the Ministry of Commerce Order of the Ministry of Commerce of the People’s Republic of China No. 23 Adopted at the 14th Executive Meeting of the Ministry of Commerce on November 15, 2004, the Interim Measures for the Control of Processed Minister of Commerce Bo Xilai December 2, 2004 Interim Measures for the Control of Product Oil Market Chapter I General Provisions Article 1 With a view to strengthening the supervision and control of the processed oil market, standardizing the processed oil business activities Article 2 The enterprises engaging in the wholesale, storage and retail of processed oil within the territory of the People’s Republic of China Article 3 The Ministry of Commerce shall be in charge of the supervision and control of the processed oil market throughout the country pursuant The competent administrative departments of commerce of the governments of all provinces, autonomous regions and municipalities directly Article 4 Product oil as mentioned in the present Measures means gasoline, kerosene and diesel oil. Chapter II Applications for Processed Oil Business Licenses and Acceptance of Applications Article 5 An enterprise that wishes to engage in the wholesale of processed oil shall submit an application to the competent administrative Article 6 An enterprise that wishes to engage in the storage or retail of processed oil shall submit an application to the competent administrative Article 7 An enterprise applying for a business license for the wholesale of processed oil must fulfill the following requirements: (1) having a stable supply of processed oil; (2) having a wholly-owned or controlling-share-held processed oil depot with a capacity of not less than 4,000 cubic meters, the construction (3) having pipelines for unloading processed oil, a special railroad line or a port for transporting processed oil and other necessary (4) its oil depot and other facilities conforming to the relevant provisions of the state concerning safety in production and environmental (5) having specialized technical personnel with the knowledge of inspection, metrology, storage and fire safety of processed oil; (6) meeting the requirements of the development plan for processed oil wholesale networks; and (7) having sound management systems. Article 8 An enterprise applying for a business license for the storage of processed oil must fulfill the following requirements: (1) its oil storage facilities conforming to the planning for the layout of tank farm; (2) having an oil depot with a capacity of not less than 4,000 cubic meters, the construction of which must be in conformity to the Code (3) having pipelines for unloading processed oil, a special railroad line or a port for transporting processed oil and other necessary (4) the design and construction of its oil depots conforming to the relevant provisions concerning safety in production and environmental (5) having specialized technical personnel with knowledge of inspection, metrology, storage and fire safety of processed oil; and (6) having sound management systems. Article 9 An enterprise applying for a business license for the retail of processed oil must meet the following requirements: (1) having a stable supply of processed oil and having reached an oil supply agreement with the enterprises with a business license for (2) complying with the development plan for local the filling station industry; (3) the design and construction of its filling stations conforming to the relevant national standards; (4) the construction of its filling stations conforming to the relevant provisions of the state concerning agrarian administration, fire (5) having specialized technical personnel with knowledge of inspection, metrology, storage and fire safety of processed oil; and (6) its aquatic filling stations (vessels) used in the supply of processed oil for vessels conforming to the relevant provisions concerning As for the filling outlets for the needs of rural areas and limited to the sale of diesel oil, the competent administrative departments Article 10 Each competent administrative department of commerce shall, in its working place, make public the requirements, procedures, time limit, Article 11 If the competent administrative department of commerce receiving the application holds that the application documents are incomplete Article 12 If the applicant has submitted complete and proper application documents or has added the application documents or made corrections The competent administrative department of commerce shall issue a dated certificate with the special stamp of the department affixed In the case of refusal to accept an application for a processed oil business license, the competent administrative department of commerce Article 13 The competent administrative department of commerce accepting an application shall examine the submitted application documents and Chapter III Procedures and Time Limits for the Examination of Applications for Processed Oil Business Licenses Article 14 The competent administrative department of commerce of the people’s government at the provincial level shall, after receiving an application The Ministry of Commerce shall, within 20 working days, complete the examination from receipt of the materials submitted by the competent Article 15 After receipt of an application for a license for the storage of processed oil, the competent administrative department of commerce The competent administrative department of commerce of the people’s government at the provincial level shall, within 20 working days, Article 16 After receiving an application for a license for the retail of processed oil, the competent administrative department of commerce The competent administrative department of commerce of the people’s government at the provincial level shall, within 20 working days, Article 17 If the competent administrative department of commerce considers it necessary to hold a hearing on any application for a processed Article 18 An enterprise engaging in processed oil business that wishes to establish a branch shall go through the application formalities for An enterprise engaging in processed oil business that is to suspend or terminate its business shall go through the formalities of Chapter IV Issue of and Changes in Certificates of Approval for Processed Oil Business Article 19 The certificates of approval for processed oil business shall be uniformly made and printed by the Ministry of Commerce. The Certificates Article 20 Where an enterprise engaging in the wholesale of processed oil wishes to change any particular of its Certificate of Approval for Article 21 Where an enterprise engaging in the storage or retail of processed oil wishes to change any particular concerned, an application, Article 22 The changes in the Certificate of Approval for the Wholesale of Processed Oil, the Certificate of Approval for the Storage of Processed Chapter V Supervision and Control Article 23 The administrative departments of commerce at a higher level shall conduct supervision and inspection on the administration by the Article 24 The administrative departments of commerce of the people’s governments at various levels shall intensify the supervision and control Article 25 No fees shall be charged for the administrative licensing for processed oil business or follow-up supervision and control by the competent Article 26 The Ministry of Commerce and the administrative departments of commerce of the people’s governments at the provincial level shall Article 27 No one may forge, sell or purchase, let, lend or otherwise transfer any certificate of approval for processed oil business. Article 28 The processed oil for specific use by special users shall be used in accordance with the provisions of the state concerning the use Article 29 The enterprises engaging in processed oil business shall do business lawfully and may not commit any of the following acts: (1) doing business without certificate or license or with certificate and license not consistent with each other or beyond its authorized (2) failure of any filling station to use oiling machines or other measuring instruments or to use tax-control devices as required; (3) using any oiling machine that is not tested or exceeds the term of validity of test and that does not meet the requirements for explosion (4) mixing with impurities or imitations, passing a fake product off as a genuine one or passing a shoddy product off as high-quality (5) selling the processed oil whose use has been expressly prohibited by the state or whose quality is inferior; (6) dealing in processed oil that is smuggled or illegally refined; (7) driving up oil prices or dumping oil in violation of the processed oil price policy of the state; and (8) other activities prohibited by laws or regulations of the state. Article 30 Each enterprise engaging in the retail of processed oil shall purchase processed oil from enterprises that is qualified for the wholesale No enterprise engaging in the retail of processed oil may sell processed oil on a commission basis for any entity unqualified for No enterprise engaging in the wholesale of processed oil may sell processed oil to any enterprise unqualified for doing processed When storing processed oil for other entities, an enterprise engaging in the storage of processed oil must verify the legality of Article 31 The competent administrative department of commerce that made a decision to give a processed oil business license or the competent (1) the decision was made by a functionary of the administrative organ by abusing his authority or neglecting his duty when the applicant (2) the decision was made beyond the authority; (3) the decision was made when the applicant was not qualified or did not fulfill the statutory requirements; or (4) it involves any other circumstances in which a decision on administrative licensing may be annulled according to law. Chapter VI Legal Responsibility Article 32 Any competent administrative department of commerce or any of its functionary who commits any of the following acts in violation of (1) failing to accept an application that meets the statutory requirements; (2) failing to give an applicant the reasons for refusing to accept its application or to grant license; (3) granting a license to an applicant not meeting the statutory requirements or beyond its authority; (4) refusing to make an approval decision or failing, without reasonable ground, to make such a decision within the prescribed time limit (5) failing to perform or effectively perform its supervisory duty, which causes serious consequences. Article 33 Any competent administrative department of commerce that charges fees without authorization during its administrative licensing for Article 34 Any enterprise engaging in processed oil business that commits any of the following acts shall be given an administrative penalty (1) altering, selling, letting, lending or otherwise illegally transferring its certificate of approval for processed oil business; (2) any special user of processed oil selling specific oil without permission; (3) building any filling station or oil depot without observing the requirements or procedures provided for herein; (4) selling processed oil by mixing with impurities or imitations, passing a fake product off as a genuine one, passing a shoddy product (5) selling smuggled processed oil; (6) any enterprise engaging in the wholesale of processed oil selling processed oil to any enterprise without a processed oil business (7) any enterprise engaging in the retail of processed oil purchasing processed oil from any enterprise without a license for the wholesale (8) obtaining a business license by means of fraud or bribery or other improper means; (9) doing business beyond its authorized scope of business; (10) concealing the relevant facts from, or providing false information or refusing to provide real information about its business activities (11) other illegal acts as provided for by laws, regulations or rules. Article 35 If any applicant conceals the relevant facts or provides false information, the competent administrative department of commerce shall Article 36 Any citizen, corporation or other organization that engages in processed oil business without being licensed by the administrative Chapter VII Supplementary Provisions Article 37 The power to interpret these Measures shall be vested in the Ministry of Commerce. Article 38 These Measures shall go into effect as of January 1, 2005. |
the Ministry of Commerce
2004-12-02