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Review and Verification of Qualification for Refined-Oil and Crude-oil Business—the Modification of the Certificate for the Approval of Refined-Oil Storage Business and the Certificate for the Approval of Wholesale of Refined Oil
Issuance Date:18/08/2010

(Processing agency: Reserve Regulation and Control Department)

 

Acceptance:

Legal basis:

1.Decision of the State Council on Establishing Administrative Licensing for Administrative Review and Approval Issues That Are Truly Needed to be Retained, (State Council Decree No. 412);
2.Administrative Licensing Law of the People’s Republic of China, (2003 Decree of the Chairman of the People’s Republic of China No. 7);
3.Measures on the Administration of Refined-Oil Market (Ministry of Commerce Order 2006 No. 23) and Manual for Enterprises of Refined-Oil Business issued by the Ministry of Commerce.

Basis for collection of fees: No fee shall be collected.

Time limit: The administrative licensing decision shall be made within 20 working days from the date of the acceptance. Under special circumstances, 10 more working days may be extended with the approval of the head of this administrative department.

 

Procedures:

I. The modification of the Certificate for the Approval of Retail of Refined Oil

1.     The application shall include: An application shall be submitted by the applicant, stating the applicant’s name, registered address, basic information of the applying enterprise such as the legal person and the modification items. The applicant shall also submit application materials required for the modification of the Certificate for the Approval of Retail of Refined Oil. The review and approval form shall be reported to the Beijing Municipal Commission of Commerce for review and approval after passing the review and verification of the relevant commission of commerce at district or county level.

2.      Legal basis of the application requirements: The application needs to meet the requirements of the licensing item and the Measures on the Administration of Refined-Oil Market.

3.      Application method: The applicant shall submit a written application and the application materials shall be delivered directly to the processing agency by the applicant or an agent.

4.      List of the application materials and the information of the modification registration form (the information is available on the Internet and the modification registration form may be downloaded):

(1)    Fill out the Modification Registration Form of the Certificate for the Approval of Refined-Oil Business;

(2)    The Certificate for the Approval of Retail of Refined Oil issued by the Beijing Municipal Commission of Commerce (both the original and the duplicate);

(3)    The Notice for Advance Approval of Enterprise Name or themodified Business License(the duplicate) issued by the administrative authorities of industry and commerce for an enterprise that modifies the name; the certificate of the property right of the gas station and the supporting facilities;

(4)    Evidential document for the appointment of the new legal representative (the head of the enterprise), the identification certificate and the modified Business License(the duplicate) for an enterprise that modifies the legal representative (the head of the enterprise); legal certificate such as the lease contract and the new investment agreement shall also be submitted for an enterprise that modify the legal representative (the head of the enterprise) because of the lease of the gas station or the adjustment of the proportion of investment from partners;

(5)    The certificate of the legal use right of the business premises and the certificate issued by the public security department to the effect that the physical location has not changed for the modification of business premises that does not involve relocation of the gas station;

(6)    Where the actual business location of the gas station is changed, the review and approval formalities of the application of the business qualification for gas station specified in the Manual of Enterprises Engaging in the Business of Refined Oil and Crude Oil in Beijing shall apply;

(7)    The modified Hazardous Chemical Business License (the duplicate) issued by the department of safety supervision;

(8)    The written resolution of the board of directors approving the modification if the applicant is a joint-stock enterprise; written documents from the parent enterprise approving the modification if the applicant is a subsidiary;

(9)    Other materials required by the review and verification agency.

5.      Attention: The applicant shall submit relevant materials truthfully and be responsible for the authenticity of the materials, or they shall bear relevant legal consequences.

 

II Change of the investor of an enterprise

Where the investor of an enterprise engaging in the retail of refined oil or the business facilities is changed, the old enterprise engaging in the retail of refined oil shall cancel the business qualification according to relevant procedures and surrender the old Certificate for the Approval of Retail of Refined Oil; the new operating entity shall submit relevant application materials and re-apply for the qualification of refined-oil business according to the requirements for the establishment of a new refined-oil enterprise.

 

Preliminary review:

Procedures:

1.      Acceptance (precondition) standard: The application shall meet the application requirements and the submitted application materials shall be complete and in compliance with the legal formalities.

2.      Legal basis of the acceptance (precondition) standard: The Article 32 of the Administrative Licensing Law of the People’s Republic of China and the Measures on the Administration of Refined-Oil Market.

3.      Processors: Processing staff at the Business Division Five of the Commercial Service Center of the Beijing Municipal Commission of Commerce.

4.      Processors’ responsibilities:

(1)   The staff shall review whether the materials are complete and in compliance with the legal formalities;

(2)   If the materials are incomplete, the staff shall notify the applicant of the missing materials at one time and issue relevant documents; for an application that does not meet the application requirements, the staff shall not accept, give reasons and issue relevant documents;

(3)   For an application that meets the application requirements, the staff shall accept the case immediately and issue relevant documents.

5.      Time limit of acceptance and review: The staff shall decide whether to accept the application or notify the applicant to make up all needed materials in five working days from the date of the receipt of the application materials. If no notification is made in the time limit, the application shall be deemed as accepted on the date of the receipt of the application materials.

 

Second review:

Procedures:

1.     Review standard:

(1)   The application shall meet the application requirements and the legal formalities;

(2)   The submitted application materials shall be valid and in compliance with the application requirements in the format.

2.      Preconditions of the review: All requirements of the modification of the Certificate for the Approval of Retail of Refined Oil are met, and the application is endorsed with the opinion, signature and seal of the head of the bureau of commerce at district or county level.

3.       Reviewers: Processing staff and the head of the Market Regulation and Control Department of the Beijing Municipal Commission of Commerce.

4.      Reviewers’ responsibilities:

(1)   Processing staff: To review the application materials and issue the opinion of preliminary review.

(2)   Department head: To double-check the application materials and issue review opinion basing on the opinion of the processing staff.

(3)   If the information of the application materials needs to be verified, the verification shall be done by at least two staffers.

(4)   The applicant shall be notified if an extension is needed because the decision can not be made in the specified time limit.

 

Decision-making:

Procedures:

1.      Decision-making standard: The application materials shall be complete and in compliance with the legal formalities.

2.      Decision-maker and the responsibilities: Head of the commission; the head of the commission shall make the administrative licensing decision basing on the review opinion of the processing staff and the head of the department.

3.      Conclusion and the delivery: for an approved enterprise engaging in the retail of refined oil, a certificate for the approval of retail of refined oil shall be made and issued to the applicant. For a rejected application, the application shall be given reasons and notified of the right to apply for administrative reconsideration and to initiate an administrative action.

4.      Time limit of decision delivery: Ten days from the date of the approval.

 

Notification:

Notification and the delivery:

For an approved enterprise engaging in the retail of refined oil, a certificate for the approval of retail of refined oil shall be made and issued to the applicant.

For a rejected application, the applicant shall be given reasons and notified of the right to apply for administrative reconsideration and to initiate an administrative action.

 

Telephone numbers for supervision and reporting:

Telephone numbers for policy consultation of administrative licensing issues:

+86-10-85163121 (Business Division Five of Commercial Service Center);

+86-10-65248518, 85163133 (Reserve Regulation and Control Department)

 

Processing hall hours: 9:00-11:30, 13:30-17:30, Monday to Friday

Address and zip code: Window 8 of the processing hall on the first floor of the Beijing Municipal Commission of Commerce Building, 190 Chaonei Street, Dongcheng District, 100010. 

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