Nghị định 104/2011/ND-CP

DECREE

ON THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN PETROL AND OIL TRADING

THE GOVERNMENT

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

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations; and the April 2, 2008 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations;

At the proposal of the Minister of Industry and Trade,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree specifies administrative violations, sanctioning forms and levels, remedial measures, competence and procedures for sanctioning administrative violations in petrol and oil trading.

2. Administrative violations in petrol and oil trading are acts intentionally or unintentionally committed by individuals and organizations in violation of regulations on state management of petrol and oil trading, which do not constitute crimes and shall be administratively sanctioned under this Decree.

3. Other administrative violations in petrol and oil trading which are not specified in this Decree shall be handled under regulations on sanctioning of administrative violations in relevant fields.

Article 2. Subjects of application

1. Vietnamese individuals and organizations that commit administrative violations in petrol and oil trading in the territory of the Socialist Republic of Vietnam.

2. Foreign individuals and organizations that commit administrative violations in petrol and oil trading in the territory of the Socialist Republic of Vietnam, unless otherwise provided by treaties to which Vietnam is a contracting party.

Article 3. Sanctioning forms and remedial measures

1. For each act of administrative violation in petrol and oil trading, a violator is subject to either of the following principal sanctioning forms:

a/ Warning;

b/ Fine.

2. Depending on the nature and severity of their violations, administrative violators may be subject to either or both of the following additional sanctioning forms:

a/ Deprivation of the right to use certificates of eligibility for petrol and oil trading or petrol and oil import or export licenses;

b/ Confiscation of physical evidence and means used in administrative violations.

3. Depending on the nature and severity of their violations, administrative violators may be subject to one or several of the remedial measures specified in Chapter II of this Decree.

Article 4. Application of regulations on sanctioning of administrative violations

Principles of sanctioning administrative violations; extenuating circumstances and aggravating circumstances; statute of limitations for sanctioning administrative violations; duration upon the expiration of which an organization or a person is regarded as having never been administratively handled; application of sanctioning forms and remedial measures; and responsibilities of competent persons for handling administrative violations in petrol and oil trading comply with the 2002 Ordinance on Handling of Administrative Violations, which was revised in 2008, and the Government's Decree No. 128/2008/ND-CP of December 16, 2008, detailing a number of articles of the 2002 and 2008 Ordinances.

Chapter II

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS AND LEVELS

Section 1: VIOLATIONS OF REGULATIONS ON PETROL AND OIL IMPORT OR EXPORT LICENSES OR CERTIFICATES OF ELIGIBILITY FOR PETROL AND OIL TRADING

Article 5. Violations in the use of petrol and oil import or export licenses

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following violations:

a/ Importing or exporting petrol and oil with an expired petrol and oil import or export license;

b/ Erasing or modifying a petrol and oil import or export license;

c/ Leasing, lending, renting or borrowing a petrol and oil import or export license;

d/ Forging a petrol and oil import or export license or using a forged one.

2. Additional sanctioning forms:

a/ Deprivation of the right to use a petrol and oil import or export license for up to 12 months, for the violations specified at Points b and c, Clause 1 of this Article;

b/ Deprivation of the right to use a petrol and oil import or export license for more than 12 months, for the violations specified at Points b and c, Clause 1 of this Article, in case of repeated violation commission or recidivism;

c/ Confiscation of forged petrol and oil import or export licenses, for the violations specified at Point d, Clause 1 of this Article.

Article 6. Violations in the use of certificates of eligibility for petrol and oil trading

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following violations:

a/ Erasing or modifying a certificate of eligibility for petrol and oil trading;

b/ Leasing, lending, renting or borrowing a certificate of eligibility for petrol and oil trading;

c/ Forging or a certificate of eligibility for petrol and oil trading or using a forged one.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following violations:

a/ Trading in petrol and oil with an expired certificate of eligibility for petrol and oil trading or after having the right to use a certificate of eligibility for petrol and oil trading deprived of or having such certificate revoked;

b/ Trading in petrol and oil without certificate of eligibility for petrol and oil trading.

3. Additional sanctioning forms:

a/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for up to 12 months, for the violations specified at Points a and b, Clause 1 of this Article;

b/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for more than 12 months, for the violations specified at Points a and b, Clause 1 of this Article, in case of repeated violation commission or recidivism;

c/ Confiscation of forged certificates of eligibility for petrol and oil trading, for the violations specified at Point c, Clause 1 of this Article.

Section 2: VIOLATIONS OF REGULATIONS ON PETROL AND OIL TRADING CONDITIONS

Article 7. Violations of regulations on petrol and oil import or export conditions

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for importing or exporting petrol and oil with an enterprise registration certificate containing no petrol and oil trading registration.

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on petrol and oil importers or exporters for one of the following violations:

a/ Having a pier which fails to satisfy prescribed requirements;

b/ Having a depot for imported petrol and oil which fails to satisfy prescribed requirements;

c/ Having petrol and oil transportation vehicles or vessels which fail to satisfy prescribed requirements;

d/ Having a petrol and oil distribution system which fails to satisfy prescribed requirements;

e/ Having jet fuel filling equipment which fails to satisfy prescribed requirements.

3. A fine of between VND 40,000,000 and 50,000,000 shall be imposed on petrol and oil importers or exporters for one of the following violations:

a/ Having no special-use pier;

b/ Having no depot for imported petrol and oil;

c/ Having no special-use petrol and oil transportation vehicles and vessels;

d/ Having no petrol and oil distribution system;

e/ Having no jet fuel filling equipment.

4. Additional sanctioning forms:

a/ Deprivation of the right to use a petrol and oil import or export license for up to 12 months, for the violations specified in Clauses 2 and 3 of this Article;

b/ Deprivation of the right to use a petrol and oil import or export license for more than 12 months, for the violations specified in Clauses 2 and 3 of this Article, in case of repeated violation commission or recidivism.

5. Remedial measure:

Forcible compliance with regulations on petrol and oil import or export conditions, for the violations specified in this Article.

Article 8. Violations of regulations on petrol and oil production conditions

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for producing petrol and oil with an enterprise registration certificate containing no petrol and oil trading registration.

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on petrol and oil producers for one of the following violations:

a/ Producing petrol and oil beyond the approved master plan;

b/ Having a testing or measuring laboratory which is incapable of inspecting quality of produced petrol and oil under regulations.

3. A fine of between VND 40,000,000 and 50,000,000 shall be imposed on petrol and oil producers for one of the following violations:

a/ Producing petrol and oil without an investment license granted by competent authorities;

b/ Having no testing or measuring laboratory to inspect quality of produced petrol and oil under regulations.

4. Remedial measure:

Forcible compliance with regulations on petrol and oil production conditions, for the violations specified in this Article.

Article 9. Violations of regulations on trading conditions of petrol and oil trading general agents

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on petrol and oil trading general agents for one of the following violations:

a/ Trading in petrol and oil with an enterprise registration certificate containing no petrol and oil trading registration;

b/ Failing to provide professional training in fire prevention and fighting and environmental protection under regulations for managers and employees directly engaged in petrol and oil trading.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on petrol and oil trading general agents for one of the following violations:

a/ Having petrol and oil depots or tanks which fail to satisfy prescribed requirements;

b/ Having a petrol and oil distribution system which fails to satisfy prescribed requirements;

c/ Having petrol and oil transportation vehicles and vessels which fail to satisfy prescribed requirements.

3. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on petrol and oil trading general agents for one of the following violations:

a/ Having no petrol and oil depot or tank;

b/ Having no petrol and oil distribution system;

c/ Having no special-use petrol and oil transportation vehicle or vessel.

4. Remedial measure:

Forcible compliance with regulations on trading conditions of petrol and oil trading general agents, for the violations specified in this Article.

Article 10. Violations of regulations on trading conditions of petrol and oil retail agents

1. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on petrol and oil retail agents for one of the following violations:

a/ Trading in petrol and oil with an enterprise registration certificate containing no petrol and oil trading registration;

b/ Failing to provide professional training in fire prevention and fighting and environmental protection under regulations for managers and employees directly engaged in petrol and oil trading.

2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on petrol and oil retail agents having no petrol and oil retail stores as required.

3. Remedial measure:

Forcible compliance with regulations on trading conditions of petrol and oil retail agents, for the violations specified in this Article.

Article 11. Violations of regulations on trading conditions of petrol and oil retail stores

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for failure to provide professional training in fire prevention and fighting and environmental protection under regulations for managers and employees directly engaged in petrol and oil trading.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following violations:

a/ Locating a petrol and oil retail store not in the location indicated in the certificate of eligibility for petrol and oil trading;

b/ Having insufficient or substandard equipment in a petrol and oil retail store as required.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following violations:

a/ Locating a petrol and oil retail store not in line with the approved master plan;

b/ Having no equipment in a petrol and oil retail store as required.

4. Additional sanctioning forms:

a/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for up to 12 months, for the violations specified in Clauses 2 and 3 of this Article;

b/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for more than 12 months, for the violations specified in Clauses 2 and 3 of this Article, in case of repeated violation commission or recidivism.

5. Remedial measures:

a/ Forcible dismantlement of petrol and oil retail stores, for the violations specified at Point a, Clause 2 and Point a, Clause 3 of this Article;

b/ Forcible compliance with regulations on petrol and oil trading conditions, for the violations specified in this Article.

Article 12. Violations of regulations on conditions for petrol and oil service provision

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on enterprises providing petrol and oil transportation services or leasing ports or depots for petrol and oil receipt for one of the following violations:

a/ Providing petrol and oil transportation services or leasing ports or depots for petrol and oil receipt with an enterprise registration certificate containing no petrol and oil trading registration;

b/ Failing to provide professional training in fire prevention and fighting and environmental protection under regulations for managers and employees directly engaged in petrol and oil trading or those directly using means of transport.

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following violations:

a/ Having piers or depots not satisfying set requirements, for enterprises leasing ports or depots for petrol and oil receipt;

b/ Having means of transport not satisfying set requirements, for enterprises providing petrol and oil transportation services.

3. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for one of the following violations:

a/ Having no special-use pier or depot, for enterprises leasing ports or depots for petrol and oil receipt;

b/ Having no special-use means of transport for petrol and oil, for enterprises providing petrol arid oil transportation services.

4. Remedial measure:

Forcible compliance with regulations on conditions for petrol and oil service provision, for the violations specified in this Article.

Section 3: VIOLATIONS OF REGULATIONS ON PETROL AND OIL SELLING PRICES

Article 13. Violations of regulations on petrol and oil price display and retail prices

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following violations:

a/ Failing to display petrol and oil retail prices or displaying petrol and oil retail prices improperly or unclearly, causing confusion to customers;

b/ Selling petrol and oil not at displayed prices set by wholesale traders.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for acts of adjusting petrol and oil retail prices not at points of time prescribed by wholesale traders.

3. Additional sanctioning forms:

a/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for up to 12 months, for the violations specified at Point b, Clause 1, and in Clause 2 of this Article;

b/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for more than 12 months, for the violations specified at Point a, Clause 1, and in Clause 2 of this Article, in case of repeated violation commission or recidivism during the period of price stabilization.

4. Remedial measures:

a/ Forcible display of prices under regulations, for the violations specified at Points a, Clause 1 of this Article;

b/ Forcible refund to the state budget of illegal profits earned from the commission of administration violations, for the violations specified at Point b, Clause 1, and in Clause 2 of this Article.

Article 14. Violations of the procedures for adjusting petrol and oil retail prices of wholesale traders

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on wholesale traders for one of the following violations:

a/ Failing to send price decisions and plans to competent state agencies upon increasing or reducing petrol and oil retail prices;

b/ Failing to notify or send decisions on increased or reduced petrol and oil retail prices to units in the petrol and oil distribution system before these prices become effective for application.

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on wholesale traders for failing to comply with regulations on the price adjustment level and the minimum interval between two consecutive price adjustments when increasing petrol and oil retail prices or the maximum interval between two consecutive price adjustments when reducing petrol and oil retail prices.

3. Additional sanctioning forms:

a/ Deprivation of the right to use a petrol and oil import or export license for up to 12 months, for the violations specified in Clause 2 of this Article;

b/ Deprivation of the right to use a petrol and oil import or export license for more than 12 months, for the violations specified in Clause 2 of this Article, in case of repeated violation commission or recidivism during the period of price stabilization.

4. Remedial measures:

a/ Forcible compliance with regulations on adjustment of petrol and oil retail prices, for the violations specified in Clauses 1 and 2 of this Article;

b/ Forcible refund to the state budget of illegal profits earned from the commission of administrative violations, for the violations specified in Clause 2 of this Article.

Section 4: VIOLATIONS OF REGULATIONS ON PETROL AND OIL MEASUREMENT AND QUALITY CONTROL

Article 15. Violations of regulations on use of measuring devices in petrol and oil trading

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following violations:

a/ Using an expired inspection certificate, seal or stamp for a petrol and oil measuring device;

b/ Using an erased, modified or forged inspection certificate.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following violations:

a/ Removing a seal, lead seal, inspection seal or stamp on a measuring device without notifying such to a competent agency under regulations;

b/ Changing the technical state and measuring characteristics of a measuring device by impacting, adjusting, repairing, replacing, adding details to or pulling out details from a measuring device or using other equipment to correct errors of a measuring device in excess of the permitted limit;

c/ Using an erroneous or broken measuring device or using measuring device not in compliance with regulations on petrol and oil measurement;

d/ Using a petrol and oil measuring device without an inspection certificate, seal or stamp under regulations;

e/ Failing to inspect measuring devices within the prescribed time limit at the request of a competent agency;

f/ Committing another measurement fraud in selling petrol and oil.

3. Additional sanctioning measures:

a/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for up to 12 months, for the violations specified in Clause 2 of this Article;

b/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for more than 12 months, for the violations specified in Clause 2 of this Article, in case of repeated violation commission or recidivism during the period of price stabilization;

c/ Revocation of an inspection certificate, for the violations specified at Point c, Clause 1, and Points b and c, Clause 2 of this Article;

d/ Confiscation of measuring devices and other equipment, for the violations specified at Points b and c, Clause 2 of this Article.

4. Remedial measures:

a/ Forcible termination of use of violating measuring devices and forcible inspection of measuring devices before being used, for the violations specified at Point a, Clause 1, and Points a, d, e and f, Clause 2 of this Article;

b/ Forcible refund to the state budget of illegal profits earned from the commission of administrative violations, for the violations specified at Points b, c and f, Clause 2 of this Article.

Article 16. Violations of regulations on quality of petrol and oil in market circulation

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on petrol and oil general agents, agents or retail stores for putting into circulation petrol and oil of quality unconformable with national technical regulations or standards announced for application.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following violations:

a/ Putting into circulation petrol and oil without obtaining a certificate of conformity with national technical regulations or of quality not up to standards announced for application, for petrol and oil producers;

b/ Putting into circulation petrol and oil of quality unconformable with national technical regulations or standards announced for application, for petrol and oil importers;

c/ Changing or committing a fraud in petrol and oil quality in the course of service provision, for petrol and oil service providers.

3. Additional sanctioning forms:

a/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading or a petrol and oil import or export license for up to 12 months, for the violations specified in Clause 1, and at Points a and b, Clause 2 of this Article;

b/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading or a petrol and oil import or export license for more than 12 months, for the violations specified in Clause 1, and at Points a and b, Clause 2 of this Article, in case of repeated violation commission or recidivism during the period of price stabilization.

4. Remedial measures:

a/ Forcible termination of circulation of petrol and oil without certificates of conformity with national technical regulations or of inferior-quality petrol and oil, for the violations specified in this Article;

b/ Forcible recall of petrol and oil volumes without certificates of conformity with national technical regulations or of inferior-quality petrol and oil volumes currently in market circulation, for the violations specified in this Article;

c/ Forcible change of use purposes or forcible reprocessing of petrol and oil of quality unconformable with national technical regulations or standards announced for application, for the violations specified in this Article;

d/ Forcible re-export or destruction of petrol and oil of quality unconformable with national technical regulations or standards announced for application, in case it is impossible to apply the measure specified at Point c, Clause 4 of this Article or for petrol and oil harmful to health, safety and the environment.

Section 5: VIOLATIONS OF OTHER REGULATIONS ON PETROL AND OIL TRADING

Article 17. Violations of regulations on registration of distribution systems

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on petrol and oil retail agents for one of the following violations:

a/ Failing to register the distribution system with a competent state management agency under regulations;

b/ Committing a fraud in the declaration and registration of a distribution system.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on petrol and oil general agents for one of the following violations:

a/ Failing to register the distribution system with a competent state management agency under regulations;

b/ Committing a fraud in the declaration and registration of a distribution system.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on petrol and oil producers having a distribution system or petrol and oil importers or exporters for one of the following violations:

a/ Failing to register the distribution system with a competent state management agency under regulations;

b/ Committing a fraud in the declaration and registration of a distribution system.

4. Additional sanctioning form:

Deprivation of the right to use a certificate of eligibility for petrol and oil trading or a petrol and oil import or export license for up to 12 months, for the violations specified in this Article, in case of repeated violation commission or recidivism.

5. Remedial measure:

Forcible compliance with regulations on registration of distribution systems, for the violations specified in this Article.

Article 18. Violations of regulations on petrol and oil sellers and buyers

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on petrol and oil general agents, agents or retail stores for trading in petrol and oil with entities outside their distribution systems, except the case of selling petrol and oil directly to consumers.

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on wholesale traders for selling petrol and oil to entities outside their distribution systems, except the case of selling petrol and oil directly to industrial production households and other wholesale traders.

3. Additional sanctioning forms:

a/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading or a petrol and oil import or export license for up to 12 months, for the violations specified in this Article;

b/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading or a petrol and oil import or export license for more than 12 months, for the violations specified in this Article, in case of repeated violation commission or recidivism during the period of price stabilization.

4. Remedial measure:

Forcible compliance with regulations on petrol and oil sellers and buyers, for the violations specified in this Article.

Article 19. Violations of regulations on petrol and oil trading general agency and agency

1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on petrol and oil retail agents for acting as retail agents for general agents or wholesale traders in excess of the prescribed number of general agents or whole traders.

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on petrol and oil trading general agents for acting as general agents for wholesale trades in excess of the prescribed number of wholesale traders.

3. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for one of the following violations:

a/ Having petrol and oil general agents or agents without entering into petrol and oil trading agency contracts under regulations, for wholesale traders;

b/ Acting as petrol and oil trading general agents or agents without entering into petrol and oil trading agency contracts under regulations, for enterprises.

4. A fine of between VND 50,000,000 and 60,000,000 shall be imposed on wholesale traders for entering into petrol and oil trading general agency or agency contracts with enterprises unqualified for acting as petrol and oil trading general agents or agents under regulations.

5. Remedial measure:

Forcible compliance with regulations on petrol and oil general agents and retail agents, for the violations specified in this Article.

Article 20. Violations of regulations on petrol and oil transshipment or ship-to-ship transfer

1. A fine of between VND 50,000,000 and 60,000,000 shall be imposed on petrol and oil general agents or retail agents for conducting transshipment or ship-to-ship transfer of petrol and oil not at prescribed places.

2. A fine of between VND 60,000,000 and 70,000,000 shall be imposed on wholesale traders for conducting transshipment or ship-to-ship transfer of petrol and oil not at prescribed places.

3. Remedial measure:

Forcible conduct of transshipment or ship-to-ship transfer of petrol and oil at prescribed places, for the violations specified in this Article.

Article 21. Violations of regulations on production, import, export, temporary import for re-export, border gate-to-border gate transfer, export processing of petrol, oil and their production materials

1. A fine of between VND 40,000,000 and 50,000,000 shall be imposed on:

a/ Petrol and oil producers for exporting petrol and oil which they do not produce or process for export;

b/ Enterprises other than petrol and oil producers for processing petrol and oil for export.

2. A fine of between VND 50,000,000 and 60,000,000 shall be imposed for importing, exporting, temporarily importing for re-export, transferring from border-gate to border-gate petrol, oil and their production materials without a petrol and oil import or export license under regulations or after the deprivation of the right to use such license or the revocation of such license.

3. A fine of between VND 60,000,000 and 70,000,000 shall be imposed on wholesale traders for one of the following violations:

a/ Importing petrol and oil of quantities and categories lower than the minimum quota and categories annually assigned by competent state management agencies;

b/ Producing petrol and oil of quantities lower than those indicated in registered plans annually certified by competent state management agencies;

c/ Importing petrol and oil production materials beyond plans registered with competent state management agencies.

4. Additional sanctioning forms:

a/ Deprivation of the right to use a petrol and oil import or export license for up to 12 months, for the violations specified at Points a and c, Clause 3 of this Article;

b/ Deprivation of the right to use a petrol and oil import or export license for more than 12 months, for the violations specified at Points a and c, Clause 3 of this Article, in case of repeated violation commission or recidivism during the period of price stabilization.

5. Remedial measure:

Forcible strict implementation of petrol and oil production plans, import quotas or petrol and oil production material import plans under regulations, for the violations specified in Clause 3 of this Article.

Article 22. Violations of regulations on reserve of petrol, oil and their production materials

1. A fine of between VND 50,000,000 and 60,000,000 shall be imposed on petrol and oil producers for one of the following violations:

a/ Maintaining a petrol and oil production material reserve level lower than the minimum level indicated in a plan registered with a competent state management agency;

b/ Maintaining a petrol and oil circulation reserve level lower than the prescribed minimum level, for those having market distribution systems.

2. A fine of between VND 60,000,000 and 70,000,000 shall be imposed on petrol and oil importers or exporters for maintaining a petrol and oil circulation reserve level lower than the prescribed minimum level.

3. Additional sanctioning forms:

a/ Deprivation of the right to use a petrol and oil import or export license for up to 12 months, for the violations specified at Point b, Clause 1, and in Clause 2 of this Article;

b/ Deprivation of the right to use a petrol and oil import or export license for more than 12 months, for the violations specified at Point b, Clause 1, and in Clause 2 of this Article, in case of repeated violation commission or recidivism during the period of price stabilization.

4. Remedial measure:

Forcible compliance with regulations on petrol and oil circulation reserve or petrol and oil production material reserve, for the violations specified in this Article.

Article 23. Violations of regulations on signboards

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on petrol and oil retail stores for failing to write names or writing incorrect names of wholesale traders that are their agency principals on their signboards.

2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on wholesale traders for failing to uniformly stipulate the writing of their names on signboards of petrol and oil retail stores in their distribution systems.

3. Remedial measure:

Forcible compliance with regulations on display of wholesale traders on signboards of their petrol and oil retail stores, for the violations specified in this Article.

Article 24. Violations of regulations on sale of petrol and oil

1. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on petrol and oil retail stores for one of the following violations:

a/ Failing to display the selling time at their sale places;

b/ Displaying the selling time unclearly or at hard-to-see places.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on petrol and oil retail stores for one of the following violations:

a/ Reducing the selling time currently displayed or applied without a plausible reason;

b/ Failing to sell, or stopping the sale of petrol and oil without a plausible reason;

c/ Reducing petrol and oil volumes to be sold compared to previously sold ones without a plausible reason.

3. A fine of between VND 40,000,000 and 50,000,000 shall be imposed on general agents or wholesale traders for reducing petrol and oil volumes to be sold compared to previously sold ones without a plausible reason.

4. Additional sanctioning forms:

a/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading or a petrol and oil import or export license for up to 12 months, for the violations specified in Clauses 2 and 3 of this Article;

b/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading or a petrol and oil import or export license for more than 12 months, for the violations specified in Clauses 2 and 3 of this Article, in case of repeated violation commission or recidivism during the period of price stabilization.

5. Remedial measure:

Forcible compliance with regulations on sale of petrol and oil, for the violations specified in this Article.

Article 25. Violations of regulations on cross-border petrol and oil transportation, trading or exchange

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for transporting, trading in or exchanging petrol and oil cross the border in contravention of regulations, which involves a petrol and oil value of up to VND 10,000,000.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for a violation specified in Clause 1 of this Article and involving a petrol and oil value of between over VND 10,000,000 and 30,000,000.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for a violation specified in Clause 1 of this Article and involving a petrol and oil value of between over VND 30,000,000 and 50,000,000.

4. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for a violation specified in Clause 1 of this Article and involving a petrol and oil value of between over VND 50,000,000 and 70,000,000.

5. A fine of between VND 40,000,000 and 60,000,000 shall be imposed for a violation specified in Clause 1 of this Article and involving a petrol and oil value of between over VND 70,000,000 and under 100,000,000.

6. A fine of between VND 60,000,000 and 70,000,000 shall be imposed for a violation specified in Clause 1 of this Article, involving a petrol and oil value of VND 100,000,000 or more and not subject to penal liability examination.

7. Additional sanctioning forms:

a/ Confiscation of petrol and oil, for the violations specified in this Article;

b/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading or a petrol and oil import or export license for up to 12 months, for the violations specified in this Article;

c/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading or a petrol and oil import or export license for more than 12 months, for the violations specified in this Article, in case of repeated violation commission or recidivism.

d/ Confiscation of vehicles and vessels for petrol and oil transportation, for the violations specified in this Article, in case the violating goods value is VND 100,000,000 or more, repeated violation commission or recidivism or violation during the price stabilization period, use of number plates not registered for these vehicles or vessels or number plates not granted by competent state management agencies, modification of these vehicles or vessels for transportation of violating goods, avoiding or obstructing persons on official duty, except the cases specified in the 2002 Ordinance on Handling of Administrative Violations, and Clause 2, Article 12 of the Government's Decree No. 128/2008/ND-CP of December 16, 2008, detailing a number of articles of the 2002 Ordinance and the 2008 Amending a Number of Articles of the 2002 Ordinance.

Article 26. Violations of regulations on trading in smuggled petrol and oil

Trading in smuggled petrol and oil shall be sanctioned under Article 22 of the Government's Decree No. 06/2008/ND-CP of January 16, 2008, on sanctioning of administrative violations in commercial activities, which was amended under the Government's Decree No. 112/2010/ND-CP of December 1,2010.

Article 27. Violations of regulations on management of petrol and oil trading in border areas

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations involving a petrol and oil value of up to VND 10,000,000:

a/ Transporting petrol and oil into a border area in contravention of regulations;

b/ Trading in or exchanging petrol and oil at sea with foreign ships, boats or fishing vessels.

2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for a violation specified in Clause 1 of this Article and involving a petrol and oil value of between over VND 10,000,000 and 30,000,000.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for a violation specified in Clause 1 of this Article and involving a petrol and oil value of between over VND 30,000,000 and 50,000,000.

4. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for a violation specified in Clause 1 of this Article and involving a petrol and oil value of between over VND 50,000,000 and 70,000,000.

5. A fine of between VND 40,000,000 and 60,000,000 shall be imposed for a violation specified in Clause 1 of this Article and involving a petrol and oil value of between over VND 70,000,000 and 100,000,000.

6. A fine of between VND 60,000,000 and 70,000,000 shall be imposed for a violation specified in Clause 1 of this Article, involving a petrol and oil value of VND 100,000,000 or more and not subject to penal liability examination.

7. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on petrol and oil retail stores in border areas for one of the violations of the regulation on management of petrol and oil trading in border areas promulgated by the Ministry of Industry and Trade which are not specified in this Decree.

8. Additional sanctioning forms:

a/ Confiscation of petrol and oil, for the violations specified in this Article;

b/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for up to 12 months, for petrol and oil retail stores committing the violations specified in this Article;

c/ Deprivation of the right to use a certificate of eligibility for petrol and oil trading for more than 12 months, for petrol and oil retail stores committing the violations specified in this Article, in case of repeated violation commission or recidivism or violation in the price stabilization period.

9. Remedial measure:

Forcible compliance with regulations on management of petrol and oil trading in border areas, for the violations specified in this Article.

Chapter III

COMPETENCE AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS IN PETROL AND OIL TRADING

Article 28. Competence of People's Committees to sanction administrative violations

Chairpersons of People's Committees at all levels may sanction administrative violations in petrol and oil trading specified in this Decree according to the competence provided in the 2002 Ordinance on Handling of Administrative Violations, which was amended in 2008.

Article 29. Competence of the market management agency to sanction administrative violations

1. Competent persons of the market management agency defined in the 2002 Ordinance on Handling of Administrative Violations may sanction administrative violations in petrol and oil trading specified in this Decree.

2. Competence of heads of market management teams to sanction administrative violations under Clause 1 of this Article:

a/ To serve warnings;

b/ To impose fines of up to VND 5,000,000;

c/ To confiscate physical evidence and means used for commission of administrative violations, which are valued up to VND 30,000,000;

d/ To compel the application of measures to remedy consequences of administrative violations specified in this Decree.

3. Competence of directors of market management sub-departments to sanction administrative violations under Clause 1 of this Article:

a/ To serve warnings;

b/ To impose fines of up to VND 20,000,000;

c/ To deprive of the right to use certificates of eligibility for petrol and oil trading;

d/ To confiscate physical evidence and means used for commission of administrative violations;

e/ To compel the application of measures to remedy consequences of administrative violations specified in this Decree.

4. Competence of the director of the Market Management Department to sanction administrative violations under Clause 1 of this Article:

a/ To serve warnings;

b/ To impose fines of up to VND 70,000,000;

c/ To deprive of the right to use certificates of eligibility for petrol and oil trading or petrol and oil import or export licenses;

d/ To confiscate physical evidence and means used for commission of administrative violations;

e/ To compel the application of measures to remedy consequences of administrative violations specified in this Decree.

Article 30. Competence of the police, customs, border guards, marine police and specialized inspectorates to sanction administrative violations

Persons with the administrative violation sanctioning competence of the police, customs, border guards, marine police and specialized inspectorates may sanction administrative violations in petrol and oil trading specified in this Decree which are committed in localities or sectors under their management according to the competence provided in the 2002 Ordinance on Handling of Administrative Violations, which was amended in 2008.

Article 31. Principles of determining sanctioning competence and authorized sanctioning of administrative violations in petrol and oil trading

The principles of determining sanctioning competence and authorized sanctioning of administrative violations in petrol and oil trading comply with the 2002 Ordinance on Handling of Administrative Violations, which was amended in 2008, and the Government's Decree No. 128/2008/ND-CP of December 16, 2008, detailing the implementation of a number of articles of the 2002 Ordinance and the 2008 Ordinance Amending and Supplementing a Number of Articles of the 2002 Ordinance.

Article 32. Procedures for sanctioning administrative violations and executing sanctioning decisions and other provisions concerning the sanctioning of administrative violations in petrol and oil trading

The procedures for sanctioning administrative violations and executing sanctioning decisions and other provisions concerning the sanctioning of administrative violations in petrol and oil trading comply with the 2002 Ordinance on Handling of Administrative Violations, which was amended in 2008, and the Government's Decree No. 128/ 2008/ND-CP of December 16, 2008, detailing the implementation of a number of articles of the 2002 Ordinance and the 2008 Ordinance Amending and Supplementing a Number of Articles of the 2002 Ordinance.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 33. Effect

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

2. To annul Article 10 of the Government's Decree No. 107/2008/ND-CP of September 22, 2008, on administrative sanctioning of goods speculation and hoarding, excessive price hiking, rumor spreading, smuggling and trade frauds.

Article 34. Implementation responsibility

1. The Minister of Industry and Trade shall guide and organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree.-