Nghị định 105/2011/ND-CP

DECREE

PRESCRIBING SANTIONS FOR ADMINISTRATIVE VIOLATIONS OF LIQUEFIED PETROLEUM GAS BUSINESS

THE GOVERNMENT

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

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

Pursuant to the Ordinance on Handling administrative violations of July 02, 2002; the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations of April 02, 2008;

At the proposal of the Minister of Industry and Trade

DECREE

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree defines acts of administrative violations, forms of administrative violations, fine rates, remedial measures, authority and procedures for imposing sanctions for administrative violations of liquefied petroleum gas business (hereinafter referred to as LPG).

2. Acts of administrative violations of LPG business are acts deliberately or unintentionally committed by organizations, individuals violating state management provisions on LPG business which do not constitute crimes and being administratively sanctioned as prescribed in this Decree.

3. Other administrative violations of LPG business not being prescribed in this Decree, the law provisions on handling administrative violations of relevant areas shall apply.

Article 2. Subjects of application

1. Vietnamese organizations, individuals committing acts of administrative violations of LPG business within The Socialist Republic of Vietnam’s territory.

2. Foreign organizations, individuals committing acts of administrative violations of LPG business within The Socialist Republic of Vietnam’s territory except for the case the international Treaties in which Vietnam is a contracting party prescribe otherwise.

Article 3. Forms of sanctions for administrative violations and remedial measures

1. Acts of administrative violations of LPG business shall be subject to one of the primary forms of sanctions as follows:

a) Warning;

b) Fines.

2. Depending on the natures and extent of the acts of violations, organizations and individuals committing administrative violations of LPG business might be subject to one of the additional forms of sanctions as follows:

a) Withdrawing the Qualification certificate of LPG business, Qualification certificate of LPG bottling, Qualification certificate of LPG car charging, Technical qualification certificate of LPG production and processing, Qualification certificate of LGP supply, Qualification certificate of LPG bottle production and repairs, Qualification certificate of LPG bottle inspection;

b) Confiscating exhibits and means of administrative violations. For confiscated LPG bottles under the provisions of this Decree but required to be returned to the owners under the law provisions, the law provisions shall prevail.

3. Depending on the natures and extent of violations, organizations and individuals committing administrative violations of LPG business might also be subject to measures to alleviate consequences particularly prescribed in Chapter II of this Decree.

Article 4. Applying the provisions on sanctions for administrative violations

Principles of sanctions for administrative violations; mitigating circumstances, aggravating circumstances; statute of limitations of administrative violations sanctions, time limits considered not administratively sanctioned; the application of forms of sanctions for administrative violations and remedial measures; responsibilities of individuals competent to sanction against administrative violations of LPG business shall be implemented as prescribed in the Ordinance on Handling administrative violations 2002, amended and supplemented in 2008 and the Government's Decree No. 128/2008/ND-CP detailing the implementation of a number of articles of the Ordinance on Handling administrative violations 2002 and the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations promulgated in 2008.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATIONS, FORMS OF SACTIONS AND FINE RATES

SECTION 1. VIOLATIONS OF PROVISIONS ON CONDITIONS FOR LPG BUSINESS

Article 5. Violations of conditions for LPG export and import

1. Fines of from 10,000,000 VND to 20,000,000 VND for exporting and importing LPG while the Enterprise registration certificate does not apply for LPG export and import.

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

a) Failing to have sufficient quantity of LPG bottles of all kinds in the trader’s possession as prescribed

b) LPG bottles are inconsistent with the brand name under the protection registration;

c) The capacity of the tank in the depot receiving LPG from ships or other means of transport is lower than the prescribed minimum volume;

d) The general agent and agents in the LPG distribution system not satisfying the conditions for business as prescribed.

3. Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts of violations:

a) Failing to have LPG bottling stations or the charging station is not issued with the Qualification certificate of LPG bottling as prescribed;

b) The LPG distribution system has no outlet or LPG car charging station or LPG supply station as prescribed;

c) Failing to have or having inadequate quantity of LPG general agents and agents as prescribed;

d) Failing to have wharves or having illegitimate wharves;

dd) Failing to have depots to receive imported LPG from ships or other means of transport.

4. Remedial measures:

Being compelled to implement the provisions on conditions for LPG export and import regarding violations prescribed this Article.

Article 6. Violations of LPG production and processing

1. Fines of from 10,000,000 VND to 20,000,000 VND for producing and processing LPG while the Enterprise registration certificate does not apply for LPG production and processing.

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

a) The LPG producing and processing establishment is built inconsistently with the planning or not approved by competent authorities;

b) The LPG depot is built inconsistently with the planning or not satisfying current technical regulations;

c) The LPG depot capacity is lower than the prescribed minimum volume;

d) The test lab is not capable for LPG quality inspection as prescribed.

3. Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts of violations:

a) Failing to have the Technical qualification certificate of LPG production and processing

b) Failing to have the test lab;

c) Failing to have the LPG depot.

4. Additional forms of sanctions:

a) Withdrawing the Technical qualification certificate of LPG production and processing up to 12 months regarding the violations prescribed in clause 2, point b and c clause 3 this Article;

b) Withdrawing the Technical qualification certificate of LPG production and processing over 12 months regarding repeated violations prescribed in clause 2, point b and c clause 3 this Article.

5. Remedial measures:

Being compelled to implement the provisions on conditions for LPG production and processing regarding violations prescribed this Article.

Article 7. Violations of conditions for level I distributors

1. Fines of from 10,000,000 VND to 20,000,000 VND for acts of distributing LPG while the Enterprise registration certificate does not apply for LPG business.

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

a) The LPG depot capacity is lower than the prescribed minimum volume;

b) The LPG depot is built inconsistently with the planning or not satisfying the current technical regulations.

c) The depot is not in possession or not in co-possession as prescribed;

d) Having inadequate minimum LPG bottle quantity as prescribed;

dd) The LPG bottles are inconsistent with the brand name under the protection registration;

e) Bottled LPG stores, LPG supply stations, LPG charging station for cars, LPG general agents and LPG agents in the system do not satisfy the prescribed conditions.

3. Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts of violations:

a) Failing to have the LPG distribution system as prescribed;

b) Having LPG distribution system but Failing to have bottled LPG stores or LPG supply stations or LPG charging stations for cars or having inadequate minimum quantity of LPG general agents and LPG agents as prescribed;

c) Failing to have the LPG depot;

d) Failing to have the LPG bottling station or the LPG bottling station is not issued with the Qualification certificate of LPG bottling.

4. Remedial measures

Being compelled to implement the provisions on conditions for level I distributors regarding violations prescribed this Article.

Article 8. Violations of conditions for LPG general agents

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

a) Conducting LPG business while the Enterprise registration certificate does not apply for LPG agents.

b) Having LPG bottles and bottled LPG depots not satisfying the technical regulations or the prescribed minimum capacity;

c) The LPG distribution system does not have bottled LPG stores or LPG charging stations for cars as prescribed;

d) The LPG distribution system does not have adequate quantity of agents or there are agents not satisfying the prescribed conditions;

dd) Signing agent contracts with wholesale LPG traders not satisfying the prescribed conditions;

e) Failing to have the agent contract with wholesale LPG traders as prescribed.

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

a) Failing to have the LPG bottle and bottled LPG depot;

b) Failing to have the LPG distribution system.

3. Remedial measures:

Being compelled to implement the provisions on conditions for LPG general agents regarding violations prescribed this Article.

Article 9. Violations of conditions for LPG agents

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

a) Conducting LPG business while the Enterprise registration certificate or Business household registration certificate does not apply for LPG agent.

b) Having bottled LPG stores or LPG charging stations for cars without Qualification certificate of fire regulations as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Failing to have bottled LPG stores or LPG charging stations for cars;

b) Failing to have agent contracts with wholesale LPG traders or general agents as prescribed.

c) Having agent contracts with wholesale LPG traders or general agents not satisfying the prescribed conditions.

3. Remedial measures:

Being compelled to implement the provisions on conditions for LPG agents regarding violations prescribed this Article.

Article 10. Violations of conditions for bottled LPG stores

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

a) Conducting LPG business while the Enterprise registration certificate or Business household registration certificate does not apply for selling bottled LPG;

b) Failing to have the Qualification certificate of fire regulations as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations

a) Failing to have the Qualification certificate of LPG business;

b) Failing to have the bottled LPG sale contract with agents or general agents or wholesale LPG traders as prescribed.

3. Remedial measures:

Being compelled to implement the provisions on conditions for bottled LPG stores regarding violations prescribed this Article

Article 11. Violations of conditions for LPG bottling

1. Fines of from 5,000,000 VND to 10,000,000 VND for LPG bottling stations without Qualification certificate of fire regulations as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Bottling LPG while the Enterprise registration certificate does not apply for LPG bottling;

b) Failing to have the Qualification certificate of LPG bottling;

c) The surrounding protection fence of the bottling station is not ventilated or built at a safety distance as prescribed.

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) The place at which the LPG bottling station is situated is inconsistent with the planning;

b) The project, design and construction of the LPG bottling station are not approved by competent authorities

c) Failing to have the adequate process for charging LPG in bottles and tankers, for the operation of machinery and equipment in the station, for handling problems and for safety regulations.

4. Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts of violations:

a) Bottling stations, equipment, pipelines, tanks and auxiliary equipment not complying with provisions on safety under the technical regulations;

b) Machinery and equipment subject to strict requirements for labor safety and hygiene not being registered and inspected as prescribed;

c) Failing to have the process for charging LPG in bottles and tankers, for the operation of machinery and equipment in the station, for handling problems and safety regulations.

5. Fines of from 40,000,000 VND to 50,000,000 VND for leasing, lending or renting, borrowing or forging the Qualification certificate of LPG bottling.

6. Additional forms of sanctions:

a) Confiscating the counterfeit Qualification certificate of LPG bottling regarding the violation prescribed in clause 5 this Article;

a) Withdrawing the Qualification certificate of LPG bottling up to 12 months regarding the violations prescribed in point a and b, clause 4 and 5 this Article;

c) Withdrawing the Qualification certificate of LPG bottling over 12 months regarding repeated violations prescribed in point a and b, clause 4 and 5 this Article.

7. Remedial measures:

Being compelled to implement the provisions on conditions LPG bottling stations regarding violations prescribed this Article

Article 12. Violations of conditions for LPG charging stations for cars

1. Fines of from 5,000,000 VND to 10,000,000 VND for Failing to have the Qualification certificate of fire regulations as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) The LPG charging station for cars is built inconsistently with the planning or the technical regulations;

b) The LPG charging station for cars is built without Construction license or its project, design and construction are not approved by competent authorities;

c) Failing to have the Qualification certificate of LPG car charging

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Failing to adjust or have the measuring equipment inspected as prescribed;

b) Failing to register or have the equipment subject to strict requirements for car LPG charging safety inspected as prescribed.

4. Additional forms on sanctions:

a) Withdrawing the Qualification certificate of LPG car charging up to 12 months regarding the violations prescribed in point a and b clause 2, clause 3 this Article;

b) Withdrawing the Qualification certificate of LPG car charging over 12 months regarding repeated violations prescribed in point a and b clause 2, clause 3 this Article.

5. Remedial measures:

Being compelled to implement the provisions on conditions for LPG charging stations for cars regarding violations prescribed this Article

Article 13. Violations of conditions for LPG supply stations

1 Fines of from 5,000,000 VND to 10,000,000 VND for failing to have the Qualification certificate of fire regulations as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) The LPG supply station is built inconsistently with the planning or the technical regulations;

b) The LPG supply station is built without Construction license or its project, design and construction are not approved by competent authorities;

c) The LPG supply station does not put up noticeable and legible signs reading “Inflammable”, “No smoking”. “Fire regulations”, “LPG supply station entry and exit regulation”;

d) Failing to have the Qualification certificate of LGP supply.

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Failing to adjust or have the measuring equipment inspected as prescribed;

b) Failing to have the written inspection results of equipment subject to strict requirements for LPG supply station safety.

4. Additional forms of sanctions:

a) Withdrawing the Qualification certificate of LGP supply up to 12 months regarding the violations prescribed in point a and b, clause 2, clause 3 this Article;

b) Withdrawing the Qualification certificate of LGP supply over 12 months regarding repeated violations prescribed in point a and b, clause 2, clause 3 this Article;

5. Remedial measures:

Being compelled to implement the provisions on conditions for LPG supply stations regarding violations prescribed this Article

Article 14. Violations of conditions for the lease of depots, ports for LPG export and import

1. Fines of from 10,000,000 VND to 20,000,000 VND for leasing of depots, ports for LPG export and import while the Enterprise registration certificate does not apply for the lease of depots, ports for LPG export and import.

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

a) Having wharves outside the Vietnam seaport system or wharves not satisfying the technical regulations.

b) Having non-possessory or non-co-processory wharves, or the wharf lease term is invalid;

c) Having LPG depots built inconsistently with the planning or not being approved by competent authorities or not satisfying the technical regulations;

d) Having LPG depots with capacity lower than the prescribed minimum volume;

dd) Having non-possessory or non-co-possessory LPG depots, or the depot lease term is illegitimate.

3. Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts of violations:

a) Failing to have wharves;

b) Failing to have LPG depots.

4. Remedial measures:

Being compelled to implement the provisions on conditions for leasing depots and ports for LPG export and import regarding violations prescribed this Article.

Article 15. Violations of conditions for LPG transport services

1. Fines of from 10,000,000 VND to 20,000,000 VND for performing LPG transport services while the Enterprise registration certificate does not apply for LPG transport services.

2. Fines of from 20,000,000 VND to 30,000,000 VND for performing LPG transport services using means of transport not satisfying the prescribed conditions.

3. Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts of violations

a) Failing to have the means of LPG transport as prescribed;

b) Failing to have the License for dangerous goods transport or Certificate of measuring and safety equipment inspection or the written Registration of quality standard and environment protection as prescribed;

c) Using expired License for dangerous goods transport or Certificate of measuring and safety equipment inspection and or the written Registration of quality standard and environment protection

4. Remedial measures:

Being compelled to implement the provisions on conditions for LPG transport services regarding violations prescribed this Article

SECTION 2. ACTS OF VIOLATIONS OF PROVISIONS ON THE OPERATION OF WHOLESALE LPG TRADERS

Article 16. Violations of LPG production and processing

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

a) Failing to put up the signs reading “Inflammable”, “No smoking”, “Staff only”, “Fire regulations”, “Regulations on entry and exit of the production and processing area” in LPG production and processing areas as prescribed.

b) Failing to provide professional training for officers and employee working in LPG producing and processing establishments as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for launching LPG products not being inspected and certified as qualified for safety and quality standard by competent State agencies

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Failing to have the distributing system when organizing LPG and bottled LPG retail on the market;

b) The LPG and bottled LPG retail distribution system does not satisfy the prescribed conditions;

c) Wholesaling LPG to wholesale LPG traders not satisfying the prescribed conditions.

4. Additional forms of sanctions:

a) Withdrawing the Technical qualification certificate of LPG production and processing up to 12 months regarding the violations prescribed in clause 2 and 3 this Article;

b) Withdrawing the Technical qualification certificate of LPG production and processing over 12 months regarding repeated violations prescribed in clause 2 and 3 this Article;

5. Remedial measures:

Being compelled to implement the provisions on conditions for LPG production and processing regarding violations prescribed this Article.

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

1. Fines of from 5,000,000 VND to 10,000,000 VND for failing to provide professional training for officers and employers working in LPG business establishments as prescribed.

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

a) Importing used LPG bottles and LPG auxiliary equipment;

b) Importing brand-new LPG bottles and LPG auxiliary equipment from unidentifiable or improper origins

3. Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts of violations:

a) Importing brand-new LPG bottles and LPG auxiliary equipment but not satisfying the prescribed quality standard or the technical regulations;

b) Importing LPG for re-export while not being wholesale traders

5. Additional forms of sanctions:

a) Confiscating the LPG bottles and LPG auxiliary equipment regarding the violations prescribed in point a clause 2 this Article;

b) Confiscating the LPG bottles and LPG auxiliary equipment regarding the violations prescribed in point b clause 2 and point a clause 3 this Article in case the constrained re-export prescribed in point b clause 5 this Article is not required

5. Remedial measures:

a) Being compelled to implement the law provisions on violations prescribed in clause 1 this Article;

b) Being compelled to re-export the LPG bottles and LPG auxiliary equipment regarding the violations prescribed in point b clause 2 and point a clause 3 this Article.

Article 18. Violations of other provisions on wholesale LPG traders

1. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Failing to refund the deposit to customers no longer needing LPG bottles.

b) Selling LPG and bottled LPG to subjects outside the distribution system, except for selling to direct consumers under contracts.

2. Fines of from 30,000,000 VND to 40,000,000 VND for one of the following acts of violations:

a) Signing contracts with traders not satisfying the conditions for agents, general agents, bottled LPG stores;

b) Wholesaling LPG to other LPG traders not satisfying the prescribed conditions;

c) Purchasing or selling LPG to LPG traders with LPG bottling stations, LPG supply stations, LPG charging stations for cars not satisfying the prescribed conditions;

d) Failing to carry out technical inspection for LPG bottles and equipment subject to strict requirements for safety as prescribed;

dd) Leasing out depots, ports for export and import, means of transport to LPG traders not satisfying the prescribed conditions;

e) Failing to sustain the minimum LPG circulation reserve volume of the distribution system.

3. Remedial measures:

a) Being compelled to implement law provisions on violations prescribed this Article;

b) Being compelled to refund deposit to customers no longer needing LPG bottles regarding the violations prescribed in point a clause 1 this Article.

SECTION 3. ACTS OF VIOLATIONS OF PROVISIONS ON THE OPERATION OF LPG AGENTS, GENERAL AGENTS AND BOTTLED LPG STORES

Article 19. Violations of LPG general agents

1. Fines of from 5,000,000 VND to 10,000,000 VND for failing to provide professional training for officers and employees working in business establishments of the LPG general agent as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Signing general agent contracts with more wholesale LPG traders than the prescribed quantity;

b) Signing contracts with traders not satisfying the conditions for LPG agents or bottled LPG stores.

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Selling LPG at LPG charging stations for cars and bottled LPG not satisfying the conditions for market circulation.

b) Trading different kinds of LPG from unidentifiable origins or inconsistent with the signed agent contracts with wholesale LPG traders;

c) Storing, circulating, selling different kinds of LPG and LPG bottles from LPG traders not stated in the contract;

d) Failing to return to the wholesale LPG trader all the LPG bottles put up as collateral and the LPG bottle files upon liquidating the agent contract or general agent contract.

4. Fines of from 30,000,000 VND to 40,000,000 VND for traders being general agents not sustaining the prescribed minimum LPG circulation reserve volume.

5. Additional forms of sanctions:

Confiscating LPG bottles and bottled LPG not satisfying the conditions for market circulation regarding the violations prescribed in point a, b and c clause 3 this Article.

6. Remedial measures:

a) Being compelled to implement the provisions on LPG general agents regarding violations prescribed this Article;

b) Being compelled to return all the LPG bottles put up at collateral and the LPG bottle files to wholesale LPG traders regarding the violations prescribed in point d clause 3 this Article;

c) Being compelled to withdraw and destruct the sold LPG and bottled LPG not satisfying the conditions for circulation regarding the violations prescribed in point a clause 3 this Article.

Article 20. Acts of violations of LPG agentsLPG agents

1. Fines of from 5,000,000 VND to 10,000,000 VND for failing to provide professional training for officers and employees in business establishments of LPG agents as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Signing contracts with more wholesale LPG traders or LPG general agents than the prescribed quantity;

b) Not using logbook to monitor the kinds of LPG sold to customers.

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Selling bottled LPG not satisfying the conditions for market circulation.

b) Trading different kinds of LPG and bottled LPG from unidentifiable origins

c) Selling LPG and bottled LPG inconsistently with the signed agent contracts with wholesale LPG traders or general agents;

4. Additional forms of sanctions:

Confiscating LPG and bottled LPG regarding violations prescribed clause 3 this Article.

5. Remedial measures:

a) Being compelled to implement the provisions on LPG agents regarding the violations prescribed in clause 1 and 2 this Article;

b) Being compelled to withdraw and destruct the sold bottled LPG not satisfying the conditions for circulation regarding the violations prescribed in point a clause 3 this Article.

Article 21. Violations of bottled LPG stores

1. Fines of from 5,000,000 VND to 10,000,000 VND for failing to provide professional training for officers and employees in bottled LPG stores as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Signing bottled LPG sale contracts with more LPG traders than the prescribed quantity;

b) Selling LPG bottles from non-contractual LPG traders;

c) Extracting, charging, repairing LPG bottles at improper places.

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Selling bottled LPG not satisfying the conditions for market circulation;

b) Trading LPG and bottled LPG from unidentifiable origins;

c) Selling bottled LPG inconsistent with the signed contracts with wholesale LPG traders, agents and general agents.

4. Additional forms of sanctions:

a) Confiscating bottled LPG regarding the violations prescribed in point b clause 2 and clause 3 this Article;

b) Withdrawing the Business qualification certificate up to 12 months regarding the violations prescribed in point b clause 2 and clause 3 this Article;

c) Withdrawing the Business qualification certificate over 12 months regarding repeated violations prescribed in point b clause 2 and clause 3 this Article.

5. Remedial measures:

a) Being compelled to implement the law provisions regarding the violations prescribed in clause 1 and 2 this Article;

b) Being compelled to withdraw and destruct the sold bottled LPG not satisfying the conditions for circulation regarding the violations prescribed in point a clause 3 this Article.

SECTION 4. ACTS OF VIOLATIONS OF LPG SUPPY AND CHARGING

Article 22. Violations of provisions on LPG bottling

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

a) Failing to put up noticeable and legible signs reading “Inflammable”, “No smoking”. “Fire regulations”, “LPG supply station entry and exit regulation” at the LPG bottling station at LPG bottling stations;

b) Failing to provide professional training for officers and employees in LPG bottling stations as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Charging LPG in the bottles not satisfying the prescribed conditions for circulation.

b) Signing contracts of LPG bottling with other LPG traders not satisfying the prescribed conditions.

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Storing LPG bottles from traders that have not signed the contract of LPG bottling with the bottling station;

b) Charging LPG in bottles not in the station owner’s possession, except for bottling under contracts.

4. Additional forms of sanctions:

a) Confiscating violating exhibits regarding the violations prescribed in point a clause 2 and clause 3 this Article;

b) Withdrawing the Qualification certificate of LPG bottling up to 12 months regarding reoccurring or recurring violations prescribed in point b clause 2 and clause 3 this Article.

5. Remedial measures:

Being compelled to implement the provisions on LPG bottling regarding the violations prescribed in this Article;

Article 23. Violations of provisions on LPG car charging.

1. Fines of 5,000,000 VND to 10,000,000 VND for Failing to provide professional training for officers and employees in LPG charging station for car as prescribed.

2. Fines of 10,000,000 VND to 20,000,000 VND for cooperating and contributing capital for constructing LPG charging station for cars to gas stations not being issued with the Qualification certificate of petrol business.

3. Fines of from 20,000,000 VND to 30,000,000 VND for bottling LPG at LPG charging stations for cars.

4. Additional forms of sanctions:

a) Confiscating bottled LPG and LPG bottles regarding the violations prescribed in clause 3 this Article;

b) Withdrawing the Qualification certificate of LPG car charging up to 12 months regarding the violations prescribed in clause 3 this Article;

 c) Withdrawing the Qualification certificate of LPG car charging over 12 months regarding repeated violations prescribed in clause 3 this Article;

5. Remedial measures:

Being compelled to implement the provisions on LPG car charging regarding the violations prescribed in this Article;

Article 24. Violations of provisions on LPG supply

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

a) Failing to provide customers with the LPG safety manual in which specifying the phone numbers of the LPG supply station and its managing personnel;

b) Failing to provide professional training for officers and employees in the LPG supply station as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for selling LPG to customer not complying with the fire regulations and safety regulations.

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Selling LPG to specialized means of transport not satisfying the prescribed conditions;

b) Bottling LPG at LPG supply stations.

4. Additional forms of sanctions:

a) Confiscating violating exhibits regarding the violations prescribed in point b clause 3 this Article;

b) Withdrawing the Qualification certificate of LGP supply up to 12 months regarding the violations prescribed in clause 3 this Article;

 c) Withdrawing the Qualification certificate of LGP supply over 12 months regarding repeated violations prescribed in clause 3 this Article;

5. Remedial measures:

Being compelled to implement the provisions on LPG supply regarding the violations prescribed in this Article;

Article 25. Other violations of the operations of LPG bottling stations, LPG car charging stations, LPG supply stations

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

a) Using portable charging stations:

b) Bottling unrechargeable mini LPG bottles.

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

a) Bottling rechargeable LPG bottles not being inspected for technical safety or the inspection term thereof has expired;

b) Bottling LPG or charging LPG for other vehicles and devices from tankers.

3. Additional forms of sanctions:

a) Confiscating violating exhibits regarding the violations prescribed in clause 1 this Article;

b) Withdrawing the Qualification certificate of LPG bottling, Qualification certificate of LPG car charging, Qualification certificate of LGP supply up to 12 months regarding the violations prescribed in clause 1 and 2 this Article;

b) Withdrawing the Qualification certificate of LPG bottling, Qualification certificate of LPG car charging, Qualification certificate of LGP supply over 12 months regarding repeated violations prescribed in clause 1 and 2 this Article;

4. Remedial measures:

Being compelled to have the LPG bottles inspected regarding the violations prescribed in point a clause 2 this Article;

SECTION 5. VIOLATIONS COMMITTED BY TRADERS PROVIDING LPG SERVICES

Article 26. Violations committed by the trader leasing out LPG depots and ports for LPG export and import

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

a) Failing to have the Qualification certificate of fire regulations as prescribed.

b) Failing to provide professional training for officers and employees in the business establishments of the traders leasing out LPG depots and ports for LPG export and import.

2. Fines of from 15,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Signing the lease contract of LPG depots and ports for LPG export and import with wholesale LPG traders or agents, general agents not satisfying the prescribed conditions;

b) Leasing out LPG depots and ports for export, import and delivery to receive LPG ships without contracts

3. Remedial measures:

Being compelled to implement the provisions on leasing LPG depots and ports for LPG export and import regarding the violations prescribed in this Article;

Article 27. Violations of traders providing LPG transport services

1. Fines of from 5,000,000 VND to 10,000,000 VND for Failing to provide professional training for officers and employees in the LPG transport service establishments, including the means of LPG transport drivers.

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

a) Transporting LPG under the contracts with LPG traders not satisfying the prescribed conditions;

b) Hiring means of LPG transport not satisfying the prescribed conditions or banned from traffic;

c) Not implementing the safety regulations when transporting LPG.

3. Remedial measures:

a) Being compelled to implement the provisions on LPG transport services regarding the violations prescribed in clause 1 this Article;

b) Being compelled to implement the provisions on LPG transport safety regulations regarding the violations prescribed in point c clause 2 this Article.

SECTION 6. ACTS OF VIOLATIONS OF PROVISIONS ON LPG BOTTLE PRODUCTION, REPAIR AND INSPECTION

Article 28. Violations committed by LPG bottle producing and repairing establishments

1. Fines of from 5,000,000 VND to 10,000,000 VND for Failing to provide professional training for officers and employees in LPG bottle producing and repairing establishments as prescribed.

2. Fines of from 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Producing, repairing LPG bottles without Qualification certificate of LPG bottle repair and production;

b) Not fully implement the provisions on LPG bottle repair and production promulgated by the Ministry of Industry and Trade but not being prescribed in this Decree.

3. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Producing, repairing LPG bottles for traders not being their owners;

b) Producing, repairing LPG bottles and auxiliary equipment not satisfying the prescribed quality standard;

c) Circulating LPG bottles with identical serial numbers;

d) Producing, repairing LPG bottles for their owners without contract.

4. Additional forms of sanctions:

a) Withdrawing the Qualification certificate of LPG bottle production and repair up to 12 months regarding the violations prescribed in clause 3 this Article;

b) Withdrawing the Qualification certificate of LPG bottle production and repair over 12 months regarding repeated violations prescribed in clause 3 this Article.

5. Remedial measures:

Being compelled to implement the provisions on LPG bottles production and repair regarding the violations prescribed in this Article.

Article 29. Violations committed by LPG bottle inspection posts

1. Fines of from 5,000,000 VND to 10,000,000 VND for Failing to provide professional training for officers and employees in LPG bottle inspection posts as prescribed.

2. Fines of 10,000,000 VND to 20,000,000 VND for one of the following acts of violations:

a) Carrying out LPG bottle inspection without the Qualification certificate of LPG bottle inspection;

b) Failing to fully implement the provisions on LPG bottle inspection posts promulgated by the Ministry of Industry and Trade that are not prescribed in this Decree.

3. Additional forms of sanctions:

a) Withdrawing the Qualification certificate of LPG bottle inspection up to 12 months regarding the violations prescribed in point b clause 2 this Article;

b) Withdrawing the Qualification certificate of LPG bottle inspection over 12 months regarding repeated violations prescribed in point b clause 2 this Article.

4. Remedial measures:

Being compelled to implement the provisions on LPG bottle inspection posts regarding the violations prescribed in this Article.

SECTION 7. ACTS OF VIOLATIONS OF PROVISIONS ON LPG BOTTLES AND BOTTLED LPG

Article 30. Violations of provisions on circulating LPG bottles

1. Fines of from 20,000,000 VND to 30,000,000 VND for one of the following acts of violations:

a) Failing to have the LPG bottle technical safety inspected before putting into use;

b) Circulating LPG bottles of which the technical safety inspection term has expired;

c) Circulating LPG bottles failing to retain the shape compared to that of the original design that has undergone technical safety inspection;

d) Failing to have adequate LPG bottle files as prescribed.

2. Fines of from 30,000,000 VND to 40,000,000 VND for not withdrawing or incompletely withdrawing the possessory LPG bottles to sell or transfer to other traders together with adequate dossiers as prescribed upon stop conducting the business, or merging, or shifting to other lines than LPG business.

3. Fines of from 40,000,000 VND to 50,000,000 VND for one of the following illegal acts of changing the original shape, structure and weight of LPG bottles:

a) Replacing feet, cutting handles

b) Wrecking logos, replacing brand names and serial numbers;

c) Welding and adding more metal

d) Swapping valves;

dd) Other illegal acts of changing the original shape, structure and weight of LPG bottles.

4. Additional forms of sanctions:

Confiscating LPG bottles not satisfying the conditions for circulation regarding the violations prescribed in point c, clause 1 and clause 3 this Article.

5. Remedial measures:

Being compelled to:

a) Suspend the circulation and the use of LPG bottles regarding the violations prescribed in clause 1 and 2 this Article;

b) Withdraw the circulating LPG bottles and have them inspected regarding the violations prescribed in point a and b clause 1 this Article;

c) Withdraw and destruct the circulating LPG bottles regarding the violations prescribed in point c clause 1 and clause 3 this Article;

d) Withdraw the LPG bottles regarding the violations prescribed in clause 2 this Article;

dd) Implement the provisions on LPG bottle files regarding the violations prescribed in point d clause 1 this Article.

Article 31. Violations of other provisions on LPG bottles and bottled LPG

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

a) Trading unsealed or improperly sealed bottled LPG;

b) Using unrechargeable mini bottled LPG in eating and drinking service establishments;

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

a) Trading unrechargeable mini LPG bottles or mini bottled LPG;

b) Circulating LPG bottles with identical serial numbers;

c) Trading and exchanging the kinds of LPG bottles and bottled LPG from LPG traders not stated in the contracts;

d) Trading, transporting and storing bottled LPG not satisfying the conditions for circulation;

3. Fines of from 30,000,000 VND to 40,000,000 VND for illegal acts of appropriating, trading and exchanging non-possessory LPG bottles, except for hired charges.

4. Additional forms of sanctions:

Confiscating LPG bottles and bottled LPG regarding the violations prescribed in point b clause 1, clause 2 and 3 this Article.

5. Remedial measures:

Being compelled to implement the provisions bottled LPG circulation regarding the violations prescribed in point a clause 1 this Article.

Chapter 3.

AUTHORITY AND PROCEDURES FOR SANCTIONS FOR ACTS OF ADMINISTRATIVE VIOLATIONS OF LPG BUSINESS

Article 32. Authority to sanction against administrative violations delegated to People’s Committees

Presidents of the People’s Committees at all levels are authorized to sanction against administrative violations of LPG business prescribed in this Decree within their authority prescribed in the Ordinance on Handling administrative violations 2002, amended and supplemented in 2008.

Article 33. Authority to sanction against administrative violations delegated to Market management agencies

1. Competent individuals in Market management agencies prescribed in the Ordinance on Handling administrative violations in 2002 are entitled to sanction against administrative violations of LPG business prescribed in this Decree.

2. Authority to sanction against administrative violations as prescribed in clause 1 this Article delegated to the Leader of the market management teams:

a) Issuing warnings;

b) Imposing fines of up to 5,000,000 VND;

c) Confiscating exhibits and means of violations with the value up to 30,000,000 VND;

d) Constraining the violating organizations and individuals to implement the remedial measures regarding administrative violations prescribed in this Decree.

3. Authority to sanction against administrative violations as prescribed in clause 1 this Article delegated to the Directors of Sub-departments of Market management:

a) Issuing warnings;

b) Imposing fines of up to 20,000,000 VND;

c) Withdrawing the Qualification certificate of LPG business, Qualification certificate of LPG bottling, Qualification certificate of LPG car charging, Technical qualification certificate of LPG production and processing, Qualification certificate of LGP supply, Qualification certificate of LPG bottle production and repairs, Qualification certificate of LPG bottle inspection;

d) Confiscating exhibits, means of administrative violations;

dd) Constraining the violating organizations and individuals to implement the remedial measures regarding administrative violations prescribed in this Decree

4. Authority to sanction against administrative violations as prescribed in clause 1 this Article delegated to the Directors of Departments of Market management:

a) Issuing warnings;

b) Imposing fines of up to 70,000,000 VND;

c) Withdrawing the Qualification certificate of LPG business, Qualification certificate of LPG bottling, Qualification certificate of LPG car charging, Technical qualification certificate of LPG production and processing, Qualification certificate of LGP supply, Qualification certificate of LPG bottle production and repairs, Qualification certificate of LPG bottle inspection;

d) Confiscating exhibits, means of administrative violations;

dd) Constraining the violating organizations and individuals to implement the remedial measures regarding administrative violations prescribed in this Decree

Article 34. Authority to sanction against administrative violations delegated to agencies of Public security, Customs, Border guard, Coastguard and Line Inspectorate

Individuals competent to sanction against administrative violations delegated by agencies of Public security, Customs, Border guard, Coastguard and Line Inspectorate are entitled to sanction against administrative violations of LPG business prescribed in this Decree by the authorized domains and localities prescribed in the Ordinance on handling administrative violations of 2002, amended and supplemented in 2008.

Article 35. Principles of determining the sanction authority and sanction authorization

The principles of determining the sanction authority and sanction authorization of LPG business are implemented as prescribed in the Ordinance on handling administrative violations 2002, amended and supplemented in 2008 and the Government's Decree No. 128/2008/ND-CP of December 26, 2008 detailing the implementation of a number of articles of the Ordinance on handling administrative violations of 2002 and the Ordinance on amending and supplementing a number of articles of the Ordinance on handling administrative violations promulgated in 2008.

Article 36. Procedures for sanctions for administrative violations and the implementation of the decisions on sanctions for administrative violations

Procedures for sanctions for administrative violations, the implementation of the decisions on sanctions for administrative violations and other provisions relating to sanction against administrative violations of LPG business shall be implemented as prescribed in the Ordinance on handling administrative violations 2002, amended and supplemented in 2008 and the Government's Decree No. 128/2008/ND-CP of December 26, 2008 detailing the implementation of a number of articles of the Ordinance on handling administrative violations of 2002 and the Ordinance on amending and supplementing a number of articles of the Ordinance on handling administrative violations promulgated in 2008.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 37. Effect

This Decree takes effect from January 01, 2012.

The previous provisions contrary to this Decree are abolished.

1. The Minister of Industry and Trade is responsible to guide and organize the implementation of this Decree.

2. Ministers, Heads or ministerial-level agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces are responsible to implement this Decree./.