Content
Chapter 1 General Provisions
Article 1. Objective
Article 2. Fuel road tanker
Article 3. Explanations
Article 4. Scope of Application of the Decision
Chapter 2 Rights and Obligations
Article 5. Rights of the business operators, suppliers and consumers of road fuel tankers
Article 6. Obligations of Business Operators, suppliers and consumers of road fuel tankers
Chapter 3 Management, inspection and verification Authorities of the Road Fuel Tankers
Article 7. Management, inspection and verification authorities
Article 8. Rights of the management, inspection and verification authorities
Article 9. Main duties of the management, inspection and verification authorities
Chapter 4 Registration and calibration
Article 10. Verification of accuracy
Article 11. Applications for registration and calibration
Article 12. Registration and calibration documentations
Article 13. Verification period
Article 14. Continuance of verification certificate
Article 15. Registration and verification fees and fines
Article 16. Principles of verification
Article 17. Permissible errors
Article18. Types of verification
Article 19. Accuracy verification
Chapter 5 Restrictions
Article 20. Restrictions for Business Operators
Article 21. Restrictions for officers and verification authorities
Article 22. Restrictions for Individuals and Organizations
Chapter 6 Policies towards Persons with Outstanding Performance And Measures Against Violators
Article 23. Policies towards persons with outstanding performance
Article 24. Measures against Authority Officers
Article 25. Other Measures against Violators
Chapter 7 FINAL PROVISIONS
Article 26. Implementation
Article 27. Effectiveness
LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
Ministry of Science and Technology No: 1397 /MoST
Vientiane Capital, date: 27 DEC 2016
Decision of
The Minister of Science and Technology
on Road Fuel Tankers Management in Lao PDR
- Pursuant to The law on Metrology Law, No: 36/NA, dated 13 Dec 2013;
- Pursuant to Decrees of The Prime minister on implementation and performance of Ministry of Science and Technology, No: 309/PM, dated 28 Sep 2011;
- Upon the proposal of the Department of Standardization and Metrology, No: 2041/MoST-DoSM, dated 08 Sep 2016.
The Minister of Science and Technology
Decided:
Article 1. Objective
This Decision defines policies, principles, regulations, and measures, to manage the implementation of individual and organizations that operate the business, services and consume road fuel tankers in Lao PDR. To ensure the unity, accuracy and transparency to the benefits of business operators, suppliers and consumers, which aim to secure the justice, safety in order to support and promote more and more business operators and investors in this activities.
Article 2. Fuel road tanker
Road fuel tanker is a kind of vehicle that designs specifically to contain fuel (gas), to use in transport for producers, distributors and gas stations.
Article 3. Explanations
The vocabularies in this decision shall be meant as followed:
1. Defined containing volume means the amount of containing under the conditions of operation and reference temperature;
2. Total containing volume is the real amount of fuel containing in a tank under the conditions of operation and reference temperature;
3. Expanded containing volume is an error between the total containing volume and defined containing volume;
4. Calibration is an operation of defining the real containing volume of the fuel in a tank in the different level for marking.
5. Vertical measured axle is a vertical line that defines level marking of the volume;
6. Reference point “P” is a dot on vertical measured axle (P), according to the height that measures from edge of a tank;
7. Reference height “H” is a distance that can measures by vertical measure (H) between reference point “P” and lowest edge of vertical measured axle and in side of the tank or on dip plate (Annex 01);
8. Agility of tank in “H” distance is a distanced exchange of volume level “h” divided by changing of volume that conforms with it, V/V for containing volume V that complies to the height “h” (Annex 01);
9. Height “C” is the distance between surface of the liquid and reference “P”, that can measure from the vertical measured axle “V” (Annex 01);
10. Calibration board is a board that displays the maths calculation V(h) and as well as V(C) showing the relationship between the height h ( and height “C”) and volume “V” (which are not depending on the changing).
Article 4. Scope of Application of the Decision
This Decision is applied to the business operators, suppliers and consumers that use all kind of road fuel tankers in Lao PDR.
Chapter 2
Rights and Obligations
Article 5. Rights of the business operators, suppliers and consumers of road fuel tankers
A. Rights of the business operations consist of:
1. Verified road fuel tankers can be advertised and announced the quality of volume when it conforms to this Decision to promote their services;
2. To request for justice whenever the verification of road fuel tanker is not fair;
3. To exercise other rights as prescribed by regulations and law.
B. Rights of the consumers include as followed:
1. To choose freely the good quality of fuel road tankers that have been verified accuracy;
2. To complain to related authorities whenever service is unfair and non-conformed to this Decision;
3. To exercise other rights as prescribed by regulations and relevant law.
Article 6. Obligations of Business Operators, suppliers and consumers of road fuel tankers
A. Obligations of business operators and suppliers consist of:
1. To follow the regulations of road fuel tankers management as defined;
2. All road fuel tankers shall be registered and verified before use;
3. To be responsible for all damages caused by your fuel road tankers;
4. To collaborate and facilitate to the authority officers or organizations while verifying each time;
5. To exercise other obligations as prescribed by regulations and law.
B. Obligations of consumers include as followed:
1. To provide an information to the related authorities about fuel road tankers;
2. To follow the regulations of road fuel tankers management;
3. To exercise other obligations as prescribed by regulations and law.
Chapter 3
Management, inspection and verification
Authorities of the Road Fuel Tankers
Article 7. Management, inspection and verification authorities
Management, inspection and verification authorities are department of Standardization and Metrology, division of Science and Technology provincials, Vientiane capital as assigned by hierarchy management.
Article 8. Rights of the management, inspection and verification authorities
1. To manage the inspection and verification system to conform to the standards, national regulations, regional and international requirements as defined;
2. To issue the verification certificate of accuracy for road fuel tankers after inspection correctly according to the standards;
3. Ordinarily plan for inspection and verification of road fuel dispensers is once a year, but not include emergency or requested cases;
4. Unconformity to the national, regional and international standards after inspection shall be collaborate with related sectors to discontinue the services temporary to inform to the hierarchy management for consideration.
Article 9. Main duties of the management, inspection and verification authorities
1. To collaborate with relevant sectors for inspection and verification the road fuel tankers to conform with the national and regional standards;
2. Justice, transparency, equality and purity on their duties;
3. To specify clearly the implementing duration for inspection and verification of road fuel tankers to manufacturers, importers and suppliers;
4. To give suggestion to manufacturers, importers and suppliers on the process of the registration for inspection and verification the road fuel tankers;
5. To maintain and provide information to the relevant sectors on inspection and verification of road fuel tankers;
6. Implementation of inspection and verification of fuel dispensers shall be informed to the relevant and hierarchy management;
7. Only road fuel tankers that pass the inspection shall be issued the certification of verification;
8. To exercise other duties as prescribed by regulations and relevant law.
Chapter 4
Registration and calibration
Article 10. Verification of accuracy
Individuals and organizations that launch the business about all kinds of road fuel tankers in Lao PDR, the road fuel tankers shall be registered and verified before using by Department of Standardization and Metrology, Division of Science and Technology provincials and Vientiane capital.
In the case of individuals that provide road fuel tankers, all road fuel tankers shall be verified the technical system completely by any fuel companies or related organizations.
Article 11. Applications for registration and calibration
Individuals and organizations that own all kinds of road fuel tankers in Lao PDR can apply the registration and calibration application to Department of Standardization and Metrology, Division of Science and Technology provincials and Vientiane capital.
Article 12. Registration and calibration documentations
Registration document for a road fuel tanker consists of:
1. Application form;
2. Registration form;
3. Motor vehicle registration;
4. Copy of Business operation document.
Registration for road fuel tanker is issued at once without expired date.
Article 13. Verification period
Verification period is defined one year, since the date of verification is issued.
Article 14. Continuance of verification certificate
Individuals and organizations that provide service about road fuel tankers, their vehicles shall be verified within 30 days before the expired date of previous verification. Unless, they will be fined as defined in Article 15 point 2 and to be verified according to the regulations (in the case of discontinuous of road fuel tankers shall be informed to the relevant authority).
Article 15. Registration and verification fees and fines
Road fuel tankers shall be charged for fees, services and fines as followed:
1. Calibration and verification Fees shall be referred to the Ordinance of the President on Fees and Service Charges of Metrology Activity that issue each time;
2. Fines shall be referred to The Decree of The Minister on The fines and Measures for Violators of Standards and Metrology Laws.
Article 16. Principles of verification
Operation principles of verification includes:
1. Verification operation each time, authority officers shall inform the ID cards issued by Department of Standardization and Metrology, Division of Science and Technology Provinces, Vientiane Capital as assigned;
2. Verification certificates shall be issued after the road fuel tankers verified correctly and shall be done between verified officers and road fuel tanker owner. Verified officers will mark volume level on the vertical shaft after verification correctly, then record the relevant information on sticker and post on the tanker as below details:
- Verification No.;
- Place and date of verification:
- Expired date.
For road fuel tankers that use a plate for measuring the volume level of fuel contained, code numbers shall be stamped on this plate by Department of Standardization and Metrology.
Article 17. Permissible errors
Maximum permissible errors of verification include as followed:
- Equal to ± 0.2 % of defined volume;
- Equal to ± 0.2 % of measured volume (including permissible errors of verification, define the level of liquid, measurements of temperature, density, pressure and measuring equipment).
Article18. Types of verification
Verification of road fuel dispenser include 02 types as followed:
1. Regular verification plan shall be implemented once a year;
2. Emergency and requested verification.
Regular verification plan is a measurement that implements according to regular plan and specific time.
Emergency and requested verification is an urgent measurement without informing in advance.
Article 19. Accuracy verification
Verified road fuel tankers can be repaired during the verification certificate is not expired, but they have to inform the verification authorities of Ministry of Science and Technology or Division of Science and Technology, provinces, Vientiane capital as assigned. In the case of an offence, as provide in this Decision or in the Article 18 and 24 as any cases and they shall be re-verified according to the regulation.
Article 20. Restrictions for Business Operators
Restrictions for Business Operators about all kinds of road fuel tankers consist of:
- To cheat, forge and adjust any measuring equipment relevant to road fuel tankers without permission from Ministry of Science and Technology or Division of Science and Technology, provinces, Vientiane capital as assigned;
- To interrupt the performances of metrology verification and inspection authorities; To bribe and consort with inspection authorities;
- To duplicate the certified document related to road fuel tankers.
Article 21. Restrictions for officers and verification authorities
Restrictions for officers and verification authorities of road fuel tankers implement as followed:
1. Authority officers shall perform their verification strictly;
2. To perform injustice and prejudice against individuals or organizations;
3. To bribe and use their duties for personal, family and relatives benefit;
4. To force, threaten and bully other concerning person;
5. To forge, hold back and delay the documents of verification;
Article 22. Restrictions for Individuals and Organizations
Restrictions for Individuals and Organizations perform as followed:
1. To interrupt and interfere the performance of verification authority officers;
2. To collaborate, assist and hide the violators that concerns to the regulations or this Decision.
Chapter 6
Policies towards Persons with Outstanding Performance
And Measures Against Violators
Article 23. Policies towards persons with outstanding performance
Individuals and organizations with outstanding performance in cooperation, implementation the regulation, law or this Decision will receive the rewards or other policies as defined by regulations.
Article 24. Measures against Authority Officers
Authority officers who interrupt or violate this Decision shall be punished as following: education, removal, imposition or dismiss, and other measures as provided by Chapter 8 of Penal Law, in any cases and other relevant regulations and law.
Article 25. Other Measures against Violators
Individuals and organizations that violate this Decision shall be warned and subject to educational or disciplinary, fines, penal measures, compensations or punishment as any cases.
Article 26. Implementation
Department of Standardization and Metrology, related departments and equivalent organizations are assigned to organize strictly and realistically implement this decision.
Article 27. Effectiveness
This Decision comes into effect on the date of its signing and after posting on Lao Official Gazette for 15 days. This Decision is replaced The Decision on registration and Pre-package Management, No: 366/PM.NAST, dated 19 Feb 2017.
All registrations that are incompliant with this Decision must be cancelled.
Minister of Science and Technology
(Signed and Sealed)
Borviengkham Vongdala
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