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1
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Petrol and oil production
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1. Being lawfully established, having registered for petrol and oil trading as specified in its Business Registration Certificate; 2. Having petrol and oil production establishments under approved planning and being permitted for investment by competent authorities: 3. Having laboratories and gauging facilities capable of testing the quality of produced petrol and oil under current regulations.
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Article 10 Decree No. 84/2009/ND-CP
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Enterprises are only permitted to conduct his business when satisfying all the required conditions.
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2
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Export and import of petrol and oil
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A trader which fully meets the conditions below may obtain a petrol and oil export-import license: - Being established lawfully, having registered for petrol and oil trading as specified in its business registration certificate; - Having special-use wharves within Vietnam's international port system, which are capable of receiving import oil tankers or other means of transport with a tonnage of at least seven thousand (7,000) tons under its ownership or co-ownership or on a lease for at least five (5) years;
- Having depots with a minimum capacity of fifteen thousand (15.000) cubic meters to receive imported petrol and oil from oil tankers and other means of transport, which are under its ownership or co-ownership or on a lease for at least five (5) years;
- Having special-use means to transport petrol and oil under its ownership or co-ownership or on a lease for at least five (5) years to ensure petrol and oil supply for its distribution network;
- Having its own petrol and oil distribution network with at least ten (10) petrol and oil retail shops under its ownership or co-ownership and a network of at least forty (40) petrol and oil retail agents;
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Article 7 of Decree No. 84/2009/ ND- CP
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The Ministry of Industry and Trade
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3
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Petrol and oil general agents
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- Being lawfully established; having registered for petrol and oil trading as specified in its business registration certificate:
- Having depots or tanks with a capacity of at least five thousand (5.000) cubic meters under its ownership or co-ownership or on a lease for at least five (5) years to ensure stable supply for its petrol and oil distribution network:
- Having its own petrol and oil distribution network with at least five (5) petrol and oil retail shops under its ownership or co-ownership and at least twenty (20) petrol and oil retail agents. This distribution network must belong to the key trader's distribution network and is subject to that trader's control;
- Having special-use means to transport petrol and oil under its ownership or co-ownership or on a lease for at least five (5) years;
- Having its managers and sale staff technically trained in fire prevention and fighting safety and environmental protection under current regulations.
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Article 13 of Decree No. 84/2009/ ND- CP
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Enterprises are only permitted to conduct his business when satisfying all the required conditions.
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4
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Petrol and oil retail agents
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- Being lawfully established: having registered for petrol and oil trading as specified in its business registration certificate; - Having petrol and oil retail shops under its ownership or co-ownership; - Having its managers and sale staff technically trained in fire prevention and control safety and environmental protection under current regulations.
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Article 14 of Decree No. 84/2009/ ND- CP
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Enterprises are only permitted to conduct his business when satisfying all the required conditions.
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5
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Petrol and oil retail shops
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A petrol and oil retail shop which fully meets the conditions below may obtain a certificate of eligibility for petrol and oil trading: - Having sale places which conform with the approved planning; - Being built and equipped in accordance with current criteria on petrol and oil retail shops promulgated by the Ministry of Science and Technology;
- Having its managers and sale staff technically trained in fire prevention and fighting safety and environmental protection under current regulations.
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Article 15 of Decree No. 84/2009/ ND- CP
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Provincial or Municipal Department of Industry and Trade
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6
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Provision of services to lease ports and depots for receiving petrol and oil
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- Being lawfully established, having registered for petrol and oil trading as specified in business registration certificates. - Having special-use wharves within the system of seaports and inland waterway ports and depots under enterprises' own ownership or co-ownership, which are built up to prescribed standards and in conformity with approved planning. - Having managers and sale staff trained in fire prevention and fighting safety techniques and environmental protection under current regulations.
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Article 18 of Decree No. 84/2009/ ND- CP
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Enterprises are only permitted to conduct his business when satisfying all the required conditions.
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7
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Provision of petrol and oil transport services
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- Being lawfully established, having registered for petrol and oil trading as specified in business registration certificates. - Having special-use means to transport petrol and oil under enterprises' own ownership or co-ownership, which meet requirements and standards on petrol and oil transportation and are examined and permitted for circulation by competent authorities under law. - Having managers and direct operators of means of transport trained in fire prevention and fighting safety techniques and environmental protection under current regulations.
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Article 19 of Decree No. 84/2009/ ND- CP
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Enterprises are only permitted to conduct his business when satisfying all the required conditions.
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8
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LPG bottling stations
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An LPG bottling station that fully satisfies the following conditions will be granted a certificate of LPG bottling: - Having a business registration certificate, covering the registration for LPG bottling. - Being located in line with the planning and project or design approved by a competent authority. The building of an LPG-bottling station must comply with the Construction Law and other relevant laws on construction of LPG works.
- Having a station, bottling equipment, pipeline system, tanks and auxiliary equipment complying with safety rules in current national technical regulations.
- Having machines and equipment subject to stringent requirements on labor safety and sanitation inspected and registered under regulations.
- Having surrounding protection fences, which are well-ventilated and built at a safety distance from the station as prescribed in the relevant Vietnam standard and an appendix to this Decree (not printed herein).
- Having a certificate of satisfaction of fire prevention and fighting conditions and a certificate of satisfaction of security and order conditions granted by competent police offices under law.
- Performing all the processes of bottling LPG or filling tank trucks with LPG operating its machines and equipment, responding to incidents and complying with safety rules.
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- Article 16 Decree No. 107/2009/ND-CP; - Clause 5 Article 2 of Decree No.118/2011 /ND-CP
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Provincial or Municipal Department of Industry and Trade
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9
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Automobile LPG-filling stations
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- An automobile LPG-filling station must be built under planning and according to current technical regulations, and have a construction permit accompanied with a project or design approved by a competent authority for construction investment. - Its measuring devices have been inspected and corrected under regulations. - Its equipment subject to stringent requirements on automobile LPG filling safety has been inspected and registered under regulations.
- It has a certificate of satisfaction of fire prevention and fighting conditions and a certificate of satisfaction of security and order conditions granted by competent police offices under law.
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- Article 33 of Decree No. 107/2009/ ND-CP; - Clause 5 Article 2 of Decree No.118/2011/ND-CP
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Provincial or Municipal Department of Industry and Trade
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10
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LPG supply stations
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- An LPG supply station must be built under planning and according to current technical regulations, and have a construction permit accompanied with a project or design approved by a competent authority for construction investment. - Its measuring devices have been inspected and corrected under regulations. - It has a certificate of satisfaction of fire prevention and fighting conditions and a certificate of satisfaction of security and order conditions granted by competent police offices under law; and a slip of results of inspection of equipment of LPG supply stations subject to stringent safety requirements.
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- Article 37 of Decree No. 107/2009/ ND-CP; - Clause 5 Article 2 of Decree No.118/2011/ND-CP
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Provincial or Municipal Department of Industry and Trade
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11
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Bottled LPG-selling stores
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A bottled LPG-selling store that fully satisfies the following conditions will be granted a certificate of satisfaction of LPG trading conditions: - Having a business registration certificate, covering the registration for sale of bottled LPG - Having entered into a bottled LPG purchase contract of a term of at least 1 (one) year, which is still valid, with an eligible agent or general agent or LPG wholesaler under this Decree.
- Having a certificate of satisfaction of fire prevention and fighting conditions; a certificate of satisfaction of security and order conditions granted by a competent police office under law.
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- Article 29 of Decree No. 107/2009/ ND-CP; - Clause 5, Clause 8 Article 2 of Decree No.118/2011/ND-CP
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Provincial or Municipal Department of Industry and Trade
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12
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LPG export or import traders
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1. Having a business registration certificate, covering the registration of LPG export and/or import. 2. Owning or co-owning a wharf within the Vietnamese seaport system under a joint-venture or capital contribution contract, which has been built under planning and according to current technical regulations; or having entered into a contract for lease of a wharf for at least one year for receiving LPG ships; having storehouses of a total capacity of tanks of 3,000 m3 (three thousand cubic meters) or more for storing imported LPG from ships or other vehicles. 3. Owning at least 300,000 (three hundred thousand) LPG bottles of all kinds (except mini bottles). These LPG bottles must be compatible with trademarks and brands already registered with the competent functional agency under law.
4. Having an LPG bottling station with a certificate of satisfaction of LPG bottling conditions specified in Article 17 of this Decree.
5. Having an LPG distribution system, including member enterprises, branches, shops or automobile LPG-filling stations or LPG supply stations and at least 40 (forty) LPG-trading agents (general agent and agents or agents) that fully satisfy the conditions specified in this Decree.
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Article 7 of Decree No. 107/2009/ ND-CP
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The Ministry of Industry and Trade
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13
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LPG production or processing traders
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- Having a business registration certificate, covering LPG production or processing registration. - Having an LPG production or processing establishment (below referred to as LPG production plant) under a planning or project already approved by a competent authority for construction investment. - Having a certificate of technical eligibility for LPG production or processing.
- Having an LPG quality testing laboratory capable of inspecting LPG quality under current regulations.
- Having an LPG storehouse (beyond the storing capacity already approved in the investment project) with a total capacity of tanks of at least 5,000 m3 (five thousand cubic meters) and built under planning and according to current technical regulations to receive imported LPG from ships or other vehicles.
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Article 10 of Decree No. 107/2009/ ND-CP
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The Ministry of Industry and Trade coordinates with provincial or municipal the people’s committees in checking and supervision of traders involved in LPG production and processing, Grade I distributors
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14
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Grade-I LPG distributors
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- Having a business registration certificate, covering the registration for LPG trading. - Owning or co-owning with other parties that have contributed capital for construction, an LPG storehouse with a total capacity of tanks of at least 800 m3 (eight hundred cubic meters) to receive LPG from ships or other transport vehicles, and built under planning and according to current technical regulations. - Owning at least 300.000 (three hundred thousand) LPG bottles of all kinds (except mini bottles); trademarks and brands already registered with competent authorities under law.
- Having an LPG-bottling station with a certificate of satisfaction of LPG bottling conditions specified in Article 17 of this Decree.
- Having an attached LPG distribution system, consisting of bottled LPG-selling shops or LPG supply stations or automobile LPG-filling stations, and at least 20 (twenty) LPG-trading agents (general agent and agents or agents) that fully satisfy the conditions specified in this Decree.
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Article 13 of Decree No. 107/2009/ ND-CP
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The Ministry of Industry and Trade coordinates with provincial or municipal the people’s committees in checking and supervision of traders involved in LPG production and processing, Grade I LPG distributors
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15
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LPG-trading general agent
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- Having a business registration certificate, covering the registration for LPG trading agency. - Having an LPG and bottled LPG storehouse built according to current national technical regulations and of a capacity of at least 2,000 (two thousand) LPG bottles or bottled LPG of all kinds (except mini bottles). - Having an LPG distribution system consisting of bottled LPG-selling stores or automobile LPG-filling stations, and at least 10 (ten) agents fully satisfying the conditions specified in Article 26 of this Decree.
- Having entered into an agency contract of a term of at least 1 (one) year, which is still valid, with an eligible LPG wholesaler under this Decree.
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Article 23 of Decree No. 107/2009/ ND-CP
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Enterprises are only permitted to conduct his business when satisfying all the required conditions.
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16
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LPG-trading agent
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- Having a business registration certificate, covering the registration for LPG trading agency. - Having a bottled LPG-selling store or an automobile LPG-filling station with a certificate of satisfaction of fire prevention and fighting conditions and a certificate of satisfaction of security and order conditions granted by competent police offices under law. - Having entered into an agency contract of a term of at least 1 (one) year, which is still valid, with an eligible LPG wholesaler or general agent under this Decree.
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- Article 26 Decree No. 107/2009/ND-CP; - Clause 5, Article 2 Decree No. 118/2011/ND-CP
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Enterprises are only permitted to conduct his business when satisfying all the required conditions.
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17
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Provision of services of leasing storehouses and ports for LPG exportation or importation
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- Having a business registration certificate, covering the registration for provision of services of leasing storehouses and ports for LPG exportation or importation. - Owning or co-owning a wharf in the Vietnamese seaport system under a joint venture or capital contribution contract and built under planning and according to current technical regulations; or having entered into a contract on renting a wharf for at least one year for receiving LPG ships or other transport vehicles. - Owning or co-owning LPG storehouses with a total capacity of tanks of 1,000 m 3 (one thousand cubic meters) or more under a joint venture or capital contribution contract approved by a competent authority and built under planning and according to current technical regulations.
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Article 41 Decree No. 107/2009/ND-CP
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Enterprises are only permitted to conduct his business when satisfying all the required conditions.
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18
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LPG transport services
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- Having a business registration certificate, covering the registration for provision of LPG transport services. - Owning or co-owning LPG transport vehicles under a joint venture or capital contribution contract, which fully satisfy the specified conditions and are accompanied with necessary dossiers and papers as required by law, including permit for dangerous goods transportation, certificate of inspection of measuring, checking and safety devices, and certificate of registration of quality standards and environmental protection, which are still valid.
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Article 44 Decree No. 107/2009/ND-CP
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Enterprises are only permitted to conduct his business when satisfying all the required conditions.
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19
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Producing, repairing LPG-containing bottles
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- Having fully regulations on safety, process of manufacturing LPG-containing bottles and processes of checking quality, products after manufacturing which have been approved byleaders of establishments. - Having equipment of testing, which meet requirements of testing safety and quality of LPG-containing bottles after being manufactured, specifying: a) System of pressure testing: Creating a pressure of not less than 3 MPa;
b) System of gas tightness testing:
c) Equipment of non-destructive testing: Equipment to test quality of weld, equipment tomeasure thickness by ultrasound;
d) Equipment to test component, mechanical nature of materials used for manufacture of bottles;
dd) Equipment to measure weight;
e) Equipment to measure the tightening torque.
- Having full human resources to operate equipment of testing and welder who meeting requirements:
a) Technical officers operating equipment of testing must be trained on profession, coached on technical safety as prescribed;
b) The LPG-containing bottle welders must have certificate of welding the pressure equipment as prescribed.
- Having fully plans on fire prevention and fighting having been approved, devices of fire prevention and fighting as prescribed.
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- Item c Clause 1 Article 56 of Decree No. 107/2009/ND-CP; - Article 47 of Circular No. 41/2011/ TT- BCT
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The Ministry of Industry and Trade
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20
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LPG bottle testing
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The LPG-bottle testing stations shall be granted certificate of eligibility of LPG-bottle testing when ensuring the following requirements: - Having fully safety regulations, process of testing bottles containing LPG having been approved by leaders as prescribed. - Having fully necessary equipment to service for testing, specifying:
a) Equipment to recapture LPG remained in bottle;
b) Equipment to measure thickness of metal, equipment for ultrasound of weld;
c) Equipment to assembly and disassembly valves of bottle;
d) Equipment to test durability, tightness;
dd) Equipment to remove water;
e) Equipment for checking inside;
g) Equipment to clean surface;
h) Scales;
i) Equipment for stamp;
k) The vacuum-sucking equipment.
All above equipments must have technical parameters and output in conformity with the testing output of stations.
- Having fully necessary human resource to service for testing.
The officers directly testing bottles must be trained on professional and safe skills in the bottle testing and have working experiences for at least 2 years.
- Having fully plans on fire prevention and fighting having been approved, devices of fire prevention and fighting as prescribed.
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- Item c Clause 1 Article 56 of Decree No. 107/2009/ND-CP; - Article 43 of Circular No.41/ 2011/TT- BCT
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The Ministry of Industry and Trade
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21
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Provision of commercial assessment services
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Traders providing commercial assessment services must fully satisfy the following conditions: - Being enterprises established according to the provisions of law; - Having assessors who have all the qualifications specified in Article 259 of the Law on Commerce 2005;
- Being capable of carrying out procedures and methods for assessing goods or services under the provisions of law, the international standards or which are commonlly applied by countries in assessment of such goods or services.
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- Section 6 of the Law on Commerce 2005; - Article 9 of Decree No. 20/2006/ ND- CP; - Clause 1 Article 4 of Decree
No. 120/2011/ND-CP
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22
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Production of industrial explosive materials
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Certificate of satisfaction of the conditions for production of industrial explosive materials
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- Clause 3 Article 25 of Ordinance No. 16/2011/UBTVQH12;
- Clause 4, Clause 5 Article 1 of Ordinance No. 07/2013/ UBTVQH13;
- Article 17 of Decree No. 39/2009/ ND-CP;
- Clause 2 Article 1 of Decree No. 54/2012/ND-CP
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The Ministry of Industry and Trade
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23
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Production of explosive precursors
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Certificate of satisfaction of conditions for production of explosive precursors
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- Clause 2 Article 16 of Decree No. 39/2009/ND-CP; - Clause 1 Article 1 Decree No. 54/2012/ND-CP
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The Ministry of Industry and Trade
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24
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Trading of industrial explosive materials
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License for trading of industrial explosive materials
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- Clause 4 Article 25 of Ordinance No.16/2011/UBTVQH12; - Clause 6 Article 1 of Ordinance
No.07/2013/UBTVQH13;
- Article 19 Decree No.39/2009/ND-CP;
- Clause 4 Article 1 Decree No.54/ 2012/ND-CP
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The Ministry of Industry and Trade
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25
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Trading of explosive precursors
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License for trading of explosive precursors
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- Clause 4 Article 25 of Ordinance No.16/2011/UBTVQH12; - Clause 6 Article 1 of Ordinance No.07/2013/UBTVQH13;
- Clause 2 Article 16 of Decree No.39/2009/ND-CP;
- Clause 1 Article 1 of Decree No.54/2012/ND-CP
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The Ministry of Industry and Trade
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26
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Export, import of industrial explosive materials, explosive precursors
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License for export, import of industrial explosive materials, explosive precursors
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Article 16, Article 36 of Decree No.39/2009/ND-CP
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The Ministry of Industry and Trade
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27
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Use of industrial explosive materials
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License for use of industrial explosive materials
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- Article 27 of Ordinance No.16/ 2011/UBTVQH12; - Article 21 of Decree No.39/2009/ ND-CP
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- The Ministry of Industry and Trade; - Provincial the people’s committees; - The Ministry of National Defense
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28
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Blasting service
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License for provision of blasting service
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Article 26 Decree No.39/2009/ND- CP
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The Ministry of Industry and Trade
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29
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Transportation of industrial explosive materials
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License for transportation of industrial explosive materials
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- Article 26 of Ordinance No.16/ 2011/UBTVQH12, - Article 24 of Decree No.39/2009/ND-CP
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- The Ministry of Public Security; - The Ministry of National Defense
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30
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Production and trading of chemicals in the List of chemicals subject to conditional production and trading in industry
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- Certificate of satisfaction of conditions for Production and trading of chemicals in the List of chemicals restricted for production and trading. - Conditions for chemical production: a) The director or technical deputy director or technical officer in charge of chemical production of an establishment producing chemicals subject to conditional production or trading in the industrial sector must hold a university or higher degree in a chemical discipline;
b) The officer in charge of chemical safety control must be trained or coached in chemical safety techniques;
c) Laborers in direct exposure to chemicals must be trained or coached in chemical safety techniques;
d) The establishment's physical and technical facilities must satisfy the requirements specified in Article 12 of the Law on Chemicals;
dd) The establishment must have appropriate equipment and devices or having entered into a contract with a capable entity accredited by a competent agency to test the density of the components of chemicals;
e) The establishment must have measures for chemical-related incident prevention and responsive measures approved by competent authorities or Plans for chemical-related incident prevention and responsive measures approved by competent authorities
g) The establishment must have equipment for fire and explosion prevention and fighting according to the Law on Fire Prevention and Fighting; equipment for hazardous waste control, collection and treatment, or have signed contracts for hazardous waste transportation, disposal and destruction according to the Law on Environmental Protection.
- Conditions for chemical trading
a) The person in charge of chemical safety of a chemical trading establishment must hold an intermediate or higher degree in a chemical discipline;
b) Persons in direct exposure to chemicals must be trained or re-trained in chemical safety techniques;
c) The physical and technical facilities of the chemical trading establishments must satisfy the requirements specified in Article 12 of the Law on Chemicals;
d) The establishment must have measures for chemical-related incident prevention and responsive measures approved by competent authorities or Plans for chemical-related incident prevention and responsive measures approved by competent authorities;
dd) The establishment must have equipment for fire and explosion prevention and fighting according to the Law on Fire Prevention and Fighting; equipment for hazardous waste control, collection and treatment, or have signed contracts for hazardous waste transportation, disposal and destruction according to the Law on Environmental Protection.
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- Article 14 of the Law on Chemicals; - Article 7 of Decree No.26/2011/ ND- CP
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Provincial or Municipal Department of Industry and Trade
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31
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Production and trading of chemicals in the List of chemicals restricted for production and trading in industry
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- License for production and trading of chemicals in the List of chemicals restricted for production and trading. - Satisfying the conditions applicable to chemicals in the List of chemicals subject to conditional production and trading;
- Satisfying the conditions on planning; business restrictions; conditions on security, national defense, social order and related regulations
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- Article 15 of the Law on Chemicals; - Article 12 of Decree No.108/2008/ND-CP
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The Ministry of Industry and Trade
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32
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Investment in Schedule 1 chemical facilities
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- Having obtained authorization of the Prime Minister. - Having appropriate physical facilities, technologies and equipment for producing, consuming or storing Schedule 1 chemicals up to the quality standards registered by the enterprise; - Having a unit for analyzing and inspecting the product quality. In the absence of such a unit, the enterprise may hire a lawful analysis unit or center under a specialized agency for this purpose;
- Having a waste treatment system to ensure that operations at the facility do not cause environmental pollution; having sufficient working means and conditions to ensure labor safety and environmental sanitation as required for toxic chemical according to the provisions of law on labor and environment;
- Having technicians and workers who have professional competence and have been trained in chemicals, meeting the requirements of production technologies and product quality.
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Article 4 of Decree No. 100/2005/ ND- CP
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- The Prime Minister; - The Ministry of Industry and Trade
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33
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Export and import of Schedule 1 chemicals
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- Having obtained authorization of the Prime Minister. - Having granted with the Business Registration Certificate which records the business of chemical by the competent state authority; and the registration certificate of export and import code is recorded in the Tax Registration Certificate issued by the tax authority; - Having obtained the Certificate of satisfaction of conditions for trading of chemicals which are hazardous chemicals and products containing hazardous chemicals by the Provincial or municipal the Department of Science and Technology in accordance with the regulations of the Ministry of Science and Technology.
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Article 5 of Decree No. 100/2005/ ND- CP
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- The Prime Minister; - The Ministry of Industry and Trade
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34
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Investment in Schedule 2 and Schedule 3 chemical facilities
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- Having obtained written consent of the Ministry of Industry and Trade - Having appropriate physical facilities and technologies for production, processing and consumption of Schedule 2 chemicals, production of Schedule 3 chemicals up to quality standards registered by the enterprise; - Having a unit for analyzing and inspecting product quality. In the absence of such a unit, it is possible to hire a lawful analysis unit or center under a specialized agency for this purpose;
- Having a waste treatment system to ensure that operations at the facility do not cause environmental pollution;
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Article 6 of Decree No. 100/2005/ ND- CP
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The Ministry of Industry and Trade
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35
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Export and import of Schedule 2 and Schedule 3 chemicals
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- Having chemical business registration certificates granted by a competent state agency and registered export and/or import identification numbers indicated in tax registration certificates granted by a tax office. - Having certificates or satisfaction of conditions for dealing in toxic chemicals and products containing toxic chemicals, granted by the provincial/municipal Science and Technology Service according to regulations of Ministry of Science and Technology. - Having permits for export (import) of Schedule 2 chemicals or Schedule 3 chemicals granted by the Ministry of Industry.
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Article 9 of Decree No. 100/2005/ ND- CP
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The Ministry of Industry and Trade
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36
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Manufacturing fertilizers
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- A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority. - The infrastructure is satisfactory, in particular: a) The location, area, workshops, and warehouses are suitable for the manufacturing capacity;
b) The machinery, equipment, and technology process is suitable for the manufacturing capacity and categories of fertilizers;
c) A quality control system is established and maintained; standards are applied to raw materials to ensure fertilizer quality;
d) A laboratory is available, or an contract for quality control is concluded with an appointed or accredited laboratory that has been licensed for testing or analysis in accordance with the laws on goods quality;
dd) A waste treatment system that meets national standards and norms for environment is available;
e) All requirements regarding fire safety environment protection, occupational safety and hygiene according to relevant laws are satisfied.- Personnel:
a) The managers, technicians, and operators of the fertilizer manufacturing process are accomplished in chemistry, physics, or biology. The Technical Director or Deputy Technical Director possess bachelor’s degrees or higher;
b) The workers that directly work with fertilizers are provided with knowledge or training in fertilizers.
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Article 8 Decree No. 202/2013/ND-CP
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- The Ministry of Industry and Trade (phân bón vô cơ); - Bộ Nông nghiệp và Phát triển nông thôn (phân bón hữu cơ và phân bón khác)
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37
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Trading of fertilizers (chemical fertilizers)
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- A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority.
- The store or the business location where fertilizers are displayed for sale is able to maintain their quality as prescribed by the laws on goods quality.
- The fertilizer containers are satisfactory in terms of quality and environmental hygiene; fertilizers are transported by appropriate vehicles (whether owned or leased under contracts).
- Fertilizers are stored in separate warehouses (whether owned or leased under contracts) where the conditions for storing fertilizers are satisfactory throughout the span of the business. In the fertilizer retail outlets where warehouses are not available, fertilizers are kept in appropriate containers.
- Legal documents proving the manufacturers, importers, or suppliers of the fertilizers being sold are presented.
- All requirements for fire safety, environment protection, occupational hygiene and safety are satisfied.
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Article 15 Decree No. 202/2013/ND-CP
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38
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Export fertilizers (chemical fertilizers)
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- A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority.
- Corresponding National Technical Regulations are complied with throughout the manufacturing process or quality control systems are established in order to ensure the quality of the products meant for export;
- Exported fertilizers are conformable with regulations of the importing countries, contracts, international treaties, and mutual recognition agreements with regard to conformity assessments with relevant countries and territories.
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Article 16 Decree No. 202/2013/ND-CP
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39
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Import fertilizers (chemical fertilizers)
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- A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority.
- The imported consignment has a certificate of conformity issued by an appointed certification body;
- The labels of imported fertilizers are conformable with the laws on goods labels and the laws on goods quality; the imported fertilizers are safe for the environment.
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Article 17 Decree No.202/2013/ND-CP
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40
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Production of alcohol
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Having obtained the license for production of alcohol:
- License for production of industrial alcohol
- License for production of alcohol using traditional method for business purposes.
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Article 8 and Article 11 of Decree No.94/2012/ND-CP
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-The Ministry of Industry and Trade (for production of industrial alcohol with the scale of 03 million liters/ year or more);
-Provincial or Municipal Department of Industry and Trade (for production of industrial alcohol with the scale of less than 03 million liters/ year);
-The Division of Economics, the Division of industry and trade under district People’s Committee
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41
|
Trading of alcohol
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The requirements for issuing the License for wine trading and distributing include: a) The enterprise is established in accordance with law, and has registered the sale of alcoholic drinks or wine; b) Having fixed business premises with clear addresses; satisfying the requirements for technology and equipment as prescribed;
c) Having a system of wine distribution on at least 06 provinces (there must be at least 03 wine wholesalers in each province);
d) Having the letter of introduction and sale contracts of the wine producers or other wine distributors;
dd) Owning or co-owning warehouses according to joint-venture contracts or contribution contracts; or having warehouse lease contracts that suit the business scale of the enterprise (the minimum area is 300 m2, or the minimum volume is 1,000 m3 ) and satisfy the requirements for preserving the quality of wine while being stored therein.
e) Owning or co-owning means of transports according to joint-venture contracts or contribution contracts; or having the contracts to hire such vehicles that suit the business model of the enterprise (there must be at least 03 trucks having capacity of at least 500 kg), and satisfy the requirements for preserving the wine quality during the transport;
g) Being financially capable of ensuring the normal operation of the entire distribution system (having the Certificate of at least 01 billion VND);
h) Having a commitment made by the enterprise on the compliance with the requirements for fire prevention and fighting, and environment protection as prescribed by law;
i) Conformable with Article 18 of this Decree.
2. The requirements for issuing the License for wine wholesaling:
a) The enterprise is established in accordance with law, and has registered the sale of alcoholic drinks or wine;
b) Having fixed business premises with clear addresses; satisfying the requirements for technology and equipment as prescribed;
c) Having a system of wine wholesaling in the province where its premises are situated (there must be at least 03 wine retailers);
d) Affiliated to the business system of a wine producers or wine distributor; having the letter of introduction and contracts of the wine producer or wine distributor;
dd) Owning or co-owning warehouses according to joint-venture contracts or contribution contracts; or having warehouse lease contracts that suit the business scale of the enterprise (the minimum area is 50 m2, or the minimum volume is 150 m3 ) and satisfy the requirements for preserving the quality of wine while being stored therein.
e) Owning or co-owning means of transports according to joint-venture contracts or contribution contracts; or having the contracts to hire such vehicles that suit the business model of the enterprise (there must be at least 01 trucks having capacity of at least 500 kg), and satisfy the requirements for preserving the wine quality during the transport;
g) Being financially capable of ensuring the normal operation of the entire distribution system (having the Certificate of at least 300 million VND);
h) Having a commitment made by the enterprise on the compliance with the requirements for fire prevention and fighting, and environment protection as prescribed by law;
i) Conformable with Article 18 of this Decree.
3. The requirements for issuing the License for wine retailing:
a) The trader has registered the sale of alcoholic drinks or wine;
b) Having fixed business premises with clear addresses; satisfying the requirements for technology and equipment as prescribed;
c) Affiliated to the distribution system of a wine wholesaler; having the letter of introduction and contracts of the wine wholesaler;
d) Owning or co-owning warehouses according to joint-venture contracts or contribution contracts; or having warehouse lease contracts that suit the business scale of the enterprise and satisfy the requirements for preserving the quality of wine while being stored therein.
dd) Having a commitment made by the trader on the compliance with the requirements for fire prevention and fighting, and environment protection as prescribed by law;
e) Congruent with the planning for the wine retail system announced by the Service of Industry and Trade;
g) Conformable with Article 18 of this Decree.
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Article 17 of Decree No. 94/2012/ND-CP
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-The Ministry of Industry and Trade; -Provincial or Municipal Department of Industry and Trade; -The Division of Economics, the
Division of industry and trade under district People’s Committee
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42
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Manufacture of tobacco products
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License to manufacture tobacco products
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Article 17 Decree No.67/2013/ND- CP
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The Ministry of Industry and Trade
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43
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Trading of tobacco products (Distribution, Wholesale, retail sale of tobacco products)
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1. Conditions for obtaining a license to distribute tobacco products: a/ The enterprise is lawfully established and has registered tobacco wholesaling as its business line; b/ Having a fixed business location with a clear address, meeting the technical and equipment requirements as prescribed;
c/ Having a system of tobacco distribution covering at least 2 provinces (at least 2 tobacco wholesalers in each province);
d/ Having letters of introduction or purchase and sale contracts signed with tobacco suppliers;
dd/ Having a warehouse (or a system of warehouses) under its ownership (or co-ownership) according to the joint-venture contract or capital contribution contract, or having a warehouse lease contract suitable to the enterprise’s business scope (with an area of at least 100 m2 ) and meeting the requirement of preservation of the quality of tobacco products during the storage period;
e/ Having means of transport under its ownership or co-ownership according to the joint venture contract or capital contribution contract, or a contract on hiring means of transport suitable to the enterprise’s business scale (having at least 2 vehicles of a tonnage of at least 500 kg), and meeting the requirement of preservation of the quality of tobacco products during transportation;
g/ Having financial capacity to ensure the normal operation of the entire distribution system (having a certificate of at least VND 2 billion issued by a bank);
h/ Having a written commitment to comply with all requirements on fire prevention and fighting and environmental protection as prescribed by law;
i/ Conforming with the approved master plan on the tobacco trading network.
2. Conditions for obtaining a license for tobacco wholesaling:
a/ The enterprise is lawfully established and has registered tobacco wholesaling as its business line;
b/ Having a fixed business location with a clear address, ensuring all technical and equipment requirements as prescribed;
c/ Having a system of tobacco wholesaling in the province where the enterprise’s head office is based (with at least 2 tobacco retailers);
d/ Having letters of introduction or purchase and sale contracts signed with tobacco suppliers or tobacco distributors;
dd/ Having a warehouse (or a system of warehouses) under its ownership (or co-ownership) according to the joint venture contract or capital contribution contract, or a warehouse lease contract suitable to the business scope (with a total area is at least 50 m2) and meeting the requirements of preservation of the quality of tobacco products during the storage period;
e/ Having means of transport under its ownership or co-ownership according to the joint venture contract or capital contribution contract, or a contract on hiring means of transport suitable to the enterprise’s business scale (having at least 1 vehicle of a tonnage of at least 500 kg), and meeting the requirements of preservation of the quality of tobacco products during transportation;
g/ Having financial capacity to ensure the normal operation of the entire wholesaling system (having a certificate of at least VND 1 billion issued by a bank);
h/ Having a written commitment to comply with all requirements on fire prevention and fighting and environmental protection as prescribed by law;
i/ Conforming with the approved master plan on the tobacco trading network.
3. Conditions for obtaining a license for tobacco retailing:
a/ The trader has registered tobacco retailing as his/her business line;
b/ Having a fixed business location with a clear address, ensuing all technical and equipment requirements as prescribed;
c/ The area for tobacco sale is at least 3 m2;
d/ Having letters of introduction or sale contracts signed with tobacco wholesalers;
dd/ Conforming with the approved master plan on the tobacco trading network.
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Article 26 Decree No.67/2013/ND- CP
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- The Ministry of Industry and Trade shall issue, re-issue, amend supplement the License for distribution of tobacco products; - Provincial or Municipal Department of Industry and Trade shall issue, re-issue, amend supplement the License for wholesale of tobacco products; - the Division of Industry and Trade or the Division of Economics (specialized agency under the people’s committee of district , town or provincial cities – hereinafter referred to as the Division of Industry and Trade) shall issue, re-issue, amend supplement the License for retail sale of tobacco products.
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44
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Trading of tobacco materials
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License for trading of tobacco materials
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Article 9 of Decree No. 67/2013/ND- CP
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Provincial or Municipal Department of Industry and Trade
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45
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Processing of tobacco materials
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License for processing of tobacco materials
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Article 12 of Decree No.67/2013/ ND- CP
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The Ministry of Industry and Trade
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46
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Import of tobacco materials
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For imported tobacco materials under the quota, the enterprise must obtain the Import license from the Ministry of Industry and Trade and: a) Having obtained the License for production of tobacco products or the License for processing of tobacco materials; b) Tobacco materials, imported smoking paper must be suitable to the volume of production of the enterprise (in case of production for domestic assumption);
c) Having signed contracts for export or export processing of tobacco products or tobacco materials (in case of export production or export processing);
d) Having obtained the consent from the Ministry of Industry and Trade.
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Decree No.67/2013/ND-CP
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The Ministry of Industry and Trade
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47
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Trading of goods through Commodity Exchange
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- License for establishment of the Commodity Exchange - The Commodity Exchange shall be established when the following conditions are satisfied: a. Its legal capital of at least one hundred and fifty billion Vietnamese Dong;
b. Its charter is in compliance with the provisions of this Decree;
c. The Director or the General Director must have obtained a graduate degree, bachelor degree or higher and have at least five years working in the economic – financial field; having full civil capacity and not subject to prohibition on being involved in corporate management in accordance with the Law onEnterprises;
d. Other conditions as required by the Law on Enterprises
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Article 8 of Decree No.158/2006/ ND- CP
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The Ministry of Industry and Trade
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48
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Businesses of electricity generation, electricity transmission, electricity distribution, electricity wholesale, electricity retail sale, electricity export and import, electricity specialized consulting
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License for conducting electricity activities
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- Article 32, Article 38 of the Law on Electricity 2004; - Articles 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44 of Decree No.137/2013/ND-CP
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- The Ministry of Industry and Trade; - Ủy ban nhân dân tỉnh.
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49
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Production and trading of products under [the administration of] the Ministry of Industry and Trade (food)
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- Certificate of satisfaction of the conditions for food safety; - Certificate of the contents of the advertisement for food
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- Article 34 of the Law on Food Safety; - Article 12, 22 of Decree No.38/ 2012/ ND-CP
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The Ministry of Industry and Trade
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50
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Business establishment fully satisfying the conditions for food safety
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The business establishment shall be granted with the Certificate of satisfaction of the conditions for food safety when satisfying the following conditions: - Meeting all the conditions to ensure food safety appropriately to each kind of the food businesses in accordance with the provisions of Chapter IV of the Law on Food Safety; - Having registered the food business in its Business Registration Certificate;
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- The Law on Food Safety 2010; - Decree No.38/2012/ND-CP
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- The Ministry of Industry and Trade; - Provincial or Municipal Department of Industry and Trade
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51
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The business of rice export
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- To export rice, a trader must fully satisfy the following conditions: a/ Being established and registering business under law. b/ Having at least 1 (one) warehouse which can store at least 5,000 (five thousand) tons of paddies and meets general regulations promulgated by the Ministry of Agriculture and Rural Development.
c/ Having at least 1 (one) rice mill with an hourly capacity of at least 10 tons of paddies which meets general regulations promulgated by the Ministry of Agriculture and Rural Development.
- The rice warehouse and mill mentioned in this Article must be owned by the trader and located in a province or centrally run city which has export commodity rice or an international seaport with rice export activities at the time the trader applies for a certificate.
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Article 4 Decree No. I09/2010/ND- CP
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The Ministry of Industry and Trade
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52
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The business of temporary import and re-export of frozen food
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1. To be established before at least two (2) years and had activities of export, import or temporary import for re-export of goods. 2. There is a deposit amount as VND 5 billion (five billion Vietnam dong) at the State Treasury of central-affiliated cities and provinces where traders locate their storages as prescribed in clause 3 this Article. 3. There are storing areas in service for temporary import business for re-export. Specifying:
a) Storing areas must have minimum containing power of 100 (one hundred) cold containers of 40 feet, minimum area of one thousand fifty hundred square meters (1,500 m2). Storing areas are separated from the outside by solid fence, built with minimum height of two and a half meter (2,5 m); have roads for vehicles carrying containers to move in and out storing areas; have gate for out and enter, and signboard of traders that use the storing areas.
b) Storing areas must sufficiently have power source (including electric grid and backup generator with equivalent output) and special-use equipment accompanied in order to operate cold containers under containing power of storing areas specified in point a clause 3 this Article.
c) Storing areas must be owned by the traders or signed leasing contracts by traders, the minimum term is three (3) years. Storing areas must be in the planning or in areas specified by the provincial People's Committee where the operations of re-export of frozen foods take place. Planning and regions specified above shall be decided by provincial People’s Committees after have dealings with the Ministry of Industry and Trade and the General Department of Customs.
d) For provinces have not yet had activities of re-export of frozen foods in localities, when arising and having demand on zoning storing areas for traders to participate in temporary import business for re-export, provincial People’s Committees shall have dealings with the Ministry of Industry and Trade and the General Department of Customs before zoning.
e) A storing area which a trader has declared for grant of code number temporary import business for re-export is not allowed to be rented wholly or a part by other trader in order to use for purpose of applying for grant of code number temporary import business for re-export.
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Article 4 Circular No. 05/2013/TT- BCT
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The Ministry of Industry and Trade
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53
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The business of temporary import and re-export of goods subject to special consumption tax
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- To be established before at least two (2) years and had activities of export, import or temporary import for re-export. - There is a deposit amount as VND 5 billion (five billion Vietnam dong) at the State Treasury of central-affiliated cities and provinces where traders are granted Certificate of Business registration/ Enterprise registration certificate.
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Article 5 of Circular No. 05/2013/ TT-BCT
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The Ministry of Industry and Trade
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54
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The business of temporary import and re-export in List of used goods
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- To be established before at least two (2) years and had activities of export, import or temporary import for re-export. - There is a deposit amount as VND 5 billion (five billion Vietnam dong) at the State Treasury of central-affiliated cities and provinces where traders are granted Certificate of Business registration/ Enterprise registration certificate.
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Article 6 of Circular No. 05/2013/ TT-BCT
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The Ministry of Industry and Trade
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55
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Goods sale or purchase entrustment
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For goods imported or exported under permits, the entruster or the entrustee shall obtain import or export permits before signing entrustment or entrustment undertaking contracts.
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- Commercial Law 2005; - Decree No. 187/2013/ND-CP.
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The Ministry of Industry and Trade
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56
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Commercial agency
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1. Traders may act as agents of sale or purchase of all kinds of goods for foreign traders, except those on the list of goods banned or suspended from import and on the list of goods banned or suspended from export. For goods on the list of goods exported and imported under permits, traders may sign agency contracts only after obtaining permits of a competent agency.
2. Where it is specifically provided by law that agents may only enter into agency contracts with one principal for a certain kind of goods or service, traders shall observe such provision.
3. Traders may pay the turnover from the agency sale of goods in Vietnam dong to foreign traders present in Vietnam; or may remit abroad foreign-currency amounts as payments to foreign traders under regulations on foreign exchange management and the guidance of the State Bank of Vietnam, or make payment in goods not on the list of goods banned or suspended from export; in case of paying in goods on the list of goods exported under permits, they shall obtain permits of a competent agency.
4. If acting as purchase agents, traders shall request foreign traders to transfer money in a freely convertible foreign currency via bank so that they can purchase goods under agency contracts.
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- Commercial Law 2005; - Article 20 Decree No. 187/2013/ND-CP.
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The Ministry of Industry and Trade
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57
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Commercial franchise
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A trader shall be permitted to grant commercial rights when fully satisfying the following conditions: 1. The business system intended for franchise has been in operation for at least one year. Where a Vietnamese trader is the primary franchisee of a foreign franchisor, such Vietnamese trader must conduct business by mode of franchising for at least one year in Vietnam before sub-franchising.
2. Such trader has registered franchising with the competent agency defined in Article 18 of Decree No. 35/2006/ND-CP.
3. The in-business goods and/or services covered by commercial rights do not violate the provisions of Article 7 of Decree No. 35/2006/ND-CP.
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- Commercial Law 2005; - Decree No. 35/2006/ND-CP; - Circular No. 09/2006/TT-BTM.
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The Ministry of Industry and Trade
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58
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Coal trading
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1. Only enterprises are allowed to trade in coal. 2. Enterprises that trade in coal (hereinafter referred to as coal traders) must be established and operate in accordance with the Law on Enterprises and have Certificates of Enterprise registration in which coal trading is registered. 3. Depending on the business conditions, coal traders must comply with the following conditions:
a) The business premises, vehicles, loading instruments, warehouses, ports, measuring instruments are adequate to serve the business, and meet requirements for technology, safety, environmental hygiene, and fire and explosion prevention.
b) Vehicles is covered to prevent dust and leak, comply with requirements of environment protection in traffic.
c) The locations of ports of destination, ports of departure are conformable with local port planning; coal is stored in specialized warehouses and loaded to vehicles safely.
d) Different kinds of coal in coal warehouses and coal stores are stored in separate holds; their locations are conformable with local construction planning, ensure environment protection and traffic safety. Fire prevention and fighting measures and instruments inspected and licensed by local fire departments are provided where pyrophoric coal is stored
dd) Managers, technicians, and employees that directly selling coal have practice certificates.
4. Enterprises may only trade in coal of lawful origins.
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- Decree No. 15/2012/ND-CP; - Decree No. 59/2006/ND-CP; - Article 4 Circular No. 14/2013/TT-BCT.
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The Ministry of Industry and Trade
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59
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Provision of principal logistic services
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1. The enterprise must have lawful business registration in accordance with the law of Vietnam. 2. There must be adequate facilities, equipment and working facilities which ensure technical [standards] and safety criteria, and there must be a team of staff who satisfy the requirements. 3. Foreign business entities, in addition to satisfying the conditions stipulated in clause 2 of this article, shall only be permitted to engage in logistic services business when they also satisfy the following specific conditions:
(a) In the case of business in unloading goods, a foreign business entity shall only be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 50%;
(b) In the case of business in warehousing services, the foreign business entity shall be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 51%; this restriction shall terminate in year 2014;
(c) In the case of business in transportation agency services, the foreign entity shall be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 51%, and as from year 2014 the establishment of a joint venture company shall not be restricted in terms of the capital contribution ratio of the foreign investor;
(d) In the case of business in other subsidiary services, the foreign business entity shall be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 49%; this restriction shall be 51% as from year 2010 and [this restriction] shall terminate in year 2014.
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- Commercial Law 2005; - Decree No. 140/2007/ND-CP.
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The Ministry of Industry and Trade in collaboration with The Ministry of Transport
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60
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Provision of logistic services relating to transportation
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1. The enterprise must have lawful business registration in accordance with the law of Vietnam. 2. Compliance with the conditions applicable to transportation business as stipulated by the law of Vietnam. 3. Foreign business entities engaging in logistic services business, in addition to satisfying the conditions stipulated in clause 2 of this article, shall only be permitted to engage in logistic services business when they also satisfy the following specific conditions:
(a) In the case of business in maritime transportation services, a foreign business entity shall only be permitted to establish a fleet operating joint venture company as from year 2009 in which the capital contribution ratio of the foreign investor does not exceed 49%; and shall be permitted to establish an international sea transportation services joint venture in which the capital contribution ratio of the foreign investor does not exceed 51%, and this restriction shall terminate in year 2012;
(b) In the case of business in internal waterway transportation services, a foreign business entity shall only be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 49%;
(c) Aviation transport business services shall be implemented in accordance with the Law on Civil Aviation of Vietnam;
(d) In the case of rail transportation business services, a foreign business entity shall only be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor may not exceed 49%;
(dd) In the case of business in road transportation services, a foreign business entity shall be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 49%; and this restriction shall be 51% as from year 2010;
(e) It shall not be permitted to provide pipeline conduit services, except where an international treaty of which the Socialist Republic of Vietnam is a member contains some other provision.
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- Commercial Law 2005; - Decree No. 140/2007/ND-CP.
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The Ministry of Industry and Trade in collaboration with The Ministry of Transport
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61
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Provision of other relevant logistic services
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1. The enterprise must have lawful business registration in accordance with the law of Vietnam. 2. Foreign business entities engaging in logistic services business shall only be permitted to conduct business in [other] logistic services when they satisfy the following specific conditions: (a) In the case of business in services of technical checks and analysis:
In the case of services provided in order to exercise authority of the Government, they may only be provided in the form of a joint venture after three years or in other forms after five years, as from the date on which the private enterprise is permitted to conduct business in such services.
It shall not be permitted to conduct business in services of acceptance testing of, and issuance of certificates for transportation facilities.
The provision of services of technical checks and analysis shall be restricted [not permitted] in geographical locations as determined by the competent body for reasons of national defence and security.
(b) Business in services being posts, wholesale commercial services and retail commercial services shall be subject to discrete regulations of the Government.
(c) It shall not be permitted to provide other subsidiary transportation services, unless an international treaty of which the Socialist Republic of Vietnam is a member contains some other provision.
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- Commercial Law 2005; - Decree No. 140/2007/ND-CP.
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The Ministry of Industry and Trade in collaboration with The Ministry of Transport
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62
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Exporting minerals
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1. Only enterprises are allowed to export minerals. The mineral exporters are the enterprises established and operated in accordance with the Law on Enterprises; satisfy all requirements prescribed in the Law on Commerce applicable to the export, import, processing, and agents of goods with foreign partners. 2. Minerals are allow to be exported when all of the following conditions are satisfied: a) The minerals are processed and in the list in the Annex enclosed with this Circular.
b) The minerals satisfy the quality standards that are not lower than that provided in the Annex enclosed with this Circular.
c) The origins of minerals are legal, in particular:
- The minerals are extracted from the mines that have unexpired Licenses for extraction or the License for exploitation issued by competent State agencies; or
- The minerals are legally imported; or
- The minerals are confiscated and liquidated by competent State agencies.
The imported minerals (for re-export or export processing) are considered legal when the Declaration of imported minerals certified by the checkpoint customs is presented (the authenticated copy).
For confisticated and liquidated minerals, the following papers are required: the sale invoices of the confiscated and expropriated assets, the delivery bill, the Record on the handover of violating assets that are confiscated and put up for auction (the authenticated copy).
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- Law on Mineral; - Decree No. 15/2012/ND-CP; - Circular No. 41/2012/TT-BCT
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The Ministry of Industry and Trade
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63
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Petroleum Operations
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- Any organizations, individuals conducting Petroleum Operations shall utilize advanced technology and comply with Vietnamese Law regarding the protection of natural resources and the environment, and the safety of person and property. - Any organizations, individuals conducting Petroleum Operations shall have a plan for environmental protection, take all measures to prevent pollution, promptly eliminate sources of pollution, and be responsible for remedying all results of pollution. - Any organizations, individuals conducting petroleum Operations shall establish a safety zone around installations servicing Petroleum Operations in compliance with regulations of the Government of Vietnam.
- Any organizations, individuals conducting Petroleum Operations shall obtain and maintain insurance for facilities, installations servicing Petroleum Operations, environmental insurance and other forms of insurance in compliance with Vietnamese Law and in accordance with the international practices of the petroleum industry.
- The area for exploration and prospecting under an oil and gas contract shall be determined based on the lots decided by the Prime Minister
- Petroleum Operations shall not be conducted in any areas declared by the State of Vietnam to be off-limits or provisionally by off-limits for reasons of national defense, national security or public interest.
In case any Petroleum Operations which have been permitted are prohibited or temporarily prohibited, the Government of Vietnam shall make appropriate settlement for damages to organizations or individuals resulting from such prohibition or temporary prohibition.
- The Government of Vietnam permits organizations, individuals to conduct scientific research, exploration for and production of minerals and natural resources other than Petroleum in the area covered by a Petroleum contract in compliance with the Vietnamese Laws. These operations shall not hinder or be detrimental to Petroleum Operations.
- All the sample, cores, data and information acquired during the conduct of Petroleum Operations are the property of the state of Vietnam. The handling and utilization of such samples, cores, data and information shall comply with the Vietnamese laws.
- Any organizations, individuals conducting Petroleum, Operations is permitted to install, operate and maintain fixed installations and equipment servicing Petroleum Operations; to construct and use transport routes, pipelines, warehouses for the purpose of transporting and storing Petroleum in compliance with the Vietnamese laws.
The ownership of the above installations and equipment shall belong to the State of Vietnam from the date agreed upon by the parties to a Petroleum Contract.
- In the course of carrying out oil and gas activities, after completing a work step, a work phase or an entire oil and gas contract, organizations and individuals carrying out oil and gas activities shall clear up fixed works, equipment and means for oil and gas activities no longer in use and restore the environment according to law.
- Vietnam Oil and Gas Group is the international transaction name of Tap doan Dau khi Viet Nam - Cong ty me, referred to as PetroVietnam and abbreviated to PVN. Vietnam Oil and Gas Group is a state company which may carry out oil and gas activities and conclude oil and gas contracts with organizations and individuals carrying out oil and gas activities according to law.
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- Petroleum Law1993; - The Law on amending and supplementing a number of articles of the Petroleum Law 2000; - The Law on amending and supplementing a number of articles of the Petroleum Law 2008;
- Decree No. 34/2010/ND-CP;
- Decree No. 115/2005/ND-CP.
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The Ministry of Industry and Trade
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