Chỉ thị 04/CT-TTg

DIRECTIVE

ON ENHANCING THE INSPECTION, CONTROL AND HANDLING OF LAW VIOLATIONS IN TRADING OF PETROL AND LIQUEFIED PETROL GAS

Over the past time, ministries, agencies and localities have made strenuous efforts in administrating activities of the trading of petrol and liquefied petrol gas (LPG); and initially achieved certain results, gradually managed and controled the trading of petrol and LPG. However, the defraudment of quality and measurement, the incompliance with regulations and conditions for business, fire and explosion safety in the petrol and LPG trading operations still remained complicated. Especially happened a number of accidents in the process of using petrol and LPG, of which, some extremely serious incident caused damage to lives and properties of people, affected the orders and safety of the society. The situation is mainly accounted for a reasons e.g the unstrict observance of law of a number of enterprises, business establishments engaging in petrol and LPG trading; the information and guidance for consumers on safe in purchase and use of petrol and LPG has not been fulfillment; the inspection and control have not been regulaly and thoroughly done; the lack of close coordination between the functional forces; the sanctions are still not deterrent enough, etc,.

In order to strengthen disciplines and laws, prevent and minimize the possible violations in the petrol and LPG trading business, the Government issued the Decree No. 104/2011/ND-CP of November 16, 2011 prescribing the sanctions against administrative violations on the petrol trading business, and the Decree No. 105/2011/ND-CP November 16, 2011 prescribing the sanctions against administrative violations in petrol and LPG trading business; and the Prime Minister concurently has directed and required agencies, units to strengthen prevention and fighting measures of fire and explosion for vehicles. To secure the strict observance of Government and the Prime Minister’s provisions of all organizations and individuals; and concurrently deploy synchronic solutions to surmount shortcomings and limitations existing in petrol and LPG trading business during the past time, the Prime Minister calls for the relevant ministries, branches and localities, agencies and units to focus on carrying out a number of tasks as follows:

1. The Ministry of Information and Communications

a) To coordinate with the Ministry of Industry and Trade and relevant agencies in extensive dissemination and propagation for people to understand clearly and completely the provisions of law on petrol and LPG trading management, sanctions, process of management and use of facilities, equipments, and safe use of petrol and LPG.

b) To direct the media and press agencies to reflect and provide in timely, accurate and objective manners of information of the violations of petrol and oil and LPG trading business, especially violations of the measurement, quality and conditions of business and fire and explosion safety.

c) To coordinate with the Ministry of Industry and Trade in publicating on mass media information about the organizations and individuals committing violations in petrol and LPG trading business in accordance with the law.

2. The Ministry of Industry and Trade

a) To assume the prime responsible for and coordinate with the People's Committees of provinces and centrally-run cities in directing functional forces to closely administer and supervise the operations of petrol and LPG producing and trading establishments in the local areas; and to execute the inspection of observance of law provisions on petrol and LPG trading of all petrol and LPG trading establishments in the local areas; to strictly and promptly handle any violations, focusing on a number of contents as follows:

- To examine the observance of regulations on business conditions, fire and explosion safety regarding to petrol whosale traders, general agents, agents, retail stores; LPG whosale traders, general agents, agents; LPG cylinders store, LPG loading stations, supply stations, LPG cylinders production and repair establishments; to suspend operations of the petrol and LPG producing and trading establishments failing to maintain proper business conditions, fire and explosion safety conditions, to revoke or withdraw their certificate of eligibility for petrol and oil trading according to regulations. To remove establishments engaging in illegal preparation and sale of petrol, transfer, extraction and filling-up of LPG.

- To examine the observance of regulations on storing and transporting petrol, LPG, LPG cylinders and safety facilities. To immediately suspend operations of means of petrol and LPG containing and transporting that are unsatisfy the prescribed conditions.

- To examine and strictly handle violations, defraudment of measurement and quality of petrol and LPG. To resolutely address to investigation police serious violations for criminal prosecution as prescribed by law.

b) To review and evaluate the appropriateness of the existing legal documents on management of petrol and LPG trading in comparation with production and trading reality; to promptly amend, supplement or to recommend competent authorities to amend and supplement the existing legal documents on management of petrol and LPG ​​ trading in order to satisfy the requirements of state management in petrol and LPG the trading business (on business conditions, fire and explosion safety conditions and conditions for the minimum safe distance in LPG trading establishments...).

c) To assume the prime responsibilities and coordinate with localities to urgently review and build appropriate methods for relocation of petrol and LPG business establishments away from densely populated areas where fire prevention and fight operations may be hindered.

3. The Ministry of Science and Technology

a) To assume the prime responsibilities and coordinate with relevant ministries and branches to urgently review, amend and supplement the regulations, system of national standards and technical regulations for strict management of quality, safety in the petrol and LPG trading business; to assume the prime responsibilities for and coordinate with concerned ministries and branches in directing the functional forces, within their rights and competence, to examine and handle violations of the measurement, quality and other violations.

b) To promptly report to the Prime Minister the quality test results of imported petrol as well as petrol for domestic consumption; to propose measures on resolutely and strictly handle of violations to protect rights and interests of consumer.

4. The Ministry of Public Security

a) To direct the fire police forces to review and examine fire and explosion safety conditions of all petrol and LPG trading establishments.

b) To direct functional forces to centralize on having a thorough grasp of situation, detecting and destroying networks, gangs and groups, especially organized and large scale ones, involving in illegal petrol preparing and LPG extracting and transfering, petrol thefting, illegal mixing of other substances into petrol; to resolutely and timely prosecute criminal cases in order to strictly handle violations as prescribed.

c) To direct investigation, to immediately determine the cause of fire and explosion of petrol-consuming transport means; the LPG fire and explosion; to publicize investigation conclusions as regulated and give promptly recommendations to people for prevention.

d) To coordinate with the Ministry of Information and Communications in the propagation, dissemination and guidance of knowledge on fire and explosion safety in trading and using of petrol and LPG

e) To coordinate with the Ministry of Industry and Trade and relating ministries and branches to review regulations on fire and explosion safety conditions in trading and using of petrol and LPG, and to promptly suggest for appropriate amendments and supplements.

5. The Ministry of Labour, War Invalids and Social Affairs

a) To coordinate with concerned ministries and branches in disseminating and propagandizing legal documents on labor hygiene and safety in trading and using of petrol and LPG.

b) To guide and inspect labor hygiene and safety in petrol and LPG producing and trading establishments; to review and propose amendments and supplements to the relevant provisions of law to satisfy requirements on labor hygiene and safety in petrol and LPG producing and trading establishments.

6. The People's Committees of provinces and centrally-run cities

a) To review the planning of petrol retail stores network and petrol depots in the area, resolutely relocate petrol trading establishments located inconsistently with the approved plan.

b) To review development planning of LPG trading establishments in the local overall socio-economic development planning, ensuring its consistence with the overall planning of the country, to inspect and supervise in order to ensure the implementation shall be in compliance with approved planning.

c) To coordinate with the Ministry of Industry and Trade in directing the local functional forces to inspect all petrol and LPG producing and trading establishments in the area; to strictly handle violations in order to re-establish order in petrol and LPG trading business. The head of local government, the head of the functional forces are liable for fire or explosion incidents or unsafety caused by lack of examining and steering.

People's Committees of provinces and centrally-run cities shall report in writting on the inspection results to the Ministry of Industry and Trade before April 15, 2012 for synthesizing and further report to the Prime Minister.

7. The petrol and LPG trading establishments

a) Petrol and LPG wholesale traders are liable for strict management and regular inspection of their distribution system, ensuring that producing and trading establishments comply with the provisions of law on business conditions, measurement, quality, fire and explosion safety, security and order, labor hygiene and safety, and environmental protection; to clearly define the responsibilities of each stage in the distribution system; to strictly follow transportation process of petrol and LPG (by road or by sea) from the warehouse, tanks to the retail posts; to take responsibilities for violations of measurement and quality occurring during the distribution of petrol and LPG in their systems.

b) The petrol and LPG retail stores shall ​​strictly implement regulations on business conditions, and fire and explosion safety, be liable for providing adequate information and guidance to consumers on purchase and safe use of petrol and LPG ​​ at the trading establishment and during process of using.

c) The apartment management units and units supplying LPG through centralized systems in the building shall review and inspect all centralized LPG ​​supply facilities in apartment buildings, carry out periodic maintenance as prescribed.

8. Implementation Responsibilities

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees, relevant oganizations, agencies and individuals are, within the scope of assigned tasks and functions, liable to implement this Directive.

2. The Minister of Industry and Trade shall guide and speed up the implementation of this Directive, promptly address to competent levels for settlement of problems arising in the course of implementation; integrate the implementation results of this Directive and report to the Prime Minister in April, 2012.