THE MINISTRY OF INDUSTRY AND TRADE
-------
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
No. 36/2009/TT-BCT
Hanoi, December 14, 2009
 
CIRCULAR
PROMULGATING THE REGULATION ON PETROL AND OIL AGENTS
THE MINISTRY OF INDUSTRY AND TRADE
Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the Government's Decree No. 84/2009/ND-CP of October 15, 2009, on petrol and oil trading;
In furtherance of directing opinions in the Government Office's Official Letter No. 7484/VPCP-KTTH of October 26, 2009, guiding the Decree on petrol and oil trading,
The Minister of Industry and Trade stipulates as follows:
Article 1. To promulgate together with this Circular the Regulation on petrol and oil agents.
Article 2. This Circular takes effect on December 15, 2009, the effective date of the Government's Decree No. 84/2009/ND-CP on petrol and oil trading.
This Circular replaces the Trade Minister's Decision No. 1505/2003/QD-BTM of November 17, 2003, promulgating the Regulation on petrol and oil agents, and Decision No. 11/2007/QD-BTM of May 22, 2007, amending and supplementing a number of articles of the Regulation on petrol and oil agents issued together with the Trade Minister's Decision No. 1505/2003/QD-BTM of November 17, 2003.
Article 3. Concerned units under the Ministry of Industry and Trade, provincial-level Industry and Trade Departments, concerned organizations and individuals and petrol and oil traders shall implement this Circular. Units should regularly report on the results of implementation of this Circular and arising difficulties and problems to the Ministry of Industry and Trade for supplementation and adjustment.
 
FOR THE MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER




Nguyen Cam Tu
 
REGULATION
 ON PETROL AND OIL AGENTS
(Promulgated together with the Industry and Trade Minister's Circular No. 36/2009/TT-BCT of December 14, 2009)
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Regulation guides the implementation of provisions on petrol and oil agents in the Vietnamese market.
Article 2. Subject of application
This Regulation applies to traders that distribute petrol and oil in the Vietnamese market under the Government's Decree No. 84/2009/ND-CP of October 15, 2009, on petrol and oil trading (below referred to as Decree No. 84/2009/ ND-CP).
Article 3. Interpretation of terms
1. Principal means a wholesale trader or a general agent that has a distribution network as prescribed in Decree No. 84/2009/ND-CP and delivers petrol and oil to agents.
2. Agent means a trader that satisfies all conditions prescribed in Decree No. 84/2009/ND-CP, and receives petrol and oil from the principal for sale on commission.
A general agent shall act as an agent when receiving petrol and oil from the wholesale trader and as principal when delivering petrol and oil to agents.
3. Trademark means are a sign used to distinguish goods and services of different organizations and individuals.