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Article 32 The major content of the annual inspection concerning a refined oil enterprise is as follows:
(1) The conclusion and implementation of refined oil supply agreements;
(2) The operation of refined oil by the enterprise in the previous year;
(3) Whether the refined oil enterprise and its supporting facilities comply with the present Measures and the related technical specifications and requirements; and
(4) The situation of the enterprise in respect of quality, measurement, fire-fighting, security and environmental protection, etc.
Article 33 A refined oil enterprise which is to suspend or stop its business shall go through the suspension or cancellation procedures with the license-issuing authority. A refined oil wholesaling or storing enterprise may not suspend or stop its business for more than 18 months, while a refined oil retailing enterprise may not suspend or stop its business for more than six months. As regards an enterprise which fails to go through the suspension or cancellation procedures without reason by exceeding the stipulated time limit, the license-issuing authority shall revoke its refined oil business license, cancel the Approval Certificate for refined oil business and notify the related departments.
Upon approval of the administrative department of commerce of the provincial people's government of the place where it is located, a refined oil retailing enterprise which is to be relocated because of the adjustment of urban planning, road widening or any other reason may appropriately extend its suspending period.
Article 34 The administrative departments of commerce of the people's governments of each level shall supervise and manage the refined oil business license and the refined oil market without collecting any fee.
Article 35 The Ministry of Commerce and the administrative departments of commerce of the provincial people's governments shall publicize the list of the enterprises which have acquired a refined oil business license and the information concerning the change or cancellation of any enterprise.
Article 36 The Approval Certificate for refined oil business may not be forged, modified, traded, leased, lent or transferred in any other form.
An modified or cancelled Approval Certificate for refined oil business shall be surrendered to the license-issuing authority, and any other entity or individual must not retain it privately.
Article 37 The special refined oil for special users shall be utilized according to the provisions of the state on the quantity, purpose and scope of supply, and may not be sold to any other irrelevant person.
Article 38 A refined oil enterprise shall operate under law. Any of the following acts is forbidden:
(1) Engaging in business without a certificate or license or with a certificate and license which are not in line with each other or beyond its authorized business scope;
(2) Failing to use a fueling machine or any other measuring instrument or failing to use a tax-control device as required by any of its gas station;
(3) Using any fueling machine which has not been tested or exceeded the term of test or which does not satisfy the requirements for explosion prevention and protection, or modifying the fueling machine without authorization or skimping oil by other ways;
(4) Mixing impurities or imitations, passing a fake product off as a genuine one or passing a defective product off as a high-quality one;
(5) Selling the refined oil which has been phased out as expressly ordered by the state or whose quality is incompetent;
(6) Trading smuggled or illegally refined oil;
(7) Driving up oil prices or dumping oil at a low price by going against the laws and regulations concerning price;
(8) Other business activities forbidden by any law or regulation of the state.
Article 39 A refined oil retailing enterprise shall purchase refined oil from the enterprises which have the qualification for engaging in the wholesale business of refined oil.
Any refined oil retailing enterprise may not sell refined oil on a commission basis for any enterprise without the qualification for engaging in the wholesale business of refined oil.
If a refined oil storing enterprise stores refined oil for any other entity, it shall verify the legality of the source of the refined oil and the legality of the certificate of its client.
Any refined oil wholesaling enterprise may not sell any refined oil used for business purpose to any enterprise without the qualification for engaging in refined oil business.
Article 40 If any of the following circumstances occurs, the administrative department of commerce which made a decision to grant a refined oil business license or the administrative department of commerce at the next higher level may, at the request of the interested person or by virtue of its own power, annul the said decision:
(1) Granting license to an applicant which is unqualified or fails to meet the statutory requirements;
(2) Granting license by exceeding the legal authority;
(3) A refined oil enterprise failing to meet the related conditions provided in Articles 7 through 9 of the present Measures any more;
(4) Failing to take part in or pass the annual inspection;
(5) Acquiring the business license by such illegal ways as fraud or bribery;
(6) Hiding the related information, providing false materials or refusing to provide the real materials which reflect its business activities; or
(7) Other circumstances under which the administrative license shall be revoked under law.
Chapter VI Legal Liabilities
Article 41 If any administrative department of commerce or any of its staff commits any of the following acts by going against the present Measures, the administrative department at a higher level or the supervisory department shall order it/him to rectify; where the circumstance is serious, the person-in-charge directly responsible and other personnel directly responsible shall be imposed on an administrative punishment:
(1) Failing to accept an application which satisfies the statutory requirements;
(2) Failing to specify to an applicant the reasons for refusing to accept its application or to grant license;
(3) Granting a license to an applicant not satisfying the statutory requirements or by exceeding the legal authority;
(4) Refusing to make an approval decision or failing, without justifiable reasons, to make such a decision within the statutory time limit for an applicant satisfying the statutory requirements; or
(5) Failing to perform or effectively perform its supervision duty, which has resulted in serious consequences.
Article 42 If any administrative department of commerce charges fees without authorization in the process of granting refined oil business license, it shall be ordered to refund the fees illegally charged and impose administrative punishment on the personnel in charge and the personnel held directly responsible by the administrative department at a higher level or the supervisory department.
Article 43 Where any refined oil enterprise commits any of the following acts, if there are specific provisions in any law or regulation, such provisions shall prevail; where there is no such provision in the laws and regulations, the administrative department of commerce of the people's government at or above the county level of the place where the enterprise is located shall give it a warning under law in light of the specific circumstance, order it to suspend the business for rectification, or impose upon it a fine of not more than three times of the illegal gains or 30,000 yuan:
(1) Modifying, reselling, leasing, lending or illegally transferring its Approval Certificate for the refined oil business in any other form;
(2) In violation of the related provisions, selling special oil to the outsiders without authorization by a special user of refined oil;
(3) Newly building, rebuilding or expanding any gas station or oil depot without permit by going against the conditions and procedures as provided in the present Measures;
(4) Selling refined oil through such ways as mixing impurities or imitations, passing a fake product off as a genuine one, passing a defective product off as a high-quality one or passing an inferior product off as a standard one, or selling the refined oil which has been expressly ordered to be phased out by the state or whose quality is incompetent;
(5) Selling any smuggled refined oil;
(6) Modifying the fueling machine without authorization or skimping oil by other ways;
(7) Selling the refined oil used for business purpose to any enterprise without the qualification for engaging in refined oil business by a refined oil wholesaling enterprise;
(8) Purchasing refined oil by a refined oil retailing enterprise from any enterprise without the qualification for engaging in the wholesale business of refined oil;
(9) Engaging in business beyond the business scope;
(10) Going against the related technical specifications and requirements; or
(11) Other illegal acts provided in any law, rule or regulation.
Article 44 If an enterprise that applies for the qualification for engaging in refined oil business commits any of the following acts, the administrative department of commerce shall make a decision of not accepting the application or not granting license and shall give it a warning, and the applicant may not apply for refined oil business license again within one year as for the same matter:
(1) Hiding the real situation;
(2) Supplying false materials; or
(3) Going against the related policies and application procedure, and the circumstance is serious.
Article 45 As regards an enterprise which has acquired an Approval Certificate for the refined oil business released by an administrative department of commerce at or above the provincial level but still fails to observe the conditions provided in Article 7, Article 8 or Article 9 of the present Measures, it shall get rectified within 18 months since the date of the promulgation of the present Measures in the case of a refined oil wholesaling or storing enterprise, and within six months in the case of a refined oil retailing enterprise; as regards a refined oil business enterprise which still fails to observe the conditions when the time limit expires, the administrative license organ shall revoke its refined oil business license and cancel its Approval Certificate for refined oil business.
Chapter VII Supplementary Provisions
Article 46 Before the promulgation of the present Measures, the oil refining enterprises which have already been approved under law and accord with the state policies shall apply for and acquire an Approval Certificate for the Wholesale of Refined Oil under the present Measures.
Article 47 The Ministry of Commerce shall be the interpreter of the present Measures.
Article 48 The present Measures shall enter into force as of January 1, 2007, and the Interim Measures for the Administration of the Refined Oil Market shall be nullified simultaneously.
Source: www.fdi.gov.cn, not the official translation | 
