Quyết định 2044/QD-UBND

DECISION

APPROVING PROJECT OF PETROLEUM BUSINESS NETWORK DEVELOPMENT PLAN OF HAIPHONG CITY BY 2020.

HAI PHONG CITY PEOPLE'S COMMITTEE

Pursuant to the Law on Organization of People's Council and People's Committee on November 26, 2003;

Pursuant to Decree No. 92/2006/ND-CP dated SeCo., Pte.mber 07, 2006 of the Government on the formulation, approval and management of the master plan of socio-economic development; Decree No. 04/2008/ND dated January 11, 2008 of the Government amending and supplementing a number of articles of Decree No. 92/2006/ND-CP;

Pursuant to the Decree No. 84/2009/ND-CP dated October 15, 2009 of the Government on the petroleum business;

Pursuant to Decision No. 1175/QD-UB dated July 02, 2007 of Hai Phong City People's Committee on approving the Outline of Project of petroleum business network development plan of Hai Phong City by 2020.

Pursuant to Decision No. 2625/QD-UBND dated December 29, 2009 of Hai Phong City People's Committee on establishing the Assessment Board of the Project of petroleum business network development plan of Hai Phong City by 2020.

At the proposal of the Standing Assessment Board of the Project of petroleum business network development plan of Hai Phong City by 2020 in Report No. 937/TTr-HDTD 30/12/2010 and Report on October 15, 2012 on the request for approval of Project of petroleum business network development plan of Hai Phong City by 2020;

DECIDES:

Article 1. Approval of the Project of petroleum business network development plan of Hai Phong City by 2020, with the following principal contents:

1. Viewpoint, target and orientation of development:

a. Viewpoint of development

- The petroleum business network development plan in the city area is one of the important economic and technical measures to speed up the implementation of process of industrialization and socio-economic development of the city

- The petroleum business network development plan in the city area must ensure the rationality of development between the number and scale of the stores and focus on the scale expansion, enhance the condition of technical and material facilities in the business of petroleum business establishments.

- The petroleum business network development plan in the city area must ensure the safety, modernity, fire and explosion resistance, anti-oil spills and gas leaks and ensure requirements on environmental protection;

b. Development target:

- By 2020, the estimated total number of petroleum stores in the city area shall be 289 stores, including 87 newly- built stores (from the present time to 2015 building 40 new stores; from 2016 by 2020 building 47 new stores).

- The growth rate of petroleum consumption through network reaches an average of 9.0 - 10% / year in the period 2011 - 2015 and maintain the growth rate of about 10% / year in the period 2016 - 2020.

- Ensuring the scale of the average consumption of petroleum stores in the area of Hai Phong city by 2015 shall increase by 1.6 - 1.7 times compared to the scale of the current average consumption and by 2020 increase by 1.5 times compared to 2015.

- Ensuring the store area by national standards (TCVN 4530:2011);

- Strengthening environmental hygiene and fire and explosion safety at petroleum stores. Ensuring 100% stores shall achieve standard on petroleum business conditions.

c. Orientation of development:

- Development of petroleum business networks by area: The petroleum businesses need to expand the scale of existing stores; developing more new stores along the newly-opened roads, next to the industrial zones and clusters to be developed in the future and especially in new urban and residential areas.

- The sites for construction of petroleum stores of type 1 is located at the gateway to the cities, industrial parks, National Highway 5 and 10 and Expressway of Hanoi - Hai Phong shall be completed in the near future. The sites for construction of petroleum stores of type 2 is selected in the center of district, town and at the intersection between national and provincial roads or major population centers. The stores of type 3 shall be built in the waterway and roadway with the relatively high traffic density, the residential areas, newly- opened roads or areas expected to be expanded and developed in the future.

- Restriction of development of additional stores in urban districts. The development of petroleum stores at the junctions, crossroads, and intersections, national, provincial and district roads need to be considered carefully. If not ensuring traffic safety, the new development of new petroleum stores shall be resolutely banned.

- Priority is given to development of the stores in the districts, communes and remote areas where there has been no petroleum store, especially on the newly-opened roads; Attention is paid to the development of petroleum stores for waterway means.

- At least every area, communal cluster or inter-commune shall need 01 to 02 small-scale stores in the service of needs of people in all kinds of petroleum and liquefied petroleum gas (LPG).

- Development of the subjects in the business: Focusing on attracting economic sectors to participate in the supply and creation of fuel retail network in the area of the city. The petroleum business enterprises must well implement the provisions of the State in this particular business line.

- Development of different types of stores: Developing the type of intensive business stores, combination of petroleum items and related products, diverse service modes. In the long term, attention shall be paid to the development of the type of self-service stores or automatic sale in the petroleum business network to reduce direct sale labor.

- Strengthening the state management for the petroleum business activities in the area of the city:

- Facilitating all economic sectors to participate in the petroleum business in the area, on the basis of the subjects have fully complied with the provisions of the State on petroleum business conditions.

- Establish the relationship between the management authorities and the petroleum business entities on a regular basis (reporting, inspection, etc.), to be able to actively adjust the management policies, including the adjustment of petroleum network development plan to ensure benefits for the business subjects and the general socio-economic benefits of the city.

2. Planning of petroleum business network in the area of Hai Phong city in 2020:

2.1. Classification of petroleum stores:

- Main functions: Retailing petroleum products: gasoline, diesel, kerosene, lubricants, liquefied petroleum gas LPG.

- Sub-functions: Petroleum stores on the highways shall be the place to take a break, stop and offer commercial services for people and vehicles on the route, such as car wash and oil change services ; maintenance, minor repair, spare part replacement services; catering and motel services; parking lots, ...

Petroleum store can be classified by functions as follows:

Type 1: The petroleum sale area has scale corresponding to petroleum store of type 1 based on the above classification. In addition to selling petroleum products, there are additional services of car wash, minor repair, mini shop, food service and overnight motel ...

Type 2: The petroleum sale area has scale corresponding to petroleum store of type 2 based on the above classification. In addition to selling petroleum products, there are additional services of car wash, minor repair, mini shop.

Type 3: Stores only sell petroleum products (gasoline, oil, fuel, lubricant, liquefied petroleum gas.

2.2. Site for construction of petroleum stores:

When selecting a site to build a new petroleum store, it is necessary to establish common criteria to ensure these requirements:

- Compliance with legal principles

- Most favorable for commercial services.

-.Assurance of safety on fire and explosion prevention and fighting

- Reasonable about the surrounding urban architecture and landscape.

- Site for construction does not violate other plans of the State and City.

- Compliance with the Vietnamese Construction Standards QCXDVN 01:2008 / BXD issued by the Ministry of Construction under Decision No. 04/2008/QD-BXD dated April 03, 2008 of the Ministry of Construction.

- Compliance with the Vietnamese Standards TCVN 4530:2011;

- Compliance with the provisions of the National Technical Regulations – urban technical infrastructure works: QCVN 07:2010/BXD

- Compliance with Decree No. 11/2010/ND-CP dated February 24, 2010 regulating the management and protection of road infrastructure

- General criteria on site for construction of petroleum stores as follows:

+) It must be at least 50 meters from the building line (read line boundary) (measured from the outer edge of the plan view of petroleum store works);

+) For petroleum stores located near the intersection, the distance from the entrance to the petroleum store to the nearest red line of the route intersected with the road passing the front of the petroleum store should be at least 50 m;

+) It is at least 50m from outside the scope of protection along the bridge and approach road.

+) It is at least 50 m from the point with the hindered vision (for example: from the tangent point of the curve of the road with a curving radius less than 50 m along the road)

+) It is 100m from gathering place such as school, market.

+) It is 100m from famous landscape.

+) Distance between petroleum stores along the center line without dividing line not smaller than 1.500 m (for urban areas)

+) Distance between petroleum stores along the center line with dividing line not smaller than 2 km (for urban areas)

+) The distance between the petroleum stores outside the urban area (on the highways) is not less than 12 km. For trading, because the petroleum stores are often linked to the residential area so the layout of the stores shall depend on the distance of the residential place.

+) The distance between the petroleum stores outside urban areas to petroleum stores  at inner boundary shall not less than 2 km.

+) Distance of petroleum stores on provincial roads: on the same side: 3 km; different side: 2 km. If provincial road with hard dividing line, only the same side shall be taken into account.

+) Distance of petroleum stores on district roads: on the same side 2 km; different side: 1.5 km.

+) Distance of petroleum stores on river way:  on the same side 2 km; different side: 1.5 km.

+) Each high-rise apartment building of 5 ha should have 01 petroleum store..

+) Each industrial park should layout 1 - 2 petroleum stores depending on the total area.

During the planning period, the principle is set out as:

- The stores subject to treatment (removal, suspension from business or moved to another location) are the ones with area not as prescribed and not in accordance with requirements on fire prevention and fighting, environmental pollution, the stores that are built intentionally without approval by the authorities and the stores are in the planning of site clearance of the city.

- The stores with further expansion must have a minimum area of store of type 3, ensuring the requirements of technical standards, traffic safety, fire prevention and fighting and environmental hygiene.

- The modest retail store associated with the area and close to the city's main traffic axis and passing through the city, bus station, as well as industrial parks and residential areas. Specially paying attention to roads: Highway 5, Highway 10, Highway of Hanoi - Hai Phong, Hai Phong - Quang Ninh and Hai Phong – Thai Binh; ...., industrial parks: Dinh Vu , Trang Due, Southern Kien bridge, VSIP and industrial parks that Haiphong is expected to develop.

2.3. Allocation of network by area:

a. Upgrading, expanding and renovating the network of petroleum stores: Total stores need improving, upgrading or expanding are 121 stores, in the period to 2015 are 102 and the period by 2020 are 19 stores (Appendix 1)

b. Construction of new petroleum stores selling gasoline in the area of Hai Phong city by 2020: The number of newly-built stores is 87 stores, including 266 new ones in urban areas, 52 stores in the suburbs and 9 stores along the national highway (Appendix 2).

2.4. Demand for land :

The total minimum demand for land to build a network of petroleum stores in the area of Hai Phong city by 2020 is 277,885 m2 in which the minimum land demand to build 87 new stores is 96,000 m2 and additional land needed to improve the existing network is 67,710 m2.

2.5. The capital demand for construction and development of petroleum retail system in the city of Hai Phong:

Total investment capital demand for development of petroleum business network in the city of Hai Phong by 2020 is  364.1 billion, including capital demand to upgrade and renovate the existing network is 74,1 billion and build new stores is 290 billion.

3. Solutions to petroleum business network development in the area of Hai Phong city by 2020.

3.1. Solutions to raising the State management capacity and management of petroleum businesses .

- Promptly disseminating legal documents on amendment and supplementation the conditions for petroleum trading to enterprises operating in the area, enhancing the direction and supervision of the observance of the petroleum businesses. At the same time, the management authorities should require petroleum businesses to provide information to customers on the provisions relating to the petroleum form and quality and other provisions relating to the interests of consumers.

- Regularly carrying out the fighting against fraud in petroleum business in the area of the city. The functional forces (Market Management, Inspection of Science and Technology, Security, etc.) shall strengthen inspection activities and strictly handle violations, including the withdrawal of the certificate of eligibility for business or criminal prosecution.

- Enhancing professional guidance on business operations and environmental protection, fire and explosion prevention and fighting to petroleum businesses in the area of the city.

- Requiring petroleum businesses in the area of city to make regular reports on the business targets of the enterprise.

3.2. Solution to electricity supply:

Ensuring continuous power supply, stable quality to petroleum stores; in case the low-voltage source is available, there should be investment plans to build substation to supply safe power to the petroleum stores.

3.3. Solution to fire prevention and fighting:

Stores are equipped with fire-fighting equipment as originally prescribed as: Binh Portable foam fire extinguishers, sand pits, water tanks, fiber blankets, buckets and shovels. The signs of fire safety: Inflammable, no smoking, ...

Installing guiding board for the entry and exit of vehicles; specific rule table on safety of fire prevention and fighting. Salespeople shall be trained on sale profession, safety of fire prevention and fighting.

3.4. Solution to traffic safety

Enterprises must comply with regulations of transportation sector particularly focusing on:

- Making procedures for connection to the roads.

- Arranging flow in and out and parking places in order to avoid local parking congestion in the area of the stores.

- Complying with safe traffic corridor.

3.5. Solution to planning management:

Publicizing decision on approving the planning of the city People's Committee so that the districts, the city people and petroleum businesses shall implement and monitor.

Strengthening the uniformed coordination between the various levels and sectors of city and districts in the management and implementation of the planning; strictly handling violations of the planning as prescribed.

Article 2. The Project of petroleum business network development plan of Hai Phong City by 2020 is the foundation for the formulation, submission for approval and implementation of the 5-year and annual plans, the projects of investment and development of petroleum stores during the period to 2020 ensure the synchronization as planned.

Article 3. Management organization and implementation of planning:

3.1. Planning management:

The City People's Committee shall perform the unified state management of investment and construction, develop network of petroleum stores in the area in accordance with the provisions of law.

3.2. Implementation of planning:

a. Service of Industry and Trade:

- Disseminating the planning of petroleum store network development to the Services, sectors, district People's Committees and the economic sectors of petroleum business in the area as the foundation for investment, improvement, upgrading and building of petroleum store for each stage in order to ensure the compliance with the plan.

- Assuming the prime responsibility and coordinating with other Services and sector and local People's Committees, branches and People's Committees based on the content of planning to conduct the building of specific plan to organize the implementation of the contents of the planning Project.

- Submitting to the City People's Committee the implementation plan which specifies the time to compel the petroleum stores with violations such as: not included in petroleum business network development planning; ineligible for petroleum business location, high risk at fire and explosion, disorganization of urban landscape, serious violations of building line of traffic safety and illegal construction... must be moved in accordance with the planning or dismantled and suspended from operation.

- Monitoring and managing the investment and construction of petroleum store system in accordance with the approved plan.

- Conducting the assessment and issuing certificate of eligibility for petroleum business to petroleum stores in accordance with the plan approved by the city People's Committee and the current regulations.

- Acting as a hub for organization of inter-branch inspection of the site for new investment and construction, upgrading and expanding the petroleum store on accepting the conditions for construction, the conditions prescribed by law for petroleum business, summarizing and making annual report on the implementation of the plan to the city people's Committee.

- Assuming the prime responsibility and coordinating with other Services and sector concerned to develop policies to support relocation of petroleum stores in the city on a number of main traffic routes, residential areas not in accordance with the general development planning for submission to the city people's Committee for approval.

b. Service of Planning and Investment:

- Coordinating with other Services and sector concerned in the process of directing the implementation of the plan, ensuring consistency and uniform of programs and investment projects with the planning of each sector, each area, the master plan of socio-economic development and general planning of construction and the city's land use planning.

- Guiding procedures for issuing business registration certificate for petroleum businesses.

- Studying and developing orientation to attract petroleum businesses to invest in the development of petroleum business network in the city in the planning period to 2020.

c. Service of Natural Resources and Environment:

- Coordinating with the authorities of district and relevant sector of city to make planning and reserve a part of land area to build a network of petroleum business stores in accordance with the general development plan of each stage, implement orders and procedures to allot land and lease land in accordance with the provisions of law.

- Assuming the prime responsibility and coordinating with the units to make plan for the oil spill response.

d. Service of Construction:

- Issuing license for new construction or repair or renovation to expand the current petroleum stores is to ensure compliance with the provisions of law and in accordance with the location approved by the city People's Committee, in conformity with the planning of petroleum store network development store in the city by 2020.

- Making consideration and assessment of the issues related to the planning, basic construction investment procedures and regulations as prescribed.

e. Service of Transport:

Clearly defining the limit of building line, safe traffic corridor for road and waterway routes in the decentralized (including roads managed by the central government) as prescribed as a basis for  the businesses to carry out consistent projects of investment and construction and implement unified research and assessment.

f. Service of Science and Technology:

- Assessing the quality of equipment, machine and facilities in service of petroleum business to properly ensure prescribed standards

- Coordinating with other Services and sectors to regularly perform petroleum quality testing, measurement systems, and equipment to prevent incidents and trade fraud in petroleum business.

g. Police of fire prevention and fighting:

Making agreement on the design of construction technique and acceptance of the safety of fire prevention and fighting system with the petroleum stores which have been issued license of construction by the competent authorities.

Conducting conditions for issuing license of eligibility for fire prevention and fighting in the area. Regularly inspecting the implementation of the regulations on safety of fire prevention and fighting.

h. People's Committees of districts:

- Publicizing detailed planning of development of petroleum store network in the area under the planning which has been approved by the city People's Committee for the compliance of petroleum businesses and people.

- Monitoring the development of petroleum store network in the area; coordinating with the Service of Trade and Industry and the functional sectors to propose the city People's Committee of the measures to deal with the actual problems and adjust additional planning in accordance with the general development.

- Closely managing and inspecting the investment of basic construction of the network of petroleum stores in the area and only issuing license of construction of petroleum store (as decentralized) in accordance with the planned location. Making biannual and annual reports to the city people's Committee (through the Service of Trade and Industry) on the implementation of the plan in the area under their management.

i. Responsibility of petroleum businesses:

- Strictly complying with the provisions if this Decision and the relevant legal provisions.

- Actively making plan to relocate the establishments not in accordance with the planning; renovating, repairing, upgrading to expand or invest in the development of petroleum business establishments of units in a timely manner according to the new requirements and progress in the master plan.

j. Information and propagation agencies:

- Propagating and disseminating the content of the planning widely to people and petroleum business subjects to know, monitor, supervise and comply with the provisions of the law.

- Disseminating policies, the provisions of law relating to petroleum business operations and petroleum consumption to business subjects and people for proper compliance.

Article 4. Chief of City People's Committee, Director of Services: Industry and Trade, Planning and Investment, Finance, Construction, Transport, Science and Technology, Police of Fire Prevention and Fighting, Information and Communications; Chairman of People's Committee of districts and Heads of sectors and units concerned are liable to execute this decision.

This Decision takes effect from its signing date. /.