Decree No. 105/2011/ND-CP on administrative penalties for violations related to liquefied petroleum gas (LPG) business

DECREE

Regulations on Administrative Sanctions for Violations in Liquefied Petroleum Gas (LPG) Business

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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 Ordinance on Handling Administrative Violations dated July 2, 2002; the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Handling Administrative Violations 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 violations, forms, levels of sanctions, measures to remedy consequences, authority, and procedures for imposing administrative sanctions regarding LPG business (hereinafter referred to as LPG).

2. Acts of administrative violations in LPG business are intentional or negligent acts of individuals or organizations violating state management regulations on LPG business that do not constitute criminal offenses and are subject to administrative sanctions under this Decree.

3. Other administrative violations in LPG business not specified in this Decree shall be governed by the provisions of laws on administrative sanctions in relevant fields.

Article 2. Applicability

1. Vietnamese individuals or organizations committing administrative violations in LPG business within the territory of the Socialist Republic of Vietnam.

2. Foreign individuals or organizations committing administrative violations in LPG business 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 Sanctions and Measures to Remedy Consequences

1. Acts of administrative violations in LPG business must bear one of the following main forms of sanctions:

a) To issue warnings;

b) Fine.

2. Depending on the nature and degree of the violation, organizations or individuals committing administrative violations in LPG business may also be subject to one or more of the following supplementary forms of sanctions:

a) Revocation of the Certificate of Eligibility for LPG Business, Certificate of Eligibility for Refilling LPG into Bottles, Certificate of Eligibility for Refilling LPG into Vehicles, Certificate of Technical Eligibility for Producing and Processing LPG, Certificate of Eligibility for Distributing LPG, Certificate of Eligibility for Producing and Repairing LPG Bottles, Certificate of Eligibility for Inspecting LPG Bottles;

b) Confiscation of contraband items and means used to commit administrative violations. In cases where LPG bottles are confiscated according to this Decree and the law provides for their return to the owner, such provisions shall be followed.

3. Depending on the nature and degree of the violation, organizations or individuals committing administrative violations in LPG business may also be subject to one or more specific remedial measures provided for in the Articles of Chapter II of this Decree.

Article 4. Application of Provisions on Administrative Sanctions

Principles of administrative sanctions; mitigating circumstances, aggravating circumstances; statute of limitations for administrative sanctions; period considered as not having been administratively sanctioned; application of forms of administrative sanctions and remedial measures; responsibilities of those authorized to impose administrative sanctions on LPG business shall be implemented in accordance with the Ordinance on Handling Administrative Violations 2002 amended and supplemented in 2008 and Government Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Handling Administrative Violations 2008.

Chapter II

For the act of trading counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:

Section 1

VIOLATIONS OF BUSINESS CONDITIONS FOR LPG

Article 5. Violations concerning export and import conditions for LPG

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on acts of exporting or importing LPG when the Enterprise Registration Certificate does not register for export or import of LPG.

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

a) Not having the minimum number of LPG cylinders of various types as prescribed and owned by the trader.

b) LPG cylinders that do not comply with registered trademarks as prescribed.

c) Having a storage facility for receiving imported LPG from ships or other means of transport but the capacity of the storage tanks does not meet the minimum level as prescribed.

d) General agents or agents in the LPG distribution system that do not meet the business conditions as prescribed.

3. A fine from VND 30,000,000 to VND 40,000,000 for any of the following acts of violation:

a) Not having an LPG refilling station for cylinders or having such a station but not being issued with a Certificate of Eligibility to Refill LPG into Cylinders as prescribed;

b) The LPG distribution system not having stores or refilling stations for LPG into cars or LPG supply stations as prescribed.

c) Not having or not having the required number of general agents or agents selling LPG as prescribed.

d) Not having a wharf or having a wharf but not in accordance with the prescribed regulations.

d) Not having a storage facility for imported LPG from ships or other means of transport.

4. Measures to remedy consequences:

Obligate compliance with the conditions for exporting and importing LPG as stipulated in this Article.

Article 6. Violations concerning production and processing conditions for LPG

1. Imposing a fine of VND 10,000,000 to VND 20,000,000 for producing or processing LPG when the Enterprise Registration Certificate does not register production or processing of LPG.

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

a) The production or processing facility not being in accordance with the plan or not being approved by the competent authority for investment construction.

b) Having an LPG storage facility but not in accordance with the planning scheme or failing to meet current technical standards;

c) Having an LPG storage facility but its total capacity is lower than the minimum level prescribed;

d) Having a testing laboratory but lacking the capability to test LPG quality as prescribed.

3. A fine from VND 30,000,000 to VND 40,000,000 for any of the following acts of violation:

a) Not having a Certificate of Technical Eligibility for Producing and Processing LPG.

b) Not having a testing laboratory;

c) Not having an LPG storage facility.

4. Additional forms of administrative punishment:

a) Revoking the right to use the Certificate of Technical Eligibility for Production and Processing of LPG for up to 12 months for violations stipulated in Clause 2, Points b and c, Clause 3 of this Article;

b) Revoking the right to use the Certificate of Technical Eligibility for Production and Processing of LPG for more than 12 months for violations stipulated in Clause 2, Points b and c, Clause 3 of this Article in cases of repeated offenses or recidivism.

5. Measures to remedy consequences:

Obligate compliance with the conditions for production and processing of LPG as stipulated in this Article.

Article 7. Violations concerning conditions for first-level LPG distributors

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on acts of distributing LPG when the Enterprise Registration Certificate does not register for LPG business.

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

a) Having an LPG storage facility but the total capacity is lower than the minimum level prescribed.

b) Having an LPG storage facility but constructed not in accordance with the plan or not meeting current technical standards.

c) Having an LPG storage facility but not owned or jointly owned as prescribed.

d) Having LPG cylinders but not meeting the minimum number as prescribed.

đ) LPG cylinders that do not comply with registered trademarks as prescribed.

e) Retail stores selling LPG cylinders, LPG supply stations, LPG refueling stations for vehicles, main distributors, and LPG distributors within the system do not meet the prescribed conditions.

3. A fine from VND 30,000,000 to VND 40,000,000 for any of the following acts of violation:

a) Not having an LPG distribution system as prescribed.

b) Having an LPG distribution system but not having stores selling bottled LPG or LPG supply stations or LPG refilling stations for cars or not having the required number of general agents or agents selling LPG as prescribed.

c) Not having an LPG storage facility;

d) Not having an LPG refilling station for cylinders or having such a station but not being issued with a Certificate of Eligibility to Refill LPG into Cylinders.

4. Measures to remedy consequences:

Obligate compliance with the conditions for first-level LPG distributors as stipulated in this Article.

Article 8. Violations concerning conditions for main LPG distributors

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

a) Engaging in LPG business when the Enterprise Registration Certificate does not register as an LPG distributor;

b) Having a storage facility for LPG cylinders and bottled LPG but constructing it not in accordance with technical standards or failing to meet the minimum capacity requirement as prescribed;

c) The LPG distribution system does not have retail stores selling LPG cylinders or LPG refueling stations for vehicles as prescribed;

d) The LPG distribution system does not have the minimum number of distributors or has distributors that do not meet the prescribed business conditions;

đ) Entering into agency contracts with LPG main traders who do not meet the prescribed conditions;

e) Not having an agency contract with a primary LPG trader as prescribed;

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

a) Not having an LPG cylinder storage warehouse;

b) Not having an LPG distribution system;

3. Measures to remedy consequences:

Obligate compliance with the conditions for main LPG distributors as stipulated in this Article.

Article 9. Violations concerning conditions for LPG distributors

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Engaging in LPG business when the Enterprise Registration Certificate or Business Registration Certificate does not register as an LPG distributor;

b) Having retail stores selling LPG cylinders or LPG refueling stations for vehicles but not being issued with a Certificate of Eligibility for Fire Prevention and Control as prescribed.

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

a) Not having retail stores selling LPG cylinders or LPG refueling stations for vehicles;

b) Not having an agency contract with LPG main traders or main distributors who do not meet the prescribed conditions.

3. Measures to remedy consequences:

Obligate compliance with the conditions for LPG distributors as stipulated in this Article.

Article 10. Violations concerning the conditions for retail liquefied petroleum gas (LPG) stores

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Engaging in LPG business when the Enterprise Registration Certificate or Business Household Registration Certificate does not include registration for selling bottled LPG.

b) Not having a Fire Prevention and Control Condition Certificate as prescribed.

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

a) Not having a LPG Business Condition Certificate.

b) Not having a purchase contract for bottled LPG with a distributor, main distributor, or primary trader as prescribed.

3. Measures to remedy consequences:

Compel compliance with the conditions for retail LPG stores as stipulated in this Article.

Article 11. Violations concerning the conditions for LPG refilling stations

1. Imposing a fine of from VND 5,000,000 to VND 10,000,000 on LPG refilling stations that do not have a Fire Prevention and Control Condition Certificate as prescribed.

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

a) Refueling LPG into cylinders when the Business Registration Certificate does not register for refueling LPG into cylinders;

b) Not having a Refilling Condition Certificate.

c) The protective fence surrounding the refilling station does not ensure ventilation or comply with the prescribed safety distance.

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 LPG refilling station is not in accordance with planning.

b) The project and design of the LPG refilling station have not been approved by the competent authority for investment construction.

c) Not having complete refilling procedures for bottles, tank trucks, operation of machines and equipment within the station, handling incidents, and safety regulations.

4. Impose a fine of from VND 30,000,000 to VND 40,000,000 for one of the following violations:

a) The refueling station, refueling equipment, pipeline systems, tanks, and auxiliary equipment not complying with safety regulations according to technical standards;

b) Machines and equipment with strict requirements for labor safety and hygiene have not been inspected and registered as prescribed.

c) Not having refilling procedures for bottles, tank trucks, operation of machines and equipment within the station, handling incidents, and safety regulations.

5. Imposing a fine of from VND 40,000,000 to VND 50,000,000 on the act of renting, lending, leasing, borrowing, or forging a Refilling Condition Certificate.

6. Additional forms of punishment:

a) Seizing the forged Refilling Condition Certificate for violations stipulated in Clause 5 of this Article.

b) Revoking the right to use the Refilling Condition Certificate for up to 12 months for violations stipulated at points a and b of Clause 3, Clause 4, and Clause 5 of this Article.

c) Revoking the right to use the Refilling Condition Certificate for over 12 months for violations stipulated at points a and b of Clause 3, Clause 4, and Clause 5 of this Article in cases of repeated or recidivist offenses.

7. Measures to remedy consequences:

Compel compliance with the conditions for LPG refilling stations as stipulated in this Article.

Article 12. Violations concerning the conditions for LPG refueling stations for vehicles

1. Imposing a fine of from VND 5,000,000 to VND 10,000,000 on the act of not having a Fire Prevention and Control Condition Certificate as prescribed.

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

a) Constructing an LPG refueling station for automobiles without following planning or technical standards;

b) The LPG refueling station for vehicles does not have a Construction Permit or the project and design of the LPG refueling station for vehicles have not been approved by the competent authority for investment construction.

c) Not having a Vehicle Refueling Condition Certificate.

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

a) Not calibrating or adjusting measuring equipment as prescribed;

b) Not registering and inspecting equipment with strict safety requirements for LPG refueling for automobiles as prescribed.

4. Additional forms of administrative punishment:

a) Revoking the right to use the Vehicle Refueling Condition Certificate for up to 12 months for violations stipulated at points a and b of Clause 2 and Clause 3 of this Article.

b) Revoking the right to use the Vehicle Refueling Condition Certificate for over 12 months for violations stipulated at points a and b of Clause 2 and Clause 3 of this Article in cases of repeated or recidivist offenses.

5. Measures to remedy consequences:

Compel compliance with the conditions for LPG refueling stations for vehicles as stipulated in this Article.

Article 13. Violations concerning the conditions for LPG supply stations

1. Imposing a fine of from VND 5,000,000 to VND 10,000,000 on the act of not having a Fire Prevention and Control Condition Certificate as prescribed.

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

a) An LPG supply station constructed without following the planning or technical standards;

b) An LPG supply station lacking a Construction Permit or a project and design for the LPG supply station not approved by the competent authority to allow investment construction;

c) An LPG supply station lacking signs indicating "No Fire", "No Smoking", "Fire Prevention and Fighting Regulations", "LPG Supply Station Entry Regulations" hung in visible and readable locations;

d) Lack of a Certificate of Eligibility for LPG Supply.

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

a) Not calibrating or adjusting measuring equipment as prescribed;

b) Not having a test result certificate for equipment with strict safety requirements for LPG supply stations.

4. Additional forms of administrative punishment:

a) Revocation of the right to use the Certificate of Eligibility for LPG Supply for up to 12 months for violations stipulated in points a and b, Clause 2, Articles 2 and 3 of this Law;

b) Revocation of the right to use the Certificate of Eligibility for LPG Supply for more than 12 months for violations stipulated in points a and b, Clause 2, Articles 2 and 3 of this Law in cases of repeated or recurrent violations.

5. Measures to remedy consequences:

Compel compliance with the conditions for LPG supply stations for violations under this Article.

Article 14. Violations concerning the conditions for operating services of renting warehouses and ports for LPG import and export

1. Fine from VND 10,000,000 to VND 20,000,000 for conducting business in services of renting warehouses and ports for LPG import and export when the Enterprise Registration Certificate does not register such services.

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

a) Having a wharf but it does not belong to the Vietnamese seaport system or the construction of the wharf does not meet technical standards.

b) Having a wharf but it is not owned, co-owned, or the lease term of the wharf does not comply with regulations.

c) Having an LPG warehouse but it was constructed without following the planning or has not been approved by the competent authority or does not meet technical standards.

d) Having an LPG warehouse but its total capacity is lower than the minimum level prescribed.

đ) Having an LPG warehouse but it is not owned, co-owned, or the lease term of the LPG warehouse does not comply with regulations.

3. A fine from VND 30,000,000 to VND 40,000,000 for any of the following acts of violation:

a) Not having a wharf.

b) Not having an LPG warehouse.

4. Measures to remedy consequences:

Compel compliance with the conditions for operating services of renting warehouses and ports for LPG import and export for violations under this Article.

Article 15. Violations concerning the conditions for operating services of transporting LPG

1. Fine from VND 10,000,000 to VND 20,000,000 for conducting business in services of transporting LPG when the Enterprise Registration Certificate does not register such services.

2. Fine from VND 20,000,000 to VND 30,000,000 for conducting business in services of transporting LPG but the transport means do not meet the required conditions as prescribed.

3. A fine from VND 30,000,000 to VND 40,000,000 for any of the following acts of violation:

a) Not having the means of transport for LPG as prescribed.

b) Not having a Dangerous Goods Transport Permit, a Certificate of Inspection for Measuring Equipment and Safety, or a Certificate of Inspection for Quality Standards and Environmental Protection as prescribed.

c) The Dangerous Goods Transport Permit, Certificate of Inspection for Measuring Equipment and Safety, or Certificate of Inspection for Quality Standards and Environmental Protection is no longer valid.

4. Measures to remedy consequences:

Compel compliance with the conditions for operating services of transporting LPG for violations under this Article.

Section 2

VIOLATIONS OF PROVISIONS IN THE BUSINESS ACTIVITIES OF MERCHANTS ENGAGED IN LPG DISTRIBUTION

Article 16. Violations concerning production and processing activities of LPG

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Lack of signs indicating "No Fire", "No Smoking", "No Unauthorized Entry", "Fire Prevention and Fighting Regulations", "Production and Processing Area Entry Regulations" hung in the production and processing areas according to regulations.

b) Not training staff working at LPG production and processing facilities as prescribed.

2. Fine from VND 10,000,000 to VND 20,000,000 for introducing LPG products into circulation for the first time without being inspected and confirmed by state authorities to ensure safety and quality standards as prescribed.

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

a) Not having a distribution system as prescribed when organizing retail sales of LPG and bottled LPG on the market.

b) The retail distribution system of LPG and bottled LPG does not meet the required conditions as prescribed.

c) Selling bulk LPG to traders who do not meet the required conditions as prescribed.

4. Additional forms of administrative punishment:

a) Revocation of the right to use the Certificate of Technical Eligibility for Production and Processing of LPG for up to 12 months for violations stipulated in Article 2 and 3 of this Law;

b) Revocation of the right to use the Certificate of Technical Eligibility for Production and Processing of LPG for more than 12 months for violations stipulated in Article 2 and 3 of this Law in cases of repeated or recurrent violations.

5. Measures to remedy consequences:

Compel compliance with the provisions on production and processing activities of LPG for violations under this Article.

Article 17. Violations concerning import, export, and temporary import for re-export activities of LPG

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for failing to train and instruct staff working at LPG business establishments as prescribed.

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

a) Importing used LPG cylinders and auxiliary equipment.

b) Importing unused LPG cylinders and auxiliary equipment without correct or any origin declaration.

3. Fine from VND 30,000,000 to VND 40,000,000 for the following violations:

a) Importing unused LPG cylinders and auxiliary equipment that do not meet quality standards or technical regulations as prescribed.

b) Engaging in temporary import for re-export, export of LPG when not being a principal trader.

4. Additional forms of administrative punishment:

a) Confiscation of LPG cylinders and auxiliary equipment for LPG use for violations stipulated in point a, Clause 2 of this Article;

b) Confiscation of LPG cylinders and auxiliary equipment for LPG use for violations stipulated in point b, Clause 2 and point a, Clause 3 of this Article in cases where the compulsory re-export measures stipulated in point b, Clause 5 of this Article are not implemented.

5. Measures to remedy consequences:

a) Compel compliance with the provisions of the law for violations under Clause 1 of this Article;

b) Compel re-export of LPG cylinders and auxiliary equipment for LPG use for violations stipulated in point b, Clause 2 and point a, Clause 3 of this Article.

Article 18. Violations of other provisions by bulk LPG traders

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

a) Failure to refund deposit money to customers when they no longer need LPG cylinders.

b) Selling LPG and LPG cylinders to entities outside their distribution system except in cases of direct sales contracts with end-users.

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

a) Signing contracts with traders who do not meet the conditions to act as general agents, agents, or retail stores selling LPG cylinders.

b) Selling bulk LPG to other LPG traders who do not meet the required conditions as prescribed.

c) Purchasing or selling LPG to LPG traders with refilling stations for LPG cylinders, supply stations, or vehicle refueling stations that do not meet the required conditions as prescribed;

d) Failing to conduct technical safety inspections on LPG cylinders and equipment with strict safety requirements as prescribed;

đ) Leasing warehouses, export ports, import ports, and transportation means to LPG traders who do not meet the required conditions as prescribed;

e) Failing to ensure the minimum level of LPG circulation reserves for the distribution system under their management as prescribed.

3. Measures to remedy consequences:

a) Compel compliance with legal provisions regarding violations stipulated herein;

b) Compel refund of deposit money to customers when they no longer have a need for LPG cylinders for the violation specified in point a, Clause 1, Article 18.

Section 3

VIOLATIONS OF PROVISIONS IN THE OPERATIONS OF GENERAL AGENTS, AGENTS, AND RETAIL STORES FOR LPG CYLINDERS

Article 19. Violations of general agents trading in LPG

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for failing to train and instruct staff working at general agent LPG business establishments as prescribed.

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

a) Signing contracts to act as general agents exceeding the number of principal traders in LPG as prescribed.

b) Signing contracts with traders who do not meet the conditions to become agents or retail stores for LPG cylinders.

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

a) Selling LPG at vehicle refueling stations and LPG cylinders that do not meet market circulation conditions;

b) Purchasing or selling various types of LPG circulating in the market without origin or not conforming to the agency contract signed with bulk LPG traders;

c) Storing, circulating, and consuming various types of LPG and LPG cylinders from other LPG traders outside of contracts;

d) Failing to return all LPG cylinders and cylinder records to bulk LPG traders when terminating the agency or general agency contract.

4. Imposing a fine of VND 30,000,000 to VND 40,000,000 on general agents who fail to ensure the minimum level of LPG circulation reserves as prescribed.

5. Additional forms of punishment:

Seize LPG cylinders and LPG cylinders that do not meet market circulation conditions for violations stipulated in points a, b, and c, Clause 3, Article 18.

6. Measures to remedy consequences:

a) Compel compliance with general agent regulations for violations stipulated herein;

b) Compel return of all LPG cylinders and cylinder records to bulk LPG traders for violations stipulated in point d, Clause 3, Article 18;

c) Compel recovery and destruction of LPG and LPG cylinders that do not meet market circulation conditions sold to the market for violations stipulated in point a, Clause 3, Article 18.

Article 20. Violations of LPG agents

1. Imposing a fine of VND 5,000,000 to VND 10,000,000 for failing to train staff working at the business premises of LPG agents as prescribed.

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

a) Entering into agency contracts exceeding the number of primary LPG traders or general agents as prescribed;

b) Not maintaining records of various types of LPG sold to customers.

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

a) Selling LPG cylinders that do not meet market circulation conditions.

b) Purchasing or selling floating LPG or LPG cylinders without origin or source.

c) Selling LPG or LPG cylinders that do not comply with the agency contract signed with primary LPG traders or general agents.

4. Additional forms of administrative punishment:

Seize LPG and LPG cylinders for violations stipulated in Clause 3, Article 20.

5. Measures to remedy consequences:

a) Compel compliance with LPG agent regulations for violations stipulated in Clauses 1 and 2, Article 20;

b) Compel recovery and destruction of LPG cylinders that do not meet market circulation conditions sold to the market for violations stipulated in point a, Clause 3, Article 20.

Article 21. Violations of LPG cylinder retail stores

1. Imposing a fine of VND 5,000,000 to VND 10,000,000 for failing to train staff working at LPG cylinder retail stores as prescribed.

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

a) Entering into LPG cylinder sales contracts with LPG traders exceeding the prescribed quantity;

b) Selling LPG cylinders from other LPG traders without a contract;

c) Refilling, repairing LPG cylinders in unauthorized locations.

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

a) Selling LPG cylinders that do not meet market circulation conditions;

b) Purchasing or selling floating LPG or LPG cylinders without origin or source.

c) Selling LPG cylinders that do not comply with the contract signed with primary LPG traders, general agents, or agents.

4. Additional forms of administrative punishment:

a) Seize LPG cylinders for violations stipulated in point b, Clause 2, and Clause 3, Article 21;

b) Suspend the right to use the Business Registration Certificate for up to 12 months for violations stipulated in point b, Clause 2, and Clause 3, Article 21;

c) Suspend the right to use the Business Registration Certificate for more than 12 months for violations stipulated in point b, Clause 2, and Clause 3, Article 21 in cases of repeated offenses or recidivism.

5. Measures to remedy consequences:

a) Compel compliance with legal provisions for violations stipulated in Clause 1 and Clause 2, Article 21;

b) Compel recovery and destruction of LPG cylinders that do not meet market circulation conditions sold to the market for violations stipulated in point a, Clause 3, Article 21.

Section 4

VIOLATIONS OF REGULATIONS ON LPG REFILLING AND DISTRIBUTION

Article 22. Violation of regulations on refilling LPG into cylinders

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) An LPG cylinder refilling station does not have signs reading "No Flames", "No Smoking", "Fire Prevention and Firefighting Regulations", "Station Entry and Exit Regulations" hung in visible and readable locations.

b) Not training staff working at the LPG cylinder refilling station according to regulations.

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

a) Refilling LPG into cylinders that do not meet circulation conditions as prescribed.

b) Renting refilling services for LPG cylinders for other LPG traders who do not meet the required conditions.

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

a) Storing another trader's LPG cylinders without a contract for LPG refilling with the refilling station;

b) Refilling LPG into cylinders not owned by the refilling station's owner, except where there is a rental contract.

4. Additional forms of administrative punishment:

a) Seize the evidence of violation for violations stipulated in point a, Clause 2 and Clause 3 of this Article;

b) Revoke the right to use the Certificate of Eligibility for Refilling LPG into Cylinders for up to 12 months for violations stipulated in point b, Clause 2 and Clause 3 of this Article in case of repeated offenses or recidivism.

5. Measures to remedy consequences:

Compel compliance with regulations on refilling LPG into cylinders for violations stipulated in this Article.

Article 23. Violation of regulations on refilling LPG into vehicles

1. A fine of from five million to ten million dong for the act of not training or instructing staff working at LPG refueling stations for automobiles as prescribed.

2. Impose a fine of from VND 10,000,000 to VND 20,000,000 for the act of joint venture or joint contribution to build a vehicle LPG refilling station with a gasoline and diesel retail store that has not been granted a Certificate of Eligibility for Operating Gasoline and Diesel Retail Business.

3. A fine of from twenty million to thirty million dong for the act of refueling LPG into LPG cylinders at LPG refueling stations for automobiles.

4. Additional forms of administrative punishment:

a) Seize LPG cylinders, bottled LPG for violations stipulated in Clause 3 of this Article;

b) Revoke the right to use the Certificate of Eligibility for Refilling LPG into Vehicles for up to 12 months for violations stipulated in Clause 3 of this Article;

c) Revoke the right to use the Certificate of Eligibility for Refilling LPG into Vehicles over 12 months for violations stipulated in Clause 3 of this Article in case of repeated offenses or recidivism.

5. Measures to remedy consequences:

Compel compliance with regulations on refilling LPG into vehicles for violations stipulated in this Article.

Article 24. Violation of regulations on distributing LPG

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Not providing customers with a safety usage guide for LPG, including the telephone number of the LPG issuing station and the direct manager of the LPG issuing station for necessary contact;

b) Not training or instructing staff working at LPG issuing stations as prescribed.

2. A fine of from ten million to twenty million dong for the act of selling LPG to customers who do not comply with regulations on safe LPG usage and fire prevention.

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

a) Selling LPG to specialized transport vehicles that do not meet the required conditions as prescribed;

b) Refueling LPG into LPG cylinders at LPG issuing stations.

4. Additional forms of administrative punishment:

a) Seize the evidence of violation for violations stipulated in point b, Clause 3 of this Article;

b) Revoke the right to use the Certificate of Eligibility for Distributing LPG for up to 12 months for violations stipulated in Clause 3 of this Article;

c) Revoke the right to use the Certificate of Eligibility for Distributing LPG over 12 months for violations stipulated in Clause 3 of this Article in case of repeated offenses or recidivism.

5. Measures to remedy consequences:

Compel compliance with regulations on distributing LPG for violations stipulated in this Article.

Article 25. Other violations related to operating LPG refilling stations for cylinders, vehicle LPG refilling stations, and LPG distribution stations

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

a) Using mobile refueling stations;

b) Refueling LPG into mini-LPG cylinders that are not allowed to be refueled again.

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

a) Refueling LPG into refillable LPG cylinders that have not been inspected or have exceeded the technical safety inspection period;

b) Refill LPG from tank trucks into LPG cylinders or other means and equipment.

3. Additional forms of punishment:

a) Seize the evidence of violation for violations stipulated in Clause 1 of this Article;

b) Revoke the right to use the Certificate of Eligibility for Refilling LPG into Cylinders, the Certificate of Eligibility for Refilling LPG into Vehicles, and the Certificate of Eligibility for Distributing LPG for up to 12 months for violations stipulated in Clauses 1 and 2 of this Article;

c) Revoke the right to use the Certificate of Eligibility for Refilling LPG into Cylinders, the Certificate of Eligibility for Refilling LPG into Vehicles, and the Certificate of Eligibility for Distributing LPG over 12 months for violations stipulated in Clauses 1 and 2 of this Article in case of repeated offenses or recidivism.

4. Measures to remedy consequences:

Compel inspection of LPG cylinders for violations stipulated in point a, Clause 2 of this Article.

Section 5

VIOLATIONS IN THE BUSINESS ACTIVITIES OF TRADERS OPERATING LPG SERVICES

Article 26. Violations of traders operating LPG service leasing warehouses, export, import terminals

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Not having a Fire Prevention and Control Certificate as prescribed;

b) Not training staff working at the business premises of traders operating LPG service leasing warehouses, export, import terminals as prescribed.

2. Impose a fine of from VND 15,000,000 to VND 30,000,000 for one of the following violations

a) Signing a lease contract for warehouses, export, import, delivery LPG terminals with main LPG traders or general agents, agents who do not meet the required conditions as prescribed;

b) Leasing warehouses, export, import, delivery terminals to receive LPG-carrying ships without a contract.

3. Measures to remedy consequences:

Compel compliance with regulations on operating LPG service leasing warehouses, export, import terminals for violations stipulated in this Article.

Article 27. Violations of traders operating liquefied petroleum gas (LPG) transportation services

1. A fine of from five million to ten million Vietnamese dong for the act of not training or instructing staff working at LPG transportation service business establishments as prescribed, including drivers of LPG transport vehicles.

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

a) Transporting LPG under contract for LPG traders who do not meet the required conditions as prescribed;

b) Renting LPG transport vehicles that do not ensure sufficient conditions or are not permitted to participate in traffic as prescribed;

c) Not complying with regulations on safety when transporting LPG.

3. Measures to remedy consequences:

a) Order compliance with regulations on operating LPG transportation services for violations stipulated in Clause 1 of this Article;

b) Order compliance with regulations on safety when transporting LPG for violations stipulated in Point c, Clause 2 of this Article.

Chapter 6

VIOLATIONS OF PROVISIONS ON PRODUCTION, REPAIR, AND INSPECTION OF LPG CYLINDERS

Article 28. Violations of LPG bottle production and repair facilities

1. A fine of from five million to ten million dong for the act of not training or instructing staff working at LPG cylinder production and repair facilities as prescribed.

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

a) Producing or repairing LPG cylinders without a Certificate of Business Conditions for Production and Repair of LPG Cylinders;

b) Not fully implementing regulations on LPG bottle production and repair issued by the Ministry of Industry and Trade which have not been specified in this Decree.

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

a) Producing or repairing LPG cylinders for traders who are not owners of LPG cylinders;

b) Producing or repairing LPG cylinders and auxiliary equipment using LPG that do not meet prescribed quality standards;

c) An LPG cylinder production facility releasing LPG cylinders with duplicate serial numbers into circulation;

d) Producing or repairing LPG bottles for LPG bottle owners without a contract.

4. Additional forms of administrative punishment:

a) Revoking the Certificate of Eligibility for LPG Bottle Production and Repair for up to twelve months for violations stipulated in Clause 3 of this Article;

b) Revoking the Certificate of Eligibility for LPG Bottle Production and Repair for more than twelve months for violations stipulated in Clause 3 of this Article in cases of repeated offenses or recidivism.

5. Measures to remedy consequences:

Order compliance with regulations on LPG bottle production and repair for violations stipulated in this Article.

Article 29. Violations of LPG bottle inspection stations

Clause 1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of not training or instructing staff working at LPG cylinder inspection stations as prescribed.

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

a) Inspecting LPG bottles without a Certificate of Eligibility for LPG Bottle Inspection;

b) Not fully implementing regulations on LPG bottle inspection stations issued by the Ministry of Industry and Trade which have not been specified in this Decree.

3. Additional forms of punishment:

a) Revoking the Certificate of Eligibility for LPG Bottle Inspection for up to twelve months for violations stipulated in Point b, Clause 2 of this Article;

b) Revoking the Certificate of Eligibility for LPG Bottle Inspection for more than twelve months for violations stipulated in Point b, Clause 2 of this Article in cases of repeated offenses or recidivism.

4. Measures to remedy consequences:

Order compliance with regulations on LPG bottle inspection stations for violations stipulated in this Article.

Section 7

VIOLATIONS OF REGULATIONS ON LPG BOTTLES AND LPG IN BOTTLES

Article 30. Violations of regulations on LPG bottles circulating in the market

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

a) Not conducting technical safety inspections of LPG bottles as prescribed before putting them into use;

b) Putting into circulation LPG bottles beyond their technical safety inspection validity period as prescribed;

c) Circulating LPG bottles that no longer retain their original design shape after being inspected for technical safety;

d) Not having complete storage files on LPG bottles as prescribed.

2. A fine of from thirty million to forty million Vietnamese dong for the act of not recalling or not recalling all LPG bottles owned by oneself to sell or transfer to other traders along with complete documentation as prescribed when ceasing operations or when LPG business establishments merge or change industries and no longer operate in LPG.

3. A fine of from forty million to fifty million Vietnamese dong for any of the following acts of illegally altering the original shape, structure, or weight of LPG bottles:

a) Replacing the base, cutting handles;

b) Grinding logos, changing trademarks, serial numbers;

c) Welding additional metal parts;

d) Swapping the bottle cap;

đ) Other illegal acts altering the original shape, structure, or weight of LPG bottles.

4. Additional forms of administrative punishment:

Confiscate LPG bottles not meeting circulation conditions for violations stipulated in Point c, Clause 1 and Clause 3 of this Article.

5. Measures to remedy consequences:

a) Suspend circulation and use of LPG bottles for violations stipulated in Clause 1 and 2 of this Article;

b) Order recall and conduct inspections on LPG bottles put into circulation for violations stipulated in Point a and b, Clause 1 of this Article;

c) Order recall and destruction of LPG bottles put into circulation for violations stipulated in Point c, Clause 1 and Clause 3 of this Article;

d) Order recall of LPG bottles according to regulations for violations stipulated in Clause 2 of this Article;

đ) Order compliance with regulations on documentation storage for LPG bottles for violations stipulated in Point d, Clause 1 of this Article.

Article 31. Violations of other provisions regarding LPG cylinders and bottled LPG

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

a) Engaging in LPG cylinder business without sealing or with improper sealing.

b) Using mini LPG cylinders for refilling not permitted in food service establishments.

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

a) Operating mini LPG cylinders or mini bottled LPG without permission to refill;

b) The owner of LPG cylinders putting LPG cylinders with duplicate serial numbers into circulation on the market;

c) Purchasing, selling, or exchanging various types of LPG cylinders and bottled LPG from other LPG traders outside of signed contracts;

d) Purchasing, selling, transporting, or storing bottled LPG that does not meet the conditions for circulation on the market;

3. A fine of between 30,000,000 VND and 40,000,000 VND shall be imposed for the act of illegally holding, purchasing, selling, or exchanging LPG cylinders that do not belong to them, except in cases of renting refills.

4. Additional forms of administrative punishment:

Seize LPG cylinders and bottled LPG for violations stipulated in point b, clause 1, clause 2, and clause 3 of this Article.

5. Measures to remedy consequences:

Order compliance with regulations on bottled LPG circulating on the market for violations stipulated in point a, clause 1 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN THE BUSINESS OF LPG

Article 32. Authority to impose administrative sanctions of People's Committees

The Chairpersons of People's Committees at all levels have the authority to impose administrative sanctions for violations in the business of LPG as prescribed in this Decree according to the authority stipulated in the Administrative Violation Handling Ordinance 2002 amended and supplemented in 2008.

Article 33. Authority to impose administrative sanctions of Market Management agencies

1. Those persons authorized by Market Management agencies as stipulated in the Administrative Violation Handling Ordinance 2002 have the right to impose administrative sanctions for violations in the business of LPG as prescribed in this Decree.

2. The authority to impose administrative sanctions as stipulated in clause 1 of this Article of the Head of Market Management Teams:

a) To issue warnings;

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

c) Confiscate objects and means used for administrative violations up to a value of 30,000,000 VND;

d) Order the implementation of measures to mitigate consequences for administrative violations as prescribed in this Decree.

3. The authority to impose administrative sanctions as stipulated in clause 1 of this Article of the Head of Market Management Branches:

a) To issue warnings;

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

c) Suspend the use of Certificates of Eligibility for LPG Business, Certificates of Eligibility for Refilling LPG into Cylinders, Certificates of Eligibility for Refilling LPG into Vehicles, Certificates of Eligibility for Technical Production and Processing of LPG, Certificates of Eligibility for Distributing LPG, Certificates of Eligibility for Producing and Repairing LPG Cylinders, Certificates of Eligibility for Inspecting LPG Cylinders;

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

đ) Order the implementation of measures to mitigate consequences for administrative violations as prescribed in this Decree.

4. The authority to impose administrative sanctions as stipulated in clause 1 of this Article of the Head of Market Management Departments:

a) To issue warnings;

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

c) Suspend the use of Certificates of Eligibility for LPG Business, Certificates of Eligibility for Refilling LPG into Cylinders, Certificates of Eligibility for Refilling LPG into Vehicles, Certificates of Eligibility for Technical Production and Processing of LPG, Certificates of Eligibility for Distributing LPG, Certificates of Eligibility for Producing and Repairing LPG Cylinders, Certificates of Eligibility for Inspecting LPG Cylinders;

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

đ) Order the implementation of measures to mitigate consequences for administrative violations as prescribed in this Decree.

Article 34. Authority to impose administrative sanctions of Police agencies, Customs, Border Guard, Coast Guard, and Specialized Inspection agencies

Persons authorized to impose administrative sanctions of Police agencies, Customs, Border Guard, Coast Guard, and Specialized Inspection agencies have the right to impose administrative sanctions for violations in the business of LPG as prescribed in this Decree within their jurisdiction according to the authority stipulated in the Administrative Violation Handling Ordinance 2002 amended and supplemented in 2008.

Article 35. Principles for determining authority to impose administrative sanctions and delegation of such authority

The principles for determining authority to impose administrative sanctions and delegation of such authority for violations in the business of LPG shall be implemented according to 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 36. Administrative penalty procedures and enforcement of administrative penalty decisions

The administrative penalty procedures, enforcement of administrative penalty decisions, and other relevant provisions concerning administrative penalties for liquefied petroleum gas (LPG) 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 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 37. Effective Date

This Decree takes effect from January 1, 2012.

Abolish previous provisions that are contrary to this Decree.

Article 38. 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./.