Short answer: “Opening a petrol station” legally means opening a petroleum retail store — which requires a Certificate of eligibility for petroleum retail stores issued by the Department of Industry and Trade (Articles 24–25 of Decree 83/2014/ND-CP, as amended by Decrees 08/2018, 95/2021 and 80/2023). Three core conditions: the store is owned or leased for 05 years or more; design and equipment meet the national technical standards for petrol-station design and assure fire safety and environmental protection; managers and staff hold fire-safety and environmental protection professional certificates.
Update note: a draft decree replacing Decrees 83/2014, 95/2021, 80/2023 on petroleum trading is in progress (the Ministry of Industry and Trade held a broad consultation on 30/9/2026, with promulgation expected in October 2026). As checked on 14/10/2026, the new decree has not been recorded as promulgated — this article follows the current framework; before applying it to a real dossier, you must recheck whether the new decree has taken effect.
1. Legal framework in force as of 14/10/2026
- Decree 83/2014/ND-CP (03/9/2014, effective 01/11/2014) — the original framework;
- Decree 08/2018/ND-CP (effective 15/3/2018) — amending Decree 83/2014;
- Decree 95/2021/ND-CP (01/11/2021, effective 02/01/2022) — amending Decree 83/2014 (Article 1.20 amending Article 25; Article 19 on retail agents);
- Decree 80/2023/ND-CP (17/11/2023, effective the same day) — amending Decrees 95/2021 and 83/2014 (most recent amendment);
- Circular 38/2014/TT-BCT (24/10/2014) — amended by Circulars 17/2021/TT-BCT and 18/2025/TT-BCT (13/3/2025);
- Decree 99/2020/ND-CP — administrative sanctions in oil and gas, petroleum and gas trading (validity to be verified; verify fine levels against the original text — this article cites no figures).
2. Four trader tiers in the petroleum chain
The law distinguishes four tiers, each with its own paper issued by a different level:
- Focal traders — the Ministry of Industry and Trade issues the license for petroleum import/export trading;
- Distributors — the Ministry issues the Certificate of eligibility as a petroleum distributor (Article 13, amended by Article 1.10 of Decree 95/2021 and Article 1.3 of Decree 80/2023);
- General agents / retail agents — the Department of Industry and Trade issues the Certificate of eligibility as a petroleum retail agent (Article 19, amended by Decree 95/2021);
- Retail stores — the Department issues the Certificate of eligibility for petroleum retail stores (Articles 24–25).
A conventional petrol station sits at the fourth tier. Acting as an agent for a focal trader/distributor additionally engages Article 19 and the distribution-system registration under Article 21 (see sections 6–7).
3. Retail store conditions (Article 24, amended by Decrees 08/2018 and 95/2021)
Only three conditions remain in force:
- The store is owned or leased for 05 years or more by the trader — the applicant must be named on the certificate;
- It is designed, built and equipped in line with the national technical standards on petrol-station design requirements, assuring fire safety and environmental protection as prescribed;
- Managers and directly-trading staff are trained and hold professional certificates in fire safety and environmental protection as prescribed.
Important: the “conformity with planning” condition has been abolished — only the three conditions above apply. A site lease shorter than 05 years fails at the appraisal stage.
4. Dossier and issuance procedure
Dossier — Article 25.2 (amended by Article 1.20 of Decree 95/2021): application in Form No. 3 of the Appendix; copy of the Enterprise Registration Certificate; equipment list and documents proving the store’s construction legality; copies of managers’/staff professional training certificates; the petroleum supplier’s confirmation of supply; documents proving ownership or a 05-year-or-longer lease of the store.
Procedure and timeline — Article 25.3: file one set with the Department of Industry and Trade; where the dossier is incomplete, the Department requests supplementation within 07 working days; the Certificate (Form No. 4) is issued within 20 working days of receipt of a complete, valid dossier; refusals must be answered in writing with reasons stated.
Certificate term: 05 years from the new issuance date (Article 25.4). On expiry → prepare a dossier as for a new issuance and file with the Department 30 days before expiry. The Department may revoke the Certificate where: business is suspended for 01 month or more; bankruptcy; the Article 24 conditions are no longer met; repeated or repeat violations on traded petroleum quantity or quality.
5. Becoming a petroleum retail agent (Article 19, amended by Decree 95/2021)
An enterprise is granted the Certificate of eligibility as a petroleum retail agent by the Department of Industry and Trade where: it is an enterprise with petroleum trading registration; it has a petroleum retail store owned or leased for 05 years or more that has already been granted the store eligibility Certificate; managers and staff hold fire-safety and environmental professional certificates. In short, you must first have a certified store — there is no “agent first, station later” route.
6. Distributors and distribution-system registration
Distributors — Article 13 (amended by Article 1.10 of Decree 95/2021 and Article 1.3 of Decree 80/2023), certified by the Ministry of Industry and Trade where: the enterprise has petroleum trading registration; warehouses/tanks of 2,000 m³ or more owned or leased for 05 years or more; petroleum transport means owned or leased for 05 years or more; a testing laboratory; a distribution system across 02 or more provinces/cities comprising at least 05 retail stores owned or leased for 05 years or more (including at least 03 owned stores) plus at least 10 stores owned by retail agents or franchisees already granted Certificates; staff with fire-safety/environmental certificates.
Distribution-system registration — Article 21 (amended by Decree 80/2023): retail agents register their distribution system with the Department of Industry and Trade of the locality where the system operates, and send the information to the franchising party.
7. Practical risks and recommendations
- Identify the right tier: a plain retail station → store Certificate (Department); acting as agent → additional agent Certificate; distributing → Ministry-level conditions with 2,000 m³ storage and a multi-province system — the wrong tier means the wrong entire dossier;
- Lease of 05+ years: check the remaining lease term before filing; a short lease with “extension later” is not accepted;
- Staff certificates: complete fire-safety/environmental training and certification for managers and directly-trading staff before filing;
- Recheck the newest text: the replacement draft decree may rewrite all conditions, authorities and procedures — before launching a project, verify whether the new decree has been promulgated and taken effect (not recorded as of 14/10/2026). This article does not cite any transitional document number because sources disagree;
- “Petroleum trading” after Law 24/2026/QH16: under the published lists, the sector will most likely remain conditional (the removal lists mention only “petroleum activities” and “gas trading”) — but verify the official list before asserting this.
Frequently asked questions
What license is needed to open a petrol station?
The Certificate of eligibility for petroleum retail stores from the Department of Industry and Trade (Articles 24–25 of Decree 83/2014).
Can I open a station on a 3-year site lease?
No. The store must be owned or leased for 05 years or more.
How long does issuance take?
20 working days from the Department’s receipt of a complete, valid dossier; supplementation requests (if any) within 07 working days.
How long is the Certificate valid?
05 years from the new issuance date; file for renewal as for a new issuance, 30 days before expiry.
What about becoming a petroleum agent?
First obtain the store Certificate, then apply for the Certificate of eligibility as a petroleum retail agent from the Department (Article 19) and register the distribution system (Article 21).
Legal sources cited
- Decree 83/2014/ND-CP (03/9/2014, effective 01/11/2014).
- Decree 08/2018/ND-CP (effective 15/3/2018).
- Decree 95/2021/ND-CP (01/11/2021, effective 02/01/2022).
- Decree 80/2023/ND-CP (17/11/2023, effective the same day).
- Circular 38/2014/TT-BCT (24/10/2014); amended by Circulars 17/2021/TT-BCT and 18/2025/TT-BCT (13/3/2025).
- Decree 99/2020/ND-CP — administrative sanctions in oil and gas, petroleum and gas trading.
Planning to open a petrol station, become a retail agent or register a petroleum distribution system in Vietnam? Reach us via the Contact page of FLAT Law Firm.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.