Reissuing LPG Refueling Station Certificate Guide

The procedure for reissuing LPG refueling station certificate of eligibility is a mandatory process for traders when a previously issued certificate is lost, damaged, or contains errors. Correctly executing this procedure ensures that the station’s business operations continue without interruption and in full compliance with current laws on gas business. To complete this procedure accurately and efficiently, traders must understand the relevant legal regulations detailed below.

Grounds for Reissuing the Certificate

Applying for the reissuance of a Certificate of Eligibility for an LPG refueling station is a procedure for when the original certificate is no longer intact or usable. This differs from procedures for new issuance or modification.

Based on Point a, Clause 1, Article 45 of Decree 87/2018/ND-CP, the Certificate of Eligibility is reissued in the following cases:

• Loss: The certificate is misplaced due to objective or subjective reasons such as natural disasters, fire, or during relocation or records storage. The trader must provide a written commitment confirming the loss and assume legal responsibility for this statement to initiate the reissuance.
• Errors: The certificate contains incorrect information due to errors by the issuing authority during drafting or printing. Errors may relate to the trader’s name, head office address, enterprise code, or other technical details of the station. Reissuance in this case corrects the information to match business registration records and operational reality.
• Damage: The certificate is torn, faded, or physically deformed to the point where the content is illegible or its authenticity is compromised. Cases such as water damage or partial charring are considered damage. The trader must submit the damaged original (if available) with the reissuance application for the competent authority to verify and nullify the old certificate.

According to Point b, Clause 1, Article 45 of Decree 87/2018/ND-CP, the content and validity period of the reissued certificate remain unchanged from the original. The reissued license will explicitly state the nullification of the previous lost, incorrect, or damaged certificate.

Conditions for Reissuing the Certificate

To have an LPG refueling station certificate reissued, a trader must meet several basic conditions. These focus on verifying the legal status of the trader and the status of the old certificate.

The competent authority will review the following issues when processing a request for reissuing LPG refueling station certificate:

• Legal Status of the Trader: The applicant must maintain a valid legal status, meaning the enterprise is still active according to its Certificate of Business Registration. This is stipulated in Clause 1, Article 11 of Decree 87/2018/ND-CP, which requires the refueling station to be owned by a legally established trader. The licensing authority will verify this information on the National Business Registration Portal.
• Valid Previous Certificate: The trader must prove that a Certificate of Eligibility for an LPG refueling station was previously issued and was still valid at the time of loss, damage, or discovery of errors. The state authority will check this against the original stored file.
• Qualifying Circumstances: The trader must fall into one of the three specified cases: loss, error, or damage, as regulated in Point a, Clause 1, Article 45 of Decree 87/2018/ND-CP. This is the sole legal basis for this procedure.

The procedure for reissuing LPG refueling station certificate does not alter the trader’s rights and obligations, such as the duty to post prices, sell at the correct price, ensure LPG quality, and comply with safety regulations under Article 24 of Decree 87/2018/ND-CP. The reissuance serves only to restore the legal form of the license, not to change its content or extend its validity.

Procedure for Reissuing the LPG Refueling Station Certificate

The process for reissuing LPG refueling station certificate is more streamlined than that for a new issuance. Traders must adhere strictly to the dossier requirements, submit to the correct authority, and monitor the process within the legal timeframe.

Application Dossier

According to Point c, Clause 1, Article 45 of Decree 87/2018/ND-CP, the application dossier includes:

• An application for reissuance of the Certificate of Eligibility, using Form No. 12 from the Appendix of Decree 87/2018/ND-CP. The trader must clearly state the reason for reissuance (loss, damage, or error) and affirm the accuracy of the information.
• The original Certificate of Eligibility if the application is due to damage or errors.
• Related documents (if any): A copy of the Certificate of Business Registration may be included for the authority’s convenience in cross-referencing information.

Competent Authority

As per Clause 2, Article 44 of Decree 87/2018/ND-CP, the authority responsible for issuing the certificate is the provincial/municipal Department of Industry and Trade where the station is located. Therefore, the application for reissuing LPG refueling station certificate must be submitted to the same Department of Industry and Trade that issued the original certificate.

Application Process

Based on Clause 1, Article 45 of Decree 87/2018/ND-CP, the reissuance procedure is as follows:

• Step 1: Dossier Submission: The trader prepares one set of the required documents and submits it in person, by post, or online (if available) to the competent Department of Industry and Trade.
• Step 2: Dossier Reception and Processing: The Department of Industry and Trade receives the dossier. If the dossier is incomplete or invalid, the authority will issue a written request for supplementation.
• Step 3: Reissuance of the Certificate: Based on the previously stored license dossier, within 07 working days of receiving a valid application, the Department of Industry and Trade will review and reissue the certificate. The new certificate will state that the old one is nullified.

Service for Reissuing LPG Refueling Station Certificate at Long Phan Consulting

While simpler than a new application, the procedure for reissuing LPG refueling station certificate demands absolute precision in dossier preparation and legal compliance. To save time, reduce costs, and ensure a smooth process without affecting business operations, using a professional service is an optimal solution. Long Phan Consulting Company, with its team of experienced legal experts in business law, provides comprehensive support to help clients complete the procedure quickly and effectively.

When using the service at Long Phan Consulting Company, our team will perform the following on your behalf:

• Provide detailed consultation on legal regulations related to the reissuance procedure.
• Review and assess the validity of your existing documents and guide you on necessary additions.
• Prepare a complete and accurate reissuance application dossier.
• Represent you under authorization to submit the dossier to the competent Department of Industry and Trade.
• Proactively monitor and update the processing status and work directly with state agencies to resolve any issues.
• Receive the reissued Certificate of Eligibility on your behalf.
• Deliver the new certificate and advise on necessary post-reissuance steps.

Frequently Addressed Topics

Cost of the Procedure:

Current law does not list the reissuance of a Certificate of Eligibility as a service subject to state fees or charges. However, traders will incur service costs such as postage or fees for authorizing a consulting firm.

Changes in Business Information:

If business information (address, name) has changed from the original license, the trader must apply for a modification or supplement to the Certificate, not a reissuance. The procedure for reissuing LPG refueling station certificate only applies when the certificate’s content remains accurate and valid.

Level of Damage Requiring Reissuance:

A trader must apply for reissuance when the license is physically damaged to the extent that key information—such as the trader’s name, address, tax code, validity period, or the issuing authority’s seals—is blurred, torn, illegible, or its integrity is questionable.

Online Application Submission:

Online submission depends on the public service system of each province or city. Traders should check the public service portal of their locality to see if this procedure is available online and follow the specific instructions.

Lost Certificate Nearing Expiration:

If a certificate is lost or damaged less than six months before its expiration, traders should consider preparing a dossier for a new issuance instead of a reissuance. This saves time and effort, as a reissued certificate retains the original expiration date.

Handling of the Damaged Original Certificate:

Upon reissuing the certificate, the Department of Industry and Trade will confiscate and nullify the damaged or incorrect original submitted by the trader. This ensures only one legally valid license exists at any time.

Legal Consequences of Operating Without Reissuance:

Operating without a valid certificate (due to loss or damage preventing its presentation) is a violation of regulations on conditional business lines. Depending on the severity, the trader may face administrative penalties under Decree 99/2020/ND-CP on sanctions in the oil and gas sector.

Conclusion

Completing the procedure for reissuing LPG refueling station certificate is a necessary legal step to maintain lawful and stable business operations. This process, though regulated, carries risks if not handled with care and precision. For professional and prompt assistance, please contact Long Phan Consulting Company via our hotline at 1900636389 to have our legal experts provide consultation and answer all your questions.