Decree No. 67/2017/NĐ-CP on administrative penalties for violations in the oil and gas sector, gasoline business, and gas

DECREE

Regulations on Administrative Sanctions for Violations
in the field of oil and gas, trading petroleum products and gas

^____________

 

 

Pursuant to the Law organization issued by the Government on June 19, 2015;

On the basis of Law on Handling Administrative Violations dated 20 June 2012;

Pursuant to the Law organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.dated June 14, 2005;

Pursuant to the Law For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;oil and gas"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." July 6, 1Law Amending and Supplementing a Number of Articles of the Law on Oil and Gas; Law Amending and Supplementing a Number of Articles of the Law on Petroleum dated June 9, 2000;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Law Amending and Supplementing a Number of Articles of the Law on Oil and Gas dated June 3, 2008; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;oil and gas"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." FirstNo. provision of the Law For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Law on Measurement of Products and Goods dated November 21, 2007;

Pursuant to the Law ofLaw on Measurement dated November 11, 2011; lLaw on Investment dated November 26, 2014;

Law on Occupational Safety and Health dated June 25, 2015;

Law on Fire Prevention and Fighting dated July 12, 2001; Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to the Law ginternationalJune 2024; dated June 20, 2012;

On the basis of Law on Environmental Protection dated June 23, 2014;

On the basis of promulgating the Decree

stipulating

At the proposal of the Minister of Industry and Trade;

Government administrative penalties in the field of oil and gas, trading petroleum products and gas. 1. This Decree stipulates about administrative violations, forms of administrative penalties, levels of administrative penalties, measures to remedy consequences, authority to issue administrative violation records, and authority to impose administrative penalties in the field of oil and gas, trading petroleum products and gas. 2. The administrative violations prescribed in this Decree include:

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

a) Violations of regulations on exploration, appraisal, and exploitation of oil and gas activities;

b) Violations of regulations on safety, security, and environmental protection in the field of oil and gas;

c) Violations of regulations on reporting systems, information provision, and other state management regulations in the field of oil and gas;

d) Violations of regulations on conditions for trading petroleum products;

đ) Violations of regulations on trading petroleum products;

e) Violations of regulations on conditions for trading liquefied petroleum gas (hereinafter referred to as LPG);

g) Violations of regulations on trading LPG; violations of regulations on LPG cylinders and bottled LPG;

h) Violations of regulations on conditions for trading liquefied natural gas (hereinafter referred to as LNG);

i) Violations of regulations on trading LNG;

k) Violations of regulations on conditions for trading compressed natural gas (hereinafter referred to as CNG);

l) Violations of regulations on trading CNG;

m) Other violations in trading gas activities.

1. Vietnamese organizations and individuals committing administrative violations prescribed in this Decree.

2. Foreign organizations and individuals committing administrative violations prescribed in this Decree within the territory of Vietnam.

Article 2. Applicability

3. Those with the authority to inspect, issue administrative violation records, apply preventive measures, and ensure the handling of administrative violations and imposition of administrative penalties prescribed in this Decree.

4. Other organizations and individuals related to the imposition of administrative penalties.

. Forms of Administrative Penalties

and
Measures to Remedy Consequences

Article 31. Principal forms of administrative penalties: For each administrative violation in the field of oil and gas, trading petroleum products and gas, the violator must bear the principal form of administrative penalty which is a fine. The maximum fine for the field of exploration and exploitation of oil and gas is VND 1,000,000,000 for individuals and VND 2,000,000,000 for organizations; the maximum fine for trading petroleum products and gas is VND 100,000,000 for individuals and VND 200,000,000 for organizations. 2. Supplementary forms of administrative penalties:

Depending on the nature and degree of the violation, the violator may also be subject to one or more of the following supplementary forms of administrative penalties:

a) Revocation of the business license for exporting and importing petroleum products; confirmation certificate of meeting the conditions to be a distributor of petroleum products; confirmation certificate of meeting the conditions to be a general agent for trading petroleum products; confirmation certificate of meeting the conditions to be a retail agent for trading petroleum products; certificate of meeting the conditions to operate a retail outlet for petroleum products; certificate of meeting the conditions for exporting and importing LPG; LNG; CNG; certificate of meeting the conditions to be a distributor of LPG; LNG; CNG; certificate of meeting the conditions to refill LPG into cylinders; certificate of meeting the conditions to refill LNG; CNG; LPG into transport vehicles; certificate of meeting the conditions to supply LPG; LNG; CNG; certificate of meeting the conditions to be a general agent for trading LPG; certificate of meeting the conditions to be an agent for trading LPG; certificate of meeting the conditions for trading bottled LPG for retail outlets; certificate of meeting the conditions for manufacturing and repairing LPG containers; certificate of meeting the conditions for inspecting LPG containers from one month to three months or suspending operations from one month to

three months;

c) Expulsion from the territory of the Socialist Republic of Vietnam for foreign nationals who commit administrative violations.

3. In addition to the principal form of administrative penalty and supplementary forms of administrative penalties, depending on the nature and degree of the violation, the violator may also be subject to one or more of the following remedial measures:
a) Forced removal of structures or restoration to the original condition;

b) Confiscate property, means of transportation used for administrative violations;

b) Forced removal of structures or parts of structures without permits or not in accordance with permits; forced removal of refueling stations, LPG, LNG, CNG supply stations;

c) Forced return of illegal profits obtained through the violation;

d) Forced removal of petroleum products or gas from the territory of the Socialist Republic of Vietnam or re-exportation of such goods;

đ) Forced inspection and registration of machines and equipment with strict safety requirements for refilling LNG into transport vehicles according to regulations; forced inspection of LNG, CNG storage tanks and auxiliary equipment at LNG, CNG trading facilities according to regulations;

e) Forced recovery of LPG cylinders;
g) Forced refund of deposits to customers when customers no longer need to use LPG cylinders.

Principles

for applying fines

in administrative penalties

Authority to Impose Administrative Penalties

Article 4. 1. The fines prescribed in this Decree apply to organizations. For individuals committing the same violation, the fine is half that imposed on organizations. apply fines in monetary terms for administrative penalties violations (Model number S73-KC), authority to impose administrative penalties

1. The monetary fines stipulated in this Decree shall be applied to organizations. For individuals committing the same violation, the monetary fine shall be half that imposed on organizations.

2. The authority to impose fines of those persons authorized to impose administrative violations as stipulated in this Decree is the authority to apply such penalties for one act of administrative violation committed by an organization.

Article 5. Application of Decrees on Imposing Administrative Violation Penalties
related

For acts of violation concerning measurement, quality; business registration; planning and investment; fire prevention and fighting; environmental protection; labor safety and health, and other related acts in the oil and gas sector, retail gasoline, and gas, the relevant Government Decree on imposing administrative violation penalties shall be applied.

 

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTY FORMS AND
REMEDIAL MEASURES FOR THE CONSEQUENCES IN THE OIL AND GAS SECTOR

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Section 1

VIOLATIONS OF REGULATIONS ON ACTIVITIES OF EXPLORATION,
APPRAISAL AND DEVELOPMENT OF OIL AND GAS

 

Article 6. Violations of regulations on activities of exploration and appraisal of oil and gas

1. A fine of from VND 10,000,000 to VND 20,000,000 for failing to establish and submit annual work programs corresponding to each phase of the project to the competent authorities in accordance with the commitments in the petroleum contract regarding time limits, contents of work, and finance.

2. A fine of from VND 60,000,000 to VND 100,000,000 for putting offshore production facilities into operation without the quality and safety technical and environmental certification from the competent authorities as prescribed by Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

3. A fine of from VND 200,000,000 to VND 300,000,000 for failing to submit materials and samples obtained during drilling to the competent authorities.

4. A fine of from VND 300,000,000 to VND 400,000,000 for extending the duration of the exploration phase without permission from the competent authorities when no benefits have been generated or the amount of illegal profits is less than VND 100,000,000.

5. A fine of from VND 400,000,000 to VND 500,000,000 for drilling outside the area specified in the petroleum contract without permission from the competent authorities when no benefits have been generated or the amount of illegal profits is less than VND 100,000,000.

6. A fine of from VND 500,000,000 to VND 600,000,000 for retaining discovered gas areas with commercial potential without approval from the Prime Minister when no benefits have been generated or the amount of illegal profits is less than VND 100,000,000.

7. A fine of from VND 600,000,000 to VND 800,000,000 for conducting exploration and appraisal activities before the petroleum contract has been approved by the competent authorities when no benefits have been generated or the amount of illegal profits is less than VND 100,000,000.

8. A fine of from VND 800,000,000 to VND 1,000,000,000 for conducting exploration and appraisal activities in areas declared off-limits or temporarily off-limits by the State when no benefits have been generated or the amount of illegal profits is less than VND 100,000,000.

9. A fine of from VND 1,800,000,000 to VND 2,000,000,000 for infringing upon the territorial waters, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam for the purpose of researching, exploring, and appraising oil and gas when no benefits have been generated or the amount of illegal profits is less than VND 100,000,000.

10. Additional forms of punishment:

a) Confiscate the objects of administrative violations and means used to commit the violations as stipulated in Clauses 4, 5, 6, and 7 of this Article;

b) Expel foreigners committing violations as stipulated in Clauses 8 and 9 of this Article from the territory of the Socialist Republic of Vietnam.

11. Remedial Measures

a) Order the removal of structures or restoration to the original state as prescribed for violations as stipulated in Clauses 5, 7, and 8 of this Article;

b) Order the return of unlawful gains obtained through the implementation of violations as stipulated in Clauses 4, 5, 6, 7, 8, and 9 of this Article.

Article 7. Violations of regulations on activities of developing fields and producing oil and gas

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

a) Failure to establish and submit annual work programs corresponding to the competent authorities;

b) Failure to maintain records of measurements of flow meters or check meters as prescribed.

2. A fine of from VND 160,000,000 to VND 200,000,000 for one of the following violations:

a) Allocating oil production from a well group based on individual well ratios that do not comply with the agreed flow distribution system and allocation procedures with the competent Vietnamese authorities;

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

c) Conducting well repair or enhancement operations without approval from the competent authorities;

d) Producing oil and gas from two or more reservoirs using a single production tubing or common wellbore without measuring the individual flow rates of each reservoir without approval from the competent authorities;

đ) Failing to measure the total flow rate of multiple reservoirs and determine the individual production rate of each reservoir when simultaneously producing multiple approved reservoirs.

3. A fine of from VND 200,000,000 to VND 300,000,000 for one of the following violations:

a) Producing oil and gas at a rate that reduces the reservoir pressure below the approved level without authorization from the competent authorities;

b) Failing to comply with the regulations on wellhead safety valves;

c) Failing to consolidate fields as required;

d) Failing to recalculate reserves as required by law;

đ) Failing to comply with the regulations on pressure measurement or survey;

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

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

h) Failing to ensure that wellheads and trees meet legal requirements;

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

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

l) During the well testing process, extracting more volume than permitted by the competent authority for burning or disposal;

m) Extracting associated gas when the gas-oil ratio exceeds the approved limit without the approval of the competent authority;
within its jurisdiction.

4. A fine of from three hundred million dong to four hundred million dong shall be imposed on any of the following violations:

a) Failure to comply with the Government of Vietnam's requirements regarding the sale of crude oil and natural gas in the domestic market;

b) Non-compliance with the approved development plan and early development plan for oil and gas fields;

5. A fine of from four hundred million dong to five hundred million dong shall be imposed on any of the following violations:

a) Conducting exploration and production activities before the field development plan has been approved by the competent authority;

b) Extracting oil and gas beyond the contractual area without permission from the competent state authority;

6. A fine of from five hundred million dong to six hundred million dong shall be imposed on the act of conducting extraction activities in areas declared off-limits or temporarily prohibited by the State;

7. A fine of from eighteen hundred million dong to two billion dong shall be imposed on the act of infringing upon the territorial waters, internal waters, exclusive economic zone, continental shelf, and contiguous zone of the Socialist Republic of Vietnam for the purpose of oil and gas extraction;

8. Additional forms of punishment:

a) Confiscation of the objects of administrative violation and means used for such violation as stipulated in point c, point d, Clause 2; Clause 5, Clause 6, and Clause 7 of this Article;

b) Expulsion from the territory of the Socialist Republic of Vietnam for foreign nationals who commit violations as stipulated in Clause 7 of this Article;

9. Measures to remedy consequences:

a) Compel the return of unlawful profits obtained through the violation as stipulated in point b, Clause 5 of this Article;

b) Compel the dismantling of structures or restoration to their original condition for the violation as stipulated in Clause 6 of this Article;

Article 8. Violations concerning the termination of projects for oil and gas exploration, development, and extraction activities

1. A fine of from one hundred sixty million dong to two hundred million dong shall be imposed for failing to submit to the competent state management agency the program, plan, and budget estimate for the dismantling of fixed facilities serving oil and gas exploration, development, and extraction activities as prescribed;

2. A fine of from three hundred million dong to four hundred million dong shall be imposed on any of the following violations:

a) Dismantling fixed facilities serving oil and gas exploration, development, and extraction activities before the program, plan, and budget estimate for their dismantling have been approved by the competent state management agency;
approved;

b) Failing to dismantle fixed facilities serving oil and gas exploration, development, and extraction activities according to the program, plan, and budget estimate for their dismantling that have been approved by the competent state management agency;

c) Failing to comply with regulations on the preservation and abandonment of oil and gas wells;
Compel the dismantling of structures or restoration to their original condition for the violations as stipulated in point b, point c, Clause 2 of this Article;

3. Measures to remedy consequences

VIOLATIONS OF PROVISIONS ON SAFETY, SECURITY AND ENVIRONMENT IN THE OIL AND GAS SECTOR

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 2

. Violations of provisions on oil and gas safety and security
a) Planting perennial crops within the safety zones around oil and gas facilities on land;

 

Article 9b) Obstructing lawful activities of oil and gas exploration, development, transportation, and delivery;

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

2. A fine of from two hundred million dong to three hundred million dong shall be imposed on any of the following violations:

a) Failing to establish safety zones around oil and gas facilities in accordance with current laws and regulations and those of the competent authority;

b) Using pressure vessels, heat exchangers not designed and installed in accordance with prescribed standards and technical specifications;

c) Using machinery, equipment, and materials with strict safety requirements but未经翻译的部分已经是正确的格式，无需修改。根据规则，直接输出已有的内容即可：
d) Using processing systems, separators, pressure vessels, pumps, compressors, pipelines, manifold units, wellheads, and other oil and gas extraction equipment without being protected by safety systems;

đ) Failing to install emergency shut-off valves at wellheads and risers or using emergency shut-off valves that do not meet the prescribed standards;

e) Failing to comply with the prescribed distance requirements for diesel engines on land;
d) Using processing systems, separators, pressure vessels, pumps, compressors, pipelines, manifold units, wellheads, and other oil and gas extraction equipment without being protected by safety systems;

g) Using offshore extraction facilities that have not been inspected during operation by the competent authority to ensure compliance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party;

h) Failing to connect relief valves and hydrocarbon liquid treatment equipment to settling tanks or rubber-lined storage tanks with sufficient capacity to contain the largest possible volume of liquid before the system is safely shut down;

i) Failing to install warning and alarm systems capable of alerting all personnel on the facility in situations that may endanger people, the facility, or harm the natural environment;

3. A fine of from three hundred million dong to four hundred million dong shall be imposed on any of the following violations:

a) Conducting construction works, open flame operations, heat-producing equipment, and other unauthorized activities in the safety zones around onshore oil and gas facilities that pose a danger to these facilities;

b) Anchoring vessels illegally within two nautical miles from the outermost edge of offshore oil and gas facilities;
set forth.

c) Illegally entering or conducting activities in any form within the safety zones of offshore oil and gas facilities without prior approval from the Prime Minister;

4. A fine of from four hundred million dong to five hundred million dong shall be imposed on any of the following violations:

b) Illegally anchoring vessels within two nautical miles from the outermost edge of offshore oil and gas facilities;

c) Illegally entering or conducting any activities under any form in the safety zone of offshore oil and gas facilities without permission from the Prime Minister.

4. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed for any of the following violations:

a) Failing to establish or maintain a management system for safety work during the operation process from the design, construction, trial run, operation, exploitation, and decommissioning stages of the project;

b) Failing to fully develop safety management documents including: Safety Management Program, Risk Assessment Report, Emergency Response Plan as prescribed.

5. Additional forms of punishment

Seize administrative violation objects and means used to commit administrative violations in oil and gas activities for acts violating the provisions of point b, Clause 2 and point c, Clause 3 of this Article.

6. Measures to remedy consequences:

a) Order restoration of the initial state of the safety corridor of onshore oil and gas facilities for acts violating the provisions of point a, Clause 1 of this Article;

b) Order demolition of construction works without permits or constructed not in accordance with permits for acts violating the provisions of point a, point c, Clause 3 of this Article.

Article 10. Acts violating regulations on emergency response to oil spills

1. Imposing a fine of VND 60,000,000 to VND 80,000,000 for failing to fully implement all contents in the approved Oil Spill Emergency Response Plan.

2. Imposing a fine of VND 80,000,000 to VND 100,000,000 for failing to develop an Oil Spill Emergency Response Plan before conducting oil and gas activities.

3. Other acts violating regulations on emergency response to oil spills shall be punished according to the Government's regulations on handling violations of environmental protection laws.

Article 11. Acts violating regulations on onshore natural gas pipeline safety

1. Imposing a fine of VND 20,000,000 to VND 40,000,000 for blasting, quarrying within the impact area measured from the safety corridor boundary to the impact area boundary.

2. Imposing a fine of VND 160,000,000 to VND 200,000,000 for one of the following violations:

a) Failing to comply with the regulations on pipe wall thickness;

b) Failing to comply with the regulations on underground pipeline depth;

c) Failing to comply with the regulations on design and construction of new pipelines;

d) Failing to fully develop safety management documents including: Safety Management Program, Risk Assessment Report, Periodic Emergency Response Plan or when there are significant technological changes according to regulations;

đ) Failing to develop procedures and processes related to pipeline operation and maintenance;

e) Failing to recalculate the maximum operating pressure periodically as prescribed by law;

g) Failing to plan maintenance, organize inspections, and repair damages;

h) Failing to organize storage of information and data on operations, accidents, incidents, losses, as well as information on surveys, repairs, patrols, technical inspection results, violation handling documents, and remedial measures;

i) Failing to maintain pipeline markers at necessary locations where warning signs, caution signs, and boundary stakes should be installed;

k) Failing to have a design plan and construction methods approved by competent authorities in areas crossing through land strips or pipeline safety corridors.

3. Additional forms of punishment

Seize administrative violation objects and means used to commit administrative violations for acts violating the provisions of Clause 1 of this Article.

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 3

VIOLATIONS OF REGULATIONS ON REPORTING SYSTEMS, INFORMATION DISCLOSURE, AND OTHER REGULATIONS IN THE OIL AND GAS SECTOR

 

Article 12. Acts violating regulations on reporting and information disclosure

A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

1. Failing to report audit results as prescribed.

2. Failing to register approved oil and gas reserves.
set forth.

3. Failing to report wellbore production parameter measurement results as prescribed.

4. Failing to report regularly on production volume, composition, and density of extracted oil and gas from each field and each extraction target as prescribed.

5. Failing to submit contents related to commercial gas metering devices as prescribed.

6. Failing to report documents related to procedures, equipment, and personnel involved in well repair activities or measures to increase product flow as prescribed.
set forth.

7. Failing to submit oil and gas reserve reports as prescribed.

8. Failing to promptly and adequately notify potential risks that may affect natural gas pipeline safety for projects within the impact area as prescribed.

9. Failing to notify when burning or disposing of oil to address emergencies as prescribed.

10. Failing to submit one of the following documents as prescribed:

a) Annual and long-term oil and gas activity plans and programs;

b) Quarterly and annual comprehensive reports on oil and gas activity implementation and results;

c) Reports on economic and technical project implementation related to oil and gas activities;

d) Reports on important events and incidents related to oil and gas activities.

Article 13. Acts violating regulations on providing documents for oil and gas inspection and supervision activities

Imposing a fine of VND 40,000,000 to VND 60,000,000 for failing to provide documents or providing incomplete documents that hinder the oil and gas inspection and supervision activities of enforcement officers and competent state management agencies.

 

Chapter III

ADMINISTRATIVE VIOLATIONS, PENALTY FORMS AND
REMEDIAL MEASURES IN PETROLEUM PRODUCTS TRADING

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Section 1

VIOLATIONS OF REGULATIONS
ON PETROLEUM PRODUCTS TRADING CONDITIONS

 

Article 14. Acts violating regulations on conditions business
petroleum products

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

a) Retail gasoline stations not built in accordance with current standards and specifications for retail gasoline stations;

b) Water-based gasoline stations not built in accordance with national technical standards for water-based gasoline station design requirements.

2. Imposing a fine of VND 20,000,000 to VND 40,000,000 for one of the following violations:

a) Retail gasoline stations not owned or co-owned by agents, major agents, or retailers authorized by producers, distributors, exporters, importers, or producers with distribution systems as prescribed;

b) Not having retail gasoline stations owned or co-owned that have been certified as meeting retail gasoline station conditions as prescribed.

3. A fine of from forty million dong to sixty million dong shall be imposed for any of the following violations:

a) The location of the retail gasoline station does not comply with the approved planning scheme;

b) The location of the retail gasoline station does not match the location recorded on the Certificate of Eligibility for Retailing Gasoline;

c) The gasoline station on water operates at a location or position that does not conform to regulations;

d) There is a storage tank or reservoir for gasoline but the total capacity does not meet the minimum level prescribed;

đ) There is a storage tank or reservoir for gasoline but it is not owned by the enterprise or jointly owned or leased for use by the trader operating petroleum services for five years or more;

e) There is a distribution system for gasoline but it does not comply with regulations;

g) There is a transportation vehicle for gasoline but it is not owned by the enterprise or jointly owned or leased for use by the trader operating petroleum services for five years or more.

4. A fine of from sixty million dong to eighty million dong shall be imposed for any of the following violations:

a) There is a laboratory for testing gasoline but it lacks the capability to test and analyze gasoline quality indicators in accordance with national technical standards and published standards;

b) There is a laboratory for testing gasoline but it is not owned by the enterprise or jointly owned or there is no service contract with a state agency having a laboratory with sufficient testing capabilities for gasoline quality indicators as prescribed;

5. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following violations:

a) There is a wharf but it is not part of Vietnam's international port system or although it is within Vietnam's international port system, it cannot accommodate oil-carrying vessels or other gasoline transportation vehicles with the minimum tonnage as prescribed;

b) The wharf is not owned by the enterprise or jointly owned or leased for use for five years or more;

c) The wharf and warehouse have not been constructed according to the prescribed standards or not in accordance with the approved planning scheme;

d) The trader engaged in exporting and importing aviation fuel has a refueling facility but it is not owned or jointly owned by the trader;

6. A fine of from one hundred million dong to one hundred twenty million dong shall be imposed for any of the following violations:

a) There is no storage tank or reservoir for gasoline;

b) There is no distribution system for gasoline;

c) There is no specialized transportation vehicle for gasoline;

d) There is no laboratory for testing gasoline;

7. A fine of from one hundred twenty million dong to one hundred forty million dong shall be imposed for any of the following violations:

a) There is no dedicated wharf;

b) There is no receiving warehouse for gasoline;

c) The trader engaged in exporting and importing aviation fuel does not have a refueling facility;

d) It does not comply with the planning scheme for traders engaged in exporting and importing gasoline;

8. Additional forms of punishment:

a) Revocation of the Export and Import Business License for a period of one month to three months for violations specified in points b, c, Clause 6 and Article 7 herein;
b) Revocation of the Certificate of Eligibility to Operate as a Retail Gasoline Distributor for a period of one month to three months for violations specified in Article 6 herein;

c) Revocation of the Certificate of Eligibility to Operate as a General Agent for Gasoline Distribution for a period of one month to three months for violations specified in points a, b, c, Clause 6 herein;

d) Revocation of the Certificate of Eligibility to Operate as a Retail Gasoline Station for a period of one month to three months for violations specified in point b, Clause 2 herein;

đ) Revocation of the Certificate of Eligibility for Retailing Gasoline for a period of one month to three months for violations specified in points b, c, Clause 3 herein;
e) Suspension of gasoline business operations for a period of one month to three months for violations specified in point b, Clause 2 herein;

đ) Revocation of the Certificate of Eligibility for Retailing Gasoline for a period of one month to three months for violations specified in points b, c, Clause 3 herein;
e) Suspension of gasoline business operations for a period of one month to three months for violations specified in point b, Clause 2 herein.

. Violations concerning the conditions for producing gasoline

Article 151. A fine of from one hundred million dong to one hundred sixty million dong shall be imposed for any of the following violations:

a) The production facility for gasoline does not comply with the approved planning scheme;

b) There is a laboratory but it is not owned or does not have the capability to test and analyze gasoline production quality indicators as prescribed.
approved;

2. A fine of from one hundred sixty million dong to two hundred million dong shall be imposed for the violation of not having a laboratory for testing gasoline quality indicators.

3. Additional forms of punishment

Suspension of gasoline production activities for a period of one month to three months for violations specified in Clause 2 herein.

VIOLATIONS OF REGULATIONS ON GASOLINE TRADING

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 2

Article 16.

 

 

Violations concerning business activities conducted under licenses or Certificates of Eligibility or Certificates of Eligibility for Gasoline Trading Certificate 1. A fine of from forty million dong to sixty million dong shall be imposed for any of the following violations:
a) Engaging in gasoline trading without a Certificate of Eligibility for Retailing Gasoline or the Certificate of Eligibility for Retailing Gasoline has expired or been revoked;

b) Using a Certificate of Eligibility for Retailing Gasoline that has been altered, tampered with, or forged;

c) Renting, lending, or leasing a Certificate of Eligibility for Retailing Gasoline.

2. A fine of from sixty million dong to eighty million dong shall be imposed for any of the following violations:

a) Engaging in gasoline trading without a Certificate of Eligibility to Operate as a Retail Gasoline Distributor when there are two or more retail gasoline stations or the Certificate of Eligibility to Operate as a Retail Gasoline Distributor has expired or been revoked;

b) Using a Certificate of Eligibility to Operate as a Retail Gasoline Distributor that has been altered, tampered with, or forged;

c) Renting, lending, or leasing a Certificate of Eligibility to Operate as a Retail Gasoline Distributor.

3. A fine of from eighty million dong to one hundred twenty million dong shall be imposed for any of the following violations:

c) Leasing, lending, or renting out, borrowing a Certificate confirming eligibility to act as a retail gasoline distributor.

3. A fine of VND 80,000,000 to VND 120,000,000 shall be imposed for any of the following violations:

a) Engaging in gasoline and diesel oil business without a Certificate of Eligibility for General Agency of Gasoline and Diesel Oil Business or with a Certificate of Eligibility for General Agency of Gasoline and Diesel Oil Business that has expired or been revoked or withdrawn;

b) Using a Certificate of Eligibility for General Agency of Gasoline and Diesel Oil Business that has been erased, altered, or forged;

c) Leasing, lending, or renting out a Certificate of Eligibility for General Agency of Gasoline and Diesel Oil Business.

4. A fine of VND 120,000,000 to VND 160,000,000 shall be imposed for any of the following violations:

a) Engaging in gasoline and diesel oil business without a Certificate of Eligibility for Trading in Gasoline and Diesel Oil or with a Certificate of Eligibility for Trading in Gasoline and Diesel Oil that has expired or been revoked or withdrawn;

b) Using a Certificate of Eligibility for Trading in Gasoline and Diesel Oil that has been erased, altered, or forged;

c) Leasing, lending, or renting out a Certificate of Eligibility for Trading in Gasoline and Diesel Oil.

5. A fine of VND 160,000,000 to VND 200,000,000 shall be imposed for any of the following violations:

a) Exporting or importing gasoline and diesel oil without a License for Exporting and Importing Gasoline and Diesel Oil or with a License for Exporting and Importing Gasoline and Diesel Oil that has expired or been revoked or withdrawn;

b) Using a License for Exporting and Importing Gasoline and Diesel Oil that has been erased, altered, or forged;

c) Leasing, lending, or renting out a License for Exporting and Importing Gasoline and Diesel Oil.

6. Additional forms of punishment:

a) Revoking the right to use the Certificate of Eligibility for Retail Gasoline and Diesel Oil Business for a period of one to three months for the violation stipulated in point c, Clause 1 of this Article;

b) Revoking the right to use the Certificate of Eligibility for Retail Agency of Gasoline and Diesel Oil Business for a period of one to three months for the violation stipulated in point c, Clause 2 of this Article;

c) Revoking the right to use the Certificate of Eligibility for General Agency of Gasoline and Diesel Oil Business for a period of one to three months for the violation stipulated in point c, Clause 3 of this Article;

d) Revoking the right to use the Certificate of Eligibility for Trading in Gasoline and Diesel Oil for a period of one to three months for the violation stipulated in point c, Clause 4 of this Article;

đ) Revoking the right to use the License for Exporting and Importing Gasoline and Diesel Oil for a period of one to three months for the violation stipulated in point c, Clause 5 of this Article;

e) Suspending the operation of retail gasoline and diesel oil business at retail outlets for a period of one to three months for the violation stipulated in points a and b, Clause 1 of this Article;

g) Suspending the operation of gasoline and diesel oil business for a period of one to three months for the violation stipulated in points a and b, Clause 2; points a and b, Clause 3 of this Article;

h) Suspending the distribution of gasoline and diesel oil for a period of one to three months for the violation stipulated in points a and b, Clause 4 of this Article;

i) Suspending the export and import of gasoline and diesel oil for a period of one to three months for the violation stipulated in points a and b, Clause 5 of this Article;

k) Confiscating the administrative violation objects, which are Licenses or Certificates of Eligibility or Certificates of Eligibility for Business of Gasoline and Diesel Oil that have been erased, altered, or forged, for the violation stipulated in point b of Clauses 1, 2, 3, 4, 5 of this Article;
.

7. Measures to remedy consequences:

a) Compelling the return of illegal profits obtained from the implementation of administrative violations stipulated in points a and b of Clauses 1, 2, 3, 4, 5 of this Article;

b) Compelling the removal of gasoline and diesel oil goods from the territory of the Socialist Republic of Vietnam or re-exportation of such goods for the violation stipulated in points a and b, Clause 5 of this Article;

Article 17. Violations concerning the pricing and retail pricing of gasoline and diesel oil

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for failing to display the retail price of gasoline and diesel oil or displaying it incorrectly, unclearly, causing confusion for customers;

2. A fine of VND 2,000,000 to VND 6,000,000 shall be imposed for displaying the retail price of gasoline and diesel oil not in accordance with the price set by the principal trader or distributor;

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

a) Adjusting the retail price of gasoline and diesel oil arbitrarily outside the time specified by the principal trader or distributor;

b) Selling at a higher price than the displayed price set by the principal trader or distributor.

4. Additional forms of punishment

Revoking the right to use the Certificate of Eligibility for Retail Gasoline and Diesel Oil Business for a period of one to three months for the violation stipulated in Clause 3 of this Article.

5. Measures to remedy consequences

Compelling the return of illegal profits obtained from the implementation of the violation stipulated in Clause 3 of this Article.

Article 18. Violations concerning the procedures for adjusting the retail price of gasoline and diesel oil

1. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed for failing to comply with regulations on the procedures and formalities for registering domestic gasoline and diesel oil prices with competent state agencies;.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for failing to notify or send the decision on the retail price of gasoline and diesel oil to units within the distribution system before the effective date when adjusting the retail price of gasoline and diesel oil;

3. A fine of VND 160,000,000 to VND 200,000,000 shall be imposed for failing to comply with regulations on price adjustment and the interval between two consecutive price adjustments when adjusting the retail price of gasoline and diesel oil.

4. Additional forms of punishment

Revoking the right to use the License for Exporting and Importing Gasoline and Diesel Oil or the Certificate of Eligibility for Trading in Gasoline and Diesel Oil for a period of one to three months for the violation stipulated in Clause 3 of this Article.

5. Measures to remedy consequences

Compelling the return of illegal profits obtained from the implementation of the violation stipulated in Clause 2 of this Article.

Article 19. Acts violating the registration provisions for purchasing and selling petroleum products through the distribution system, purchasing, selling gasoline through the distribution system

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

a) Not registering the distribution system with the competent state management agency as prescribed;

b) Fraudulent declaration in the registration of the distribution system;

c) Not providing information on the petroleum distribution system to the principal party or franchisee for registration with the competent state management agency.

2. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following violations:

a) The main distributor, petroleum business agent, or retail store engaging in the purchase and sale of petroleum products with entities outside the distribution system, except when selling directly to consumers;

b) Petroleum distributors engaging in the purchase and sale of petroleum products with entities outside the distribution system, except when purchasing from key traders, subsidiaries authorized by export-import petroleum traders, or other petroleum distributors, or selling directly to consumers;

c) Key traders selling petroleum products to entities outside their distribution system, except when selling to other key traders, petroleum distributors, or direct producers, or selling directly to consumers.

Article 20. Acts violating the provisions on granting and accepting main distributorship and agency for petroleum products

1. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Operating as a retail agent for petroleum products exceeding the number of main distributors or petroleum distributors or key traders as prescribed;

b) Operating as a petroleum business agent without a petroleum business agency contract as prescribed.

2. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on main distributors of petroleum products for any of the following violations:

a) Operating as a main distributor exceeding the number of key traders as prescribed;
prescribed;

b) Signing contracts with petroleum business agents who do not meet the prescribed conditions;

c) Granting agency for petroleum products without a retail agency contract as prescribed;

d) Signing agency contracts with petroleum traders while they are operating as main distributors of other key traders, retail agents of other key traders, or petroleum distributors of other petroleum traders, or main distributors of other petroleum traders.

3. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed on petroleum distributors for any of the following violations:

a) Signing contracts with retail agents who do not meet the prescribed conditions;
prescribed;

b) Assigning a gasoline agent without a retail gasoline agency agreement as prescribed;

b) Granting agency for petroleum products without a retail agency contract as prescribed;

c) Accepting main distributorship or agency for key traders or agency for other main distributors of petroleum products without a petroleum business agency contract as prescribed;

đ) Signing agency contracts with petroleum traders while they are operating as main distributors of other key traders, retail agents of other key traders, or petroleum distributors of other petroleum traders, or main distributors of other petroleum traders (without terminating current contracts).

4. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on key traders for any of the following violations:

a) Granting main distributors or agencies for petroleum products without a petroleum business agency contract as prescribed;

b) Signing main distributor or agency contracts with petroleum traders while they are operating as main distributors of other key traders, retail agents of other key traders, or petroleum distributors of other petroleum traders, or main distributors of other petroleum traders (without terminating current contracts);

c) Signing main distributor or agency contracts for petroleum products with traders who do not meet the prescribed conditions for main distributorship or agency for petroleum products.

Article 21. Acts violating the provisions on signing contracts for purchasing and selling petroleum products and contracts for becoming a retailer of petroleum products

1. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on retailers of petroleum products for any of the following violations:

a) Signing contracts to become a retailer of petroleum products exceeding the number of key traders or petroleum distributors as prescribed;

b) Signing contracts to become an agent for main distributors or petroleum distributors or main distributors or agents for key traders.

2. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed on petroleum distributors for any of the following violations:

a) Purchasing petroleum products from key traders or subsidiaries authorized by key traders or other petroleum distributors without a prescribed petroleum purchase and sale contract;

b) Signing contracts with retailers of petroleum products who do not meet the prescribed conditions;

c) Signing contracts with retailers of petroleum products when these retailers are already part of another key trader's or petroleum distributor's distribution system (without terminating current contracts).

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on key traders for any of the following violations:

a) Signing contracts with retailers of petroleum products who do not meet the prescribed conditions;

b) Signing contracts with retailers of petroleum products when these retailers are already retailers of petroleum products for other key traders or petroleum distributors;

c) Selling petroleum products to petroleum distributors who do not meet the prescribed conditions or without a petroleum purchase and sale contract.

Article 22. Violations concerning the business of gasoline and diesel oil of subsidiaries of traders engaged in export and import
petroleum products

1\. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed on subsidiaries of traders engaged in export and import of gasoline and diesel oil for performing any of the following activities without authorization from the trader engaged in export and import of gasoline and diesel oil:

a\. Selling wholesale to production units or direct consumers;

b) Signing contracts for selling petroleum products to petroleum product distributors;

c) Signing franchise contracts for retailing petroleum products with retailers;

d\. Signing agency contracts.

2. Additional forms of punishment

Suspension of gasoline and diesel oil business operations for a period of one to three months for violations stipulated in Clause 1 of this Article.

3. Measures to remedy consequences

Compel the return of illegal profits obtained through the implementation of violations stipulated in Clause 1 of this Article.

Article 23. Violations concerning the transfer and transshipment of gasoline and diesel oil
petroleum products

A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on the act of transferring or transshipping gasoline and diesel oil at positions not specified or from large vessels or other means of transport that Vietnamese ports cannot directly receive without prior approval from competent authorities.

Article 24. Violations concerning the business of gasoline and diesel oil services

1\. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on the act of leasing warehouses or domestic transportation means of gasoline and diesel oil from other traders who are not traders engaged in gasoline and diesel oil service business.

2\. A fine of VND 100,000,000 to VND 140,000,000 shall be imposed on traders engaged in gasoline and diesel oil service business for committing any of the following violations:

a\. Signing warehouse lease contracts with total capacity exceeding the actual capacity of the warehouse;

b\. Not equipping devices for monitoring and supervising transportation means of gasoline and diesel oil or having such devices but they are not operational or not functioning effectively.

Article 25Violations concerning the business of transportation services of gasoline and diesel oil

1\. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on the act of transporting gasoline and diesel oil where the fuel tank lid does not have a lead seal as prescribed, is not properly sealed, or does not match the initial delivery receipt.

2\. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed on the act of using transportation means to transport gasoline and diesel oil without permission from competent authorities as prescribed by laws on the transportation and business of transportation services of gasoline and diesel oil.

Article 26Violations concerning the production, export, import, temporary import for re-export, transshipment, and processing for export of gasoline and diesel oil and raw materials for producing gasoline and diesel oil

1. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following violations:

a\. Traders producing gasoline and diesel oil exporting gasoline and diesel oil not produced or processed by themselves;

b\. Processing for export of gasoline and diesel oil when not being a producer of gasoline and diesel oil.

2\. A fine of VND 100,000,000 to VND 120,000,000 shall be imposed on the act of temporarily importing for re-exporting, transshipping gasoline and diesel oil and raw materials for producing gasoline and diesel oil without an Export and Import License for Gasoline and Diesel Oil as prescribed or with an Export and Import License for Gasoline and Diesel Oil that has been revoked or withdrawn.

3\. A fine of VND 120,000,000 to VND 140,000,000 shall be imposed on any of the following violations:

a\. Importing gasoline and diesel oil below the minimum quantity and type limit set annually by competent state management authorities;

b\. Importing raw materials for producing gasoline and diesel oil not according to the plan registered with competent state management authorities.

4. Additional forms of punishment

Confiscation of contraband goods, which are gasoline and diesel oil, for violations stipulated in Point a Clause 1 of this Article.

5. Measures to remedy consequences

Compel the return of illegal profits obtained through the implementation of violations stipulated in Points a and b Clause 1 of this Article.

Article 27Violations concerning the reserve of gasoline and diesel oil and raw materials for producing gasoline and diesel oil

1\. A fine of VND 100,000,000 to VND 120,000,000 shall be imposed on the act of maintaining the level of reserves of raw materials for producing gasoline and diesel oil below the minimum level as prescribed.

2\. A fine of VND 120,000,000 to VND 140,000,000 shall be imposed on the act of maintaining the level of circulating reserves of gasoline and diesel oil below the minimum level as prescribed.

Article 28Violations concerning signage

1\. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on general agents, agents, traders holding the right to retail gasoline and diesel oil, and retail outlets for failing to correctly display the name of the main trader or distribution trader supplying gasoline and diesel oil on the signboard of the retail outlet.

2\. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on distribution traders for failing to uniformly specify the name of the distribution trader on the signboard of retail outlets within their distribution system.

3\. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on main traders for failing to uniformly specify the name of the main trader on the signboard of retail outlets within their distribution system.

Violations concerning the use of trade names, logos, trademarks, and commercial designations shall be penalized according to the Decree stipulating administrative penalties in the field of intellectual property rights.

Article 29. Violations concerning the establishment and maintenance of quality management systems, laboratory capability management systems, and the implementation of the blending process of biofuels with traditional fuels as prescribed by the Prime Minister

1\. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of failing to establish, apply, and maintain an effective quality management system for gasoline and diesel oil as prescribed.

2\. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on the act of failing to establish a laboratory capability management system as prescribed or failing to have a service contract with a state agency possessing a laboratory capable of testing and inspecting gasoline and diesel oil quality standards in accordance with national technical regulations and published standards.

3. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for failing to implement the schedule for blending biofuel with traditional fuel as prescribed by the Prime Minister.

Article 30. Violation of regulations on selling gasoline and diesel oil

1. A fine of between 500,000 dong and 1,000,000 dong shall be imposed for one of the following violations:

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

b) Posting the operating hours unclearly or not prominently.

2. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for selling gasoline and diesel oil through mini-pumps, hand pumps, barrels, cans, and other containers except for traders who are individual households, gas stations under the armed forces (defense and police) located in mountainous and highland areas as permitted by the provincial People's Committee to act as retail agents with appropriate scale and equipment suitable for the business conditions in that area.

3. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed for failing to register operating hours with the competent state management agency.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for selling gasoline and diesel oil through automatic fuel dispensers or mobile pumps (but not mini-pumps) without having obtained the necessary permit from the competent authority.
License.

5. A fine of from 20,000,000 VND to 40,000,000 VND shall be imposed on any of the following violations:

a) Reducing operating hours compared to posted hours or previous operating hours without justifiable reasons or without notifying the competent authority as required;

b) Ceasing operations without justifiable reasons or without notifying the competent authority as required;

c) Reducing the quantity sold compared to previous periods without justifiable reasons or without notifying the competent authority as required.

6. A fine of VND 120,000,000 to VND 140,000,000 shall be imposed for purchasing, selling, transporting, or trading in gasoline and diesel oil when not being a principal trader, a service transportation trader, a distributor, a general agent, an agent, a retailer, or a retail outlet (except for purchases made for production purposes).
Seizure of the objects used to commit administrative violations for violations stipulated in Clause 2 and Clause 4 of this Article.

7. Additional forms of punishment

. Violations of regulations on cross-border transportation, trade, and exchange of gasoline and diesel oil

Article 311. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed for cross-border transportation, trade, or exchange of gasoline and diesel oil in violation of regulations if the value of the gasoline and diesel oil does not exceed VND 10,000,000.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the gasoline and diesel oil ranges from VND 10,000,000 to VND 30,000,000.

3. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the gasoline and diesel oil ranges from VND 30,000,000 to VND 50,000,000.

4. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the gasoline and diesel oil ranges from VND 50,000,000 to VND 70,000,000.

5. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the gasoline and diesel oil ranges from VND 70,000,000 to less than VND 100,000,000.

6. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the gasoline and diesel oil is VND 100,000,000 or more but not reaching the level of criminal prosecution.

Seizure of gasoline and diesel oil for violations stipulated in this Article.

7. Additional forms of punishment

. Violations of regulations on trading in smuggled gasoline and diesel oil

Article 32of unknown origin or sourceTrading in smuggled gasoline and diesel oil of unknown origin or source shall be punished according to the Government's regulations on administrative penalties in commercial activities.

The illegal importation and trading of gasoline of unknown origin and source shall be penalized according to the Government's regulations on administrative penalties in commercial activities.

Article 33. Acts violating regulations on management of gasoline and diesel fuel in border areas

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for any of the following acts of violation if the value of gasoline and diesel fuel does not exceed VND 10,000,000:

a) Transporting gasoline and diesel fuel into border areas in violation of regulations;

b) Trading or exchanging gasoline and diesel fuel with foreign vessels or means of transport at sea.

3. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the gasoline and diesel oil ranges from VND 30,000,000 to VND 50,000,000.

4. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the gasoline and diesel oil ranges from VND 50,000,000 to VND 70,000,000.

4. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of violation specified in Clause 1 of this Article if the value of gasoline and diesel fuel is from VND 50,000,000 to VND 70,000,000.

6. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the value of the gasoline and diesel oil is VND 100,000,000 or more but not reaching the level of criminal prosecution.

6. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for the act of violation specified in Clause 1 of this Article if the value of gasoline and diesel fuel is VND 100,000,000 or more but has not reached the level of criminal liability.

7. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for retail gasoline and diesel fuel shops in border areas that commit any of the following acts of violation:

a) Not complying with the regulations on time for selling gasoline and diesel fuel in border areas;

b) Not complying with the regulations on methods and quotas for selling gasoline and diesel fuel to foreign vessels passing through.

8. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for failing to comply fully with the regulations on supplying gasoline and diesel fuel when supplying gasoline and diesel fuel to retail shops in border areas.

9. Additional forms of punishment

Seizure of gasoline and diesel fuel for violations stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article.

Article 34. Acts violating regulations on blending gasoline and diesel fuel

1. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on principal traders who blend gasoline and diesel fuel without registering the blending facility as required.

2. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) Blending gasoline and diesel fuel when not being a principal trader;

b) Blending gasoline and diesel fuel at a location other than a production site, blending plant, or storage facility serving domestic needs of principal traders;

c) Mixing or adding other substances to gasoline and diesel fuel for
profit;

d) Not having a testing laboratory with sufficient capacity to test the quality of gasoline and diesel fuel according to national technical standards.

Suspension of gasoline production activities for a period of one month to three months for violations specified in Clause 2 herein.

Seizure of contraband goods and means of transportation used for administrative violations for the act of violation stipulated in point c of Clause 2 of this Article.

4. Measures to remedy consequences

Compel the return of illegal profits obtained from the act of violation stipulated in point c of Clause 2 of this Article.

 

Chapter IV

VIOLATIONS OF ADMINISTRATIVE REGULATIONS AND PENALTIES IN THE BUSINESS OF GAS

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Section 1

VIOLATIONS OF REGULATIONS ON BUSINESS CONDITIONS LPG

 

Article 35. Acts violating regulations on conditions business of LPG

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed on LPG bottle-selling stores that engage in LPG bottle business but do not belong to the ownership of traders who are agents or major agents or LPG trading traders
principals.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on LPG bottle-selling stores that conduct business outside the location recorded in the Certificate of Business Conditions for LPG Bottle Stores.

3. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following acts of violation:

a) The LPG distribution system does not have LPG bottle-selling stores or LPG refilling stations or LPG loading stations for transport vehicles certified with a Certificate of Business Conditions or industrial customers;

b) There is no agency agreement with LPG trading principal traders or major agents as prescribed;

c) Specialized LPG bottle-selling stores conduct business at locations inconsistent with approved planning;

d) There is an LPG bottle storage warehouse but the total capacity is lower than the minimum prescribed;

đ) There is an LPG bottle storage warehouse but it is not owned, co-owned, or leased for at least one year as prescribed;

e) The LPG distribution system does not meet the minimum number of agents or has agents who do not meet business conditions as prescribed;

4. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following acts of violation:

a) There are LPG storage tanks but the total capacity is lower than the minimum prescribed;

b) There are LPG storage tanks but they are not owned, co-owned, or leased for at least one year as prescribed;

c) There is insufficient quantity of various types of LPG bottles (excluding mini LPG bottles) meeting market circulation conditions owned by traders;

d) LPG bottles do not meet market circulation conditions;

đ) There is an LPG refilling station but it does not comply with regulations;

e) There is no LPG bottle storage warehouse or LPG bottle store;

g) There is no LPG distribution system.

5. A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed on one of the following violations:

a) There is a wharf but it is not owned, co-owned, or there is a lease contract for at least five years as prescribed;

b) There is an import reception warehouse for LPG from ships or other transport means but the total capacity of storage tanks does not reach the minimum prescribed;

c) There is insufficient quantity of various types of LPG bottles (excluding mini LPG bottles) meeting market circulation conditions owned by traders;

d) The LPG production and processing facility does not comply with the approved planning;

đ) There is a testing laboratory but it does not have sufficient capacity to test the quality of LPG as prescribed;

e) There is a quality testing laboratory but it is not owned, co-owned, or leased for at least one year as prescribed;

g) There is no or insufficient number of major agents or agents as prescribed;

h) LPG distributors conducting business through pipelines do not have LPG supply stations or have LPG supply stations but do not meet the conditions as prescribed.
prescribed.

6. A fine of from VND 80,000,000 to VND 120,000,000 shall be imposed for any of the following violations:

a) There is no wharf belonging to the Vietnamese port system;

b) There is no import reception warehouse for LPG from ships or other transport means;

c) There is no testing laboratory to test the quality of LPG;

d) There are no LPG bottles;

đ) There are no LPG storage tanks;

e) There are no LPG refilling stations.

7. Additional forms of administrative sanction:

a) Revoke the right to use the Certificate of Eligibility for Business Operations of LPG Bottled Gas Retail Stores for a period of from 01 month to 03 months for violations of the provisions set forth in Clause 2 and Point c, Clause 3 of this Article;

b) Revoke the right to use the Certificate of Eligibility for Business Operations as an LPG Agent for a period of from 01 month to 03 months for violations of the provisions set forth in Point a, Clause 3 of this Article;

c) Revoke the right to use the Certificate of Eligibility for Business Operations as an LPG General Agent for a period of from 01 month to 03 months for violations of the provisions set forth in Point a, Clause 3; Point e, Point g, Clause 4 of this Article;

d) Revoke the right to use the Certificate of Eligibility for Business Operations as an LPG Distributor for a period of from 01 month to 03 months for violations of the provisions set forth in Point a, Clause 3; Points d, đ, e, Clause 6 of this Article;

đ) Revoke the right to use the Certificate of Eligibility for Business Operations for Exporting and Importing LPG for a period of from 01 month to 03 months for violations of the provisions set forth in Point a, Clause 3; Points a, b, d, e, Clause 6 of this Article;

e) Suspend production and processing activities of LPG for a period of from 01 month to 03 months for violations of the provisions set forth in Point c, Clause 6 of this Article.

8. Measures to remedy consequences

Compel the recovery of LPG bottles for violations of the provisions set forth in Point d, Clause 4 of this Article.

Article 36. Violations of the provisions regarding Certificates of Eligibility for Business Operations of 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 business operations without a Certificate of Eligibility for Business Operations of LPG Bottled Gas Retail Stores or with a Certificate of Eligibility for Business Operations of LPG Bottled Gas Retail Stores that has expired or been revoked or withdrawn;

b) Using a Certificate of Eligibility for Business Operations of LPG Bottled Gas Retail Stores that has been erased, altered, or forged;

c) Leasing, lending, renting, or borrowing a Certificate of Eligibility for Business Operations of LPG Bottled Gas Retail Stores.

2. Impose a fine of from 20,000,000 VND to 40,000,000 VND for one of the following violations:

a) Engaging in LPG business operations without a Certificate of Eligibility for Business Operations as an LPG Agent or with a Certificate of Eligibility for Business Operations as an LPG Agent that has expired or been revoked or withdrawn, except in cases where the trader only has 01 LPG retail store or 01 LPG refueling station or 01 LPG filling station for transport vehicles;

b) Using a Certificate of Eligibility for Business Operations as an LPG Agent that has been erased, altered, or forged;

c) Leasing, lending, renting, or borrowing a Certificate of Eligibility for Business Operations as an LPG Agent.

3. Impose a fine of from 40,000,000 VND to 60,000,000 VND for one of the following violations:

a) Engaging in LPG business operations without a Certificate of Eligibility for Business Operations as an LPG General Agent or with a Certificate of Eligibility for Business Operations as an LPG General Agent that has expired or been revoked or withdrawn;

b) Using a Certificate of Eligibility for Business Operations as an LPG General Agent that has been erased, altered, or forged;

c) Leasing, lending, renting, or borrowing a Certificate of Eligibility for Business Operations as an LPG General Agent.

4. Impose a fine of from 60,000,000 VND to 100,000,000 VND for one of the following violations:

a) Engaging in LPG business operations without a Certificate of Eligibility for Business Operations as an LPG Distributor or with a Certificate of Eligibility for Business Operations as an LPG Distributor that has expired or been revoked or withdrawn;

b) Using a Certificate of Eligibility for Business Operations as an LPG Distributor that has been erased, altered, or forged;

c) Leasing, lending, renting, or borrowing a Certificate of Eligibility for Business Operations as an LPG Distributor.

5. Impose a fine of from 100,000,000 VND to 140,000,000 VND for one of the following violations:

a) Exporting or importing LPG without a Certificate of Eligibility for Business Operations for Exporting and Importing LPG or with a Certificate of Eligibility for Business Operations for Exporting and Importing LPG that has expired or been revoked or withdrawn;

b) Using a Certificate of Eligibility for Business Operations for Exporting and Importing LPG that has been erased, altered, or forged;

c) Leasing, lending, renting, or borrowing a Certificate of Eligibility for Business Operations for Exporting and Importing LPG.

6. Additional forms of punishment:

a) Revoke the right to use the Certificate of Eligibility for Business Operations of LPG Bottled Gas Retail Stores for a period of from 01 month to 03 months for violations of the provisions set forth in Point c, Clause 1 of this Article;

b) Revoke the right to use the Certificate of Eligibility for Business Operations as an LPG Agent for a period of from 01 month to 03 months for violations of the provisions set forth in Point c, Clause 2 of this Article;

c) Revoke the right to use the Certificate of Eligibility for Business Operations as an LPG General Agent for a period of from 01 month to 03 months for violations of the provisions set forth in Point c, Clause 3 of this Article;

d) Revoke the right to use the Certificate of Eligibility for Business Operations as an LPG Distributor for a period of from 01 month to 03 months for violations of the provisions set forth in Point c, Clause 4 of this Article;

đ) Revoke the right to use the Certificate of Eligibility for Business Operations for Exporting and Importing LPG for a period of from 01 month to 03 months for violations of the provisions set forth in
Point c, Clause 5 of this Article;

e) Suspend the operation of LPG Bottled Gas Retail Stores for a period of from 01 month to 03 months for violations of the provisions set forth in Points a, b, Clause 1 of this Article;

g) Suspend the operation of LPG Bottled Gas Retail Stores for a period of from 01 month to 03 months for violations of the provisions set forth in Points a, b, Clause 2; Points a, b, Clause 3 of this Article;

h) Suspend the distribution of LPG for a period of from 01 month to 03 months for violations of the provisions set forth in Points a, b, Clause 4 of this Article;

i) Suspend the export and import of LPG for a period of from 01 month to 03 months for violations of the provisions set forth in Points a, b, Clause 5 of this Article;

k) Confiscate the administrative violation evidence, which is the Certificate of Eligibility for Business Operations of LPG that has been erased, altered, or forged, for violations of the provisions set forth in Point b of Clauses 1, 2, 3, 4, 5 of this Article.

7. Measures to remedy consequences:

a) Compel the return of illegal profits obtained through the implementation of violations of the provisions set forth in Points a, b of Clauses 1, 2, 3, 4, 5 of this Article;

b) Order to be expelled from the territory of the Socialist Republic of Vietnam or re-export liquefied petroleum gas (LPG) goods for acts violating the provisions set forth in points a and b, Clause 5 of this Article.

Article 37. Acts violating the conditions for LPG refilling stations
into cylinders

1. Fine from VND 40,000,000 to VND 60,000,000 for LPG refilling stations into cylinders that do not belong to the principal liquefied petroleum gas traders.

2. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) The location of the LPG refilling station into cylinders does not comply with the planning or does not match the location recorded on the Certificate of Eligibility for Refilling LPG into Cylinders;

b) The LPG refilling station into cylinders has not been approved by the competent authority to invest in construction;

c) Lack of complete procedures for refilling LPG into cylinders, operating vehicles, equipment within the station, handling incidents, and safety regulations.

3. Fine from VND 100,000,000 to VND 160,000,000 for refilling stations, refilling equipment, pipeline systems, storage tanks, and auxiliary equipment that do not comply with safety regulations according to national technical standards.

4. Fine from VND 160,000,000 to VND 200,000,000 for any of the following violations:

a) Lack of Certificate of Eligibility for Refilling LPG into Cylinders or the Certificate of Eligibility for Refilling LPG into Cylinders has expired or been revoked or withdrawn;

b) Using a Certificate of Eligibility for Refilling LPG into Cylinders that has been erased, altered, or forged;

c) Renting, lending, or leasing a Certificate of Eligibility for Refilling LPG into Cylinders;

d) Continuing to operate the refilling of LPG into cylinders when the refilling station has been ordered to cease operations.

5. Additional forms of punishment:

a) Revoke the right to use the Certificate of Eligibility for Refilling LPG into Cylinders for a period of one to three months for acts violating the provisions set forth in point c, Clause 4 of this Article;
This provision;

b) Suspend the operation of the LPG refilling station into cylinders for a period of one to three months for acts violating the provisions set forth in points a and b, Clause 4 of this Article;

c) Confiscate the administrative violation evidence, which is the Certificate of Eligibility for Refilling LPG into Cylinders, for acts violating the provisions set forth in point b, Clause 4 of this Article.

6. Measures to remedy consequences:

a) Order to dismantle the refilling station for acts violating the provisions set forth in point b, Clause 2 of this Article;

b) Order to return the illegal profits obtained from implementing acts violating the provisions set forth in points a and b, Clause 4 of this Article.

Article 38. Acts violating the conditions for LPG refilling stations into transport vehicles

b) Using a Certificate of Eligibility for Retailing Gasoline that has been altered, tampered with, or forged;

a) LPG refilling stations into transport vehicles that do not belong to traders who are agents or general agents or liquefied petroleum gas traders
principals;

b) Joint ventures or joint operations to build LPG refilling stations into transport vehicles with gasoline retail stores that have not been granted a Business License for Gasoline Sales.

2. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) The location of the LPG refilling station into transport vehicles does not comply with the planning or does not match the location recorded on the Certificate of Eligibility for Refilling LPG into Transport Vehicles;

b) The LPG refilling station into transport vehicles has not been approved by the competent authority to invest in construction;

c) The LPG refilling station into transport vehicles lacks complete operating procedures and safety regulations.

3. Fine from VND 160,000,000 to VND 200,000,000 for any of the following violations:

a) Lack of Certificate of Eligibility for Refilling LPG into Transport Vehicles or the Certificate of Eligibility for Refilling LPG into Transport Vehicles has expired or been revoked or withdrawn;

b) Using a Certificate of Eligibility for Refilling LPG into Transport Vehicles that has been erased, altered, or forged;

c) Renting, lending, or leasing a Certificate of Eligibility for Refilling LPG into Transport Vehicles;

d) Continuing to operate the refilling of LPG into transport vehicles when the refilling station has been ordered to cease operations.

4. Additional forms of administrative punishment:

a) Revoke the right to use the Certificate of Eligibility for Refilling LPG into Transport Vehicles for a period of one to three months for acts violating the provisions set forth in point c, Clause 4 of this Article;

b) Suspend the operation of the LPG refilling station into transport vehicles for a period of one to three months for acts violating the provisions set forth in points a and b, Clause 4 of this Article;

c) Confiscate the administrative violation evidence, which is the Certificate of Eligibility for Refilling LPG into Transport Vehicles that has been erased, altered, or forged for acts violating the provisions set forth in point b, Clause 3 of this Article.

5. Measures to remedy consequences:

a) Order to dismantle the refilling station for acts violating the provisions set forth in point b, Clause 2 of this Article;

b) Order to return the illegal profits obtained from implementing acts violating the provisions set forth in points a and b, Clause 4 of this Article.

Article 39. Acts violating the conditions for LPG distribution LPG

1. Fine from VND 40,000,000 to VND 60,000,000 for LPG distribution stations that do not belong to traders who are agents or general agents or liquefied petroleum gas traders

2. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

principals.

a) The location of the LPG distribution station does not comply with the planning or does not match the location recorded on the Certificate of Eligibility for Distributing LPG;

3. Fine from VND 160,000,000 to VND 200,000,000 for any of the following violations:

b) The LPG distribution station has not been approved by the competent authority to invest in construction.

a) Lack of Certificate of Eligibility for Distributing LPG or the Certificate of Eligibility for Distributing LPG has expired or been revoked or withdrawn;

b) Using a Certificate of Eligibility for Distributing LPG that has been erased, altered, or forged;

c) Renting, lending, or leasing a Certificate of Eligibility for Distributing LPG;

4. Additional forms of administrative punishment:

d) Continuing to operate the distribution of LPG when the distribution station has been ordered to cease operations.

a) Revoke the right to use the Certificate of Eligibility for Distributing LPG for a period of one to three months for acts violating the provisions set forth in point c, Clause 3 of this Article;

b) Suspend the operation of the LPG distribution station for a period of one to three months for acts violating the provisions set forth in points a and b, Clause 3 of this Article;

5. Measures to remedy consequences:

c) Confiscate the administrative violation evidence, which is the Certificate of Eligibility for Distributing LPG that has been erased, altered, or forged for acts violating the provisions set forth in point b, Clause 3 of this Article.

a) Order to dismantle the distribution station for acts violating the provisions set forth in point b, Clause 2 of this Article;

Article 40. Violations of the provisions regarding b) Order to return the illegal profits obtained from implementing acts violating the provisions set forth in points a and b, Clause 3 of this Article. conditions

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

a) The color of the LPG cylinder that has not been registered with the competent authority;
b) Lack of complete storage files for the LPG cylinder as prescribed.

b) Failing to maintain sufficient documentation on LPG cylinders as prescribed.

2. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on the act of failing to recover or failing to recover all LPG cylinders owned by oneself to sell or transfer to another trader along with complete files as prescribed when ceasing business operations or when the LPG business establishment merges or changes its business sector to non-LPG business.

3. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed on any of the following acts of illegally altering the shape, structure, or initial weight of the LPG cylinder:

a) Replacing the base or cutting the handle;

b) Grinding the logo or changing the brand name, serial number;

c) Welding additional metal;

d) Swapping the cylinder head valve;

đ) Other illegal acts that alter the shape, structure, or initial weight of the LPG cylinder.

4. Additional forms of punishment

Seize LPG cylinders that do not meet circulation conditions for violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences

Order recovery of LPG cylinders according to regulations for violations under Clause 2 of this Article.

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 2

VIOLATIONS OF REGULATIONS ON THE BUSINESS OF LPG LPG

 

Article 41. Violations of regulations on the production and processing of LPG

1. A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed on the act of organizing retail distribution of LPG and LPG cylinders but the retail distribution system of LPG and LPG cylinders does not meet the prescribed conditions.

2. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed on the act of failing to establish a distribution system as prescribed when selling LPG to industrial customers and LPG cylinders on the market.

Article 42Violations of regulations on the business of LPG

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on the act of using unauthorized mini LPG cylinders for refilling in catering service establishments.
2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of failing to implement price labeling as prescribed.

a) Not maintaining a record of various types of LPG sold to customers;

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

b) Not displaying the sign or emblem of the main LPG trader whose store owner has signed an agency contract or has displayed a sign but not fully and clearly as prescribed by law;

c) Engaging in the business of mini LPG cylinders and mini LPG cylinders that are not authorized for refilling.

4. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed on any of the following violations:

a) Not notifying customers when adjusting the LPG selling price;

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

c) Selling LPG cylinders of other traders outside the signed contract;

d) Signing an agency contract exceeding the number of main LPG traders or general agents as prescribed;
đ) Signing a general agency contract exceeding the number of main LPG traders as prescribed;

e) Signing a contract with an agent who is already contracted as an agent for one general agent or three main LPG traders;

g) Not registering the distribution system with the competent state management agency as prescribed;

h) Fraudulent declaration in registering the distribution system;

i) Not returning to the main LPG trader or general agent all LPG cylinders pledged and the cylinder files when terminating the agency contract;

k) Not refunding the pledge money when the customer no longer needs to use the LPG cylinder and returns it to the main LPG trader;

l) Selling refillable mini LPG cylinders;
m) Buying, selling, transporting, storing LPG and LPG cylinders when not being a main LPG trader, a trader providing warehouse rental services, transportation services, general agent, agent, owner of a LPG cylinder retail store, or owner of an LPG filling station (except for purchasing for own use in production).

5. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on any of the following violations:

a) Selling at a higher price than the marked price set by the main LPG trader;

b) Purchasing or selling floating LPG and LPG cylinders without origin;

c) Purchasing or selling various types of LPG and LPG cylinders from other LPG traders outside the signed contract;

d) Not reporting the product trademark as prescribed;

đ) Not unifying the LPG selling price within the distribution system under the trader's management or setting prices inconsistent with the market;

e) Not publishing on the trader's website or mass media about the retail price within the distribution system under the trader's management;

g) Not publishing on the trader's website or mass media about the distribution system under the trader's management;

h) Signing a contract with a trader who does not meet the conditions to be an agent or general agent for LPG business.

6. A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed on any of the following violations:

a) Not unifying the LPG and LPG cylinder selling price within the distribution system under the trader's management;

b) Illegally holding, purchasing, selling, exchanging, or storing LPG cylinders not owned by oneself except in cases of leasing for refilling.

7. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed on any of the following violations:

a) Selling bulk LPG to other LPG traders who do not meet the prescribed LPG business conditions;

b) Leasing warehouses for storing LPG, handling LPG, or transportation means for LPG to LPG traders who do not meet the prescribed conditions;

c) Failing to provide sufficient LPG supply in the distribution system under the trader's management, failing to ensure a 15-day circulation reserve level;

8. A fine of from VND 100,000,000 to VND 120,000,000 shall be imposed on the following violation:

Purchasing or selling LPG with LPG traders having LPG filling stations, LPG supply stations, or LPG vehicle refueling stations with certificates of qualification as prescribed.
prescribed;

a) Revoking the right to use the certificate of qualification for LPG business for from one month to three months for violations stipulated in point b, Clause 5 and point b, Clause 6 of this Article in case of repeated offenses or recidivism.
set forth.

8. A fine of VND 100,000,000 to VND 120,000,000 shall be imposed for the following violation:

Purchasing or selling LPG with LPG traders who have refueling stations, supply stations, or vehicle refueling stations with certificates of qualification as prescribed.

9. Additional forms of punishment

a) Revoking the right to use the Certificate of Qualification for LPG Business Operations for a period of one to three months for violations stipulated in point b, Clause 5 and point b, Clause 6 of this Article in cases of repeated offenses or recidivism;

b) Confiscate LPG cylinders, LPG-filled cylinders, and LPG for violations specified in Point b Clause 5 and Point b Clause 6 of this Article.

10. Remedial measures

Compel the return of deposit money to customers when customers no longer have a need for LPG cylinders for violations specified in Point k Clause 4 of this Article.

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 3

VIOLATIONS OF REGULATIONS ON FILLING AND DISTRIBUTING LPG

 

Article 43. Violations of regulations on filling LPG with cylinder

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

a) Using mobile filling stations;

b) Filling LPG into unauthorized refillable mini-LPG cylinders.

2. Fine from VND 40,000,000 to VND 60,000,000 for one of the following violations:

a) Filling LPG into refillable cylinders that have not been inspected or are beyond their inspection validity period;

b) Filling LPG from tankers into LPG cylinders or other equipment;

c) Filling LPG into cylinders that do not meet circulation conditions and failing to remove them from the filling station (including cylinders not owned by the station operator that do not meet circulation conditions) from the market;
market;

d) Renting out filling services to LPG traders who do not meet the required conditions.

3. Fine from VND 60,000,000 to VND 80,000,000 for one of the following violations:

a) Storing LPG cylinders belonging to other traders without a rental agreement at the filling station;

b) Filling LPG into cylinders not owned by the filling station operator, except where there is a rental agreement;

c) Other illegal acts of transferring, bottling, or filling LPG.

4. Additional forms of administrative punishment:

a) Confiscate evidence of violation for violations specified in Clause 1 of this Article;

b) Confiscate LPG cylinders and filled LPG cylinders for violations specified in Point a, Point c Clause 2 and Clause 3 of this Article;

c) Revoke the right to use the Certificate of Eligibility for LPG Filling for one to three months for violations specified in Clause 1, Points a, b, c Clause 2 and Clause 3 of this Article.

Article 44. Violations of the provisions regarding filling LPG with vehicle
transportation

1. Fine from VND 40,000,000 to VND 60,000,000 for failure to inspect safety, valve tightness, safety valve, auxiliary equipment using LPG, connection points, and LPG delivery pipelines to customers as prescribed.

b) Using a Certificate of Eligibility to Operate as a Retail Gasoline Distributor that has been altered, tampered with, or forged;

a) Purchasing LPG of unknown origin circulating in the market or smuggled LPG for sale to customers;

b) Filling LPG into vehicles not designed to use LPG fuel;

c) Filling LPG into cylinders at LPG filling stations for vehicles.

3. Additional forms of punishment:

a) Confiscate LPG, LPG cylinders, and filled LPG cylinders for violations specified in Point a and Point c Clause 2 of this Article;

b) Revoke the right to use the Certificate of Eligibility for LPG Filling for vehicles for one to three months for violations specified in Clause 2 of this Article.

Article 45. Violations of the provisions regarding distribution LPG

b) Using a Certificate of Eligibility for Retailing Gasoline that has been altered, tampered with, or forged;

a) Selling LPG to customers without complying with LPG usage safety regulations, fire prevention, or arbitrarily replacing, installing additional auxiliary equipment using LPG;

b) Failing to inspect safety, valve tightness, safety valve, auxiliary equipment using LPG, connection points, and LPG delivery pipelines to customers as prescribed;

c) Selling LPG to customers without a purchase contract or with a contract but not meeting the safety usage regulations for LPG, fire prevention, and firefighting.

b) Using a Certificate of Eligibility to Operate as a Retail Gasoline Distributor that has been altered, tampered with, or forged;

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

b) Filling LPG into cylinders at LPG distribution stations.

3. Additional forms of punishment:

a) Confiscate LPG, filled LPG cylinders, and LPG cylinders for violations specified in Point b Clause 2 of this Article;

b) Revoke the right to use the Certificate of Eligibility for LPG Distribution for one to three months for violations specified in Point b Clause 2 of this Article.

 

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VIOLATIONS OF REGULATIONS ON PRODUCTION, REPAIR, AND INSPECTION OF LPG CYLINDERS
. Violations of regulations on production and repair of

 

Article 46containers
1. Fine from VND 10,000,000 to VND 20,000,000 for one of the following violations: LPG

a) Technical staff operating testing equipment without specialized vocational training and technical safety training as prescribed;

b) Welders repairing LPG containers without certification for pressure vessel welding as prescribed.

a) Lack of inspection equipment meeting safety and quality requirements for LPG containers after manufacturing as prescribed;

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

b) Failure to fully comply with safety regulations and production procedures for LPG containers and post-production quality inspection procedures approved by the facility's leadership.

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

3. A fine of from forty million dong to sixty million dong shall be imposed for any of the following violations:

b) Producing or repairing LPG cylinders for owners of LPG cylinders without a contract;

c) Producing or repairing LPG cylinders in locations not designated or not matching the location recorded in the Certificate of Eligibility for Production and Repair of LPG Containers;

d) Producing or repairing LPG cylinders without a Certificate of Eligibility for Production and Repair of LPG Containers.

a) Revoke the right to use the Certificate of Eligibility for Production and Repair of LPG Containers for one to three months for repeated or recurring violations specified in Points a, b, c Clause 3 of this Article;

4. Additional forms of administrative punishment:

b) Suspend production and repair activities of LPG cylinders for one to three months for repeated or recurring violations specified in Point d Clause 3 of this Article.

. Violations of regulations

Article 47LPG cylinder inspection stations of a) Direct inspectors performing inspections without training and certification in their specialty and safety in inspection work;

a) Technical staff operating testing equipment without specialized vocational training and technical safety training as prescribed;

b) Direct inspectors performing inspections with less than the minimum required experience as prescribed.

a) Lack of complete safety regulations and inspection procedures for LPG containers approved by leadership as prescribed;

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

b) Lack of necessary equipment for inspection work, specifically including: LPG recovery equipment, metal thickness measuring devices, ultrasonic weld inspection equipment, cylinder valve installation/removal equipment, strength and leak testing equipment, water removal equipment, internal inspection equipment, surface cleaning equipment, scales, stamping equipment, vacuum pumps. All equipment must have technical specifications and capacities suitable for the inspection station's capacity;

c) Inspection equipment for LPG containers not inspected or calibrated as prescribed.

c) Equipment for inspecting LPG storage cylinders not being inspected or calibrated as prescribed.

3. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on the act of inspecting LPG cylinders without a Certificate of Qualification for Inspecting LPG Cylinders.

4. Additional forms of administrative punishment:

a) The right to use the Certificate of Qualification for Inspecting LPG Cylinders shall be revoked for a period of from one to three months for violations stipulated in Point c, Clause 2 of this Article in cases of repeated offenses or recidivism.

b) The operation of the cylinder inspection station shall be suspended for a period of from one to three months for violations stipulated in Clause 3 of this Article.

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 5

VIOLATIONS OF REGULATIONS ON BUSINESS CONDITIONS LNG Business

 

Article 48. Acts violating regulations on conditions LNG Business

1. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on any of the following violations:

a) Having LNG storage tanks but the total capacity is lower than the minimum level prescribed;

b) Having LNG storage tanks but not owned, co-owned, or leased for at least one year by a gas trader in accordance with regulations.

b) Using a Certificate of Eligibility to Operate as a Retail Gasoline Distributor that has been altered, tampered with, or forged;

a) Having a wharf belonging to the Vietnamese port system but not owned, co-owned, or under a lease agreement for at least five years in accordance with
regulations;

b) Having an LNG receiving terminal from ships or other transport means but the total volume of storage tanks does not meet the minimum level prescribed;

c) Having LNG tank trucks or pipelines for transporting LNG but not owned, co-owned, or leased for at least one year;

d) Having an LNG supply station or refueling station for vehicles but not yet issued a Certificate of Qualification;

đ) An LNG production or processing facility that does not comply with the approved planning by the competent authority;

e) Having a quality testing laboratory but not owned, co-owned, or leased for at least one year by a trader or organization with sufficient capability to test and examine gas quality.

3. A fine of VND 80,000,000 to VND 120,000,000 shall be imposed for any of the following violations:

a) Not having a wharf belonging to the Vietnamese port system;

b) Not having an LNG receiving terminal from ships or other transport means;

c) Not having LNG tank trucks or pipelines for transporting LNG;

d) Not having LNG storage tanks;

đ) Not having an LNG supply station or refueling station for vehicles;

e) Not having a testing laboratory to examine and test LNG quality;

g) Not having a pumping and refueling system for LNG transportation that meets the prescribed conditions or not having a system to serve gasification operations that meet the conditions to provide for customers.

4. Additional forms of administrative punishment:

a) The right to use the Certificate of Qualification for Operating an LNG Distributor shall be revoked for a period of from one to three months for violations stipulated in Points đ and đ, Clause 3 of this Article;

b) The right to use the Certificate of Qualification for Exporting and Importing LNG shall be revoked for a period of from one to three months for violations stipulated in Points a, b, c, đ, Clause 3 of this Article;

c) The operation of the LNG supply station or refueling station for vehicles shall be suspended for a period of from one to three months for violations stipulated in Point d, Clause 2 of this Article;

d) The production and processing of LNG shall be suspended for a period of from one to three months for violations stipulated in Point đ, Clause 2 and Points e, g, Clause 3 of this Article.

Article 49. Violations of the provisions regarding Certificate of Qualification for LNG Business

1. A fine of from VND 100,000,000 to VND 120,000,000 shall be imposed on any of the following violations:

a) Engaging in LNG business without a Certificate of Qualification for Operating an LNG Distributor or a Certificate of Qualification for Operating an LNG Distributor that has expired or been revoked or withdrawn;

b) Using a Certificate of Qualification for Operating an LNG Distributor that has been erased, altered, or forged;

c) Renting or lending a Certificate of Qualification for Operating an LNG Distributor.

2. A fine of from VND 120,000,000 to VND 160,000,000 shall be imposed on any of the following violations:

a) Exporting or importing LNG without a Certificate of Qualification for Exporting and Importing LNG or a Certificate of Qualification for Exporting and Importing LNG that has expired or been revoked or withdrawn;

b) Using a Certificate of Qualification for Exporting and Importing LNG that has been erased, altered, or forged;

c) Renting or lending a Certificate of Qualification for Exporting and Importing LNG.

3. Additional forms of punishment:

a) The right to use the Certificate of Qualification for Operating an LNG Distributor shall be revoked for a period of from one to three months for violations stipulated in Point c, Clause 1 of this Article;

b) The right to use the Certificate of Qualification for Exporting and Importing LNG shall be revoked for a period of from one to three months for violations stipulated in Point c, Clause 2 of this Article;

c) The distribution of LNG shall be suspended for a period of from one to three months for violations stipulated in Points a and b, Clause 1 of this Article;

d) The export and import of LNG shall be suspended for a period of from one to three months for violations stipulated in Points a and b, Clause 2 of this Article;

đ) Seizure of administrative violation objects, which are Certificates of Qualification for LNG Business that have been erased, altered, or forged, for violations stipulated in Points b, Clauses 1 and 2 of this Article.

4. Measures to remedy consequences:

a) Compel the return of unlawful profits obtained through the implementation of violations stipulated in Points a and b, Clause 1; Points a and b, Clause 2 of this Article;

b) Compel the removal of LNG goods out of the territory of the Socialist Republic of Vietnam or re-export them for violations stipulated in Points a and b, Clause 2 of this Article.

Article 50. Violations concerning LNG Refueling Station Conditions

b) Using a Certificate of Eligibility for Retailing Gasoline that has been altered, tampered with, or forged;

a) The LNG refueling station does not belong to the LNG main trader;

b) Lack of complete procedures: Refueling LNG into transport vehicles, tank trucks, operating machines and equipment in the station, handling incidents, and safety regulations;
c) Joint ventures or joint operations to build LNG refueling stations with gasoline service stations that do not have a Certificate of Qualification for Gasoline Business.

c) Joint ventures or joint operations involving capital contributions to build liquefied natural gas (LNG) refueling stations for vehicles with gasoline service stations that have not been granted Certificates of Qualification for Gasoline Business Operations.

2. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) The location of the LNG refueling station for transport vehicles does not comply with the planning or does not match the location recorded in the Certificate of Eligibility to Refuel LNG into Transport Vehicles;

b) The LNG refueling station for transport vehicles has not been approved by the competent authority to invest in construction.

3. A fine of from 100,000,000 VND to 160,000,000 VND shall be imposed on the act where the refueling station, refueling equipment, pipeline system, storage tanks, and auxiliary equipment do not meet the current national technical regulations on safety.

4. Fine from VND 160,000,000 to VND 200,000,000 for any of the following violations:

a) Not having the Certificate of Eligibility to Refuel LNG into Transport Vehicles or the Certificate of Eligibility to Refuel LNG into Transport Vehicles has expired or been revoked;

b) Using a Certificate of Eligibility to Refuel LNG into Transport Vehicles that has been erased, altered, or forged;

c) Renting out, lending, or renting, borrowing the Certificate of Eligibility to Refuel LNG into Transport Vehicles.

5. Additional forms of punishment:

a) Revoking the right to use the Certificate of Eligibility to Refuel LNG into Transport Vehicles for a period of from one month to three months for the violation stipulated at point c, Clause 4 of this Article;

b) Suspending the operation of refueling LNG into transport vehicles for a period of from one month to three months for the violation stipulated at points a and b, Clause 4 of this Article;

c) Confiscating the administrative violation evidence, which is the Certificate of Eligibility to Refuel LNG into Transport Vehicles, for the violation stipulated at point b, Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compelling the dismantling of the LNG refueling station for transport vehicles for the violation stipulated at point b, Clause 2 of this Article;

b) Order to return the illegal profits obtained from implementing acts violating the provisions set forth in points a and b, Clause 4 of this Article.

Article 51. Violations concerning the conditions of LNG supply stations

1. A fine of from 40,000,000 VND to 60,000,000 VND shall be imposed on LNG supply stations not owned by major LNG traders.

2. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) The location of the LNG supply station does not comply with the planning or does not match the location recorded in the Certificate of Eligibility to Supply LNG;

b) The LNG supply station has not been approved by the competent authority to invest in construction.

3. Fine from VND 160,000,000 to VND 200,000,000 for any of the following violations:

a) Not having the Certificate of Eligibility to Supply LNG or the Certificate of Eligibility to Supply LNG has expired or been revoked;

b) Using a Certificate of Eligibility to Supply LNG that has been erased, altered, or forged;

c) Renting out, lending, or renting, borrowing the Certificate of Eligibility to Supply LNG.

4. Additional forms of administrative punishment:

a) Revoking the right to use the Certificate of Eligibility to Supply LNG for a period of from one month to three months for the violation stipulated at point c, Clause 3 of this Article;

b) Suspending the operation of supplying LNG for a period of from one month to three months for the violation stipulated at points a and b, Clause 3 of this Article;

c) Confiscating the administrative violation evidence, which is the Certificate of Eligibility to Supply LNG, for the violation stipulated at point b, Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compelling the dismantling of the LNG supply station for the violation stipulated at point b, Clause 2 of this Article;

a) Order to dismantle the distribution station for acts violating the provisions set forth in point b, Clause 2 of this Article;

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 6

VIOLATIONS OF REGULATIONS ON THE BUSINESS OF LPG LNG Business

 

Article 52. Violations concerning the business of LNG

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed on the act of not posting prices as prescribed.

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on the act of not hanging signs or symbols of major LNG traders or hanging them but not clearly recording all required information as prescribed by law.

3. A fine of from 20,000,000 VND to 40,000,000 VND shall be imposed on one of the following violations:

a) Not notifying the competent authority when adjusting the selling price of various gases in areas with distribution systems currently operated by the trader;

b) Not notifying customers when adjusting the selling price of LNG.

4. A fine of from 40,000,000 VND to 60,000,000 VND shall be imposed on the act of not uniformly setting the selling price of LNG within the distribution system under the trader's management or setting prices that do not match the market.

5. A fine of from 60,000,000 VND to 100,000,000 VND shall be imposed on one of the following violations:

a) Signing contracts with other LNG traders who do not meet the required conditions;

b) Selling LNG without a contract to other LNG traders or industrial customers;

c) Not ensuring the minimum level of LNG circulation reserves for the distribution system under its management as prescribed.

6. A fine of from 100,000,000 VND to 140,000,000 VND shall be imposed on the act of leasing LNG storage facilities, LNG ports, LNG delivery facilities, LNG transportation means to other LNG traders who do not meet the required conditions.

Article 53. Violations concerning the production and processing of LNG

1. A fine of from 100,000,000 VND to 140,000,000 VND shall be imposed on the act of leasing LNG storage facilities, LNG ports, LNG delivery facilities, LNG transportation means to other LNG traders who do not meet the required conditions.

2. A fine of from 140,000,000 VND to 160,000,000 VND shall be imposed on the act of not having a safety inspection plan for machines, equipment, production lines to detect and promptly address safety issues during the production and processing of LNG.

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 7

VIOLATIONS OF THE REGULATIONS ON REFUELLING AND SUPPLYING LNGN |||G

 

Article 54. Violations of the provisions regarding filling LN |||G with transport vehicles

1. A fine of from 40,000,000 VND to 60,000,000 VND shall be imposed on the act of not inspecting the safety of LNG refueling equipment as prescribed.

b) Using a Certificate of Eligibility to Operate as a Retail Gasoline Distributor that has been altered, tampered with, or forged;

a) Purchasing LNG without origin or illegally imported LNG for sale to customers;

b) Selling LNG to specialized vehicles that do not meet the required conditions to receive LNG.

3. Additional forms of punishment:

a) Confiscating LNG for the violation stipulated at point a, Clause 2 of this Article;

b) Revoking the right to use the Certificate of Eligibility to Refuel LNG into Transport Vehicles for a period of from one month to three months for the violation stipulated at Clause 2 of this Article.

Article 55. Violations of the provisions regarding distribution LN |||G

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on the act of not providing customers with a safety guide for using LNG, including the phone number of the LNG supply station and the direct manager of the LNG supply station for contact when necessary.

2. Fine from VND 40,000,000 to VND 60,000,000 for one of the following violations:

a) Not inspecting the safety and tightness of the lock valve, safety valve, auxiliary equipment using LNG, connection points, LNG pipelines to customers as prescribed;

b) Sell liquefied natural gas (LNG) to customers without a purchase contract.

3. Fine from VND 60,000,000 to VND 80,000,000 for one of the following violations:

a) Sell LNG to customers who do not comply with regulations on LNG safety usage, fire prevention, explosion prevention, or擅自更换、安装辅助使用LNG的设备;

b) Refill LNG for customers or other LNG traders at supply stations.

4. Additional forms of administrative punishment:

a) Confiscate LNG for violations stipulated in point b, Clause 3 of this Article;

b) Revoke the LNG Supply Qualification Certificate for a period of from one month to three months for violations stipulated in point b, Clause 3 of this Article.

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Section 8

VIOLATIONS OF REGULATIONS ON BUSINESS CONDITIONS Compressed Natural Gas (CNG)

 

Article 56. Acts violating regulations on conditions Engage in CNG business

1. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on any of the following violations:

a) Having CNG storage tanks but the total capacity is lower than the minimum level;
prescribed;

b) Having CNG storage tanks but they are not owned, co-owned, or leased for at least one year by gas traders as prescribed;

c) Having CNG storage tanks but they have not been constructed according to planning or current national technical standards;

d) Having CNG tanker trucks or pipelines for transporting CNG but they are not owned, co-owned, or leased for at least one year by gas traders as prescribed;

đ) Having CNG supply stations or refueling stations for transport vehicles but not yet obtaining a qualification certificate;

2. Impose a fine of VND 60,000,000 to VND 100,000,000 for any of the following violations:

a) Not having CNG storage tanks;

b) Not having CNG tanker trucks or pipelines for transporting CNG;

c) Not having CNG supply stations or refueling stations for transport vehicles;

d) Having wharves belonging to the Vietnamese port system but not owned, co-owned, or leased for at least five years under the provisions;
regulations;

đ) Having import CNG receiving depots from ships or other transport means but the total volume of storage tanks does not meet the minimum level as prescribed;

e) Production and processing facilities for CNG not in accordance with approved planning;

g) Having quality testing laboratories but not owned, co-owned, or leased for at least one year by other traders or organizations capable of inspecting and testing gas quality;

h) Having CNG compression stations but the capacity does not meet the minimum level as prescribed.

3. Impose a fine of VND 100,000,000 to VND 120,000,000 for any of the following violations:

a) Not having a wharf belonging to the Vietnamese port system;

b) Not having import CNG receiving depots from ships or other transport means;

c) Not having quality testing laboratories to inspect and test CNG quality;

d) Not having CNG compression stations.

4. Additional forms of administrative punishment:

a) Revoke the right to use the Qualification Certificate for CNG Distribution Traders for a period of from one month to three months for violations stipulated in points a, b, c of Clause 2 of this Article;

b) Revoke the right to use the Qualification Certificate for CNG Export and Import Traders for a period of from one month to three months for violations stipulated in point b, point c of Clause 2 and points a, b of Clause 3 of this Article;

c) Suspend operations of CNG supply stations or refueling stations for transport vehicles for violations stipulated in point đ of Clause 1 of this Article;

d) Suspend production and processing of CNG for a period of from one month to three months for violations stipulated in point e of Clause 2 and points c, d of Clause 3 of this Article.

Article 57. Violations of the provisions regarding Qualification Certificate for Engaging in CNG Business

1. Impose a fine of VND 100,000,000 to VND 120,000,000 for any of the following violations:

a) Engaging in CNG business without a Qualification Certificate for CNG Distribution Traders or the Qualification Certificate for CNG Distribution Traders has expired or been revoked or recalled;

b) Using a Qualification Certificate for CNG Distribution Traders that has been altered, modified, or forged;

c) Renting, lending, or borrowing a Qualification Certificate for CNG Distribution Traders.

2. A fine of from VND 120,000,000 to VND 160,000,000 shall be imposed on any of the following violations:

a) Exporting or importing CNG without a Qualification Certificate for CNG Export and Import Traders or the Qualification Certificate for CNG Export and Import Traders has expired or been revoked or recalled;

b) Using a Qualification Certificate for CNG Export and Import Traders that has been altered, modified, or forged;

c) Renting, lending, or borrowing a Qualification Certificate for CNG Export and Import Traders.

3. Additional forms of punishment:

a) Revoke the right to use the Qualification Certificate for CNG Distribution Traders for a period of from one month to three months for violations stipulated in point c of Clause 1 of this Article;

b) Revoke the right to use the Qualification Certificate for CNG Export and Import Traders for a period of from one month to three months for violations stipulated in point c of Clause 2 of this Article;

c) Suspend CNG distribution activities for a period of from one month to three months for violations stipulated in points a, b of Clause 1 of this Article;

d) Suspend CNG export and import activities for a period of from one month to three months for violations stipulated in points a, b of Clause 2 of this Article;

đ) Confiscate the administrative violation objects which are Qualification Certificates for Engaging in CNG Business that have been altered, modified, or forged for violations stipulated in points b of Clauses 1 and 2 of this Article.

4. Measures to remedy consequences:

a) Order the return of illegal profits obtained through the implementation of violations stipulated in points a, b of Clause 1; points a, b of Clause 2 of this Article;

b) Order the removal of CNG goods out of the territory of the Socialist Republic of Vietnam or re-export them for violations stipulated in points a, b of Clause 2 of this Article.

Article 58. Violations concerning conditions for CNG refueling stations for transport vehicles

b) Using a Certificate of Eligibility for Retailing Gasoline that has been altered, tampered with, or forged;

a) CNG refueling stations for transport vehicles are not owned by key CNG traders;

b) Lack of complete procedures: Refueling CNG into transport vehicles, tanker trucks, operating machines and equipment within the station, handling emergencies, and other regulations;
c) Joint ventures or joint operations to build LNG refueling stations with gasoline service stations that do not have a Certificate of Qualification for Gasoline Business.

c) Joint ventures or joint operations to build CNG refueling stations for transport vehicles with gasoline and diesel fuel retail stores that have not obtained a Qualification Certificate for Engaging in Gasoline and Diesel Fuel Business.

2. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) The location of CNG refueling stations for transport vehicles is inconsistent with planning or does not match the location recorded in the Qualification Certificate for Refueling CNG into Transport Vehicles.

b) The project and design of the CNG refueling station for transport vehicles have not been approved by the competent authority to permit investment and construction.

3. A fine of from 100,000,000 VND to 160,000,000 VND shall be imposed on the act where the refueling station, refueling equipment, pipeline system, storage tanks, and auxiliary equipment do not meet the current national technical regulations on safety.

4. Fine from VND 160,000,000 to VND 200,000,000 for any of the following violations:

a) Lack of a Certificate of Eligibility for CNG Refueling for Transport Vehicles, or such certificate has expired its validity period, or such certificate has been revoked or withdrawn;

b) Using a Certificate of Eligibility for CNG Refueling for Transport Vehicles that has been erased, altered, or forged;

c) Leasing, lending, or renting out a Certificate of Eligibility for CNG Refueling for Transport Vehicles.

5. Additional forms of punishment:

a) Revoking the right to use the Certificate of Eligibility for CNG Refueling for Transport Vehicles for a period of from one to three months for violations stipulated at point c, Clause 4 of this Article;

b) Suspending the operation of refueling LNG into transport vehicles for a period of from one month to three months for the violation stipulated at points a and b, Clause 4 of this Article;

c) Confiscating the administrative violation object, which is the Certificate of Eligibility for CNG Refueling for Transport Vehicles, for violations stipulated at point b, Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compelling the dismantling of the CNG refueling station for transport vehicles for violations stipulated at point b, Clause 2 of this Article;

b) Order to return the illegal profits obtained from implementing acts violating the provisions set forth in points a and b, Clause 4 of this Article.

Article 59. Violations concerning conditions for CNG supply stations

1. Imposing a fine of from forty million dong to sixty million dong on CNG supply stations that are not owned by major gas traders.

2. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) The location of the CNG supply station is not in accordance with the planning or does not match the location recorded in the Certificate of Eligibility for CNG Supply;

b) The CNG supply station has not been approved by the competent authority to permit investment and construction.

3. Fine from VND 160,000,000 to VND 200,000,000 for any of the following violations:

a) Lack of a Certificate of Eligibility for CNG Supply, or such certificate has expired its validity period, or such certificate has been revoked or withdrawn;

b) Using a Certificate of Eligibility for CNG Supply that has been erased, altered, or forged;

c) Leasing, lending, or renting out a Certificate of Eligibility for CNG Supply.

4. Additional forms of administrative punishment:

a) Revoking the right to use the Certificate of Eligibility for CNG Supply for a period of from one to three months for violations stipulated at point c, Clause 3 of this Article;

b) Suspending the operation of CNG supply for a period of from one to three months for violations stipulated at points a and b, Clause 3 of this Article;

c) Confiscating the administrative violation object, which is the Certificate of Eligibility for CNG Supply, for violations stipulated at point b, Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compelling the dismantling of the CNG supply station for violations stipulated at point b, Clause 2 of this Article;

a) Order to dismantle the distribution station for acts violating the provisions set forth in point b, Clause 2 of this Article;

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 9

VIOLATIONS OF REGULATIONS ON THE BUSINESS OF LPG Compressed Natural Gas (CNG)

 

Article 60. Violations concerning natural gas business regulations

1. Imposing a fine of from one million dong to two million dong for failing to post prices as prescribed.

2. Imposing a fine of from ten million dong to twenty million dong for failing to hang signs or symbols of major gas traders or having them hung but not clearly marked as required by law.

3. Imposing a fine of from twenty million dong to forty million dong for failing to notify customers when adjusting the price of CNG.

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

a) Signing contracts with other CNG traders who do not meet the required conditions;

b) Selling CNG to other CNG traders or industrial customers without a contract.

5. Impose a fine of from 100,000,000 VND to 140,000,000 VND for one of the following violations:

a) Not conducting inspections as prescribed for CNG storage tanks and auxiliary equipment at business facilities owned by traders;

b) Leasing warehouses, ports, and transportation means for CNG to other CNG traders who do not meet the required conditions.

6. Remedial measures

Compelling the inspection of CNG storage tanks and auxiliary equipment as prescribed for violations stipulated at point a, Clause 5 of this Article.

Article 61. Violations concerning CNG production and processing regulations

1. Imposing a fine of from one hundred million dong to one hundred and forty million dong for leasing warehouses, ports, and transportation means for CNG to other CNG traders who do not meet the required conditions.

2. Imposing a fine of from one hundred and forty million dong to one hundred and sixty million dong for failing to have safety inspection plans for machines, equipment, and technological chains to detect and promptly address safety issues during CNG production and processing.

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 10

VIOLATIONS CONCERNING CNG REFUELING AND SUPPLY REGULATIONS CNG

 

Article 62. Violations of the provisions regarding filling CNG with transport vehicles

1. Imposing a fine of from twenty million dong to forty million dong for failing to inspect safety and CNG refueling equipment as prescribed.

2. Fine from VND 40,000,000 to VND 60,000,000 for one of the following violations:

a) Purchasing CNG of unknown origin circulating in the market or smuggled CNG to sell to customers;

b) Selling CNG to specialized vehicles that do not meet the required conditions for receiving CNG.

3. Additional forms of punishment:

a) Confiscating CNG for violations stipulated at point a, Clause 2 of this Article;

b) Revoking the right to use the Certificate of Eligibility for CNG Refueling for Transport Vehicles for a period of from one to three months for violations stipulated at Clause 2 of this Article.

Article 63. Violations of the provisions regarding distribution CNG

1. Imposing a fine of from ten million dong to twenty million dong for failing to provide customers with a safety guide for using CNG, including the phone number of the CNG supply station and the direct manager of the CNG supply station for contact when necessary.

2. Fine from VND 40,000,000 to VND 60,000,000 for one of the following violations:

a) Not inspecting safety, valve tightness, safety valves, auxiliary equipment using CNG, connection points, and CNG pipelines to customers as prescribed;

b) Selling CNG to customers without a purchase contract.

3. Imposing a fine of from sixty million dong to eighty million dong for refueling CNG for customers or other CNG traders at the station.

4. Additional forms of administrative punishment:

a) Confiscating CNG for violations stipulated at Clause 3 of this Article;

b) Revoking the right to use the Certificate of Eligibility for CNG Supply for a period of from one to three months for violations stipulated at Clause 3 of this Article.

 

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Chapter 11

VIOLATIONS OTHER GAS BUSINESS VIOLATIONS

 

Article 64. Violations concerning conditions blending gas

1. Imposing a fine of from twenty million dong to forty million dong for blending gas when not a major gas trader. Except for blending gas in bonded gas warehouses.

2. Imposing a fine of from forty million dong to sixty million dong for one of the following violations:

a) Blending gas at locations not specified.

b) Having a testing laboratory but lacking the capacity to test the quality of gas according to national technical standards and published standards;

c) Having a testing laboratory to test the quality of gas but not owned by the trader or jointly owned or leased for at least one year by the trader or another organization;

d) Not registering the blending facility in accordance with the guidelines of the Ministry of Science and Technology.

3. A fine of from 60,000,000 VND to 100,000,000 VND shall be imposed for the act of not having a gas testing laboratory.

Article 65. Acts violating regulations on conditions leasing warehouses, export and import ports gas

b) Using a Certificate of Eligibility for Retailing Gasoline that has been altered, tampered with, or forged;

a) Having a wharf belonging to the Vietnamese seaport system but not owned or jointly owned under a joint venture or joint investment contract;

b) Having a wharf but constructed contrary to the planning or failing to meet current technical standards to receive gas-carrying vessels or other transport means;

c) Having a gas warehouse but constructed contrary to the approved planning or failing to meet current technical standards;

d) Having a gas warehouse but the total storage capacity is lower than the minimum level set forth;
prescribed;

e) Having a gas warehouse but not owned or jointly owned under a joint venture or joint investment contract.

2. A fine of from 100,000,000 VND to 120,000,000 VND shall be imposed for any of the following violations:

a) Not having a wharf belonging to the Vietnamese seaport system;

b) Not having a gas warehouse.

Article 66. Violations concerning conditions transporting gas

b) Using a Certificate of Eligibility for Retailing Gasoline that has been altered, tampered with, or forged;

a) Not having the necessary documents and certificates as stipulated in Clause 2, Article 40 of Decree No. 19/2016/NĐ-CP, including: Dangerous goods transportation permit, Certificate of inspection for measuring and safety equipment, Technical safety and environmental protection certificate for road motor vehicles, still valid;

b) The gas transportation means not being owned, jointly owned, or the lease period of the gas transportation means not complying with regulations.

2. A fine of from 60,000,000 VND to 100,000,000 VND shall be imposed for the act of not having gas transportation means.

Article 67Violations of the provisions on leasing warehouses, export ports,
20th day, gas

b) Using a Certificate of Eligibility for Retailing Gasoline that has been altered, tampered with, or forged;

a) Entering into a lease contract for warehouses, export and import ports, and gas delivery and receipt with gas trading traders or general agents for LPG trading who do not meet the required conditions;

b) Entering into a lease contract for warehouses, export and import ports, and gas delivery and receipt with the wrong party as prescribed by law.

2. A fine of from 60,000,000 VND to 80,000,000 VND shall be imposed for the act of entering into a lease contract for warehouses storing smuggled gas or gas without origin.

Article 68. Violations of the provisions on transportation gas

b) Using a Certificate of Eligibility for Retailing Gasoline that has been altered, tampered with, or forged;

a) Transporting gas without a contract with a gas trading trader or having a transportation contract but the gas trading trader renting transportation means that do not meet the required conditions;

b) Renting gas transportation means that do not meet current conditions or have not been permitted to participate in traffic according to the law.

2. A fine of from 60,000,000 VND to 80,000,000 VND shall be imposed for any of the following violations:

a) Transporting, purchasing, selling smuggled gas, gas without origin, or low-quality gas;

b) Transporting LPG cylinders that do not meet market circulation conditions;

c) Purchasing and selling various types of LPG cylinders from other LPG trading traders currently circulating in the market.

3. Additional forms of punishment:

a) Confiscating gas for violations as stipulated in point a, Clause 2
This provision;

b) Confiscating LPG cylinders for violations as stipulated in point b, Clause 2 of this provision.

Article 69. Violations of the provisions on kin-doanh temporary import for re-export of gas, gas export, transshipment of gas, gas transit

1. A fine of from 80,000,000 VND to 120,000,000 VND shall be imposed for the act of conducting transshipment or transit of gas not in accordance with the current laws on transshipment and transit of goods.

2. A fine of from 120,000,000 VND to 140,000,000 VND shall be imposed for the act of engaging in temporary import for re-export, gas export, transshipment of gas, or gas transit when not being a main gas trader.

3. Measures to remedy consequences

Compelling removal from the territory of the Socialist Republic of Vietnam or re-exporting goods as gas for violations as stipulated in Clause 1 and Clause 2 of this provision.

Article 70Violations concerning signage

1. A fine of from 40,000,000 VND to 60,000,000 VND shall be imposed on main gas traders who fail to uniformly specify the trading name, logo of the main gas trader in the distribution system under their management.

2. Violations of the provisions on the use of trade names, logos (logos), trademarks, and trade marks shall be punished according to the decree regulating administrative penalties in the field of intellectual property.

Article 71. Violations of the provisions on retail prices gas

1. A fine of from 6,000,000 VND to 10,000,000 VND shall be imposed for the act of not notifying the retail price to the Department of Finance and the Department of Industry and Trade where LPG trading businesses operate according to the law on prices.

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

a) Failing to comply with the regulations on procedures and formalities for registering gas sales prices with competent state agencies when the government implements price stabilization measures.

b) Không thực hiện việc kê khai giá LPG khi nhà nước không áp dụng bình ổn giá theo quy định tại Luật giá và các văn bản pháp luật có liên quan.

Chương V

THẨM QUYỀN LẬP BIÊN BẢN VI PHẠM HÀNH CHÍNH
VÀ XỬ PHẠT VI PHẠM HÀNH CHÍNH

 

Điều 72. Thẩm quyền của Chủ tịch Ủy ban nhân dân các cấp

1. Chủ tịch Ủy ban nhân dân cấp xã có quyền:

a) Phạt tiền đến 10.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức xử phạt tiền được quy định tại điểm a khoản này;

c) Áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại các điểm a, b, c và đ khoản 1 Điều 28 Luật xử lý vi phạm hành chính.

2. Chủ tịch Ủy ban nhân dân cấp huyện có quyền:

a) Phạt tiền đến 100.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

c) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

d) Áp dụng các biện pháp khắc phục hậu quả quy định tại các điểm a, b, c, đ, e, h, i và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

3. Chủ tịch Ủy ban nhân dân cấp tỉnh có quyền:

a) Phạt tiền đến 2.000.000.000 đồng đối với hành vi vi phạm trong lĩnh vực dầu khí, đến 200.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu và khí;

b) Tước quyền sử dụng giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính;

d) Áp dụng biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Nghị định này theo thẩm quyền quy định tại khoản 1
 Điều 28 Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

Điều 73. Thẩm quyền của Quản lý thị trường

1. Kiểm soát viên thị trường đang thi hành công vụ có quyền phạt tiền đến 1.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu
và khí.

2. Đội trưởng Đội Quản lý thị trường có quyền:

a) Phạt tiền đến 50.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm b khoản này;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, đ, e, g, h, i và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính và khoản 3
Điều 3 Nghị định này.

3. Chi cục trưởng Chi cục Quản lý thị trường, Trưởng phòng Chống buôn lậu, Trưởng phòng Chống hàng giả, Trưởng phòng Kiểm soát chất lượng hàng hóa thuộc Cục Quản lý thị trường có quyền:

a) Phạt tiền đến 100.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu và khí;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

c) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c, d, đ, e, g, h, i và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

4. Cục trưởng Cục Quản lý thị trường có quyền:

a) Phạt tiền đến 2.000.000.000 đồng đối với hành vi vi phạm trong lĩnh vực dầu khí, đến 200.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu và khí;

b) Tịch thu tang vật, phương tiện vi phạm hành chính;

c) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c, d, đ, e, g, h, i và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính và và khoản 3 Điều 3 Nghị định này.

Điều 74. Thẩm quyền của Công an nhân dân

1. Chiến sĩ Công an nhân dân đang thi hành công vụ có quyền phạt tiền đến 1.000.000 đồng.

2. Trạm trưởng, Đội trưởng của người được quy định tại khoản 1 Điều này có quyền phạt tiền đến 3.000.000 đồng.

3. Trưởng Công an cấp xã, trưởng đồn Công an, Trạm trưởng trạm Công an cửa khẩu, khu chế xuất có quyền:

a) Phạt tiền đến 5.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

c) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

d) Áp dụng các biện pháp khắc phục hậu quả quy định tại các điểm a, c và đ khoản 1 Điều 28 Luật xử lý vi phạm hành chính.

4. Trưởng Công an cấp huyện; Trưởng phòng nghiệp vụ thuộc Cục Cảnh sát giao thông; Trưởng phòng Công an cấp tỉnh gồm Trưởng phòng Cảnh sát quản lý hành chính về trật tự xã hội, Trưởng phòng Cảnh sát trật tự, Trưởng phòng Cảnh sát điều tra tội phạm về trật tự xã hội, Trưởng phòng Cảnh sát điều tra tội phạm về kinh tế và tham nhũng, Trưởng phòng Cảnh sát giao thông đường bộ, đường sắt, Trưởng phòng Cảnh sát đường thủy, Trưởng phòng Cảnh sát phòng, chống tội phạm về môi trường, Trưởng phòng Cảnh sát phòng cháy, chữa cháy và cứu nạn, cứu hộ, Trưởng phòng Cảnh sát phòng cháy, chữa cháy và cứu nạn, cứu hộ trên sông thuộc Cảnh sát phòng cháy và chữa cháy cấp tỉnh, Trưởng phòng Cảnh sát phòng cháy, chữa cháy và cứu nạn, cứu hộ thuộc Cảnh sát phòng cháy và chữa cháy cấp tỉnh, Trưởng phòng An ninh kinh tế, có quyền:

a) Phạt tiền đến 50.000.000 đồng;

b) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định điểm a khoản này;

d) Áp dụng các biện pháp khắc phục hậu quả quy định tại các điểm a, c và đ khoản 1 Điều 28 của Luật xử lý vi phạm hành chính.

5. Giám đốc Công an cấp tỉnh, Giám đốc Cảnh sát phòng cháy và chữa cháy cấp tỉnh có quyền:

a) Phạt tiền đến 100.000.000 đồng;

b) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm b khoản này;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c, đ, i và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

6. Cục trưởng Cục An ninh kinh tế tổng hợp, Cục trưởng Cục Cảnh sát phòng, chống tội phạm buôn lậu, Cục trưởng Cục Cảnh sát quản lý hành chính về trật tự xã hội, Cục trưởng  Cục Cảnh sát điều tra tội phạm về trật tự xã hội, Cục trưởng Cục Cảnh sát điều tra tội phạm về kinh tế và tham nhũng, Cục trưởng Cục Cảnh sát giao thông, Cục trưởng Cục Cảnh sát phòng cháy, chữa cháy và cứu nạn, cứu hộ, Cục trưởng Cục Cảnh sát phòng chống tội phạm về môi trường, Cục trưởng Cục Cảnh sát phòng, chống tội phạm sử dụng công nghệ cao, có quyền:

a) Phạt tiền đến 2.000.000.000 đồng đối với hành vi vi phạm trong lĩnh vực dầu khí, đến 200.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu và khí;

b) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c, đ, i và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

Điều 75. Thẩm quyền xử phạt của Bộ đội Biên phòng

1. Chiến sĩ Bộ đội Biên phòng đang thi hành công vụ có quyền phạt tiền đến 2.000.000 đồng.

2. Trạm trưởng, Đội trưởng của người được quy định tại khoản 1 Điều này có quyền phạt tiền đến 5.000.000 đồng.

3. Đồn trưởng Đồn biên phòng, Hải đội trưởng Hải đội biên phòng, Chỉ huy trưởng Tiểu khu biên phòng, Chỉ huy trưởng biên phòng Cửa khẩu cảng có quyền:

a) Phạt tiền đến 50.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c, đ
và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính.

4. Chỉ huy trưởng Bộ đội Biên phòng cấp tỉnh, Chỉ huy trưởng Hải đoàn biên phòng trực thuộc Bộ Tư lệnh Bộ đội Biên phòng có quyền:

a) Phạt tiền đến 2.000.000.000 đồng đối với hành vi vi phạm trong lĩnh vực dầu khí, đến 200.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu và khí;

b) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c, đ, i và k khoản 1 Điều 28 của Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

Điều 76. Thẩm quyền xử phạt của Cảnh sát biển

1. Cán bộ, chiến sỹ Cảnh sát biển đang thi hành công vụ có quyền đang thi hành công vụ có quyền phạt tiền đến 3.000.000 đồng.

2. Tổ trưởng Tổ nghiệp vụ Cảnh sát biển có quyền phạt tiền đến 10.000.000 đồng.

3. Đội trưởng Đội nghiệp vụ Cảnh sát biển, Trạm trưởng Trạm Cảnh sát biển có quyền:

a) Phạt tiền đến 20.000.000 đồng;

b) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c và đ khoản 1 Điều 28 của Luật xử lý vi phạm hành chính.

4. Hải đội trưởng Hải đội Cảnh sát biển có quyền:

a) Phạt tiền đến 50.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm b khoản này;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c, d, đ và k khoản 1 Điều 28 của Luật xử lý vi phạm hành chính.

5. Hải đoàn trưởng Hải đoàn Cảnh sát biển có quyền:

a) Phạt tiền đến 100.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c, d, đ và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính.

6. Tư lệnh Vùng Cảnh sát biển có quyền:

a) Phạt tiền đến 200.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c, d, đ và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

7. Tư lệnh Cảnh sát biển có quyền:

a) Phạt tiền đến 2.000.000.000 đồng đối với hành vi vi phạm trong lĩnh vực dầu khí, đến 200.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu và khí;

b) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, b, c, d, đ và k khoản 1 Điều 28 của Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

Điều 77. Thẩm quyền xử phạt của Hải quan

1. Công chức Hải quan đang thi hành công vụ có quyền phạt tiền đến 1.000.000 đồng.

2. Đội trưởng thuộc Chi cục Hải quan, Đội trưởng thuộc Chi cục kiểm tra sau thông quan có quyền phạt tiền đến 10.000.000 đồng.

3. Chi cục trưởng Chi cục Hải quan, Chi cục trưởng Chi cục kiểm tra sau thông quan, Đội trưởng Đội kiểm soát thuộc Cục Hải quan tỉnh, liên tỉnh, thành phố trực thuộc trung ương, Đội trưởng Đội kiểm soát chống buôn lậu, Đội trưởng Đội thủ tục Hải quan, Hải đội trưởng Hải đội kiểm soát trên biển và Đội trưởng Đội kiểm soát bảo vệ quyền sở hữu trí tuệ thuộc Cục Điều tra chống buôn lậu Tổng cục Hải quan có quyền:

a) Phạt tiền đến 50.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm d, đ, g, i và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính.

4. Cục trưởng Cục Điều tra chống buôn lậu, Cục trưởng Cục kiểm tra sau thông quan thuộc Tổng cục Hải quan, Cục trưởng Cục Hải quan tỉnh, liên tỉnh, thành phố trực thuộc trung ương có quyền:

a) Phạt tiền đến 100.000.000 đồng;

b) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn tại Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm d, đ, g, i và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

5. Tổng cục trưởng Tổng cục Hải quan có quyền:

a) Phạt tiền đến 2.000.000.000 đồng đối với hành vi vi phạm trong lĩnh vực dầu khí, đến 200.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu và khí;

b) Tịch thu tang vật, phương tiện vi phạm hành chính;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm d, đ, g, i và k khoản 1 Điều 28 Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

Điều 78. Thẩm quyền của Thanh tra chuyên ngành

1. Thanh tra viên có quyền:

a) Phạt tiền đến 1.000.000 đồng;

b) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

c) Áp dụng biện pháp khắc phục hậu quả quy định tại các điểm a, c và đ khoản 1 Điều 28 Luật xử lý vi phạm hành chính.

2. Chánh Thanh tra Sở Công Thương, Trưởng đoàn thanh tra chuyên ngành cấp sở có quyền:

a) Phạt tiền đến 100.000.000 đồng;

b) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn trong kinh doanh xăng dầu và khí quy định tại khoản 2 Điều 3 Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại khoản 1 Điều 28 của Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

3. Chánh Thanh tra Bộ Công Thương có quyền:

a) Phạt tiền đến 2.000.000.000 đồng đối với hành vi vi phạm trong lĩnh vực dầu khí, đến 200.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu và khí;

b) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại khoản 1 Điều 28 của Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

4. Trưởng đoàn thanh tra chuyên ngành cấp Bộ có quyền:

a) Phạt tiền đến 1.400.000.000 đồng đối với hành vi vi phạm trong lĩnh vực dầu khí, đến 140.000.000 đồng đối với hành vi vi phạm trong kinh doanh xăng dầu và khí;

b) Đình chỉ hoạt động có thời hạn hoặc tước quyền sử dụng Giấy phép, chứng chỉ hành nghề có thời hạn quy định tại Nghị định này;

c) Tịch thu tang vật, phương tiện vi phạm hành chính có giá trị không vượt quá mức tiền phạt được quy định tại điểm a khoản này;

d) Áp dụng biện pháp khắc phục hậu quả quy định tại khoản 1 Điều 28 của Luật xử lý vi phạm hành chính và khoản 3 Điều 3 Nghị định này.

Điều 79. Thẩm quyền lập biên bản vi phạm hành chính

1. Người có thẩm quyền xử phạt xử phạt vi phạm hành chính, người đang thi hàng công vụ quy định từ Điều 72 đến Điều 78 của Nghị định này.

2. Công chức viên chức đang thi hành công vụ, nhiệm vụ theo chức năng, quyền hạn được giao thuộc lĩnh vực quy định tại Nghị định này.

3. Công chức thuộc cơ quan thanh tra Công thương được phân công thực hiện nhiệm vụ thanh tra, kiểm tra chuyên ngành độc lập hoặc theo đoàn
thanh tra.

4. Công chức thuộc các cơ quan quản lý nhà nước khác được giao nhiệm vụ kiểm tra trong các lĩnh vực về dầu khí, kinh doanh xăng dầu và khí.

5. Người có thẩm quyền lập biên bản vi phạm hành chính quy định tại các khoản 1, 2, 3 và 4 Điều này chỉ có quyền lập biên bản về những vi phạm thuộc phạm vi thi hành công vụ, nhiệm vụ được giao và chịu trách nhiệm về việc lập biên bản.

Điều 80. Phân định thẩm quyền xử phạt của Quản lý thị trường, Công an nhân dân, Hải quan, Bộ đội Biên phòng, Cảnh sát biển và Thanh tra chuyên ngành Công Thương

1. Người có thẩm quyền xử phạt của lực lượng Quản lý thị trường có thẩm quyền xử phạt hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Chương III và Chương IV Nghị định này theo thẩm quyền quy định tại Điều 73 Nghị định này và chức năng, nhiệm vụ, quyền hạn được giao.

2. Người có thẩm quyền xử phạt của lực lượng Công an có thẩm quyền xử phạt hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Chương II, Chương III và Chương IV Nghị định này theo thẩm quyền quy định tại Điều 74 Nghị định này và chức năng, nhiệm vụ, quyền hạn được giao.

3. Người có thẩm quyền xử phạt của lực lượng Bộ đội Biên phòng có thẩm quyền xử phạt hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Điều 6, Điều 7, Điều 8, Điều 9, Điều 10, Điều 11, Điều 12, Điều 13, Điều 14, Điều 16, Điều 23, Điều 26, Điều 30, Điều 31, Điều 32, Điều 33, Điều 40, Điều 65, Điều 66, Điều 67, Điều 68, Điều 69 Nghị định này theo thẩm quyền quy định tại Điều 75 Nghị định này và chức năng, nhiệm vụ, quyền hạn được giao.

4. Người có thẩm quyền xử phạt của lực lượng Cảnh sát biển có thẩm quyền xử phạt hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Điều 6; Điều 7; Điều 8; Điều 9; Điều 10; Điều 11; Điều 12; Điều 13; Điều 14; Điều 16; Điều 23; Điều 24; Điều 30; Điều 31; Điều 32; Điều 33; khoản 5 Điều 36; khoản 2 Điều 49; khoản 2 Điều 57; Điều 65; Điều 66; Điều 67; Điều 68; Điều 69 Nghị định này theo thẩm quyền quy định tại Điều 76 Nghị định này và chức năng, nhiệm vụ, quyền hạn được giao.

5. Người có thẩm quyền xử phạt của lực lượng Hải quan có thẩm quyền xử phạt hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Điều 14; Điều 16; Điều 23; Điều 25; Điều 26; Điều 27; Điều 30; Điều 31; Điều 32; Điều 33; khoản 5 Điều 36; khoản 2
Điều 49; Điều 52; khoản 2 Điều 57; Điều 60; Điều 65; Điều 66; Điều 67; Điều 68; Điều 69 Nghị định này theo thẩm quyền quy định tại Điều 77 Nghị định này và chức năng, nhiệm vụ, quyền hạn được giao.

6. Người có thẩm quyền xử phạt của lực lượng Thanh tra chuyên ngành Công Thương, Trưởng đoàn thanh tra liên ngành có thẩm quyền kiểm tra, lập biên bản vi phạm hành chính, xử phạt hành chính và áp dụng các biện pháp khắc phục hậu quả đối với hành vi vi phạm hành chính quy định tại Nghị định này theo thẩm quyền quy định tại Điều 78 Nghị định này và chức năng, nhiệm vụ, quyền hạn được giao.

 

Chương VI

ĐIỀU KHOẢN THI HÀNH

 

Điều 81. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành từ ngày 10 tháng 7 năm 2017.

2. Nghị định này thay thế Nghị định số 97/2013/NĐ-CP ngày 27 tháng 8 năm 2013 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực dầu khí, kinh doanh xăng dầu và khí dầu mỏ hóa lỏng.

Điều 82. Quy định chuyển tiếp

1. Các hành vi vi phạm đã lập biên bản vi phạm hành chính trước ngày Nghị định này có hiệu lực thì áp dụng các Nghị định của Chính phủ về xử phạt vi phạm hành chính có hiệu lực tại thời điểm lập biên bản vi phạm hành chính để xử phạt.

2. Các hành vi vi phạm được lập biên bản vi phạm hành chính từ ngày Nghị định này có hiệu lực thì áp dụng Nghị định này để xử phạt.

Điều 83. Trách nhiệm thi hành

1. Bộ trưởng Bộ Công Thương chịu trách nhiệm hướng dẫn và tổ chức thực hiện Nghị định này.

2. Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương chịu trách nhiệm thi hành Nghị định này./.