THE GOVERNMENT
Decree No. 97/2013/ND-CP dated August 27, 2013 of the Government on providing the sanctioning of administrative violations in the fields of petroleum, gasoline trading, and liquified petroleum gas trading
Pursuant to the Law on Organization of Government dated December 25, 2001;
Pursuant to the Law on sanctioning administrative violations dated June 20, 2012;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to the July 06, 1993 Petroleum Law; the June 09, 2000 Law Amending and Supplementing a Number of Articles of the Petroleum Law, and June 03, 2008 Law Amending and Supplementing a Number of Articles of the Petroleum Law;
Pursuant to the Price Law dated June 20, 2012;
Pursuant to the Law on Product and Goods Quality dated November 21, 2007;
At the request of Minister of Industry and Trade;
The Government promulgates Decree providing for the sanctioning of administrative violations in the fields of petroleum, gasoline trading, and the liquefied petroleum gas trading,
Chapter 1.
GENREAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides for administrative violations, sanctioning forms and levels, remedial measures applied to administrative violations; competence of making the administrative violation minutes and competence of sanctioning administrative violation, for administrative violations in the fields of petroleum, gasoline trading, and liquified petroleum gas trading.
2. Administrative violations specified in this Decree include:
a) Violation of the regulations on prospecting, exploration and exploitation of petroleum;
b) Violation of the regulations on safety, security and environment in the petroleum field;
c) Violation of the regulations on reporting regime, disclosure of information and other regulations in the state management of the petroleum field;
d) Violation of the regulations on conditions for gasoline trading;
dd) Violation of the regulations on gasoline trading;
e) Violation of the regulations on conditions for trading in liquified petroleum gas (hereinafter liquified petroleum gas is abbreviated as LPG);
g) Violation of the regulations on production of, export and import of, and trading in LPG; violation of the regulations on LPG bottle and bottled LPG;
h) Violation of the regulations on filling and supplying LPG;
i) Violation of the regulations on production of, repair of, and test of LPG bottle;
3.Other administrative violations in fields of petroleum, gasoline trading and LPG trading not provided for in this Decree shall be applied the Government’s Decrees providing for administrative sanction in relevant fields for sanction.
Article 2. Subject of application
1. Vietnamese individuals and organizations conducting administrative violations specified in this Decree.
2. Foreign individuals and organizations conducting administrative violations specified in this Decree in Vietnam’s territory.
3. Persons competent to examine, make minutes of administrative violations, apply preventive measures and ensure handling of administrative violations, sanction administrative violations specified in this Decree.
4. Other individuals, organizations relating to sanction of administrative violations.
Article 3. Interpretation of terms
1. “Organizations” as prescribed in this Decree include economic organizations and other organizations relating to sanction of administrative violations.
2. “Economic organizations” include enterprises operating under the enterprise law dated November 29, 2005, the Investment Law dated November 29, 2005; cooperatives andcooperativeunions established under the Law onCooperatives dated November 26, 2003; credit institutions established under the Law on credit institutions dated June 16, 2010; insurers established under the Law on insurance business dated December 09, 2000; other economic organizations under law and economic units affiliated economic organizations mentioned above.
3. "Individuals” as prescribed in this Decree include business households which must register business as prescribed by law.
Article 4. Application of fine level in administrative sanction
1. The fine levels for violations specified in this Decree are fine levels applied to individuals, including cases prescribed that subjects conducting acts of violations are organizations.
2. In case where organizations conduct violations specified in this Decree, the fine levels applied to organizations will be twice as the fine levels for individuals.
Chapter 2.
ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN PETROLEUM DOMAIN
SECTION 1. VIOLATION OF THE REGULATIONS ON PROSPECTING, EXPLORATION AND EXPLOITATION OF PETROLEUM
Article 5. Violation of the regulations on prospecting and exploration of petroleum
1. A fine between VND 5,000,000 and 10,000,000, for failing to elaborate respective annual working plans to be sent to competent agencies or organizations in each period under commitments in petroleum contracts regarding the time limits, contents of work and finance.
2. A fine between VND 100,000,000 and 150,000,000, for failing to submit to competent agencies documents and samples collected in the drilling process.
3. A fine between VND 150,000,000 and 200,000,000, for prolonging the prospecting and exploration time without permission of competent agencies.
4. A fine between VND 200,000,000 and 250,000,000, for drilling outside the areas of petroleum contracts without permission of competent agencies.
5. A fine between VND 250,000,000 and 300,000,000, for detaining the area found with commercial gas without permission of the Prime Minister.
6. A fine between VND 300,000,000 and 400,000,000, for conducting petroleum prospecting or exploration when the petroleum contracts have not yet been approved by competent authorities.
7. A fine between VND 400,000,000 and 500,000,000, for conducting petroleum prospecting or exploration in the restricted or temporarily restricted areas as announced by the State.
8. A fine between VND 900,000,000 and 1,000,000,000, for encroaching upon territorial waters, contiguous zones, exclusive economic zones or the continental shelf of the Socialist Republic of Vietnam for the purpose of prospecting and exploring petroleum.
9. The additional sanctioning forms:
a) Confiscation of material evidences and means used to commit administrative violations specified in Clause 4, Clause 6 and Clause 7 of this Article;
b) Expelling from territory of the Socialist Republic of Vietnam, for foreigners conducting violations in Clause 8 of this Article.
Article 6. Violation of the regulations on oil pool development and petroleum exploitation
1. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) Failing to elaborate respective annual working programs to be sent to competent agencies or organizations;
b) Failing to keep books with records on the measurement and the equipment measuring the total flow or the equipment checking the flow according to regulations.
2. A fine between VND 80,000,000 and 100,000,000, for one of the following violations:
a) Apportioning oil output exploited from a group of wells of an oilfield by proportioning each well not according to the flow division and the approved apportionment process;
b) Failing to adjust and keep adjusting all equipment used to measure the total flow, water and gas according to periodical standards and regimes already approved by competent agencies or organizations;
c) Conducting well repair or treatment in order to increase the flow of products without the approval of competent agencies or organizations;
d) Exploiting petroleum from two seams or more with the same pipeline or well-bore without separately measuring the flow of each seam and without the approval of competent agencies or organizations;
dd) Failing to measure the total flow of product-bearing seams and determine the accumulation of each seam when concurrently exploiting several seams as approved.
3. A fine between VND 100,000,000 and 150,000,000, for one of the following violations:
a) Exploiting petroleum with an output which reduces the pressure of a seam to a level lower than that already approved by competent agencies or organizations according to regulations.
b) Failing to strictly observe the regulations on safety valve of well-bore;
c) Failing to consolidate fields according to regulations;
d) Failing to re-calculate petroleum reserves under the provisions of law;
dd) Failing to properly implement the regulations on measurement or survey of seam pressure;
e) Failing to properly implement the regulations on collection and analysis offluid samples;
g) Failing to properly implement the regulations on exploitation and anti-exploitation pipelines;
h) Failing to keep wellheads and Xmas trees in accordance with law;
i) Pumping fluids into seams within a network of pressurized pumping wells and seams other than that already approved;
k) Failing to follow the process of burning and discharging associated gas;
l) Exploiting petroleum in excess of the volume permitted for burning or abandonment by competent agencies or organizations in the course of testing wells;
m) Exploiting associated gas when the oil and gas ratio is higher than the approved limit without the approval of competent agencies or organizations.
4. A fine between VND 150,000,000 and 200,000,000, for one of the following violations:
a) Not responding to the Vietnamese Government s request for the sale of crude oil on the Vietnamese market;
b) Failing to abide by the master plans and plans on oil and gas pool development, which have been approved by competent agencies or organizations.
5. A fine between VND 200,000,000 and 250,000,000, for one of the following violations:
a) Conducting oil pool development and petroleum exploitation when the field development plans have not yet been approved by competent agencies;
b) Exploiting petroleum outside the contractual areas without permission of competent state agencies.
6. A fine between VND 250,000,000 and 300,000,000, for act of conducting petroleum prospecting or exploration in the restricted or temporarily restricted areas as announced by the State.
7. A fine between VND 900,000,000 and 1,000,000,000,for acts of encroaching upon territorial waters, contiguous zones, exclusive economic zones or the continental shelf of the Socialist Republic of Vietnam for the purpose of exploiting petroleum.
8. The additional sanctioning forms:
a) Confiscation of material evidences and means used to commit administrative violations specified in point c, point d Clause 2; Clause 5, Clause 6 and Clause 7 of this Article;
b) Expelling from territory of the Socialist Republic of Vietnam, for foreigners conducting violations in Clause 7 of this Article.
Article 7. Violation of the regulations on activities in completion of petroleum prospecting, exploration and exploitation projects
1. A fine between VND 80,000,000 and 100,000,000, for act of failing to submit to competent state management agencies programs, plans and cost estimates for the dismantlement of fixed works in service of petroleum prospecting, exploration and exploitation according to regulations.
2. A fine between VND 150,000,000 and 200,000,000, for one of the following violations:
a) Dismantling fixed works in service of petroleum prospecting, exploration and exploitation when programs, plans, cost estimates for dismantlement of such works have not yet been approved by competent state management agencies.
b) Failing to dismantle fixed works in service of petroleum prospecting, exploration and exploitation under the programs, plans, cost estimates for dismantlement of such works already approved by competent state management agencies.
c) Failing to strictly observe the regulations on preservation and abandonment of wells;
3. Remedial measures
Forcible dismantlement of works or restoration of initial state according to regulations, for violations in Point b and point c Clause 2 of this Article.
SECTION 2. VIOLATION OF REGULATIONS ON SAFETY, SECURITY AND ENVIRONMENT IN THE PETROLEUM FIELD
Article 8. Violation of the regulations on petroleum safety and security
1. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Planting perennial trees within safety corridors of petroleum works on land;
b) Obstructing the illegal implementation of prospecting, exploration, exploitation and transport of petroleum.
2. A fine between VND 100,000,000 and 150,000,000, for one of the following violations:
a) Failing to establish a safety corridor around petroleum works under regulations of competent agencies;
b) Using pressure or fireproof cylinders which are designed or installed in contravention of the provided standards;
c) Failing to properly implement regulations on checking valves and sensors;
d) Using a system of treating equipment, separators, pressure cylinders, mechanical pumps, compressors, pipelines, manifolds, wellheads and other petroleum-exploiting tools without a safety protection system for them;
dd) Failing to install valves for emergency closure at wellheads and Xmas trees or using those valves not up to the prescribed standards;
e) Failing to strictly comply with regulations on the distance between diesel engines installed on land;
g) Using offshore exploitation works when the system of pipelines and related equipment are designed and installed in contravention of regulations;
h) Failing to connect back pressure valves and equipment to treat liquid hydrocarbon with mud tankers or containers or cisterns with rubber casings which are large enough to contain the largest volume of liquid which may flow out before the whole system is safely shut up;
i) Failing to install alarming devices to warn off all people on the site of works in circumstances which may cause dangers to humans or works or are harmful to the natural environment according to regulations;
k) Failing to make report on assessment by quantitative method for risks to do as basis for determining safe distance to submit to competent agencies according to regulations.
3. A fine between VND 150,000,000 and 200,000,000, for one of the following violations:
a) Building works, using bare fire, heat-emitting or fire-igniting equipment or conducting other activities within the safety corridors of petroleum works on land which cause harms to those works;
b) Illegally anchoring ships or boats within 2 nautical miles from the outer edge of an offshore platform;
c) Illegally encroaching upon or conducting any activities in the petroleum safety areas of offshore platforms without permission of the Prime Minister.
4. A fine between VND 200,000,000 and 250,000,000, for one of the following violations:
a) Failing to establish or maintain a system to control safety in the process of operation, from designing, construction, trial run, operation, exploitation and dismantlement of works;
b) Failing to elaborate an emergency response plan to submit to competent authorities for approval;
c) To make an emergency response plan not suitable to the national emergency response system.
5. The additional sanctioning forms:
Confiscation of material evidences and means used to commit administrative violations in petroleum activities, for violations specified in point b Clause 2 and point c Clause 3 of this Article.
6. Remedial measures
Forcible dismantlement of illegal construction works, for violations specified in Point a, and c Clause 3 of this Article.
Article 9. Violation of the regulations on response to oil spills
Violations of the regulations on response to oil spills shall be imposed according to the Government’s regulations on handling of violations in environmental protection.
Article 10. Violation of the regulations on safety of gas pipelines on land
1. A fine between VND 10,000,000 and 20,000,000, for mining, exploiting stones within the scope of an affecting area, determined from the boundary of the safety corridor to the boundary of the affecting area.
2. A fine between VND 40,000,000 and 60,000,000, for one of the following violations:
a) Failing to properly implement the regulations on the pipe thickness;
b) Failing to properly implement the regulations on the depth of underground pipelines;
c) Failing to properly implement the regulations on designing and building of new pipelines;
d) Changing designing criteria without permission of competent state agencies;
dd) Having no safety management programs for each stage of the construction, testing and trial operation process;
e) Failing to formulate procedures and processes for operation and maintenance of pipelines;
g) Failing to periodically recalculate the maximum operation pressure in accordance with the provisions of law;
h) Failing to make plans on maintenance or organize inspection and repair of damage;
i) Failing to organize the archive of information and data on operation, accidents, incidents, losses as well as information on survey, repairs, patrols, results of technical expertise, records on handling of violations and remedies;
k) Failing to maintain signboards of pipelines where notice boards, warning boards and landmark stakes are required;
l) Having no design plans and construction methods approved by competent authorities for areas crossing the stretch of pipelines or safety corridors of pipelines.
3. The additional sanctioning forms:
Confiscation of material evidences and means used to commit administrative violations specified in Clause 1 of this Article;
Article 11. Violation of the regulations on environmental protection
1. A fine between VND 5,000,000 and 10,000,000, for having no person in charge of environmental protection.
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Failing to properly observe regulations on recording and reporting on the state of the physical environment;
b) Failing to properly implement the regulations on water exploited from seams;
3. A fine between VND 80,000,000 and 100,000,000, for act of using drilling solutions, toxic or dangerous chemicals without permission of competent state agencies.
4. The additional sanctioning forms:
Confiscation of material evidences and means used to commit administrative violations specified in Clause 3 of this Article;
5. Remedial measures
Forcible implementation of measures to remedy environmental pollution, for violations specified in Point b Clause 2 and Clause 3 of this Article;
SECTION 3. VIOLATION OF THE REGULATIONS ON REPORTING REGIME, SUPPLY OF INFORMATION AND OTHER REGULATIONS IN PETROLEUM
Article 12. Violation of the regulations on report and supply of information
A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
1. Failing to notify the accumulation-appraisal results according to regulations.
2. Failing to register the value of approved petroleum reserves according to regulations;
3. Failing to report on the results of measuring exploitation indices in well-bore according to regulations.
4. Failing to periodically report on exploitation output, composition, proportion of petroleum exploited from each mine and by each exploiter according to regulations;
5. Failing to send contents related to commercial gas meters according to regulations.
6. Failing to report on documents related to the process, equipment and people in charge of repairing wells or treatment to increase product flow according to regulations.
7. Failing to send reports on petroleum reserves according to regulations.
8. Failing to fully and promptly report on the threats which may affect safety of gas pipes for works in the affected areas according to regulations.
9. Failing to report when burning or destroying oils to cope with emergency cases according to regulations.
10. Failing to send to competent state agencies one of the following documents according to regulations:
a) Annual and long-term schemes and plans on petroleum activities;
b) Quarterly and annual sum-up reports on petroleum activities and their results;
c) Reports on the execution of economic and technical projects on petroleum activities;
d) And reports on important events and incidents related to petroleum activities.
Article 13. Violation of the regulations on supplying documents for petroleum examination and inspection
A fine between VND 20,000,000 and 30,000,000, for failing to supply documents or supply insufficient documents, obstructing activities of examination and inspection on petroleum of persons on duty and competent state management agencies.
Chapter 3.
ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN GASOLINE TRADING
SECTION 1. VIOLATION OF THE REGULATIONS ON CONDITIONS FOR GASOLINE TRADING
Article 14. Violation of the regulations on conditions for petrol and oil export and import trading
1. A fine between VND 30,000,000 and 50,000,000, for one of the following violations:
a) Exporting, importing gasoline while the certificate of business registration does not register gasoline business;
b) Exporting, importing gasoline while the license of trading in petroleum export and import is expired;
c) Using license of trading in gasoline export and import which has been erased or modified;
d) Leasing, lending or renting, borrowing license of trading in gasoline export and import;
dd) Forging license of trading in gasoline import or export or using a forged one.
2. A fine between VND 50,000,000 and 80,000,000, for one of the following violations:
a) Having a pier which fails to satisfy prescribed requirements;
b) Having a depot for imported gasoline which fails to satisfy prescribed requirements;
c) Having gasoline transportation means which fail to satisfy prescribed requirements;
d) Having a gasoline distribution system which fails to satisfy prescribed requirements;
dd) Having jet fuel filling equipment which fails to satisfy prescribed requirements;
3. A fine between VND 80,000,000 and 100,000,000, for one of the following violations:
a) Having no special-use pier;
b) Having no depot for imported gasoline;
c) Having no special-use gasoline transportation means;
d) Having no gasoline distribution system;
dd) Having no jet fuel filling equipment.
4. The additional sanctioning forms:
a) Deprivation of the right to use license for trading in gasoline import or export for from 01 month to 03 months, for the violations specified in Point d Clause 1 of this Article;
b) Confiscation of license for trading in petrol and oil import or export, for the violations specified in Point c, Point dd Clause 1 of this Article.
Article 15. Violation of the regulations on conditions forgasoline production
1. A fine between VND 30,000,000 and 50,000,000, for producing gasoline with an enterprise registration certificate containing no gasoline trading registration;
2. A fine between VND 50,000,000 and 80,000,000, for one of the following violations:
a) Production of gasoline not complying with the approved master plan;
b) Having testing or measuring laboratory which is not eligible to inspect quality of the produced petrol and oil under regulations.
3. A fine between VND 80,000,000 and 100,000,000, for one of the following violations:
a) Producing gasoline without an investment license granted by competent authorities;
b) Having no testing or measuring laboratory to inspect quality of the produced petrol and oil according to regulations.
Article 16. Violation of the regulations on trading conditions of gasoline trading general agents
1. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Trading in gasoline with an enterprise registration certificate containing no gasoline trading registration;
b) Failing to provide professional training in fire prevention and fighting and environmental protection under regulations for managers and employees directly engaged in gasoline trading.
2. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Having petrol and oil depots or tanks which fail to satisfy prescribed requirements;
b) Having a gasoline distribution system which fails to satisfy prescribed requirements;
c) Having gasoline transportation means which fail to satisfy prescribed requirements;
3. A fine between VND 30,000,000 and 50,000,000, for one of the following violations:
a) Having no gasoline depot or tank;
b) Having no gasoline distribution system;
c) Having no special-use gasoline transportation means.
4. Remedial measures
Forcible refund to the state budget of illegal profits earned from the commission of violations specified at Point a, Clause 1 of this Article.
Article 17. Violation of the regulations on trading conditions of petrol and oil retail agents
1. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) Trading in gasoline with an enterprise registration certificate containing no gasoline trading registration;
b) Failing to provide professional training in fire prevention and fighting and environmental protection under regulations for managers and employees directly engaged in gasoline trading.
2. A fine between VND 10,000,000 and 20,000,000, for having no gasoline retail store according to regulations.
Article 18. Violation of the regulations on trading conditions ofgasoline retail stores
1. A fine between VND 3,000,000 and 5,000,000, for one of the following violations:
a) Failing to provide professional training in fire prevention and fighting and environmental protection under regulations for managers and employees directly engaged in gasoline trading.
b) Using certificate of eligibility for gasoline trading which is erased or modified;
2. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) Leasing, lending or renting, borrowing certificate of eligibility for gasoline trading;
b) Locating a gasoline retail store not in the location indicated in the certificate of eligibility for gasoline trading.
3. A fine between VND 10,000,000 and 20,000,000, for act of having no equipment in a gasoline retail store as required or equipment in a petrol and oil retail store fails to satisfy standards according to regulations.
4. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Locating a gasoline retail store not in line with the master plan approved by competent authorities;
b) Trading in gasoline when certificate of eligibility for gasoline trading is expired or when it has been deprived right to use or revoked;
c) Trading in gasoline without certificate of eligibility for gasoline trading;
d) Forging certificate of eligibility for gasoline trading or using a forged certificate;
5. The additional sanctioning forms:
a) Deprivation of the right to use certificate of eligibility for gasoline trading for from 01 month to 03 months, for the violations specified in Point a Clause 2 of this Article;
b) Confiscation of certificate of eligibility for gasoline trading, for the violations specified in Clause 1 and Point d Clause 4 of this Article.
6. Remedial measures
Forcible refund to the state budget of illegal profits earned from the commission of violations specified at Point c, Clause 4 of this Article.
Article 19. Violation of the regulations on conditions for petrol and oil service provision
1. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) Providing gasoline transportation services or leasing ports or depots for gasoline receipt with an enterprise registration certificate containing no petrol and oil service trading registration;
b) Failing to provide professional training in fire prevention and fighting and environmental protection under regulations for managers and employees directly engaged in gasoline trading or those directly using means of transport.
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Having piers or depots not satisfying set requirements, for enterprises leasing ports or depots for petrol and oil receipt;
b) Having means of transport not satisfying set requirements, for enterprises providing petrol and oil transportation services.
3. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Having no special-use pier or depot, for enterprises leasing ports or depots for petrol and oil receipt;
b) Having no special-use means of transport for gasoline, for enterprises providing gasoline transportation services;
c) Transporting gasoline while cap of tank of vehicles containing petrol and oil has no lead seal according to regulations;
d) Using means of transport that are not special-use transportation means of petrol and oil for transporting gasoline, or providing the gasoline transport service.
SECTION 2. VIOLATION OF THE REGULATIONS ON GASOLINE TRADING
Article 20. Violation of the regulations on gasoline price listing and retail prices
1. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) Failing to list the gasoline retail prices or listing the gasoline retail prices improperly or unclearly, causing confusion to customers;
b) Listing the gasoline retail prices inconsistently with prices set by wholesale traders;
c) Selling gasoline not at listed prices set by wholesale traders.
2. A fine between VND 10,000,000 and 20,000,000, for act ofarbitrarilyadjusting petrol and oil retail prices not at points of time prescribed by wholesale traders.
3. The additional sanctioning forms:
Deprivation of the right to use certificate of eligibility for gasoline trading for from 01 month to 03 months, for the violations specified in point a, Point b Clause 1 and Clause 2 of this Article.
4. Remedial measures
Forcible refund to the state budget of illegal profits earned from the commission of administrative violations specified at Point b, Point c Clause 1 and Clause 2 of this Article.
Article 21. Violation of the regulations on the procedures for adjusting gasoline retail prices of wholesale traders
1. A fine between VND 60,000,000 and 80,000,000, for one of the following violations:
a) Failing to comply with regulations on orders of and procedures for registration for domestic gasoline sale prices at competent state agencies;
b) When gasoline retail prices are increased or reduced, failing to notify or send decisions on petrol and oil retail prices to units in the gasoline distribution system, before these prices become effective for application.
2. A fine between VND 80,000,000 and 100,000,000, for failing to comply with regulations on the price adjustment level and the minimum interval between two consecutive price adjustments when increasing gasoline retail prices or the maximum interval between two consecutive price adjustments when reducing petrol and oil retail prices.
3. The additional sanctioning forms:
Deprivation of the right to use license for trading in gasoline import or export for from 01 month to 03 months, for the violations specified in Clause 2 of this Article;
4. Remedial measures
Forcible refund to the state budget of illegal profits earned from the commission of administrative violations specified in Clause 2 of this Article.
Article 22. Fraud acts of using measuring devices in gasoline trading
1. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) Having no inspection certificate (inspection certificate or seal or stamp) for a petrol and oil measuring device;
b) Using an expired inspection certificate (inspection certificate or seal or stamp) for a gasoline measuring device;
c) Using an erased or modified inspection certificate (inspection certificate or seal or stamp) for a gasoline measuring device;
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Using an erroneous or broken measuring device or using measuring device not in compliance with regulations on gasoline measurement, or errors of a measuring device in excess of the permitted limit;
b)Arbitrarilyremoving a seal, lead seal, inspection seal or stamp on a measuring device without notifying such to a competent agency under regulations.
3. A fine between VND 35,000,000 and 50,000,000, for one of the following violations:
a) Using a forged inspection certificate (inspection certificate or seal or stamp) for a gasoline measuring device;
b) Failing to inspect measuring devices within the prescribed time limit at the request of a competent agency;
c) Changing the technical structure, and measuring technical characteristics of a measuring device;
d) Impacting, adjusting, repairing, replacing, adding details to or pulling out details from a measuring device to falsify the measurement result, or using other equipment to correct errors of a measuring device in excess of the permitted limit;
dd) Committing another measurement fraud in selling petrol and oil.
4. The additional sanctioning forms:
a) Deprivation of the right to use certificate of eligibility for gasoline trading for from 01 month to 03 months, for the violations specified in Point a Clause 1, Point a Clause 2, and Clause 3 of this Article;
b) Confiscation of inspection certificate (inspection certificate or stamp), for the violations specified in Point c Clause 1, Point a, Point c, Point d Clause 3 of this Article;
c) Confiscation of measuring devices and other equipment, for violations specified in Point c, Point d Clause 3 of this Article.
5. Remedial measures:
a) Forcible termination of use of violating measuring devices and forcible inspection of measuring devices before being used, for the violations specified in Clause 1, Clause 2 and Points a, b, and dd Clause 3 of this Article;
b) Forcible refund to the state budget of illegal profits earned from the commission of administrative violations specified at Point a Clause 2 and Clause 3 of this Article.
Article 23. Violation of the regulations on quality of petrol and oil in market circulation
1. A fine between 1 and 1.5 times of value of violated goods, for storing, transporting petrol and oil of quality unconformable with the national technical regulations, standards announced for application.
2. A fine between 1.5 and 2.5 times of value of violated goods, for one of the following violations:
a) Mixing additives or other substances into petrol and oil to change quality of petrol and oil or quality of petrol and oil of quality unconformable with the national technical regulations, standards announced for application;
b) Buying, selling petrol and oil of quality unconformable with the national technical regulations, standards announced for application.
c) Exporting, importing, producing, preparing petrol and oil of quality unconformable with the national technical regulations, standards announced for application.
3. The additional sanctioning forms:
a) Deprivation of the right to use certificate of eligibility for gasoline trading or license for trading in petrol and oil export and import from 01 month to 06 months, for gasoline trading stores, petrol and oil export and import enterprises violating the provision in this Article;
b) Forcible termination of gasoline trading from 01 month to 03 months, for general agents, agents, enterprises of petrol and oil service provision committing violations specified in this Article.
4. Remedial measures:
a) Forcible termination of circulation of petrol and oil without certificates of conformity with national technical regulations or failing to satisfy the prescribed quality, for the violations specified in this Article;
b) Forcible recall of entire petrol and oil volumes without certificates of conformity with national technical regulations or failing to satisfy the prescribed quality currently in market circulation, for the violations specified in this Article;
b) Forcible change of use purposes or forcible reprocessing of petrol and oil of quality unconformable with national technical regulations or standards announced for application, for the violations specified in this Article;
d) Forcible re-export or destruction of petrol and oil of quality unconformable with national technical regulations or standards announced for application, in case it is impossible to apply the measure specified at Point c, Clause 6 of this Article or for petrol and oil harmful to health, safety and the environment.
Article 24. Violation of the regulations on registration of distribution systems
1. A fine between VND 3,000,000 and 5,000,000 shall be imposed on petrol and oil retail agents conducting one of the following violations:
a) Failing to register the distribution system with a competent state management agency under regulations;
b) Committing a fraud in the declaration and registration of a distribution system.
2. A fine between VND 10,000,000 and 20,000,000 shall be imposed on petrol and oil general agents conducting one of the following violations:
a) Failing to register the distribution system with a competent state management agency under regulations;
b) Committing a fraud in the declaration and registration of a distribution system.
3. A fine between VND 20,000,000 and 30,000,000 shall be imposed on petrol and oil producers having a distribution system or petrol and oil importers or exporters conducting one of the following violations:
a) Failing to register the distribution system with a competent state management agency under regulations;
b) Committing a fraud in the declaration and registration of a distribution system.
Article 25. Violation of the regulations on buying and sellinggasolineunderdistribution systems
1. A fine between VND 10,000,000 and 20,000,000 shall be imposed on gasoline trading agents, petrol and oil retail stores buying or selling petrol and oil with entities outside their distribution systems, except the case of selling petrol and oil directly to consumers.
2. A fine between VND 20,000,000 and 30,000,000 shall be imposed on gasoline trading general agents buying or selling petrol and oil with entities outside their distribution systems, except the case of selling petrol and oil directly to consumers.
3. A fine between VND 50,000,000 and 60,000,000 shall be imposed on wholesale traders selling petrol and oil with entities outside their distribution systems, except the case of selling petrol and oil directly to industrial households and other wholesale traders.
4. The additional sanctioning forms:
a) Deprivation of the right to use certificate of eligibility for gasoline trading or license for trading in petrol and oil export and import from 01 month to 03 months, for violations specified in Clause 1 and Clause 3 of this Article, in case of violation commission for many times, repeated violation commission or recidivism or violation during the period of price stabilization;
b) Forcible termination of gasoline trading from 01 month to 03 months, for the gasoline trading general agents, agents committing violations in Clause 2 of this Article, in case of violation commission for many times, repeated violation commission or recidivism, or violation during the period of price stabilization.
Article 26. Violation of the regulations on assigning and accepting the gasoline trading general agents, agents
1. A fine between VND 10,000,000 and 20,000,000 shall be imposed on petrol and oil retail agents committing act of doing petrol and oil retail agent in excess of quantity of general agents or wholesale traders.
2. A fine between VND 20,000,000 and 30,000,000 shall be imposed on petrol and oil general agents committing one of the following violations:
a) Acting as gasoline trading general agents in excess of quantity of wholesale traders according to regulations;
b) Entering into contracts with gasoline trading agency and retail stores that are not eligible according to regulations
3. A fine between VND 30,000,000 and 40,000,000, for one of the following violations:
a) Having gasoline general agents or agents without entering into gasoline trading agency contracts under regulations, for wholesale traders;
b) Acting as gasoline trading general agents or agents without entering into gasoline trading agency contracts under regulations, for traders;
c) Entering into contracts with petrol and oil retail agency while this agent is the distribution system of other wholesale trader or general agency (the present contract has not yet been liquidated).
4. A fine between VND 40,000,000 and 60,000,000 shall be imposed on wholesale traders committing act of entering into gasoline trading general agency or agency contracts with traders unqualified for acting as gasoline trading general agents or agents under regulations;
5. The additional sanctioning forms:
Forcible termination of gasoline trading from 01 month to 03 months shall be imposed on the gasoline trading wholesale traders, general agents, agents committing violations in this Article, in case of violation commission for many times, repeated violation commission or recidivism.
Article 27. Violation of the regulations on petrol and oil transshipment or ship-to-ship transfer
A fine between VND 20,000,000 and 30,000,000, for conducting transshipment or ship-to-ship transfer of petrol and oil not at prescribed places.
Article 28. Violations of regulations on production, import, export, temporary import for re-export, border gate-to-border gate transfer, export processing of petrol, oil and their production materials
1. A fine between VND 40,000,000 and 50,000,000, for one of the following violations:
a) Petrol and oil producers, for exporting petrol and oil which they do not produce or process for export;
b) Enterprises other than petrol and oil producers, for processing petrol and oil for export;
2. A fine between VND 50,000,000 and 60,000,000 shall be imposed on importing, exporting, temporarily importing for re-export, transferring from border-gate to border-gate petrol, oil and their production materials without a petrol and oil import or export license under regulations or after the deprivation of the right to use such license or the revocation of such license;
3. A fine between VND 60,000,000 and 70,000,000 shall be imposed on wholesale traders conducting one of the following violations:
a) Importing petrol and oil of quantities and categories lower than the minimum quota and categories annually assigned by competent state management agencies;
b) Importing petrol and oil production materials beyond plans registered with competent state management agencies.
4. The additional sanctioning forms:
Deprivation of the right to use a petrol and oil import or export license from 01 month to 03 months, for the violations specified at Point a Clause 3 of this Article, in case of repeated violation commission or recidivism, or violation during the period of price stabilization.
Article 29. Violation of the regulations on reserve of petrol, oil and their production materials
1. A fine between VND 50,000,000 and 60,000,000 shall be imposed on petrol and oil producers conducting one of the following violations:
a) Maintaining a petrol and oil production material reserve level lower than the minimum level according to regulations;
b) Maintaining a petrol and oil circulation reserve level lower than the prescribed minimum level, for those having market distribution systems.
2. A fine between VND 60,000,000 and 70,000,000, for maintaining a petrol and oil circulation reserve level lower than the prescribed minimum level.
3. The additional sanctioning forms:
Deprivation of the right to use a petrol and oil import or export license from 01 month to 03 months, for the violations specified at Point b Clause 1 and Clause 2 of this Article, in case of repeated violation commission or recidivism, or violation during the period of price stabilization.
Article 30. Violation of the regulations on signboards
1. A fine between VND 5,000,000 and 10,000,000, for failing to write names or writing incorrect names of wholesale traders that supply petrol and oil on the signboards of petrol and oil retail stores.
2. A fine between VND 10,000,000 and 20,000,000 shall be imposed on wholesale traders for failing to uniformly stipulate the writing of their names on signboards of petrol and oil retail stores in their distribution systems.
Article 31. Violation of the regulations on selling petrol and oil
1. A warning or fine between VND 500,000 and 1,000,000, for one of the following violations:
a) Failing to display the selling time at their sale places;
b) Displaying the selling time unclearly or at hard-to-see places;
2. A fine between VND 1,000,000 and 2,000,000 for selling petrol and oil by mini filling columns, shake pump, barrel, bottle and other containers.
3. A fine between VND 10,000,000 and 20,000,000 shall be imposed for gasoline trading stores and agents committing one of the following violations:
a) Reducing the selling time currently displayed or applied without a plausible reason or notice to competent agencies according to regulations;
b) Failing to sell, or stopping the sale of petrol and oil without a plausible reason or notice to competent agencies according to regulations;
c) Reducing petrol and oil volumes to be sold compared to previously sold ones without a plausible reason or notice to competent agencies according to regulations;
4. A fine between VND 20,000,000 and 30,000,000 shall be imposed for petrol and oil general agents committing one of the following violations:
a) Reducing petrol and oil volumes to be sold compared to previously sold ones without a plausible reason or notice to competent agencies according to regulations;
b) Failing to sell or stopping the sale of petrol and oil without a plausible reason or notice to competent agencies according to regulations;
5. A fine between VND 50,000,000 and 60,000,000 shall be imposed on wholesale traders, enterprises affiliated wholesale traders, branches of wholesale traders, branches of enterprises affiliated wholesale traders for reducing petrol and oil volumes to be sold compared to previously sold ones without a plausible reason or notice to competent agencies according to regulations.
6. A fine between VND 60,000,000 and 70,000,000, shall be imposed on entities other than wholesale traders, petrol and oil transport service trading traders, general agents, agents, petrol and oil retail stores (except for case of buying petrol and oil in serve for production).
7. The additional sanctioning forms:
a) Confiscation of material evidences and means used to commit administrative violations specified in Clause 2 and Clause 6 of this Article.
b) Deprivation of the right to use certificate of eligibility for gasoline trading or license for trading in petrol and oil export and import from 01 month to 03 months, for violations specified in Clause 3 and Clause 5 of this Article, in case of violation commission for many times, repeated violation commission or recidivism, or violation during the period of price stabilization.
c) Forcible termination of gasoline trading from 01 month to 03 months, for gasoline trading wholesale traders, branches of wholesale traders, branches of enterprises affiliated wholesale traders, general agents, agents violating this Article, in case of violation commission for many times, repeated violation commission or recidivism, or violation during the period of price stabilization.
Article 32. Violation of the regulations on cross-border petrol and oil transportation, trading or exchange
1. A fine between VND 3,000,000 and 5,000,000, for transporting, trading in or exchanging petrol and oil cross the border in contravention of regulations, which involves a petrol and oil value of up to VND 10,000,000.
2. A fine between VND 5,000,000 and 10,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of between over VND 10,000,000 and 30,000,000.
3. A fine between VND 10,000,000 and 20,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of between over VND 30,000,000 and 50,000,000.
4. A fine between VND 20,000,000 and 30,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of between over VND 50,000,000 and 70,000,000.
5. A fine between VND 30,000,000 and 40,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of between over VND 70,000,000 and less than 100,000,000.
6. A fine between VND 40,000,000 and 50,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of VND 100,000,000 or more than and not subject to penal liability examination.
7. The additional sanctioning forms:
a) Confiscation of petrol and oil, for the violations specified in this Article;
b) Deprivation of the right to use certificate of eligibility for gasoline trading or license for trading in petrol and oil export and import from 01 month to 03 months, for wholesale traders, petrol and oil retail stores violating the provision in this Article;
c) Forcible termination of gasoline trading from 01 month to 03 months, for enterprises affiliated of wholesale traders, branches of wholesale traders, branches of enterprises affiliated wholesale traders, gasoline trading general agents, agents violating this Article.
Article 33. Violation of the regulations on trading in smuggled gasoline
Trading in smuggled gasoline shall be sanctioned according to regulations of the Government on sanctioning of administrative violations in commercial activities.
Article 34. Violation of the regulations on management of gasoline trading in border areas
1. A fine between VND 1,000,000 and 5,000,000 shall be imposed for one of the following violations involving a petrol and oil value of up to VND 10,000,000:
a) Transporting petrol and oil into a border area in contravention of regulations;
b) Trading in or exchanging petrol and oil at sea with foreign ships, boats or fishing vessels.
2. A fine between VND 5,000,000 and 10,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of between over VND 10,000,000 and 30,000,000.
3. A fine between VND 10,000,000 and 20,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of between over VND 30,000,000 and 50,000,000.
4. A fine between VND 20,000,000 and 30,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of between over VND 50,000,000 and 70,000,000.
5. A fine between VND 20,000,000 and 30,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of between over VND 70,000,000 and less than 100,000,000.
6. A fine between VND 30,000,000 and 40,000,000, for violations in Clause 1 of this Article and involving a petrol and oil value of VND 100,000,000 or more than and not subject to penal liability examination.
7. A fine between VND 5,000,000 and 10,000,000 shall be imposed for gasoline trading stores and retail agents in border areas committing one of the following violations:
a) Failing to comply with regulations on petrol and oil sale time at border areas;
b) Failing to comply with regulations on methods, norms of gasoline retail for infrequent foreign vehicles according to regulations.
8. A fine between VND 10,000,000 and 20,000,000 shall be imposed for failing to implement properly and sufficiently regulations on petrol and oil provision when providing petrol and oil for gasoline retail stores in border areas.
9. The additional sanctioning forms:
a) Confiscation of petrol and oil, for the violations specified in Clause 1 and Clause 6 of this Article;
b) Deprivation of the right to use certificate of eligibility for gasoline trading from 01 month to 03 months shall be imposed on petrol and oil retail stores committing violations specified in this Article, in case of violation commission for many times, repeated violation commission or recidivism, or violation during the period of price stabilization;
c) Forcible termination of gasoline trading from 01 month to 03 months shall be imposed on gasoline trading enterprises affiliated wholesale traders, branches of wholesale traders, branches of enterprises affiliated wholesale traders, general agents, agents violating this Article, in case of violation commission for many times, repeated violation commission or recidivism, or violation during the period of price stabilization.
Chapter 4.
ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND REMEDIAL MEASURES IN LPG TRADING
SECTION 1. VIOLATION OF THE REGULATIONS ON CONDITIONS FOR LPG TRADING
Article 35. Violation of the regulations on conditions for LPG export and import
1. A fine between VND 10,000,000 and 20,000,000, for exporting and importing LPG with an enterprise registration certificate containing no LPG export and import trading registration.
2. A fine between VND 20,000,000 and 30,000,000 shall be imposed on LPG export and import traders conducting one of the following violations:
a) The minimum quantity of LPG bottles of all kinds which are owned by traders is not sufficient according to regulations;
b) LPG bottle is not conformable with trade mark registered for protection according to regulations;
c) Having depot for LPG imported from ships or other vehicles with capacity of tank not meet the prescribed minimum level;
d) General agents, agents in the LPG distribution system failing to satisfy the business conditions according to regulations.
3. A fine between VND 30,000,000 and 40,000,000 shall be imposed on LPG export and import traders conducting one of the following violations:
a) Failing to have LPG bottle filling station according to regulations;
b) The LPG distribution system has no store or station to fill automobile with LPG, or PLG provision station according to regulations;
c) Failing to have or having insufficient quantity of LPG trading general agents, agents according to regulations;
d) Having no pier or having pier which fails to satisfy prescribed requirements;
dd) Having no depot for LPG imported from ships or other vehicles;
e) LPG bottle filling station has not yet granted Certificate of eligibility for filling up bottle with LPG according to regulations.
4. The additional sanctioning forms:
Forcible termination of activities of LPG bottle filing stations from 01 month to 03 months, for the violations specified in point e Clause 3 of this Article.
Article 36. Violation of the regulations on conditions for LPG production and processing
1. A fine between VND 10,000,000 and 20,000,000 shall be imposed on LPG production and processing traders conducting act of producing, processing LPG with an enterprise registration certificate containing no petrol and oil production and processing registration.
2. A fine between VND 40,000,000 and 50,000,000 shall be imposed on petrol and oil production or processing traders conducting one of the following violations:
a) LPG production and processing facilities do not comply with the master plan or are not approved for construction investment license by competent authorities;
b) Having LPG depot that fails to comply with the master plan or fails to satisfy the current technical regulations;
c) Having LPG depot of which total containing capacity is lower than the prescribed minimum level;
d) Having testing laboratory which is not eligible to inspect quality of LPG under regulations.
3. A fine between VND 50,000,000 and 60,000,000 shall be imposed on LPG production or processing traders conducting one of the following violations:
a) Failing to have certificate of eligibility for LPG production and processing techniques;
b) Failing to have testing laboratory to inspect quality of LPG under regulations;
c) Failing to have LPG depot.
4. The additional sanctioning forms:
Deprivation of the right to use certificate of eligibility for LPG production and processing technique from 01 month to 03 months, for violations specified in Point b and Point c Clause 3 of this Article, in case of violation commission for many times, repeated violation commission or recidivism.
Article 37. Violation of the regulations on conditions for LPG distribution traders at level I
1. A fine between VND 10,000,000 and 20,000,000, for distributing LPG with an enterprise registration certificate containing no LPG trading registration;
2. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Having LPG depot of which total containing capacity is lower than the prescribed minimum level;
b) Having LPG depot that fails to comply with the master plan or fails to satisfy the current technical regulations;
c) Not owning or co-owning LPG depot according to regulations;
d) Having LPG bottles but quantity of bottle is not sufficient compared to the prescribed minimum quantity;
dd) LPG bottle is not conformable with trade mark registered for protection according to regulations;
e) Stores selling bottled LPG, LPG general agents, agents of their system fail to satisfy the prescribed conditions;
g) LPG provision station and LPG filling station for automobile fail to satisfy the prescribed conditions;
3. A fine between VND 30,000,000 and 40,000,000, for one of the following violations:
a) Having no LPG distribution system according to regulations;
b) Having LPG distribution system but having no stores for bottled LPG sale or station for LPG provision or LPG filling station for automobile, or quantity of LPG trading general agents, agents is not sufficient compared to the prescribed minimum quantity;
c) Failing to have LPG depot;
d) Failing to have LPG bottle filling station;
d) Having LPG bottle filling station but having no Certificate of eligibility for filling up bottle with LPG.
4. The additional sanctioning forms:
Forcible termination of activities of LPG provision station, LPG filing station for automobile, LPG bottle filling station, from 01 month to 03 months, for the violations specified in point g Clause 2 and Point dd Clause 3 of this Article.
Article 38. Violation of the regulations on conditions for LPG trading general agents
1. A fine between VND 10,000,000 and 20,000,000 for one of the following violations:
a) Having no an enterprise registration certificate or business household registration certificate;
b) Trading in LPG with an enterprise registration certificate or business household registration certificate containing no LPG trading agent registration;
c) Having depot for LPG bottle and bottled LPG that is built at variance with technical regulations or fails to meet the prescribed minimum capacity;
d) The LPG distribution system has no store for bottled LPG sale or LPG filling station for automobile according to regulations;
dd) The LPG distribution system fails to have sufficient the minimum quantity of agents or has agent not eligible for trading according to regulations;
e) Failing to have agent contracts with focal LPG trading traders according to regulations.
2. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Having no depot for LPG bottle and bottled LPG;
b) Having no LPG distribution system.
Article 39. Violation of the regulations on conditions for LPG trading agents
1. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) Having no an enterprise registration certificate or business household registration certificate;
b) Trading in LPG with an enterprise registration certificate or business household registration certificate containing no LPG trading agent registration;
c) Having store for bottled LPG sale or LPG filling station for automobile which fails to be eligible for fire prevention and fighting according to regulations.
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Failing no store for the bottled LPG sale;
b) Failing to have agent contracts with focal LPG trading traders or general agents according to regulations.
Article 40. Violation of the regulations on conditions for the bottled LPG sale stores
1. A fine between VND 3,000,000 and 5,000,000, for one of the following violations:
a) Having no an enterprise registration certificate or business household registration certificate;
b) Trading in LPG with an enterprise registration certificate or business household registration certificate containing no registration of the bottled LPG sale;
c) Not being eligible for fire prevention and fighting according to regulations.
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Trading in LPG without certificate of eligibility for trading in LPG, or with an expired certificate of eligibility for trading in LPG, or in case where certificate of eligibility for trading in LPG has been deprived or revoked;
b) Leasing, lending or renting, borrowing certificate of eligibility for trading in LPG;
c) Using certificate of eligibility for trading in LPG which is erased or modified, or forged;
d) Failing to have contract of purchasing bottled LPG with general agents or focal LPG trading traders according to regulations;
dd) Location of store for buying bottled LPG in contrary to location stated in certificate of eligibility for trading in LPG.
3. A fine between VND 20,000,000 and 30,000,000, for further trading in LPG while the LPG trading operation has been suspended.
4. The additional sanctioning forms:
a) Deprivation of the right to use certificate of eligibility for trading in LPG from 01 month to 03 months, for the violations specified in Point b Clause 2 of this Article;
b) Confiscation of certificate of eligibility for trading in LPG which has been erased, modified or forged, for the violations specified in Point c Clause 2 of this Article.
Article 41. Violation of the regulations on conditions for the LPG bottle filling stations
1. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Filling up bottle with LPG with an enterprise registration certificate containing no registration of the filling up bottle with LPG;
b) LPG bottle filling station is not eligible for fire prevention and fighting according to regulations.
2. A fine between VND 30,000,000 and 40,000,000, for one of the following violations:
a) The protective barriers around the filling station are not ensured aeration or not abide by the safety distance according to regulations;
b) Failing to have full process of filling up bottle with LPG, tank truck, and operation of machines, equipment in station, response to accidents and regulations on safety.
3. A fine between VND 40,000,000 and 60,000,000, for one of the following violations:
a) Location of LPG bottle filling station in contrary to the master plan or location stated in certificate of eligibility for the filling station;
b) Project or design of LPG bottle filling station is not approved for construction investment permission by competent authorities.
4. A fine between VND 60,000,000 and 70,000,000, for one of the following violations:
a) The filling station, equipment, system of pipelines, basins and auxiliary devices do not abide by provisions on safety under technical regulations;
b) Machines, equipment which have strict requirements on labor safety, labor hygiene of the filling station are not inspected and registered according to regulations.
5. A fine between VND 70,000,000 and 80,000,000, for one of the following violations:
a) Leasing, lending or renting, borrowing certificate of eligibility for filling up bottle with LPG;
b) Using certificate of eligibility for filling up bottle with LPG which is erased or modified, or forged;
c) Having no certificate of eligibility for filling up bottle with LPG or using an expired certificate of eligibility for filling up bottle with LPG.
6. A fine between VND 80,000,000 and 90,000,000, for one of the following violations:
a) Further implementation of activities of filling up bottle with LPG after depriving the right to use certificate of eligibility for filling up bottle with LPG or revoking of certificate of eligibility for filling up bottle with LPG.
b) Further filling up bottle with LPG after forcible suspension of activities of the LPG bottle filling station.
7. The additional sanctioning forms:
a) Confiscation of certificate of eligibility for filling up bottle with LPG, for the violations specified in Point b Clause 5 of this Article;
b) Deprivation of the right to use certificate of eligibility for filling up bottle with LPG for from 01 month to 03 months, for the violations specified in Clause 3, Clause 4, and Point a Clause 5 of this Article;
c) Suspension of operation of filling up bottle with LPG for from 01 month to 03 months, for the violations specified in Point c Clause 5 of this Article.
8. Remedial measures:
a) Forcible dismantlement of the filling station, for the violation specified in Clause 3 of this Article;
b) Forcible expertise, correction of the measuring equipment according to regulations, for violation specified in Clause 3 of this Article.
Article 42. Violation of the regulations on conditions for the LPG filling stations for automobile
1. A fine between VND 10,000,000 and 20,000,000, for failing to be eligible for fire prevention and fighting according to regulations.
2. A fine between VND 50,000,000 and 60,000,000, for one of the following violations:
a) Leasing, lending or renting, borrowing certificate of eligibility for filling up automobile with LPG;
b) Using certificate of eligibility for filling up automobile with LPG which is erased or modified, or forged;
c) Having no certificate of eligibility for filling up automobile with LPG or using an expired certificate of eligibility for filling up automobile with LPG.
3. A fine between VND 60,000,000 and 70,000,000, for one of the following violations:
a) Failing to test, correct the measuring equipment according to regulations;
b) Failing to test and register for equipment required strictly on safety of filling up automobile with LPG according to regulations.
4. A fine between VND 70,000,000 and 80,000,000, for one of the following violations:
a) The LPG filling station for automobile is constructed in contrary to master plan or technical regulations;
b) The LPG filling station for automobile has no construction permit; or its project or design is not approved for construction investment permission by competent authorities.
5. A fine between VND 80,000,000 and 100,000,000, for one of the following violations:
a) Further implementation of activities of filling up bottle with LPG after depriving the right to use of certificate of eligibility for filling up bottle with LPG or revoking of certificate of eligibility for filling up bottle with LPG;
b) Further filling up automobile with LPG after forcible suspension of activities of the LPG filling station for automobile.
6. The additional sanctioning forms:
a) Confiscation of the forged certificate of eligibility for filling up automobile with LPG, for the violations specified in Point b Clause 2 of this Article;
b) Deprivation of the right to use certificate of eligibility for filling up automobile with LPG for from 01 month to 03 months, for the violations specified in Point a Clause 2, Point b Clause 3, and Clause 4 of this Article.
7. Remedial measures
Forcible expertise, correction of the measuring equipment according to regulations, for violation specified in Clause 3 of this Article.
Article 43. Violations of the regulations on conditions for the LPG supply stations
1. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Not being eligible for fire prevention and fighting according to regulations;
b) The LPG supply station has no notice boards of: “No fire”, “No smoking”, “Internal rules of fire prevention and fighting”, “Rules of LPG supply station” hung at places easy for seeing and reading.
2. A fine between VND 50,000,000 and 60,000,000, for one of the following violations:
a) Leasing, lending or renting, borrowing certificate of eligibility for LPG supply;
b) Using certificate of eligibility for LPG supply which is erased or modified, or forged;
c) Having no certificate of eligibility for LPG supply or using an expired certificate of eligibility for LPG supply.
3. A fine between VND 60,000,000 and 70,000,000, for one of the following violations:
a) Failing to test, correct the measuring equipment according to regulations;
b) Having no record of result of testing equipment required strictly on safety of LPG supply station.
4. A fine between VND 70,000,000 and 80,000,000, for one of the following violations:
a) The LPG supply station is built in contrary to the master plan or technical regulations, or not in location stated in certificate of eligibility for LPG supply;
b) The LPG supply station has no construction permit; or its project or design is not approved for construction investment permission by competent authorities.
5. A fine between VND 80,000,000 and 90,000,000, for one of the following violations:
a) Further performing supply of LPG after deprivation of right to use or revocation of certificate of eligibility for LPG supply;
b) Further supplying LPG after forcible suspension of activities of the LPG supply station.
6. The additional sanctioning forms:
a) Confiscation of certificate of eligibility for LPG supply which has been erased, modified or forged, for the violation specified in Point b Clause 2 of this Article;
b) Deprivation of the right to use certificate of eligibility for filling up automobile with LPG for from 01 month to 03 months, for the violations specified in point a Clause 2, and Clause 4 of this Article.
7. Remedial measures:
Forcible expertise, correction of the measuring equipment according to regulations, for violation specified in Clause 3 of this Article.
Article 44. Violations of the regulations on conditions for service provision of leasing warehouses, ports for LPG export and import
1. A fine between VND 10,000,000 and 20,000,000, for trading in service of leasing warehouses, ports for exporting or importing LPG with an enterprise registration certificate containing no registration for trading in service of leasing warehouses, ports for exporting or importing LPG.
2. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Having a wharf which does not belong to system sea ports of Vietnam or construction of wharf does not satisfy technical regulations;
b) Not owning or co-owning wharf or duration for hiring wharf is not proper with regulations;
c) Having LPG depot, of which construction does not comply with the master plan or does not approved by competent authorities or does not satisfy technical regulations;
d) Having LPG depot of which total containing capacity is lower than the prescribed minimum level;
dd) Not owning or co-owning LPG depot or duration for hiring LPG depot is not proper with regulations.
3. A fine between VND 50,000,000 and 60,000,000, for one of the following violations:
a) Having no wharf;
b) Having no LPG depot.
Article 45. Violations of the regulations on conditions for LPG transport service provision
1. A fine between VND 5,000,000 and 10,000,000, for trading in LPG transport service provision with an enterprise registration certificate containing no LPG transport service registration.
2. A fine between VND 50,000,000 and 60,000,000, for trading in LPG transport service provision while means of transport fail to satisfy the prescribed conditions.
3. A fine between VND 60,000,000 and 70,000,000, for one of the following violations:
a) Having no means of transport for LPG according to regulations;
b) Having no permit for transport of dangerous goods or certificate of testing the measuring and safety equipment or the testing registration of quality standards and environmental protection according to regulations;
c) Permit for transport of dangerous goods or certificate of testing the measuring and safety equipment or the testing registration of quality standards and environmental protection is expired.
4. The additional sanctioning forms:
Suspension of activities of LPG transport service provision for from 01 month to 03 months, for the violations specified in Clause 2, Clause 3 of this Article.
SECTION 2. VIOLATIONS OF THE REGULATIONS ON PRODUCTION, IMPORT, EXPORT OF AND TRADING IN LPG
Article 46. Violations of the regulations on LPG production and processing
1. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Having no notice boards of “No fire”, “No smoking”, “No trespassing, the authorized personnel only”, “Internal rules of fire prevention and fighting”, “Rules of entering and exiting production and processing area” hung at LPG production and processing areas according to regulations;
b) Failing to provide professional training for managers and employees working at the LPG production and processing facilities according to regulations.
2. A fine between VND 30,000,000 and 40,000,000, for one of the following violations:
a) Having no distribution system according to regulations when organize retail of LPG and bottled LPG on the market;
b) The LPG and bottled LPG retail distribution system is not eligible according to regulations;
c) Conducting LPG wholesale operation for other LPG traders without assurance of conditions according to regulations.
3. A fine between VND 40,000,000 and 50,000,000, for putting LPG products for circulation at the first time without inspection and certification for ensuring safety and quality standard by competent state agencies according to regulations.
4. The additional sanctioning forms:
Deprivation of the right to use certificate of eligibility for LPG production and processing technique for from 01 month to 03 months, for violations specified in Clause 3 of this Article.
Article 47. Violations of the regulations on conditions for LPG import, export, and temporary import for re-export trading
1. A fine between VND 5,000,000 and 10,000,000, for failing to provide professional training for managers and employees working at the LPG trading facilities according to regulations.
2. A fine between VND 50,000,000 and 60,000,000, for one of the following violations:
a) Import of LPG bottle and auxiliary devices using LPG already been used;
b) Import of LPG bottle and auxiliary devices using LPG not yet been used with no origin or incorrect origin.
3. A fine between VND 60,000,000 and 70,000,000, for one of the following violations:
a) Import of bottled LPG and auxiliary devices using LPG not yet been used which fails to satisfy the quality standard or technical regulations according to regulations;
b) Enterprises other than focal traders trading in LPG temporary import for re-export, export.
4. The additional sanctioning forms:
a) Suspension of activities of trading in LPG import, export, temporary import for re-export for from 01 month to 03 months, for the violations specified in Point b Clause 3 of this Article;
b) Confiscation of LPG bottle and auxiliary devices using LPG not yet been used with no origin or incorrect origin, failing to satisfy the quality standard or technical regulations according to regulations, for violations specified in Clause 2 and point a Clause 3 of this Article.
Article 48. Violations of the regulations on LPG trading of the focal LPG traders
1. A fine between VND 20,000,000 and 30,000,000 shall be imposed on the focal LPG traders conducting one of the following violations:
a) Failing to register the distribution system with a competent state management agency under regulations;
b) Committing a fraud in the declaration and registration of a distribution system.
2. A fine between VND 30,000,000 and 40,000,000, for one of the following violations:
a) Failing to refund deposit when clients have no demand for use of LPG bottle;
b) Selling LPG and bottled LPG for objects not under their distribution system, except for case of sale under contract for direct consumers.
3. A fine between VND 40,000,000 and 50,000,000, for one of the following violations:
a) Signing contract with traders not eligible for acting as general agents, agents, store selling bottled LPG;
b) Conducting LPG wholesale operation for other LPG traders without satisfaction of conditions according to regulations;
c) Leasing warehouses, export, import ports, means of transport with LPG traders who fail to satisfy fully conditions according to regulations;
d) Failing to ensure maintenance of the minimum LPG circulation level for distribution system under their management according to regulations;
4. A fine between VND 50,000,000 and 60,000,000, for one of the following violations:
a) LPG purchase or sale with LPG traders who have the LPG bottle filling station, LPG supply station, LPG filling station for automobile not satisfying fully conditions according LPG regulations;
b) Failing to implement safety technical test of LPG bottle, equipment with strict requirements on safety according to regulations.
5. The additional sanctioning forms:
Forcible suspension of operation of trading in LPG for from 01 month to 03 months, for the violations specified in Clause 4 of this Article.
6. Remedial measures:
a) Forcible refund of deposit to clients in case where clients have no demand for use of LPG bottles, for violations specified in point a Clause 2 of this Article;
b) Forcible implementation of safety technical testing for LPG bottles, equipment with strict requirements on safety according to regulations, for the violation specified in Point b Clause 4 of this Article.
Article 49. Violations of the regulations on LPG trading of LPG trading general agents
1. A fine between VND 5,000,000 and 10,000,000, for failing to provide professional training for managers and employees working at the LPG trading facilities of LPG general agents according to regulations.
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Signing contracts to act as general agent in excess of quantity of focal LPG traders according to regulations;
b) Signing contract with traders not eligible for acting as agents, or stores selling bottled LPG;
c) Failing to register the distribution system with a competent state management agency under regulations;
d) Committing a fraud in the declaration and registration of a distribution system.
3. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Selling bottled LPG not satisfying fully conditions for circulation on the market;
b) Failing to return all LPG bottles which have been made a deposit and dossier of LPG bottles when liquidate contracts of agents, general agents;
c) Storing, circulating, selling LPG of all kinds and LPG bottles of other LPG traders outside contracts.
4. A fine between VND 30,000,000 and 40,000,000, for one of the following violations:
a) Buying or selling LPG of kinds with unknown origin on the market;
d) Failing to ensure the minimum LPG circulation reserve level according to regulations;
5. The additional sanctioning forms:
Confiscation of bottled LPG and LPG bottles failing to satisfy fully conditions for circulating on market, for the violations specified in point a, point c Clause 3, Point a Clause 4 of this Article.
6. Remedial measures:
Forcible return of all LPG bottles which have been made a deposit and dossier of LPG bottles to the focal LPG traders, for violations specified in Point b Clause 3 of this Article.
Article 50. Violations of the regulations on LPG trading of LPG trading agents
1. A fine between VND 3,000,000 and 5,000,000, for LPG trading agents conducting one of the following violations:
a) Failing to register the distribution system with a competent state management agency under regulations;
b) Committing a fraud in the declaration and registration of a distribution system.
2. A fine between VND 5,000,000 and 10,000,000, for failing to provide professional training for managers and employees working at the LPG trading facilities of LPG trading agents according to regulations.
3. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Signing contracts to act as agent in excess of quantity of focal LPG traders or general agents according to regulations;
b) Failing to open logbook of LPG kinds already sold for clients.
4. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Selling bottled LPG not satisfying fully conditions for circulation on the market;
b) Buying or selling LPG and bottled LPG without origin on the market;
c) Selling LPG and bottled LPG inconsistently with the agent contract already signed with focal LPG traders or general agents.
5. The additional sanctioning forms:
Confiscation of LPG and bottled LPG, for the violations specified in Clause 4 of this Article.
Article 51. Violations of the regulations on LPG trading of bottled-LPG sale stores
1. A fine between VND 3,000,000 and 5,000,000, for failing to provide professional training for managers and employees working at the bottled-LPG sale stores according to regulations.
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Signing contracts to sell bottled LPG with the LPG traders in excess of the prescribed quantity;
b) Selling bottled LPG of other LPG traders without contract.
3. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Selling bottled LPG of all kinds which do not satisfy fully conditions for circulation on the market;
b) Buying or selling LPG and bottled LPG without origin on the market;
c) Selling bottled LPG inconsistently with the contract already signed with focal LPG traders, general agents or agents.
4. The additional sanctioning forms:
a) Confiscation of material evidences including bottled LPG and LPG bottles, for the violations specified in point b Clause 2 and Clause 3 of this Article;
b) Deprivation of the right to use certificate of eligibility for trading in LPG for from 01 month to 03 months, for the violations specified in Clause 3 of this Article.
Article 52. Violations of the regulations on circulation of LPG bottles on market
1. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Failing to conduct safety technical testing for LPG bottles according to regulations before putting into use;
b) Circulating LPG bottles which are not tested or within overdue time of safety technical test according to regulations;
c) Circulating LPG bottles which are not intact as initial design which has been completed the safety technical testing;
d) Failing to have sufficiently the archival dossiers of LPG bottles according to regulations;
2. A fine between VND 20,000,000 and 30,000,000, for failing to make recall or failing to make recall of all LPG bottles owned by them for sale for other traders enclosing with full dossiers according to regulations in case where stop the business operation, or LPG trading facilities are merged, changed their business lines which no longer include trading in LPG.
3. A fine between VND 30,000,000 and 40,000,000, for one of the following acts which illegally change the initial form, structure, weight of LPG bottles:
a) Changing the base, cutting the handle;
b) Grinding logo, changing label, serial number;
c) Welding additionally metal;
d) Swapping head valve of bottle;
dd) Other illegal acts which change the initial form, structure, weight of LPG bottles.
4. The additional sanctioning forms:
Confiscation of LPG bottles failing to ensure conditions for circulation, for the violations specified in Point c Clause 1 and Clause 3 of this Article.
5. Remedial measures:
a) Suspension of circulation and use of LPG bottles, for the violations specified in Point a, Point b, Point d Clause 1 and Clause 2 of this Article;
b) Forcible recall, testing for LPG bottles already put into circulation, for the violations specified in Point a, and Point b Clause 1 of this Article;
c) Forcible recall of LPG bottles according to regulations, for the violations specified in Clause 2 of this Article.
Article 53. Violations of the regulations on LPG trading
1. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) Trading in bottled LPG without sealing or sealing in contrary to standards;
b) Using mini-bottled LPG prohibited re-filling up with LPG in facilities trading in catering services;
c) Trading, transporting, storing LPG bottles and bottled LPG when subjects are not traders of LPG export, import, production, processing, distribution at level I, traders providing service of leasing warehouses, services of LPG transport, general agents, agents, stores trading in LPG (except for purchase for use to serve production).
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
b) Trading in mini LPG bottles, mini bottled LPG prohibited to re-fill up with LPG;
b) Selling bottled LPG with insufficient defined weight;
c) Owners of LPG bottles putting LPG bottles with coincident serial numbers in circulation on the market;
d) Purchasing, selling, transporting, exchanging, storing kinds of LPG bottles and bottled LPG of other LPG traders beyond the signed contracts;
dd) Purchasing, selling, transporting, storing LPG bottles with unclear origin or not eligible for circulation on the market;
e) Extracting LPG of this bottle into other bottle, filling with LPG, repairing LPG bottles not in proper places according to regulations;
3. A fine between VND 20,000,000 and 30,000,000, for illegally occupying, purchasing, selling, exchanging, and storing LPG bottles not belong to ownership of subjects, except for case of hiring for filling up bottles with LPG.
4. A fine between VND 40,000,000 and 50,000,000, for illegally extracting LPG of this bottle into other bottle, filling up bottles with LPG.
5. A fine between VND 50,000,000 and 60,000,000, shall be imposed on subjects other than traders of export, import, traders of production and processing, and traders of LPG distribution at level I, traders of trading in services of leasing warehouses, ports for LPG export and import, trading in service of LPG transport, LPG trading general agents, agents, stores (except for case specified in Point c Clause 1 and case of buying to serve for production).
6. The additional sanctioning forms:
Confiscation of bottled LPG, LPG bottles and LPG, for the violations specified in Point b, Point c Clause 1, Point a, Point c, Point d, Point e of Clause 2, Clause 3, Clause 4, Clause 5 of this Article.
SECTION 3. VIOLATIONS OF THE REGULATIONS ON FILLING AND SUPPLYING LPG
Article 54. Violations of the regulations on filling up bottle with LPG
1. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) LPG bottle filling station has no notice boards of: “No fire”, “No smoking”, “Internal rules of fire prevention and fighting”, “Rules of entering and exiting LPG supply station” hung at places easy for seeing and reading;
b) Failing to provide professional training for managers and employees working at the LPG bottle filling station according to regulations.
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Filling up bottle with LPG while LPG bottles fail to satisfy fully conditions for circulation according to regulations;
b) Being hired to fill up bottle with LPG for LPG bottles of other LPG traders which fail to meet fully conditions according to regulations.
3. A fine between VND 20,000,000 and 40,000,000, for one of the following violations:
a) Containing LPG bottles of other traders without contract of hiring for filling up bottle with LPG at the filling station;
b) Filling up bottle with LPG while LPG bottles are not owned by trader possessing the filling station, except for case of contract of hiring for filling up bottle with LPG.
4. The additional sanctioning forms:
a) Confiscation of LPG bottles and bottled LPG, for the violations specified in Point a Clause 2 and Clause 3 of this Article;
b) Deprivation of the right to use certificate of eligibility for filling up bottle with LPG for from 01 month to 03 months, for the violations specified in Clause 2 and Clause 3 of this Article.
Article 55. Violations of the regulations on filling up automobile with LPG
1. A fine between VND 5,000,000 and 10,000,000, for failing to provide professional training for managers and employees working at the LPG filling station for automobile according to regulations.
2. A fine between VND 10,000,000 and 20,000,000, for conducting joint venture, linking to contribute capital for construction of the LPG filling station for automobile with petrol and oil sale stores failing to be granted certificate of eligibility for trading in petrol and oil.
3. A fine between VND 20,000,000 and 30,000,000, for act of filling up bottle with LPG at the LPG filling station for automobile.
4. The additional sanctioning forms:
a) Confiscation of LPG bottles and bottled LPG, for the violations specified in Clause 3 of this Article;
b) Deprivation of the right to use certificate of eligibility for filling up automobile with LPG for from 01 month to 03 months, for the violations specified in Clause 3 of this Article.
Article 56. Violations of the regulations on LPG supply
1. A fine between VND 5,000,000 and 10,000,000, for one of the following violations:
a) Failing to supply instructions of LPG use safety for clients, in which inscribe telephone numbers in emergency of LPG supply station, officer directly managing the LPG supply station for contact as necessary;
b) Failing to provide professional training for managers and employees working at the LPG supply station according to regulations.
2. A fine between VND 10,000,000 and 20,000,000, for selling LPG to clients without observance with provisions on LPG use safety, fire prevention and fighting.
3. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Selling LPG to special-use means of transport which fail to meet all conditions according to regulations;
b) Filling up bottle with LPG at the LPG supply station.
4. The additional sanctioning forms:
a) Confiscation of material evidences used to commit administrative violations specified in Point b Clause 3 of this Article.
b) Deprivation of the right to use certificate of eligibility for LPG supply for from 01 month to 03 months, for the violations specified in Point b Clause 3 of this Article.
Article 57. Violations of the regulations on filling up with LPG
1. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Using the movable filling station;
b) Filling up with LPG for mini LPG bottles prohibited to re-fill up with LPG.
2. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Filling up with LPG for LPG bottles permitted to re-fill up but not yet been tested or duration for testing safety technique is overdue;
b) Filling with LPG from tank truck for LPG bottles or other vehicles, equipment;
c) Trading in, transporting mini LPG bottles, mini bottled LPG prohibited re-filling up with LPG;
d) Trading in, transporting LPG bottles or bottled LPG which fails to be eligible for circulation on the market;
dd) Illegally LPG extracting or filling.
3. The additional sanctioning forms:
a) Confiscation of material evidences used to commit administrative violations specified in Clause 1, Point b, Point c, Point dd Clause 2 of this Article;
b) Deprivation of the right to use certificate of eligibility for LPG filling for from 01 month to 03 months, for the violations specified in Clause 1 and Clause 2 of this Article.
4. Remedial measures:
Forcing the owners of LPG bottles to conduct expertise of LPG bottles, for the violations specified in Point a Clause 2 of this Article;
SECTION 4. VIOLATIONS OF THE REGULATIONS ON PRODUCTION OF, REPAIR OF, AND EXPERTISE OF LPG BOTTLE
Article 58. Violations of the regulations on production of, repair of LPG bottle
1. A fine between VND 5,000,000 and 10,000,000, for failing to provide professional training for managers and employees working at the facilities of Production of, repair of LPG bottles according to regulations.
2. A fine between VND 10,000,000 and 20,000,000, for one of the following violations:
a) Producing, repairing LPG bottles without certificate of eligibility for Production of, repair of LPG bottles;
b) Failing to fully comply with regulations on production of, repair of LPG bottles.
3. A fine between VND 20,000,000 and 30,000,000, for one of the following violations:
a) Producing, repairing LPG bottles for traders not being owners of LPG bottles;
b) Producing, repairing LPG bottles and auxiliary devices for LPG which fail to ensure the prescribed quality standards;
c) The producers put LPG bottles with coincident serial numbers in circulation on the market;
d) Producing, repairing LPG bottles for owners of LPG bottles without contract;
dd) Producing, repairing LPG bottles in variance with the prescribed places, or locations stated in certificate of eligibility for production and repair of LPG bottles.
4. The additional sanctioning forms:
Deprivation of the right to use certificate of eligibility for production and repair of LPG bottles for from 01 month to 03 months, for the violations specified in Point a, Point b, Point c Clause 3 of this Article.
Article 59. Violations of the regulations on conditions for the stations of expertise of LPG bottles
1. A fine between VND 5,000,000 and 10,000,000, for failing to provide professional training for managers and employees working at the LPG bottle expertise stations according to regulations.
2. A fine between VND 10,000,000 and 20,000,000, for expertise of LPG bottles without certificate of eligibility for expertise of LPG bottles.
3. The additional sanctioning forms:
Forcible suspension of operation of LPG bottle expertise station, for from 01 month to 03 months, for the violations specified in Clause 2 of this Article.
Chapter 5.
COMPETENCE FOR MAKING MINUTES OF ADMINISTRATIVE VIOLATIONS AND SANCTIONING ADMINISTRATIVE VIOLATIONS
Article 60. Competence for making minutes of administrative violations
Persons on duty, persons competent to sanction administrative violations, of agencies: People’s Committees at all levels, market management, people’s public security, customs, border guard, coast police and specialized inspectorate, under their assigned functions, duties and powers, shall have competence of inspection, making minutes of administrative violations for administrative violations specified in this Decree.
Article 61. The sanctioning competence of chairpersons of People’s Committees at all levels
1. The chairpersons of commune-level People’s Committees have competence on administrative sanction and application of remedial measures, for administrative violations specified in Chapter 3, Chapter 4 of this Decree, within their management areas, according to Clause 1 Article 38 and Article 52 of Law on handling of administrative violations.
2. The chairpersons of district-level People’s Committees have competence on administrative sanction and application of remedial measures, for administrative violations specified in Chapter 3, Chapter 4 of this Decree, within their management areas, according to Clause 2 Article 38 and Article 52 of Law on handling of administrative violations.
3. The chairpersons of provincial People’s Committees have competence on administrative sanction and application of remedial measures, for administrative violations specified in this Decree, within their management areas, according to Clause 3 Article 38 and Article 52 of Law on handling of administrative violations.
Article 62. The sanctioning competence of market management agencies
The persons competent to sanction of the market management agencies shall have competence of administrative sanction and application of remedial measures, for administrative violations specified in Chapter 3, Chapter 4 of this Decree, within their management areas and assigned functions, duties and powers, according to Article 45 and Article 52 of Law on handling of administrative violations.
Article 63. The sanctioning competence of People’s public security, Customs, border guard, coast police and specialized inspectorate
1. The persons competent to sanction of the Public Security agencies shall have competence of administrative sanction and application of remedial measures, for administrative violations specified in Chapter 3 and Chapter 4 of this Decree, within their management areas and assigned functions, duties and powers, according to Article 39 and Article 52 of Law on handling of administrative violations.
2. The persons competent to sanction of the customs agencies shall have competence of administrative sanction and application of remedial measures, for administrative violations specified in Chapter 3 and Chapter 4 of this Decree, involving export and import of goods and relevant services, within their management areas and assigned functions, duties and powers, according to Article 42 and Article 52 of Law on handling of administrative violations.
3. The persons competent to sanction of the border guard shall have competence of administrative sanction and application of remedial measures, for administrative violations specified in Chapter 3 and Chapter 4 of this Decree, involving prospecting, exploration, transport and exploitation of petroleum specified in Chapter 2, and administrative violations involving trading in, export and import of goods defined in Chapter 3 and Chapter 4 of this Decree, within their management areas and assigned functions, duties and powers, according to Article 40 and Article 52 of Law on handling of administrative violations.
4. The persons competent to sanction of the coast police shall have competence of administrative sanction and application of remedial measures, for administrative violations specified in this Decree, involving prospecting, exploration, transport and exploitation of petroleum, trading in export, import of goods and relevant services, within their management areas and assigned functions, duties and powers, according to Article 41 and Article 52 of Law on handling of administrative violations.
5. The persons competent to sanction of the Inspectorate agencies shall have competence of inspection, making minutes of administrative violations, administrative sanction and application of remedial measures, for administrative violations specified in this Decree, within their management sectors and fields, according to Article 46 and Article 52 of Law on handling of administrative violations.
Chapter 6.
PROVISIONS OF IMPLEMENTATION
Article 64. Effect
1. This Decree takes effect on October 10, 2013.
2. This Decree replaces the Government’s Decrees No. 145/2006/ND-CP dated November 30, 2006, providing for the sanctioning of administrative violations in the petroleum domain, No. 104/2011/ND-CP dated November 15, 2011, providing for the sanctioning of administrative violations in gasoline trading; No. 105/2011/ND-CP dated November 15, 2011, providing for administrative sanction in LPG trading.
Article 65. Transitional provisions
1. The sanction of administrative violations, for violations happened before July 01, 2013, procedures shall comply with Article 3 of the Resolution No. 24/2012/QH13 dated June 20, 2012, of National Assembly, on implementing the Law on handling of administrative violations.
2. Violations detected through inspection (made or not yet made minutes of administrative violations), before the effective day of this Decree, the valid Government’s Decrees on handling of administrative violations at time of inspection and detecting shall be applied for handling.
3. Violations detected through inspection from the effective day of this Decree shall be applied this Decree for handling.
Article 66. Responsibility for implementation
1. The Minister of Industry and Trade shall guide and organize implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, chairpersons of People’s Committees of provinces, central-affiliated cities shall implement this Decree.
On behalf of the Government
The Prime Minister
Nguyen Tan Dung
Vietnamese
Decree 97/2013/NĐ-CP DOC (Word)
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