New conditions for petrol and oil importers in Vietnam
From 15 January 2018, Decree 8/2018 has simplified the conditions for obtaining a licence to import petrol for domestic distribution under Decree 83/2014 as below:
Old Regulations – Decree 83/2014 |
New Regulations – Decree 8/2014 |
Notes |
Being
established lawfully, having registered for petrol and oil trading as
specified in its enterprise
registration certificate |
Being
established lawfully. |
The
change is not material. Without the amendment, under the enterprise
registration, the petrol importer still needs to register for petrol and oil
trading. |
Having
a special-use wharf in Vietnam’s international port system, which is capable
of receiving oil tankers or other petrol and oil transport vehicles with a tonnage
of at least 7,000 tons under its ownership or co-ownership or on a lease for
at least five years. |
No
change same as old regulations. |
|
Having
a depot with a minimum capacity of 15,000 cubic meters to receive petrol and
oil from oil tankers and special-use transport vehicles, which are under its
ownership or co-ownership or on a lease for at least five years. |
No
change same as old regulations. |
|
Three
years after being granted a petrol and oil import or export license, the
trader must own or co-own with a capital contribution of at least 51% the
depot system, which is capable of meeting at least one-third of the trader’s
reserve demand. |
Not
applicable |
Traders
no longer have to bear the burden of ownership of such depot. |
Having
vehicles for domestic petrol and oil transport under its ownership or
co-ownership or on a lease for at least five years from a petrol and oil
service provider. |
No
change same as old regulations. |
|
Two
years after being granted a petrol and oil import or export license, the
trader shall own or co-own with a capital contribution of at least 51%
vehicles for domestic petrol and oil transport with a total load capacity of
at least 3,000 m3. |
Not
applicable |
Traders
no longer have to bear the burden of owning vehicles. |
Having
a petrol and oil distribution system: At least 10 petrol and oil retail
stations under its ownership or co-ownership and at least forty 40 petrol and
oil general agents or retail agents in its distribution system. |
No
change same as old regulations. |
Petrol
distribution system includes retail stations and agent system which comprises of general agents, retail agents and retail
franchisees. The wording of Decree 83/2014 suggests that a petrol
importer must have a distribution network of at least 50 petrol stations. |
Every
year after being granted a petrol and oil import or export license, the
trader shall own or co-own at least four petrol and oil retail stations until
its distribution system has at least 100 petrol and oil retail stations. |
Not
applicable. |
Trader
is not required to expand its network annually. |
Being
in accordance with the master plan on petrol and oil importers and exporters |
Master
plan on petrol and oil importers and exporters is removed. |
Traders
are no longer subject to master plan on petrol and oil importers and
exporters |
This post is contributed in parts by Dinh Thi Khanh Linh, an intern at Venture North Law.