DECREE

Regulations on administrative penalties for violations in the oil and gas sector

______________________

 

THE GOVERNMENT

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

Pursuant to the Oil Law dated July 6, 1993, and the Law Amending and Supplementing Certain Provisions of the Oil Law dated June 9, 2000;

Pursuant to the Ordinance on Handling Administrative Violations dated July 2, 2002;

Considering the proposal of the Minister of Industry.

 

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms of administrative penalties, penalty amounts, authority to impose administrative penalties, and procedures for handling administrative violations in the oil and gas sector.

2. Administrative violations in the oil and gas sector are intentional or unintentional acts that violate state management regulations on oil and gas which are not criminal offenses and according to this Decree must be subject to administrative penalties, including:

a) Violating regulations on oil and gas exploration, development, and exploitation activities;

b) Violating regulations on safety, security, and environmental protection in the oil and gas sector;

c) Violating reporting and information provision regulations and other regulations in state management activities related to the oil and gas sector.

3. Acts of administrative violations within the scope regulated by other legal documents, not specified in this Decree but related to the oil and gas sector shall be handled according to the provisions of those regulatory legal documents.

Article 2. Applicability

1. Vietnamese organizations and individuals committing administrative violations in the oil and gas sector shall be penalized according to this Decree and other relevant legal provisions on administrative penalties.

2. Foreign organizations and individuals committing administrative violations in the oil and gas sector within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall be penalized according to this Decree; in cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions, such treaties shall apply.

3. Minors committing administrative violations in the oil and gas sector shall be penalized according to Article 7 of the Ordinance on Handling Administrative Violations.

Article 3. Principles of Administrative Penalties

The principles of administrative penalties in the oil and gas sector shall be implemented according to the provisions of Article 3 of the Ordinance on Handling Administrative Violations and Article 3 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations.

Article 4. Statute of Limitations for Administrative Penalties

1. The statute of limitations for administrative penalties in the oil and gas sector is one year from the date the administrative violation was committed. If the administrative violation is discovered beyond this period, it will not be penalized, but measures to mitigate consequences as provided for in this Decree will still be applied.

2. For individuals who have been indicted, prosecuted, or had a case of law violation brought to trial under criminal procedure but subsequently had a decision to terminate investigation or terminate the case, if the act of violation has characteristics of an administrative violation in the oil and gas sector, they shall be subject to administrative penalties. Within three days from the date of issuance of the decision to terminate investigation or terminate the case, the person issuing the decision must send the decision to the authority with the power to impose penalties. In this case, the statute of limitations for administrative penalties is three months from the date the authority with the power to impose penalties receives the decision to terminate and the case file.

3. Within the time limit prescribed in Clause 1 and Clause 2 of this Article, if an organization or individual commits a new administrative violation in the oil and gas sector or intentionally evades or obstructs the imposition of penalties, the statute of limitations prescribed in Clause 1 and Clause 2 of this Article shall not apply. The statute of limitations for penalties shall be recalculated from the date of the new administrative violation or the date when the act of evasion or obstruction ends.

4. If the authority with the power to impose administrative penalties is negligent in allowing the statute of limitations to expire, it shall be dealt with according to the provisions of Article 121 of the Ordinance on Handling Administrative Violations.

Article 5. Period considered as not having been administratively sanctioned

The period considered as not having been administratively sanctioned shall be implemented in accordance with Clause 1 of Article 11 of the Administrative Violation Handling Ordinance and Article 7 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

Article 6. Mitigating circumstances, aggravating circumstances

Mitigating circumstances and aggravating circumstances in administrative sanctions in the oil and gas sector shall be implemented in accordance with Articles 8 and 9 of the Administrative Violation Handling Ordinance and Article 6 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

Article 7. Forms of administrative sanctions

1. For each act of administrative violation in the oil and gas sector, organizations and individuals committing such violations must bear one of the following main forms of administrative sanction:

a) To issue warnings;

b) Fine.

2. When imposing a fine, the specific amount of the fine for a single act of administrative violation is the average level within the fine range prescribed for that violation. In cases where mitigating circumstances exist, the fine may be reduced but not below the minimum level of the fine range. In cases where aggravating circumstances exist, the fine may be increased but not above the maximum level of the fine range.

3. Depending on the nature and degree of the violation, organizations and individuals committing the violation may also be subject to one or more supplementary forms of administrative sanction:

a) Revocation of the right to use licenses and certificates of practice.

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

4. Depending on the nature and degree of the violation, violators may also be compelled to apply one or more remedial measures specified in the relevant articles of Chapter II of this Decree.

Chapter II

FORMS AND LEVELS OF ADMINISTRATIVE SANCTIONS IN THE OIL AND GAS SECTOR

Section 1

VIOLATIONS OF REGULATIONS ON ACTIVITIES

EXPLORATION, APPRAISAL AND DEVELOPMENT OF OIL AND GAS

Article 8. Violations of regulations on exploration and appraisal activities of oil and gas

1. Warning or a fine from VND 200,000 to VND 500,000 for the act of not establishing an annual work program corresponding to the competent authority at each stage in accordance with the commitments in the oil and gas contract regarding deadlines, contents of work, and finance.

2. A fine from VND 80,000,000 to VND 100,000,000 for any of the following violations:

a) Conducting exploration and appraisal activities of oil and gas when the overall project plan and detailed project plan have not been approved by the competent authorities.

b) Not submitting collected materials and samples during drilling to the competent authority.

c) Extending the duration of the exploration and appraisal phase without permission from the competent authority.

d) Retaining discovered gas areas with commercial potential without approval from the Prime Minister.

đ) Conducting exploration and appraisal activities of oil and gas in areas declared off-limits or temporarily off-limits by the State.

e) Drilling outside the area stipulated in the oil and gas contract without permission from the competent authority.

3. A fine from VND 300,000,000 to VND 500,000,000 for the act of infringing upon Vietnam's territorial sea, contiguous zone, exclusive economic zone, and continental shelf for the purpose of researching, exploring, and appraising oil and gas.

4. Additional forms of administrative punishment:

Confiscation of property and means used to commit the administrative violation as provided for in Clause 3 of this Article.

5. Remedial measures:

Compel compliance with legal provisions for the violations mentioned in points a and b of Clause 2 of this Article.

Article 9. Violations concerning regulations on oil and gas field development activities and exploitation

1. A warning or a fine from 200,000 dong to 500,000 dong shall be imposed for any of the following violations:

a) Failure to establish and submit an annual work program corresponding to the competent authority;

b) Failure to keep books recording measurement work of total flow metering equipment or flow checking equipment as prescribed;

2. Fine from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Allocating production volume from a well cluster based on individual well ratios that do not align with the approved flow distribution system and allocation process;

b) Failing to calibrate and maintain calibration of all total flow meters, water meters, and gas meters according to approved standards and periodic schedules;

c) Conducting well repair or treatment activities to increase product flow without approval from the competent authority;

d) Conducting oil and gas exploitation from two or more strata through a single production well or common well body without measuring the individual flow rate of each stratum before obtaining approval from competent authorities;

đ) Conducting simultaneous exploitation of multiple approved strata without measuring the total flow rate of product strata and determining the individual exploitation flow rate of each stratum separately;

3. A fine from 40,000,000 dong to 60,000,000 dong shall be imposed for any of the following violations:

a) Exploiting oil and gas with production levels that reduce the reservoir pressure below the approved level by competent authorities;

b) Failing to comply with safety valve regulations within the well;

c) Failure to integrate fields as required by state agencies with authority;

d) Failing to recalculate hydrocarbon reserves in accordance with legal provisions;

đ) Failing to comply with pressure measurement regulations;

e) Failing to comply with regulations on sampling and analyzing fluid samples;

g) Failing to comply with regulations on production tubing and casing;

h) Failing to ensure wellhead equipment and trees meet legal requirements;

i) Injecting fluids into strata through injection wells and other strata different from those approved;

k) Failing to comply with procedures for flaring and venting associated gas;

l) During well testing, exploiting beyond the volume allowed by competent authorities for burning or disposal;

m) Extracting associated gas when the gas-oil ratio exceeds the approved limit without approval from the competent authority.

4. A fine from 80,000,000 dong to 100,000,000 dong shall be imposed for any of the following violations:

a) Conducting field development and oil and gas extraction activities before the field development plan has been approved by the competent authority;

b) Failure to comply with the Government of Vietnam's requirements regarding crude oil sales in the domestic market;

c) Failure to strictly adhere to the overall plan and oil and gas field development plan already approved by competent authorities;

d) Conducting oil and gas exploitation activities in areas declared off-limits or temporarily prohibited by the State;

đ) Exploiting oil and gas beyond the contractual area without permission from competent state authorities;

5. A fine from 300,000,000 dong to 500,000,000 dong shall be imposed for infringing upon the territorial sea, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam for the purpose of oil and gas exploitation;

6. In addition to fines, organizations and individuals violating these provisions may also be subject to supplementary administrative penalties as follows:

Confiscation of property and means used to commit administrative violations as stipulated in point c, d, and đ clause 2; point a, h, and m clause 3; point a, d, and đ clause 4 and clause 5 of this Article;

Article 10. Violations concerning regulations on ending oil and gas projects

1. A fine from 40,000,000 dong to 60,000,000 dong shall be imposed for failing to submit to competent state management authorities a program, plan, and cost estimate for dismantling fixed facilities serving oil and gas exploration, development, and exploitation activities when conducting such activities;

2. A fine from VND 80,000,000 to VND 100,000,000 for any of the following violations:

a) Dismantling fixed facilities serving oil and gas exploration, development, and exploitation activities when the program, plan, and cost estimate for their dismantling have not been approved by competent state management authorities;

b) Failure to comply with regulations on preserving and decommissioning oil wells;

PART 2

VIOLATIONS OF SAFETY, SECURITY AND ENVIRONMENTAL REGULATIONS IN THE OIL AND GAS SECTOR

AND THE ENVIRONMENT IN THE OIL AND GAS SECTOR

Article 11. Violations concerning oil and gas safety and security

1. A warning or a fine from 200,000 dong to 500,000 dong shall be imposed for planting perennial trees within the safety zones around onshore oil and gas facilities;

2. Fine from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Failure to establish safety zones around oil and gas facilities as prescribed by competent authorities;

b) Conducting construction works, using open flames, heat-producing equipment, fire-producing equipment, and other activities within the safety zones of onshore oil and gas facilities that pose hazards to those facilities;

c) Vessels anchoring within a radius of 2 nautical miles from the outermost edge of offshore oil and gas facilities;

d) Unauthorized entry or conducting any activity in the safety zones of offshore oil and gas facilities without Prime Minister’s approval;

đ) Using pressure vessels, fire-resistant vessels designed and installed without complying with prescribed standards;

e) Failure to comply with regulations on inspecting valves and sensors;

g) Using processing systems, separators, pressure vessels, pumps, air compressors, pipelines, manifold units, wellheads, and other oil and gas exploitation equipment without being protected by safety systems;

h) Failure to install emergency shut-off valves at wellheads and risers or using non-compliant emergency shut-off valves as prescribed;

i) Failure to comply with regulations on the distance between diesel engines on land;

k) Using offshore exploitation facilities when pipeline systems and related equipment are designed and installed without complying with prescribed standards;

l) Failure to connect relief valves and hydrocarbon liquid processing equipment to settling tanks or storage tanks or rubber-lined tanks with sufficient capacity to contain the largest possible volume of liquid that could escape before the system is safely shut down;

m) Failure to install alarm systems capable of alerting all personnel on the facility in situations that could endanger people, the facility, or harm the natural environment as prescribed;

3. A fine from 80,000,000 dong to 100,000,000 dong shall be imposed for any of the following violations:

a) Failure to establish or maintain a safety management system throughout the operation process from design, construction, trial run, operation, exploitation, and decommissioning of facilities;

b) Failure to establish an emergency response plan;

c) Preparing an emergency response plan that does not align with the national emergency response system.

4. In addition to fines, organizations and individuals violating these provisions may also be subject to supplementary administrative penalties and measures to rectify consequences as follows:

a) Confiscation of property and means used to commit administrative violations in oil and gas operations as stipulated in point b, d, đ, and e clause 2 of this Article;

b) Compelling restoration to the original condition altered due to administrative violations or compelling demolition of unauthorized constructions for violations stipulated in clause 1; point b clause 2 of this Article.

Article 12. Violation of oil spill response regulations

1. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed on the act of not establishing an oil spill response plan for approval by the competent authority.

2. Fine from VND 20,000,000 to VND 30,000,000 for one of the following violations:

a) Not entering into agreements or contracts for oil spill response with organizations or individuals implementing such activities according to the approved plan;

b) Not purchasing insurance for environmental damage liability for equipment and means that have the potential to cause oil spills.

Article 13. Violation of pipeline safety regulations on land for gas transportation

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on the act of detonating explosives or quarrying stones within the affected area, measured from the boundary of the safe zone to the boundary of the affected area.

2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on any of the following violations:

a) Not complying with the regulations on pipe wall thickness;

b) Not complying with the regulations on the depth of underground pipelines;

c) Not complying with the regulations on design and construction of new pipelines;

d) Changing design standards without permission from competent state authorities;

đ) Not having a safety management program for each stage of construction, acceptance, and trial operation;

e) Not establishing procedures and processes related to pipeline operation and maintenance;

g) Not recalculating the maximum operating pressure periodically as prescribed by law;

h) Not developing a maintenance plan, organizing inspections, and repairs;

i) Not organizing the storage of information and data on operation, accidents, incidents, losses, as well as information on surveys, repairs, patrols, technical inspection results, violation handling documents, and remedial measures;

k) Not maintaining warning signs, caution signs, and boundary markers at necessary locations;

l) Not having a design plan and construction methods approved by competent authorities in areas where pipelines cross land strips or pipeline safety corridors.

3. In addition to fines, organizations and individuals violating the provisions of Clause 1 of this Article may also have their tools and means used for administrative violations in oil and gas activities confiscated.

Article 14. Violation of environmental protection regulations

1. Fine from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Not complying with regulations on recording and reporting physical environmental conditions;

b) Not complying with regulations on water extracted from the reservoir;

c) Not having staff responsible for environmental protection.

2. A fine of from 40,000,000 VND to 60,000,000 VND shall be imposed on the act of using drilling fluids and chemicals harmful or dangerous without permission from the competent state management agency.

3. In addition to fines, organizations and individuals violating the provisions of point b, Clause 1, and Clause 2 of this Article may also have their tools and means used for administrative violations in oil and gas activities confiscated.

PART 3

VIOLATION OF REGULATIONS ON REPORTING SYSTEMS

INFORMATION DISCLOSURE AND OTHER PROVISIONS

Article 15. Violation of regulations on inspection, examination, and obstruction of lawful activities in oil and gas exploration, exploitation, and transportation

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed on acts of failing to provide documents and obstructing lawful inspections and examinations by officials and competent state management agencies regarding oil and gas.

2. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on acts of obstructing lawful activities in oil and gas exploration, exploitation, and transportation.

Article 16. Violation of reporting and information disclosure regulations

A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on any of the following violations:

1. Not notifying the competent authority or organization of the audit results.

2. Not registering the approved oil and gas reserves with the competent authority or organization.

3. Not reporting the results of production parameter measurements in the wellbore.

4. Not reporting periodically the production volume, composition, and density of oil and gas extracted from each field and each extraction target to the competent authority or organization.

5. Not submitting contents related to commercial gas flow meters as prescribed.

6. Not reporting documents related to procedures, equipment, and personnel involved in well repair activities or treatments to increase product flow.

7. Not promptly and fully informing the competent authority or organization and the project owner about potential risks that could affect the safety of gas pipelines in the affected area.

8. Not notifying the competent authority when burning or disposing of oil to address emergency situations.

9. Not submitting oil and gas reserve reports to the competent authority.

10. Not submitting to the competent state authority the following documents: annual and long-term oil and gas activity plans; quarterly and annual comprehensive reports on the implementation and results of oil and gas activities; reports on economic and technical projects related to oil and gas activities; important event and incident reports related to oil and gas activities.

Chapter III

AUTHORITY TO IMPOSE FINES AND PROCEDURES FOR IMPOSING FINES

PART 1

AUTHORITY TO IMPOSE FINES

Article 17. Competence to impose administrative sanctions for violations in the industrial sector by specialized industrial inspectors

1. Industrial inspectors performing their duties have the authority:

a) To issue warnings;

b) To impose fines up to VND 200,000;

c) To confiscate objects and means used in the violation with a value up to VND 2,000,000;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

2. The Head of the Industrial Inspection Department has the authority:

a) To issue warnings;

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

c) To revoke licenses and certificates within their jurisdiction;

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

đ) Apply remedial measures prescribed in Chapter II of this Decree.

3. The Head of the Ministry's Industrial Inspectorate has the authority:

a) To issue warnings;

b) To impose fines up to the maximum amount of VND 100,000,000;

c) Confiscate the objects and means used to commit administrative violations;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

Article 18. Competence to impose administrative sanctions for violations by the Chairman of the People's Committee at the commune level

1. To issue warnings.

2. To impose fines up to VND 500,000.

3. To confiscate objects and means used in the violation with a value up to VND 500,000.

4. To apply measures to rectify consequences as stipulated in Chapter II of this Decree.

Article 19. Competence to impose administrative sanctions for violations by the Chairman of the People's Committee at the district level

The Chairman of the People's Committee at the district level has the authority:

1. To issue warnings.

2. To impose fines up to VND 20,000,000.

3. To confiscate objects and means used in the violation.

4. To apply measures to rectify consequences as stipulated in Chapter II of this Decree.

Article 20. Competence to impose administrative sanctions for violations by the Chairman of the People's Committee at the provincial level

The Chairman of the People's Committee at the provincial level has the authority:

1. To issue warnings.

2. To impose fines up to the maximum amount for the acts specified in this Decree.

3. To confiscate objects and means used in the violation.

4. To apply measures to rectify consequences as stipulated in Chapter II of this Decree.

Article 21. Competence to impose administrative sanctions for violations in the oil and gas sector by other agencies and forces

In addition to those authorized to impose sanctions as provided from Article 17 to Article 20 of this Decree, other persons authorized to impose administrative sanctions by other agencies according to the Administrative Violation Handling Ordinance within the scope of their assigned functions and tasks, if they discover acts of administrative violations as prescribed in this Decree within their management area, shall also have the authority to impose sanctions but must comply with the provisions of Article 42 of the Administrative Violation Handling Ordinance.

Article 22. Allocation of Competence to Impose Sanctions

1. Industrial inspectors impose sanctions on acts of administrative violations as prescribed in this Decree and other related acts of administrative violations concerning the oil and gas sector as prescribed in Government Decrees on imposing administrative sanctions.

2. Chairmen of People's Committees at all levels impose sanctions on acts of administrative violations in the oil and gas sector occurring within their local management areas.

3. In cases where the acts of administrative violations as prescribed in this Decree fall under the competence to impose sanctions of multiple agencies, the sanctioning shall be carried out by the first agency to handle the case.

PART 2

PROCEDURES FOR IMPOSING ADMINISTRATIVE SANCTIONS FOR VIOLATIONS

Article 23. Suspension of Violations

Upon discovering acts of administrative violations or receiving reports or records about such violations in the oil and gas sector, the person authorized to impose sanctions must promptly inspect, verify, and immediately issue orders to suspend the violations.

Article 24. Recording Administrative Violations

1. Persons authorized to perform their duties and tasks must promptly record administrative violations, except in cases where sanctions are imposed through warnings or fines up to VND 100,000.

2. The recording of administrative violations must comply with the provisions of Article 55 of the Administrative Violation Handling Ordinance and Article 20 of Decision No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain articles of the Administrative Violation Handling Ordinance.

Article 25. Decision on Administrative Sanctions

1. The issuance of administrative sanction decisions under simplified procedures shall be carried out in accordance with Article 54 of the Ordinance on Handling Administrative Violations.

2. The issuance of administrative sanction decisions, except for cases provided for in Clause 1 of this Article, shall be carried out in accordance with Article 56 of the Ordinance on Handling Administrative Violations and Article 21 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations.

Article 26. Fine Collection Procedures

1. Fine collection and payment procedures shall be implemented in accordance with Articles 57 and 58 of the Ordinance on Handling Administrative Violations.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Industry to provide detailed guidance on fine collection and payment procedures, management, and utilization of funds collected from administrative sanctions in the oil and gas sector.

Article 27. Execution of Administrative Sanction Decisions and Postponement of Fine Payment Execution

1. Organizations and individuals subject to administrative sanctions must execute the administrative sanction decision in accordance with Article 64 of the Ordinance on Handling Administrative Violations and Article 22 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations.

2. Individuals fined VND 500,000 or more may have their execution of the administrative sanction decision postponed in accordance with Article 65 of the Ordinance on Handling Administrative Violations.

Article 28. Enforcement of Administrative Sanction Decisions and Transfer of Administrative Sanction Decisions for Execution

1. The enforcement of administrative sanction decisions shall be carried out in accordance with Articles 66 and 67 of the Ordinance on Handling Administrative Violations and Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government detailing procedures for applying coercive measures to enforce administrative sanction decisions.

2. The transfer of administrative sanction decisions for execution shall be carried out in accordance with Article 68 of the Ordinance on Handling Administrative Violations and Article 27 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations.

Article 29. Transfer of Administrative Sanction Decisions for Execution

1. In cases where organizations or individuals commit administrative violations in one locality but reside or have headquarters in another locality without conditions to execute the administrative sanction decision at the place of violation, the administrative sanction decision shall be transferred to the competent authority for handling administrative violations at the same level where the individual resides or the organization has its headquarters for execution. If there is no competent authority for handling administrative violations at the same level where the individual resides or the organization has its headquarters, the administrative sanction decision shall be transferred to the People's Committee of the district to organize the execution. The file of administrative violation handling shall be retained by the agency issuing the administrative sanction decision.

2. The agency receiving the transferred administrative sanction decision shall be responsible for delivering the administrative sanction decision and organizing its execution for the organization or individual subject to the sanction in accordance with Article 64 of the Ordinance on Handling Administrative Violations and informing the transferring agency of the results.

3. The transfer of administrative sanction decisions shall be applied for collecting fines. Supplementary sanctions and remedial measures (if any) must be implemented immediately at the place of violation. In cases where the violator does not voluntarily comply or does not have conditions to comply with remedial measures (if any), the costs for implementing these measures shall be clearly recorded in the administrative sanction decision for transferring the decision.

Article 30. Application of Measures to Prevent Administrative Violations and Ensure Administrative Sanctions

1. Measures to prevent administrative violations and ensure the application of administrative sanctions and the procedures for applying such measures are stipulated in Article 43 of the Ordinance on Handling Administrative Violations.

2. Competence, procedure, and process for applying measures to prevent administrative violations and ensuring the implementation of administrative sanctions in the oil and gas sector shall be carried out in accordance with Articles 44, 45, 46, 47, 48, and 49 of the Ordinance on Handling Administrative Violations.

Article 31. Time Limit for Enforcement of Administrative Sanction Decisions

The time limit for enforcing administrative sanction decisions in the oil and gas sector is one year, starting from the date of issuance of the administrative sanction decision; if this period has passed without enforcement of the decision, then the administrative sanction decision will not be enforced, but measures to address the consequences recorded in the decision will still be applied.

In cases where organizations or individuals subject to administrative sanctions deliberately evade or delay the enforcement of the administrative sanction decision, the aforementioned time limit shall be recalculated from the point at which such evasive or delaying actions cease.

Chapter IV

PETITIONING, REPORTING, REWARDING, AND HANDLING VIOLATIONS

Article 32. Petitioning and Reporting

1. Organizations or individuals subject to administrative sanctions or their legitimate representatives have the right to petition against administrative sanction decisions, decisions on applying preventive measures, and guarantees for handling administrative violations. Petitioning an administrative sanction decision does not suspend the enforcement of the administrative sanction decision in the oil and gas sector.

2. Citizens have the right to report to state agencies with jurisdiction any organizations or individuals who commit administrative violations as stipulated in this Decree, and to report those with authority to impose administrative sanctions for abusing power, violating the provisions of this Decree.

3. The authority, time limit, procedures for petitioning and reporting, and the resolution of citizen petitions and reports shall be carried out in accordance with the laws on petitioning and reporting.

4. Initiating litigation against administrative sanction decisions, decisions on applying preventive measures, and guarantees for handling administrative sanctions in the oil and gas sector shall be conducted in accordance with the laws on administrative litigation procedures.

Article 33. Rewarding

Organizations or individuals who achieve results in providing information, detecting, preventing, and handling administrative violations in the oil and gas sector shall be promptly rewarded in accordance with the law.

Article 34. Handling Violations

1. If an authorized person imposing administrative sanctions in the oil and gas sector abuses power, harasses, tolerates, or covers up for violators, fails to impose sanctions, imposes sanctions untimely, improperly, or beyond their authority, they will be subject to disciplinary action or criminal prosecution, and must compensate for any damage caused to the State, citizens, or organizations in accordance with the law, depending on the nature and severity of the violation.

2. Organizations or individuals who violate the provisions of this Decree and fail to voluntarily comply with administrative sanction decisions shall be subject to compulsory enforcement; if they commit administrative violations and obstruct, resist public officials performing their duties, or use deceitful or bribery methods to delay or evade inspection, supervision, or administrative sanctions imposed by authorized persons, they will be subject to administrative sanctions or criminal prosecution, and must compensate for any damage caused in accordance with the law, depending on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette. Articles 71 and 72 of Decree No. 48/2000/NĐ-CP dated September 12, 2000 of the Government detailing the implementation of the Oil and Gas Law are hereby repealed.

Article 36. Responsibility for Implementation

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.