THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.
104/2011/ND-CP
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Hanoi,
November 16, 2011
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DECREE
ON THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN PETROL
AND OIL TRADING
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 14, 2005
Commercial Law;
Pursuant to the July 2, 2002
Ordinance on Handling of Administrative Violations; and the April 2, 2008
Ordinance Amending and Supplementing a Number of Articles of the Ordinance on
Handling of Administrative Violations;
At the proposal of the
Minister of Industry and Trade,
DECREES:
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GENERAL PROVISIONS
Article 1.
Scope of regulation
1. This Decree specifies
administrative violations, sanctioning forms and levels, remedial measures,
competence and procedures for sanctioning administrative violations in petrol
and oil trading.
2. Administrative violations in
petrol and oil trading are acts intentionally or unintentionally committed by
individuals and organizations in violation of regulations on state management
of petrol and oil trading, which do not constitute crimes and shall be
administratively sanctioned under this Decree.
3. Other administrative
violations in petrol and oil trading which are not specified in this Decree
shall be handled under regulations on sanctioning of administrative violations
in relevant fields.
Article 2.
Subjects of application
1. Vietnamese individuals and
organizations that commit administrative violations in petrol and oil trading
in the territory of the Socialist Republic of Vietnam.
2. Foreign individuals and
organizations that commit administrative violations in petrol and oil trading
in the territory of the Socialist Republic of Vietnam, unless otherwise
provided by treaties to which Vietnam is a contracting party.
Article 3.
Sanctioning forms and remedial measures
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a/ Warning;
b/ Fine.
2. Depending on the nature and
severity of their violations, administrative violators may be subject to either
or both of the following additional sanctioning forms:
a/ Deprivation of the right to
use certificates of eligibility for petrol and oil trading or petrol and oil
import or export licenses;
b/ Confiscation of physical
evidence and means used in administrative violations.
3. Depending on the nature and
severity of their violations, administrative violators may be subject to one or
several of the remedial measures specified in Chapter II of this Decree.
Article 4.
Application of regulations on sanctioning of administrative violations
Principles of sanctioning
administrative violations; extenuating circumstances and aggravating
circumstances; statute of limitations for sanctioning administrative
violations; duration upon the expiration of which an organization or a person
is regarded as having never been administratively handled; application of
sanctioning forms and remedial measures; and responsibilities of competent
persons for handling administrative violations in petrol and oil trading comply
with the 2002 Ordinance on Handling of Administrative Violations, which was
revised in 2008, and the Government's Decree No. 128/2008/ND-CP of December 16,
2008, detailing a number of articles of the 2002 and 2008 Ordinances.
Chapter II
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Section 1:
VIOLATIONS OF REGULATIONS ON PETROL AND OIL IMPORT OR EXPORT LICENSES OR
CERTIFICATES OF ELIGIBILITY FOR PETROL AND OIL TRADING
Article 5.
Violations in the use of petrol and oil import or export licenses
1. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for one of the following violations:
a/ Importing or exporting petrol
and oil with an expired petrol and oil import or export license;
b/ Erasing or modifying a petrol
and oil import or export license;
c/ Leasing, lending, renting or
borrowing a petrol and oil import or export license;
d/ Forging a petrol and oil
import or export license or using a forged one.
2. Additional sanctioning forms:
a/ Deprivation of the right to
use a petrol and oil import or export license for up to 12 months, for the
violations specified at Points b and c, Clause 1 of this Article;
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c/ Confiscation of forged petrol
and oil import or export licenses, for the violations specified at Point d,
Clause 1 of this Article.
Article 6.
Violations in the use of certificates of eligibility for petrol and oil trading
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for one of the following violations:
a/ Erasing or modifying a
certificate of eligibility for petrol and oil trading;
b/ Leasing, lending, renting or
borrowing a certificate of eligibility for petrol and oil trading;
c/ Forging or a certificate of
eligibility for petrol and oil trading or using a forged one.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for one of the following violations:
a/ Trading in petrol and oil
with an expired certificate of eligibility for petrol and oil trading or after
having the right to use a certificate of eligibility for petrol and oil trading
deprived of or having such certificate revoked;
b/ Trading in petrol and oil
without certificate of eligibility for petrol and oil trading.
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a/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading for up to 12
months, for the violations specified at Points a and b, Clause 1 of this
Article;
b/ Deprivation of the right to use
a certificate of eligibility for petrol and oil trading for more than 12
months, for the violations specified at Points a and b, Clause 1 of this
Article, in case of repeated violation commission or recidivism;
c/ Confiscation of forged
certificates of eligibility for petrol and oil trading, for the violations
specified at Point c, Clause 1 of this Article.
Section 2:
VIOLATIONS OF REGULATIONS ON PETROL AND OIL TRADING CONDITIONS
Article 7.
Violations of regulations on petrol and oil import or export conditions
1. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for importing or exporting petrol
and oil with an enterprise registration certificate containing no petrol and
oil trading registration.
2. A fine of between VND
30,000,000 and 40,000,000 shall be imposed on petrol and oil importers or
exporters for one of the following violations:
a/ Having a pier which fails to
satisfy prescribed requirements;
b/ Having a depot for imported
petrol and oil which fails to satisfy prescribed requirements;
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d/ Having a petrol and oil
distribution system which fails to satisfy prescribed requirements;
e/ Having jet fuel filling
equipment which fails to satisfy prescribed requirements.
3. A fine of between VND
40,000,000 and 50,000,000 shall be imposed on petrol and oil importers or
exporters for one of the following violations:
a/ Having no special-use pier;
b/ Having no depot for imported
petrol and oil;
c/ Having no special-use petrol
and oil transportation vehicles and vessels;
d/ Having no petrol and oil
distribution system;
e/ Having no jet fuel filling
equipment.
4. Additional sanctioning forms:
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b/ Deprivation of the right to
use a petrol and oil import or export license for more than 12 months, for the
violations specified in Clauses 2 and 3 of this Article, in case of repeated
violation commission or recidivism.
5. Remedial measure:
Forcible compliance with
regulations on petrol and oil import or export conditions, for the violations
specified in this Article.
Article 8.
Violations of regulations on petrol and oil production conditions
1. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for producing petrol and oil with an
enterprise registration certificate containing no petrol and oil trading
registration.
2. A fine of between VND
30,000,000 and 40,000,000 shall be imposed on petrol and oil producers for one
of the following violations:
a/ Producing petrol and oil
beyond the approved master plan;
b/ Having a testing or measuring
laboratory which is incapable of inspecting quality of produced petrol and oil
under regulations.
3. A fine of between VND
40,000,000 and 50,000,000 shall be imposed on petrol and oil producers for one
of the following violations:
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b/ Having no testing or
measuring laboratory to inspect quality of produced petrol and oil under
regulations.
4. Remedial measure:
Forcible compliance with
regulations on petrol and oil production conditions, for the violations
specified in this Article.
Article 9.
Violations of regulations on trading conditions of petrol and oil trading
general agents
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed on petrol and oil trading general
agents for one of the following violations:
a/ Trading in petrol and oil
with an enterprise registration certificate containing no petrol and oil
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
petrol and oil trading.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed on petrol and oil trading general
agents for one of the following violations:
a/ Having petrol and oil depots
or tanks which fail to satisfy prescribed requirements;
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c/ Having petrol and oil
transportation vehicles and vessels which fail to satisfy prescribed
requirements.
3. A fine of between VND
30,000,000 and 40,000,000 shall be imposed on petrol and oil trading general
agents for one of the following violations:
a/ Having no petrol and oil
depot or tank;
b/ Having no petrol and oil
distribution system;
c/ Having no special-use petrol
and oil transportation vehicle or vessel.
4. Remedial measure:
Forcible compliance with
regulations on trading conditions of petrol and oil trading general agents, for
the violations specified in this Article.
Article 10.
Violations of regulations on trading conditions of petrol and oil retail agents
1. A fine of between VND
10,000,000 and 15,000,000 shall be imposed on petrol and oil retail agents for
one of the following violations:
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b/ Failing to provide
professional training in fire prevention and fighting and environmental
protection under regulations for managers and employees directly engaged in
petrol and oil trading.
2. A fine of between VND
15,000,000 and 20,000,000 shall be imposed on petrol and oil retail agents
having no petrol and oil retail stores as required.
3. Remedial measure:
Forcible compliance with
regulations on trading conditions of petrol and oil retail agents, for the
violations specified in this Article.
Article 11.
Violations of regulations on trading conditions of petrol and oil retail stores
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for failure to provide professional
training in fire prevention and fighting and environmental protection under
regulations for managers and employees directly engaged in petrol and oil trading.
2. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for one of the following violations:
a/ Locating a petrol and oil
retail store not in the location indicated in the certificate of eligibility
for petrol and oil trading;
b/ Having insufficient or
substandard equipment in a petrol and oil retail store as required.
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a/ Locating a petrol and oil
retail store not in line with the approved master plan;
b/ Having no equipment in a
petrol and oil retail store as required.
4. Additional sanctioning forms:
a/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading for up to 12
months, for the violations specified in Clauses 2 and 3 of this Article;
b/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading for more than 12
months, for the violations specified in Clauses 2 and 3 of this Article, in
case of repeated violation commission or recidivism.
5. Remedial measures:
a/ Forcible dismantlement of
petrol and oil retail stores, for the violations specified at Point a, Clause 2
and Point a, Clause 3 of this Article;
b/ Forcible compliance with
regulations on petrol and oil trading conditions, for the violations specified
in this Article.
Article 12.
Violations of regulations on conditions for petrol and oil service provision
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a/ Providing petrol and oil
transportation services or leasing ports or depots for petrol and oil receipt
with an enterprise registration certificate containing no petrol and oil
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 petrol
and oil trading or those directly using means of transport.
2. A fine of between VND
30,000,000 and 40,000,000 shall be imposed 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 of between VND
40,000,000 and 50,000,000 shall be imposed 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 petrol and oil, for enterprises providing petrol arid oil
transportation services.
4. Remedial measure:
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Section 3:
VIOLATIONS OF REGULATIONS ON PETROL AND OIL SELLING PRICES
Article 13.
Violations of regulations on petrol and oil price display and retail prices
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for one of the following violations:
a/ Failing to display petrol and
oil retail prices or displaying petrol and oil retail prices improperly or
unclearly, causing confusion to customers;
b/ Selling petrol and oil not at
displayed prices set by wholesale traders.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for acts of adjusting petrol and oil
retail prices not at points of time prescribed by wholesale traders.
3. Additional sanctioning forms:
a/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading for up to 12
months, for the violations specified at Point b, Clause 1, and in Clause 2 of
this Article;
b/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading for more than 12
months, for the violations specified at Point a, Clause 1, and in Clause 2 of
this Article, in case of repeated violation commission or recidivism during the
period of price stabilization.
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a/ Forcible display of prices
under regulations, for the violations specified at Points a, Clause 1 of this
Article;
b/ Forcible refund to the state
budget of illegal profits earned from the commission of administration
violations, for the violations specified at Point b, Clause 1, and in Clause 2
of this Article.
Article 14.
Violations of the procedures for adjusting petrol and oil retail prices of
wholesale traders
1. A fine of between VND
20,000,000 and 30,000,000 shall be imposed on wholesale traders for one of the
following violations:
a/ Failing to send price
decisions and plans to competent state agencies upon increasing or reducing
petrol and oil retail prices;
b/ Failing to notify or send
decisions on increased or reduced petrol and oil retail prices to units in the
petrol and oil distribution system before these prices become effective for
application.
2. A fine of between VND
30,000,000 and 40,000,000 shall be imposed on wholesale traders for failing to
comply with regulations on the price adjustment level and the minimum interval
between two consecutive price adjustments when increasing petrol and oil retail
prices or the maximum interval between two consecutive price adjustments when
reducing petrol and oil retail prices.
3. Additional sanctioning forms:
a/ Deprivation of the right to
use a petrol and oil import or export license for up to 12 months, for the
violations specified in Clause 2 of this Article;
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4. Remedial measures:
a/ Forcible compliance with
regulations on adjustment of petrol and oil retail prices, for the violations
specified in Clauses 1 and 2 of this Article;
b/ Forcible refund to the state
budget of illegal profits earned from the commission of administrative
violations, for the violations specified in Clause 2 of this Article.
Section 4:
VIOLATIONS OF REGULATIONS ON PETROL AND OIL MEASUREMENT AND QUALITY CONTROL
Article 15.
Violations of regulations on use of measuring devices in petrol and oil trading
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for one of the following violations:
a/ Using an expired inspection
certificate, seal or stamp for a petrol and oil measuring device;
b/ Using an erased, modified or
forged inspection certificate.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for one of the following violations:
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b/ Changing the technical state
and measuring characteristics of a measuring device by impacting, adjusting,
repairing, replacing, adding details to or pulling out details from a measuring
device or using other equipment to correct errors of a measuring device in
excess of the permitted limit;
c/ Using an erroneous or broken
measuring device or using measuring device not in compliance with regulations
on petrol and oil measurement;
d/ Using a petrol and oil
measuring device without an inspection certificate, seal or stamp under
regulations;
e/ Failing to inspect measuring
devices within the prescribed time limit at the request of a competent agency;
f/ Committing another
measurement fraud in selling petrol and oil.
3. Additional sanctioning measures:
a/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading for up to 12
months, for the violations specified in Clause 2 of this Article;
b/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading for more than 12
months, for the violations specified in Clause 2 of this Article, in case of
repeated violation commission or recidivism during the period of price
stabilization;
c/ Revocation of an inspection
certificate, for the violations specified at Point c, Clause 1, and Points b
and c, Clause 2 of this Article;
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4. Remedial measures:
a/ Forcible termination of use
of violating measuring devices and forcible inspection of measuring devices
before being used, for the violations specified at Point a, Clause 1, and
Points a, d, e and f, Clause 2 of this Article;
b/ Forcible refund to the state
budget of illegal profits earned from the commission of administrative
violations, for the violations specified at Points b, c and f, Clause 2 of this
Article.
Article 16.
Violations of regulations on quality of petrol and oil in market circulation
1. A fine of between VND 10,000,000
and 20,000,000 shall be imposed on petrol and oil general agents, agents or
retail stores for putting into circulation petrol and oil of quality
unconformable with national technical regulations or standards announced for
application.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for one of the following violations:
a/ Putting into circulation
petrol and oil without obtaining a certificate of conformity with national
technical regulations or of quality not up to standards announced for
application, for petrol and oil producers;
b/ Putting into circulation
petrol and oil of quality unconformable with national technical regulations or
standards announced for application, for petrol and oil importers;
c/ Changing or committing a
fraud in petrol and oil quality in the course of service provision, for petrol
and oil service providers.
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a/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading or a petrol and oil
import or export license for up to 12 months, for the violations specified in
Clause 1, and at Points a and b, Clause 2 of this Article;
b/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading or a petrol and oil
import or export license for more than 12 months, for the violations specified
in Clause 1, and at Points a and b, Clause 2 of this Article, in case of
repeated violation commission or recidivism during the period of price
stabilization.
4. Remedial measures:
a/ Forcible termination of
circulation of petrol and oil without certificates of conformity with national
technical regulations or of inferior-quality petrol and oil, for the violations
specified in this Article;
b/ Forcible recall of petrol and
oil volumes without certificates of conformity with national technical
regulations or of inferior-quality petrol and oil volumes currently in market
circulation, for the violations specified in this Article;
c/ 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 4 of this Article or for petrol
and oil harmful to health, safety and the environment.
Section 5:
VIOLATIONS OF OTHER REGULATIONS ON PETROL AND OIL TRADING
Article 17.
Violations of regulations on registration of distribution systems
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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 of between VND
10,000,000 and 20,000,000 shall be imposed on petrol and oil general agents for
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 of 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 for 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.
4. Additional sanctioning form:
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5. Remedial measure:
Forcible compliance with
regulations on registration of distribution systems, for the violations
specified in this Article.
Article 18.
Violations of regulations on petrol and oil sellers and buyers
1. A fine of between VND
20,000,000 and 30,000,000 shall be imposed on petrol and oil general agents,
agents or retail stores for trading in petrol and oil with entities outside
their distribution systems, except the case of selling petrol and oil directly
to consumers.
2. A fine of between VND
30,000,000 and 40,000,000 shall be imposed on wholesale traders for selling
petrol and oil to entities outside their distribution systems, except the case
of selling petrol and oil directly to industrial production households and
other wholesale traders.
3. Additional sanctioning forms:
a/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading or a petrol and oil
import or export license for up to 12 months, for the violations specified in
this Article;
b/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading or a petrol and oil
import or export license for more than 12 months, for the violations specified
in this Article, in case of repeated violation commission or recidivism during
the period of price stabilization.
4. Remedial measure:
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Article 19.
Violations of regulations on petrol and oil trading general agency and agency
1. A fine of between VND 20,000,000
and 30,000,000 shall be imposed on petrol and oil retail agents for acting as
retail agents for general agents or wholesale traders in excess of the
prescribed number of general agents or whole traders.
2. A fine of between VND
30,000,000 and 40,000,000 shall be imposed on petrol and oil trading general
agents for acting as general agents for wholesale trades in excess of the
prescribed number of wholesale traders.
3. A fine of between VND
40,000,000 and 50,000,000 shall be imposed for one of the following violations:
a/ Having petrol and oil general
agents or agents without entering into petrol and oil trading agency contracts
under regulations, for wholesale traders;
b/ Acting as petrol and oil
trading general agents or agents without entering into petrol and oil trading
agency contracts under regulations, for enterprises.
4. A fine of between VND
50,000,000 and 60,000,000 shall be imposed on wholesale traders for entering
into petrol and oil trading general agency or agency contracts with enterprises
unqualified for acting as petrol and oil trading general agents or agents under
regulations.
5. Remedial measure:
Forcible compliance with
regulations on petrol and oil general agents and retail agents, for the
violations specified in this Article.
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1. A fine of between VND
50,000,000 and 60,000,000 shall be imposed on petrol and oil general agents or
retail agents for conducting transshipment or ship-to-ship transfer of petrol
and oil not at prescribed places.
2. A fine of between VND
60,000,000 and 70,000,000 shall be imposed on wholesale traders for conducting
transshipment or ship-to-ship transfer of petrol and oil not at prescribed
places.
3. Remedial measure:
Forcible conduct of
transshipment or ship-to-ship transfer of petrol and oil at prescribed places,
for the violations specified in this Article.
Article 21.
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 of between VND
40,000,000 and 50,000,000 shall be imposed on:
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 of between VND
50,000,000 and 60,000,000 shall be imposed for 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.
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a/ Importing petrol and oil of
quantities and categories lower than the minimum quota and categories annually
assigned by competent state management agencies;
b/ Producing petrol and oil of
quantities lower than those indicated in registered plans annually certified by
competent state management agencies;
c/ Importing petrol and oil
production materials beyond plans registered with competent state management
agencies.
4. Additional sanctioning forms:
a/ Deprivation of the right to
use a petrol and oil import or export license for up to 12 months, for the
violations specified at Points a and c, Clause 3 of this Article;
b/ Deprivation of the right to
use a petrol and oil import or export license for more than 12 months, for the
violations specified at Points a and c, Clause 3 of this Article, in case of
repeated violation commission or recidivism during the period of price stabilization.
5. Remedial measure:
Forcible strict implementation
of petrol and oil production plans, import quotas or petrol and oil production
material import plans under regulations, for the violations specified in Clause
3 of this Article.
Article 22.
Violations of regulations on reserve of petrol, oil and their production
materials
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a/ Maintaining a petrol and oil
production material reserve level lower than the minimum level indicated in a
plan registered with a competent state management agency;
b/ Maintaining a petrol and oil
circulation reserve level lower than the prescribed minimum level, for those
having market distribution systems.
2. A fine of between VND
60,000,000 and 70,000,000 shall be imposed on petrol and oil importers or
exporters for maintaining a petrol and oil circulation reserve level lower than
the prescribed minimum level.
3. Additional sanctioning forms:
a/ Deprivation of the right to
use a petrol and oil import or export license for up to 12 months, for the
violations specified at Point b, Clause 1, and in Clause 2 of this Article;
b/ Deprivation of the right to
use a petrol and oil import or export license for more than 12 months, for the
violations specified at Point b, Clause 1, and in Clause 2 of this Article, in
case of repeated violation commission or recidivism during the period of price
stabilization.
4. Remedial measure:
Forcible compliance with
regulations on petrol and oil circulation reserve or petrol and oil production
material reserve, for the violations specified in this Article.
Article 23.
Violations of regulations on signboards
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2. A fine of between VND
30,000,000 and 40,000,000 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.
3. Remedial measure:
Forcible compliance with
regulations on display of wholesale traders on signboards of their petrol and
oil retail stores, for the violations specified in this Article.
Article 24.
Violations of regulations on sale of petrol and oil
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed on petrol and oil retail stores 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 of between VND
20,000,000 and 30,000,000 shall be imposed on petrol and oil retail stores for
one of the following violations:
a/ Reducing the selling time
currently displayed or applied without a plausible reason;
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c/ Reducing petrol and oil
volumes to be sold compared to previously sold ones without a plausible reason.
3. A fine of between VND
40,000,000 and 50,000,000 shall be imposed on general agents or wholesale
traders for reducing petrol and oil volumes to be sold compared to previously
sold ones without a plausible reason.
4. Additional sanctioning forms:
a/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading or a petrol and oil
import or export license for up to 12 months, for the violations specified in
Clauses 2 and 3 of this Article;
b/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading or a petrol and oil
import or export license for more than 12 months, for the violations specified
in Clauses 2 and 3 of this Article, in case of repeated violation commission or
recidivism during the period of price stabilization.
5. Remedial measure:
Forcible compliance with
regulations on sale of petrol and oil, for the violations specified in this
Article.
Article 25.
Violations of regulations on cross-border petrol and oil transportation,
trading or exchange
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed 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.
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3. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for a violation specified 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 of between VND
30,000,000 and 40,000,000 shall be imposed for a violation specified 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 of between VND
40,000,000 and 60,000,000 shall be imposed for a violation specified in Clause
1 of this Article and involving a petrol and oil value of between over VND
70,000,000 and under 100,000,000.
6. A fine of between VND
60,000,000 and 70,000,000 shall be imposed for a violation specified in Clause
1 of this Article, involving a petrol and oil value of VND 100,000,000 or more
and not subject to penal liability examination.
7. Additional sanctioning forms:
a/ Confiscation of petrol and
oil, for the violations specified in this Article;
b/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading or a petrol and oil
import or export license for up to 12 months, for the violations specified in
this Article;
c/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading or a petrol and oil
import or export license for more than 12 months, for the violations specified
in this Article, in case of repeated violation commission or recidivism.
d/ Confiscation of vehicles and
vessels for petrol and oil transportation, for the violations specified in this
Article, in case the violating goods value is VND 100,000,000 or more, repeated
violation commission or recidivism or violation during the price stabilization
period, use of number plates not registered for these vehicles or vessels or
number plates not granted by competent state management agencies, modification
of these vehicles or vessels for transportation of violating goods, avoiding or
obstructing persons on official duty, except the cases specified in the 2002
Ordinance on Handling of Administrative Violations, and Clause 2, Article 12 of
the Government's Decree No. 128/2008/ND-CP of December 16, 2008, detailing a
number of articles of the 2002 Ordinance and the 2008 Amending a Number of
Articles of the 2002 Ordinance.
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Trading in smuggled petrol and
oil shall be sanctioned under Article 22 of the Government's Decree No.
06/2008/ND-CP of January 16, 2008, on sanctioning of administrative violations
in commercial activities, which was amended under the Government's Decree No.
112/2010/ND-CP of December 1,2010.
Article 27.
Violations of regulations on management of petrol and oil trading in border
areas
1. A fine of between VND 5,000,000
and 10,000,000 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 of between VND
10,000,000 and 20,000,000 shall be imposed for a violation specified 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 of between VND
20,000,000 and 30,000,000 shall be imposed for a violation specified 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 of between VND
30,000,000 and 40,000,000 shall be imposed for a violation specified 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 of between VND
40,000,000 and 60,000,000 shall be imposed for a violation specified in Clause
1 of this Article and involving a petrol and oil value of between over VND
70,000,000 and 100,000,000.
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7. A fine of between VND
10,000,000 and 20,000,000 shall be imposed on petrol and oil retail stores in
border areas for one of the violations of the regulation on management of
petrol and oil trading in border areas promulgated by the Ministry of Industry
and Trade which are not specified in this Decree.
8. Additional sanctioning forms:
a/ Confiscation of petrol and
oil, for the violations specified in this Article;
b/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading for up to 12
months, for petrol and oil retail stores committing the violations specified in
this Article;
c/ Deprivation of the right to
use a certificate of eligibility for petrol and oil trading for more than 12
months, for petrol and oil retail stores committing the violations specified in
this Article, in case of repeated violation commission or recidivism or
violation in the price stabilization period.
9. Remedial measure:
Forcible compliance with
regulations on management of petrol and oil trading in border areas, for the
violations specified in this Article.
Chapter
III
COMPETENCE AND
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN PETROL AND OIL TRADING
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Chairpersons of People's
Committees at all levels may sanction administrative violations in petrol and
oil trading specified in this Decree according to the competence provided in
the 2002 Ordinance on Handling of Administrative Violations, which was amended
in 2008.
Article 29.
Competence of the market management agency to sanction administrative
violations
1. Competent persons of the
market management agency defined in the 2002 Ordinance on Handling of
Administrative Violations may sanction administrative violations in petrol and
oil trading specified in this Decree.
2. Competence of heads of market
management teams to sanction administrative violations under Clause 1 of this
Article:
a/ To serve warnings;
b/ To impose fines of up to VND
5,000,000;
c/ To confiscate physical
evidence and means used for commission of administrative violations, which are
valued up to VND 30,000,000;
d/ To compel the application of
measures to remedy consequences of administrative violations specified in this
Decree.
3. Competence of directors of
market management sub-departments to sanction administrative violations under
Clause 1 of this Article:
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b/ To impose fines of up to VND
20,000,000;
c/ To deprive of the right to
use certificates of eligibility for petrol and oil trading;
d/ To confiscate physical
evidence and means used for commission of administrative violations;
e/ To compel the application of
measures to remedy consequences of administrative violations specified in this
Decree.
4. Competence of the director of
the Market Management Department to sanction administrative violations under
Clause 1 of this Article:
a/ To serve warnings;
b/ To impose fines of up to VND
70,000,000;
c/ To deprive of the right to
use certificates of eligibility for petrol and oil trading or petrol and oil
import or export licenses;
d/ To confiscate physical
evidence and means used for commission of administrative violations;
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Article 30.
Competence of the police, customs, border guards, marine police and specialized
inspectorates to sanction administrative violations
Persons with the administrative
violation sanctioning competence of the police, customs, border guards, marine
police and specialized inspectorates may sanction administrative violations in
petrol and oil trading specified in this Decree which are committed in localities
or sectors under their management according to the competence provided in the
2002 Ordinance on Handling of Administrative Violations, which was amended in
2008.
Article 31.
Principles of determining sanctioning competence and authorized sanctioning of
administrative violations in petrol and oil trading
The principles of determining
sanctioning competence and authorized sanctioning of administrative violations
in petrol and oil trading comply with the 2002 Ordinance on Handling of
Administrative Violations, which was amended in 2008, and the Government's
Decree No. 128/2008/ND-CP of December 16, 2008, detailing the implementation of
a number of articles of the 2002 Ordinance and the 2008 Ordinance Amending and
Supplementing a Number of Articles of the 2002 Ordinance.
Article 32.
Procedures for sanctioning administrative violations and executing sanctioning
decisions and other provisions concerning the sanctioning of administrative
violations in petrol and oil trading
The procedures for sanctioning
administrative violations and executing sanctioning decisions and other
provisions concerning the sanctioning of administrative violations in petrol
and oil trading comply with the 2002 Ordinance on Handling of Administrative
Violations, which was amended in 2008, and the Government's Decree No. 128/
2008/ND-CP of December 16, 2008, detailing the implementation of a number of
articles of the 2002 Ordinance and the 2008 Ordinance Amending and
Supplementing a Number of Articles of the 2002 Ordinance.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 33.
Effect
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2. To annul Article 10 of the
Government's Decree No. 107/2008/ND-CP of September 22, 2008, on administrative
sanctioning of goods speculation and hoarding, excessive price hiking, rumor
spreading, smuggling and trade frauds.
Article 34.
Implementation responsibility
1. The Minister of Industry and
Trade shall guide and organize the implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung