District and county (city) people’s governments and relevant municipal units:
In order to conscientiously implement the spirit of "Opinions of the State Council on Launching Pilot Work of Business Environment Innovation" (Guo Fa [2021] No.24) and "Notice of Hangzhou Municipal People’s Government on Printing and Distributing the Implementation Plan of National Business Environment Innovation Pilot Project in Hangzhou" (Hang Zheng Han [2022] No.6), effectively strengthen the comprehensive supervision of refined oil market, standardize the operation behavior of refined oil products and maintain the order of refined oil market, the Measures for the Administration of refined oil circulation in Hangzhou were studied and formulated.
Hangzhou Bureau of Commerce
October 10, 2022
(This piece is publicly released)
Measures of Hangzhou Municipality on the Administration of Refined Oil Circulation
In order to strengthen the management of refined oil circulation, standardize the operation behavior of refined oil, maintain the order of refined oil market, and protect the legitimate rights and interests of refined oil operators and consumers, this book is formulated in accordance with the relevant laws and regulations, such as the State Council’s decision on setting administrative licenses for administrative examination and approval items that really need to be retained, the State Council’s decision on canceling and delegating a number of administrative licensing items, the State Council General Office’s opinion on accelerating the development of circulation to promote commercial consumption, and Ministry of Commerce’s notice on doing a good job in the "streamline administration, delegate power, strengthen regulation and improve services" reform of refined oil circulation management, combined with the actual situation of this city.
I. General principles
(1) These Measures shall apply to the wholesale, warehousing and retail business activities of refined oil and their supervision and management within the administrative area of this Municipality. Where laws, regulations and the state provide otherwise, such provisions shall prevail.
(two) the term "refined oil" as mentioned in these Measures refers to gasoline, kerosene, diesel and other alternative fuels that meet the national product quality standards and have the same purpose, such as alcohol ether gasoline and biodiesel.
(3) The term "wholesale operation of refined oil" as mentioned in these Measures refers to the operation of wholesale enterprises selling refined oil in bulk to other wholesale enterprises, retail enterprises and enterprises and institutions.
The operation of refined oil storage refers to the operation of providing refined oil storage and turnover services to other units by using operating facilities and equipment such as refined oil depots.
The retail operation of refined oil products refers to the operation of using gas stations (points and ships) to engage in terminal sales.
(four) the retail operation of refined oil products shall be subject to license management. The Municipal Bureau of Commerce designated by the Hangzhou Municipal People’s Government is responsible for the examination and approval, and the enterprise can carry out retail operations only after obtaining the Approval Certificate for Retail Operation of Refined Oil.
(five) the management of refined oil circulation shall follow the principle of management in the place of business. Local people’s governments should strengthen their leadership in the management of refined oil circulation, strengthen collaborative supervision, make overall arrangements for law enforcement resources and administrative punishment functions, and establish a joint supervision mechanism across departments.
The commercial department is responsible for the management of refined oil circulation industry. Prepare and publish the development plan of retail outlets of refined oil products and organize its implementation, be responsible for the examination and approval of qualifications for retail operations of refined oil products, carry out the annual inspection of retail enterprises, and strengthen the daily monitoring and analysis of the circulation market of refined oil products.
Development and reform, capital regulation, housing construction, ecological environment, transportation, market supervision, emergency, taxation, public security, fire protection, meteorology, customs and other departments shall, according to their respective responsibilities, do a good job in the supervision and management of refined oil circulation.
(VI) Establish a comprehensive supervision mechanism for refined oil products, strengthen the sharing and application of supervision information of refined oil circulation departments, establish a digital management platform, collect, analyze and warn information of refined oil enterprises, and effectively strengthen post-event management by using "digitalization+supervision".
II. Wholesale and warehousing of refined oil products
(1) Engaged in the wholesale and storage of refined oil products shall meet the requirements of laws, regulations and standards on registration, natural resources, planning and construction, oil quality, safety production, environmental protection, fire protection, public security, taxation, transportation, port and shipping, meteorology, metrology and other aspects, obtain relevant qualifications through relevant acceptance, and conduct business according to laws and regulations.
(II) Wholesale and storage enterprises of refined oil products shall establish a ledger system for purchase, sale, storage and warehousing, and improve the archives of documents and materials such as oil source, sales destination, inspection report and inspection records. Enterprises shall accept the supervision and inspection of relevant departments and provide relevant materials truthfully.
(3) The local people’s governments and their relevant departments shall strengthen the supervision and management of the wholesale and storage of refined oil, and establish a coordinated supervision pattern in which market self-discipline, government supervision and social supervision support each other. Public security, planning, ecological environment, housing and construction, transportation, emergency, commerce, market supervision, taxation, customs and other departments can increase the proportion and frequency of spot checks and list them as key supervision and management objects, and strengthen supervision according to their duties.
Third, the retail operation of refined oil products
(1) Planning and implementation of retail outlets
1 refined oil retail outlets development planning and national economic and social development five-year planning synchronization, once every five years. By the district, county (city) commerce department in conjunction with the planning, transportation and other departments according to the urban and rural planning, land space planning and urban and rural traffic development, combined with the refined oil market consumption demand and distribution spacing requirements, the preparation of the local refined oil retail outlets development plan. It shall be published after being approved by the Municipal Bureau of Commerce. The development planning of retail outlets of refined oil products is an important basis for the retail license of refined oil products, and it shall not be changed at will once approved.
2. The retail outlets of refined oil products shall meet the following requirements (i.e. the driving distance from the nearest gas station):
(1) The spacing between urban retail outlets shall be no less than 1.8km..
(2) No more than 6 pairs (12 seats) of national highways and provincial highways per 100 kilometers, that is, on the basis that the total amount meets the requirements, the distance from neighboring gas stations is not less than 8.3 kilometers in principle.
National and provincial roads cross each other, and the distance between adjacent gas stations along the same road is not less than 2 kilometers. The national provincial highway crosses the county and township roads, and the distance between adjacent gas stations along the line is not less than 3.5 kilometers. The distance between the national and provincial roads passing through the urban area is not less than 1.8 kilometers.
(3) There are no more than 5 pairs (10 seats) of county and township roads every 100 kilometers, and the spacing between adjacent gas stations on the same road is not less than 10 kilometers.
(4) Cooperate with the construction of service area and parking area along the expressway. In principle, there are one pair (two) gas stations in one area. The average distance between service areas should be 50 kilometers, and the distance between parking areas and service areas or parking areas should be 15-25 kilometers.
(5) The distance between gas stations in towns and villages below the county level can be set with reference to urban settings.
(6) The location of the water refueling ship shall comply with the relevant regulations and requirements of the port and shipping management department.
3. Due to economic construction and development, urban road construction, land and space planning adjustment or implementation, etc., it is necessary to adjust or add planning points. In principle, it should be adjusted in the published five-year planning control number. After on-site investigation by the departments of commerce, planning, transportation, ecological environment, emergency, etc., if it meets the layout conditions, the district/county (city) commerce department shall report it to the Municipal Bureau of Commerce for approval of planning adjustment or addition. The planning and distribution of new gas stations (points) shall be subject to the consent of the district and county (city) people’s governments.
4. After the enterprise has obtained the legal right to use the land for gas stations (points), it shall apply to the district/county (city) commercial department for the implementation confirmation of the gas station (point) planning after the preliminary examination by the ecological environment, transportation and emergency management departments. By the district, county (city) commercial department after the first instance, reported to the Municipal Bureau of Commerce for planning and implementation of the confirmation of approval. The validity period of the planning confirmation reply is 2 years from the date of approval, and the enterprise shall complete the construction of the station within the validity period and apply for the approval certificate of refined oil retail operation. If an extension is needed, an application for extension shall be submitted to the commercial department of the district or county (city) two months before the expiration of the validity period. In principle, it can only be extended once, and the extension shall not exceed one year.
5. The application for planning and implementation shall meet the following conditions:
(1) Comply with the development planning, distribution principles, setting standards and relevant technical specifications of Hangzhou refined oil retail outlets.
(2) It has obtained the legal right to use the land for gas stations (points). Comply with the relevant laws and regulations and regulations, ecological environment, transportation and emergency departments.
6. Enterprises applying for planning and implementation shall submit the following materials (copies shall be subject to the examination of the original by the district/county (city) commercial department, and stamped with the seal consistent with the original, the same below):
(1) the original enterprise application report.
(2) the original "declaration form for new projects of gas stations (points)" (in quintuplicate).
(3) A copy of the Business License of the applicant enterprise.
(4) A copy of the articles of association of the newly established enterprise.
(5) The original gas station spacing diagram and related documents (signed by the enterprise and the surveyors of the district and county (city) commercial departments and stamped with the official seals of two units).
(6) A copy of the legal right to use the land such as the Assignment Contract of the Right to Use State-owned Construction Land and relevant supplementary agreements and the Confirmation of Land Transaction.
(7) The original documents of the district and county (city) commercial departments for instructions.
In addition to providing (1)(2)(3)(4)(5), the expressway gas station also needs to provide a copy of the national or provincial expressway project approval (expressway), a copy of the expressway construction project site selection opinion, and a copy of the construction land pre-trial opinion.
In addition to providing (1), (2), (3) and (4), the refueling ship shall also provide a copy of the auction confirmation of the right to operate the refueling ship.
(2) Examination and approval of retail business qualifications
1. An enterprise applying for the qualification of new refined oil retail business shall meet the following conditions:
(1) The applicant shall be an enterprise registered according to law.
(2) has obtained the approval document for the implementation confirmation of the planning of the commercial department.
(3) The design and construction of gas stations shall conform to the corresponding national, provincial and municipal technical standards and specifications, and pass the acceptance of relevant departments.
(4) It has professional and technical personnel for safe production, metering and fire fighting of refined oil products, and has sound financial and various management systems.
(5) Water refueling boats and shore-based refueling stations engaged in the retail operation of marine refined oil products shall not only comply with the above provisions, but also comply with the relevant provisions on port and water traffic safety and water pollution prevention.
2. After the completion of the retail construction project of refined oil products has passed the special acceptance, the enterprise shall apply for the approval certificate of retail operation of refined oil products from the commercial department of the region or county (city) where it is located. After the preliminary examination by the district/county (city) commercial department, those that meet the requirements shall be reported to the Municipal Bureau of Commerce for approval, and the enterprise application materials shall be attached.
The following materials shall be submitted to apply for the qualification of retail operation of refined oil products:
(1) the original enterprise application report.
(2) The original "Application Form for Operating Qualification of Refined Oil Retail Enterprises" or "Audit Form for Operating Conditions of Refueling Ships" (in duplicate).
(3) Original (in triplicate) Application Form for Completion and Acceptance of Gas Station (Point).
(4) Original (in duplicate) of "Annual Report File of Gas Station (Point, Ship)".
(5) A copy of the confirmation or approval of the implementation of the planning by the commercial department.
(6) A copy of the Property Right Certificate (the refueling ship shall provide a copy of the certificate of nationality and ownership of the ship).
(7) Copy of Construction Land Planning Permit, Construction Project Planning Permit and building construction permits.
(8) A copy of the Business License for Hazardous Chemicals (it is not required to provide only diesel oil outside the Catalogue of Hazardous Chemicals).
(9) Copy of fire control acceptance opinions of construction projects.
(10) A copy of the opinions on the quality completion acceptance of the construction project.
(11) A copy of the approved (filed) environmental impact assessment document of the urban built-up area and the environmentally sensitive area.
(12) A copy of the lightning protection and anti-static grounding device inspection report issued by the Grade A lightning protection device inspection qualification unit.
(13) Copy of metrological verification certificate of fuel tanker.
(14) A copy of the qualification certificate of the personnel in the post of safety production.
(15) the legal representative or the person in charge of the enterprise’s employment documents and a copy of the ID card.
(16) A copy of the Business License of the enterprise.
(17) A copy of the lease contract shall be provided for the leasing business.
(18) Original color photos of the whole gas station and main facilities.
(19) The original documents of the district and county (city) commercial departments for instructions.
(20) Other materials required by the examination and approval authority.
In addition to the above-mentioned necessary materials, the refueling ship shall provide the tonnage certificate, airworthiness certificate, ship inspection certificate and pollution discharge related certificate.
3. The applicant’s application materials are complete and conform to the statutory form, and the district/county (city) commercial department will report to the Municipal Bureau of Commerce after preliminary examination and approval within 5 working days. The Municipal Bureau of Commerce shall complete the audit within 20 working days from the date of receiving the application materials, and give a reply to those who meet the requirements; Do not meet the conditions, notify the applicant and explain the reasons in writing. If the application materials are incomplete or do not meet the requirements, the applicant shall be informed of all the contents that need to be supplemented at one time, and if the applicant submits all the supplemented materials as required, the Municipal Bureau of Commerce shall conduct an audit according to the above provisions.
(3) Issuance and change of retail business license
1. The Approval Certificate for Retail Operation of Refined Oil is divided into original and duplicate, which have the same effect. The original should be placed in a prominent position in the business premises. The format of the Approval Certificate for Retail Operation of Refined Oil is uniformly printed by the Municipal Bureau of Commerce. Certificate registration information includes: certificate number, enterprise name, business address, legal representative or person in charge of the enterprise, validity period, business scope, issuing authority, issuing time, etc.
2. The validity period of the Approval Certificate for Retail Operation of Refined Oil is generally not more than 5 years. The enterprise shall, 90 days before the expiration of the validity period, apply for renewal of the certificate. A new certificate will be issued for those who have the conditions to continue to operate. To apply for the renewal of the Approval Certificate for Retail Operation of Refined Oil, the following materials shall be submitted:
(1) The original copy of the Approval Certificate for Retail Operation of Refined Oil.
(2) The original of the Registration Form for the Change of the Approval Certificate for Retail Business of Refined Oil.
(3) A copy of the Business License of the enterprise.
(4) A copy of the Business License for Hazardous Chemicals (it is not required to provide only diesel oil outside the Catalogue of Hazardous Chemicals).
(5) A copy of the metrological verification certificate of the fuel tanker.
(6) The Property Right Certificate or the legal use certificate of land and real estate, and a copy of the lease contract within the validity period shall be provided for the lease operation.
3 gas station rental business shall comply with the requirements of the "technical specification for the management of refined oil retail enterprises". The leased gas station shall conform to the principles and setting standards of gas station distribution, and obtain the Approval Certificate for Retail Operation of Refined Oil. The leased business enterprise shall have the qualification for retail operation of refined oil products (including two or more wholly-owned and self-operated gas station enterprises). Without the qualification of refined oil retail business, the leased business enterprise shall be an independent legal person enterprise registered in the territory of the gas station. The lease operation time shall be more than 5 years, and a lease operation agreement or contract shall be signed. At the same time, it is necessary to go through the formalities for changing the Approval Certificate for Retail Operation of Refined Oil. The new Approval Certificate for Retail Operation of Refined Oil is marked with the words "Lease Operation", and the validity period of the certificate shall not exceed the contract termination date. If the lease is not renewed or the lease relationship is terminated in advance at the expiration of the lease period, the new business enterprise shall apply for changing the Approval Certificate for Retail Operation of Refined Oil. The lessee shall provide the following materials when applying for the Approval Certificate for Retail Operation of Refined Oil:
(1) A copy of the Business License of the newly leased enterprise.
(2) A copy of the original and new lease contract (or agreement) (a copy of the termination agreement is required for early termination).
(3) A copy of the Business License for Hazardous Chemicals of the newly leased business enterprise.
(4) Original copy of the original Approval Certificate for Retail Operation of Refined Oil.
(5) The original of the Registration Form for the Change of the Approval Certificate for Retail Business of Refined Oil.
(6) A copy of the Property Ownership Certificate or the legal use certificate of land and real estate, a copy of the Construction Land Planning Permit, a copy of the Construction Project Planning Permit, a copy of the building construction permits, a copy of the fire control acceptance opinion of the construction project, and a copy of the metrological verification certificate of the fuel tanker.
4. If the name, business address, legal representative or person in charge of the enterprise of the Approval Certificate for Retail Operation of Refined Oil changes, it is necessary to apply for the change of the certificate. The enterprise shall apply to the district/county (city) commercial department for change, fill in the Registration Form for Change of the Approval Certificate of Refined Oil Retail Business, submit the following materials, and report to the Municipal Bureau of Commerce for change after passing the preliminary examination by the district/county (city) commercial department. To change the registered items of the Approval Certificate for Retail Operation of Refined Oil, in addition to the original Registration Form for Change of the Approval Certificate for Retail Operation of Refined Oil, the original copy of the Approval Certificate for Retail Operation of Refined Oil, the copy of the changed business license of the enterprise and the copy of the changed hazardous chemicals business license, the following materials shall be provided for the following corresponding changes:
(1) If the name of an enterprise changes, it is also necessary to provide a copy of the basic information form of enterprise registration and a copy of the change registration form (the refueling ship shall provide a copy of the certificate of change of the name of the ship from the registration management department). A copy of the lease agreement must also be provided for the lease operation.
(2) If the legal representative or person-in-charge of the enterprise changes, a copy of the employment certificate of the new legal representative or person-in-charge of the enterprise, an ID card of the new legal representative or person-in-charge of the enterprise and a copy of the safety qualification training certificate shall also be provided.
(3) If the business address of the enterprise changes (the location of the gas station remains unchanged), a copy of the place name certificate issued by the relevant department shall be provided.
5. The main body of refined oil business changes (including enterprise transfer, acquisition, restructuring, and change of controlling party). The original business enterprise shall apply for cancellation of the Approval Certificate for Retail Business of Refined Oil and return the original copy. The new business enterprise shall re-apply for the qualification for retail business of refined oil according to the newly established conditions. The following materials shall be submitted when the main body of refined oil business changes:
(1) The original application documents for cancellation of the business qualification of the original enterprise (including the application for transfer and the application for cancellation of business qualification).
(2) The original Application Form for Temporary Closure/Cancellation of Refined Oil Retail Enterprises.
(3) A copy of the Business License of the original business enterprise.
(4) A copy of the approval document for the construction of the original business project, a copy of the Property Right Certificate or the legal use certificate of land and real estate, a copy of the Construction Land Planning Permit, a copy of the Construction Project Planning Permit, a copy of the building construction permits, a copy of the fire control acceptance opinion of the construction project, a copy of the Hazardous Chemicals Business Permit, a copy of the environmental protection completion acceptance certificate or a copy of the environmental protection assessment reply, Photocopy of metrological verification certificate of fuel tanker, copy of acceptance certificate of lightning protection device or test report of lightning protection and anti-static grounding device, and original copy of approval certificate of refined oil retail operation of original business enterprise.
For enterprises that issued the Approval Certificate for Retail Operation of Refined Oil before 2005, the conditions can be appropriately relaxed if the Property Right Certificate or the legal use certificate of land and real estate, the planning permit for construction land, the planning permit for construction project and the building construction permits cannot be provided. However, it should provide the approval documents of the original enterprise’s project establishment, the explanatory materials of the local capital regulation and residential construction, and provide a proof document of the way of obtaining assets in the compulsory auction by the court, the document of obtaining the right to operate by bidding, auctioning and hanging, the effective restructuring or property right disposal document and the asset evaluation report.
(5) For the report of new enterprises applying for the qualification of refined oil retail business, fill in the original "Application Form for the Qualification of Refined Oil Retail Enterprises" (in duplicate) and the original "Annual Report File of Gas Station (Point, Ship)" (in duplicate).
(6) provide proof of enterprise transfer without debt disputes.
(7) A copy of the Business License of the new enterprise, the basic registration form and the change registration form.
(8) the new legal representative or the person in charge of the enterprise’s employment certificate and a copy of the ID card.
(9) A copy of the qualification certificate of the personnel in the post of safety production.
(10) The original documents of the district and county (city) commercial departments for instructions.
(11) Other materials required by the examination and approval authority.
6. If an enterprise loses or damages the Approval Certificate for Retail Operation of Refined Oil, it shall apply to the local district, county (city) commercial department for reissue of the certificate, and the district, county (city) commercial department shall report to the Municipal Bureau of Commerce for reissue of the new certificate after preliminary examination. The following materials shall be submitted when applying for reissue:
(1) The original of the Registration Form for the Change of the Approval Certificate for Retail Business of Refined Oil.
(2) The original documents explaining the loss or damage of the enterprise certificate.
(3) The original statement of loss and invalidation published in newspapers at or above the municipal level.
(4) The original copy of the damaged Approval Certificate for Retail Operation of Refined Oil.
(5) A copy of the Business License of the enterprise.
(4) In-situ expansion (reconstruction)
1. Expansion refers to the behavior of refined oil retail enterprises to increase the variety of refined oil products, expand oil storage capacity (including increasing the number of oil tanks and physical volume), increase the number of tankers and other facilities and scale; Reconstruction refers to the behavior that refined oil retail enterprises rebuild (build) on the spot according to the original facilities and scale (including not increasing the number of tankers but only increasing the number of refueling guns). The expansion project shall be reported to the Municipal Bureau of Commerce for examination and approval, and the reconstruction project shall be examined and approved by the district/county (city) commercial department, with a copy to the Municipal Bureau of Commerce for the record.
2. The expansion (modification) of an enterprise shall comply with relevant laws and regulations and regulations of relevant departments such as capital regulation, market supervision, ecological environment, transportation, emergency, housing and construction, and pass the acceptance.
3. The application for expansion (reconstruction) shall provide the following materials:
(1) the original declaration form for expansion project of gas station (point) or the original declaration form for in-situ reconstruction project of gas station (point) (in triplicate).
(2) A copy of the Business License of the enterprise.
(3) The original copy of the Approval Certificate for Retail Operation of Refined Oil.
(4) A copy of the Business License for Hazardous Chemicals.
(5) A copy of the Property Right Certificate or the legal use certificate of land and real estate.
(6) A copy of the lease contract and the original written consent of the owner.
(7) A copy of the approval document for the construction of the original business project.
(8) A copy of the approval (filing) of the environmental impact assessment document concerning the expansion of urban built-up areas and environmentally sensitive areas.
(9) A copy of the lightning protection and anti-static grounding device inspection report issued by the Grade A lightning protection device inspection qualification unit.
(10) Application Form for Temporary Closure/Cancellation of Refined Oil Retail Enterprises (in duplicate).
(five) retail business closure and note (withdrawal)
1. Where the retail enterprises of refined oil products have temporarily closed down for more than 3 months due to expansion (reconstruction) and other reasons, they shall submit an application to the local district, county (city) commercial department, fill in the Application Form for Temporary Closure/Cancellation of Retail Enterprises of refined oil products, and return the original and original copies of the Approval Certificate of Retail Enterprises of refined oil products. District, county (city) commercial departments after examination and approval, in the "application form for temporary closure/cancellation of refined oil retail enterprises" signed opinions, stamped with the official seal of the unit. After the end of the closure period of the retail enterprises of refined oil products, the enterprises will take back the Approval Certificate of Retail Enterprises of refined oil products with the Application Form for Temporary Closure/Cancellation of Retail Enterprises of refined oil products that the district and county (city) commercial departments agree to seal. The temporary suspension of business shall not exceed 6 months, and if the special circumstances exceed 6 months, the enterprise shall apply for an extension and make a written explanation, and the extension shall not exceed 6 months.
2. In any of the following circumstances, the refined oil retail business enterprise shall apply to the issuing authority for cancellation of the approval certificate for refined oil retail business:
(1) The enterprise terminates its operation.
(2) The enterprise suspends its operation and fails to go through the formalities of closing down for no reason; The period of business suspension exceeds 6 months, and no extension has been applied for or the application for extension has not been approved.
(3) Failing to apply for renewal of the Approval Certificate for Retail Operation of Refined Oil at the expiration of its validity period.
(4) The Business License and Hazardous Chemicals Business License of the enterprise have been revoked or cancelled by the relevant departments.
(5) Other circumstances that should be cancelled.
3. The cancellation of the Approval Certificate for Retail Operation of Refined Oil is divided into voluntary cancellation by enterprises and cancellation ordered by management departments. By the district, county (city) commercial department after the first instance reported to the Municipal Bureau of Commerce. After examination, the issuing authority shall make a written decision on cancellation of administrative license, and make an announcement on the website of the issuing authority, and send a copy to the departments of market supervision, taxation and emergency.
(1) The enterprise voluntarily applies for cancellation. In case of cancellation, the enterprise shall take the initiative to apply for cancellation of the Approval Certificate for Retail Operation of Refined Oil, and shall provide the original report on the cancellation of the application of the enterprise, the original Application Form for Temporary Closure/Cancellation of Retail Operation of Refined Oil, and the original copy of the Approval Certificate for Retail Operation of Refined Oil (if it is lost, it shall provide relevant materials for the enterprise to report the loss).
(2) The management department shall order cancellation. In case of cancellation, if the enterprise does not take the initiative to apply for cancellation of the Approval Certificate for Retail Operation of Refined Oil, the district/county (city) commercial department will send a notice to the enterprise and publicize it on its website, explaining the reasons for cancellation and the time limit for feedback. If the feedback is not accepted within the time limit, the district/county (city) commercial department will apply for cancellation, and submit a cancellation application report and a notice (including feedback from the enterprise).
Fourth, standardize the business behavior of enterprises
(1) A refined oil trading enterprise shall establish a management ledger for the purchase, sale, storage and storage of refined oil, and keep the certification materials of the source and sales destination of refined oil. Retail operators of refined oil products shall regularly submit relevant information such as infrastructure and operation to the commercial department in accordance with regulations.
(2) A refined oil trading enterprise shall ensure that the source of refined oil is legal, and prohibit the storage and sale of refined oil that has been explicitly eliminated by the state and oil that has been smuggled, illegally refined and has no legal source. It should ensure that the quality of oil products meets the national standards, and it is forbidden to adulterate the stored and sold refined oil products, pass the fake products off as genuine products, and pass the substandard oil products off as qualified refined oil products.
(three) refined oil enterprises should implement the main responsibility of production safety, strictly implement the safety laws and standards, and improve the safety production management system, risk prevention and control mechanism and hidden danger investigation and management mechanism. Professional and technical personnel and public security personnel in the fields of safety production and quality should be equipped, and professional training and drills in safety production, fire fighting, public security and counter-terrorism, emergency response, environmental protection and quality measurement should be carried out regularly.
(4) Except for special oil-using units such as troops, armed police, fire fighting, railways, airports and public transportation, other units and individuals may not set up oil storage devices for motor vehicles and mobile machinery to directly fill refined oil without obtaining the retail business license of refined oil. Disaster relief, post-disaster reconstruction, major projects, agricultural production and agricultural machinery operations and other specific circumstances need to ensure the supply of oil products, reported to the district, county (city) commercial departments for the record, refined oil retail enterprises can set up temporary oil supply points, and promptly removed afterwards.
V. Supervision and management
(a) business, planning, market supervision, construction, ecological environment, emergency, transportation, public security, fire protection, meteorology, taxation and other departments to strengthen cooperation, to carry out comprehensive law enforcement inspection.
(two) the retail operators of refined oil products shall accept the supervision and inspection of the annual operation of the commercial departments, and the district and county (city) commercial departments shall affix the special seal for the annual inspection on the copy of the Approval Certificate for Retail Operation of refined oil products. The annual inspection results are divided into: qualified or unqualified. Due to expansion, reconstruction and other reasons, it is not necessary to participate in the supervision and inspection of the current year if it is still in a state of suspension (rest) at the end of the year. Failing to participate in the annual supervision and inspection or failing to pass the annual supervision and inspection, the commercial department shall order it to make rectification within a time limit. If the rectification is still unqualified, the issuing authority shall cancel its "Approval Certificate for Retail Operation of Refined Oil".
(three) refined oil operators shall operate according to law and prohibit the following acts:
1 without obtaining a business license to carry out refined oil business activities.
2. Engaged in the retail operation of refined oil products without obtaining the retail operation license of refined oil products or beyond the scope of the retail operation license of refined oil products.
3. Wholesale operators of refined oil sell refined oil to motor vehicles (ships) and mobile machinery by direct filling.
4. Failing to obtain the Business License for Hazardous Chemicals as required.
5 sales do not meet the national standards and quality requirements of refined oil.
6. Tampering with or deleting the relevant data in the fuel dispenser and liquid level meter.
7. Use unqualified fuel refueling device.
8. Selling refined oil that has been smuggled or whose legal source cannot be proved.
9. Failing to sell bulk gasoline in accordance with relevant regulations.
10. Forge, alter, resell, lease, lend, pledge or transfer the approval certificate of retail operation of refined oil in any form.
11. Violating national price laws and regulations, driving up oil prices or dumping at low prices.
12 unauthorized expansion and reconstruction of retail outlets.
13 other acts prohibited by laws, regulations and rules.
(four) to carry out credit classification supervision of refined oil enterprises, record the illegal acts, and collect them from the public credit information service platform according to law, and strengthen joint punishment.
(five) the examination and approval department shall publicize the list of enterprises that have obtained the qualification for retail operation of refined oil products and the changes and cancellations.
VI. Legal Responsibility
(a) in violation of the provisions of these measures, laws, regulations and departmental rules have been punished, in accordance with its provisions.
(II) If the relevant departments and their staff violate the provisions of these measures, abuse their powers, neglect their duties or engage in malpractices for selfish ends, the directly responsible person in charge and other directly responsible personnel shall be investigated for responsibility according to law.
(3) If an enterprise applying for the retail business license of refined oil conceals the real situation or provides false materials, the commercial department shall refuse to accept or refuse the license and give a warning. The applicant enterprise shall not apply for the retail business license of refined oil again within one year.
(4) In case of any of the following circumstances, the commercial department shall give a warning within the scope of legal functions and powers, and may cancel the approval certificate for retail operation of refined oil.
1 did not participate in the annual supervision and inspection or annual supervision and inspection unqualified refused to rectification.
2. Selling refined oil outside retail outlets that do not conform to the provisions of these Measures.
(five) in violation of the provisions of the "five, supervision and management" (three) prohibited acts, the relevant functional departments shall be investigated and dealt with according to their respective responsibilities. The business premises, tools, equipment, oil products and other items suspected of being used for illegal business operations shall be sealed up and detained.
(6) These Measures shall be implemented as of November 9, 2022. The original Notice of Hangzhou Municipal Bureau of Commerce on Doing a Good Job in the Retail Management of Refined Oil (Hangzhou Commerce [2020] No.28) shall be abolished at the same time.
(seven) the Hangzhou Municipal Bureau of Commerce shall be responsible for the interpretation of these measures.
Attachment: 1. Declaration Form for New Projects of Gas Stations (Points)
2 gas station (point) expansion project declaration form
3 gas station (point) completion acceptance application form
4. Application Form for Business Qualification of Refined Oil Retail Enterprises
5 gas station (point, ship) annual report file
6. Application form for temporary closure/cancellation of refined oil retail enterprises
7 refined oil retail business approval certificate change registration form
8 gas station (point) in situ reconstruction project declaration form
9. Audit Form for Operating Conditions of Refueling Ship
10. Registration Form for Annual Inspection of Refined Oil Retail Enterprises (annual)
Attachment 1-10.doc
Hangzhou business [2022] No.204. pdf
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