Article 20 An administrative department of commerce of the municipal people's government shall complete the examination and report its preliminary examination opinions along with the application materials to the administrative department of commerce of the provincial people's government within 20 workdays since the receipt of the application for the qualification for engaging in the retailing business of refined oil.
The administrative department of commerce of the provincial people's government shall finish the examination within 20 workdays since the receipt of the materials as reported by the administrative department of commerce of the municipal people's government. If the application meets the conditions as provided in Article 8 of the present Measures, it shall grant a license for the retail of refined oil and release an Approval Certificate for the Retail 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.
Article 21 If a refined oil wholesaling or storing enterprise newly builds, rebuilds or expands its oil depot or other storage facilities, it shall abide by the urban and rural planning and oil depot layout planning, and report to the Ministry of Commerce for record after acquiring the confirmation document concerning oil depot planning from the administrative department of commerce of the provincial people's government and going through the acceptance procedures at the related departments.
If a refined oil retailing enterprise newly builds, rebuilds or expands its gas station (site) or other facilities, it shall abide by the urban and rural planning and development planning of gas station industry, and report to the administrative department of commerce of the provincial people's government for record after acquiring the confirmation document concerning gas station (site) planning from the administrative department of commerce of the provincial people's government and going through the acceptance procedures at the related departments.
Article 22 If a business operating entity of a newly built gas station is determined by ways of bidding, auction or listing of state-owned land use right, the tenderee or the auction entrusting party shall organize the bidding or auction after acquiring the confirmation document concerning the planning of the subject matter to be bid or auctioned by the administrative department of commerce of the provincial people's government of the place where it is located; and a bidder may only take part in the bidding or auction after acquiring the consent and advance approval document from the administrative department of commerce of the provincial people's government.
Article 23 If the establishment of a foreign-funded enterprise or enlarging of its business scope, or the merger of a domestic enterprise by a foreign businessman involves any refined oil business, it is necessary to send an application to the administrative department of commerce of the provincial people's government, which shall accomplish the examination within one month since the date receiving a complete set of application materials and shall report its preliminary examination opinions and the application materials to the Ministry of Commerce, which shall make a decision concerning whether to approve it or not within three months since the date of receiving all application documents.
A foreign-funded enterprise may apply for refined oil business license according to the related provisions of the present Measures after its establishment, merger or enlargement of business scope is approved by the Ministry of Commerce.
Article 24 The administrative department of commerce of the provincial people's government shall report the reply documents concerning refined oil retailing enterprises to the Ministry of Commerce for record within 10 workdays, and simultaneously put the basic information of the refined oil retailing enterprises into the enterprise database of refined oil market management information system.
Article 25 With regard to an application for refined oil business license, if the administrative department of commerce which accepts the application believes it necessary to hold a hearing, it shall make public announcement to the society and hold a hearing.
Article 26 If a refined oil enterprise intends to set up a branch which engages in the refined oil business, it shall go through the application procedures separately according to the provisions of the present Measures.
Chapter IV Issuance and Change of the Approval Certificate for Refined Oil Business
Article 27 The Approval Certificate for refined oil business shall be exclusively printed by the Ministry of Commerce. The Approval Certificate for the Wholesale of Refined Oil and the Approval Certificate for the Storage of Refined Oil shall be released by the Ministry of Commerce. The Approval Certificate for the Retail of Refined Oil shall be released by the administrative departments of commerce of the provincial people's governments.
Article 28 Where a refined oil wholesaling or storing enterprise intends to change any item of the Approval Certificate for the Wholesale of Refined Oil or the Approval Certificate for the Storage of Refined Oil, it shall send an application to the administrative department of commerce of the provincial people's government, which shall, if finding it qualified through preliminary examination, report it to the Ministry of Commerce for examination and approval. If it meets the conditions to continue engaging in the refined oil business, the Ministry of Commerce shall release a new Approval Certificate for the Wholesale of Refined Oil or Approval Certificate for the Storage of Refined Oil.
If a refined oil retailing enterprise intends to modify any item of the Approval Certificate for the Retail of Refined Oil, it shall send an application to the administrative department of commerce of the municipal people's government, which shall, if finding it qualified through preliminary examination, report it to the administrative department of commerce of the provincial people's government for examination and approval. If it meets the conditions to continue engaging in refined oil business, the administrative department of commerce of the provincial people's government shall release a new Approval Certificate for the Retail of Refined Oil.
Article 29 If a refined oil enterprise intends to modify any item of the Approval Certificate for the refined oil business, it shall submit the documents to the application department as follows:
Under the premise that the investor of the business entity remains unchanged, and only the enterprise name is changed, the enterprise shall provide the Circular for Advance Approval of Enterprise Name released by the administrative department for industry and commerce or the certificate concerning the change of vessel name released by the administrative department of ships' nationality; the employment certificate and the identity certificate of the new legal representative shall be provided if the legal representative is changed; and the certificate on the legal use right of the business place shall be provided if business place which involves no movement of oil depot or gas station is changed.
If the investor of the business entity changes, the original business entity shall implement the related procedures for deregistering its business qualification, while the new business entity shall apply for the qualification for engaging in refined oil business over again.
Chapter V Supervision and Administration
Article 30 The administrative departments of commerce of the people's governments of each level shall intensify their supervision and inspection of the refined oil market under their respective jurisdictions and investigate and punish the violations conducted by refined oil enterprises.
Article 31 The administrative departments of commerce of the provincial people's governments shall, according to the present Measures, organize the inspection concerning the enterprises which have the qualification for engaging in the refined oil business every year and report the inspection results to the Ministry of Commerce.
As regards a refined oil enterprise which is found to be unqualified in the annual inspection, the Ministry of Commerce and the administrative department of commerce of the provincial people's government shall order it to rectify within a certain time limit; if it is still unqualified after rectification, its qualification for engaging in the refined oil business shall be revoked by the license-issuing authority.
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