THE GOVERNMENT
-------
|
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------
|
No. 99/2020/ND-CP
|
Hanoi, August 26, 2020
|
DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON PETROLEUM, AND PETROL, OIL AND GAS TRADING
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2012;
Pursuant to the Law on
Commerce dated June 14, 2005;
Pursuant to the Law on
Petroleum dated July 06, 1993; Law on amendments to some Articles of the Law on
Petroleum dated June 09, 2000; Law on amendments to some Articles of the Law on
Petroleum dated June 03, 2008;
Pursuant to the Law on
Quality of Products and Goods dated November 21, 2007;
Pursuant to the Law on
Measurement dated November 11, 2011;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Pursuant to the Law on
Prices dated June 20, 2012;
Pursuant to the Law on
Occupational Safety and Health dated June 25, 2015;
Pursuant to the Law on
Fire Prevention and Fighting dated June 29, 2001; Law on amendments to some
Articles of the Law on Fire Prevention and Fighting dated November 22, 2013;
Pursuant to the Law on
Environmental Protection dated June 23, 2014;
At the request of the
Minister of Industry and Trade;
The Government hereby
promulgates a Decree on penalties for administrative violations against
regulations on petroleum, and petrol, oil and gas trading.
Chapter
I
GENERAL
Article
1. Scope
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Administrative
violations specified in this Decree include the following:
a) Violations against
regulations on petroleum, and exploration and extraction thereof (including
petroleum prospecting and exploration and field development, decommissioning of
petroleum installations, construction, installation, and operation of
installations for petroleum extraction, oil refining, petrochemical, petroleum
treatment and processing, storage and transport of petroleum products and
provision of engineering services directly involved in the aforementioned
activities);
b) Violations against
regulations on petrol and oil trading conditions;
c) Violations against
regulations on petrol and oil trading;
d) Violations against
regulations on gas trading conditions;
dd) Violations against
regulations on gas trading.
3. Regulations on
penalties for corresponding administrative violations in the relevant state
management sector shall apply to other administrative violations against
regulations on petroleum, and petrol, oil and gas trading with respect to
environmental protection; standards, measurement and quality of product and
goods; fire prevention and fighting at petroleum installations, petrol, oil and
gas business establishments; registration and declaration of petrol, oil and
liquefied petroleum gas (LPG) prices; disclosure of information about petrol,
oil and gas selling prices and oil and gas price stabilization fund.
Article
2. Regulated entities
1. Vietnamese and foreign
organizations and individuals (hereinafter referred to as “entities”) that
commit the administrative violations mentioned in this Decree within the
territory of the Socialist Republic of Vietnam; the persons who have the power
to record administrative violations and persons who have the power to impose
penalties for administrative violations, and other relevant organizations and
individuals.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Business entities that
are duly established under the Law on Enterprises, consisting of: sole
proprietorships, joint-stock companies, limited liability companies,
partnerships and their affiliates (including branches and representative
offices);
b) Business entities that
are duly established under the Law on Co-operatives, consisting of:
co-operatives and cooperative unions;
c) Organizations that are
duly established under the Law on Investment, consisting of: domestic
investors, foreign investors and foreign-invested economic organizations;
representative offices and branches of foreign traders in Vietnam; representative
offices of foreign trade promotion organizations in Vietnam;
d) Other organizations
prescribed by law.
3. Household businesses
and households shall incur the same penalties as those incurred by individuals
for committing administrative violations specified in this Decree.
Article
3. Definitions
For the purposes of this
Decree, the terms below shall be construed as follows:
1. “petrol and oil
trading licenses” include the license to export/import petrol and oil, certificate
of eligibility to act as a petrol and oil distributor, certificate of
eligibility to act as a petrol and oil general agent, certificate of
eligibility to act as a petrol and oil retail agent and certificate of
eligibility to act as a petrol and oil retail outlet.
2. “gas trading licenses”
include the certificate of eligibility for LPG/LNG/CNG export/import,
certificate of eligibility for LPG/LNG/CNG trading, certificate of eligibility
for bottled LPG retail, certificate of eligibility to produce and repair LPG
bottles, certificate of eligibility to produce mini LPG bottles, certificate of
eligibility to bottle LPG, certificate of eligibility to fill LPG into tank
trucks, certificate of eligibility to fill LNG, CNG or LPG into transport
vehicles and valid certificates of eligibility granted prior to the effective
date of the Government’s Decree No. 87/2018/ND-CP dated June 15, 2018
(including certificate of eligibility to act as a petrol and oil distributor,
certificate of eligibility to act as a LPG general agent and certificate of
eligibility to act as an LPG agent).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. For each
administrative violation against regulation on petroleum, petrol, oil and gas trading,
the violator shall incur a main penalty being a fine. Maximum fine for a
violation against regulations on petroleum exploration and extraction incurred
by an individual and an organization is VND 1,000,000,000 and VND 2,000,000,000
respectively; maximum fine for a violation against regulations on petrol and
oil trading incurred by an individual and an organization is VND 100,000,000
and VND 200,000,000 respectively.
2. Depending on the
nature and severity of the violation, the violator may also incur one or more
of the following additional penalties:
a) Suspension of the
petrol and oil trading license or the gas trading license for 01 – 06 months or
suspension of operation for 01 – 06 months;
b) Confiscation of the
exhibits and instrumentalities used for administrative violation commission;
c) Deportation.
3. In addition to the
abovementioned penalties, the violator may be liable to one or more of the
following remedial measures:
a) Enforced restoration
to original condition;
b) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of
petrol, oil and raw materials used for producing petrol, oil and gas;
c) Enforced recall of LPG
bottles, bottled LPG or mini LPG bottles that fail to meet the conditions for
circulation on the market;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Enforced carrying out
of inspection, maintenance and replacement of LPG bottles and gas-fueled
auxiliary equipment which are not safe for users;
e) Enforced return of LPG
bottles to the legal owners, managers or users.
Article
5. Fines
The fines prescribed in
Chapters II, III and IV hereof are those imposed on organizations. If an
administrative violation is committed by an individual, the fine imposed on
such individual equals to one half of the fine imposed on an organization.
Chapter
II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES IN CASE OF VIOLATIONS AGAINST
REGULATIONS ON PETROLEUM EXPLORATION AND EXTRACTION
Article
6. Violations against regulations on petroleum exploration
1. A fine ranging from
VND 100,000,000 to VND 300,000,000 shall be imposed for failure to provide
documents and specimens obtained during the drilling process to the competent
authority as prescribed.
2. A fine ranging from
VND 300,000,000 to VND 400,000,000 shall be imposed for drilling outside the
area specified in the petroleum contract when the competent agency has not
granted permission but no sources of income have been generated or the illegal
profit obtained is less than VND 100,000,000.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from
VND 600,000,000 to VND 800,000,000 shall be imposed for prospecting and/or
exploring petroleum within an area which the Socialist Republic of Vietnam has
declared as a prohibited or temporarily prohibited area but no sources of
income have been generated or the illegal profit obtained is less than VND
100,000,000.
5. A fine ranging from
VND 1,800,000,000 to VND 2,000,000,000 shall be imposed for infringing upon any
land, island, internal waters, territorial sea, exclusive economic zone or
continental shelf of the Socialist Republic of Vietnam for the purposes of
researching, prospecting and exploring petroleum but no sources of income have
been generated or the illegal profit obtained is less than VND 100,000,000.
6. A fine equal to the
maximum fine of the fine bracket shall be imposed for the violations prescribed
in Clauses 2, 3, 4 and 5 of this Article if the illegal profit obtained is at
least VND 100,000,000 while no criminal prosecution is brought.
7. Additional measures:
a) The exhibit or
instrumentality used for committing the administrative violation in Clause 2,
3, 4, 5 or 6 of this Article shall be confiscated;
b) The foreign national
who commits the violation specified in Clause 4, 5 or 6 of this Article shall
be deported.
8. Remedial measures:
The violator is compelled
to:
a) restore the original
condition if any of the violations specified in Clause 2, 3, 4 or 6 of this
Article is committed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
7. Violations against regulations on field development and petroleum extraction
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to keep records
of field development, petroleum extraction, equipment measurement, total flow
measurement or flow checking equipment measurement as prescribed.
2. A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for any of the following
violations:
a) Extracting petroleum
with an output which reduces the reservoir pressure to a level lower than that
approved without permission of the competent authority as prescribed;
b) Failure to correctly
follow the process for burning and discharging associated gas;
c) During the process of
well testing, extracting petroleum in excess of the volume allowed by the competent
authority organization to be burnt or disposed of;
d) extracting associated
gas in case the gas oil ratio is higher than the approved limit, without
approval by the competent agency organization.
3. A fine ranging from
VND 300,000,000 to VND 400,000,000 shall be imposed for any of the following
violations:
a) Failure to comply with
a request of the Government of Vietnam for selling crude oil and natural gas on
the Vietnamese market
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from
VND 400,000,000 to VND 500,000,000 shall be imposed for any of the following
violations:
a) Carrying out field
development and petroleum extraction when the competent authority has not
granted approval of the field development plan or work program and
corresponding annual budget;
b) Extracting petroleum
outside the area specified in the contract without permission of the competent
authority.
5. A fine ranging from
VND 500,000,000 to VND 600,000,000 shall be imposed for extracting petroleum
within an area which the Socialist Republic of Vietnam has declared as a
prohibited or temporarily prohibited area.
6. A fine ranging from
VND 1,800,000,000 to VND 2,000,000,000 shall be imposed for infringing upon any
land, island, internal waters, territorial sea, exclusive economic zone or
continental shelf of the Socialist Republic of Vietnam with a view to petroleum
extraction.
7. Additional measures:
a) The exhibit or
instrumentality used for committing the administrative violation in Clause 4, 5
or 6 of this Article shall be confiscated;
b) The foreign national
who commits the violation specified in Clause 5 or 6 of this Article shall be
deported.
8. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) return the illegal
profits obtained from the violations specified in Point b Clause 4 and Clause 5
of this Article;
b) restore the original
condition if the violation in Clause 5 of Article is committed.
Article
8. Violations against regulations on closure of petroleum prospecting,
exploration and extraction projects
1. A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for failure to submit to
the competent authority the decommissioning plan for dismantlement of fixed
installations for petroleum prospecting, exploration and extraction in
accordance with regulations.
2. A fine ranging from
VND 300,000,000 to VND 500,000,000 shall be imposed for any of the following
violations:
a) Failure to dismantle
fixed installations for petroleum prospecting, exploration and extraction
according to the decommissioning plan approved by the competent authority;
b) Failure to correctly
implement the regulations on preservation and disposal of oil wells.
Article
9. Violations against regulations on petroleum safety and security
1. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Failure to formulate
adequate safety management documents, including a safety management program,
risk assessment report and emergency response plan as prescribed.
2. A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed for any of the following
violations:
a) Failure to establish a
non-hazardous area and failure to maintain safety signals on installations
serving petroleum activities as prescribed;
b) Put a prospecting,
exploration and extraction installation into operation before the competent
authority certifies their technical and environmental safety under Vietnam’s
laws and international agreements to which Socialist Republic of Vietnam is a signatory;
c) Anchoring a ship or
boat within 02 nautical miles from the outer perimeter of the offshore oil and
gas facility;
d) Illegally infringing
or illegally conducting any activity within the non-hazardous area of offshore
oil and gas facilities without permission of the Prime Minister.
3. A fine ranging from
VND 200,000,000 to VND 300,000,000 shall be imposed for obstructing legal
prospecting, exploration, extraction and transport of petroleum.
4. Additional measures:
The prospecting,
exploration and extraction installation shall be suspended for 01 - 03 months
if the violation specified in Point b Clause 2 of this Article is committed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Penalties for
administrative violations against regulations on oil spill response shall be
imposed in accordance with the Government’s regulations on penalties for
administrative violations against regulations on environmental protection.
Article
11. Violations against regulations on safety of onshore oil and gas facilities
1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for carrying out any activity
that poses the risk of directly or indirectly harming the safety of oil and gas
facilities, including:
a) The activities that
potentially cause fire, explosion or subsidence within the affected area from
the boundary of the safety perimeter to that of the affected area;
b) Planting perennial
plants within the safety perimeter of onshore oil and gas facilities;
c) Discharge of corrosive
substances;
d) Anchoring of vehicles
and equipment that may affect safety of oil and gas facilities.
2. A fine ranging from
VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following
violations:
a) Failure to formulate
or maintain adherence to the operation and maintenance process, safety
regulations and incident handling process;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Putting an oil and gas
facility or pipeline system into operation without permission of the competent
authority;
d) Failure to maintain
signboards or prohibition signs as prescribed to ensure safety of facilities
and pipeline corridors.
3. Remedial measures:
The violator is compelled
to restore the original condition if any of the violations specified in Point
a, b or c Clause 1 of this Article is committed.
Article
12. Violations against regulations on reporting and provision of information
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Failure to provide one
of the following documents as prescribed: Quarterly or annual reports on the
extracted output, composition and proportion of petroleum extracted from each
field and by petroleum, and volume of petroleum removed;
b) Failure to report the
execution of projects petroleum activities or report important events and
incidents related to petroleum activities;
c) Failure to report the
management of safety and precautions;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The Government’s
regulations on penalties for administrative violations against regulations on
security, and social order and safety shall apply to imposition of penalties
for failure to provide documents or provide inadequate documents thereby
obstructing the petroleum-related inspection by law enforcers and competent
authorities.
Article
13. Violations against regulations on insurance for petroleum activities
A fine ranging from VND
80,000,000 to VND 100,000,000 shall be imposed for failure to buy insurance for
vehicles and works serving petroleum activities, environmental insurance and
other types of insurance in accordance with Vietnamese laws and Good
International Petroleum Industry Practices.
Chapter
III
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES IN CASE OF VIOLATIONS AGAINST
REGULATIONS ON PETROL AND OIL TRADING
Section
1. VIOLATIONS AGAINST REGULATIONS ON PETROL AND OIL TRADING CONDITIONS
Article
14. Violations against regulations on conditions to be satisfied by petrol and
oil retail outlets
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed:
a) on a petrol and oil
retail outlet that operates without maintaining its satisfaction of conditions
in conformity with the national technical regulation on design requirements for
petrol and oil retail outlets; or
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) for employing the
manager or staff who has not been trained in fire safety and environmental
protection as prescribed to work at the petrol and oil retail outlet.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a trader retailing petrol
at an establishment failing to have the certificate of eligibility to act as a
petrol and oil retail outlet unless otherwise prescribed by law.
3. Additional measures:
The certificate of
eligibility to act as a petrol and oil retail outlet shall be suspended for 01
- 03 months if the violation specified in Point a or b Clause 1 of this Article
is committed.
4. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violation specified in Clause 2
of this Article.
Article
15. Violations against regulations on trading conditions to be satisfied by
petrol retail franchisees and petrol retail agents
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for employing the manager or
staff who has not been trained in fire safety and environmental protection as
prescribed, except for the case prescribed in Point c Clause 1 Article 14
hereof.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed on a petrol retail franchisee
or petrol retail agent that does not have a petrol and oil retail outlet under
its ownership or both its ownership and co-ownership which is granted the
certificate of eligibility to act as a petrol and oil retail outlet in
accordance with regulations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The certificate of
eligibility to act as a petrol and oil retail agent or the petrol and oil
trading shall be suspended for 01 - 03 months if the violation specified in
Clause 2 of this Article is committed.
Article
16. Violations against regulations on trading conditions to be satisfied by
petrol and oil general agents
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for employing the manager or
staff who has not been trained in fire safety and environmental protection as
prescribed, except for the case prescribed in Point c Clause 1 Article 14
hereof.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Failure to satisfy the
conditions for petrol and oil transport vehicles as prescribed;
b) Failure to satisfy the
conditions for petrol and oil depots and tanks as prescribed.
3. A fine ranging from
VND 50,000,000 to VND 80,000,000 shall be imposed for failure to satisfy the
conditions for the petrol and oil distribution system as prescribed.
4. Additional measures:
The certificate of
eligibility to act as a petrol and oil general agent shall be suspended for 01
- 03 months if the violation specified in Clause 2 or 3 of this Article is
committed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for employing the manager or
staff who has not been trained in fire safety and environmental protection as
prescribed, except for the case prescribed in Point c Clause 1 Article 14
hereof.
2. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
a) Failure to satisfy the
conditions for petrol and oil transport vehicles as prescribed;
b) Failure to satisfy the
conditions for petrol and oil depots and tanks as prescribed.
3. A fine ranging from
VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Failure to satisfy the
conditions for the petrol and oil distribution system as prescribed;
b) Failure to satisfy the
conditions for testing laboratories as prescribed.
4. Additional measures:
The certificate of
eligibility to act as a petrol and oil distributor shall be suspended for 01 -
03 months if the violation specified in Clause 2 or 3 of this Article is
committed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following
violations:
a) Failing to satisfy the
conditions for special-use wharves intended for receiving oil tankers or petrol
and oil transport vehicles as prescribed;
c) Failure to satisfy the
conditions for vehicles intended for domestic petrol and oil transport as
prescribed;
c) Failure to satisfy the
conditions for petrol and oil depots as prescribed.
2. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for failure to satisfy the
conditions for the petrol and oil distribution system as prescribed or failure
to have jet fuel filling equipment under the ownership or co-ownership for an
exporter or importer of jet fuel.
3. Additional measures:
The license for petrol
and oil export/import shall be suspended for 01 - 03 months if the violation
specified in Point b or c Clause 1 or Clause 2 of this Article is committed.
Article
19. Violations against regulations on conditions for provision of petrol and
oil services
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for employing the manager or
staff who has not been trained in fire safety and environmental protection as
prescribed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Providing port or
petrol and oil depot lease services without satisfying the conditions for
special-use wharves or depots as prescribed;
b) Providing petrol and
oil transport services without satisfying the conditions for special-use
vehicles intended for petrol and oil transport as prescribed.
3. Additional measures:
The provision of petrol
and oil services shall be suspended for 01 - 03 months if the violation in
Clause 2 of this Article is committed.
Article
20. Other violations against regulations on petrol and oil trading conditions
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for making interlineations,
erasures or alternations on the petrol and oil trading license.
2. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Leasing, lending,
selling or transferring the petrol and oil trading license or putting up it as
collateral;
b) Renting, borrowing or
acquiring the petrol and oil trading license or receiving it as collateral.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Trading petrol and oil
without a petrol and oil trading license as prescribed, except for the cases
specified in Clause 2 Article 14 and Clause 2 Article 27 hereof;
b) Trading petrol and oil
with an expired petrol and oil trading license;
c) Using another trader’s
petrol and oil trading license to trade petrol and oil;
d) Trading petrol and oil
against the issued petrol and oil trading license.
4. A fine ranging from
VND 60,000,000 to VND 100,000,000 shall be imposed for continuing to carry out
business activities while the competent authority has suspended operation,
suspended or revoked the petrol and oil trading license, except for case
specified in Clause 2 Article 27 hereof.
5. A fine that is twice
as much as the fine imposed for the violations mentioned in Clause 1 through 4
of this Article shall be imposed for an administrative violation committed by a
petrol and oil exporter/importer, petrol and oil distributor petrol oil general
agent.
6. Additional measures:
a) The exhibit used for
committing the violation in Clause 1 of this Article shall be confiscated;
b) The petrol and oil trading
license shall be suspended for 01 - 03 months if the violation specified in
Point a Clause 2 of this Article is committed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The violator is compelled
to return the illegal profits obtained from the violations specified in Point a
Clause 2, Clause 3 and Clause 4 of this Article.
Section
2. VIOLATIONS AGAINST REGULATIONS ON PETROL AND OIL TRADING
Article
21. Violations against petrol and oil retail prices and process for adjusting
petrol and oil retail prices
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for listing petrol and oil
retail prices inconsistently with those regulated by petrol and oil wholesalers
or distributors.
2. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for deliberately adjusting
petrol and oil retail prices and oil retail prices at the time other than the
one regulated by petrol and oil wholesalers or distributors.
3. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed for failure to send notifications
or failure to send decisions on petrol and oil retail prices applied to units
belonging to the petrol and oil distribution system ahead of the effective time
of these prices in the case of any increase or decrease in petrol and oil
retail prices.
4. A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for failure to correctly
implement regulations on the sequence of adjusting prices or failure to
implement regulations on the minimum time interval between two consecutive
price adjustments in the case of adjusting the petrol and oil retail prices.
5. Additional measures:
The certificate of
eligibility to act as a petrol and oil retail outlet shall be suspended for 01
- 03 months if the violation prescribed in Clause 2 is repeated.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The violator is compelled
to return the illegal profits obtained from the violation specified in Clause 2
of this Article.
Article
22. Violations against regulations on registration of petrol and oil
distribution systems and on sale and purchase of petrol and oil under
distribution systems
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Failure to register
the distribution system with a competent authority in accordance with
regulations;
b) Committing fraud in
declaration and registration of a distribution system;
c) Failure to send
information on the petrol and oil distribution system to the principal or the
franchiser to register the distribution system with a competent authority as
prescribed.
2. A fine that is twice
as much as the fine imposed for the violations mentioned in Points a and b
Clause 1 of this Article shall be imposed for an violation committed by a
wholesaler.
3. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed on a petrol and oil general
agent, petrol and oil retail agent, petrol and oil retail franchisee or petrol
and oil retail outlet that purchases or sells petrol and oil from or to an
entity outside its distribution system, except the case of selling petrol and
oil directly to consumers.
4. A fine ranging from
VND 60,000,000 to VND 100,000,000 shall be imposed on:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) a wholesaler that
sells petrol and oil to an entity outside its distribution system, except for
the case of selling petrol and oil to other wholesalers, petrol and oil
distributors and units directly producing petrol and oil and directly selling
petrol and oil to consumers.
5. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violations specified in Clauses
3 and 4 of this Article.
Article
23. Violations against regulations on appointing petrol and oil agents and
acting as petrol and oil retail agents
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Concluding contracts
to act as a petrol and oil retail agent with a number of principals that
exceeds the maximum permissible number of petrol and oil general agents or
distributors or wholesalers as prescribed;
b) Acting as a petrol and
oil agent without a petrol and oil agent contract as prescribed or with an
expired petrol and oil agent contract.
2. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed on a petrol and oil general
agent for any of the following violations:
a) Concluding contracts
to act as a general agent with a number of wholesalers that exceeds the maximum
permissible number as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Appointing a petrol
and oil agent without a petrol and oil agent contract as prescribed;
d) Concluding a petrol
and oil agent contract with a petrol and oil trader during the period such
petrol and oil trader is a petrol and oil agent for another wholesaler or
another petrol and oil distributor another petrol and oil general agent.
3. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed on a petrol and oil
distributor for any of the following violations:
a) Concluding a petrol
and oil agent contract with a petrol and oil retail agent that fails to satisfy
all conditions as prescribed;
b) Appointing a petrol
and oil agent without a petrol and oil agent contract as prescribed;
c) Concluding a contract
to act as a petrol and oil agent for another wholesaler or to act as a petrol
and oil retail agent for another petrol and oil general agent;
d) Concluding a petrol
and oil agent contract with a petrol and oil trader during the period such
petrol and oil trader is a petrol and oil agent for another wholesaler or
another petrol and oil distributor another petrol and oil general agent.
4. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Appointing a petrol
and oil agent without a petrol and oil agent contract as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Concluding a petrol
and oil agent contract with a petrol and oil retail agent that is ineligible to
act as a petrol and oil agent as prescribed.
5. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violations specified in this
Article.
Article
24. Violations against regulations on concluding petrol and oil sale contracts
and petrol and oil retail franchise contracts
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed on a petrol and oil retail
franchisee for any of the following violations:
a) Concluding a contract
to act as a petrol and oil retail franchisee with a number of wholesalers or
petrol and oil distributors that exceeds the maximum permissible number as
prescribed;
b) Concluding a contract
to act as an agent for a petrol and oil general agent or petrol and oil
distributor wholesaler.
2. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed on a petrol and oil
distributor for any of the following violations:
a) Purchasing petrol and
oil from a wholesaler or subsidiary authorized by the wholesale trader or
another petrol and oil distributor without a petrol and oil sale contract as
prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed on a wholesaler for any of
the following violations:
a) Concluding a petrol
and oil retail franchise contract with a petrol and oil retail franchisee in
case such trader belongs to another wholesaler or distributor’s distribution
system;
b) Selling petrol and oil
to a petrol and oil distributor that fails to satisfy all conditions as
prescribed or without a petrol and oil sale contract as prescribed.
4. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violations specified in this
Article.
Article
25. Violations against regulations on transshipment or ship-to-ship transfer of
petrol and oil
A fine ranging from VND
20,000,000 to 40,000,000 shall be imposed for failure to transship or
ship-to-ship transfer petrol and oil at the designated place or transshipping
or ship-to-ship transferring petrol and oil from a large ship or another means
of transport which cannot be accommodated by the Vietnamese port inconsistently
with the port authority’s regulations.
Article
26. Violations against regulations on provision of petrol and oil services
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for transporting petrol and
oil but inlet door, exhaust valve handle or exhaust cover cap of the petrol and
oil tank is not sealed with lead as regulated or is not sealed with the leaden
seal or seal specified in the original petrol delivery record.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Concluding a depot
lease contract with the total capacity exceeding the actual total capacity of
the depot;
b) Failure to install
equipment for inspecting and supervising vehicles transporting petrol and oil
or having inoperative or ineffective equipment for inspecting and supervising
vehicles transporting petrol and oil.
3. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violation specified in Point a
Clause 2 of this Article.
Article
27. Violations against regulations on production, export, import and transit of
petrol and oil and raw materials used for producing petrol and oil, and
temporary import and processing thereof for export
1. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed on a petrol and oil producer
that exports petrol and oil which such producer does not produce or process for
export.
2. A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed for temporarily importing
or transitting petrol and oil and raw materials used for producing petrol and
oil without the petrol and oil import or export license as prescribed or after
the suspension or revocation of such license.
3. A fine ranging from
VND 120,000,000 to VND 140,000,000 shall be imposed for any of the following
violations:
a) Failure to import
adequate quantities and/or categories of petrol and oil as annually assigned by
competent authorities;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Additional measures:
The exhibit used for
committing the violation in Clause 1 of this Article shall be confiscated.
5. Remedial measures:
The violator is compelled
to:
a) remove petrol and oil
or raw materials used for producing petrol and oil from the territory of the
Socialist Republic of Vietnam or re-export them if the violation in Clause 2 of
this Article is committed;
b) return the illegal
profits obtained from the violations specified in Clauses 1 and 2 of this
Article.
Article
28. Violations against regulations on petrol and oil blending
1. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed:
a) on a wholesaler that
blends petrol and oil without registering its blending factory as prescribed;
or
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed on a petrol and oil exporter
or importer that blends petroleum products without having a laboratory fully
capable of testing petrol and oil quality in accordance with national technical
regulations as prescribed.
3. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for blending petrol and oil
while not being a wholesaler.
4. Additional measures:
a) The exhibit used for
committing the violation in Clause 2 or 3 of this Article shall be confiscated;
b) The instrumentality
used for committing the administrative violation in Clause 3 of this Article
shall be confiscated;
c) The blending of petrol
and oil shall be suspended for 01 - 03 months if the violation in Clause 2 of
this Article is committed.
Article
29. Violations against regulations on building quality management system and
laboratory capacity management system, implementing the roadmap for blending
biofuels with conventional fuels under the Prime Minister’s regulations
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to build, apply
and maintain the petrol and oil quality management system in an effective
manner as prescribed.
2. A fine that is twice
as much as the fine imposed for the violation mentioned in Clause 1 of this
Article shall be imposed for an administrative violation committed by a
wholesaler, petrol and oil distributor petrol oil general agent.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed on a petrol and oil exporter
or importer that fails to implement the roadmap for application of ratios for
blending biofuels with conventional fuels under the Prime Minister’s
regulations.
Article
30. Violations against regulations on maintaining reserves of petrol and oil
and raw materials used for producing petrol and oil
1. A fine ranging from
VND 100,000,000 to VND 200,000,000 shall be imposed on a petrol and oil
producer that fails to maintain a level of raw material reserves or maintains a
level of raw material reserves lower than the minimum level as prescribed.
2. A fine ranging from
VND 120,000,000 to VND 140,000,000 shall be imposed on a wholesaler that fails
to maintain a level of compulsory petrol and oil reserves or maintains a level
of petrol and oil reserves lower than the minimum level as prescribed.
Article
31. Violations against regulations on cross-border transport, trading in and
exchange of petrol and oil
1. Fines for
transporting, trading and exchanging petrol and oil across the border or from a
non-tariff zone to inland or vice versa against the law are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the petrol and oil involved
in the violation is worth less than VND 10,000,000;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the petrol and oil
involved in the violation is worth from VND 10,000,000 to less than VND
30,000,000;
c) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed if the petrol and oil
involved in the violation is worth from VND 30,000,000 to less than VND
50,000,000;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed if the petrol and oil
involved in the violation is worth from VND 70,000,000 to less than VND
100,000,000.
2. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for the violation in Clause
1 of this Article if the petrol and oil involved in the violation is worth VND
100,000,000 or more but no criminal prosecution is brought.
3. Additional measures:
a) The exhibit used for
committing the violation mentioned in Clause 1 of this Article shall be
confiscated;
b) The vehicle used to
transport petrol and oil across the border shall be confiscated if the exhibit
is worth VND 100,000,000 or more.
Article
32. Violations against regulations on trading in smuggled petrol and oil or
petrol and oil of unclear origin
The Government’s
regulations on penalties for administrative violations against regulations on
commerce, production and trade in counterfeit and prohibited goods, and
protection of consumer rights shall apply to imposition of penalties for
trading smuggled petrol and oil or petrol and oil of unclear origin.
Article
33. Violations against regulations on management of trading in petrol and oil
within border areas and territorial waters
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations if the petrol and oil involved in the violation is worth less than
VND 10,000,000:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Trading in, exchanging
or ship-to-ship transferring petrol and oil at sea with foreign ships, boats or
vehicles.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for the violation in Clause 1
of this Article if the petrol and oil involved in violation is worth from VND
10,000,000 to less than VND 30,000,000.
3. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for the violation in Clause 1
of this Article if the petrol and oil involved in violation is worth from VND
30,000,000 to less than VND 50,000,000.
4. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for the violation in Clause 1
of this Article if the petrol and oil involved in violation is worth from VND
50,000,000 to less than VND 70,000,000.
5. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for the violation in Clause 1
of this Article if the petrol and oil involved in violation is worth from VND
70,000,000 to less than VND 100,000,000.
6. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for the violation in Clause
1 of this Article if the petrol and oil involved in violation is worth from VND
100,000,000 or more.
7. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on a petrol and oil retail
out in a border area for any of the following violations:
a) Failure to comply with
regulations on petrol and oil selling hours in the border area;
b) Failure to comply with
regulations on methods and limits on retailing petrol and oil to infrequent
foreign vehicles.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
9. Additional measures:
a) The exhibit used for
committing the violation mentioned in Clause 1, 2, 3, 4, 5 or 6 of this Article
shall be confiscated;
b) The instrumentality
used for committing the administrative violation in Clause 6 of this Article
shall be confiscated.
10. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violation specified in Point b Clause
7 of this Article.
Article
34. Violations against regulations on signboards
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to display the
name or displaying incorrect name of the wholesaler or the petrol and oil
distributor that supplies petrol and oil on the signboard of a petrol and oil
retail outlet.
2. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed on a petrol and oil
distributor for failure to set out rules for uniform display of the name of the
petrol and oil distributor on the signboard of the petrol and oil retail outlet
within the distribution system.
3. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed on a wholesaler for failure
to set out rules for uniform display of the name of the wholesaler on the
signboard of the petrol and oil retail outlet within the distribution system.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
35. Violations against other regulations on petrol and oil retail
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for failure to display or
clearly display selling time within a sale area as prescribed.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for selling petrol and oil
using a mini filling column, hand-shake pump, barrel, bottle or another
container, except for the case where the trader is a business household or
petrol and oil distribution station belonging to the armed force (national
defense or public security) in a mountainous area or highlands as prescribed
which is allowed by the People’s Committees of a province or central-affiliated
city to act as petrol and oil retail agent with the scale and equipment
relevant to the petrol and oil trading conditions within such area.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to register
selling time of a petrol and oil retail outlet with a competent authority as
prescribed.
4. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Reducing the selling
time shorter than the displayed or previously applied time without a plausible
reason or without notifying a competent authority according to regulations;
b) Failure to sell or
suspend sale without written approval by a competent authority or without
notifying a competent authority as prescribed;
c) Reducing the sales of
sold petrol and oil less than those of previously sold petrol and oil without a
plausible reason or without notifying a competent authority according to
regulations;
5. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for selling petrol and oil
using an automatic or mobile petrol and oil filling column without permission
of the competent authority, except for the case specified in Clause 2 of this
Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The exhibit or
instrumentality used for committing the administrative violation mentioned in
Clause 2 or 5 of this Article shall be confiscated.
7. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violations specified in Clauses
2 and 5 of this Article.
Chapter
IV
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES IN CASE OF VIOLATIONS AGAINST
REGULATIONS ON GAS TRADING
Section
1. VIOLATIONS AGAINST REGULATIONS ON GAS TRADING CONDITIONS
Article
36. Violations against regulations on trading conditions to be satisfied by
petrol and oil exporters and importers
1. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed on an LPG exporter or
importer trading bottled LPG for any of the following violations:
a) Circulating LPG
bottles under its/his/her ownership or LPG bottles hired under a contract
without satisfying all conditions for circulation on the market;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed on a gas exporter or importer
for any of the following violations:
a) Failure to have a
wharf or a contract for leasing a wharf within Vietnam’s port system for at
least 5 years whose use has been permitted by a competent authority as
prescribed;
b) Owning gas tanks or
concluding a contract for leasing gas tanks that fails to satisfy the safety
regulations as prescribed;
c) Failure to have gas
tanks or conclude a contract for leasing gas tanks as prescribed.
3. A fine ranging from
VND 80,000,000 to VND 120,000,000 shall be imposed on a gas exporter or
importer trading gas through pipelines without having a gas supply station that
satisfies the safety conditions as prescribed by law.
4. A fine ranging from
VND 120,000,000 to VND 160,000,000 shall be imposed for any of the following
violations:
a) Exporting or importing
gas without a certificate of eligibility to act as a gas exporter and importer
or an expired certificate of eligibility to act as a gas exporter and importer
or after the suspension or revocation of such certificate, except for the case
where the gas producing and processing entity satisfies the conditions applied
to a gas exporter or importer as prescribed;
b) Using the falsified
certificate of eligibility to act as a gas exporter or importer;
c) Leasing/lending or
renting/borrowing the certificate of eligibility to act as a gas exporter or
importer.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The exhibit used for
committing the violation mentioned in Point b Clause 4 of this Article shall be
confiscated;
b) The certificate of
eligibility to act as a petrol and oil exporter or importer shall be suspended
for 01 - 03 months if the violation specified in Clause 1, 2 or 3 of this
Article is committed;
c) The certificate of
eligibility to act as a petrol and oil exporter or importer shall be suspended
for 03 - 06 months if the violation specified in Point c Clause 4 of this
Article is committed.
6. Remedial measures:
The violator is compelled
to:
a) recall LPG bottles
that fail to satisfy the conditions for circulation on the market if the
violation specified in Point a Clause 1 of this Article is committed;
b) return the illegal
profits obtained from the violation specified in Clause 4 of this Article;
c) remove gas from the
territory of the Socialist Republic of Vietnam or re-export it if the violation
in Point a Clause 4 of this Article is committed.
Article
37. Violations against regulations on conditions to be satisfied by
gas-producing and processing entities
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Producing and
processing gas at a facility whose construction has not been approved and
permitted by a competent authority;
b) Failure to own a gas
quality testing laboratory fully capable of testing the criteria specified in
national technical regulations or conclude a contract for hiring it for at
least 01 year as prescribed;
c) Having lines,
machinery and equipment not inspected as prescribed.
2. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Producing or
processing LNG without having an LNG pumping and filling system for transport
or equipment system to serve the gasification to supply to customers;
b) Producing and
processing CNG without having a CNG compressor station as prescribed.
3. Additional measures:
a) The gas production and
processing shall be suspended for 01 - 03 months if the violation in Clause 1
of this Article is committed;
b) The LNG production and
processing shall be suspended for 03 - 06 months if the violation in Point a
Clause 2 of this Article is committed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
38. Violations against regulations on conditions to be satisfied by gas traders
1. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed on a gas trader for any of
the following violations:
a) Having gas tanks that
fail to satisfy the safety regulations as prescribed;
b) Having LPG bottles
that fail to satisfy all conditions for circulation on the market;
c) Failure to have gas
tanks or conclude a contract for hiring gas tanks or LPG bottles as prescribed.
2. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following
violations, except for the case specified in Clause 2 Article 39 hereof:
a) Trading gas without
having a certificate of eligibility to act as a gas trader or with an expired
certificate of eligibility for acting as gas trader or after the suspension or
revocation of such certificate;
b) Using the falsified
certificate of eligibility to act as a gas trader;
c) Leasing/lending or
renting/borrowing the certificate of eligibility to act as a gas trader.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine ranging from
VND 100,000,000 to VND 120,000,000 shall be imposed on:
a) an LNG trader that
does not have an LNG supply station or LNG filling stations for means of
transport which fully satisfies the safety and fire safety conditions as
prescribed; or
b) a CNG trader that does
not have a CNG tank truck, CNG compressor station, CNG filling station or CNG
filling stations for means of transport which fully satisfies the safety and
fire safety conditions as prescribed.
5. Additional measures:
a) The exhibit used for
committing the violation mentioned in Point b Clause 2 of this Article shall be
confiscated;
b) The certificate of
eligibility to act as a gas trader shall be suspended for 01 - 03 months if the
any of the violations specified in this Article is committed;
c) The trading in gas
through pipelines shall be suspended for 01 - 03 months if the violation in
Clause 3 of this Article is committed.
6. Remedial measures:
The violator is compelled
to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) return the illegal
profits obtained from the violation specified in Clause 2 of this Article.
Article
39. Violations against regulations on conditions to be satisfied by bottled LPG
retail outlets
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for retailing bottled LPG
without a bottled LPG sale contract with a trader having an effective
certificate of eligibility as prescribed, except for the case where the retail
outlet is owned by such trader.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Retailing bottled LPG
at a facility failing to have a certificate of eligibility to act as an LPG
retail outlet or with an expired certificate of eligibility to act as an LPG
retail outlet or after the suspension or revocation of such certificate;
b) Using the falsified
certificate of eligibility to act as a bottled LPG retail outlet;
c) Leasing/lending or
renting/borrowing the certificate of eligibility to act as a bottled LPG retail
outlet.
3. Additional measures:
a) The exhibit used for
committing the violation mentioned in Point b Clause 2 of this Article shall be
confiscated;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violation specified in Clause 2
of this Article.
Article
40. Violations against regulations on conditions to be satisfied by LPG
bottling stations, LPG filling stations for tank trucks, gas filling stations
for means of transport, gas supply stations and CNG compressor stations
1. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed:
a) for having an LPG
bottling station, LPG filling station for tank trucks, gas filling station for
means of transport, gas supply station or CNG compressor station whose
construction has not been allowed by a competent authority; or
b) on a trader whose LPG
bottling station fails to have a bottled LPG warehouse that satisfies the
regulations on safety and fire safety as prescribed.
2. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following
violations:
a) Using a certificate of
eligibility to fill gas into means of transport, certificate of eligibility to
fill LPG into tank trucks or certificate of eligibility to bottle LPG which has
been falsified;
b) Leasing/lending or
renting/borrowing the certificate of eligibility to fill gas into means of
transport, certificate of eligibility to fill LPG into tank trucks or
certificate of eligibility to bottle LPG.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Bottling LPG without
having a certificate of eligibility to bottle LPG in accordance with
regulations;
b) Bottling LPG with an
expired certificate of eligibility to bottle LPG or after the suspension or
revocation of the certificate of eligibility to bottle LPG.
4. A fine ranging from
VND 100,000,000 to VND 140,000,000 shall be imposed for any of the following
violations:
a) Filling gas into means
of transport without a certificate of eligibility to fill gas into means of
transport or certificate of eligibility to fill LPG into tank trucks without a
certificate of eligibility to fill LPG into tank trucks as prescribed;
b) Filling gas into means
of transport without an expired certificate of eligibility to fill gas into
means of transport or after the suspension or revocation of the certificate of
eligibility to fill gas into means of transport;
c) Filling LPG into tank
trucks with an expired certificate of eligibility to fill LPG into tank trucks
or after the suspension or revocation of the certificate of eligibility to fill
LPG into tank trucks;
d) Continuing to supply
gas from fixed tanks or system of LPG bottles directly through the pipeline to
end users or compress CNG into tanks during the period of suspension of
operation.
5. Additional measures:
a) The exhibit used for committing
the violation mentioned in Point a Clause 2 of this Article shall be suspended;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The certificate of
eligibility to fill gas into means of transport, certificate of eligibility to
fill LPG into tank trucks or certificate of eligibility to bottle LPG shall be
suspended for 03 - 06 months if the violation specified in Point b Clause 2 of
this Article is committed.
6. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violations specified in Clauses
2, 3 and 4 of this Article.
Article
41. Violations against regulations on conditions for circulation of LPG
bottles, bottled LPG and mini bottled LPG on market
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for trading bottled LPG that
is not sealed in accordance with regulations.
2. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the violations against
regulations on conditions for circulation (including mini bottled LPG)
on market:
a) Circulating LPG
bottles on the market without documents proving their origin and other
mandatory documents of the manufacturer as prescribed;
b) Circulating on the market
LPG bottles that fails to conform to technical regulations or fails to undergo
technical inspection of occupational safety as prescribed.
3. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
42. Violations against regulations on conditions for production and repair of
LPG bottles
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for producing or repairing
LPG bottles without fully satisfying the regulations on safety, production
process, repair process or product quality inspection process as prescribed.
2. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
a) Producing or repairing
LPG bottles without having inspection equipment to satisfy the requirements for
safety inspection as prescribed;
b) Using the falsified
certificate of eligibility to produce or repair LPG bottles;
c) Leasing/lending or
renting/borrowing the certificate of eligibility to produce or repair LPG
bottles.
3. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Producing or repairing
LPG bottles without a certificate of eligibility to produce or repair LPG
bottles as prescribed;
b) Continuing to produce
or repair LPG bottles with an expired certificate of eligibility to produce or
repair LPG or after the suspension or revocation of the certificate of
eligibility to produce or repair LPG.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The exhibit used for
committing the violation mentioned in Point b Clause 2 of this Article shall be
confiscated;
b) The certificate of
eligibility to produce or repair LPG shall be suspended for 01 - 03 months if
the violation specified in Point a or c Clause 2 of this Article is committed.
5. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violations specified in Points
b and c Clause 2 and Clause 3 of this Article.
Article
43. Violations against regulations on conditions for production of mini LPG
bottles
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Producing mini LPG
bottles without fully satisfying the regulations on safety, production process
and product quality inspection process as prescribed;
b) Failure to have
adequate lines, machinery and equipment for production of mini LPG bottles in
accordance with national technical regulations;
c) Failure to have
adequate inspection equipment to satisfy the requirements for safety inspection
of mini LPG bottles as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Leasing/lending or
renting/borrowing the certificate of eligibility to produce mini LPG bottles.
2. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
a) Producing mini LPG
bottles without a certificate of eligibility to produce mini LPG bottles as
prescribed;
b) Continuing to produce
mini LPG bottles with an expired certificate of eligibility to produce mini LPG
bottles or after the suspension or revocation of the certificate of eligibility
to produce mini LPG bottles.
3. Additional measures:
a) The exhibit used for
committing the violation mentioned in Point a or d Clause 1 or Clause 2 of this
Article shall be confiscated;
b) The certificate of
eligibility to produce mini LPG bottles shall be suspended for 01 - 03 months
if the violation specified in Point b, c or dd Clause 1 of this Article is
committed.
4. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violations specified in Point
dd Clause 1 and Clause 2 of this Article.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
44. Violations against regulations on gas trading committed by gas exporters,
gas importers and gas producing and processing entities
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Failure to report the
distribution system, trademarks, gas import, export and trading on the market
to the Ministry of Industry and Trade or failure to do so within the prescribed
time limit;
b) Failure to include
adequate information about bottled LPG in the logbook or electronic database
applying information technology to monitor bottled LPG sold to other LPG
traders or users: owner, bottle type, bottle serial number, bottle inspection
date, name and address of the purchaser or user and delivery date of bottled
LPG;
c) Blending gas without
undertaking to make sure that the quality of additives does not affect the
safety of humans, animals, plants, environment and gas quality as prescribed.
2. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
a) Failure to provide or
hire an organize to provide training in safety techniques to employees at the
gas trading establishment as prescribed;
b) Employing the manager
or staff who has not been trained in safety techniques and fire safety as
prescribed to work at the gas trading establishment;
c) Failure to develop a
safety management program, a risk assessment report and an emergency response
plan as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following
violations:
a) Failure to carry out
technical inspection of occupational safety as prescribed of LPG bottles, gas
tanks, LPG-fueled auxiliary equipment, LNG and CNG trading auxiliary equipment
owned by traders as prescribed;
b) Failure to stipulate
selling prices for gas and bottled LPG offered to traders in the network under
the management as prescribed;
c) Selling gas or bottled
LPG to traders who fail to fully satisfy the gas trading conditions as
prescribed.
4. A fine ranging from
VND 80,000,000 to VND 120,000,000 shall be imposed for any of the following
violations:
a) Failure to carry out
inspection, maintenance and replacement of LPG bottles and gas-fueled auxiliary
equipment which are not safe for users;
b) Illegally impounding,
purchasing, selling, exchanging, storing or collecting LPG bottles which are
not under ownership without concluding an LPG bottle sale contract or LPG
bottle lease contract or without reaching an agreement on exchanging LPG
bottles with the owner, except for case where a filling service provider is
hired;
c) Purchasing or selling
LPG bottles and bottled LPG failing to meet the conditions for circulation on
the market.
5. Additional measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The certificate of
eligibility to act as a gas exporter or importer or the production, processing
or blending of gas shall be suspended for 01 - 03 months if the violation
specified in Point b Clause 2, Point a or b Clause 3 of this Article is
repeated;
c) The bottled gas
trading shall be suspended for 01 - 03 months if the violation in Point b or c
Clause 4 of this Article is committed.
6. Remedial measures:
The violator is compelled
to:
a) return LPG bottles to
their owner in the case of the violation in Point b Clause 4 of this Article if
the legal owner, manager or user does not deliberately let the violator use the
exhibit to commit the administrative violation;
b) carry out inspection,
maintenance or replacement of LPG bottles and gas-fueled auxiliary equipment
which are not safe for users if the violation in Point a Clause 4 of this
Article is committed;
c) return the illegal
profits obtained from the violations specified in Point c Clause 3 and Points b
and c Clause 4 of this Article.
Article
45. Violations against regulations on gas trading committed by gas traders
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Employing the manager
or staff who has not been trained in safety techniques and fire safety as
prescribed to work at the gas trading establishment;
c) Failure to develop a
safety management program, a risk assessment report and an emergency response
plan as prescribed;
d) Failure to report the
distribution system, trademarks, gas import, export and gas trading on market
to the Ministry of Industry and Trade or failure to do so within the prescribed
time limit;
dd) Failure to include
adequate information about bottled LPG in the logbook or electronic database
applying information technology to monitor bottled LPG sold to other LPG
traders or users: owner, bottle type, bottle serial number, bottle inspection
date, name and address of the purchaser or user and delivery date of bottled
LPG.
2. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
a) Failure to carry out
technical inspection of occupational safety as prescribed of LPG bottles, gas
tanks, LPG-fueled auxiliary equipment, LNG and CNG trading auxiliary equipment
owned by traders;
b) Failure to stipulate
selling prices for gas and bottled LPG offered to traders in the network under
the management as prescribed;
c) Trading bottled LPG
without preparing a logbook or developing an electronic database applying
information technology to monitor bottled LPG sold to other LPG traders or
users;
d) Selling gas or bottled
LPG to traders who fail to fully satisfy the gas trading conditions as
prescribed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failure to carry out
inspection, maintenance and replacement of LPG bottles and gas-fueled auxiliary
equipment which are not safe for users;
b) Illegally impounding,
purchasing, selling, exchanging, storing or collecting LPG bottles which are
not under ownership without concluding an LPG bottle sale contract or LPG
bottle lease contract or without reaching an agreement on exchanging LPG
bottles with the owner, except for case where a filling service provider is
hired;
c) Purchasing or selling
LPG bottles and bottled LPG failing to satisfy the conditions for circulation
on the market.
d) Concluding a gas sale
contract with a gas exporter or importer or gas trader that does not have the
certificate of eligibility to act as a gas exporter or importer or the
certificate of eligibility for to act as a gas trader as prescribed or
concluding a gas sale contract with a gas producing and processing entity that
fails to fully satisfy the gas trading conditions as prescribed.
4. Additional measures:
a) The exhibit used for
the committing the violation mentioned in Point b or c Clause 3 of this Article
shall be confiscated, except for the case where the remedial measure in Point a
Clause 5 of this Article is taken;
b) The certificate of
eligibility to act as a gas trader shall be suspended for 01 - 03 months if the
violation specified in Point b Clause 1, Point a or b Clause 2 of this Article
is repeated;
c) The certificate of
eligibility to act as a gas trader shall be suspended for 01 - 03 months if the
violation in Point b or c Clause 3 of this Article is repeated.
5. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) return LPG bottles to
their owner in the case of the violation in Point b Clause 3 of this Article if
the legal owner, manager or user does not deliberately let the violator use the
exhibit to commit the administrative violation;
b) carry out inspection,
maintenance or replacement of LPG bottles and gas-fueled auxiliary equipment
which are not safe for users if the violation in Point a Clause 3 of this
Article is committed;
b) return the illegal
profits obtained from the violations specified in Point d Clause 2 and Points
b, c and d Clause 3 of this Article.
Article
46. Violations against regulations on LPG trading at bottled LPG retail outlets
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to check the
tightness of the bottle valves, couplings and flexible hoses after installing
or replacing LPG bottles for users;
b) installing or
replacing an LPG bottle without having the checking process witnessed and the
delivery record signed by its user as prescribed;
c) Failure to provide
guiding documents and directly give instructions about necessary information on
safe use of LPG, precautions and steps to be taken to deal with LPG leakage;
procedures for using gas stoves, storage bottles and accessories for users
using the outlet’s gas stoves and LPG bottles;
d) Providing bottled LPG
to users without providing them with or keeping at the outlet the goods
delivery slip containing adequate information about the owner, bottle type,
bottle serial number, the company purchasing the bottle for the outlet, names
and addresses of users, date of delivery, name, address and contact phone
number of the outlet;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Preparing a logbook or
developing an electronic database applying information technology to monitor
LPG bottles sold at the bottled LPG retail outlet without including adequate
information about LPG bottles therein as prescribed.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Failure to provide or
hire an organize to provide training in safety techniques to employees at the
bottled LPG retail outlet as prescribed;
b) Employing the manager
or staff who has not been trained in safety techniques and fire safety as
prescribed to work at the bottled LPG retail outlet as prescribed;
c) Selling unsealed or
leaked bottled LPG or bottled LPG whose quality or volume is consistent with
that written on the label to customers as prescribed;
d) Replacing or providing
for customers the spare parts which are not safe to use or are not specialized
ones for LPG as prescribed;
dd) Failure to prepare a
logbook or develop an electronic database applying information technology to
monitor LPG bottles sold at the bottled LPG retail outlet.
3. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Purchasing or selling
bottled LPG, mini LPG bottles or LPG bottles failing to satisfy the conditions
for circulation on the market;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Storing or collecting
another LPG trader’s LPG bottles not stated in the contract signed by the
outlet.
4. Additional measures:
a) The exhibit used for
the committing the violation mentioned in Clause 3 of this Article shall be
confiscated, except for the case specified in Point a Clause 5 of this Article;
b) The certificate of
eligibility to act as a bottled LPG retail outlet shall be suspended for 01 -
03 months if the violation prescribed in Clause 2 of this Article is repeated.
c) The certificate of
eligibility to act as a bottled LPG retail outlet shall be suspended for 03 -
06 months if the violation specified in Clause 3 of this Article is repeated.
5. Remedial measures:
The violator is compelled
to:
a) return LPG bottles to
their owner in the case of the violation in Point b or c Clause 3 of this
Article if the legal owner, manager or user does not deliberately let the
violator use the exhibit to commit the administrative violation;
b) return the illegal
profits obtained from the violations specified in Point c Clause 2 and Points a
and b Clause 3 of this Article;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
47. Violations against regulations on bottling LPG
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Failure to provide or
hire an organize to provide training in safety techniques to employees at the
LPG bottling station as prescribed;
b) Employing the manager
or staff who has not been trained in safety techniques and fire safety as
prescribed to work at the LPG bottling station as prescribed;
c) Failure to develop a
safety management program, a risk assessment report and an emergency response
plan as prescribed;
d) Preparing a logbook or
developing an electronic database applying information technology to manage LPG
bottling at the LPG bottling station without including adequate information
about LPG bottles therein as prescribed.
2. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Storing LPG bottles
and bottled LPG of another trader without a contract for hiring an LPG bottling
service provider;
b) Concluding a contract
for bottling LPG with a trader that does not have an effective gas trading
license or a certificate of trademark registration as prescribed;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
b) Filling LPG into the
LPG bottles failing to fully satisfy the conditions for circulation on the
market;
b) Filling LPG into the
LPG bottles not under the ownership of the trader owning the filling station,
except for the case where a contract for hiring a filling service provider is
concluded;
c) Filling LPG bottles
with LPG whose volume or quality is not conformable with the label, national
technical regulation or quality standard issued by the gas producing and
processing entity, gas exporter or importer;
d) Illegally separating,
portioning or filling LPG from a gas tank or tank truck into an LPG bottle or
from a large LPG bottle to another smaller one or mini LPG bottle.
4. Additional measures:
a) The exhibit used for
the committing the violation mentioned in Point a Clause 2 or Clause 3 of this
Article shall be suspended, except for the case specified in Clause 5 of this
Article;
b) The certificate of
eligibility to bottle LPG shall be suspended for 03 - 06 months if the
violation specified in Point a Clause 2 or Clause 3 of this Article is
committed.
5. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) return LPG bottles to
their owner in the case of the violation in Point a Clause 2, Point b or c
Clause 3 of this Article if the legal owner, manager or user does not
deliberately let the violator use the exhibit to commit the administrative
violation;
b) return the illegal
profits obtained from the violations specified in Point b Clause 2 and Clause 3
of this Article.
Article
48. Violations against regulations on filling gas into means of transport
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for failure to fully and
clearly write the signboard or the logo of a gas filling station for means of
transport in accordance with regulations.
2. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Failure to provide or
hire an organize to provide training in safety techniques to employees at the
gas filling station for means of transport as prescribed;
b) Employing the manager
or staff who has not been trained in safety techniques as prescribed to work at
the gas filling station for means of transport;
c) Failure to develop a
safety management program, a risk assessment report and an emergency response
plan as prescribed.
3. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for failure to comply with
regulations on safety management of gas filling stations for means of transport
in accordance with regulations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Filling LPG into means
of transport not running on LPG;
b) Filling LNG into means
of transport not running on LNG;
c) Filling CNG into means
of transport not running on CNG.
5. Additional measures:
The certificate of
eligibility to fill gas into means of transport shall be suspended for 03 - 06
months if the violation specified in Clause 4 of this Article is committed.
6. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violation specified in Clause 4
of this Article.
Article
49. Violations against regulations on filling LPG into tank trucks
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Employing the manager
or staff who has not been trained in safety techniques as prescribed to work at
the LPG filling station for tank trucks;
c) Failure to develop a
safety management program, a risk assessment report and an emergency response
plan as prescribed.
2. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for failure to comply with
regulations on safety management of LPG filling stations for tank trucks in
accordance with regulations.
3. A fine ranging from
VND 60,000,000 to VND 100,000,000 shall be imposed for filling LPG into tank
trucks for a trader that fail to have the effective gas trading license as
prescribed.
4. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violation specified in Clause 3
of this Article.
Article
50. Violations against regulations on gas supply
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Failure to notify gas
purchasers of the adjustment to the gas selling prices;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Failure to provide or
hire an organize to provide training in safety techniques to employees at the
gas supply station as prescribed;
b) Employing the manager
or staff who has not been trained in safety techniques as prescribed to work at
the gas supply station;
c) Failure to develop a
safety management program, a risk assessment report and an emergency response
plan as prescribed.
3. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
a) Selling gas to a
customer that does not have a gas purchase contract or has a gas purchase
contract but fails to comply with regulations on safe use of gas;
b) Failure to inspect the
satisfaction of safety conditions, measuring means or equipment, tightness of
locking valves and safety valves, gas-fueled auxiliary equipment, contact
couplings and pipelines used for supplying gas to customers as prescribed.
4. A fine ranging from
VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following
violations:
a) Supplying LPG to LPG
purchasers without using pipelines or specialized vehicles fully satisfying the
conditions for receipt of LPG in accordance with regulations;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Additional measures:
The gas supply station
shall be suspended for 03 - 06 months if the violation in Clause 4 of this
Article is committed.
6. Remedial measures:
The violator is compelled
to return the illegal profits obtained from the violations specified in Point a
Clause 3 and Clause 4 of this Article.
Article
51. Violations against regulations on CNG compression
1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Failure to provide or
hire an organize to provide training in safety techniques to employees at the
CNG compressor station as prescribed;
b) Employing the manager
or staff who has not been trained in safety techniques as prescribed to work at
the CNG compressor station;
c) Failure to develop a
safety management program, a risk assessment report and an emergency response
plan as prescribed.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for failure to inspect,
maintain or replace equipment of a CNG compressor station to ensure safety
during its operation as prescribed.
4. Additional measures:
The CNG compressor
station shall be suspended for 01 - 03 months if the violation in Clause 3 of
this Article is committed.
Article
52. Violations against regulations on provision of gas export and import port,
gas tank and bottled LPG warehouse leasing services and gas transport services
1. A fine ranging from VND
20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Failure to provide or
hire an organize to provide training in safety techniques to employees at the
gas trading establishment as prescribed;
b) Employing the manager or
staff, including operator the gas transport vehicle who has not been trained in
safety techniques as prescribed at the gas trading establishment;
c) Failure to develop a
safety management program, a risk assessment report and an emergency response
plan as prescribed.
2. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed on a gas transport service
provider for any of the following violations:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Transporting gas of
unknown origin or bottled LPG that fails to fully satisfy the conditions for
circulation on the market;
c) Purchasing, selling or
transporting types of LPG bottles and bottled LPG of other LPG traders without
any contract.
3. A fine ranging from
VND 80,000,000 to VND 120,000,000 shall be imposed for leasing out the gas tank
or bottled LPG warehouse that fails to satisfy the safety and fire safety
conditions as prescribed.
4. A fine ranging from
VND 120,000,000 to VND 200,000,000 shall be imposed for leasing out the import
and export port that fails to satisfy the safety and fire safety conditions as
prescribed.
5. Additional measures:
a) The operation shall be
suspended for 01 - 03 months if the violation mentioned in Clause 2 of this
Article is repeated;
b) The operation shall be
suspended for 03 - 06 months if the violation mentioned in Clause 3 or 4 of
this Article is committed;
c) The exhibit used for
the committing the violation mentioned in Point b or c Clause 2 of this Article
shall be confiscated, except for the case where the remedial measure in Point a
Clause 6 of this Article is taken.
6. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) return the bottled LPG
or LPG bottles to their owner in the case of the violation in Point c Clause 2
of this Article if the legal owner, manager or user of the LPG bottles does not
deliberately let the violator use the exhibit to commit the administrative
violation;
b) return the illegal
profits obtained from the violations specified in Clauses 2 and 3 of this
Article.
Article
53. Violations against regulations on production and repair of LPG bottles and
production of mini LPG bottles
1. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to declare
conformity of LPG bottles or mini LPG bottles as prescribed.
2. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
a) Failure to prepare
records for LPG bottles and mini LPG bottles as prescribed;
b) Putting LPG bottles
with the same serial numbers on the market;
c) Repairing LPG
bottles of unknown origin.
3. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts
of violations that changes the original shape, structure or weight of an LPG
bottle without reaching a legal agreement with the LPG bottle owner:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Eroding or changing
the logo;
c) Welding more metals;
d) Swapping the valves on
the top of the LPG bottle;
dd) Modifying original
specifications of the LPG bottle or other acts of violations resulting in the
change of the initial shape, structure or weight of the LPG bottle.
4. Additional measures:
a) The exhibit used for
committing the violation mentioned in Point c Clause 2 or Clause 3 of this
Article shall be confiscated;
b) The certificate of
eligibility to produce or repair LPG bottles or certificate of eligibility to
produce mini LPG bottles for 01 - 03 months if the violation prescribed in
Clause 2 of this Article is repeated;
c) The certificate of
eligibility to produce or repair LPG bottles or the operation shall be
suspended for 03 - 06 months if the violation specified in Clause 3 of this
Article is committed.
5. Remedial measures:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
54. Violations against other regulations on gas trading
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for any of the following
violations:
a) Using refilled
mini-bottled LPG in the case of mini LPG bottles that are prohibited from being
refilled at food and drink establishments;
b) Transporting bottled
LPG together in an elevator if there is someone in the elevator, except for the
one directly transporting it.
2. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for transporting bottled LPG by
(two wheeled) mopeds without any bottled LPG rack or arranging bottled LPG on
the means of transport against regulations.
3. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for transporting bottled LPG by
automobiles without arranging bottled LPG thereon according to regulations.
4. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for storing LPG bottles or
bottled LPG at a warehouse that fails to ensure the safety conditions applied
to LPG bottle warehouses in accordance with regulations.
5. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed on:
a) a gas exporter, gas
importer, gas producing and processing entity or gas trader that fails to
notify any change of the LPG selling prices in writing to units in the
distribution system, the Department of Industry and Trade and Department of
Finance of the province where the distribution system is set up; or
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) for purchasing,
selling, transporting or storing LPG bottles and bottled LPG in the case of not
being an LPG trading establishment, except for the case of purchasing them for
production and consumption purposes.
6. Additional measures:
The exhibit used for the
committing the violation mentioned in Point a Clause 1 or Point c Clause 5 of
this Article shall be confiscated, except for the case where the remedial
measure in Point a Clause 7 of this Article is taken.
7. Remedial measures:
The violator is compelled
to:
a) return LPG bottles to
their owner in the case of the violation in Point c Clause 5 of this Article if
the legal owner, manager or user does not deliberately let the violator use the
exhibit to commit the administrative violation.
b) return the illegal
profits obtained from the violation specified in Point c Clause 5 of this
Article.
Chapter
V
POWER TO
RECORD ADMINISTRATIVE VIOLATIONS AND IMPOSE PENALTIES FOR ADMINISTRATIVE
VIOLATIONS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The persons below are
entitled to make records of administrative violations:
1. The persons prescribed
in Article 56 through 62 hereof.
2. Persons of people’s
army or people’s security forces performing their duties at the authorities
prescribed in Articles 57, 58 and 59 hereof; public officials and public
employees who are performing their duties and inspection tasks in the field of
petroleum and petrol, oil and gas trading.
Article
56. Power to impose penalties of Presidents of People’s Committees
1. Presidents of communal
People’s Committees are entitled to:
a) impose a maximum fine
of VND 5,000,000 and VND 10,000,000 on an individual and an organization
respectively;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
c) enforce the remedial
measures mentioned in Point a Clause 3 Article 4 hereof.
2. Presidents of
district-level People’s Committees are entitled to:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
d) enforce the remedial
measures mentioned in Points a, c, d, dd and e Clause 3 Article 4 hereof.
3. Presidents of
provincial People’s Committees are entitled to:
a) impose a maximum fine
of VND 1,000,000,000 and VND 2,000,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 100,000,000 and VND 200,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission;
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
Article
57. Power to impose penalties of People's Public Security Force
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Senior officers of the
persons mentioned in Clause 1 of this Article are entitled to impose a maximum
fine of VND 1,500,000 and VND 3,000,000 on an individual and an organization
respectively.
3. Chiefs of the communal
police, commanders of police stations and heads of police stations at border
checkpoints and export-processing zones are entitled to:
a) impose a maximum fine
of VND 2,500,000 and VND 5,000,000 on an individual and an organization
respectively;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
c) enforce the remedial
measures mentioned in Point a Clause 3 Article 4 hereof.
4. Chiefs of the
district-level Police; chiefs of specialized divisions affiliated to the
Traffic Police Department; chiefs of provinces’ public security, including
chiefs of Social Order-related Crime Investigation Divisions, Traffic Police
Divisions, Road and Rail Traffic Police Divisions, Road Traffic Police
Divisions, Internal Waterways Police Divisions, Environmental Crime Divisions,
Fire Safety and Rescue Divisions, Internal Political Security Divisions,
Economic Security Divisions, Social Order Divisions, Corruption, Economy and
Smuggling-related Crime Investigation Divisions are entitled to:
a) impose a maximum fine
of VND 25,000,000 and VND 50,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 20,000,000 and VND 40,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Directors of the
Police of provinces are entitled to:
a) impose a maximum fine
of VND 50,000,000 and VND 100,000,000 on an individual and an organization
respectively;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the exhibits
and instrumentalities used for administrative violation commission, the value
of which does not exceed the fine specified in Point a of this Clause;
d) make decision on
imposition of deportation penalty;
dd) enforce the remedial
measures mentioned in Points a, d, dd and e Clause 3 Article 4 hereof.
6. Director General of
Social Order-related Crime Investigation Agency, Director General of Traffic
Police Department, Director General of Fire Safety and Rescue Agency, Director
General of Environmental Crime Agency, Director General of Internal Political
Security Agency, Director General of Economic Security Agency, Director General
of Social Order Agency and Director General of Corruption, Economy and
Smuggling-related Crime Investigation Agency are entitled to:
a) impose a maximum fine
of VND 1,000,000,000 and VND 2,000,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 100,000,000 and VND 200,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) enforce the remedial
measures mentioned in Points a, d and dd Clause 3 Article 4 hereof.
7. Director General of
Immigration Department is entitled to impose penalties as prescribed in Clause
6 of this Article and to make decision on imposition of deportation penalty.
Article
58. The power to impose penalties of the Border Guard
1. The Border Guard
officers on duty are entitled to impose a maximum fine of VND 500,000 and VND
1,000,000 on an individual and an organization respectively.
2. Senior officers of the
persons mentioned in Clause 1 of this Article are entitled to impose a maximum
fine of VND 2,500,000 and VND 5,000,000 on an individual and an organization
respectively.
3. Captains of
border-guard posts, commanders of border-guard flotillas and commanders of
border guards at port checkpoints are entitled to:
a) impose a maximum fine
of VND 25,000,000 and VND 50,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 20,000,000 and VND 40,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
c) enforce the remedial
measures mentioned in Points a and e Clause 3 Article 4 hereof.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) impose a maximum fine
of VND 1,000,000,000 and VND 2,000,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 100,000,000 and VND 200,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission;
d) enforce the remedial
measures mentioned in Points a, d and e Clause 3 Article 4 hereof.
Article
59. The power to impose penalties of the Vietnam Coast Guard
1. Coastguard team
leaders are entitled to impose a maximum fine of VND 5,000,000 and VND
10,000,000 on an individual and an organization respectively.
2. Coastguard squad
leaders and captains of coastguard stations are entitled to:
a) impose a maximum fine
of VND 10,000,000 and VND 20,000,000 on an individual and an organization
respectively;
c) enforce the remedial
measures mentioned in Point a Clause 3 Article 4 hereof.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) impose a maximum fine
of VND 25,000,000 and VND 50,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 20,000,000 and VND 40,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
c) enforce the remedial
measures mentioned in Points a, b and e Clause 3 Article 4 hereof.
4. Commanders in chief of
coastguard squadrons are entitled to:
a) impose a maximum fine
of VND 50,000,000 and VND 100,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 30,000,000 and VND 60,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
c) enforce the remedial
measures mentioned in Points a, b and e Clause 3 Article 4 hereof.
5. Commanders of regional
coastguard command centers are entitled to:
a) impose a maximum fine
of VND 100,000,000 and VND 200,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 50,000,000 and VND 100,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) enforce the remedial
measures mentioned in Points a, b and e Clause 3 Article 4 hereof.
6. Commander of Vietnam
Coast Guard is entitled to:
a) impose a maximum fine
of VND 1,000,000,000 and VND 2,000,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 100,000,000 and VND 200,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission;
d) enforce the remedial
measures mentioned in Points a, b and e Clause 3 Article 4 hereof.
Article
60. The power to impose administrative penalties of the customs
1. Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection,
leaders of customs enforcement teams affiliated to provincial, inter-provincial
or city Customs Departments, smuggling prevention team leaders, leaders of
customs control teams at sea and leaders of intellectual property right
protection teams of the Smuggling Investigation and Prevention Department of
the General Department of Customs are entitled to:
a) impose a maximum fine
of VND 25,000,000 and VND 50,000,000 on an individual and an organization
respectively;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) enforce the remedial
measures mentioned in Points b, d, dd and e Clause 3 Article 4 hereof.
2. Director of Smuggling
Investigation Department, Director of Post-clearance Inspection Department
affiliated to the General Department of Customs and Directors of provincial,
inter-provincial or city Customs Departments are entitled to:
a) impose a maximum fine
of VND 50,000,000 and VND 100,000,000 on an individual and an organization
respectively;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
d) enforce the remedial
measures mentioned in Points b, d, dd and e Clause 3 Article 4 hereof.
3. Director General of
General Department of Customs is entitled to:
a) impose a maximum fine
of VND 100,000,000 and VND 200,000,000 on an individual and an organization
respectively;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
61. Power to impose penalties of market surveillance authorities
1. Market surveillance
officials on duty are entitled to impose a maximum fine of VND 500,000 and VND
1,000,000 on an individual and an organization respectively.
2. Leaders of market
surveillance teams are entitled to:
a) impose a maximum fine
of VND 25,000,000 and VND 50,000,000 on an individual and an organization
respectively;
b) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
c) enforce the remedial
measures mentioned in Points a, c, d, dd and e Clause 3 Article 4 hereof.
3. Provincial Market
Surveillance Departments and Director of Market Surveillance Operations Department
affiliated to Vietnam Directorate of Market Surveillance are entitled to:
a) impose a maximum fine
of VND 50,000,000 and VND 100,000,000 on an individual and an organization
respectively;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
4. Director General of
the Vietnam Directorate of Market Surveillance is entitled to:
a) impose a maximum fine
of VND 100,000,000 and VND 200,000,000 on an individual and an organization
respectively;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission;
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
Article
62. The power to impose administrative penalties of inspectors
1. Inspectors and persons
on duty assigned to carry out specialized inspections are entitled to:
a) impose a maximum fine
of VND 500,000 and VND 1,000,000 on an individual and an organization respectively;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) enforce the remedial
measures mentioned in Point a Clause 3 Article 4 hereof.
2. Chief Inspectors of
Provincial Departments and equivalent titles assigned by the Government to
carry out specialized inspections are entitled to:
a) impose a maximum fine
of VND 50,000,000 and VND 100,000,000 on an individual and an organization
respectively;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
3. Chief Inspectors of
Ministries, ministerial agencies, Director General of Directorate for
Standards, Metrology and Quality, Director General of General Department of
Geology and Minerals of Vietnam, Director General of Vietnam Environment
Administration, Director General of Vietnam Chemicals Agency, Director General
of Industrial Safety Techniques and Environment Agency and equivalent titles
assigned by the Government to carry out specialized inspections are entitled
to:
a) impose a maximum fine
of VND 1,000,000,000 and VND 2,000,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 100,000,000 and VND 200,000,000 on an
individual and an organization respectively in the case of other violations
specified in this Decree;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
4. Chiefs of provincial
inspectorates and chiefs of inspectorates of regulatory agencies assigned to
carry out specialized inspections are entitled to impose penalties as
prescribed in Clause 2 of this Article.
5. Chiefs of ministerial
inspectorates are entitled to:
a) impose a maximum fine
of VND 250,000,000 and VND 500,000,000 on an individual and an organization
respectively in the case of the violations specified in Chapter II of this
Decree; impose a maximum fine of VND 70,000,000 and VND 140,000,000 on an individual
and an organization respectively in the case of other violations specified in
this Decree;
b) suspend the petrol and
oil trading license or the gas trading license or suspend the operation;
c) confiscate the
exhibits and instrumentalities used for administrative violation commission,
the value of which does not exceed the fine specified in Point a of this
Clause;
d) enforce the remedial
measures mentioned in Clause 3 Article 4 hereof.
Article
63. Delegation of power to impose penalties to Presidents of People’s
Committees, People’s Public Security Force, customs, Border Guard, Vietnam
Coast Guard, market surveillance authorities and inspectors
1. Power delegated to
Presidents of People’s Committees at all levels:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Presidents of
district-level People’s Committees shall impose penalties and remedial measures
against the administrative violations prescribed in Clause 1 Article 7; Clause
1 Article 9; Clause 1 Article 11; Article 12 through 19; Clause 1 through 4
Article 20; Clause 5 Article 20 (except for the case where the violator commits
the violation prescribed in Clause 3 or 4 Article 20); Clauses 1, 2 and 3
Article 21; Article 22 through 25; Clause 1 Article 26; Clause 1 Article 27;
Article 28, 29, 31, 33, 34 and 35; Clauses 1 and 2 Article 36; Article 37;
Clauses 1, 2 and 3 Article 38; Article 39; Clauses 1, 2 and 3 Article 40;
Articles 41, 42 and 43; Clauses 1, 2 and 3 Article 44; Article 45 through 51;
Clause 1 and 2 Article 52; Article 53 and Article 54 of this Decree within
their power specified in Clause 2 Article 56 of this Decree and their
jurisdiction;
c) Presidents of
provincial People’s Committees shall impose penalties and remedial measures
against the administrative violations prescribed in this Decree (except for the
case where a foreign national commits any of the violations specified in Clause
4, 5 or 6 Article 6 or Clause 5 or 6 Article 7) within their power specified in
Clause 3 Article 56 hereof and their jurisdiction.
2. Power delegated to the
People's Public Security Force:
a) People’s police
officers on duty shall impose penalties and remedial measures against the
administrative violations prescribed in Point b Clause 1 Article 54 within
their power specified in Clause 1 Article 57 hereof and their jurisdiction;
b) Senior officers of the
persons mentioned in Clause 1 of this Article shall impose penalties and
remedial measures against the administrative violations prescribed in Clause 1
Article 35, Point b Clause 1 and Clause 2 Article 54 hereof within their power
specified in Clause 2 Article 57 hereof and their jurisdiction;
c) Chiefs of the communal
police, commanders of police stations and heads of police stations at border
checkpoints and export-processing zones shall impose penalties and remedial
measures against the administrative violations prescribed in Clause 1 Article
35 and Clauses 1, 2 and 3 Article 54 hereof within their power specified in Clause
3 Article 57 hereof and their jurisdiction;
d) Chiefs of the
district-level Police; chiefs of specialized divisions affiliated to the
Traffic Police Department; chiefs of provinces’ public security, including
chiefs of Social Order-related Crime Investigation Divisions, Traffic Police
Divisions, Road and Rail Traffic Police Divisions, Road Traffic Police
Divisions, Internal Waterways Police Divisions, Environmental Crime Divisions,
Fire Safety and Rescue Divisions, Internal Political Security Divisions,
Economic Security Divisions, Social Order Divisions, Corruption, Economy and
Smuggling-related Crime Investigation Divisions shall impose penalties and
remedial measures against the administrative violations prescribed in Clause 1
Article 7; Clause 1 Article 11; Article 12; Clause 1 Article 14; Clause 1
Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19;
Clause 1 Point b Clause 2 Article 20; Clause 5 Article 20 (except for the case
where the violator commits the violation prescribed in Clause 2, 3 or 4 Article
20); Clause 1 Article 21; Clause 1 Article 22; Article 25; Clause 1 Article 26;
Clauses 1 and 2 Article 29; Points a, b and c Clause 1 Article 31; Clauses 1, 2
and 3 Point a Clause 7, Clause 8 Article 33; Clauses 1 and 2 Article 34;
Clauses 1, 3 and 4 Article 35; Clause 1 Article 39; Clause 1 Article 42; Points
a, b, c and d Clause 1 Article 43; Clause 1 Article 44; Clause 1 Article 45;
Clause 1 Points a, b, d and dd Clause 2, Point c Clause 3 Article 46; Clause 1
Points a and c, Clause 2 Article 47; Clauses 1 and 2 Article 48; Clause 1
Article 49; Clauses 1 and 2 Article 50; Clause 1 Article 51; Clause 1 Article
52; Clause 1 Article 53 and Clauses 1, 2, 3 and 4, Points a and b Clause 5
Article 54 hereof within their power specified in Clause 4 Article 57 hereof
and their jurisdiction;
dd) Directors of the
Police of provinces shall impose penalties and remedial measures against the
administrative violations prescribed in Clause 1 Article 7; Clause 1 Article 9;
Clause 1 Article 11; Article 12; Article 13; Article 14; Article 15; Article
16; Article 17; Article 18; Article 19; Clauses 1, 2, 3 and 4 Article 20;
Clause 5 Article 20 (except for the case where the violator commits the
violation prescribed in Clause 3 or 4 Article 20); Clause 1,2 and 3 Article 21;
Article 22; Article 23; Article 24; Article 25; Clause 1 Article 26; Clause 1
Article 27; Article 28; Article 29; Article 31; Article 33; Article 34; Article
35; Point b Clause 1, Clause 2 Article 36; Article 37; Points a and c Clause 1,
Clauses 2 and 3 Article 38; Article 39; Clauses 1, 2 and 3 Article 40; Article
42; Article 43; Clauses 1,2 and 3 Article 44; Article 45; Clause 1 Points a, b,
d and dd Clause 2, Points b and c Clause 3 Article 46; Article 47; Article 48;
Article 49; Article 50; Article 51; Clauses 1 and 2 Article 52; Clause 1, Point
c Clause 2, Clause 3 Article 53 and Article 54 hereof within their power
specified in Clause 5 Article 57 hereof and their jurisdiction;
e) Director General of
Social Order-related Crime Investigation Agency, Director General of Traffic
Police Department, Director General of Fire Safety and Rescue Agency, Director
General of Environmental Crime Agency, Director General of Internal Political
Security Agency, Director General of Economic Security Agency, Director General
of Social Order Agency and Director General of Corruption, Economy and
Smuggling-related Crime Investigation Agency shall impose penalties and
remedial measures against the administrative violations prescribed in this Decree
(except for the case where a foreign national commits any of the violations
specified in Clause 4, 5 or 6 Article 6; Clause 5 or 6 Article 7; Clause 2
Article 27; Point a Clause 1, Point a Clause 4 Article 36; Point b Clause 1
Article 38; Article 41; Point c Clause 2, Point a Clause 3 Article 46; Points a
and b Clause 2 Article 53) within their power specified in Clause 6 Article 57
hereof and their jurisdiction;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Power delegated to the
Border Guard:
a) The Border Guard
officers on duty shall impose penalties and remedial measures against the
administrative violations prescribed in Point b Clause 1 Article 54 within
their power specified in Clause 1 Article 58 hereof and their jurisdiction;
b) Senior officers of the
persons mentioned in Clause 1 of this Article shall impose penalties and
remedial measures against the administrative violations prescribed in Clause 1
Article 35; Point b Clause 1, Clauses 2 and 3 Article 54 hereof within their
power specified in Clause 2 Article 58 hereof and their jurisdiction;
c) Captains of border-guard
posts, commanders of border-guard flotillas and commanders of border guards at
port checkpoints shall impose penalties and remedial measures against the
administrative violations prescribed in Clause 1 Article 11; Point c Clause 1
Article 14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17;
Clause 1 Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20
(except for the case where the violator commits the violation in Clause 2, 3 or
4 Article 20); Article 25; Clause 1 Article 26; Points a, b and c Clause
Articl1e 31; Clauses 1, 2 and 3, Point a Clauses 7 and 8 Article 33; Clause 1,3
and 4 Article 35; Clause 1 Article 52 and Clauses 1, 2, 3 and 4, Points a and b
Clause 5 Article 54 hereof within the power specified in Clause 3 Article 58
hereof and their jurisdiction;
d) Commanders of
provincial border guards and commanders of coastal guard fleets affiliated to
the Border Guard High Command shall impose penalties and remedial measures
against the administrative violations prescribed in Clauses 2, 3, 4, 5 and 6
Article 6 (except for cases where a foreign national commits any of the
violations specified in Clauses 4, 5,6, Article 6); Clauses 4 and 5,6 Article 7
(except for the case where a foreign national commits any of the violations in
Clause 5 or 6 Article 7); Clause 2 Article 8; Clause 1, Points a, c and d
Clause 2, Clause 3 Article 9; Clause 1, Points c and d Clause 2 of Article 11;
Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article
19; Article 20; Clauses 3 and 4 Article 22; Point a Clause 2 and Point b Clause
3 Article 24; Article 25; Article 26; Clauses 1 and 2 Article 27; Clauses 1 and
3 Article 28; Article 31; Article 33; Article 35; Articles 52 and 54 hereof
within their power specified in Clause 4 Article 58 of this Decree and their
jurisdiction.
4. Power delegated to the
Vietnam Coast Guard:
a) Coastguard team
leaders shall impose penalties and remedial measures against the administrative
violations prescribed in Clause 1 Article 21 hereof within their power
specified in Clause 1 Article 59 hereof and their jurisdiction;
b) Coastguard squad
leaders and captains of coastguard stations shall impose penalties and remedial
measures against the administrative violations prescribed in Point c Clause 1
Article 14; Clause 1 Article 21; Point a Clause 7 Article 33 and Clause 1
Article 34 hereof within their power specified in Clause 2 Article 59 hereof
and their jurisdiction;
c) Commanders of
coastguard platoons shall impose penalties and remedial measures against the
administrative violations prescribed in Point c Clause 1 Article 14; Clause 1
Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except
for the case where the violator commits the violation in Clause 2, 3 or 4
Article 20); Clause 1 Article 21; Article 25; Points a, b and c Clause 1
Article 31; Clauses 1, 2 and 3, Point a Clause 7, Clause 8 Article 33; Clause 1
Article 34 and Clause 1 Article 52 hereof within the power specified in Clause
3 Article 59 hereof and their jurisdiction;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Commanders of
regional coastguard command centers shall impose penalties and remedial
measures against the administrative violations prescribed in Point b Clause 1,
Points a, c and d Clause 2 Article 9; Article 13; Point c Clause 1 Article 14;
Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Point a Clause 1
Article 18; Clause 1 Article 19; Clause 1, Point b Clause 2 Article 20; Clause
5 Article 20 (except for the case where the violator commits the violation
prescribed in Point a Clause 2, Clauses 3 and 4 Article 20); Clauses 1 and 3
Article 21; Article 25; Clause 1 Article 28; Article 31; Clause 1 through 6,
Point a Clause 7, Clause 8 Article 33; Clause 1 Article 34; Clauses 1 and 4
Article 35; Point b Clause 1 Article 47 and Clause 1 Article 52 hereof within
their power specified in Clause 5 Article 59 hereof and their jurisdiction;
e) Commander of Vietnam
Coast Guard shall impose penalties and remedial measures against the
administrative violations prescribed in Clause 1 Article 6; Clauses 2 and 3
Point a Clause 4, Clause 6 Article 7 (except for case where a foreign national
commits the violation specified in Clause 6 Article 7); Clause 2 Article 8;
Point b Clause 1, Clause 2, Clause 3 Article 9; Article 13; Clause 1 Article
14; Article 15; Article 16; Article 17; Article 18; Article 19; Clause 1, Point
b Clause 2, Clause 5 Article 20; Clauses 1,3 and 4 Article 21; Article 25;
Clause 1, Point b Clause 2 Article 26; Clause 3 Article 27; Article 28; Article
31; Clauses 1 through 6, Point a Clause 7, Clause 8 Article 33; Clause 1
Article 34; Clauses 1 and 4 Article 35; Point b Clause 1, Clauses 2 and 3
Article 36; Points a and c Clause 1, Clauses 3 and 4 Article 38; Point b Clause
2, Point c Clause 3 Article 46; Point b Clause 1, Point a Clause 2 Article 47;
Clauses 1 and 4 Article 52 hereof within their power specified in Clause 6
Article 59 hereof and their jurisdiction.
5. Power delegated to the
customs:
a) Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection,
leaders of customs enforcement teams affiliated to provincial, inter-provincial
or city Customs Departments, smuggling prevention team leaders, leaders of
customs control teams at sea and leaders of intellectual property right
protection teams of the Smuggling Investigation and Prevention Department of
the General Department of Customs shall impose penalties and remedial measures
against the administrative violations related to export, import, temporary
import for re-export, temporary export for re-import and transit of goods as
specified in Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except
for the case where the violator commits the violation prescribed in Clause 2, 3
or 4 Article 20); Article 25; Clause 1 Article 26; Points a, b and c Clause 1
Article 31 and Clauses 1, 2, 3 and 7 Article 33 hereof within their power
specified in Clause 1 Article 60 hereof and their jurisdiction;
b) Director of Smuggling
Investigation Department, Director of Post-clearance Inspection Department
affiliated to the General Department of Customs and Directors of provincial, inter-provincial
or city Customs Departments shall impose penalties and remedial measures
against the administrative violations related to export, import, temporary
import for re-export, temporary export for re-import and transit of goods as
specified in Article 18; Clause 1 through 4 Article 20; Clause 5 Article 20
(except for the case where the violator commits the violation prescribed in
Clause 3 or 4 Article 20); Article 25; Clause 1 Article 26; Clause 1 Article
27; Article 31 and Article 33 hereof within their power specified in Clause 2
Article 60 hereof and their jurisdiction;
c) Director General of
General Department of Customs shall impose penalties and remedial measures
against the administrative violations related to export, import, temporary
import for re-export, temporary export for re-import and transit of goods as
specified in Clause 1, Point b Clause 2, Clauses 3, 4 and 5 Article 20; Article
25; Article 26; Article 27; Article 31; Article 33 and Points a and b Clause 4
Article 36 hereof within his/her power specified in Clause 3 Article 60 hereof
and his/her jurisdiction.
6. Power delegated to
market surveillance authorities:
a) Market surveillance
officials on duty shall impose penalties and remedial measures against the
administrative violations prescribed in Clause 1 Article 54 hereof within their
power specified in Clause 1 Article 61 hereof and their jurisdiction;
b) Leaders of market
surveillance teams shall impose penalties and remedial measures against the
administrative violations prescribed in Point c Clause 1, Clause 2 Article 14;
Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article
19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for the
case where the violator commits the violation prescribed in Clause 2, 3 or 4 of
Article 20); Clause 1 Article 21; Clause 2 Article 21 (except for the case
where the violation is repeated); Clause 1 Article 22; Clause 1 Article 23;
Clause 1 Article 24; Article 25; Clause 1 Article 26; Clauses 1 and 2 Article
29; Points a, b and c Clause 1 Article 31; Clauses 1,2, 3 and 7 Article 33;
Clauses 1 and 2 Article 34; Article 35; Points a and b Clause 2 Article 39;
Article 41; Clause 1 Article 42; Points a and d Clause 1 Article 43; Clause 1
Article 44; Clause 1 Article 45; Clause 1 Article 46; Clause 2 Article 46
(except for the case where the violation is repeated); Clause 1, Points b and c
Clause 2 Article 47; Clauses 1 and 2 Article 48; Clause 1 Article 49; Clauses 1
and 2 Article 50; Clause 1 Article 51; Clause 1 Article 52; Clause 1 Article 53
and Article 54 hereof within their power specified in Clause 2 Article 61
hereof and their jurisdiction;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Director General of
the Vietnam Directorate of Market Surveillance shall impose penalties and
remedial measures against the administrative violations prescribed in Chapter
III and Chapter IV hereof within his/her power specified in Clause 4 Article 61
hereof and his/her jurisdiction.
7. Industry and trade
inspectors, price inspectors, natural resources and environment inspectors and
science and technology inspectors shall impose penalties and remedial measures
against the administrative violations prescribed in this Decree within his/her
power specified in Article 62 hereof and his/her jurisdiction.
Chapter VI
IMPLEMENTATION
CLAUSE
Article 64. Effect
1. This Decree comes into
force from October 11, 2020.
2. The Government’s
Decree No. 67/2017/ND-CP dated May 25, 2017 shall cease to have effect from the
effective date of this Decree.
3. Fines imposed for
violations committed by gas distributors or gas traders being general agents or
agents having the effective certificate of eligibility issued prior to the
effective date of the Government's Decree No. 87/2018/ND-CP dated June 15, 2018
on gas trading during their operation are the same as those imposed for the
violations committed by gas traders.
Article
65. Responsibility for implementation
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Presidents of provinces
and central-affiliated cities and relevant organizations and individuals are
responsible for the implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc