certificates and acceptance documents on oil depot, gas stations (sites) and other facilities released by the departments responsible for land and resources, planning and construction, safety supervision, public security and fire-fighting, environmental protection, meteorology and quality inspection, etc.;
(3) Business License for Enterprise Legal Person or Circular for Advance Approval of Enterprise Name as released by the department of industry and commerce;
(4) Hazardous Chemical Business License as released by the department of safety supervision;
(5) Approval Certificate of Foreign-Funded Enterprise of the People's Republic of China as regards a foreign-funded enterprise; and
(6) Other documents required by the examination and verification organs.
Article 12 An enterprise which applies for the qualification for engaging in the wholesale business of refined oil shall provide the legal instruments and the related materials on its secular and stable supply of refined oil in addition to the documents as provided in Article 11 of the present Measures.
Article 13 An enterprise which applies for the qualification for engaging in the retailing business of refined oil shall, in addition to the documents as provided in Article 11 of the present Measures, provide the legal instruments and the related materials concerning its secular and stable supply of refined oil and the confirmation concerning gas station (site) planning released by the administrative department of commerce of the provincial people's government.
If an enterprise acquires the land use right of its gas station (site) through bidding, auction or listing, it shall also provide the advance approval documents concerning approving the applicant to take part in the bidding or auction released by the administrative department of commerce of the provincial people's government and the Sales Confirmation of the auction (bidding, listing) of state-owned land use right as released by the department of land and resources.
With regard to a marine gas station (vessel), it is also necessary to provide the Opinion Concerning Examining the Operating Conditions of Fueling Vessels signed by the water area supervision department.
Article 14 An enterprise which applies for the qualification for engaging in the storage business of refined oil shall also provide the confirmation document concerning oil depot planning released by the administrative department of commerce of the provincial people's government in addition to the documents as provided in Article 11 of the present Measures.
If an enterprise has acquired the land use right of its oil depot through bidding, auction or listing, it shall also provide the advance approval documents concerning approving the applicant to take part in the bidding or auction as released by the administrative department of commerce of the provincial people's government and the Sales Confirmation of the auction (bidding, listing) of state-owned land use right released by the department of land and resources.
Article 15 The administrative department of commerce shall, at its work place, publicize the conditions, procedures, time limit, list of the materials to be submitted and model application letter for applying for refined oil business license.
Article 16 If an administrative department of commerce which accepts an application deems that the application materials are not complete or fail to be in line with the related provisions, it shall notify, once and for all, the applicant of all the content which needs to be supplemented or corrected within five workdays since receiving the application. If it fails to notify the applicant when the time limit expires, the application shall be deemed as having been accepted since the date when the application materials are received.
Article 17 If the application materials are complete and accord with the stipulated form, or if the applicant has supplemented or corrected all the application materials as required, the administrative department of commerce shall accept the application for refined oil business license.
If an administrative department of commerce accepts an application for refined oil business license, it shall issue a written certificate which bears the special seal of this administrative organ and indicates the date.
If it rejects an application for refined oil business license, it shall issue a written certificate which bears the special seal of this administrative organ, specifies the reasons for rejection and indicates the date, and shall also inform the applicant of the right to apply for administrative reconsideration or to initiate an administrative lawsuit.
Article 18 The administrative department of commerce which accepts an application shall seriously examine the materials submitted by the applicant and put forward its opinions. Its preliminary examination opinions and the application materials shall, when necessary, be reported to the administrative department of commerce of the higher level for examination and approval by it.
Chapter III Procedures and Time Limit of the Examination of Refined Oil Business License
Article 19 An administrative department of commerce of the provincial people's government shall finish the examination and report the preliminary examination opinions and application materials to the Ministry of Commerce within 20 workdays since the receipt of the application for wholesaling or storing refined oil as submitted by an applicant.
The Ministry of Commerce shall, within 20 workdays since receiving the application materials as reported by an administrative department of commerce of the provincial people's government, finish the examination and verification. If the application meets the conditions as provided in Article 7 of the present Measures, it shall grant a license for the wholesale of refined oil and release an Approval Certificate for the Wholesale of Refined Oil; if the application meets the conditions as provided in Article 9 of the present Measures, it shall grant a license for the storage of refined oil and release an Approval Certificate for the Storage of Refined Oil; and if the application fails to meet the related conditions, it shall inform the applicant of the decision of disapproval and the reasons therefor in written form.
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