CONDITIONS FOR OBTAINING A CERTIFICATE OF ELIGIBILITY TO OPERATE AS A PETROLEUM DISTRIBUTION TRADER
- Tiến sĩ Kinh tế Dương Thái Trung
- 1 day ago
- 3 min read
Pursuant to Decree No. 83/2014/ND-CP and Decree No. 95/2021/ND-CP, a trader wishing to operate as a petroleum distribution trader (an intermediate distribution tier between a petroleum wholesaler/importer and retail agents/stations) must fully satisfy the following conditions. Upon meeting all of them, the enterprise will be granted by the Ministry of Industry and Trade a Certificate of Eligibility for Petroleum Distribution.
1. The enterprise is lawfully established and registered for petroleum trading
The enterprise must: be established in accordance with law; and have petroleum trading/retail as a registered business line stated in its Enterprise Registration Certificate.
2. Possession of a petroleum depot with a minimum capacity of 2,000 m³
The depot/tanks must: have a minimum capacity of 2,000 m³; and be owned, co-owned, or leased from a petroleum service trader for a term of at least five (05) years.
The depot is core infrastructure enabling the distributor to maintain stable supply and regulate the market.
3. Possession of petroleum transportation means
The trader must have petroleum transport vehicles that are owned, co-owned, or leased from a petroleum service trader for a minimum term of five (05) years.
This is a mandatory condition to ensure actual distribution capability.
4. Having a testing laboratory or a contract for quality testing services
The trader must adopt one of the following options: a laboratory owned or co-owned by the trader; or a service contract with a qualified laboratory capable of testing petroleum quality indicators in accordance with national technical regulations and the applied standards publicly announced by the trader.
This condition ensures strict quality control within the distribution system.
5. Having a petroleum distribution network in at least two (02) provinces/cities
The distribution network must include: at least five (05) retail petroleum stores owned or co-owned by the trader; and at least ten (10) stores within its retail agency system, all of which must hold Certificates of Eligibility for Retail Petroleum Trading under Article 25 of Decree No. 83.
This demonstrates market coverage capacity and broad distribution capability.
6. Management officers and employees must be trained in fire prevention & firefighting (FPF) and environmental protection
All management officers and employees directly involved in petroleum trading must: receive FPF professional training; and hold environmental protection training certificates as required by law.
This is particularly critical because petroleum is a highly flammable and hazardous commodity, subject to strict safety compliance.
To be recognized as a petroleum distribution trader, an enterprise must simultaneously meet all six (06) groups of conditions above, covering legal status, infrastructure, transportation means, testing capacity, distribution network, and personnel training. Only after being granted the Certificate by the Ministry of Industry and Trade may the enterprise lawfully distribute petroleum in the market.
Becoming a petroleum distribution trader requires full and consistent compliance with the legal, technical, and infrastructure requirements set out in Decree No. 83/2014/ND-CP and Decree No. 95/2021/ND-CP. From legal capacity, storage depots, transportation means, and distribution networks, to stringent quality control and FPF training—each requirement aims to ensure safety, quality, and stability of the petroleum market.
In the context of increasingly tightened legal management and intensified inspections by competent authorities, enterprises should proactively assess their capacity, complete their dossiers, and establish a robust compliance system to avoid legal risks and ensure long-term stable operations.
With a team of lawyers and Ministry of Industry and Trade legal experts experienced in the petroleum sector, Vietlink Law Firm is ready to accompany enterprises in: reviewing legal eligibility conditions, standardizing distribution systems, developing compliance procedures, completing dossiers for the Certificate of Eligibility, and providing ongoing legal advisory services.
Vietlink is committed to delivering comprehensive, accurate, and timely legal solutions, supporting petroleum businesses to operate safely, lawfully, and sustainably.
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