO 9001 : 2008 or the petroleum quality management system conformable to the standard ISO/TS 29001 : 2010.

2. Collect samples, seal and store samples under the provisions of Article 7 Section 1 Chapter III hereof.

3. Seal tanks, cargo holds, storage compartments and petroleum inlet or outlet valves installed on petroleum carriers before transporting petroleum products to customers. Security seals must be inspected and confirmed between two parties and specifically expressed in delivery and receipt records. Records on sample collection, security sealing and handover, and petroleum quality commitments (according to the Form No. 1. BBLM-NP-CKCL stipulated in the Annex hereto) must be stored and provided for customers, the Petroleum Shipper for each shipment.

4. Have adequate testing equipment or rent laboratory facilities that can meet legal regulations on quality of products, goods and have enough capacity for examining and testing for petroleum quality indicators in accordance with the national technical regulations. These traders are required to set up, apply and maintain the efficacy of the management system in uniformity with the national standard TCVN ISO/IEC 17025 : 2007 or the international standard ISO/IEC 17025 : 2005 for their own or rented laboratory facilities to be capable of performing different petroleum tests.

5. Set up and implement the system for inspecting and overseeing compliance with quality-related and metrological regulations in petroleum trading operations of agents or traders conceded the right to retail petroleum products affiliated to the distribution system of traders, including the following contents:

a) Frequency of inspection or oversight and collection of testing samples for determination of petroleum quality within this distribution system;

b) Storage of records on results obtained from implementation of this inspection and oversight system.

6. Ensure quality of petroleum products supplied in their distribution system in conformance to the declared approved standards and national technical regulations (applicable to petroleum products that fall under the scope of application stipulated in the national technical regulations); avoid accepting unidentified petroleum products or those of unclear origin for sale at their directly affiliated retail fuel stations and for delivery of these products to traders authorized as their agencies, or those conceded the right to retail these products.

7. Provide customers, the Petroleum Shipper with duplicate declared approved standards.

8. Report to competent authorities to seek any measure to be taken in accordance with regulations when detecting any petroleum products which have quality inconsistent with the declared approved national technical regulations and standards.  

9. Have the process for controlling conformity of petroleum storage tanks at their own retail fuel stations in order to maintain quality in conformance to the declared approved national technical regulations and standards, and ensure that petroleum storage tank systems do not cause leakage and contain mixed petroleum products, and inspection of petroleum storage tanks should be stored in document files.

10. Preserve a copy of certificate of conformity, notice of acknowledgement of conformity, notice of the state inspection result relating to quality of imported petroleum products, and a copy of declared approved standards provided by petroleum wholesalers.

Article 19. Petroleum quality management performed at general agencies

Traders authorized as general agencies must comply with the following regulations:

1. Set up, apply and maintain the quality management system in uniformity with the national standard TCVN ISO 9001 : 2008 or the petroleum quality management system conformable to the standard ISO/TS 29001 : 2010.

2. Collect samples, seal and store samples under the provisions of Article 7 Section 1 Chapter III hereof.

3. Seal tanks, cargo holds, storage compartments and petroleum inlet or outlet valves installed on petroleum carriers before transporting petroleum products to customers. Security seals must be inspected and confirmed between two parties and specifically expressed in delivery and receipt records. Records on sample collection, security sealing and handover, and petroleum quality commitments (according to the Form No. 1. BBLM-NP-CKCL stipulated in the Annex hereto) must be stored and provided for customers, the Petroleum Shipper for each shipment.

4. Only sign the contract to become a general agency for one petroleum wholesaler. If such petroleum wholesaler does not trade biofuel products, they are able to sign another contract to become a general agency for another petroleum wholesaler to only trade biofuel products. This contract must have definite terms and conditions relating to quality level, petroleum product type and liabilities of each party for petroleum quality during the process of petroleum product transportation and launch in the market.

5. Set up and implement the system for inspecting and overseeing compliance with quality-related and metrological regulations in petroleum trading operations of agents or traders conceded the right to retail petroleum products affiliated to the distribution system of traders, including the following contents:

a) Frequency of inspection or oversight and collection of testing samples for determination of petroleum quality within this distribution system;

b) Storage of records on results obtained from implementation of this inspection and oversight system.

6. With respect to petroleum products that fall under the scope of application stipulated in the national technical regulations, they shall only be allowed to distribute those petroleum products which have been accredited by certification of conformity, declaration of conformity or notice of satisfactory result of inspection of imported shipments in accordance with regulations laid down in the national technical regulations; ensure that petroleum quality is consistent with the national technical regulations before customer delivery.

With respect to petroleum products that do not fall under the scope of application stipulated by the national technical regulations, they shall only be allowed to distribute petroleum products conformable to the declared applied standards.

7. Provide customers, the Petroleum Shipper with duplicate declared approved standards.

8. Provide customers, the Petroleum Shipper with records on sample collection, security sealing and handover, and undertake to ensure the petroleum quality (according to the Form No. BBLM-NP-CKCL stipulated in the Annex hereto) for each shipment.

9. Report to competent authorities to seek any measure to be taken in accordance with relevant regulations when detecting any petroleum products which have quality inconsistent with the applicable national technical regulations and declared approved standards. 

10. Have the process for controlling conformity of petroleum storage tanks at their own retail fuel stations in order to maintain quality in conformance to the declared approved national technical regulations and standards, and ensure that petroleum storage tank systems do not cause leakage and contain mixed petroleum products, and inspection of petroleum storage tanks must be stored in recorded documents.

11. Retain statutory quality dossiers, including:

a) Copy of the declared approved standards provided by petroleum wholesalers;

b) Purchase invoice or copy of purchase invoice;

c) Other petroleum quality-related documents (if applicable).

Section 5. PETROLEUM QUALITY MANAGEMENT PERFORMED AT THE LOCATION OF AGENTS, TRADERS CONCENDED THE RIGHT TO RETAIL PETROLEUM PRODUCTS AND RETAIL FUEL STATIONS

Article 20. Petroleum quality management during distribution performed at the location of agents, traders conceded the right to retail petroleum products 

Petroleum agents or traders conceded the right to retail petroleum products must implement the following regulations:

1. Set up, apply and maintain the quality management system in uniformity with the national standard TCVN ISO 9001 : 2008 or the petroleum quality management system for petroleum specialty conformable to the standard ISO/TS 29001 : 2010. The scope of application prescribed in these quality management systems must include traders’ own or co-owned retail fuel stations.

2. Have the process for controlling conformity of petroleum storage tanks at their retail fuel stations in order to maintain petroleum quality in conformance to the declared approved national technical regulations and standards, and ensure that petroleum storage tank systems do not cause leakage and contain mixed petroleum products, and inspection of petroleum storage tanks must be stored in recorded documents.

3. Collect samples, seal and store samples under the provisions of Article 7 Section 1 Chapter III hereof.

4. Check security seal affixed to tanks, cargo holds, storage compartments and petroleum inlet or outlet valves installed on petroleum carriers before receipt of petroleum products, and also check the security seal affixed to containers used for storing samples collected from warehouses of petroleum wholesalers or general agencies.

5. Be entitled to sign the contract with general agencies, petroleum distribution traders or petroleum wholesalers under the provisions of the Decree No. 83/2014/ND-CP dated 03/9/2014 of the Government on trade in petroleum products.  This contract must have definite terms and conditions pertaining to quality level, petroleum product type and liabilities of each party for petroleum quality during the process of petroleum product transportation and launch in the market.

6. Ensure that petroleum products supplied to customers have quality consistent with the declared approved national technical regulations and standards.

7. Immediately cease selling petroleum products and report to competent authorities to seek any measure to be taken in accordance with regulations when detecting any petroleum products which have quality inconsistent with the declared approved national technical regulations and standards. 

8. Retain statutory quality dossiers with respect to each type of received petroleum product supplied by petroleum wholesalers or general agencies, including:

a) Purchase invoice or copy of purchase invoice;

b) Conformity control dossiers for petroleum storage tanks;

c) Other petroleum quality-related documents (if applicable).

Article 21. Petroleum quality management performed at the location of retail fuel stations

Petroleum traders who own retail fuel stations must implement the following regulations:

1. Implement the process for controlling petroleum storage tanks introduced by traders who own retail fuel stations in order to maintain quality in conformance to the declared approved national technical regulations and standards; ensure that petroleum storage tank systems do not cause leakage and contain mixed petroleum products, and inspection of petroleum storage tanks should be stored in document files.

2. Collect samples, seal and store samples under the provisions of Article 7 Section 1 Chapter III hereof.

3. Check security seal affixed to tanks, cargo holds, storage compartments and petroleum inlet or outlet valves installed on petroleum carriers before receipt of petroleum products, and also check the security seal affixed to containers used for storing samples collected from warehouses of petroleum wholesalers, general agencies or distribution traders.

4. Enhance customers’ access to notice of the following information, such as type of petroleum products for sale in accordance with regulations set forth in the declared approved national technical regulations and standards.

5. Retain statutory quality dossiers with respect to each type of received petroleum product, including:

a) Record on sample collection, security sealing and handover, and petroleum quality commitment of petroleum wholesalers, general agencies or traders (according to the Form No. 1. BBLM-NP-CKCL stipulated in the Annex hereto);

b) Record on sample collection, handover and seal inspection (according to the Form No. 2. BBLM-BGM-KTNP stipulated in the Annex hereto);

c) Conformity control dossiers for petroleum storage tanks.

Section 6. PETROLEUM QUALITY MANAGEMENT IN PETROLEUM TRANSPORT BUSINESS

Article 22. Petroleum quality management in petroleum transport service

Petroleum transport traders must comply with the following regulations:

1. Set up, apply and maintain the quality management system in uniformity with the national standard TCVN ISO 9001 : 2008 or the petroleum quality management system conformable to the standard ISO/TS 29001 : 2010.

2. Ensure that quality of transported petroleum products is consistent with quality of stored samples on petroleum carriers provided by the Petroleum Consignor; ensure the intactness of security seal affixed to tanks, cargo holds or storage compartments installed on petroleum carriers and stored samples carried on petroleum carriers during the transportation process; avoid carrying out actions that may cause any impact on petroleum quality during such transportation process.

3. Promptly cease transporting petroleum products and report to competent authorities to seek any measure to be taken in accordance with relevant regulations when detecting any petroleum products which have quality inconsistent with the applicable national technical regulations and declared approved standards.

4. Retain statutory quality dossiers for the petroleum transportation process, including:

a) Record on sample collection, security sealing and handover, and petroleum quality commitment of petroleum wholesalers or general agencies (according to the Form No. 1. BBLM-NP-CKCL stipulated in the Annex hereto);

b) Record on sample collection, handover and security seal inspection of petroleum agents or retail fuel stations (according to the Form No. 2. BBLM-BGM-KTNP stipulated in the Annex hereto).

Section 7. PETROLEUM EXPORT QUALITY ADMINISTRATION

Article 23. Petroleum export quality administration

1. Petroleum export traders must supply petroleum products to alien traders in conformity with quality agreed upon in the signed contract.

2. If petroleum exports are returned, petroleum export traders must implement quality control measures in accordance with laws before allowing them to be launched in the domestic market.

Chapter IV

RESPONSIBILITIES OF PETROLEUM TRADERS, REGULATORY BODIES, AND RELATED ORGANIZATIONS OR INDIVIDUALS

Article 24. Responsibilities of petroleum traders

1. Fulfill equivalent requirements relating to metrology and quality as referred to in this Circular.

2. Comply with regulations on use of measurement units; fulfill obligations of organizations or individuals in accordance with laws on metrology when participating in metrological activities during the petroleum trading process.

3. Market only allowed petroleum products which meet quality requirements set out in this Circular.

4. Implement measures upon the request of competent authorities so that persons who assume relevant responsibilities and obligations can examine measurement method, result and quality of petroleum products supplied to customers.

5. Be subject to metrological inspection and examination as per legal regulations. Comply with requirements set out by competent authorities and persons during the inspection and examination process (even including certain particular inspection) in accordance with stated regulations. Comply with inspection and examination decisions issued by competent authorities.

6. Observe regulations on quality and metrological inspection and oversight in petroleum trading operations with respect to the distribution system organized by traders.  Notify in writing competent authorities of any violation that may arise in the distribution system to seek their measures to deal with such violation in accordance with regulations.

7. Retain statutory metrological and quality dossiers in accordance with regulations laid down in this Circular.

Article 25. Responsibilities of measuring instrument inspection organization

1. Refuse to carry out inspection of fuel dispensers which have been renovated or wrongly assembled in comparison with approved samples, or those that do not fully meet requirements stipulated in subparagraph a, b, c and d paragraph 1 and 7 of Article 6 hereof.

2. Whenever discovering any alleged violation against laws on metrology and quality, promptly notify and cooperate with local competent authorities for metrology and quality in dealing with such violation in accordance with laws and regulations.

3. Comply with regulations on responsibilities of measuring instrument inspection organization laid down in this Circular and other relevant legislative documents on metrology.

Article 26. Responsibilities of measuring instrument manufacturing, import and supply establishments

1. Implement metrological control measures such as approval of samples and initial inspection of measuring instruments under the provisions of this Circular and other relevant metrological laws.

2. Take responsibility for repair of fuel dispensers carried out by themselves or their authorized agencies or agents as prescribed in paragraph 6 Article 6 hereof.

3. Take measures to prevent and respond to impacts that may change main technical and metrological characteristics or control programs of measuring instruments in comparison with approved samples during the operational process (for instance, they shall not allow their authorized affiliations and agents to reinstall control programs in fuel dispenser ICs; take technical solutions and provide technical equipment to identify any control program and fuel dispenser ICs manufactured, imported or supplied by these establishments; have proper solutions to preventing others to unilaterally install, dismantle or replace ICs or reinstall control programs in fuel dispensers supplied by manufacturing or import establishments, etc.).     Make written review reports on implementation of such measures or solutions in a timely manner to the Directorate for Standards, Metrology and Quality in order to notify local Standard, Metrology and Quality Departments on request. 

4. Comply with regulations on responsibilities of measuring instrument manufacturing, import and supply establishments laid down in this Circular and other relevant legislative documents on metrology.

Article 27. Responsibilities of the Directorate for Standards, Metrology and Quality

1. Issue technical guides for collection of petroleum samples as referred to in Section 1 Chapter III hereof.

2. Approve samples of measuring instruments; issue registration certificates and designate organizations which have expertise in inspection, calibration, testing of measuring instruments and metrological standards in accordance with laws and regulations on metrology.

3. Specify technical metrological requirements for measuring instruments and measurement system; provide specific guidance on technical operations to examine measurements, measurement results and conversion of results of measurement of petroleum amounts in terms of standard conditions.

4. Designate conformity evaluation organizations that have competence in carrying out the conformity evaluation of petroleum products conformable to the national technical regulations and provisions laid down in this Circular.

5. Take charge of carrying out state inspection relating to imported petroleum product quality; provide guidance on the process for dealing with petroleum imports inconsistent with the declared approved national technical regulations and standards.

6. Guide petroleum traders to take necessary measures to enable persons who have relevant rights and obligations to examine measurements, measurement results and quality of petroleum products supplied to customers.

7. Organize communication, dissemination and professional instruction activities relating to petroleum metrology and quality for state bodies, organizations or individuals engaging in petroleum trading operations in accordance with regulations laid down in this Circular.

8. Take charge of carrying out inspection and examination of petroleum preparation activities of petroleum wholesalers.

9. Take charge of and cooperate with relevant agencies or organizations in state inspection and examination pertaining to petroleum metrology and quality under the provisions of this Circular and other relevant laws and regulations.

Article 28. Responsibilities of Departments of Science and Technology of centrally-affiliated cities and provinces

1. Direct directly affiliated units to organize proper activities to implement regulations laid down in this Circular within areas under their management.

2. Ratify the plan for communication, dissemination and professional guidance activities relating to petroleum metrology and quality at the proposal of the Standard, Metrology and Quality Department as stipulated by this Circular within areas under their management.  

3. Direct the Standard, Metrology and Quality Department, and the Inspectorate of the Department of Science and Technology, within their assumed responsibilities and delegated powers, to take charge of and collaborate with relevant agencies or affiliations in state inspection and examination pertaining to metrology and quality of petroleum products of general agencies, agents, retail fuel stations and traders doing business in petroleum shipping service within areas under their management, and perform other duties as defined in this Circular and other relevant laws and regulations.

4. Every March each year or on request, synthesize reports sent to the Ministry of Science and Technology and People’s Committee of centrally-affiliated cities and provinces on review of inspection, examination and handling of violations relating to petroleum metrology and quality in fuel retailing operations within areas under their management.

Article 29. Responsibilities of Standard, Metrology and Quality Departments of centrally-affiliated cities and provinces

1. Comply with assigned duties defined in this Circular.

2. Organize communication, dissemination and professional instruction activities relating to petroleum metrology and quality for organizations or individuals engaging in petroleum trading operations in accordance with the plan approved by Departments of Science and Technology.

3. Carry out state inspection over petroleum metrology and quality control activities of general agencies, agents, traders and traders conceded the right to retail petroleum products, retail fuel stations and traders doing business in petroleum shipping service within local areas in accordance with regulations laid down in this Circular and other relevant laws and regulations; collaborate with competent authorities in carrying out state metrological and quality inspection and performing other duties defined in this Circular and other relevant laws and regulations. 

4. Every March each year or on request, synthesize reports sent to the Department of Science and Technology on review of metrological and quality inspection in fuel retailing operations within local areas.

Chapter V

IMPLEMENTATION PROVISIONS

Article 30. Effect

1. This Circular shall enter into force from April 1, 2016.

2. The Circular No. 11/2010/TT-BKHCN dated July 30, 2010 of the Minister of Science and Technology on metrological and quality management in petroleum trading operations stipulated in the Government's Decree No. 84/2009/ND-CP dated October 15, 2009 on trade in petroleum products shall become defunct from the date of entry into force of this Circular.

Article 31. Conduct of Implementation

1. Where legislative documents or national technical regulations referred to in this Circular are subject to modification or replacement, new documents shall prevail.

2. The Inspectorate of science and technology and other inspecting organs, within the scope of their functions, duties and powers, conduct petroleum metrological and quality inspection in accordance with laws on inspection.

3. Where state metrological inspections are combined with state petroleum quality inspections, inspecting agencies shall be entitled to collect samples as stipulated by this Circular for the purpose of this combination.

4. The Directorate for Standards, Metrology and Quality shall provide guidance on and conduct implementation of this Circular.

5. In the course of implementation, if there is any difficulty that may arise, agencies, organizations or individuals concerned should send timely feedbacks to the Ministry of Science and Technology for review and solution./.