Chapter I General Principles
Article 1 For the purposes of enhancing the supervision and management of product oil market, regulating the operational activities in product oil business, safeguarding the order of product oil market, the said measures are formulated in accordance with The Decision of the State Council on Establis
hing Administrative Permission for Administrative Examinational and Approval Projects That Should Be Maintained (The State Council Decree No. 412) and related laws and rules.
Article 2 The enterprises engaged in product oil wholesale, storage and retail in the People’s Republic of China should abide by related laws, rules and the said measures.
Article 3 Ministry of Commerce supervises and manages product oil markets all over the country in accordance with laws.
The competent commercial administrations of the People’s Government in the provinces, municipalities directly under the Central Government and cities specifically designated in the state plan (hereinafter referred to as “competent commercial administrations of provincial People’s Government) are
responsible for formulating the plan of developing filling station and storage industry, organizing and coordinating the supervision and management of product oil operational activities in the area under their jurisdiction.
Article 4 The product oil referred to in these measures means petrol, kerosene and diesel oil.
Chapter II The application and handling of product oil business permission
Article 5 The enterprises applying for product oil wholesale business should make an application to the local competent commercial administrations of provincial People’s Government. After the examination, the competent commercial administrations of provincial People’s Government submit the prelimi
nary comments and the application materials to the Ministry of Commerce. The decision that whether product oil wholesale permission is given is made by the Ministry of Commerce.
Article 6 The enterprises applying for product oil storage and retail business should make an application to the local competent commercial administrations of municipal (the municipals having districts, the same below) People’s Government. After the examination, the competent commercial administrat
ions of municipal People’s Government submit the preliminary comments and the application materials to the competent commercial administrations of provincial People’s Government. The competent commercial administrations of provincial People’s Government decide whether the business permission of p
roduct oil storage or retail is given or not.
Article 7 The enterprises applying for product oil wholesale business should meet following requirements:
1. Have stable supply channel of product oil;
2. Have a whole capital or holding product oil depot no less than 4 thousand cubic meters and the construction of the oil depot meets Design Standard of Oil Depot (GBJ74-84);
3. Have the facilities of transfer pipelines, special railway or water cargo of product oil;
4. The oil depot and other facilities meet related requirements of national safety production and environmental protection;
5. Have professionals of the examination, measurement, storage of product oil and fire fighters;
6. Meet the requirements of the development plan of product oil wholesale network;
7. Have perfect management rules.
Article 8 The enterprises applying for product oil storage business should meet following requirements:
1. Oil storage facilities meet the requirements of layout of oil depots;
2. The capacity of oil depot is no less than 4 thousand cubic meters and the construction of the oil depot meets Design Standard of Oil Depot (GBJ74-84);
3. Have the facilities of transfer pipelines, special railway or water cargo of product oil;
4. The design and construction of the oil depot meet the requirements of safety production and environmental protection;
5. Have professionals of the examination, measurement, storage of product oil and fire fighters;
6. Have perfect management rules.
Article 9 The enterprises applying for product oil retail business should meet following requirements:
1. Have stable supply channel of product oil, and have signed supply agreement with the enterprises who have the qualification of product oil wholesale;
2. Meet the requirements of development plan of local filling station industry;
3. The design and construction of filling station meet related national standard;
4. The construction of filling station meet related requirements of national land administration, fire fighting and environmental protection;
5. Have professionals of the examination, measurement, storage of product oil and fire fighters;
6. Besides above requirements, water filling stations (ships) engaged in supplying product oil for ships should meet the requirements of ports, safety of water transportation and prevention of water pollution.
The requirements of establishing filling stations that only supply diesel oil for rural areas and the management measures are formulated by competent commercial administrations of provincial People’s Government themselves according to local conditions.
Article 10 The competent commercial administrations should public in their office the requirements, procedures, terms of applying for product oil business permission, and the materials to be submitted and the standard version of the application letter.
Article 11 If the competent commercial administrations that accept the application think the materials are not complete or do not meet the requirements, they should inform the applicants to add or correct the materials on the spot or within 5 working days as of the receipt of the applications. If th
ey did not make any information, they should handle the application as of the receipt of the application materials.
Article 12 The competent commercial administrations should handle the permission application for product oil business if the materials of the applicants are complete and meet the requirements of legal formalities, or the applicants submit all added materials in accordance with the requirements.
The competent commercial administrations should show the written evidence with the special seal of the administration and indication of date when they accept and handle the permission application of product oil business.
If they do not accept and handle the permission application for product oil business, they should show the written evidence with the special seal of the administration, the reason why the application is not accepted and handled and the indication of date and inform the applicants that they have the
rights of applying for administrative reconsideration or bringing an administrative lawsuit..
Article 13 The competent commercial administrations that accept and handle the application should examine the materials submitted by the applicants carefully and put forward their comments. If the comments and the application materials need to be examined by the competent commercial administrations
at higher level, they should be submitted to the competent commercial administrations at higher level.
Chapter III The procedures and terms of the examination of product oil business permission
Article 14 After receipt of the application for product oil wholesale business, the competent commercial administrations of provincial People’s Government should appoint more than two staffs to finish the examination within 20 working days and submit the preliminary comments and the application mat
erials to the Ministry of Commerce.
The Ministry of Commerce should finish the examination within 20 working days as of the receipt of the materials submitted by the competent commercial administrations of provincial People’s Government. It should permit the applicants who meet the requirements of Article 7 to do product oil wholesal
e business and issue them the Approval Certificate of Product Oil Wholesale Business. It should inform the applicants who do not meet the requirements its decision and the reason why they are not approved to do the business in writing.
Article 15 After accepting the application for product oil storage business, the competent commercial administrations of municipal People’s Government should appoint more than two staffs to finish the examination within 20 working days and submit the preliminary comments and the application materia
ls to the competent commercial administrations of provincial People’s Government.
The competent commercial administrations of provincial People’s Government should finish the examination within 20 working days as of the receipt of the materials submitted by the competent commercial administrations of municipal People’s Government. They should permit the applicants who meet the
requirements of Article 8 to do product oil storage business and issue them the Approval Certificate of Product Oil Storage Business after the registration for record. They should inform the applicants who do not meet the requirements their decision and the reason why they are not approved to do the
business in writing. If the decision could not be made within 20 working days, 10 working days may be prolonged with the permission of the person in charge and the reason of it should be informed to the applicants.
Article 16 After accepting the application for product oil retail business, the competent commercial administrations of municipal People’s Government should appoint more than two staffs to finish the examination within 20 working days and submit the preliminary comments and the application material
s to the competent commercial administrations of provincial People’s Government.
The competent commercial administrations of provincial People’s Government should finish the examination within 20 working days as of the receipt of the materials submitted by the competent commercial administrations of municipal People’s Government. They should permit the applicants who meet the
requirements of Article 9 to do product oil retail business and issue them the Approval Certificate of Product Oil Retail Business. They should inform the applicants who do not meet the requirements their decision and the reason why they are not approved to do the business in writing. If the decisio
n could not be made within 20 working days, 10 working days may be prolonged with the permission of the person in charge and the reason of it should be informed to the applicants.
Article 17 If the competent commercial administrations who accept the application think it necessary to hold a hearing on the permission application for product oil business submitted by the applicants, they should make an announcement to the society and hold a hearing.
Article 18 If product oil business enterprises establish branches, they should go through the application formalities separately in accordance with the provisions of the said measures. If product oil business enterprises go out of business or stop business, they should go through the formalities of
suspense or cancellation of business qualification in the administration that issues the certificate.
Chapter IV The issuing and changing of Approval certificate of product oil business
Article 19 The approval certificate of product oil business is printed by the Ministry of Commerce. The Approval Certificate of Product Oil Wholesale Business is issued by the Ministry of Commerce. The Approval Certificate of Product Oil Storage Business and The Approval Certificate of Product Oil R
etail Business are issued by the competent commercial administrations of provincial People’s Government.
Article 20 If product oil wholesale enterprises make a demand to change the items in Approval Certificate of Product Oil Wholesale Business, they should make an application to the Ministry of Commerce via the competent commercial administrations of provincial People’s Government by related evident
materials and the original approval certificate. If the name of legal person changes, legal name change certificate issued by industrial and commercial administrations should be provided. If legal representative changes, related certificate should be provided. If the enterprises meet the requirement
s to keep on product oil wholesale business, the altered Approval Certificate of Product Oil Wholesale Business should be issued by the Ministry of Commerce.
Article 21 If product oil storage and retail enterprises ask for any changes, they should make an application to the competent commercial administrations of provincial People’s Government and provide the certificate about the changes. If the name of legal person changes, legal name change certifica
te issued by industrial and commercial administrations should be provided. If legal representative changes, related certificate should be provided. After the examination, the competent commercial administrations of provincial People’s Government should issue the altered Approval Certificate of Prod
uct Oil Storage Business to the enterprises meeting the requirement of product oil storage business and issue altered Approval Certificate of Product Oil Retail Business to the enterprises meeting the requirements of product oil retail business.
Article 22 The rules of the changes of Approval Certificate of Product Oil Wholesale Business, Approval Certificate of Product Oil Storage Business and Approval Certificate of Product Oil Retail Business caused by the changes of the competent administrations will be made separately.
Chapter V Supervision and Management
Article 23 The competent commercial administrations at higher level should enhance the supervision and examination on the management of product oil market of the competent commercial administrations at lower level, correct in time any activities contrary to the rules in management of product oil mar
ket.
Article 24 The competent commercial administrations of the People’s Government at all levels should enhance the supervision and examination of product oil market in the area under their jurisdiction, and deal with the activities contrary to the rules of product oil business enterprises.
Article 25 The competent commercial administrations of the People’s Government should carry out product oil business permission and follow-up supervision and management, must not get any payment. The funds for the management of product oil market should be applied for by the competent commercial ad
ministrations to the financial administrations at the same level.
Article 26 The Ministry of Commerce and the competent commercial administrations of provincial People’s Government should publish the name list of the enterprises obtaining product oil business permission and product oil business enterprises that have made any changes or have been cancelled.
Article 27 The approval certificate of product oil business must not be fabricated, bought and sold, lent or transferred by any other means.
Article 28 The special used oil for special product oil users should be used in accordance with national stipulated quantity, item and supply scope, must not be sold to others.
Article 29 Product oil business enterprises should do their business in accordance with laws. Following activities are forbidden:
1. Have no certificate, license, the certificate and the license are not consistent, or do business beyond scope;
2. The filling station does not use filling machine and other measuring instruments, or does not use tax control instrument in accordance with rules;
3. Use the filling machine that is not examined and checked or exceeds the term of examination and does not meet the requirements of anti-riot. Alter the filling machine by oneself or dock part of oil quantity by other means;
4. Mixed different quality and adulterated oil into high quality and true oil;
5. Sell the product oil that the state forbids to use or the quality does not meet the requirements by decree;
6. Operate smuggled or illegal refined product oil;
7. Activities contrary to national price policy of product oil, force up prices or dump in a low price;
8. Other operational activities forbidden by national laws and rules.
Article 30 Product oil retail enterprises should purchase product oil from the enterprises having business qualification of product oil wholesale. They must not sell product oil for the units that have no business qualification of product oil wholesale.
Product oil wholesale enterprises must not sell product oil to the enterprises that have no business qualification of product oil.
Product oil storage enterprises should verify legal source of product oil when they sell product oil for other enterprises.
Article 31 The competent commercial administrations making product oil business permission or the administration at higher level may revoke the permission in accordance with the request of interested parties or their authority of office in case of following:
1. The staffs of administrative organs abuse their power, are derelict in their duty to make permission decision to the applicants that do not meet legal requirements;
2. Go beyond one’s legal authority to make permission decision;
3. Give permission to the applicants who have no qualification or do not meet legal requirements;
4. Other cases that may revoke administrative permission in accordance with laws.
Chapter 6 Legal liability
Article 32 If the competent commercial administrations and their staffs act contrary to the provisions of the said measures in case of one of followings, the administrations at higher level will instruct them to make correction. If the case is serious, the person in charge of it and other direct res
ponsible persons are given administrative disciplinary measures:
1. Do not accept and handle the applications that meet legal requirements;
2. Do not tell the applicants clearly the reason why the application is not accepted or not given the permission;
3. Give permission to the applicants who do not meet the requirements or go beyond one’s power to give permission;
4. Do not give permission to the applicants who meet legal requirements or do not make permission decision in legal term without proper reasons;
5. Do not implement one’s duty of supervision or do not supervise well and cause serious consequence.
Article 33 If the competent commercial administrations get payment by themselves when they make product oil business permission, the administrations at the higher level will order them to return the illegally collected money and give administrative disciplinary measures to direct responsible persons
.
Article 34 If product oil enterprises have one of following activities, the competent commercial administrations should give them administrative disciplinary measures, if the case is serious, the approval certificate should be revoked:
1. Alter, resell at a profit, rent out, lend or transfer approval certificate of product oil business by any other means;
2. Special product oil users act contrary to the rules to sell special product oil to others without permission;
3. Act contrary to the requirements and procedures of the said measures to establish new filling stations or oil depot without permission;
4. Sell product oil or the product oil eliminated and forbidden to be sold by national decree by means of mixing different quality and adulterated oil into high quality and true oil;
5. Sell smuggled product oil;
6. Product oil wholesale enterprises sell product oil to the enterprises that have no business qualification of product oil;
7. Product oil retail enterprises purchase product oil from the enterprises that do not have wholesale business qualifications of product oil;
8. Obtain business permission by cheating, bribing and other illegal ways
9. Do business beyond business scope;
10. Cover up related facts, provide false materials or refuse to provide true materials that reflect operational activities to the administrations responsible for supervision and examination;
11. Other illegal activities stipulated by laws, regulations and rules.
Article 35 If any enterprises cover up the facts and provide false materials when they apply for the permission of product oil business, the competent commercial administrations should make a decision not to accept and handle the application or not to give permission, and give them a warning.
Chapter VII Supplementary articles
Article 37 The interpretation of the said measures shall be vested in the Ministry of Commerce.
Article 38 The said measures come into effect as of January 1, 2005.
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