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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
145/2006/ND-CP
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Hanoi,
November 30, 2006
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DECREE
PROVIDING FOR THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS
IN THE PETROLEUM DOMAIN
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the July 6, 1993 Petroleum Law and the Law Amending and
Supplementing a Number of Articles of the June 9, 2000 Petroleum Law;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Minister of Industry,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope
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2. Administrative violations in the petroleum
domain mean acts of intentionally or unintentionally violating the regulations
on the state management of petroleum, which, however, are not crimes and, under
the provisions of this Decree, must be administratively sanctioned, including:
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 domain;
c/ Violation of the regulations on reporting
regime, disclosure of information and other regulations in the state management
of the petroleum domain.
3. Administrative violations which are governed
by other legal documents and not provided for in this Decree but related to the
petroleum domain shall be administratively sanctioned in accordance with those
legal documents.
1. Vietnamese organizations or individuals that
commit administrative violations in the petroleum domain shall be sanctioned
according to the provisions of this Decree and relevant provisions of law on
the sanctioning of administrative violations.
2. Foreign organizations or individuals that
commit administrative violations in the petroleum domain within the territory,
exclusive economic zones or the continental shelf of the Socialist Republic of
Vietnam shall be sanctioned according to the provisions of this Decree; if a
treaty to which the Socialist Republic of Vietnam is a contracting party
otherwise provides for, the provisions of that treaty prevail.
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Article 3.- Principles
for sanctioning administrative violations
Principles for sanctioning administrative
violations in the petroleum domain comply with the provisions of Article 3 of
the Ordinance on Handling of Administrative Violations and Article 3 of the
Government's Decree No. 134/2003/ND-CP of November 14, 2003, detailing the
implementation of a number of articles of the Ordinance on Handling of
Administrative Violations.
Article 4.- Statue of
limitations for sanctioning administrative violations
1. The statute of limitations for sanctioning an
administrative violation in the petroleum domain is one year, counting from the
date that violation is committed. Past this time limit, if the violation is
detected, the violating organization or individual shall not be sanctioned but
is required to take remedies provided for in this Decree.
2. For individuals against whom prosecution or
judicial proceedings are sought or whose cases have been decided to be brought
to trial according to criminal procedures but later the investigations or the
cases are decided to be stopped, they shall be administratively sanctioned if
their acts show signs of administrative violation. Within three days after
issuing a decision to stop the investigation or a case, the decision maker is
required to send the decision to the person with sanctioning competence; in
this case, the statute of limitations for sanctioning the violation is three
months after the person with sanctioning competence receives the decision to stop
the violation and the case dossier.
3. Within the time limit specified in Clauses 1
and 2 of this Article, if concerned individuals or organizations commit new
violations in the petroleum domain or deliberately shirk or obstruct the
sanctioning, the statute of limitations provided for in Clauses 1 and 2 of this
Article shall not apply. The statute of limitations for sanctioning
administrative violations shall be re-counted from the time a new violation is
committed or the act of shirking or obstructing the sanctioning stops.
4. Persons with sanctioning competence who are
at fault in letting the statute of limitations for sanctioning expire shall be
handled in accordance with Article 121 of the Ordinance on Handling of
Administrative Violations.
Article 5.- Time limit
for being considered as having not yet been administratively sanctioned
The time limit for being considered as having
not yet been administratively sanctioned shall comply with the provisions of
Clause 1, Article 11 of the Ordinance on Handling of Administrative Violations
and Article 7 of the Government's Decree No. 134/2003/ND-CP of November 14,
2003, detailing the implementation of a number of articles of the Ordinance on
Handling of Administrative Violations.
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Extenuating or aggravating circumstances in the
sanctioning of administrative violations in the petroleum domain shall comply
with the provisions of Articles 8 and 9 of the Ordinance on Handling of
Administrative Violations and Article 6 of the Government's Decree No.
134/2003/ND-CP of November 14, 2003, detailing the implementation of a number
of articles of the Ordinance on Handling of Administrative Violations.
Article 7.- Forms of
sanctioning administrative violations
1. For each administrative violation in the
petroleum domain, violating individuals or organizations shall be subject to
either of the two following principal sanctions:
a/ Caution;
b/ Fine.
2. In case of fine, the specific fine level
applicable to an administrative violation is the average level of the fine
bracket prescribed for such violation. For a violation involving extenuating
circumstances, the fine level may be reduced but must not be lower than the
minimum level of the fine bracket. For a violation involving aggravating
circumstances, the fine level may be increased but must not exceed the maximum
level of the fine bracket.
3. Depending on the nature and severity of
violations, violating individuals or organizations may also be subject to one
or some of the following additional sanctions:
a/ Deprivation of the right to use permits or
practice certificates;
b/ Confiscation of material evidences or means
used for commission of administrative violations.
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Chapter II
FORMS AND LEVELS OF
SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE PETROLEUM DOMAIN
Section 1. VIOLATIONS OF
REGULATIONS ON PETROLEUM PROSPECTING, EXPLORATION AND EXPLOITATION
Article 8.- Violation of
regulations on petroleum prospecting and exploration
1. A caution or a fine of between VND 200,000
and VND 500,000 shall be imposed for acts of failing to elaborate annual
working programs 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 of between VND 80,000,000 and VND
100,000,000 shall be imposed for one of the following violations:
a/ Conducting petroleum prospecting or
exploration when the master plans and detailed plans have not yet been approved
by competent authorities;
b/ Failing to submit to competent agencies
documents and samples collected in the drilling process;
c/ Prolonging the prospecting and exploration
time without permission of competent agencies;
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e/ Conducting petroleum prospecting and exploration
in the restricted or temporarily restricted areas as announced by the State;
f/ Drilling outside the areas of petroleum
contracts without permission of competent agencies.
3. A fine of between VND 300,000,000 and VND
500,000,000 shall be imposed 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 prospecting and exploring
petroleum.
4. Additional sanctions:
Confiscation of material evidences and means
used to commit administrative violations specified in Clause 3 of this Article.
5. Remedies:
Forcible compliance with the provisions of law,
for violations mentioned at Points a and b, Clause 2 of this Article.
Article 9.- Violation of
regulations on field development and petroleum exploitation
1. A caution or a fine of between VND 200,000
and VND 500,000 shall be imposed for one of the following violations:
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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 of between VND 20,000,000 and VND
30,000,000 shall be imposed 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;
e/ 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 of between VND 40,000,000 and VND
60,000,000 shall be imposed 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;
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c/ Failing to consolidate fields at the request
of competent state agencies;
d/ Failing to re-calculate petroleum reserves
under the provisions of law;
e/ Failing to properly implement the regulations
on measurement or survey of seam pressure;
f/ Failing to properly implement the regulations
on exploitation and anti-exploitation pipelines;
g/ Failing to keep wellheads and Xmas trees in
accordance with law;
h/ Pumping fluids into seams within a network of
pressurized pumping wells and seams other than that already approved;
i/ Failing to follow the process of burning and
discharging associated gas;
j/ Exploiting petroleum in excess of the volume
permitted for burning or abandonment by competent agencies or organizations in
the course of testing wells;
k/ Exploiting associated gas when the oil and
gas ratio is higher than the approved limit without the approval of competent
agencies or organizations.
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a/ Conducting field development and petroleum
exploitation when the field development plans have not yet been approved by
competent agencies;
b/ Not responding to the Vietnamese Government's
request for the sale of crude oil on the Vietnamese market;
c/ Failing to abide by the master plans and
plans on oil and gas field development, which have been approved by competent
agencies or organizations;
d/ Conducting petroleum exploitation in the
restricted or temporarily restricted areas as announced by the State;
e/ Exploiting petroleum outside the contractual
areas without permission of competent state agencies.
5. A fine of between VND 300,000,000 and VND
500,000,000 shall be imposed 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.
6. Apart from fines, violating organizations and
individuals may also be subject to the following additional sanctions:
Confiscation of material evidences and means
used to commit administrative violations, for violations mentioned at Points c,
d and e, Clause 2; Points a, h and l, Clause 3; Points a, d and e, Clause 4,
and Clause 5 of this Article.
Article 10.- Violation
of the regulations on activities in completion of petroleum projects
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2. A fine of between VND 80,000,000 and VND
100,000,000 shall be imposed for one of the following violations:
a/ Dismantling fixed works in service of
petroleum prospecting, exploration and exploitation when programs, plans and
cost estimates therefor have not yet been approved by competent state
management agencies;
b/ Failing to properly implement regulations on
preservation and abandonment of wells.
Section 2. VIOLATIONS OF
REGULATIONS ON SAFETY, SECURITY AND ENVIRONMENT IN THE PETROLEUM DOMAIN
Article 11.- Violation
of regulations on petroleum safety and security
1. A caution or a fine of between VND 200,000
and VND 500,000 shall be imposed for acts of planting perennial trees within
the corridors of petroleum works on land.
2. A fine of between VND 20,000,000 and VND
30,000,000 shall be imposed for one of the following violations:
a/ Failing to establish a safety corridor around
petroleum works under regulations of competent agencies;
b/ 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;
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d/ Illegally encroaching upon or conducting any
activities in the petroleum safety areas of offshore platforms without permission
of the Prime Minister;
e/ Using pressure or fireproof cylinders which
are designed or installed in contravention of regulations;
f/ Failing to properly implement regulations on
checking valves and gages;
g/ 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;
h/ Failing to install wing valves at wellheads
and Xmas trees or using those valves not up to the prescribed standards;
i/ Failing to strictly comply with regulations
on the distance between diesel engines installed on land;
j/ Using offshore exploitation works when the
system of pipelines and related equipment are designed and installed in
contravention of regulations;
k/ 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;
l/ 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.
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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 make an emergency response plan;
c/ Making an emergency response plan not
suitable to the national emergency response system.
4. Apart from fines, violating organizations and
individuals may also be subject to the following additional sanctions and
remedies:
a/ Confiscation of material evidences and means
used to commit administrative violations in petroleum activities, for acts
specified at Points b, d, e and f, Clause 2 of this Article;
b/ Forcible restoration of the initial state
which has been altered due to administrative violations or forcible
dismantlement of illegal construction works, for violations specified in Clause
1; at Point b of Clause 2 of this Article.
Article 12.- Violation
of regulations on response to oil spills
1. A fine of between VND 15,000,000 and VND
20,000,000 shall be imposed for acts of failing to make plans to respond to oil
spills to be submitted to competent agencies for approval.
2. A fine of between VND 20,000,000 and VND
30,000,000 shall be imposed for one of the following violations:
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b/ Failing to buy liability insurance for
compensation of environmental damage for equipment and means which possibly
cause oil spills.
Article 13.- Violation
of regulations on safety of gas pipelines on land
1. A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed for acts of 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 of between VND 20,000,000 and VND
30,000,000 shall be imposed for one of the following violations:
a/ Failing to properly implement regulations on
the pipe thickness;
b/ Failing to properly implement regulations on
the depth of underground pipelines;
c/ Failing to properly implement regulations on
designing and building of new pipelines;
d/ Changing designing criteria without
permission of competent state agencies;
e/ Having no safety management programs for each
stage of the construction, testing and trial operation process;
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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;
j/ Failing to maintain signboards of pipelines
where notice boards, warning boards and landmark stakes are required;
k/ Having no plans and methods approved by
competent authorities for construction at areas crossing pipelines on land or
safety corridors of pipelines.
3. Apart from fines, violating organizations and
individuals may also have materials and means used to commit administrative
violations in the petroleum domain confiscated, for acts specified in Clause 1
of this Article.
Article 14.- Violation
of regulations on environmental protection
1. A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed for one of the following violations:
a/ Failing to properly observe regulations on
recording and reporting on the state of the physical environment;
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c/ Having no persons in charge of environmental
protection.
2. A fine of between VND 40,000,000 and VND
60,000,000 shall be imposed for acts of using drilling solutions, toxic or
dangerous chemicals without permission of competent state agencies.
3. Apart from fines, violating organizations or
individuals may also be subject to the confiscation of material evidences and
means used to commit administrative violations in petroleum activities, for
acts specified at Point b, Clause 1 and Clause 2 of this Article.
Section 3. VIOLATIONS OF
REGULATIONS ON REPORTING REGIME, SUPPLY OF INFORMATION AND OTHER REGULATIONS
Article 15.- Violation
of regulations on examination, inspection and obstruction of lawful activities
in petroleum prospecting, exploration, exploitation and transportation
1. A fine of between VND 1,000,000 and VND
2,000,000 shall be imposed for acts of not supplying documents, obstructing
petroleum examinations and inspections by officials on duty and competent state
management agencies.
2. A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed for acts of obstructing lawful activities of
prospecting, exploring, exploiting and transporting petroleum.
Article 16.- Violation
of regulations on reporting and supply of information
A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed for one of the following violations:
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2. Failing to register the value of approved
petroleum reserves with competent agencies or organizations.
3. Failing to report on the results of measuring
exploitation indices in well-bore.
4. Failing to periodically report on
exploitation output, composition, proportion of petroleum exploited from each
field and by each exploiter to competent agencies or organizations.
5. Failing to send contents related to
commercial gas meters under 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.
7. Failing to fully and promptly report to
competent agencies or organizations as well as work owners on the threats which
may affect safety of gas pipes for works in the affected areas.
8. Failing to report to competent state agencies
or organizations when burning or destroying oils to cope with emergency cases.
9. Failing to send to competent agencies reports
on petroleum reserves.
10. Failing to send to competent state agencies
the following documents: annual and long-term schemes and plans on petroleum
activities; quarterly and annual sum-up reports on petroleum activities and
their results; reports on the execution of economic and technical projects on
petroleum activities; and reports on important events and incidents related to
petroleum activities.
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SANCTIONING COMPETENCE
AND PROCEDURES
Section 1. SANCTIONING
COMPETENCE
Article 17.- Competence
of industrial specialized inspectorate to sanction administrative violations
1. Industrial inspectors on duty has the power:
a/ To impose caution;
b/ To impose fine of up to VND 200,000;
c/ To confiscate material evidences and means
used to commit administrative violations which have the value of up to VND
2,000,000;
d/ To apply remedies specified in Chapter II of
this Decree.
2. Chief inspectors of provincial/municipal
Industry Services have the power:
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b/ To impose fine of up to VND 20,000,000;
c/ To deprive of the right to use permits or practice
certificates according to their competence;
d/ To confiscate material evidences and means
used to commit administrative violations;
e/ To apply remedies specified in Chapter II of
this Decree.
3. The Chief Inspector of the Ministry of Industry
has the power:
a/ To impose caution;
b/ To impose fine of up to VND 100,000,000;
c/ To confiscate material evidences and means
used to commit administrative violations;
d/ To apply remedies specified in Chapter II of
this Decree.
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1. To impose caution.
2. To impose fine of up to VND 500,000.
3. To confiscate material evidences and means
used to commit administrative violations, which have the value of up to VND
500,000.
4. To apply remedies specified in Chapter II of
this Decree.
Article 19.- Competence
of district-level People's Committee presidents to sanction administrative
violations
1. To impose caution.
2. To impose fine of up to VND 20,000,000.
3. To confiscate material evidences and means
used to commit administrative violations.
4. To apply remedies specified in Chapter II of
this Decree.
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1. To impose caution.
2. To impose fine of up to the maximum level,
for violations defined in this Decree.
3. To confiscate material evidences and means
used to commit administrative violations.
4. To apply remedies specified in Chapter II of
this Decree.
Article 21.- Competence
of other agencies and forces to sanction administrative violations in the
petroleum domain
Apart from the persons with sanctioning
competence defined in Articles 17 thru 20 of this Decree, persons competent to
sanction administrative violations in other agencies under the provisions of
the Ordinance on Handling of Administrative Violations, may, within the ambit
of their assigned functions and tasks, have the sanctioning competence under
the provisions of Article 42 of the Ordinance, if detecting administrative
violations specified in this Decree which fall within the domains or areas
under their management.
Article 22.-
Delimitation of sanctioning competence
1. Industrial inspectors shall sanction
administrative violations specified in this Decree and other administrative
violations related to the petroleum domain, which are defined in the Government
decrees on sanctioning of administrative violations.
2. Presidents of People's Committees at all
levels shall sanction administrative violations in the petroleum domain, which
are committed in the localities under their management.
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Section 2. PROCEDURES FOR
SANCTIONING ADMINISTRATIVE VIOLATIONS
Article 23.- Stopping
administrative violations
When detecting administrative violations or receiving
reports or records on administrative violations in the petroleum domain, the
persons with sanctioning competence shall inspect, verify and order to stop
those violations.
Article 24.- Making
records of administrative violations
1. Except for cases of imposing caution or fine
of up to VND 100,000, competent persons performing tasks or duties shall
promptly make written records of administrative violations.
2. The making of written records on
administrative violations shall comply with the provisions of Article 55 of the
Ordinance on Handling of Administrative Violations and Article 20 of the
Government's Decree No. 134/2003/ND-CP of November 14, 2003, detailing the
implementation of a number of articles of the Ordinance on Handling of
Administrative Violations.
Article 25- Sanctioning
decisions
1. The issuance of sanctioning decisions
according to simple procedures shall comply with the provisions of Article 54
of the Ordinance on Handling of Administrative Violations.
2. Except for the case defined in Clause 1 of
this Article, the issuance of decisions on sanctioning of administrative
violations shall comply with the provisions of Article 56 of the Ordinance on
Handling of Administrative Violations and Article 21 of the Government's Decree
No. 134/2003/ND-CP of November 14, 2003, detailing the implementation of a
number of articles of the Ordinance on Handling of Administrative Violations.
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1. The procedures to impose and collect fines
shall comply with the provisions of Articles 57 and 58 of the Ordinance on
Handling of Administrative Violations.
2. The Finance Ministry shall assume the prime
responsibility for, and coordinate with the Ministry of Industry in, guiding in
detail the procedures for collection and payment of fines, management and use
of collected fines from sanctions against administrative violations in the
petroleum domain.
Article 27.- Execution
of decisions on sanctioning of administrative violations, delay of execution of
fining decisions
1. Organizations or individuals sanctioned for
administrative violations shall execute sanctioning decisions according to
Article 64 of the Ordinance on Handling of Administrative Violations and
Article 22 of the Government's Decree No. 134/2003/ND-CP of November 14, 2003,
detailing the implementation of a number of articles of the Ordinance on
Handling of Administrative Violations.
2. Individuals subject to a fine of VND 500,000
or more may delay the execution of sanctioning decisions under the provisions
of Article 65 of the Ordinance on Handling of Administrative Violations.
Article 28.- Forcible
execution of decisions on sanctioning of administrative violations and transfer
of sanctioning decisions for execution
1. The forcible execution of sanctioning
decisions shall comply with the provisions of Articles 66 and 67 of the
Ordinance on Handling of Administrative Violations and Decree No. 37/2005/ND-CP
of March 18, 2005, stipulating the procedures for application of coercive
measures for execution of decisions on sanctioning of administrative
violations.
2. The transfer of decisions on sanctioning of
administrative violations for execution shall comply with the provisions of
Article 68 of the Ordinance on Handling of Administrative Violations and
Article 27 of the Government's Decree No. 134/2003/ND-CP of November 14, 2003,
detailing the implementation of a number of articles of the Ordinance on
Handling of Administrative Violations.
Article 29.- Forwarding
of decisions on sanctioning of administrative violations for execution
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2. The agency which receives a forwarded
decision on sanctioning of an administrative violation shall hand that decision
to the sanctioned organization or individual and organize the execution
tthereof according to the provisions of Article 64 of the Ordinance on Handling
of Administrative Violations, then notify the forwarding agency of the
execution results.
3. The forwarding of decisions on sanctioning of
administrative violations shall apply for the collection of fines. Additional
sanctions and remedies (if any) must be effected right at the places of
commission of violations. When violators do not voluntarily or are unable to
take remedies (if any), expenses for the application of those remedies shall be
recorded in sanctioning decisions before those decisions are forwarded.
Article 30.-
Application of measures to prevent administrative violations and ensure
administrative sanctioning
1. Measures to prevent administrative violations
and ensure administrative sanctioning are provided for in Article 43 of the
Ordinance on Handling of Administrative Violations.
2. The competence, order and procedures for
application of measures to prevent administrative violations and ensure the
sanctioning of administrative violations in the petroleum domain shall comply
with the provisions of Articles 44, 45, 46, 47, 48 and 49 of the Ordinance on
Handling of Administrative Violations.
Article 31.- Statue of
limitations for execution of decisions on sanctioning of administrative
violations
The statute of limitations for execution of a
decision on sanctioning of an administrative violation in the petroleum domain
is one year counting from the date that decision is issued; past this time
limit, if the decision has not yet been executed, it shall not be executed but
the remedies stated in the decision must still be applied.
When a sanctioned organization or individual
deliberately shirks or delays the execution of the sanctioning decision, the
above statute of limitations shall be recalculated from the time the act of
shirking or delay stops.
Chapter IV
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Article 32.- Complaint
and denunciation
1. Administratively sanctioned individuals, organizations
or their lawful representatives may complain about decisions on sanctioning of
administrative violations, decisions on the application of preventive measures
and assurance of handling of administrative violations. Complaints about
decisions on sanctioning of administrative violations do not suspend the
execution of decisions on sanctioning of administrative violations in the
petroleum domain.
2. Citizens have the right to denounce with
competent state agencies organizations or individuals that commit
administrative violations defined in this Decree and denounce persons with
competence to sanction administrative violations who abuse their power to act
in contravention of the provisions of this Decree.
3. The competence, time limit and procedures for
complaint and denunciation and the settlement of citizens' complaints and
denunciations shall comply with the provisions of law on complaint and
denunciation.
4. The initiation of lawsuits against decisions
on sanctioning of administrative violations, decisions on the application of
preventive measures and assurance of sanctioning of administrative violations
in the petroleum domain shall comply with the provisions of law on the
procedures for settlement of administrative cases.
Article 33.- Commendation
Organizations and individuals that record
achievements in the supply of information, the detection, prevention and
handling of administrative violations in the petroleum domain shall be promptly
commended or rewarded in accordance with law.
Article 34.- Handling
of violations
1. Persons with competence to sanction
administrative violations in the petroleum domain who abuse their powers,
harass, tolerate or cover violators, who do not sanction or impose sanctions
not in time, with improper levels or ultra vires shall be disciplined or
examined for penal liability. If causing harms to the state, citizens or
organizations, they shall pay compensation in accordance with law.
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Chapter V
IMPLEMENTATION PROVISIONS
Article 35.-
Implementation effect
This Decree takes effect 15 days after its
publication in "CONG BAO." To annul Articles 71 and 72 of the
Government's Decree No. 48/2000/ND-CP of September 12, 2000, detailing the
implementation of the Petroleum Law.
Article 36.-
Implementation responsibilities
1. The Minister of Industry shall have to guide,
organize and inspect the implementation of this Decree.
2. Ministers, heads of ministerial-level
agencies, heads of government-attached agencies and presidents of
provincial/municipal People's Committees shall implement this Decree.