Decree No. 104/2011/ND-CP on administrative penalties for violations related to gasoline business operations

DECREE

Regulations on Administrative Offenses and Penalties for Gasoline and Oil Trading

____________________

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Trade dated June 14, 2005;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002; and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance dated April 2, 2008;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative offenses, forms and levels of penalties, measures to remedy consequences, authority and procedures for handling administrative offenses related to gasoline and oil trading.

2. An act of administrative offense concerning gasoline and oil trading is an intentional or negligent act of individuals or organizations violating state management regulations on gasoline and oil trading that does not constitute a crime and is subject to administrative penalty under this Decree.

3. Other acts of administrative offenses concerning gasoline and oil trading not specified in this Decree shall be governed by the provisions of laws on administrative penalties in relevant fields.

Article 2. Applicability

1. Vietnamese individuals and organizations committing administrative offenses concerning gasoline and oil trading within the territory of the Socialist Republic of Vietnam.

2. Foreign individuals and organizations committing administrative offenses concerning gasoline and oil trading within the territory of the Socialist Republic of Vietnam, except where international treaties to which Vietnam is a party provide otherwise.

Article 3. Forms of Administrative Penalties and Measures to Remedy Consequences

1. Acts of administrative offenses concerning gasoline and oil trading must bear one of the following main forms of penalties:

a) Warning;

b) Fine.

2. Depending on the nature and degree of violation, organizations and individuals committing administrative offenses concerning gasoline and oil trading may also be subject to one or more supplementary forms of penalty as follows:

a) Revocation of the Certificate of Eligibility for Gasoline and Oil Trading Business, Export and Import License for Gasoline and Oil.

b) Confiscation of objects and means used to commit administrative violations.

3. Depending on the nature and degree of violation, organizations and individuals committing administrative offenses concerning gasoline and oil trading may also be subject to one or more remedial measures as specifically provided in the Articles of Chapter II of this Decree.

Article 4. Application of Provisions on Administrative Penalties

Principles of administrative penalties; mitigating circumstances, aggravating circumstances; statute of limitations for administrative offenses; period considered as not having been administratively penalized; application of forms of administrative penalties and remedial measures; responsibilities of persons with authority in handling administrative offenses concerning gasoline and oil trading shall be implemented according to the provisions of the Administrative Violation Handling Ordinance 2002 amended and supplemented in 2008 and Government Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008.

Chapter II

ACTS OF ADMINISTRATIVE OFFENSES, FORMS AND LEVELS OF PENALTY

Section 1

VIOLATIONS CONCERNING EXPORT AND IMPORT LICENSE FOR GASOLINE AND OIL, CERTIFICATE OF ELIGIBILITY FOR GASOLINE AND OIL TRADING BUSINESS

Article 5. Violations Concerning the Use of Export and Import License for Gasoline and Oil

1. A fine of VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Exporting or importing gasoline and oil when the Export and Import License for Gasoline and Oil has expired;

b) Erasing, altering the Export and Import License for Gasoline and Oil;

c) Renting out, lending or renting, borrowing the Export and Import License for Gasoline and Oil;

d) Forging or using a forged Export and Import License for Gasoline and Oil.

2. Additional forms of punishment:

a) Revocation of the right to use the Export and Import License for Gasoline and Oil for up to 12 months for violations as stipulated at point b and c of Clause 1 of this Article;

b) Revocation of the right to use the Export and Import License for Gasoline and Oil for over 12 months for violations as stipulated at point b and c of Clause 1 of this Article in cases of repeated violations or recidivism;

c) Confiscation of the forged Export and Import License for Gasoline and Oil for violations as stipulated at point d of Clause 1 of this Article.

Article 6. Violations concerning the use of the Certificate of Adequate Conditions for Gasoline Business

1. A fine of from 10,000,000 VND to 20,000,000 VND for one of the following violations:

a) Erasing, altering the Certificate of Adequate Conditions for Gasoline Business;

b) Renting out, lending, or renting, borrowing the Certificate of Adequate Conditions for Gasoline Business;

c) Counterfeiting or using counterfeit Certificate of Adequate Conditions for Gasoline Business.

2. A fine of from twenty million dong to thirty million dong shall be imposed for one of the following violations:

a) Engaging in gasoline business when the Certificate of Adequate Conditions for Gasoline Business has expired, been revoked, or had its usage rights withdrawn;

b) Engaging in gasoline business without the Certificate of Adequate Conditions for Gasoline Business.

3. Additional forms of punishment:

a) Withdrawal of the right to use the Certificate of Adequate Conditions for Gasoline Business for up to 12 months for violations stipulated in points a and b of Clause 1 of this Article;

b) Withdrawal of the right to use the Certificate of Adequate Conditions for Gasoline Business for more than 12 months for violations stipulated in points a and b of Clause 1 of this Article in cases of repeated offenses or recidivism;

c) Confiscation of counterfeit Certificate of Adequate Conditions for Gasoline Business for violations stipulated in point c of Clause 1 of this Article.

Section 2

VIOLATIONS CONCERNING CONDITIONS FOR GASOLINE BUSINESS

Article 7. Violations concerning conditions for exporting and importing gasoline

1. Fine from 20,000,000 VND to 30,000,000 VND for the act of exporting or importing gasoline when the Enterprise Registration Certificate does not register gasoline business;

2. Fine from 30,000,000 VND to 40,000,000 VND for traders engaged in exporting and importing gasoline who commit one of the following violations:

a) Having a wharf but not in accordance with regulations;

b) Having an import petroleum product storage facility but not in accordance with regulations;

c) Having a petroleum product transport vehicle but not in accordance with regulations;

d) Having a petroleum product distribution system but not in accordance with regulations;

đ) Having an aircraft fuel refueling vehicle but not in accordance with regulations.

3. Fine from 40,000,000 VND to 50,000,000 VND for traders engaged in exporting and importing gasoline who commit one of the following violations:

a) Not having a dedicated wharf;

b) Not having an import petroleum product storage facility;

c) Not having a dedicated petroleum product transport vehicle;

d) Not having a petroleum product distribution system;

đ) Not having an aircraft fuel refueling vehicle.

4. Additional forms of administrative punishment:

a) Withdrawal of the right to use the Export and Import Business License for gasoline for up to 12 months for violations stipulated in Clauses 2 and 3 of this Article;

b) Withdrawal of the right to use the Export and Import Business License for gasoline for more than 12 months for violations stipulated in Clauses 2 and 3 of this Article in cases of repeated offenses or recidivism.

5. Measures to remedy consequences:

Compel compliance with regulations on conditions for exporting and importing gasoline for violations under this Article.

Article 8. Violations concerning conditions for producing gasoline

1. Fine from 20,000,000 VND to 30,000,000 VND for the act of producing gasoline when the Enterprise Registration Certificate does not register gasoline business;

2. Fine from 30,000,000 VND to 40,000,000 VND for traders producing gasoline who commit one of the following violations:

a) The petroleum product production facility does not comply with the approved planning;

b) There is a testing and measuring room but it lacks the capacity to test the quality of produced petroleum products as prescribed.

3. Fine from 40,000,000 VND to 50,000,000 VND for traders producing gasoline who commit one of the following violations:

a) The petroleum product production facility has not been permitted for investment by the competent authority;

b) There is no testing and measuring room to check the quality of produced petroleum products as prescribed.

4. Measures to remedy consequences:

Compel compliance with regulations on conditions for producing gasoline for violations under this Article.

Article 9. Violations concerning conditions for general agency gasoline business

1. Fine from 10,000,000 VND to 20,000,000 VND for general agencies engaged in gasoline business who commit one of the following violations:

a) Engaging in petroleum product operations when the Enterprise Registration Certificate does not register petroleum product operations;

b) Management staff and direct sales personnel have not been trained in technical safety fire prevention and environmental protection as prescribed.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on principal agencies for petroleum products that commit any of the following violations:

a) There is a petroleum product storage tank but not in accordance with regulations;

b) There is a petroleum product distribution system but not in accordance with regulations;

c) There is a petroleum product transport vehicle but not in accordance with regulations.

3. Fine from 30,000,000 VND to 40,000,000 VND for general agencies engaged in gasoline business who commit one of the following violations:

a) Not having a petroleum product storage tank;

b) Not having a petroleum product distribution system;

c) Not having a dedicated petroleum product transport vehicle.

4. Measures to remedy consequences:

Compel compliance with regulations on conditions for general agency gasoline business for violations under this Article.

Article 10. Violations concerning the business conditions of retail gasoline agencies

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on retail gasoline agencies that commit any of the following violations:

a) Engaging in petroleum product operations when the Enterprise Registration Certificate does not register petroleum product operations;

b) Management staff and direct sales personnel have not been trained in technical safety fire prevention and environmental protection as prescribed.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on retail gasoline agencies that do not have a retail gasoline store as prescribed.

3. Measures to remedy consequences:

Order compliance with the business conditions for retail gasoline agencies for violations under this Article.

Article 11. Violations concerning the business conditions of retail gasoline stores

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed in cases where management staff or direct sales personnel of gasoline have not been trained in technical safety skills for fire prevention, firefighting, and environmental protection as prescribed.

2. Impose a fine of from VND 10,000,000 to VND 20,000,000 for one of the following violations:

a) The location of the retail gasoline store does not match the location recorded in the Certificate of Eligibility for Gasoline Business Operations;

b) The retail gasoline store does not have sufficient equipment as prescribed or the equipment at the retail gasoline store does not meet the prescribed standards.

3. Impose a fine of from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) The location of the retail gasoline store is not in accordance with the approved planning scheme;

b) The retail gasoline store does not have the required equipment.

4. Additional forms of administrative punishment:

a) Suspension of the right to use the Certificate of Eligibility for Gasoline Business Operations for up to twelve months for violations stipulated in Clause 2 and Clause 3 of this Article;

b) Suspension of the right to use the Certificate of Eligibility for Gasoline Business Operations for more than twelve months for violations stipulated in Clause 2 and Clause 3 of this Article in cases of repeated offenses or recidivism.

5. Measures to remedy consequences:

a) Order the dismantling of the retail gasoline store for violations stipulated in Point a of Clause 2 and Point a of Clause 3 of this Article;

b) Order compliance with the business conditions for gasoline operations for violations stipulated in this Article.

Article 12. Violations concerning the business conditions for gasoline service activities

1. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on enterprises engaged in gasoline transportation services or leasing port and warehouse reception services for gasoline that commit any of the following violations:

a) Engaging in gasoline transportation services or leasing port and warehouse reception services for gasoline when the Enterprise Registration Certificate does not include gasoline business registration;

b) Management staff or direct sales personnel or management staff or direct users of transportation means have not been trained in technical safety skills for fire prevention, firefighting, and environmental protection as prescribed.

2. A fine of VND 30,000,000 to VND 40,000,000 for one of the following violations:

a) Enterprises engaged in leasing port and warehouse reception services for gasoline have piers or warehouses but not in accordance with regulations;

b) Enterprises engaged in gasoline transportation services have transportation means for gasoline but not in accordance with regulations.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Enterprises engaged in leasing port and warehouse reception services for gasoline do not have specialized piers or warehouses;

b) Enterprises engaged in gasoline transportation services do not have specialized transportation means for gasoline.

4. Measures to remedy consequences:

Order compliance with the business conditions for gasoline service activities for violations under this Article.

Section 3

VIOLATIONS OF GASOLINE PRICING REGULATIONS

Article 13. Violations concerning price listing and retail pricing of gasoline

1. A fine of from 10,000,000 VND to 20,000,000 VND for one of the following violations:

a) Not displaying the retail price of petroleum or displaying the retail price of petroleum incorrectly, unclearly causing confusion for customers;

b) Selling at prices other than those listed by the principal trader.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for arbitrarily adjusting retail gasoline prices outside the time period specified by the principal trader.

3. Additional forms of punishment:

a) Suspension of the right to use the Certificate of Eligibility for Gasoline Business Operations for up to twelve months for violations stipulated in Point b of Clause 1 and Clause 2 of this Article;

b) Suspension of the right to use the Certificate of Eligibility for Gasoline Business Operations for more than twelve months for violations stipulated in Point b of Clause 1 and Clause 2 of this Article in cases of repeated offenses or recidivism or during periods of price stabilization.

4. Measures to remedy consequences:

a) Order compliance with the prescribed price listing for violations stipulated in Point a of Clause 1 of this Article;

b) Order the return to the state budget of any illegal profits obtained due to administrative violations for violations stipulated in Point b of Clause 1 and Clause 2 of this Article.

Article 14. Violations concerning the retail price adjustment procedures for petroleum products of principal traders

1. A fine of from twenty million to thirty million Vietnamese dong shall be imposed on principal traders committing any of the following violations:

a) Not submitting pricing decisions and pricing plans to competent state agencies when adjusting retail prices of petroleum products upwards or downwards;

b) Not announcing or not sending pricing decisions regarding retail prices of petroleum products to units within the distribution system before the effective date of such price adjustments.

2. A fine of from thirty million to forty million Vietnamese dong shall be imposed on principal traders who fail to comply with regulations on price adjustment levels and the minimum time interval between two consecutive price increases or the maximum time interval between two consecutive price decreases when adjusting retail prices of petroleum products.

3. Additional forms of punishment:

a) Revocation of the right to use the Export and Import License for Petroleum Products for up to twelve months for violations stipulated in Clause 2 of this Article;

b) Revocation of the right to use the Export and Import License for Petroleum Products for over twelve months for violations stipulated in Clause 2 of this Article in cases of repeated offenses or recidivism or during periods of implementing price stabilization measures.

4. Measures to remedy consequences:

a) Compelling compliance with regulations on retail price adjustments for violations stipulated in Clause 1 and Clause 2 of this Article;

b) Compelling the return to the State budget of illegal profits obtained through administrative violations for violations stipulated in Clause 2 of this Article.

Section 4

VIOLATIONS CONCERNING MEASUREMENT AND QUALITY OF PETROLEUM PRODUCTS

Article 15. Violations concerning the use of measuring instruments in petroleum product trading

1. A fine of from 10,000,000 VND to 20,000,000 VND for one of the following violations:

a) Using a Calibration Certificate or seal, sticker of calibration of petroleum measuring instruments that have expired;

b) Using a Calibration Certificate that has been erased, altered, or forged.

2. A fine of from twenty million dong to thirty million dong shall be imposed for one of the following violations:

a) Removing seals, lead seals, calibration seals, stickers of calibration on measuring instruments without notifying the competent authority as prescribed;

b) Altering the technical condition and measurement characteristics of measuring instruments such as affecting, adjusting, repairing, replacing, adding, or removing equipment from measuring instruments or using other devices to adjust the error of measuring instruments beyond permissible limits;

c) Using measuring instruments that are inaccurate, damaged, or do not comply with petroleum measurement regulations;

d) Using petroleum measuring instruments without a Calibration Certificate, calibration seal, or calibration sticker as prescribed;

e) Failing to calibrate measuring instruments within the prescribed period upon request of the competent authority;

f) Engaging in other fraudulent acts related to measurement when selling petroleum products.

3. Additional forms of punishment:

a) Revocation of the right to use the Business Registration Certificate for Petroleum Products for up to twelve months for violations stipulated in Clause 2 of this Article;

b) Revocation of the right to use the Business Registration Certificate for Petroleum Products for over twelve months for violations stipulated in Clause 2 of this Article in cases of repeated offenses or recidivism or during periods of implementing price stabilization measures;

c) Confiscation of Calibration Certificates for violations stipulated in point c of Clause 1, points b and c of Clause 2 of this Article;

d) Confiscation of measuring instruments and other devices for violations stipulated in points b and c of Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compelling the cessation of use of non-compliant measuring instruments and conducting calibration of measuring instruments before putting them back into use for violations stipulated in point a of Clause 1, points a, d, e, and f of Clause 2 of this Article;

b) Compelling the return to the State budget of illegal profits obtained through administrative violations for violations stipulated in points b, c, and e of Clause 2 of this Article.

Article 16. Violations concerning the quality of gasoline and fuel circulating in the market

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on total distributors, distributors, and retail outlets of gasoline and fuel that introduce gasoline and fuel into circulation with quality not conforming to National Technical Regulations or Announced Standards.

2. A fine of from twenty million dong to thirty million dong shall be imposed for one of the following violations:

a) An enterprise producing gasoline and fuel that introduces gasoline and fuel into circulation when it has been certified as conforming to National Technical Regulations or does not ensure quality according to Announced Standards;

b) An enterprise importing gasoline and fuel that introduces gasoline and fuel into circulation with quality not conforming to National Technical Regulations or Announced Standards;

c) An enterprise providing gasoline and fuel services that alters the quality of gasoline and fuel or engages in fraudulent activities regarding the quality of gasoline and fuel during service provision.

3. Additional forms of punishment:

a) Revocation of the Certificate of Eligibility for Gasoline and Fuel Business Operations or Export and Import License for Gasoline and Fuel for up to twelve months for violations stipulated in Clause 1, Point a and b, Clause 2 of this Article;

b) Revocation of the Certificate of Eligibility for Gasoline and Fuel Business Operations or Export and Import License for Gasoline and Fuel for more than twelve months for violations stipulated in Clause 1, Point a and b, Clause 2 of this Article in cases of repeated offenses or recidivism or during price stabilization implementation.

4. Measures to remedy consequences:

a) Order to cease circulation of gasoline and fuel that has not been certified as conforming to National Technical Regulations or does not ensure quality for violations stipulated in this Article;

b) Order to recall all quantities of gasoline and fuel that have not been certified as conforming to National Technical Regulations or do not ensure quality currently circulating in the market for violations stipulated in this Article;

c) Compelling conversion of purpose or recycling of gasoline and diesel fuel that does not meet National Technical Regulations or announced standards in cases of violation of this Article;

d) Order to re-export or destroy gasoline and fuel with quality not conforming to National Technical Regulations or Announced Standards in cases where the measures prescribed in Point c, Clause 4 of this Article cannot be implemented or cause harm to health, safety, or the environment.

Section 5

VIOLATIONS OF OTHER PROVISIONS CONCERNING GASOLINE AND FUEL BUSINESS OPERATIONS

Article 17. Violations concerning registration of distribution systems

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on retail distributors of gasoline and fuel that commit any of the following violations:

a) Failure to register the distribution system with the competent state management agency as prescribed;

b) Fraudulent declaration in registering the distribution system.

2. A fine of from VND 10,000,000 to VND 20,000,000 for total agents of gasoline and diesel fuel that commit any of the following acts of violation:

a) Failure to register the distribution system with the competent state management agency as prescribed;

b) Fraudulent declaration in registering the distribution system.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on enterprises producing with distribution systems, enterprises exporting and importing gasoline and fuel that commit any of the following violations:

a) Failure to register the distribution system with the competent state management agency as prescribed;

b) Fraudulent declaration in registering the distribution system.

4. Additional forms of administrative punishment:

Revocation of the Certificate of Eligibility for Gasoline and Fuel Business Operations or Export and Import License for Gasoline and Fuel for up to twelve months for violations stipulated in this Article in cases of repeated offenses or recidivism.

5. Measures to remedy consequences:

Order to comply with provisions on registration of distribution systems for violations stipulated in this Article.

Article 18. Violations concerning the objects purchasing and selling gasoline and fuel

1. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on total distributors, distributors, and retail outlets of gasoline and fuel that engage in purchasing and selling gasoline and fuel with entities outside the distribution system, except for direct sales to end consumers.

2. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on key traders that sell gasoline and fuel to entities outside their distribution system, except for direct sales to industrial households and other key traders.

3. Additional forms of punishment:

a) Revocation of the Certificate of Eligibility for Gasoline and Fuel Business Operations or Export and Import License for Gasoline and Fuel for up to twelve months for violations stipulated in this Article;

b) Revocation of the Certificate of Eligibility for Gasoline and Fuel Business Operations or Export and Import License for Gasoline and Fuel for more than twelve months for violations stipulated in this Article in cases of repeated offenses or recidivism or during price stabilization implementation.

4. Measures to remedy consequences:

Order to comply with provisions on the objects purchasing and selling gasoline and fuel for violations stipulated in this Article.

Article 19. Violations concerning the assignment and acceptance of general agency and retail agency for petroleum products

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on retail agencies selling petroleum products that engage in retail agency activities exceeding the quantity of general agencies or principal traders as prescribed.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on general agencies trading in petroleum products that engage in general agency activities exceeding the quantity of principal traders as prescribed.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Key traders committing acts of granting principal agencies or retail agencies for petroleum products without a prescribed retail agency business contract;

b) An enterprise accepting general agency or retail agency for petroleum products without a prescribed petroleum product trading agency contract.

4. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on principal traders who enter into general agency or retail agency contracts for petroleum products with enterprises that do not meet the conditions to act as general agencies or retail agencies for petroleum products as prescribed.

5. Measures to remedy consequences:

Order compliance with regulations on general agencies and retail agencies for petroleum products for violations under this Article.

Article 20. Violations concerning the transfer and bunkering of petroleum products

1. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on general agencies and retail agencies selling petroleum products that transfer or bunker petroleum products at positions not as prescribed.

2. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed on principal traders that transfer or bunker petroleum products at positions not as prescribed.

3. Measures to remedy consequences:

Order compliance with regulations on the correct positions for transferring and bunkering petroleum products for violations under this Article.

Article 21. Violations concerning the production, export, import, temporary import for re-export, transshipment, and processing for export of petroleum products and raw materials for producing petroleum products

1. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on any of the following violations:

a) Enterprises producing petroleum products exporting petroleum products not produced or processed by themselves;

b) Processing for export of petroleum products when not being an enterprise producing petroleum products.

2. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on the act of trading in export, import, temporary import for re-export, and transshipment of petroleum products and raw materials for producing petroleum products without a Petroleum Export and Import Business License as prescribed or having been revoked or withdrawn.

3. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed on key traders committing any of the following violations:

a) Importing petroleum products below the minimum quantity and type limit assigned annually by competent state management authorities;

b) Producing petroleum products lower than the plan registered and confirmed annually by competent state management authorities;

c) Importing raw materials for producing petroleum products not according to the plan registered with competent state management authorities.

4. Additional forms of administrative punishment:

a) Revocation of the right to use the Petroleum Export and Import Business License for up to twelve months for violations stipulated in point a and c, Clause 3 of this Article;

b) Revocation of the right to use the Petroleum Export and Import Business License for more than twelve months for violations stipulated in point a and c, Clause 3 of this Article in cases of repeated offenses or recidivism or violations during the implementation of price stabilization measures.

5. Measures to remedy consequences:

Order compliance with plans for production, import quotas for petroleum products, and plans for importing raw materials for producing petroleum products as prescribed for violations under Clause 3 of this Article.

Article 22. Violations concerning reserves of petroleum products and raw materials for producing petroleum products

1. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on enterprises producing petroleum products that commit any of the following violations:

a) Maintaining a level of reserves of raw materials for producing petroleum products below the minimum level as prescribed in the plan registered with competent state management authorities;

b) Maintaining a level of circulating gasoline and fuel oil reserves below the minimum level prescribed in cases where there is a distribution system in the market.

2. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed on enterprises trading in export and import of petroleum products maintaining a level of circulating reserves of petroleum products below the minimum level as prescribed.

3. Additional forms of punishment:

a) Revocation of the right to use the Petroleum Export and Import Business License for up to twelve months for violations stipulated in point b, Clause 1 and Clause 2 of this Article;

b) Revocation of the right to use the Petroleum Export and Import Business License for more than twelve months for violations stipulated in point b, Clause 1 and Clause 2 of this Article in cases of repeated offenses or recidivism or violations during the implementation of price stabilization measures.

4. Measures to remedy consequences:

Order compliance with regulations on circulating reserves of petroleum products or reserves of raw materials for producing petroleum products for violations under this Article.

Article 23. Violation of regulations on signage

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not recording or incorrectly recording the name of the principal trader supplying petroleum products on the signage of retail petroleum product stores.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the principal trader who does not uniformly record the name of the principal trader on the signage of retail petroleum product stores within their distribution system.

3. Measures to remedy consequences:

Obligation to comply with regulations on recording the name of the principal trader on the signage of retail petroleum product stores for violations under this Article.

Article 24. Violation of regulations on selling petroleum products

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on retail petroleum product stores committing one of the following violations:

a) Not posting business hours at the place of sale;

b) Displaying business hours unclearly or not easily visible.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on retail petroleum product stores committing one of the following violations:

a) Reducing business hours compared to the displayed hours or previous business hours without legitimate reasons;

b) Not selling goods or stopping sales without legitimate reasons;

c) Reducing the quantity of goods sold compared to previous times without legitimate reasons.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on general agents and principal traders reducing the quantity of goods sold compared to previous times without legitimate reasons.

4. Additional forms of administrative punishment:

a) Revocation of the Certificate of Eligibility for Petroleum Product Business or Export and Import License for Petroleum Products for up to twelve months for violations stipulated in Clause 2 and 3 of this Article;

b) Revocation of the Certificate of Eligibility for Petroleum Product Business or Export and Import License for Petroleum Products for more than twelve months for violations stipulated in Clause 2 and 3 of this Article in cases of repeated violations or recidivism or violations during price stabilization implementation.

5. Measures to remedy consequences:

Obligation to comply with regulations on selling petroleum products for violations under this Article.

Article 25. Violation of regulations on transporting, trading, and exchanging petroleum products across borders

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of transporting, trading, or exchanging petroleum products across borders contrary to regulations if the value of petroleum products is up to VND 10,000,000.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is from over VND 10,000,000 to VND 30,000,000.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is from over VND 30,000,000 to VND 50,000,000.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is from over VND 50,000,000 to VND 70,000,000.

5. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is from over VND 70,000,000 to less than VND 100,000,000.

6. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is VND 100,000,000 or more and is not subject to criminal liability.

7. Additional forms of administrative sanction:

a) Seize petroleum products for violations stipulated in this Article;

b) Revocation of the Certificate of Eligibility for Petroleum Product Business or Export and Import License for Petroleum Products for up to twelve months for violations stipulated in this Article;

c) Revocation of the Certificate of Eligibility for Petroleum Product Business or Export and Import License for Petroleum Products for more than twelve months for violations stipulated in this Article in cases of repeated violations or recidivism.

d) Confiscation of the means of transport for petroleum products for violations stipulated in this Article if it falls under one of the following circumstances: the value of the contraband goods is VND 100,000,000 or more; repeated violations or recidivism or violations during price stabilization implementation; using license plates that are not those of the transport vehicle or license plates not issued by competent state management agencies; vehicles modified for transporting contraband goods; acts of evading or obstructing law enforcement officers, except for cases prescribed in the Administrative Violations Handling Ordinance 2002 and Clause 2 of Article 12 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing certain provisions of the Administrative Violations Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violations Handling Ordinance 2008.

Article 26. Violations concerning the business of illegally imported gasoline and diesel oil

The act of engaging in the business of illegally imported gasoline and diesel oil shall be governed by Article 22 of Decree No. 06/2008/ND-CP dated January 16, 2008 of the Government on administrative penalties for violations in commercial activities, as amended and supplemented by Decree No. 112/2010/ND-CP dated December 1, 2010 of the Government, to impose penalties.

Article 27. Violations concerning management of gasoline and diesel oil business in border areas

1. A fine of from five million dong to ten million dong shall be imposed on any of the following violations if the value of gasoline and diesel oil does not exceed ten million dong:

a) Transporting petroleum products into border areas not in accordance with regulations;

b) Trading or exchanging petroleum products at sea with foreign fishing vessels or marine capture equipment.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is from over VND 10,000,000 to VND 30,000,000.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is from over VND 30,000,000 to VND 50,000,000.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is from over VND 50,000,000 to VND 70,000,000.

5. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is from over VND 70,000,000 to less than VND 100,000,000.

6. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article if the value of petroleum products is VND 100,000,000 or more and is not subject to criminal liability.

7. A fine of from ten million dong to twenty million dong shall be imposed on retail outlets selling gasoline and diesel oil in border areas that commit any of the violations of management regulations for gasoline and diesel oil business in border areas issued by the Ministry of Industry and Trade but not provided for in this Decree.

8. Additional forms of punishment:

a) Seize petroleum products for violations stipulated in this Article;

b) Suspension of the right to use the Certificate of Eligibility for Gasoline and Diesel Oil Business for up to twelve months for retail outlets that violate the provisions of this Article;

c) Suspension of the right to use the Certificate of Eligibility for Gasoline and Diesel Oil Business for more than twelve months for retail outlets that repeatedly violate the provisions of this Article or reoffend or violate during the implementation of price stabilization measures.

9. Remedial measures:

Compel compliance with management regulations for gasoline and diesel oil business in border areas for violations under this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES FOR VIOLATIONS CONCERNING GASOLINE AND DIESEL OIL BUSINESS

Article 28. Authority to Impose Administrative Penalties of People's Committees

The Chairpersons of People's Committees at all levels have the authority to impose administrative penalties for violations concerning gasoline and diesel oil business stipulated in this Decree according to the authority prescribed in the Administrative Violation Handling Law 2002, as amended and supplemented in 2008.

Article 29. Authority to Impose Administrative Penalties of Market Management Agencies

1. Persons authorized by market management agencies as prescribed in the Administrative Violation Handling Law 2002 have the authority to impose administrative penalties for violations concerning gasoline and diesel oil business stipulated in this Decree.

2. The authority to impose administrative penalties as prescribed in Clause 1 of this Article of the Team Leader of Market Management Teams:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscation of goods and means of transport used for committing administrative violations with a value up to thirty million dong;

d) Compel the implementation of measures to remedy consequences for administrative violations stipulated in this Decree.

3. The authority to impose administrative penalties as prescribed in Clause 1 of this Article of the Director of Market Management Branches:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Suspension of the right to use the Certificate of Eligibility for Gasoline and Diesel Oil Business;

d) Confiscate objects and means used to commit administrative violations;

d) Compel the implementation of measures to remedy consequences for administrative violations stipulated in this Decree.

4. The authority to impose administrative penalties as prescribed in Clause 1 of this Article of the Director of Market Management Departments:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) Suspension of the right to use the Certificate of Eligibility for Gasoline and Diesel Oil Business or the License for Exporting and Importing Gasoline and Diesel Oil;

d) Confiscate objects and means used to commit administrative violations;

d) Compel the implementation of measures to remedy consequences for administrative violations stipulated in this Decree.

Article 30. Authority to Impose Administrative Penalties of Police, Customs, Border Guard, Coast Guard, and Specialized Inspectors

Persons authorized to impose administrative penalties of police, customs, border guard, coast guard, specialized inspectors have the authority to impose penalties for violations concerning gasoline and diesel oil business stipulated in this Decree within their jurisdiction and field of management as prescribed in the Administrative Violation Handling Law 2002, as amended and supplemented in 2008.

Article 31. Principles for Determining the Authority to Impose Administrative Penalties and Delegation of Authority to Impose Administrative Penalties for Petroleum Business Operations

The principles for determining the authority to impose administrative penalties and delegation of authority to impose administrative penalties for petroleum business operations shall be implemented in accordance with the provisions of the Administrative Violation Handling Ordinance 2002, amended and supplemented in 2008, and Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain articles of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2008.

Article 32. Procedures for Imposing Administrative Penalties, Enforcement of Administrative Penalty Decisions, and Other Related Provisions on Administrative Penalties for Petroleum Business Operations

The procedures for imposing administrative penalties, enforcement of administrative penalty decisions, and other related provisions on administrative penalties for petroleum business operations shall be implemented in accordance with the provisions of the Administrative Violation Handling Ordinance 2002, amended and supplemented in 2008, and Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain articles of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2008.

Chapter IV

IMPLEMENTING PROVISIONS

Article 33. Effective Date

1. This Decree takes effect from January 1, 2012.

2. Repeal Article 10 of Decree No. 107/2008/NĐ-CP dated September 22, 2008 of the Government stipulating administrative penalties for speculative hoarding, excessive price hikes, dissemination of false information, smuggling, and commercial fraud.

Article 34. Responsibility for Implementation

1. The Minister of Industry and Trade shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.