Decree No. 97/2013/ND-CP on administrative penalties for violations in the oil and gas sector, gasoline business, and liquefied petroleum gas.

DECREE

Rules on administrative penalties for violations in the oil and gas sector, the retail trade in gasoline and liquefied petroleum gas (LPG),

business of petroleum and liquefied petroleum gas

_______________________

 

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

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

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

Based on the Oil Law dated July 6, 1993; the Law Amending and Supplementing Certain Provisions of the Oil Law dated June 9, 2000, and the Law Amending and Supplementing Certain Provisions of the Oil Law dated June 3, 2008;

Pursuant to the Law on Prices dated June 20, 2012;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

At the proposal of the Minister of Industry and Trade;

The Government issues this Decree to regulate administrative penalties for violations in the oil and gas sector, gasoline retail trade, and liquefied petroleum gas (LPG),

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation; forms of administrative penalty, fines, and measures to remedy consequences applicable to acts of administrative violation; authority to record acts of administrative violation and authority to impose administrative penalties on acts of administrative violation in the oil and gas sector, gasoline retail trade, and liquefied petroleum gas (LPG).

2. Acts of administrative violation prescribed in this Decree include:

a) Acts of violation concerning exploration, development, and exploitation of oil and gas;

b) Acts of violation regarding safety, security, and environmental protection regulations in the oil and gas sector;

c) Acts of violation concerning reporting systems, information provision, and other state management regulations in the oil and gas sector;

d) Acts of violation concerning conditions for gasoline retail trade;

đ) Acts of violation concerning gasoline retail trade;

e) Acts of violation concerning conditions for LPG retail trade;

g) Acts of violation concerning production, import/export, and retail trade of LPG; violations concerning LPG bottling and bottled LPG;

h) Acts of violation concerning LPG refilling and distribution;

i) Acts of violation concerning LPG bottle production, repair, and inspection.

3. Other acts of administrative violation in the oil and gas sector, gasoline retail trade, and liquefied petroleum gas (LPG) not specified in this Decree shall be subject to administrative penalties under relevant Government Decrees.

Article 2. Applicability

1. Vietnamese individuals and organizations committing acts of administrative violation as prescribed in this Decree.

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

3. Individuals with authority to inspect, record acts of administrative violation, apply preventive measures, and ensure the handling and imposition of administrative penalties as prescribed in this Decree.

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

Article 3. Explanation of Terms

1. "Organization" as defined in this Decree includes economic organizations and other organizations related to the imposition of administrative penalties.

2. "Economic organization" includes enterprises operating under the Enterprise Law dated November 29, 2005, and the Investment Law dated November 29, 2005; cooperatives and cooperative federations established under the Cooperative Law dated November 26, 2003; credit institutions established under the Law on Credit Institutions dated June 16, 2010; insurance organizations established under the Insurance Business Law dated December 9, 2000; other economic organizations as prescribed by law, and economic units subordinate to the aforementioned economic organizations.

3. "Individual" as defined in this Decree includes households engaged in business that must register their business according to the law.

Article 4. Application of fines in administrative penalties

1. The fine amount for violations prescribed in this Decree applies to individuals, including cases where the entity committing the violation is an organization.

2. In cases where an organization commits a violation as prescribed in this Decree, the fine amount for the organization is twice the fine amount for an individual.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY 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 EXPLORATION, SURVEYING, AND EXPLOITATION OF OIL AND GAS

Article 5. Acts violating regulations on oil and gas exploration activities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for failing to establish and submit an annual work program corresponding to each phase in accordance with commitments in the oil and gas contract regarding deadlines, contents of work, and finance.

2. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed for failing to submit collected documents and samples to the competent authority.

3. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for extending the duration of the exploration phase without permission from the competent authority.

4. A fine of VND 200,000,000 to VND 250,000,000 shall be imposed for drilling outside the area specified in the oil and gas contract without permission from the competent authority.

5. A fine of VND 250,000,000 to VND 300,000,000 shall be imposed for retaining discovered gas areas with commercial potential without Prime Minister's approval.

6. A fine of VND 300,000,000 to VND 400,000,000 shall be imposed for conducting exploration activities before the oil and gas contract has been approved by the competent authorities.

7. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed for conducting exploration activities in areas declared off-limits or temporarily off-limits by the State.

8. A fine of VND 900,000,000 to VND 1,000,000,000 shall be imposed for infringing upon Vietnam’s territorial sea, contiguous zone, exclusive economic zone, and continental shelf for purposes of researching, exploring, and exploiting oil and gas.

9. Additional forms of punishment:

a) Confiscation of objects and means used to commit administrative violations as stipulated in Clause 4, Clause 6, and Clause 7 of this Article;

b) Expulsion from the territory of the Socialist Republic of Vietnam for foreign individuals committing violations as stipulated in Clause 8 of this Article.

Article 6. Acts violating regulations on oil and gas field development and exploitation activities

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

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

b) Failure to maintain records of measurement equipment logs for total flow meters or flow check devices as prescribed.

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

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

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

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

d) Extracting oil and gas from two or more strata using a single production pipe or common wellbore without measuring individual stratum flow rates without approval from the competent authority;

đ) Failing to measure total flow of strata and determine individual stratum production rates when simultaneously extracting multiple approved strata;

3. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed for one of the following violations:

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

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

c) Failing to unify fields as required;

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

đ) Failing to comply with pressure measurement regulations;

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

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

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

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

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

l) Exceeding permitted volumes during well testing without approval from the competent authority;

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

4. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for one of the following violations:

a) Failing to comply with the Government of Vietnam's requirements for selling crude oil in the domestic market;

b) Failing to comply with the general plan and field development plan already approved by the competent authority.

5. A fine of VND 200,000,000 to VND 250,000,000 shall be imposed for any of the following violations:

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

b) Extracting oil and gas beyond the contract area without permission from the competent state authority.

6. A fine of VND 250,000,000 to VND 300,000,000 shall be imposed for conducting oil and gas extraction activities in areas declared off-limits or temporarily off-limits by the State.

7. A fine of VND 900,000,000 to VND 1,000,000,000 shall be imposed for infringing upon Vietnam’s territorial sea, contiguous zone, exclusive economic zone, and continental shelf for purposes of oil and gas exploitation.

8. Additional forms of punishment:

a) Confiscation of objects and means used to commit administrative violations 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 individuals committing violations as stipulated in Clause 7 of this Article.

Article 7. Acts violating regulations on activities to conclude oil and gas exploration, development, and exploitation projects

1. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for failing to submit to the competent state management agency the program, plan, and budget estimate for dismantling fixed facilities serving oil and gas exploration, development, and exploitation activities as prescribed.

2. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following violations:

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

b) Not carrying out the dismantling of fixed facilities serving oil and gas exploration, development, and exploitation activities according to the program, plan, and budget estimate for dismantling such facilities that have been approved by the competent state management agency;

c) Not complying with the regulations on preserving and decommissioning oil wells.

3. Measures to remedy consequences

Forced dismantling of the facility or restoring it to its original condition as prescribed shall be ordered for violations at Point b and Point c 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 SAFETY, SECURITY AND ENVIRONMENT

IN THE PETROLEUM SECTOR

Article 8. Acts violating regulations on safety and security of oil and gas

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

a) Planting perennial trees within the safety zone around oil and gas facilities on land;

b) Obstructing the lawful conduct of oil and gas exploration, development, transportation, and delivery activities.

2. A fine of from one hundred million dong to one hundred and fifty million dong shall be imposed for any of the following violations:

a) Not establishing a safety zone around oil and gas facilities as prescribed by the competent authority;

b) Using pressure vessels, fire-resistant tanks designed and installed not in accordance with prescribed standards;

c) Not complying with the regulations on inspecting valves and sensor devices;

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

đ) Not installing emergency shut-off valves at the wellhead and riser or using emergency shut-off valves that do not meet prescribed standards;

e) Not complying with the regulations on the distance between diesel engines placed on land;

g) Using offshore production facilities when pipeline systems and related equipment are designed and installed not in accordance with prescribed standards;

h) Not connecting pressure relief valves and hydrocarbon liquid treatment equipment to settling tanks or storage tanks or rubber-lined tanks with sufficient volume to contain the largest possible volume of liquid before the system is safely shut down;

i) Not installing alarm systems capable of alerting all personnel on the facility in situations that may endanger people, the facility, or harm the natural environment as prescribed;

k) Not preparing quantitative risk assessment reports to serve as the basis for determining safe distances to be submitted to the competent authority as prescribed.

3. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following violations:

a) Conducting construction works, using open flames, heat-producing equipment, and other activities within the safety zone around oil and gas facilities on land, causing harm to such facilities;

b) Anchoring vessels illegally within a two-nautical-mile radius from the outermost edge of offshore oil and gas facilities;

c) Illegally entering or conducting activities in any form within the safety zone of offshore oil and gas facilities without Prime Minister's approval.

4. A fine of VND 200,000,000 to VND 250,000,000 shall be imposed for any of the following violations:

a) Not establishing or maintaining a safety management system throughout the operation process from design, construction, testing, operation, production, and decommissioning of facilities;

b) Not developing an emergency response plan to be submitted for approval by the competent authority;

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

5. Additional forms of punishment

Confiscation of property and means used to commit administrative violations in oil and gas activities for violations specified at Point b Clause 2 and Point c Clause 3 of this Article.

Remedial measures

Forced demolition of unauthorized constructions for violations specified at Point a and c Clause 3 of this Article.

Article 9. Violations of provisions on oil spill response

Violations of provisions on oil spill response shall be subject to penalties as prescribed by the Government for handling violations of laws in the field of environmental protection.

Article 10. Violations of provisions on safety of onshore gas pipeline transportation

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of blasting or quarrying within the area affected from the boundary of the safety corridor to the boundary of the affected area.

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

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

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

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

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

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

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

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

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

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

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

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

3. Additional forms of punishment

Seizure of objects and means used to commit administrative violations as stipulated in Clause 1 of this Article.

Article 11. Violations of environmental protection work regulations

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of not having an environmental protection officer.

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

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

b) Not complying with regulations on extracted water from reservoirs.

3. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed on the act of using drilling fluids or chemicals that are harmful or dangerous without permission from competent state management authorities.

4. Additional forms of punishment

Seizure of objects and means used to commit administrative violations as stipulated in Clause 3 of this Article.

5. Measures to remedy consequences

Compel the implementation of remedial measures to address environmental pollution for violations stipulated in Point b Clause 2 and 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 3

VIOLATIONS OF REPORTING REGIMES AND INFORMATION DISCLOSURE REQUIREMENTS

AND OTHER PROVISIONS IN THE OIL AND GAS SECTOR

Article 12. Violations of reporting and information disclosure requirements

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

1. Not reporting audit results as prescribed.

2. Not registering approved oil and gas reserves as prescribed.

3. Not reporting production parameter measurements in wells as prescribed.

4. Not reporting periodic production volumes, composition, and density of extracted oil and gas from each field and each production target as prescribed.

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

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

7. Not submitting oil and gas reserve reports as prescribed.

8. Not promptly and fully informing about potential risks that may affect the safety of gas transportation pipelines as prescribed.

9. Not reporting when burning or disposing of oil to deal with emergencies as prescribed.

10. Not submitting any of the following documents as prescribed:

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

b) Quarterly and annual consolidated reports on oil and gas activities;

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

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

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

A fine of from twenty million to thirty million Vietnamese dong shall be imposed on acts of failing to provide documents or providing incomplete documents that hinder the petroleum inspection and supervision activities of enforcement officers and competent state management agencies.

Chapter III

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND REMEDIAL MEASURES FOR THE AFTERMATH OF PETROLEUM COMMODITY OPERATIONS

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 CONDITIONS FOR PETROLEUM COMMODITY OPERATIONS

Article 14. Acts violating regulations on conditions for exporting and importing petroleum products

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

a) Exporting or importing petroleum products when the Enterprise Registration Certificate does not register petroleum product operations;

b) Exporting or importing petroleum products when the Export and Import License for Petroleum Products has expired;

c) Using an Export and Import License for Petroleum Products that has been altered or tampered with;

d) Leasing or lending, or renting or borrowing an Export and Import License for Petroleum Products;

đ) Forging or using a forged Export and Import License for Petroleum Products.

2. A fine of from fifty million to eighty million Vietnamese dong shall be imposed on any of the following violations:

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

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

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

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

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

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

a) Not having a dedicated wharf;

b) Not having an import petroleum product storage facility;

c) Not having a dedicated petroleum product transport vehicle;

d) Not having a petroleum product distribution system;

đ) Not having an aircraft fuel refueling vehicle.

4. Additional forms of administrative punishment:

a) Revoking the right to use the Export and Import License for Petroleum Products for a period of one to three months for violations stipulated in Point d Clause 1 of this Article;

b) Confiscating the Export and Import License for Petroleum Products for violations stipulated in Points c and đ Clause 1 of this Article.

Article 15. Acts violating regulations on conditions for producing petroleum products

1. A fine of from thirty million to fifty million Vietnamese dong shall be imposed on the act of producing petroleum products when the Enterprise Registration Certificate does not register petroleum product operations.

2. A fine of from fifty million to eighty million Vietnamese dong shall be imposed on any of the following violations:

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

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

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

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

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

Article 16. Acts violating regulations on conditions for general agency operations of petroleum product sales

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

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

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

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

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

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

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

3. A fine of from thirty million to fifty million Vietnamese dong shall be imposed on any of the following violations:

a) Not having a petroleum product storage tank;

b) Not having a petroleum product distribution system;

c) Not having a dedicated petroleum product transport vehicle.

4. Measures to remedy consequences

Compelling the return to the state budget of the unlawful profits obtained from the violation stipulated in Point a Clause 1 of this Article.

Article 17. Acts violating the conditions for operating retail gasoline agencies

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

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

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

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of not having a retail gasoline store as prescribed.

Article 18. Acts violating the conditions for operating retail gasoline stores

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts of violation:

a) Management staff and direct sales personnel of gasoline must be trained in technical safety skills for fire prevention, firefighting, and environmental protection as prescribed;

b) Using a Business Registration Certificate for Gasoline Trading Conditions that has been erased or altered.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Leasing, lending, or renting, borrowing a Business Registration Certificate for Gasoline Trading Conditions;

b) The location of the retail gasoline store does not match the location recorded on the Business Registration Certificate for Gasoline Trading Conditions.

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of not having sufficient equipment at the retail gasoline store as prescribed or the equipment at the retail gasoline store does not meet the prescribed standards.

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

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

b) Trading in gasoline when the Business Registration Certificate for Gasoline Trading Conditions has expired, been revoked, or had its usage rights withdrawn;

c) Trading in gasoline without a Business Registration Certificate for Gasoline Trading Conditions;

d) Forging or using a forged Business Registration Certificate for Gasoline Trading Conditions.

5. Additional forms of punishment:

a) Revocation of the right to use the Business Registration Certificate for Gasoline Trading Conditions for a period of from 01 month to 03 months for violations stipulated in Point a Clause 2 of this Article;

b) Confiscation of the Business Registration Certificate for Gasoline Trading Conditions for violations stipulated in Point b Clause 1 and Point d Clause 4 of this Article.

Remedial measures

Compel the return to the state budget the amount of unlawful profits obtained for violations stipulated in Point c Clause 4 of this Article.

Article 19. Acts violating the conditions for operating petroleum service businesses

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

a) Operating transportation services for petroleum or operating leasing port and warehouse reception services for petroleum when the Enterprise Registration Certificate does not register petroleum service operations;

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

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

a) Operating leasing port and warehouse reception services for petroleum with docks or warehouses but not in compliance with regulations;

b) Operating transportation services for petroleum with petroleum transportation means but not in compliance with regulations.

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

a) Operating leasing port and warehouse reception services for petroleum without specialized docks or warehouses;

b) Operating transportation services for petroleum without specialized petroleum transportation means;

c) Transporting petroleum but the fuel tank cap of the vehicle does not have a lead-sealed seal as prescribed;

d) Using non-specialized transportation means to transport petroleum or operate transportation services for petroleum.

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 PETROLEUM TRADING

Article 20. Acts violating the regulations on price display and retail prices of petroleum

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

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

b) Displaying the retail price of petroleum inconsistently with the price set by the principal trader;

c) Selling at a price inconsistent with the displayed price set by the principal trader.

2. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of arbitrarily adjusting the retail price of petroleum outside the time frame specified by the principal trader.

3. Additional forms of punishment

Revocation of the right to use the Business Registration Certificate for Gasoline Trading Conditions for a period of from 01 month to 03 months for violations stipulated in Point b, Point c Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences

Compel the return to the state budget the amount of unlawful profits obtained through the implementation of administrative violations for violations stipulated in Point b, Point c Clause 1 and Clause 2 of this Article.

Article 21. Acts violating the regulations on the process for adjusting retail prices of gasoline and diesel fuel by principal traders

1. A fine of VND 60,000,000 to VND 80,000,000 shall be imposed for one of the following violations:

a) Failure to comply with the prescribed procedures and formalities for registering domestic retail prices of gasoline and diesel fuel with competent state agencies;

b) Failure to notify or send the decision on retail prices of gasoline and diesel fuel to units within the distribution system before the effective date when increasing or decreasing retail prices.

2. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for failure to comply with the prescribed price adjustment levels, minimum time interval between two consecutive price increases, and maximum time interval between two consecutive price decreases when adjusting retail prices of gasoline and diesel fuel.

3. Additional forms of punishment

Suspension of the right to use the Business License for exporting and importing gasoline and diesel fuel from one month to three months for violations stipulated in Clause 2 of this Article.

4. Measures to remedy consequences

Compel the violator to return to the State budget the unlawful profits obtained from administrative violations stipulated in Clause 2 of this Article.

Article 22. Acts of fraud involving the use of measuring instruments in the business of gasoline and diesel fuel

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

a) Lack of calibration certificate (Calibration Certificate or Calibration Seal, Calibration Label) for measuring instruments for gasoline and diesel fuel;

b) Use of calibration certificates (Calibration Certificate or Calibration Seal, Calibration Label) for measuring instruments for gasoline and diesel fuel that have expired;

c) Use of calibration certificates (Calibration Certificate or Calibration Seal, Calibration Label) that have been erased, altered.

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

a) Use of measuring instruments that are inaccurate, damaged, or do not meet measurement requirements or the error of the measuring instrument exceeds the permissible error limit;

b) Unauthorized removal of seals, lead seals, calibration seals, calibration labels on measuring instruments without notifying the competent authority as prescribed.

3. A fine of VND 35,000,000 to VND 50,000,000 shall be imposed for one of the following violations:

a) Use of counterfeit calibration certificates (Calibration Certificate or Calibration Seal, Calibration Label);

b) Failure to calibrate measuring instruments within the prescribed period upon request of the competent authority;

c) Altering the technical structure or measurement characteristics of measuring instruments;

d) Interfering, adjusting, repairing, replacing, adding, or removing equipment of measuring instruments causing incorrect measurement results or using other devices to adjust the errors of measuring instruments beyond the permissible error limits;

đ) Engaging in other fraudulent acts related to measurement when selling gasoline and diesel fuel.

4. Additional forms of administrative punishment:

a) Suspension of the right to use the Business Registration Certificate for gasoline and diesel fuel business from one month to six months for violations stipulated in Point a Clause 1, Point a Clause 2 and Clause 3 of this Article;

b) Confiscation of calibration certificates (Calibration Certificate, Calibration Label) for violations stipulated in Point c Clause 1, Point a, Point c, Point d Clause 3 of this Article;

c) Confiscation of measuring instruments and other equipment for violations stipulated in Point c, Point d Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compel the cessation of use of the non-compliant measuring instruments and require calibration of the measuring instruments before they can be put back into use for violations stipulated in Clause 1, Clause 2 and Point a, Point b, Point đ Clause 3 of this Article;

b) Compel the violator to return to the State budget the unlawful profits obtained from administrative violations stipulated in Point a Clause 2 and Clause 3 of this Article.

Article 23. Acts violating regulations on the quality of gasoline and diesel fuel circulating in the market

1. A fine of from one to one and a half times the value of the infringing goods for acts of storing or transporting gasoline and diesel fuel that do not meet National Technical Regulations or announced standards.

2. A fine of from one and a half to two and a half times the value of the infringing goods for any of the following acts of violation:

a) Mixing additives or other substances into gasoline and diesel fuel, thereby changing their quality or making them not conform to National Technical Regulations or announced standards;

b) Buying or selling gasoline and diesel fuel that does not meet National Technical Regulations or announced standards;

c) Exporting, importing, producing, or blending gasoline and diesel fuel that does not meet National Technical Regulations or announced standards.

3. Additional forms of punishment:

a) Revocation of the Certificate of Eligibility for Gasoline and Diesel Fuel Business Operations or the License for Exporting and Importing Gasoline and Diesel Fuel for a period of from one to six months for retail outlets or enterprises engaged in exporting and importing gasoline and diesel fuel that violate the provisions of this Article;

b) Compelling cessation of gasoline and diesel fuel business operations for a period of from one to three months for total agents, agents, or enterprises engaged in gasoline and diesel fuel service businesses that commit violations as stipulated in this Article.

4. Measures to remedy consequences:

a) Compelling cessation of circulation for gasoline and diesel fuel that has not been certified as meeting National Technical Regulations or does not ensure quality in cases of violation of this Article;

b) Compelling recall of all quantities of gasoline and diesel fuel that have not been certified as meeting National Technical Regulations or do not ensure quality currently circulating in the market in cases of violation of this Article;

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

d) Compelling re-exportation or destruction of gasoline and diesel fuel that does not meet National Technical Regulations or announced standards in cases where the measures prescribed in Point c Clause 6 Article 23 cannot be implemented or cause harm to health, safety, or the environment.

Article 24. Acts violating regulations on registration of distribution systems

1. A fine of from VND 3,000,000 to VND 5,000,000 for retail agents of gasoline and diesel fuel that commit any of the following acts of violation:

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

b) Fraudulent declaration in registering the distribution system.

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

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

b) Fraudulent declaration in registering the distribution system.

3. A fine of from VND 20,000,000 to VND 30,000,000 for traders producing gasoline and diesel fuel with distribution systems or traders engaged in exporting and importing gasoline and diesel fuel that commit any of the following acts of violation:

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

b) Fraudulent declaration in registering the distribution system.

Article 25. Acts violating regulations on buying and selling gasoline and diesel fuel through distribution systems

1. A fine of from VND 10,000,000 to VND 20,000,000 for gasoline and diesel fuel retail agents or retail outlets that engage in buying and selling gasoline and diesel fuel with entities outside the distribution system, except when selling directly to end consumers.

2. A fine of from VND 20,000,000 to VND 30,000,000 for total agents engaged in gasoline and diesel fuel business that engage in buying and selling gasoline and diesel fuel with entities outside the distribution system, except when selling directly to end consumers.

3. A fine of from VND 50,000,000 to VND 60,000,000 for key traders that sell gasoline and diesel fuel to entities outside their own distribution system, except when selling directly to industrial households and other key traders.

4. Additional forms of administrative punishment:

a) Revocation of the Certificate of Eligibility for Gasoline and Diesel Fuel Business Operations or the License for Exporting and Importing Gasoline and Diesel Fuel for a period of from one to three months for violations under Clause 1 and Clause 3 of this Article in cases of repeated violations, recidivism, or violations during price stabilization implementation;

b) Compelling cessation of gasoline and diesel fuel business operations for a period of from one to three months for total agents or agents engaged in gasoline and diesel fuel business that commit violations under Clause 2 of this Article in cases of repeated violations, recidivism, or violations during price stabilization implementation.

Article 26. Acts Violating Provisions on Granting and Accepting Principal Agency and Retail Agency for Petroleum Products

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on retail agencies for petroleum products that act as retail agencies for petroleum products exceeding the quantity of principal agencies or key traders as prescribed.

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

a) Acting as a principal agency exceeding the number of key traders as prescribed;

b) Signing contracts with retail agencies or retail shops for petroleum products that do not meet the conditions as prescribed.

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

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

b) Traders accepting to act as principal agencies or retail agencies for petroleum products without a prescribed retail agency business contract;

c) Signing contracts with retail agencies for petroleum products when such agencies are part of the distribution system of other key traders or principal agencies (without terminating current contracts).

4. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on key traders who sign principal agency or retail agency business contracts with traders who do not meet the conditions to act as principal agencies or retail agencies for petroleum products as prescribed.

5. Additional forms of punishment:

Suspension of petroleum product trading activities for a period of one to three months shall be ordered for key traders, principal agencies, and retail agencies for petroleum products that commit violations stipulated in this Article if they repeatedly violate or reoffend.

Article 27. Acts Violating Provisions on Transshipment and Bunkering of Petroleum Products

A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on acts of transshipping or bunkering petroleum products at unauthorized locations.

Article 28. Acts Violating Provisions on Production, Export, Import, Temporary Import for Re-export, Transshipment, Processing for Export of Petroleum Products and Raw Materials for Petroleum Product Production

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

a) Petroleum producers exporting petroleum products not produced or processed for export by themselves;

b) Processing for export of petroleum products when not being a petroleum producer.

2. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on acts of trading in export, import, temporary import for re-export, transshipment of petroleum products and raw materials for petroleum product production without a prescribed Petroleum Export and Import Business License or when such license has been revoked or withdrawn.

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

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

b) Importing raw materials for petroleum product production not in accordance with the plan registered with competent state management authorities.

4. Additional forms of punishment

Revocation of the right to use the Petroleum Export and Import Business License for a period of one to three months shall be ordered for violations stipulated in Point a Clause 3 of this Article if they repeatedly violate or reoffend or violate during price stabilization implementation.

Article 29. Acts violating regulations on gasoline and fuel oil reserves

1. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on traders producing gasoline and fuel oil for committing any of the following violations:

a) Maintaining a level of raw material reserves for gasoline and fuel oil production below the minimum level prescribed;

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

2. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for maintaining a level of circulating gasoline and fuel oil reserves below the minimum level prescribed.

3. Additional forms of punishment

Revocation of the right to use the Business License for exporting and importing gasoline and fuel oil for a period of one to three months for violations stipulated in Point b Clause 1 and Clause 2 of this Article in cases of repeated violations or recidivism or violations during the implementation of price stabilization measures.

Article 30. Acts violating regulations on signage

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for failing to record or incorrectly recording the name of the main supplier trader on the signboard of retail gasoline and fuel oil stores.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on main suppliers for failing to uniformly specify the recording of their names on the signboards of retail gasoline and fuel oil stores within their distribution systems.

Article 31. Acts violating regulations on selling gasoline and fuel oil

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

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

b) Posting business hours unclearly or not easily visible.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for selling gasoline and fuel oil through mini pumps, hand pumps, drums, cans, bottles, and other containers.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on gasoline and fuel oil retail stores and agents for committing any of the following violations:

a) Reducing business hours compared to posted hours or previous business hours without a legitimate reason or without notifying the competent authority as prescribed;

b) Not selling goods or ceasing sales without a legitimate reason or without notifying the competent authority as prescribed;

c) Reducing the quantity of goods sold compared to previous periods without a legitimate reason or without notifying the competent authority as prescribed.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on gasoline and fuel oil general agents for committing any of the following violations:

a) Reducing the quantity of goods sold compared to previous periods without a legitimate reason or without notifying the competent authority as prescribed;

b) Not selling goods or ceasing sales without a legitimate reason or without notifying the competent authority as prescribed.

5. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on main suppliers, enterprises under main suppliers, branches of main suppliers, and branches of enterprises under main suppliers for reducing the quantity of goods sold compared to previous periods without a legitimate reason or without notifying the competent authority as prescribed.

6. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for buying, selling, transporting, storing, or trading in gasoline and fuel oil when not being a main supplier, a service provider for transporting gasoline and fuel oil, a general agent, an agent, or a retail store selling gasoline and fuel oil (except for purchases made for use in production).

7. Additional forms of punishment

a) Confiscation of items used to commit violations for violations stipulated in Clause 2 and Clause 6 of this Article.

b) Revocation of the right to use the Certificate of Eligibility for Gasoline and Fuel Oil Trading or the Business License for Exporting and Importing Gasoline and Fuel Oil for a period of one to three months for violations stipulated in Clause 3 and Clause 5 of this Article in cases of repeated violations or recidivism or violations during the implementation of price stabilization measures.

c) Compulsory suspension of gasoline and fuel oil trading activities for a period of one to three months for enterprises under main suppliers, branches of main suppliers, branches of enterprises under main suppliers, general agents, and agents trading in gasoline and fuel oil who violate the provisions of this Article in cases of repeated violations or recidivism or violations during the implementation of price stabilization measures.

Article 32. Acts Violating Regulations on Transporting, Trading, and Exchanging Petroleum Products Across Borders

1. A fine of from three million to five million Vietnamese dong shall be imposed for transporting, trading, or exchanging petroleum products across borders not in accordance with regulations if the value of the petroleum products does not exceed ten million Vietnamese dong.

2. A fine of from five million to ten million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products exceeds ten million Vietnamese dong but does not exceed thirty million Vietnamese dong.

3. A fine of from ten million to twenty million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products exceeds thirty million Vietnamese dong but does not exceed fifty million Vietnamese dong.

4. A fine of from twenty million to thirty million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products exceeds fifty million Vietnamese dong but does not exceed seventy million Vietnamese dong.

5. A fine of from thirty million to forty million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products exceeds seventy million Vietnamese dong but does not reach one hundred million Vietnamese dong.

6. A fine of from forty million to fifty million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products reaches one hundred million Vietnamese dong or more and is not subject to criminal prosecution.

7. Additional forms of administrative sanction:

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

b) Suspend the right to use the Certificate of Eligibility for Petroleum Product Business or the Export and Import License for Petroleum Products for one to three months for principal traders, retail outlets selling petroleum products that violate the provisions of this Article;

c) Order suspension of petroleum product business operations for one to three months for enterprises under principal traders, branches of principal traders, branches of enterprises under principal traders, general agents, and agents engaged in petroleum product business that violate the provisions of this Article.

Article 33. Acts Violating Regulations on Illegally Imported Petroleum Products Business

Acts of engaging in illegally imported petroleum products business shall be punished according to the Government's regulations on administrative penalties for violations in commercial activities.

Article 34. Acts Violating Regulations on Managing Petroleum Product Business in Border Areas

1. A fine of from one million to five million Vietnamese dong shall be imposed for one of the following violations if the value of the petroleum products does not exceed ten million Vietnamese dong:

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

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

2. A fine of from five million to ten million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products exceeds ten million Vietnamese dong but does not exceed thirty million Vietnamese dong.

3. A fine of from ten million to twenty million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products exceeds thirty million Vietnamese dong but does not exceed fifty million Vietnamese dong.

4. A fine of from twenty million to thirty million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products exceeds fifty million Vietnamese dong but does not exceed seventy million Vietnamese dong.

5. A fine of from twenty million to thirty million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products exceeds seventy million Vietnamese dong but does not reach one hundred million Vietnamese dong.

6. A fine of from thirty million to forty million Vietnamese dong shall be imposed for acts violating Clause 1 of this Article if the value of the petroleum products reaches one hundred million Vietnamese dong or more and is not subject to criminal prosecution.

7. A fine of from five million to ten million Vietnamese dong shall be imposed for retail outlets, agents selling petroleum products in border areas committing one of the following violations:

a) Not complying with the regulations on the time for selling petroleum products in border areas;

b) Not complying with the regulations on the method and quota for selling petroleum products to foreign vessels passing through.

8. A fine of from ten million to twenty million Vietnamese dong shall be imposed for failing to comply fully with the regulations on supplying petroleum products when supplying petroleum products to retail outlets selling petroleum products in border areas.

9. Additional forms of punishment:

a) Seize petroleum products for violations stipulated from Clause 1 to Clause 6 of this Article;

b) Suspend the right to use the Certificate of Eligibility for Petroleum Product Business for one to three months for retail outlets selling petroleum products that repeatedly commit violations or reoffend or violate during price stabilization periods;

c) Order suspension of petroleum product business operations for one to three months for enterprises under principal traders, branches of principal traders, branches of enterprises under principal traders, general agents, and agents engaged in petroleum product business that repeatedly commit violations or reoffend or violate during price stabilization periods.

Chapter IV

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY THE AFTERMATH IN NATURAL GAS AND LIQUEFIED PETROLEUM GAS BUSINESS

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 CONDITIONS FOR NATURAL GAS AND LIQUEFIED PETROLEUM GAS BUSINESS

Article 35. Acts violating regulations on conditions for exporting and importing LPG

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

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on traders exporting or importing LPG who commit any of the following violations:

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

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

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

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

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on traders exporting or importing LPG who commit any of the following violations:

a) Not having an LPG refilling station as prescribed.

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

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

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

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

e) An LPG cylinder refilling station that has not been issued a Certificate of Eligibility for Refilling LPG into Cylinders as prescribed.

4. Additional forms of punishment

Order suspension of operations of the LPG cylinder refilling station for one to three months for violations stipulated in Point e Clause 3 of this Article.

Article 36. Acts violating regulations on conditions for producing and processing LPG

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on traders producing or processing LPG who produce or process LPG when the Enterprise Registration Certificate does not register for production or processing of LPG.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on traders producing or processing LPG who commit any of the following violations:

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

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

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

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

3. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed on traders producing or processing LPG who commit any of the following violations:

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

b) Not having a testing laboratory to test LPG quality as prescribed.

c) Not having an LPG storage facility.

4. Additional forms of punishment

Suspend the use of the Certificate of Technical Eligibility for Producing and Processing LPG for one to three months for violations stipulated in Points b and c Clause 3 of this Article in cases of repeated offenses or recidivism.

Article 37. Acts violating regulations on conditions for primary LPG distributors

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

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

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

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

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

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

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

e) Stores selling bottled LPG, general agents, or agents within the system not meeting the conditions as prescribed.

g) LPG supply stations or LPG refilling stations for cars not meeting the conditions as prescribed.

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

a) Not having an LPG distribution system as prescribed.

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

c) Not having an LPG storage facility.

d) Not having an LPG refilling station.

đ) Having an LPG refilling station but not having a Certificate of Eligibility for Refilling LPG into Cylinders.

4. Additional forms of punishment

Order suspension of operations of LPG supply stations, LPG refilling stations for cars, and LPG refilling stations for one to three months for violations stipulated in Point g Clause 2 and Point đ Clause 3 of this Article.

Article 38. Acts violating provisions on conditions for general agency in LPG business operations

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

a) Not having a Business Registration Certificate or a Business Operation Registration Certificate;

b) Engaging in LPG business operations when the Business Registration Certificate or Business Operation Registration Certificate does not register as an LPG agent;

c) Having an LPG cylinder storage warehouse but constructing it without adhering to technical standards or failing to meet the minimum capacity requirement as prescribed;

d) The LPG distribution system not having an LPG cylinder retail store or an LPG refueling station for automobiles as prescribed;

đ) The LPG distribution system not having the minimum number of agents required or having agents who do not meet the business operation conditions as prescribed;

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

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

a) Not having an LPG cylinder storage warehouse;

b) Not having an LPG distribution system;

Article 39. Acts violating provisions on conditions for LPG agent business operations

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

a) Not having a Business Registration Certificate or a Business Operation Registration Certificate;

b) Engaging in LPG business operations when the Business Registration Certificate or Business Operation Registration Certificate does not register as an LPG agent;

c) Having an LPG cylinder retail store or an LPG refueling station for automobiles but not meeting fire prevention and firefighting conditions as prescribed;

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

a) Not having an LPG cylinder retail store;

b) Not having an agency contract with a primary LPG trader or general agent as prescribed;

Article 40. Acts violating provisions on conditions for LPG cylinder retail stores

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts of violation:

a) Not having a Business Registration Certificate or a Business Operation Registration Certificate;

b) Engaging in LPG business operations when the Business Registration Certificate or Business Operation Registration Certificate does not register for selling LPG cylinders;

c) Not meeting fire prevention and firefighting conditions as prescribed;

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

a) Engaging in LPG business operations without a Business Operation Permit for LPG, a Business Operation Permit for LPG that has expired, or a Business Operation Permit for LPG that has been revoked or confiscated;

b) Renting, borrowing, lending, or renting out a Business Operation Permit for LPG;

c) Using a Business Operation Permit for LPG that has been erased, altered, or forged;

d) Not having a purchase contract for LPG cylinders with an agent, general agent, or primary LPG trader as prescribed;

đ) The location of the LPG cylinder retail store not matching the location recorded in the Business Operation Permit for liquefied petroleum gas;

3. A fine of VND 20,000,000 to VND 30,000,000 for continuing to engage in LPG business operations after being suspended from such activities;

4. Additional forms of administrative punishment:

a) Revoking the right to use a Business Operation Permit for LPG for a period of one to three months for violations stipulated in Point b Clause 2 of this Article;

b) Confiscating a Business Operation Permit for LPG that has been erased, altered, or forged for violations stipulated in Point c Clause 2 of this Article;

Article 41. Acts violating provisions on conditions for LPG refueling stations

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

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

b) An LPG refueling station not meeting fire prevention and firefighting conditions as prescribed;

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

a) Protective fences around the refueling station not ensuring ventilation or not complying with the prescribed safety distances;

b) Not having complete procedures for refueling LPG into cylinders, operating vehicles and equipment at the station, handling incidents, and other safety regulations;

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

a) The location of the LPG refueling station not conforming to planning or not matching the location recorded in the Business Operation Permit for the refueling station;

b) The project or design of the LPG refueling station not being approved by the competent authority for investment construction;

4. A fine of VND 60,000,000 to VND 70,000,000 for one of the following violations:

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

b) Machinery and equipment requiring strict labor safety and hygiene inspections at the refueling station not being inspected and registered as prescribed;

5. A fine of VND 70,000,000 to VND 80,000,000 for one of the following violations:

a) Renting, borrowing, lending, or renting out a Business Operation Permit for refueling LPG into cylinders;

b) Using a Business Operation Permit for refueling LPG into cylinders that has been erased, altered, or forged;

c) Not having a Business Operation Permit for refueling LPG into cylinders or using a Business Operation Permit for refueling LPG into cylinders that has expired;

6. A fine of VND 80,000,000 to VND 90,000,000 for one of the following violations:

a) Continuing to operate the refueling of LPG into cylinders after the right to use a Business Operation Permit for refueling LPG into cylinders has been revoked or the Business Operation Permit for refueling LPG into cylinders has been confiscated;

b) Continuing to operate the refueling of LPG into cylinders after being ordered to suspend operations of the LPG refueling station;

7. Additional forms of administrative sanction:

a) Confiscating a forged Business Operation Permit for refueling LPG into cylinders for violations stipulated in Point b Clause 5 of this Article;

b) Revoking the right to use a Business Operation Permit for refueling LPG into cylinders for a period of one to three months for violations stipulated in Clause 3, Clause 4, and Point a Clause 5 of this Article;

c) Suspending operations of refueling LPG into cylinders for a period of one to three months for violations stipulated in Point c Clause 5 of this Article;

8. Measures to remedy consequences:

a) Being ordered to dismantle the refueling station for violations stipulated in Clause 3 of this Article;

b) Being ordered to inspect and calibrate measuring equipment according to regulations for violations stipulated in Clause 3 of this Article.

Article 42. Acts violating provisions on conditions for LPG refueling stations for automobiles

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for acts not meeting fire prevention and firefighting conditions as prescribed.

2. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following violations:

a) Renting, borrowing, lending, or leasing a Certificate of Eligibility for LPG Refueling for Automobiles;

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

c) Not having a Certificate of Eligibility for LPG Refueling for Automobiles or using a Certificate of Eligibility for LPG Refueling for Automobiles that has expired.

3. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following violations:

a) Not calibrating or adjusting measuring equipment as prescribed;

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

4. A fine of VND 70,000,000 to VND 80,000,000 shall be imposed for any of the following violations:

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

b) An LPG refueling station for automobiles lacking a Construction Permit or a project, design for an LPG refueling station for automobiles未经翻译的中文文本已经是英文了，因此直接输出原始内容：

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

a) Continuing to operate LPG refueling for automobiles when the right to use or the Certificate of Eligibility for LPG Refueling for Automobiles has been revoked or withdrawn;

b) Continuing to operate LPG refueling for automobiles when the operation of the LPG refueling station for automobiles has been ordered to cease.

6. Additional forms of punishment:

a) Confiscate the forged Certificate of Eligibility for LPG Refueling for Automobiles for violations stipulated in Point b Clause 2 of this Article;

b) Revoke the right to use the Certificate of Eligibility for LPG Refueling for Automobiles for a period of one to three months for violations stipulated in Point a Clause 2, Point b Clause 3, and Clause 4 of this Article.

7. Measures to remedy consequences

Order calibration and adjustment of measuring equipment as prescribed for violations stipulated in Clause 3 of this Article.

Article 43. Acts violating provisions on conditions for LPG supply stations

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

a) Not meeting fire prevention and firefighting conditions as prescribed;

b) The LPG supply station does not have signs indicating "No Fire", "No Smoking", "Fire Prevention and Fighting Regulations", "LPG Supply Station Entry Regulations" hung in visible and readable locations.

2. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following violations:

a) Renting, borrowing, lending, or leasing a Certificate of Eligibility for LPG Supply;

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

c) Not having a Certificate of Eligibility for LPG Supply or using a Certificate of Eligibility for LPG Supply that has expired.

3. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following violations:

a) Not calibrating or adjusting measuring equipment as prescribed;

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

4. A fine of VND 70,000,000 to VND 80,000,000 shall be imposed for any of the following violations:

a) The LPG supply station is constructed without following planning or technical standards or does not match the location recorded in the Certificate of Eligibility for LPG Supply;

b) The LPG supply station lacks a Construction Permit or a project, design for an LPG supply station not approved by the competent authority to permit investment construction.

5. A fine of VND 80,000,000 to VND 90,000,000 shall be imposed for any of the following violations:

a) Continuing to operate LPG supply when the right to use or the Certificate of Eligibility for LPG Supply has been revoked or withdrawn;

b) Continuing to operate LPG supply when the operation of the LPG supply station has been ordered to cease.

6. Additional forms of punishment:

a) Confiscate the erased, altered, or forged Certificate of Eligibility for LPG Supply for violations stipulated in Point b Clause 2 of this Article;

b) Revoke the right to use the Certificate of Eligibility for LPG Refueling for Automobiles for a period of one to three months for violations stipulated in Point a Clause 2 Clause 4 of this Article.

7. Measures to remedy consequences

Order calibration and adjustment of measuring equipment as prescribed for violations stipulated in Clause 3 of this Article.

Article 44. Violations concerning conditions for operating liquefied petroleum gas (LPG) storage and port services

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of operating LPG storage and port service business when the Enterprise Registration Certificate does not register the LPG storage and port service business.

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

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

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

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

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

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

3. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed on any of the following violations:

a) Not having a wharf.

b) Not having an LPG warehouse.

Article 45. Violations concerning conditions for operating LPG transportation services

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of operating LPG transportation service business when the Enterprise Registration Certificate does not register the LPG transportation service.

2. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed on the act of operating LPG transportation service business but the means of transport does not meet the required conditions as prescribed.

3. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following violations:

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

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

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

4. Additional forms of punishment

Suspension of operation of LPG transportation service business for a period of from one month to three months for violations stipulated in Clause 2 and 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 2

VIOLATIONS OF REGULATIONS ON THE PRODUCTION, IMPORT AND EXPORT, AND BUSINESS OF LIQUEFIED PETROLEUM GAS (LPG)

Article 46. Violations concerning activities of producing and processing liquefied petroleum gas (LPG)

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

a) Not having signs "No Smoking", "No Open Flame", "No Entry Without Permission", "Fire Prevention and Fighting Regulations", "Entry and Exit Regulations for Production and Processing Areas" hung up in the production and processing areas of LPG as prescribed.

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

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

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

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

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

3. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on the act of putting LPG products into circulation for the first time without being inspected and confirmed by competent state authorities to ensure safety and quality standards as prescribed.

4. Additional forms of punishment

Revocation of the Certificate of Technical Conditions for Producing and Processing LPG for a period of from one month to three months for violations stipulated in Clause 3 of this Article.

Article 47. Acts violating regulations on import, export, and temporary import for re-export of LPG business activities

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

2. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following violations:

a) Importing used LPG cylinders and auxiliary equipment.

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

3. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for the following violations:

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

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

4. Additional forms of administrative punishment:

a) Suspension of import, export, and temporary import for re-export of LPG business activities for a period of from one to three months for violations stipulated in Point b Clause 3 of this Article.

b) Confiscation of used LPG cylinders and auxiliary equipment without correct or any origin declaration, not meeting quality standards or technical regulations as prescribed for violations stipulated in Clause 2 and Point a Clause 3 of this Article.

Article 48. Acts violating regulations on LPG business activities of principal traders in LPG

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on principal traders in LPG who commit any of the following violations:

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

b) Fraudulent declaration in registering the distribution system.

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

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

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

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

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

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

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

d) Failing to maintain the minimum circulation reserve of LPG for their managed distribution systems as prescribed.

4. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for any of the following violations:

a) Purchasing or selling LPG to LPG traders operating refilling stations, supply stations, or vehicle refueling stations that do not meet the required conditions as prescribed.

b) Failing to conduct technical safety inspections of LPG cylinders and equipment with strict safety requirements as prescribed.

5. Additional forms of punishment

Suspension of LPG business operations for a period of from one to three months for violations stipulated in Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compelling traders to refund deposit money to customers when they no longer need LPG cylinders for violations stipulated in Point a Clause 2 of this Article.

b) Compelling traders to conduct technical safety inspections of LPG cylinders and equipment with strict safety requirements as prescribed for violations stipulated in Point b Clause 4 of this Article.

Article 49. Acts violating regulations on LPG business activities of general agents in LPG

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

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

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

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

c) Failing to register distribution systems with competent state management agencies as prescribed.

d) Fraudulent declarations in registering distribution systems.

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

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

b) Failing to return all LPG cylinders and cylinder records to principal traders in LPG upon termination of agency or general agency contracts.

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

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

a) Purchasing or selling various types of LPG floating on the market without origin.

b) Failing to maintain the minimum circulation reserve of LPG as prescribed.

5. Additional forms of punishment

Confiscation of LPG cylinders and LPG that do not meet market circulation conditions for violations stipulated in Point a, Point c Clause 3, Point a Clause 4 of this Article.

Remedial measures

Compelling traders to return all LPG cylinders and cylinder records to principal traders in LPG for violations stipulated in Point b Clause 3 of this Article.

Article 50. Violations of liquefied petroleum gas (LPG) business regulations by LPG sales agents

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on LPG sales agents committing any of the following violations:

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

b) Fraudulent declaration in registering the distribution system.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not training or instructing staff working at the sales agent's business premises as prescribed.

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

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

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

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

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

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

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

5. Additional forms of punishment

Seize LPG and LPG cylinders for violations stipulated in Clause 4 of this Article.

Article 51. Violations of liquefied petroleum gas (LPG) business regulations by LPG cylinder retail stores

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not training or instructing staff working at LPG cylinder retail stores as prescribed.

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

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

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

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

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

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

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

4. Additional forms of administrative punishment:

a) Confiscate evidence including LPG cylinders and LPG bottles for violations stipulated in Point b Clause 2 and Clause 3 of this Article;

b) Suspend the use of the Business License for LPG trading for one to three months for violations stipulated in Clause 3 of this Article.

Article 52. Violations of liquefied petroleum gas (LPG) bottle circulation regulations on the market

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

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

b) Circulating LPG bottles that have not been inspected or are beyond the prescribed technical safety inspection period;

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

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

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of not recalling or not fully recalling the number of LPG bottles owned to sell or transfer to another trader along with complete files as prescribed when ceasing operations or merging, converting businesses that no longer trade in LPG.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following illegal acts of altering the original shape, structure, or weight of LPG bottles:

a) Replacing the base, cutting handles;

b) Grinding logos, changing trademarks, serial numbers;

c) Welding additional metal parts;

d) Swapping the bottle cap;

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

4. Additional forms of punishment

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

5. Measures to remedy consequences:

a) Cease circulation and use of LPG bottles for violations stipulated in Point a, Point b, Point d Clause 1 and Clause 2 of this Article;

b) Compel recall and conduct inspections on LPG bottles already circulated for violations stipulated in Point a and Point b Clause 1 of this Article;

c) Compel recall of LPG bottles according to regulations for violations stipulated in Clause 2 of this Article.

Article 53. Acts violating regulations on liquefied petroleum gas (LPG) business operations

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

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

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

c) Buying, selling, transporting, storing LPG cylinders when not being a first-class exporter, importer, producer, processor, distributor of LPG, a trader providing warehouse leasing services, LPG transportation services, general agency, agency, or retail store for LPG business (except for purchasing for production purposes).

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

a) Engaging in mini LPG cylinder and mini LPG cylinder refilling business not permitted.

b) Selling LPG cylinders that do not meet the required quantity.

c) The owner of LPG cylinders putting LPG cylinders with duplicate serial numbers into circulation in the market.

d) Purchasing, selling, transporting, exchanging, storing various types of LPG cylinders from other LPG traders outside of signed contracts.

đ) Purchasing, selling, transporting, storing LPG cylinders of unknown origin or not meeting the conditions for circulation in the market.

e) Refilling, charging LPG, repairing LPG cylinders at unauthorized locations.

3. A fine of VND 20,000,000 to VND 30,000,000 for acts of illegally holding, buying, selling, exchanging, retaining LPG cylinders not belonging to oneself, except in cases of renting refilling services.

4. A fine of VND 40,000,000 to VND 50,000,000 for illegal refilling of LPG.

5. A fine of VND 50,000,000 to VND 60,000,000 for engaging in buying, selling, transporting, storing, and operating LPG business when not being a first-class exporter, importer, producer, processor, distributor of LPG, a trader providing warehouse leasing services, port export, import LPG, LPG transportation services, general agency, agency, or retail store for LPG (except for cases specified in Point c Clause 1 and cases of purchasing for production purposes).

6. Additional forms of punishment

Confiscate LPG cylinders, LPG and LPG for violations stipulated in Points b, c Clause 1, Points a, c, d, đ, e Clause 2, Clause 3, Clause 4, Clause 5 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 LPG REFILLING AND DISTRIBUTION

Article 54. Acts violating regulations on LPG cylinder refilling

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

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

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

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

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

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

3. A fine of VND 20,000,000 to VND 40,000,000 for any of the following violations:

a) Storing LPG cylinders of other traders without a rental refilling contract at the refilling station.

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

4. Additional forms of administrative punishment:

a) Confiscate LPG cylinders and LPG for violations stipulated in Point a Clause 2, Clause 3 of this Article.

b) Suspend the right to use the Certificate of Eligibility for LPG Cylinder Refilling for a period of 01 to 03 months for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 55. Acts violating provisions on refueling LPG into automobiles

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

2. A fine of from ten million to twenty million dong for the act of joint venture or cooperation with capital contribution to build LPG refueling stations for automobiles with gasoline and diesel fuel retail stores that have not been granted a Certificate of Business Conditions for Gasoline and Diesel Fuel.

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

4. Additional forms of administrative punishment:

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

b) Revoke the right to use the Certificate of Business Conditions for Refueling LPG into Automobiles for from one to three months for violations stipulated in Clause 3 of this Article.

Article 56. Acts violating provisions on issuing LPG

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

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

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

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

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

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

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

4. Additional forms of administrative punishment:

a) Seize the objects of violation for violations stipulated in Point b Clause 3 of this Article;

b) Revoke the right to use the Certificate of Business Conditions for Issuing LPG for from one to three months for violations stipulated in Point b Clause 3 of this Article.

Article 57. Acts violating provisions on refueling LPG

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

a) Using mobile refueling stations;

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

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

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

b) Refueling LPG from tankers into LPG cylinders or other means and equipment;

c) Trading or transporting mini-LPG cylinders or mini-bottled LPG that are not allowed to be refueled again;

d) Trading or transporting LPG cylinders or bottled LPG that do not meet market circulation conditions;

e) Illegally transferring, decanting, or refueling LPG.

3. Additional forms of punishment:

a) Seize the objects of violation for violations stipulated in Clause 1, Point b, Point c, and Point d Clause 2 of this Article;

b) Revoke the right to use the Certificate of Business Conditions for Refueling LPG for from one to three months for violations stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences

Compel the owner of LPG cylinders to inspect the LPG cylinders for violations stipulated in Point a 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…):…temporary

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

Article 58. Acts violating provisions on production and repair of LPG cylinders

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

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

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

b) Not fully complying with regulations on LPG cylinder production and repair.

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

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

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

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

d) Producing or repairing LPG cylinders for LPG cylinder owners without a contract;

e) Producing or repairing LPG cylinders outside the designated location or not matching the location specified in the Certificate of Business Conditions for Production and Repair of LPG Cylinders.

4. Additional forms of punishment

Revoke the right to use the Certificate of Business Conditions for Production and Repair of LPG Cylinders for from one to three months for violations stipulated in Point a, Point b, and Point c Clause 3 of this Article.

Article 59. Violations concerning the conditions for liquefied petroleum gas (LPG) cylinder inspection stations

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

Clause 2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of inspecting LPG cylinders without a Certificate of Eligibility for LPG Cylinder Inspection.

3. Additional forms of punishment

The operation of LPG cylinder inspection stations shall be suspended for a period of from one to three months for violations stipulated in Clause 2 of this Article.

Chapter V

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND IMPOSE ADMINISTRATIVE SANCTIONS

Article 60. Competence to Draft Administrative Violation Records

Persons performing official duties and those authorized to impose administrative penalties of agencies: People's Committees at all levels, Market Management, Public Security, Customs, Border Guard, Coast Guard, and specialized inspectors have the authority to inspect and draft administrative violation records for acts of administrative violations prescribed in this Decree according to their assigned functions, tasks, and powers.

Article 61. Competence of People's Committee Chairpersons at Various Levels to Impose Penalties

Clause 1. The Chairman of the People's Committee at the commune level has the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed in Chapters III and IV of this Decree within the area under his/her management as provided for in Clause 1 of Article 38 and Article 52 of the Law on Handling Administrative Violations.

Clause 2. The Chairman of the People's Committee at the district level has the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed in Chapters III and IV of this Decree within the area under his/her management as provided for in Clause 2 of Article 38 and Article 52 of the Law on Handling Administrative Violations.

Clause 3. The Chairman of the People's Committee at the provincial level has the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed in this Decree within the area under his/her management as provided for in Clause 3 of Article 38 and Article 52 of the Law on Handling Administrative Violations.

Article 62. Competence of Market Management Agencies to Impose Penalties

Those authorized to impose penalties of Market Management agencies have the authority to impose administrative penalties and apply measures to remedy consequences for acts of administrative violations prescribed in Chapters III and IV of this Decree within the area under their management and according to their assigned functions, tasks, and powers as provided for in Article 45 and Article 52 of the Law on Handling Administrative Violations.

Article 63. Competence of Public Security, Customs, Border Guard, Coast Guard, and Specialized Inspectors to Impose Penalties

Clause 1. Those authorized to impose penalties of Public Security agencies have the authority to impose administrative penalties and apply measures to remedy consequences for acts of administrative violations prescribed in Chapters III and IV of this Decree within the area under their management and according to their assigned functions, tasks, and powers as provided for in Article 39 and Article 52 of the Law on Handling Administrative Violations.

Clause 2. Those authorized to impose penalties of Customs agencies have the authority to impose administrative penalties and apply measures to remedy consequences for acts of administrative violations prescribed in Chapters III and IV of this Decree related to export and import activities and services related to export and import activities within the area under their management and according to their assigned functions, tasks, and powers as provided for in Article 42 and Article 52 of the Law on Handling Administrative Violations.

Clause 3. Those authorized to impose penalties of Border Guard agencies have the authority to impose administrative penalties and apply measures to remedy consequences for acts of administrative violations related to oil and gas exploration, transportation, and exploitation activities prescribed in Chapter II and acts of administrative violations related to business, export, and import activities and services related to business, export, and import activities prescribed in Chapters III and IV of this Decree within the area under their management and according to their assigned functions, tasks, and powers as provided for in Article 40 and Article 52 of the Law on Handling Administrative Violations.

Clause 4. Those authorized to impose penalties of Coast Guard agencies have the authority to impose administrative penalties and apply measures to remedy consequences for acts of administrative violations prescribed in this Decree related to oil and gas exploration, transportation, and exploitation activities and business, export, and import activities and services related to export and import activities within the area under their management and according to their assigned functions, tasks, and powers as provided for in Article 41 and Article 52 of the Law on Handling Administrative Violations.

Clause 5. Those authorized to impose penalties of Inspectorate agencies have the authority to inspect, draft administrative violation records, impose administrative penalties, and apply measures to remedy consequences for acts of administrative violations prescribed in this Decree within their respective fields and industries as provided for in Article 46 and Article 52 of the Law on Handling Administrative Violations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 64. Effective Date

1. This Decree takes effect from October 10, 2013.

2. This Decree replaces Decree No. 145/2006/NĐ-CP dated November 30, 2006 of the Government on administrative penalties for violations in the oil and gas sector; Decree No. 104/2011/NĐ-CP dated November 15, 2011 of the Government on administrative penalties for violations in the gasoline business; and Decree No. 105/2011/NĐ-CP dated November 15, 2011 of the Government on administrative penalties for violations in the liquefied petroleum gas business.

Article 65. Transitional Provisions

1. The handling of administrative violations occurring before July 1, 2013 shall be carried out in accordance with Article 3 of Resolution No. 24/2012/QH13 dated June 20, 2012 of the National Assembly on the implementation of the Law on Handling Administrative Violations.

2. For violations detected through inspections (whether administrative violation reports have been established or not) before this Decree takes effect, the applicable Government Decrees on administrative penalties in force at the time of inspection and detection shall be applied to handle such violations.

3. For violations detected through inspections from the date this Decree takes effect, this Decree shall be applied to handle such violations.

Article 66. Responsibility for Implementation

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

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