Quyết định 16/2020/QĐ-TTg Quy chế quản lý xăng dầu dự trữ quốc gia

DECISION

On providing the Regulation on management of national reserve petrol and oil

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Pursuant to the Law on Organization dated June 19, 2015 of the Government;

Pursuant to the Law on the National Reserve dated November 20, 2012;

Pursuant to the Government’s Decree No. 94/2013/ND-CP dated August 21, 2013, detailing a number of articles of the Law on the National Reserve;

Pursuant to the Government’s Decree No. 128/2015/ND-CP dated December 15, 2015 on amending and supplementing the detail list of                 products and assignment to agencies to manage national reserve products issued together with the Decree No. 94/2013/ND-CP dated August 21, 2013 of the Government.

At the request of the Minister of Finance;

The Prime Minister hereby promulgate the Decision on providing the Regulation on the management of national reserve petrol and oil.

Article 1.To issue together with this Decision the Regulation on management of national reserve petrol and oil.

Article 2.This Decision takes effect on July 01, 2020 and replace the Decision No. 31/2010/QD-TTg dated March 19, 2010 of the Prime Minister on providing the “Regulation on management of national reserve petrol and oil”.

Article 3.Ministers, heads of ministerial-level agencies, heads of government agencies, presidents Incubate the People s Committees of provinces and centrally-run cities and the heads of agencies, relevant units shall responsible for the implementation of this Decision./.

The Prime Minister

Nguyen Xuan Phuc

REGULATION

On management of national reserve petrol and oil
(Attached to the Prime Minister s Decision No. 16/2020/QD-TTg dated May 15, 2020)

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Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation prescribes the contents of management of national reserve petrol and oil in detailed lists; organization of management; State budget plans and estimates; buying, selling, importing, exporting and rotating goods; preservation; use; national technical regulations, economic and technical norms; national reserve depots; financial mechanism, accounting and state audit regime; statistic report.

Article 2. Subjects of application

Agencies, organizations and individuals related to the formation, management, administration and use of national reserve petrol and oil.

Article 3. Principles of management of national reserve petrol and oil

1. The national reserve petrol and oil must be strictly controlled in terms of quantity and quality, ensuring confidentiality and safety; proactively responding to national reserve requirements and objectives; After reserve, the national reserve petrol and oil must be fully and promptly offset.

2. National reserve petrol and oil must be used for the right purposes and in accordance with the provisions of law; not to use national reserve petrol and oil for business.

3. To calculate accurately and sufficiently the annual national reserve petrol and oil preservation expenses in accordance with law provisions.

Chapter II

ORGANIZATION OF MANAGEMENT AND DETAILED LIST OF NATIONAL RESERVE PETROL AND OIL

Article 4. Organization of management of national reserve petrol and oil

1. The Government and the Prime Minister shall centrally and unify govern the organization of management of national reserve petrol and oil. The Government assigns ministries and agencies to manage national reserve petrol and oil.

2. The agency of national reserve petrol and oil include: The ministries and agencies assigned the task of managing national reserve petrol and oil in accordance with the assignment by the Government.

3. Ministries and agencies are assigned the task of managing national reserve petrol and oil shall assign to preservation units or sign preservation contracts in accordance with law provisions.

Article 5. Detailed list of national reserve petrol and oil

1. Automobile petrol.

2. Diesel.

3. Mazut oil

4. Military fuel.

5. Fuel for civil aircraft.

6. Crude oil.

7. Types of petrol and oil according to the Government s regulations.

Chapter III

STATE BUDGET PLANNING AND ESTIMATE

Article 6. National reserve petrol and oil plan

1. Formulating a national reserve petrol and oil plan

The ministries and agencies managing the national reserve petrol and oil shall formulate the 5-year and annual national petroleum reserve plans which shall be integrated into the 5-year and annual national reserve plans.

2. Contents of a national reserve petrol and oil plan

a) The national reserve petrol and oil at the end of the period is the total value of the remain national reserve petrol and oil (including quantity and value of each item) determined at the time of December 31 of the planning year or the last year in planning period based on the summary of the plan on national reserve petrol and oil import and export.

b) Plans for increase, decrease and rotation of national reserve petrol and oil

- The plan for increasing national reserve petrol and oil, including the quantity and value of increasing import petrol and oil added to the national reserve the plan year or plan period, which is made in details of each item according to specifications, types and production time.

- The plan for reducing national reserve petrol and oil, including the quantity and value of exported petrol and oil products reduced due to: loss according to norms; no longer need to continue national reserves; to change the requirements on the quantity and detailed list of national reserve petrol and oil in the planning year or the planning period and to make detailed details of each petrol and oil item according to specifications, types, production time, and time enter the national reserve depot.

- The plan for rotation and exchange of national reserve petrol and oil, including the quantity and value of items up to the rotating export deadline, exchange in the plan year or plan period to ensure the quality of the national reserve petrol and oil, or because of reduced quality, the product is no longer in line with technical progress, or due to a change in the item detail list. Plans for rotation and exchange of national reserve petrol and oil are elaborated in details of each commodity according to specifications, types, production time, and the time of enter the national reserve petrol and oil depot.

- Plans for investment in and development of national reserve petrol and oil material and technical foundations, including plans for investment in and construction of national reserve petrol and oil depots.

- Plans for research and application of scientific and technological advances in national reserve petrol and oil, including: the plan to formulate national technical regulations, economic-technical norms, and scientific research projects national and sectoral levels of national reserve petrol and oil; plans on application of scientific and technological advances in the management and preservation of national reserve petrol and oil.

- Financial plans for management and preservation of national reserve petrol and oil, including funding plans for national reserve petrol and oil management and preservation activities of the plan year or plan period.

3. Order of elaboration of national reserve petrol and oil plan

a) The ministries and agencies managing the national reserve petrol and oil shall elaborate the 5-year and annual national reserve plans according to the detailed list of assigned national reserve petrol and oil and the contents of the reserve plan specified in this Decision.

b) The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment in guiding ministries and agencies managing the national reserve petrol and oil to formulate a 5-year plan on national reserve petrol and oil; appraise and synthesize in the 5-year plan on national reserves to submit to the Ministry of Planning and Investment for submission to the Government for submission to the National Assembly for approval.

c) Annually, based on the approved 5-year national reserve plan and the plan made by the national reserve petrol and oil managing ministries and agencies, the Ministry of Finance shall assume the prime responsibility and sum up and send it to the Ministry of Planning and Investment to make the general sum up in the socio-economic development plan, report to the Prime Minister for approval.

d) When the deadline for rotation of export and exchange of national reserve petrol and oil is due, in case of necessary to change the detailed list to submit to the Government for decision or change the category of national reserve gasoline to suit the technical advances or due to request for change of categories of competent state agencies to be submitted to the Prime Minister for decision, ministries and agencies managing the national reserve petrol and oil must clearly explain the reasons therefor and send to the Ministry of Finance for evaluation and summation and submission to the Government and the Prime Minister.

dd) The head of the national reserve petrol and oil management ministry or agency shall draw up an investment plan to build the national reserve petrol and oil storage depot according to the approved detailed plan on national reserve network of storage depot.

Plans for investment in and development of national reserve petrol and oil material and technical foundations shall be summed up in the annual public investment plan of the national reserve petrol and oil management ministries and agencies and sent to the Ministry of Planning and Investment to sum up and report to the Government to submit to the National Assembly for decision on the plan of allocating construction investment capital to the national reserve petrol and oil depot.

4. To assign plans, organize the implementation and inspection of national reserve petrol and oil

a) Annually, on the basis of the Prime Minister s decision on the assignment of plans and state budget estimates for national reserves, the heads of the national reserve petrol and oil management ministries and agencies shall allocate and assign plans to affiliated reserve units and organize the direction, guidance and inspection for implementation.

b) The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in inspecting the implementation of national reserve petrol and oil plans by ministries and agencies managing national reserve petrol and oil, sum up and report to the Prime Minister;

Article 7. Formulation, allocation and assignment of state budget estimates for national reserve petrol and oil

1. Along with the 5-year and annual plans on national reserves, the ministries and agencies managing the national reserve petrol and oil shall make 5-year financial plans and budget estimates for national reserves of petrol and oil strictly according to the contents of the national reserve plan and the provisions of the Law on State Budget, including:

a) The State budget spent on the purchase of national reserve petrol and oil and the specialized operation in national reserve petrol and oil shall be aggregated and sent to the Ministry of Finance for examination and compilation of state budget estimates and distribution plans supplement the central budget in accordance with the State Budget Law;

The State budget spent on the purchase of national reserve petrol and oil and the national reserve specialized operation activities on petrol and oil includes: Expenses for import, export, provision, preservation and insurance of national reserve petrol and oil, and other expenses in service of preservation for the national reserve petrol and oil management ministry or agency; expenses for research and application of scientific and technological advances to preservation for the national reserve petrol and oil management ministries and agencies;

b) The State budget spent on investment in the national reserve petrol and oil storage depot shall be sent to the Ministry of Planning and Investment to assume the prime responsibility for general synthesis according to the regulations on state management of public investment; ministries and agencies managing the national reserve petrol and oil shall have to manage and use the capital for investment in the national reserve petrol and oil depots in accordance with law provisions.

c) State budget spent on the management of national reserve petrol and oil including: Expenses for the operation of the management apparatus; expenses for training and retraining of cadres, public servants working in the national reserve and other expenses in accordance with law provisions.

2. Pursuant to the decision of the State competent agency allocated budget estimates spending on national reserve petrol and oil, the heads of ministries and agencies manage national reserve petrol and oil shall implement budget allocation and propose to the Ministry of Finance for providing finance to spent on purchase of national reserve petrol and oil and specialized activities in national reserve for the units of national reserve, enterprises hired to preserve national reserve petrol and oil and organize the direction, guidance and inspection of the implementation.

3. In case the irregular tasks arising in the year in accordance with the decision of the competent authority, the supplement of budget estimates shall be allowed to elaborate in accordance with law provisions on management of state budget.

Chapter IV

IMPORT, EXPORT, PURCHASE, SALE OF NATIONAL RESERVE PETROL AND OIL

Article 8. Principles for import and export of national reserve petrol and oil

1. In accordance with the assigned plan and the decision of the competent authority; strictly comply with import and export procedures as prescribed by law.

2. Correct type, quantity, quality, price, subject and location as prescribed.

3. Having complete dossiers and documents according to the financial management regime and current preservation regulations.

Article 9. Methods of purchase and sale of national reserve petrol and oil

The method of purchase and sale of national reserve petrol and oil shall comply with the provisions of the Law on National Reserve and other relevant legal documents.

Article 10. Import and export of national reserve petrol and oil according to plans and rotation of national reserve petrol and oil

The heads of the national reserve petrol and oil management ministries and agencies shall organize the implementation of plans on import, export and rotation of national reserve petrol and oil; take responsibility for the quantity, quality and state budget shall not subsidize expenses incurred in the process of exchanging national reserve petrol and oil; in case of failure to complete in the plan year, report to the Ministry of Finance for submission to the Prime Minister for consideration and decision.

Article 11. Import and export of national reserve petrol and oil in other cases

1. Import and export of national reserve petrol and oil under decisions of the Prime Minister: In case of the market prices rise or fall suddenly; prevention and remedy of consequences of natural disasters, catastrophe, epidemics and fires; meeting national defense and security requirements.

2. Import and export of national reserve petrol and oil in other cases Comply with Article 39 of the Law on National Reserve.

Article 12. Internal transfer of national reserve petrol and oil

Comply with Article 38 of the Law on National Reserve.

Chapter V

PRESERVATION AND USE OF NATIONAL RESERVE PETROL AND OIL

Article 13. Principles for preservation of national reserve petrol and oil

Comply with Article 51 of the Law on National Reserve.

Article 14. Principles of using national reserve petrol and oil

Comply with Article 55 of the Law on National Reserve.

Article 15. Responsibility to preserve national reserve petrol and oil

1. Ministries and agencies managing national reserve petrol and oil shall have to comply with the regulations on national technical regulations, economic-technical norms for national reserve petrol and oil and the provisions of law on protect state secrets; in case of hiring for the national reserve petrol and oil preservation, the ministry or agency managing the national reserve petrol and oil must select organizations and enterprises that fully meet the conditions prescribed by the Law on National Reserve and current legal documents.

2. The heads of the national reserve petrol and oil management ministries and agencies have the responsibility to direct the organization of implementation and inspection of national reserve petrol and oil preservation; promptly prevent and handle acts of violation on national reserve petrol and oil;

3. The head of units directly managing and preserving national reserve petrol and oil and persons directly managing and preserving national reserve petrol and oil are responsible for the quantity and quality of assigned national reserve petrol and oil.

4. The Ministry of Finance shall take responsibility for inspecting and examining the preservation of national reserve petrol and oil of the ministries, agencies and units in charge of national reserve petrol and oil, and organizations and enterprises preserving national reserve petrol and oil.

Chapter VI

COMPETENCE TO FORMULATE, PROMULGATE NATIONAL TECHNICAL REGULATIONS, NATIONAL TECHNICAL ECONOMIC NORMS

Article 16. Competence to formulate and promulgate national technical regulations on national reserve petrol and oil

1. Annually, the national reserve petroleum management ministries and agencies shall draw up plans to formulate national technical regulations on national reserve petrol and oil, including new construction plans and plans for review and revision, supplemented with the formulation project and sent to the Ministry of Finance for evaluation and promulgation.

2. The national reserve petrol and oil management ministry or agency shall formulate a draft national technical regulation on national reserve petrol and oil under its management and send it to the Ministry of Finance for verification and synthesis and send it to the appraisal agency.

3. The Ministry of Science and Technology shall appraise national technical regulations on national reserve petrol and oil at the proposal of the Ministry of Finance.

After obtaining the Ministry of Science and Technology’s evaluation opinions, the Ministry of Finance shall promulgate a national technical regulation on national reserve petrol and oil.

Article 17. Competence to formulate and promulgate technical economic norms on national reserve petrol and oil

1. Annually, the national reserve petroleum management ministries and agencies shall draw up plans on formulation of technical economic norms on national reserve petrol and oil and submit to the Ministry of Finance for evaluation and promulgation.

2. The managing ministries and agencies of national reserve petrol and oil shall formulate draft the technical economic norms of national reserve petrol and oil for submission to the Ministry of Finance for evaluation and promulgation.

Chapter VII
NATIONAL RESERVE OIL AND PETROL DEPOT

Article 18. System of national reserve petrol and oil depots

On the basis of the overall planning of the national reserve warehouse system, the local land use planning and relevant natural conditions, the head of the national reserve petrol and oil management ministries and agencies shall organize the elaboration and approve the detailed planning of the national reserve petrol and oil network of depots as prescribed in Article 59 of the Law on National Reserve after reaching agreement with the Ministry of Finance and the Ministry of Planning and Investment.

Article 19. Requirements on national reserve petrol and oil depots

1. The national reserve petrol and oil depots must be built according to the planning already approved by competent authorities; step by step meet the requirements of modernization, possess advanced preservation technology, equip all necessary equipment and technical equipment to mechanize and automate the import, export and preservation of national reserve petrol and oil.

2. National reserve petrol and oil depots must be strictly protected, safe and confidential in accordance in accordance with law provisions; equipped with all facilities and technical equipment necessary for observation, surveillance, prevention and control of natural disasters, fire, damage, loss and other factors that may cause damage to national reserve petrol and oil.

3. Pursuant to the approved national reserve petrol and oil storage plannings, the heads of the national reserve petrol and oil management ministries and agencies shall mobilize organizations, enterprises and individuals to invest in the construction of national reserve depots according to the depot standards specified in Article 62 of the Law on National Reserve, hire or receipt the hire contract to preserve national reserve petrol and oil.

4. For national reserve petrol and oil depots rented by organizations or enterprises, they must conform to the national reserve depots standards and plans according to the provisions of law.

Chapter VIII

FINANCIAL MECHANISM, ACCOUNTING AND STATE AUDIT REGIME, STATISTICS REPORT ON NATIONAL RESERVE PETROL AND OIL

Article 20. Financial mechanism, accounting and state audit regime

1. The financial mechanism national reserve petrol and oil shall comply with the provisions of the Law on State Budget and other relevant law provisions.

2. The national reserve petrol and oil management ministry or agency shall inspect and approve the settlement of the State budget already granted to the preserving unit of national reserve goods and take responsibility for the approved settlement; sum up and finalize the report and send it to the Ministry of Finance for evaluation and finalization of report to the Government.

Reports on the State budget settlement of national reserve petrol and oil must be audited in accordance with law provisions.

Article 21. Statistical reporting regime

1. The national reserve petrol and oil management ministry and agency shall make the statistical reports according to the form guided and promulgated on national reserves by the Ministry of Finance.

2. In case of performing unexpected tasks under a decision of the Prime Minister or an authorized person, after completing the task, within 10 days, the national reserve petrol and oil management ministry or agency must report the results to the Prime Minister and concurrently to the Ministry of Finance and the Ministry of Planning and Investment.

3. In cases of necessary for irregular reports up on request of the Prime Minister or competent State agencies, the ministries and agencies managing the national reserve petrol and oil must strictly observe the reporting regime in accordance with law provisions.

The Prime Minister

Nguyen Xuan Phuc