All competent commercial administrations of provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in the state plan:
Recently some local competent commercial departments are contrary to related provisions of product oil business permission of the State Council and Ministry of Commerce in their regulations of management of local product oil business or measures on management of filling station (spots) to separate f
illing stations from product oil retail business, stipulate that Approval Certificate of Product Oil Retail Network Business is printed by themselves, and transfer the organs that carry out product oil retail permission to competent commercial administrations of the cities under provinces. For the p
urposes of enhancing the management of printing and distributing approval certificate of product oil business, regulating the procedures of administrative permission of product oil business, the issues for printing and distributing the approval certificate of product oil retail business are informed
as follows:
1. The Approval Certificate of Product Oil Retail Business is Printed by Ministry of Commerce
Product oil retail business includes filling stations, water filling stations and filling spots for rural area. No matter which form of product oil retail business is chosen, Approval Certificate of Product Oil Retail Business must be obtained. For the purposes of enhancing the management of product
oil retail business, avoiding filling stations (spots) out of hand, Temporary Measures on Management of Product Oil Market stipulate that Approval Certificate of Product Oil Retail Business is printed by Ministry of Commerce. Local competent commercial administrations apply for and obtain the certi
ficate freely according to their demands. The competent commercial administrations at provincial and under provincial level are not allowed to print the certificate by themselves.
2. The Approval Certificate of Product Oil Retail Business is issued by provincial competent commercial administrations
According to the provisions of the Decision of the State Council on Establishing Administrative Permission for Administrative Approval Projects That Should Be Remained, the organs that carry out administrative permission for product oil retail business are provincial competent commercial administrat
ions. The approval certificate of product oil retail business is issued by provincial competent commercial administrations. Provincial competent commercial administrations must not transfer the organs of implementing product oil retail business permission to the competent commercial organs at lower
level.
3. The rules of managing local filling station (spots) formulated by local competent commercial administrations should accord with related rules of the State Council and Ministry of Commerce.
After distributing the said circular, all local competent commercial administrations should examine the distribution of the approval certificate of local product oil retail business and make sure to do following things:
(1) The certificates that have been printed should be annulled. The issued certificates that are printed by themselves against the rules should be recalled as soon as possible..
(2) If anyone is contrary to the rules to transfer the organs that carry out product oil business permission to the competent commercial administrations under provinces, the certificates should be recalled as soon as possible.
(3) If the measures on management of local filling stations (spots) that have been published do not accord with the provisions of Temporary Measures On Management of Product Oil Market, they should be revised in accordance with Temporary Measures on Management of Product Oil Market.
(4) The measures on management of local filling stations (spots) that is being drawn up should accord with Temporary Measures on Management of Product Oil Market.
4. Ministry of Commerce will enhance the supervision and examination of the implementation of local product oil retail business permission.
In accordance with Article 23 of Temporary Measures on Management of Product Oil Market that competent commercial administrations at a higher level should enhance the supervision and examination of the management of product oil market by the competent commercial administrations at a lower lever and
correct in time the activities contrary to the rules in management of product oil market, Ministry of Commerce will enhance the supervision and examination of the implementation of local product oil retail business permission, urge the regions that are contrary to the provisions of product oil retai
l business permission of the State Council and Ministry of Commerce to correct their improper activities as soon as possible and assure the regular implementation of product oil business permission.
General Office of the Ministry Of Commerce
December 29, 2004
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