LEGAL FRAMEWORK ON PETROLEUM IMPORT–EXPORT – LATEST CONDITIONS FOR PETROLEUM IMPORT–EXPORT BUSINESS

Petroleum import and export constitute a core activity in Vietnam’s national energy supply chain and fall within the category of conditional business lines subject to strict State supervision. Given their direct implications for energy security, fire and explosion safety, and market stabilization, the legal regime governing this sector is designed with particularly high compliance thresholds. Accordingly, only enterprises with substantial financial capacity, qualified infrastructure, and extensive distribution systems may participate as licensed petroleum import–export traders.

Pursuant to Decree No. 83/2014/NĐ-CP, as amended and supplemented by Decree No. 95/2021/NĐ-CP and Decree No. 80/2023/NĐ-CP, the Ministry of Industry and Trade grants the Petroleum Import–Export Business License (i.e., head petroleum trader license) solely to traders that fully satisfy mandatory requirements regarding specialized ports, storage facilities, transport capabilities, testing capacity, and distribution networks.

LEGAL FRAMEWORK ON PETROLEUM IMPORT–EXPORT – LATEST CONDITIONS FOR PETROLEUM IMPORT–EXPORT BUSINESS

Below is a consolidated overview of the most up-to-date statutory conditions that enterprises must meet to obtain the head petroleum trader license:

Conditions applicable to petroleum import–export traders

1. Lawful establishment of the enterpriseThe trader must be a Vietnamese enterprise duly incorporated and operating in accordance with Vietnamese law.

2. Ownership, co-ownership, or long-term lease of a compliant specialized portThe enterprise must have a specialized port within the international seaport system, capable of receiving petroleum vessels or specialized petroleum transport means of at least 7,000 tons. The port must be owned, co-owned, or leased for a term of no less than five (05) years. This is a prerequisite ensuring the trader’s capacity to receive imported cargo.

3. Import petroleum storage of at least 15,000 m³The trader must have storage facilities with a minimum capacity of 15,000 m³, able to directly receive petroleum from vessels or specialized transport. The storage must be owned, co-owned, or leased from a petroleum service trader for a term of at least five (05) years. Storage capacity is essential for reserve maintenance and market supply regulation.

4. Availability of domestic petroleum transport meansThe trader must own, co-own, or lease domestic petroleum transportation means from petroleum service traders for a term of at least five (05) years, demonstrating actual distribution and delivery capability.

5. Statutory minimum-scale distribution networkThe enterprise is required to maintain a distribution system consisting of at least:

6. ten (10) retail petroleum outlets owned or co-owned by the trader; and

7. forty (40) general agents or retail agents within its distribution network.

This requirement verifies the trader’s market coverage and capacity to ensure stable supply nationwide.

6. Specific rule for aviation fuel import–exportFor aviation fuel import–export, the trader is not required to meet the distribution-network condition in Item 5, but must own or co-own aviation fuel hydrant/refueling equipment, as prescribed.

In summary, the head petroleum trader license is a high-threshold license demanding robust financial strength, technical infrastructure, and wide distribution coverage. With legal regulations evolving continuously and regulatory inspections becoming increasingly stringent, proper dossier preparation and credible proof of operational capacity are decisive to mitigate risks, accelerate licensing timelines, and ensure compliant business operations.

With a team of lawyers and specialists well-versed in the petroleum regulatory framework and extensive experience supporting head traders, distributors, and retail systems nationwide, Vietlink Law Firm is ready to assist with:

• capability assessment and compliance roadmap planning;

• dossier drafting and representation before the Ministry of Industry and Trade;

• ongoing compliance review for port–storage–transport–distribution systems; and

• continuous legal advisory throughout business operations.

Vietlink Law Firm is committed to delivering comprehensive, specialized, and timely legal solutions, enabling petroleum import–export enterprises to operate safely, lawfully, and competitively in Vietnam’s energy market.

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