Accordingly, with regard to gas importers and exporters, this Decree removes the requirements of minimum capacity of gas storage tanker and quantity of LPG bottles with regard to LPG importers and exporters. However, this Decree adds the requirements applied to gas importers and exporters using gas pipelines according to which they must also own gas pipelines and gas distribution stations which satisfy all conditions for safety, fire preventing and fire extinguishing (Article 6).
With regard to gas-producing and gas-processing traders, this Decree also removes the requirements of minimum capacity of CNG storage tanks and minimum capacity of CNG compressor stations. However, this Decree adds the requirements according to which processing line, machines and equipments which are used for gas processing must be tested (Article 7).
Relating to requirements applied to gas sellers and purchasers, this Decree also remove the requirements of minimum capacity of gas storage tanks and requirements of quantity of LPG bottles, LPG bottling stations, distribution channel with regard to bottled LPG traders (Article 8).
However, every LPG bottle circulating on the market must be certified to be conformed to regulations and have its dossier and origin provided by the producer (Article 16).
All gas business facilities (gas producers, processors, importers, exporters, sellers or purchasers; traders producing and repairing LPG bottles or mini-sized LPG bottles; filling stations, distribution stations and compressing stations; traders leasing tanks, bottled LPG warehouse and means of transport) must develop a safe management program and send a report of risk assessment as well as plans for dealing with emergency events to competent authorities for approval (Article 47).
This Decree takes effect from August 1st, 2018 and replaces Decree No. 19/2016/ND-CP dated March 22nd, 2016. To abolish Chapter V of Decree No. 77/2016/ND-CP dated July 1st, 2016.
a) Machinery, equipment, components, means of transport necessary for petroleum activities, including those temporarily imported for re-export;
b) Components, parts, spare parts for assembly or operation of machinery and equipment; raw materials for manufacture of machinery and equipment, components, parts, or spare parts of machinery and equipment necessary for petroleum activities;
c) Supplies necessary for petroleum activities, which cannot be manufactured domestically.
Accordingly, only “supplies necessary for petroleum activities” have to meet the conditions on which they cannot be domestically produced upon consideration for import duty exemption.
With regard to machinery, equipment, components, means of transport and components for assembly, manufacture of machinery and equipment necessary for petroleum activities, they shall be exempt from duty regardless of whether they can be manufactured domestically or not.
In the event the signed petroleum contract contains financial obligations that are different from regulations on establishment of fund for decommissioning installations specified in Chapter IV of this Decision, the decommissioning entity shall adhere to such petroleum contract.
This Decision takes effect from February 12th, 2018 and replaces Decision No. 40/2007/QD-TTg dated March 21st, 2007.
Accordingly, the dossier for registration of a gas preparation establishment shall be submitted to the Directorate for Standards, Metrology and Quality according to any of these ways: direct submission, submission by post, online submission (Article 5).
The certificate to a gas preparation establishment shall be valid for not more than 5 years from the date of its grant (Article 6).
With regard to LPG products regulated by national technical regulation QCVN 8:2012/BKHCN, traders producing, preparing or importing gas shall implement quality control measures stated in the national technical regulation before marketing their products. For LNG and CNG products not regulated by the national technical regulation, traders producing, preparing or importing gas shall announce applied standards before marketing their gas products (Article 3).
This Circular does not apply to traders that import, produce or prepare gas for their own needs without marketing their gas products as registered with the Ministry of Industry and Trade (Article 2).
This Circular takes effect from January 1st, 2017.
- Applications for Certificates of Eligibility for LPG/LNG/CNG import and export
- Applications for Certificates of Eligibility for LPG/LNG/CNG distribution
- Application for Certificate of Eligibility for LPG Bottling
- Applications for Certificates of Eligibility for LPG/LNG/CNG vehicle filling
- Applications for Certificates of Eligibility to Operate LPG/LNG/CNG Filling Station
- Applications for Certificate of Eligibility for LPG general agent
- Application for Certificate of Eligibility for LPG agent
- Application for Certificate of Eligibility for selling LPG to bottled LPG shop
- Applications for re-grant, adjustment, extension and revocation of Certificates of Eligibility
In addition, under this Circular, dedicated gas producers, importers and processers must not apply for the licenses; they shall instead register for dedicated gas production, importation and processing with the Ministry of Industry and Trade prior to October 30 of every year
According to Article 7, 8, 9 of this Decree, every gas importer and exporter, gas-producing and gas-processing facility, gas distributor must be enterprises
In addition, if LNG, CNG importer and exporter do not have their own wharves, they must have the contract on leasing wharves for at least 05 years. The total storage tanker capacity is at 60,000 m3 for LNG and at least 200,000 m3 for CNG (Clause 1 Article 7). With regard to LPG importer, exporter, distributor, after 02 years from the date of issue of the Certificate of Eligibility for LPG import/export, they must have their own LPG bottling stations available (Clause 2 Article 7, Clause 2 Article 9)
This Decree does not apply to gas importers, producing and processing entities whose gas products serve their own interests and are not sold on the market according to the registration with the Ministry of Industry and Trade.
This Decree shall replace the Government's Decree No. 107/2012/ND-CP dated December 20th 2012, defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport and Article 2 of the Government’s Decree No. 118/2011/ND-CP
This Decree takes effect from May 15th, 2016.
This Decree replaces the Government's Decree No. 107/2012/ND-CP dated November 26th, 2012 and Article 2 of the Government’s Decree No. 118/2011/ND-CP dated December 16th, 2011. Any former regulation that is inconsistent with provisions hereof shall be annulled.
However, tax shall be paid in Vietnamese dong (VND) in the following cases:
- Where the crude oil and natural gas are sold in Vietnamese market, the selling price is determined on USD basis
- Where the crude oil and natural gas are sold and collected in US dollar but the taxpayers make payment of tax in VND as stipulated by the Government
The tax rate of corporate income tax of petroleum activities is from 32% to 50%, the specific tax rate shall be prescribed by the Prime Minister, based on the location and extraction conditions and oilfield reserve (Article 18)
This Circular takes effect from April 12th, 2016 and applies to the tax period from 2016 onwards and applies to the shipments of crude oil or natural gas sold from January 01st, 2016.
To replace Circular No. 32/2009/TT-BTC dated February 19th, 2009 and annul the guidelines on declaration of natural resources tax and corporate income tax of the extraction and sale of crude oil and natural gas specified in Article 24 of Circular No. 156/2013/TT-BTC dated November 6th, 2013.
One of the new points of this Decree is to add the form of contractor selection for implementation of oil and gas exploration and extraction project. Accordingly, apart from public bidding, appointment of contractor, there is the form of competitive bidding.
The form of competitive bidding is applied in case the oil and gas lot is not under the approved bidding plan and has at least two (02) organizations or individuals that meet the conditions are interested in and recommend signing the oil and gas contract (Article 22)
However, the bidder of oil and gas exploration and extraction project must not be under the dissolution process, not concluded to fall into bankruptcy (organization); not be under the prosecution for criminal liability (individual)
This Decree takes effect from December 01st, 2015. To replace Decree No. 48/2000/ND-CP dated September 12th, 2000, Decree No. 34/2001/ND-CP dated July 06th, 2001, Decree No. 115/2009/ND-CP dated December 24th, 2009.
Accordingly, the total number of hours of work and overtime working of an employee performing petroleum projects at sea shall not exceed 14 hours per day. Particularly, total number of overtime working of an employee shall not exceed 50 hours per working session and 300 hours per year in any case (Article 6)
However, in the following special cases, the employer may require employees to work overtime in any day which is not included in the working hour limit in a day: carry out mobilization orders, mobilization for the national defense and security in emergency situations; perform the works to protect human life, property and the environment around petroleum projects in response to disasters, fires, epidemics, and disasters (Article 7)
This Circular takes effect from October 01st, 2015.