Decree 105/2010/nd-Cp: Regulations Sanctioning Administrative Violations Of Trading Liquid Petroleum Gas

Original Language Title: Nghị định 105/2011/NĐ-CP: Quy định xử phạt vi phạm hành chính về kinh doanh khí dầu mỏ hóa lỏng

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Pursuant to the law on organization of the Government of 25 December 2001;

Commercial Law base on June 14, 2005;

Basing the Ordinance on administrative violations processing 2 July 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;

Considering the recommendation of the Minister of industry and trade DECREE, chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations, the form, the level of sanctions, remedial measures, jurisdiction and procedure for sanctioning of administrative violations of trading liquid petroleum gases (hereinafter referred to as LPG).

2. the administrative violations of LPG business is the behavior of the individual, the Organization intentionally or unintentionally violating the regulations on LPG business that is not a crime and under the provisions of this Decree sanctioned administrative offense.

3. other administrative violations of LPG business not specified in this Decree shall apply to the provisions of law on sanctioning administrative violations in the field concerned.

Article 2. Application object 1. Individuals, Vietnam had organized administrative violations of LPG business within the territory of the Socialist Republic of Vietnam.

2. Individuals, foreign organizations are administrative violations of LPG business within the territory of the Socialist Republic of Vietnam, unless the international treaties to which Vietnam is a member otherwise.

Article 3. The sanctions administrative violations and remedial measures 1. The administrative violations of LPG business suffer a out of the sanctions: a) caution;

b) fine.

2. Depending on the nature and extent of the violation, the Organization, the individual administrative violations of trading LPG can be applied one or the additional sanctions: a) deprived of the right to use the certificate eligible LPG business, certificate of eligibility on LPG cylinders , The certificate of eligible vehicle on LPG, the certificate of eligible production techniques and processing of LPG, the certificate of eligibility issued LPG, certificate of eligible production, repair of LPG bottles, certificates of eligibility test LPG bottles;

b) confiscated exhibits, the means used to administrative violations. LPG bottle case dealt with confiscated under the provisions of this decree law returned to the owner shall follow the provisions of the law.

3. Depending on the nature and extent of the violation, the Organization, the individual administrative violations of trading LPG can also be applied to one or more remedial measures are specified in the articles of chapter II of this Decree.

Article 4. Apply the sanction provisions violate the principle of administrative sanctioning administrative violations; extenuating circumstances, aggravation; time sanctioning administrative violations; the time limit is considered to have not yet dealt with administrative violations; apply the sanctions administrative violations and remedial measures; the responsibility of the competent person in the sanctioning of administrative violations in business LPG is made in accordance with Ordinance on handling administrative violations in 2002 was amended and supplemented in 2008 and Decree No. 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.

Chapter II ADMINISTRATIVE VIOLATIONS, the form and the LEVEL of SANCTIONS 1. VIOLATION of REGULATIONS on LPG BUSINESS CONDITIONS article 5. Breach of the conditions of the export and import of LPG 1. A fine from 10,000,000 20,000,000 to copper copper for export behavior, import LPG when the certificate of business registration business registration no export, import of LPG.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) is not a sufficient number of LPG bottle minimum prescribed types of traders;

b) LPG Bottles do not fit the mark was registered for protection under the provisions;

c) Has imported LPG receiving inventory from the ship or from other means of transport but not tank capacity reaches the minimum level prescribed;

d) General Agent, agent in LPG distribution system does not meet the prescribed business conditions.

3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following violations: a) no LPG station on the bottle or have loading station but have not been issued a certificate of eligibility in the prescribed bottle LPG;

b) LPG distribution system there is no shop or LPG stations into cars or LPG supply stations as prescribed;

c) no or no sufficient number of dealers, LPG trading agent as specified;

d) no jetties or Jetty but not properly defined;

DD) no imported LPG receiving inventory from the ship or from other means of transport.

4. remedial measures: enforce the rules on the conditions for export and import of LPG for violations in this article.

Article 6. Breach of the conditions of production, processing and DISTRIBUTION 1. A fine from 10,000,000 20,000,000 to copper copper for the production, processing and behavior of LPG when the business registration certificate no sign the manufacture and processing of LPG.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) production base and processing of LPG is not in the correct planning or approval authority allowing construction;

b) Have LPG but not according to the master plan or does not guarantee the current technical regulation;

c) Have LPG but total capacity is lower than the minimum level specified;

d) have room to experiment but not enough capacity to test the quality of LPG as a rule.

3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following violations: a) no certificate of qualified technician of production, processing and DISTRIBUTION;

b) no test rooms;

c) no LPG.

4. additional sanctions: a) deprived of the right to use the certificate of eligible production techniques and processing of LPG to 12 months for violating the provisions in paragraph 2, points b and c of paragraph 3 of this article;

b) deprived of the right to use the certificate of eligible production and processing technique LPG over 12 months for violating the provisions in paragraph 2, points b and c of paragraph 3 of this article in case of repeat infringers or re-offending.

5. remedial measures: enforce the rules regarding the conditions of production, processing of LPG for violations in this article.

Article 7. Breach of the conditions of the distribution of LPG trader level I 1. A fine from 10,000,000 20,000,000 to copper copper for LPG distribution behavior when the certificate of business registration business registration no LPG.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) Have LPG but total capacity is lower than the minimum level specified;

b) but not building LPG Are under planning or does not guarantee the current technical regulation;

c) Have LPG but not owned or co-owns prescribed;

d) Have LPG bottles but not enough minimum amount prescribed;

DD) LPG Bottles do not fit the mark was registered for protection under the provisions;

e) shop selling LPG cylinders, LPG, LPG stations generating on automotive, General Agent, LPG dealers in the system does not meet the prescribed conditions.

3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following violations: a) no LPG distribution system according to the rules;

b) LPG distribution system but no shops selling LPG bottle or LPG supply stations or LPG stations in the automobile or insufficient number of agents, business agents prescribed minimum LPG;

c) no LPG;

No LPG stations d) into the bottle or LPG stations in the bottle but do not have a certificate of eligibility to the LPG cylinders.

4. remedial measures: enforce the rules on the distribution of LPG traders conditions level I for the violation in this article.

Article 8. Breach of condition total LPG sales agent 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) LPG business when the business registration certificate No LPG business agent registration;

b) repository of LPG and LPG bottle bottles but not building under technical regulation or does not reach the prescribed minimum capacity;

c) LPG distribution system do not have shops selling LPG bottle LPG stations or on the automobile as defined;

d) not enough LPG distribution system the number of minimum dealer or dealer does not qualify under the rules of business;

DD) signed a contract with the trader dealer trading LPG clue does not meet the prescribed conditions;

e) no contract agent with LPG traders clues as specified.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) no bottle container of LPG and LPG bottle;

b) no LPG distribution system.

3. the remedial measures: enforce the rules on the conditions of LPG business agent for the violation in this article.

Article 9. Breach of the LPG business agent condition 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following violations: a) LPG business when the business registration certificate or certificate of registration of business households not registered LPG business agents;

b) Has shops selling bottled LPG LPG stations or into cars but no certificate of qualified fire and prescribed fire.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) no shops selling LPG bottle LPG stations or on cars;

b) no contract agent with LPG traders clues or agents but does not meet the prescribed conditions.

3. the remedial measures: enforce regulations on LPG business conditions for the violation in this article.

Article 10. Breach of the conditions of sale store LPG cylinders


1. A fine of 5,000,000 VND to 10,000,000 VND for one of the following violations: a) LPG business when the business registration certificate or certificate of registration of business households do not subscribe to sell LPG cylinders;

b) no certificate of qualified fire and prescribed fire.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) no certificate of qualified LPG business;

b) no contract to buy LPG bottle with agent or general agent or trader LPG trading clues.

3. the remedial measures: enforce regulations on conditions of sale store LPG cylinders for violations in this article.

Article 11. Breach of the conditions of LPG stations in bottle 1. A fine from 5,000,000 VND to 10,000,000 VND for LPG stations on the bottle does not have certificate of qualified fire and prescribed fire.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) LPG into the bottle when the certificate of registration of the enterprises not registered LPG in cylinders;

b) no certificate of qualified LPG into the bottle;

c) protective barrier around the loading station is not guaranteed to Unclog or do not comply with the prescribed safety distances.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) LPG station locations on the bottle does not conform with the planning;

b) project, the design of LPG station on the bottle was not approved by the authorized investment permitted construction;

c) there is no adequate process for LPG in cylinders, tank, machine operators, equipment in the station, troubleshooting and safety regulations.

4. A fine of 30,000,000 VND to 40,000,000 Council for one of the following violations: a) charging stations, loading equipment, pipe systems, tanks and ancillary equipment not in compliance with the safety regulations according to technical standards;

b), equipment have strict labor safety, labor hygiene of the loading station is not calibrated and registered as prescribed;

c) no process of LPG in cylinders, tank, machine operators, equipment in the station, troubleshooting and safety regulations.

5. Fine fellow to fellow 50,000,000 40,000,000 for acts for hire, on loan or rent, borrow or tampered certificate of eligibility on LPG cylinders.

6. additional sanctions: a) seized the certificate of eligibility to the fake bottle LPG for violation of the provisions of paragraph 5 of this Article;

b) deprived of the right to use the certificate of eligibility to the LPG cylinders to 12 months for violating the provisions in points a and b of paragraph 3, paragraph 4 and 5 of this Article;

c) Deprived the right to use the certificate of eligibility to the LPG cylinders over 12 months for violating the provisions in points a and b of paragraph 3, 4 and 5 of this paragraph in the case of violation or re-offending.

7. remedial measures: enforce regulations on conditions of LPG stations on the bottle for the violation in this article.

Article 12. Breach of the conditions of LPG stations in cars 1. A fine from 5,000,000 VND to 10,000,000 VND for the behavior without the certificate of qualified fire and prescribed fire.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) LPG Stations in automotive construction as planned or not according to the technical standards;

b LPG Stations on the car) no building permit or the project, the design of LPG station on cars are not approved by the authorized investment permitted construction;

c) does not have a certificate of eligibility to the LPG cars.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) does not control, calibrate the measuring device as specified;

b) auditing and Not register a device with strict requirements on safety in LPG cars according to the regulations.

4. additional sanctions: a) deprived of the right to use the certificate of eligibility to the LPG cars to 12 months for violating the provisions in points a and b of paragraph 2, paragraph 3 of this article;

b) deprived of the right to use the certificate of eligibility to the LPG cars over 12 months for violating the provisions in points a and b of paragraph 2, paragraph 3 of this article in case of repeat infringers or re-offending.

5. remedial measures: enforce regulations on conditions of LPG stations into cars for the violation in this article.

Article 13. Breach of the conditions of LPG supply stations 1. A fine from 5,000,000 VND to 10,000,000 VND for the behavior without the certificate of qualified fire and prescribed fire.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) LPG generating built not according to planning or not according to the technical standards;

b) LPG supply Stations do not have a building permit or the project, the design of LPG supply stations were not approved by the authorized investment permitted construction;

c) LPG supply Stations don't have the sea theme: "banning fire", "non-smoking", "fire and fire rules", "rules on LPG supply stations" hanging in a conspicuous place, easy to read;

d) no certificate of eligibility issued LPG.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) does not control, calibrate the measuring device as specified;

b) no inspection result slip devices have strict about safe LPG supply stations.

4. additional sanctions: a) deprived of the right to use the certificate of eligibility issued LPG to 12 months for violating the provisions in points a and b of paragraph 2, paragraph 3 of this article;

b) deprived of the right to use the certificate of eligibility issued LPG on May 12 for violating the provisions in points a and b of paragraph 2, paragraph 3 of this article in case of repeat infringers or re-offending.

5. remedial measures: enforce regulations on conditions of LPG supply stations for violations in this article.

Article 14. Breach of the conditions of service for the warehousing, port of LPG import export 1. A fine from 10,000,000 20,000,000 for copper to copper acts warehouse rental services business, the port of export, import of LPG when the business registration certificate no business registration warehouse rental services, LPG import export port.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) has a jetty but not in Vietnam sea port system or the Jetty construction does not guarantee the technical regulation;

b) Have the Jetty but not owned, own or lease the Harbour Bridge are not properly regulated;

c) LPG but not build There according to the master plan or are not approved or authorized does not guarantee the technical regulation;

d) Have LPG but total capacity is lower than the minimum prescribed level;

DD) Have LPG but not owned, owned or lease LPG does not properly regulated.

3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following violations: a) has no Jetty;

b) no LPG.

4. remedial measures: enforce the rules on business conditions warehouse rental services, LPG import export harbor for violation of in this article.

Article 15. Breach of the conditions of service of transport of LPG 1. A fine from 10,000,000 20,000,000 for copper to copper acts LPG transportation service business when the business registration certificate no registered LPG transportation service.

2. A fine of 20,000,000 30,000,000 for the copper to copper acts LPG transportation service business but not vehicles meet the prescribed conditions.

3. A fine of 30,000,000 VND to 40,000,000 Council for one of the following violations: a) does not have the means to transport prescribed LPG;

b) no dangerous goods transportation license or certificate of measuring devices and control for safe or Paper check post on standards of quality and environmental protection according to the regulations;

c) transport dangerous goods licence or certificate of measuring devices and control for safe or Paper check post on standards of quality and environmental protection are no longer in force.

4. remedial measures: enforce the rules about business conditions for LPG transportation service in violation of this.

Section 2 VIOLATION of REGULATIONS in the BUSINESS ACTIVITIES of the LPG BUSINESS TRADERS CLUES article 16. Breach of production operations, processing of LPG 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following violations: a) no sea "Banning fire", "non-smoking", "no free duty on", "fire and fire rules", "rules on the production and processing area" hangs in the manufacturing sector, the processing of LPG as a rule.

b) No training, training for officials and staff working in establishments manufacturing, processing of LPG as a rule.

2. A fine from 10,000,000 20,000,000 for copper to copper acts put the product into circulation for the first LPG are not state agencies have the authority to inspect, certify, assure the prescribed quality standards.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) no distribution system under the rules when a retail organization of LPG and LPG cylinders on the market;

b) retail distribution system of LPG and LPG cylinders do not qualify under the rules;

c) wholesale LPG for LPG business merchants assuring no other prescribed conditions.

4. additional sanctions: a) deprived of the right to use the certificate of eligible production techniques and processing of LPG to 12 months for violating the provisions in paragraph 2 and 3 of this article;

b) deprived of the right to use the certificate of eligible production and processing technique LPG over 12 months for violating the provisions in paragraph 2 and 3 of this article in case of repeat infringers or re-offending.

5. remedial measures: enforce the rules on production and processing of LPG for violations in this article.

Article 17. In breach of the import business, export, re-export import LPG


1. A fine of 5,000,000 VND to 10,000,000 VND for behavior training, training for officials and staff working at the LPG business establishments according to the regulations.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) imported bottled LPG and LPG use auxiliary equipment used;

b) imported LPG bottles, devices use LPG used yet but no or incorrect origin.

3. A fine of 30,000,000 copper to copper 40,000,000 for the following violations: a) imported LPG bottles, devices use LPG used yet but do not guarantee quality standard or technical regulation as a rule;

b temporary business entry) re-appears, export of LPG when not traders clues.

4. additional sanctions: a) confiscating bottles of LPG and LPG use auxiliary equipment for violating the provisions of art. 2 of this Thing;

b) confiscating bottles of LPG and LPG use auxiliary equipment for breach of specified in point b of paragraph 2 and point a of paragraph 3 of this article in case of non fulfillment of the measures forced back specified in point b of paragraph 5 of this Article.

5. remedial measures: a) enforce the provisions of the law for violating the in clause 1 of this article;

b) Forced back bottles of LPG and LPG used for auxiliary equipment for breach of specified in point b of paragraph 2 and point a of paragraph 3 of this article.

Article 18. Violation of provisions of the LPG business traders clue 1. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a non-refundable deposit) in the betting when the client no longer needs the use of LPG bottles;

b) Selling LPG and LPG cylinders for objects not in its distribution system, unless sold under contract for direct clients.

2. A fine of 30,000,000 VND to 40,000,000 Council for one of the following violations: a) signed a contract with the trader does not qualify as general agents, agents, shops selling LPG bottle;

b) wholesale LPG for LPG traders do not meet the prescribed conditions;

c) Buy or sell LPG with LPG trading traders have LPG stations in chai, LPG, LPG stations generating on cars do not meet the prescribed conditions;

d) does not perform technical safety inspection of LPG bottles, the equipment has a strict safety requirements prescribed;

DD) warehouse, the port of export, import, transport with LPG trader does not meet the prescribed conditions;

e) Not sure maintaining reserve levels minimum LPG flow for distribution system in itself, according to regulations.

3. the remedial measures: a) enforce the provisions of the law for the breach in this;

b betting deposit refund) forced to customers when the client no longer needs the use of bottled LPG for breach of in point a of this paragraph 1.

Section 3 RULES VIOLATIONS in the OPERATION of BUSINESS agents, BUSINESS AGENTS of LPG and LPG BOTTLE SHOP article 19. Violation of the LPG business agents 1. A fine from 5,000,000 VND to 10,000,000 VND for behavior training, training for staff, employees work at the facility of LPG dealers trading under the rules.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) signed do General Agent exceeds the number of LPG business traders clues as prescribed;

b) signed a contract with the trader does not qualify for dealer or shop selling LPG cylinders.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) Selling LPG at LPG station on cars and sell LPG cylinders do not meet eligible circulation on the market;

b) buying or selling LPG floating on the market have no origin or does not match the signed agent contracts with LPG traders clues;

c) storage, circulation, consumption of LPG and LPG bottle types of traders other LPG business contracts;

d) does not reimburse for the LPG business traders clues all the LPG bottle signed betting and LPG bottle profile when the liquidation of the contract agent, General Agent.

4. A fine of 30,000,000 VND to 40,000,000 for copper traders is the General Agent does not guarantee the level of traffic that the minimum LPG reserve according to the regulations.

5. additional sanctions: LPG LPG bottles and bottles of seizure does not meet the eligible circulation on the market with regard to offending provisions in point a, b and c of paragraph 3 of this article.

6. remedial measures: a) enforce regulations on LPG trading agents for violating in this;

b) Forcibly returned to the LPG business traders clues all the LPG bottle signed betting and LPG cylinders profile for breach of specified in point d of this paragraph 3;

c) Forced withdrawal, destruction of LPG and LPG bottle does not meet all the conditions of the circulation was sold for violation of at point a paragraph 3 of this article.

Article 20. Violations of the LPG business agent 1. A fine from 5,000,000 VND to 10,000,000 VND for behavior training, training for officers, staff working in the business of LPG business agent under the regulations.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) contracted agents beyond the number of LPG business traders clues or general agent under the regulations;

b) do not open the Windows to track the types of LPG sold to customers.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) Selling LPG bottles did not meet eligible circulation on the market;

b) Buy, sell LPG and LPG bottle floating on the market does not have origin;

c) Sell LPG and LPG bottle does not match the signed agent contracts with LPG traders clues or general agent.

4. additional sanctions: seizure of LPG and LPG cylinders for violation of the provisions of paragraph 3 of this article.

5. remedial measures: a) enforce regulations on LPG business agent for violating clause 1 and 2 of this Article;

b) Forced withdrawal, destruction of LPG bottles did not meet all the conditions of the circulation was sold for violation of at point a paragraph 3 of this article.

Article 21. Violation of shops selling LPG bottle 1. A fine from 5,000,000 VND to 10,000,000 VND for behavior training, training for officials and employees working in stores selling LPG bottle according to the regulations.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) signed a contract to sell LPG cylinders with LPG trader in excess of the prescribed amount;

b) Selling LPG cylinders of LPG business traders without contracts;

c extraction, LPG) San, repairing LPG bottle is not the right place.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) selling LPG bottle does not meet eligible circulation on the market;

b) Buy, sell LPG and LPG bottle floating on the market does not have origin;

c) Selling LPG bottle does not match the signed contract with the LPG business traders clues, General Agent, agent.

4. additional sanctions: a) seized LPG bottle for violation of the provisions of point b of paragraph 2 and paragraph 3 of this article;

b) deprived of the right to use the certificate of eligible business to 12 months for violation of the provisions of point b clause 2 and clause 3 of this article;

c) Deprived the right to use the certificate of eligible business over 12 months for violation of the provisions of point b clause 2 and clause 3 of this article in case of repeat infringers or re-offending.

5. remedial measures: a) enforce the provisions of the law for violating the in clause 1 and 2 of this Article;

b) Forced withdrawal, destruction of LPG bottles did not meet all the conditions of the circulation was sold for violations specified in point a of paragraph 3 of this article.

Item 4 VIOLATIONS of REGULATIONS on LOADING, LPG LEVEL Article 22. Violating regulations on LPG in cylinders 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following violations: a) LPG Stations into the bottle without the sea theme: "banning fire", "non-smoking", "fire and fire rules", "rules on LPG stations" hanging in a conspicuous place, easy to read;

b) No training, training for officials and staff working at the LPG stations in the bottle according to the regulations.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) LPG into the bottle LPG does not meet prescribed ventilation conditions;

b) leasehold LPG Refills on LPG cylinders for LPG traders do not meet the prescribed conditions.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) of LPG bottles Containing other traders do not have the lease with LPG loading station;

b LPG LPG bottles into not) owned by owner traders main loading station, unless the lease.

4. additional sanctions: a) confiscated exhibits breaches violated the provisions of art. 2 and paragraph 3 of this article;

b) deprived of the right to use the certificate of eligibility to the LPG cylinders to 12 months for violation of the provisions of point b clause 2 and clause 3 of this article in case of repeat infringers or re-offending.

5. remedial measures: enforce regulations on LPG in cylinders for violation of the provisions of this Article.

Article 23. Violating regulations on LPG to cars 1. A fine from 5,000,000 VND to 10,000,000 VND for behavior training, training for officials and staff working at the LPG stations in the automobile as defined.

2. A fine from 10,000,000 20,000,000 for copper to copper acts venture, links which build LPG stations in the automobile with shops selling gasoline not certification eligible gasoline business.

3. A fine fellow to fellow 30,000,000 20,000,000 words for LPG behavior on LPG bottle LPG station on cars.

4. additional sanctions:


a) LPG LPG bottles, bottles confiscated for breach of the provisions in paragraph 3 of this article;

b) deprived of the right to use the certificate of eligibility to the LPG cars to 12 months for violating the provisions of this paragraph 3;

c) Deprived the right to use the certificate of eligibility to the LPG cars over 12 months for violating the provisions in paragraph 3 of this article in case of repeat infringers or re-offending.

5. remedial measures: enforce regulations on LPG to cars for violation of the provisions of this Article.

Article 24. Violating regulations on LPG level 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following violations: a) does not give the customer a guide to safe use of LPG, including record numbers of LPG supply stations, station management employees directly related to the LPG supply when necessary;

b) No training, training for officials and staff working at the LPG supply stations under the rules.

2. A fine from 10,000,000 20,000,000 for copper to copper acts sell LPG for customers who do not comply with the rules of safe use of LPG, prevention of fires.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) Selling LPG for specialized transportation does not meet the prescribed conditions;

b LPG LPG in bottles into) stations of LPG supply.

4. additional sanctions: a) seized exhibits in violation for violations specified in point b of paragraph 3 of this article;

b) deprived of the right to use the certificate of eligibility issued LPG to 12 months for violating the provisions in paragraph 3 of this article;

c) Deprived the right to use the certificate of eligibility issued LPG on May 12 for violating the provisions in paragraph 3 of this article in case of repeat infringers or re-offending.

5. remedial measures: enforce the rules on the level of LPG for violation of the provisions of this Article.

Article 25. The other violations of LPG stations operating on LPG stations, bottle on cars, LPG supply stations 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) using mobile charging stations;

b LPG LPG bottles into mini) are not allowed to reload.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) LPG LPG bottle allowed to reload but not yet tested or too technical inspection period;

b) LPG from LPG bottles into tank car or vehicles, other equipment.

3. additional sanctions: a) confiscated exhibits breaches violated the provisions in clause 1 of this article;

b) deprived of the right to use the certificate of eligibility to the LPG bottles, qualified certificate in automotive LPG, certificates of eligibility issued LPG to 12 months for violating clause 1 and 2 of this Article;

c) Deprived the right to use the certificate of eligibility to the LPG bottles, qualified certificate in automotive LPG, certificates of eligibility issued LPG on May 12 for violating the provisions in clause 1 and 2 of this Article in case of repeat infringers or re-offending.

4. remedial measures: Forcing LPG bottle inspection for the violating provisions of art. 2 of this Thing.

VIOLATIONS of section 5 in the BUSINESS OPERATIONS of TRADER LPG SERVICE BUSINESS Article 26. Breach of Merchant Warehouse rental services business, the port of LPG import export 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following violations: a) no certificate of qualified fire and prescribed fire;

b) No training, training for staff, employees work at the facility business Traders business services for warehousing, LPG import export ports as specified.

2. A fine of 15,000,000 30,000,000 for the copper to copper among the violations a) signed a contract for warehousing, port forwarding, import export of LPG business LPG traders with clues or general agent, agent does not meet the prescribed conditions;

b) warehousing, delivery, import export port for receiving LPG tanker without the contract.

3. the remedial measures: enforce the rules on business warehouse rental services, LPG import export harbor for infringing the provisions of this Article.

Article 27. Breach of merchant trading LPG transportation service 1. A fine from 5,000,000 VND to 10,000,000 VND for behavior training, training for staff, employees work at the facility of LPG transportation service business according to regulations, including the drivers of LPG vehicles.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) the transport of LPG under contract for the LPG business traders do not meet the prescribed conditions;

b) LPG transport Rental does not guarantee eligibility or are not allowed to join the traffic according to the regulations;

c) do not make the rules of safety when transporting LPG.

3. the remedial measures: a) enforce regulations on LPG transportation service business for violation in paragraph 1 of this article;

b) enforce the regulations about the safe transportation of LPG for violation of at point c paragraph 2 of this Article.

Item 6 VIOLATIONS of REGULATIONS on the PRODUCTION, REPAIR, INSPECTION of LPG BOTTLE Article 28. Violation of the production facilities, repair of LPG bottles 1. A fine from 5,000,000 VND to 10,000,000 VND for behavior training, training for officials and staff working in establishments manufacturing, repairing LPG bottles according to the regulations.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) the production, repair of LPG bottles without the certificate of eligible production, repair of LPG bottles;

b) Not fully implementing the provisions on the production, repair by LPG bottle Industry issued that are not yet regulated in this Decree.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) the production, repair of LPG bottles for traders not LPG bottle holders;

b) production, repair of LPG cylinders and the auxiliary equipment used LPG does not guarantee the prescribed quality standards;

c) production facility take bottles of LPG have duplicate serial number out of circulation on the market;

d) production, repair of LPG cylinders for LPG bottle holders that do not have a contract.

4. additional sanctions: a) deprived of the right to use the certificate of eligible production, repair of LPG bottles to 12 months for the offense in paragraph 3 of this article;

b) deprived of the right to use the certificate of eligible production, repair of LPG bottles on 12 April for infringing in paragraph 3 of this article in case of repeat infringers or re-offending.

5. remedial measures: enforce the rules on the manufacture and repair of LPG bottles for the violation in this article.

Article 29. Violation of inspection stations, LPG bottle 1. A fine from 5,000,000 VND to 10,000,000 VND for behavior training, training for officials and staff working at control stations, LPG bottle according to the regulations.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) LPG bottle inspection without certificate of eligibility test LPG bottles;

b) do not fulfill the regulations on LPG bottle inspection stations due to Industry issued that are not yet regulated in this Decree.

3. additional sanctions: a) deprived of the right to use the certificate of eligibility test bottle LPG to 12 months for violation of at point b paragraph 2 of this Article;

b) deprived of the right to use the certificate eligible LPG bottle inspection on 12 April for infringing in point b of paragraph 2 of this Article in case of repeat infringers or re-offending.

4. remedial measures: enforce regulations on LPG bottle inspection stations for the violation in this article.

Section 7 VIOLATIONS of REGULATIONS on LPG CYLINDERS and LPG BOTTLE article 30. Violating regulations on LPG bottles in circulation on the market 1. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) No technical safety inspection prescribed LPG bottles before putting into use;

b) circulation LPG bottle too technical inspection deadlines prescribed safety;

c) circulation LPG bottles no longer raw shapes designed initially to be technical safety inspection;

d) do not have enough stored records about LPG bottles according to the regulations.

2. A fine of 30,000,000 VND to 40,000,000 for the Council acts not recover or not recover the whole of his owned LPG bottles to be sold or ceded to other traders fully enclose the prescribed records when to stop operations or LPG business merger industry conversion, not LPG business.

3. Fine fellow to 40,000,000 50,000,000 Council for one of the acts changing the shape, texture, weight of LPG bottles following unauthorized: a) instead of brackets, cut the straps handbags;

b) Sharpening the logo, change the label, the series;

c) South Korea tied more metal;

d) exchanged the first bottle valves;

DD) The unauthorized acts of others alter the shape, texture, weight of LPG cylinders.

4. additional sanctions: confiscated bottles of LPG does not guarantee traffic conditions for the violation of the provisions in point c of paragraph 1 and paragraph 3 of this article.

5. remedial measures: a) to suspend the circulation, use bottled LPG for violation of the provisions of paragraph 1 and 2 of this Article;

b) Forced withdrawal, made LPG bottle inspection has launched for violation of traffic regulations in points a and b of paragraph 1 of this article;

c) Forced withdrawal, destruction of LPG bottles were taken out of circulation for the offense specified in point c of paragraph 1 and paragraph 3 of this article;

d) Forced recovery of LPG bottle prescribed for the violation in paragraph 2 of this Article;

DD) enforce rules about the storage of LPG cylinders profile for violation of the provisions of paragraph 1 of this article a d.

Article 31. Violation of provisions regarding LPG cylinders and LPG bottle 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) the business of LPG cylinders are not sealed or not sealed properly;


b) use LPG mini bottles are not allowed to load in business establishments, catering services;

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) LPG bottle business mini or LPG mini bottles are not allowed to reload;

b) LPG bottle owners put bottles of LPG have duplicate serial number out of circulation on the market;

c) Buy, sell, exchange the bottle kind of LPG and LPG cylinders of LPG business merchants other than the signed contracts;

d) buying, selling, transporting, storing LPG bottle not eligible circulation on the market;

3. A fine of 30,000,000 VND to 40,000,000 Council for unauthorized seizure behavior, purchase, sale, exchange of LPG bottles not owned, except rent.

4. additional sanctions: confiscated bottles of LPG and LPG cylinders for breach of specified in point b of paragraph 1, item 2 and 3 of this article.

5. remedial measures: enforce regulations on LPG cylinders in circulation on the market with regard to offending in art. 1 of this article.

Chapter III jurisdiction, PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS of LPG BUSINESS Article 32. The authority sanctioning administrative violations of the people's Committee of the people's Committee Chairman the authority to sanction the administrative violations of LPG business prescribed in this Decree according to the jurisdiction provisions in the Ordinance handling administrative violations in 2002 revised supplemented in 2008.

Article 33. The authority sanctioning administrative violations of market management agency 1. The authority of the Agency market management provisions in ordinances handling administrative violations in 2002 has the right to sanction for administrative violations of LPG business specified in this Decree.

2. The authority sanctioning administrative violations as defined in paragraph 1 of this article of the captain of the market management: a) caution;

b) fines up to 5,000,000;

c) confiscated exhibits, the means used to administrative violations are worth up to 30,000,000 VND;

d) enforce remedial measures for administrative violations specified in this Decree.

3. The authority sanctioning administrative violations as defined in paragraph 1 of this article of the Director market management Bureau: a) caution;

b) a fine of up to 20,000,000;

c) Deprived the right to use the certificate eligible LPG business, the certificate of eligibility to the LPG bottles, the certificate of eligibility to the LPG car, qualified certificate, production techniques and processing of LPG, the certificate of eligibility issued LPG, certificate of eligible production repair of LPG bottles, certificates of eligibility test LPG bottles;

d) confiscated exhibits, the means used to administrative violations;

DD) forced the implementation of remedial measures for administrative violations specified in this Decree.

4. The authority sanctioning administrative violations as defined in paragraph 1 of this article of the Director market management: a) caution;

b) fines to 70,000,000;

c) Deprived the right to use the certificate eligible LPG business, the certificate of eligibility to the LPG bottles, the certificate of eligibility to the LPG car, qualified certificate, production techniques and processing of LPG, the certificate of eligibility issued LPG, certificate of eligible production repair of LPG bottles, certificates of eligibility test LPG bottles;

d) confiscated exhibits, the means used to administrative violations;

DD) forced the implementation of remedial measures for administrative violations specified in this Decree.

Article 34. The authority sanctioning administrative violations by the police, customs, border guard, the marine police and the specialized inspection authority sanctioning administrative violations by the police, customs, border guard, Coast Guard, specialized inspectors have the right to sanction for administrative violations of LPG business prescribed in this Decree in management areas, according to the jurisdiction provisions in the Ordinance handling administrative violations in 2002 was amended and supplemented in 2008.

Article 35. Principle of determining the jurisdiction and authorized sanctions penalizing principles determining the jurisdiction and authorized sanctions sanctioning administrative violations of LPG business is done in accordance with Ordinance on handling administrative violations in 2002 was amended and supplemented in 2008 and Decree No. 128/2008/ND-CP on December 16, 2008 detailing the Government's enforcement of the a number of articles of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.

Article 36. Procedure for sanctioning of administrative violations, enforce the decision sanctioning administrative violations of procedures sanctioning administrative violations, enforce the decision sanctioning administrative violations and other regulations related to sanctioning administrative violations of LPG business is done in accordance with Ordinance on handling administrative violations in 2002 revised the 2008 supplement, and Decree No. 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008.

Chapter IV PROVISION Enacted 37. Effective enforcement of this Decree has effect from January 1, 2012.

Repeal of previous regulations contrary to this Decree.

Article 38. Responsibility 1. Minister of industry and commerce is responsible for guiding and organizing the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.