Decree 104/2010/nd-Cp: Regulations Sanctioning Administrative Violations Regarding Petroleum Trading

Original Language Title: Nghị định 104/2011/NĐ-CP: Quy định xử phạt vi phạm hành chính về kinh doanh xăng dầu

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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, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations, the form and the level of punishment, remedial measures, jurisdiction and procedure for sanctioning of administrative violations of trading oil.

2. the administrative violations of trading of petroleum is the behavior of the individual, the Organization intentionally or unintentionally violating the regulations of the State administration of petroleum trading which is not a crime and under the provisions of this Decree sanctioned administrative offense.

3. other administrative violations of trading oil 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 trading of petroleum within the territory of the Socialist Republic of Vietnam.

2. Individuals, foreign organizations are administrative violations of trading of petroleum 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. Violations of the administration of oil and gas 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 oil can be applied one or the following additional sanctions: a) deprived of the right to use the certificate of qualified petroleum business, business license, export and import of petroleum;

b) confiscated exhibits, the means used to administrative violations.

3. Depending on the nature and extent of the violation, the Organization, the individual administrative violations regarding petroleum trading also can 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 regarding petroleum trading is done in accordance with the 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, FINES and FORM Item 1 BREACH of the EXPORT LICENCE, import gasoline, CERTIFICATE of QUALIFIED PETROLEUM TRADING article 5. Violation of terms of use licenses the export and import of gasoline 1. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) the export and import of petroleum when the business license of exports, imports of gasoline are running out of time in force;

b) Manually erased, corrected licenses the export and import of petroleum;

c) rent, lease, lend or borrow licenses the export and import of petroleum;

d) counterfeiting or use business license to export or import gasoline.

2. additional sanctions: a) deprived of the right to use the business license of exports, imports of gasoline to 12 months for violating the provisions in points b and c of paragraph 1 of this article;

b) deprived of the right to use the business license of exports, imports of gasoline over 12 months for violating the provisions in points b and c of paragraph 1 of this article in case of repeat infringers or re-offending;

c) confiscated the licenses the export and import of petroleum for violations specified in point d of paragraph 1 of this article.

Article 6. Breach of the use of certificates of qualified petroleum trading 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) Manually erased, corrected certificate of qualified petroleum trading;

b) rent, lease, lend or borrow a certificate of qualified petroleum trading;

c) counterfeiting or using the certificate of qualified petroleum business.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a petroleum business) when the certificate of qualified petroleum business has been discontinued or has been deprived of the right to use or withdrawn;

b) petroleum trading when there is no certificate of qualified petroleum business.

3. additional sanctions: a) deprived of the right to use the certificate of qualified petroleum trading to 12 months for violating the provisions in points a and b of paragraph 1 of this article;

b) deprived of the right to use the certificate of qualified petroleum business over 12 months for violating the provisions in points a and b of paragraph 1 of this article in case of repeat infringers or re-offending;

c) confiscated certificate of qualified petroleum trading for violation of the provisions in point c of paragraph 1 of this article.

Section 2 INFRINGEMENT on the PETROLEUM BUSINESS CONDITIONS article 7. Breach of the conditions of the export and import of gasoline 1. A fine fellow to fellow 30,000,000 20,000,000 words for export behavior, import gasoline when the certificate of business registration business registration no gasoline.

2. A fine of 30,000,000 VND to 40,000,000 for fellow traders, import export business of petroleum has one of the following violations: a) has a jetty but not properly defined;

b) has received gasoline imports but not properly defined;

c) means of transport the gasoline but not properly defined;

d) petroleum distribution system but not properly defined;

DD) means aircraft fuel load test but not properly regulated.

3. Fine fellow to fellow 50,000,000 40,000,000 for traders, import export business of petroleum has one of the following violations: a) has no dedicated Jetty;

b) no receiving warehouse of petroleum imports;

c) no petroleum transportation consultants;

d) no petroleum distribution system;

DD) no media loaded fuel test flight.

4. additional sanctions: a) deprived of the right to use the business license of exports, imports of gasoline to 12 months for violating the provisions in paragraph 2 and 3 of this article;

b) deprived of the right to use the business license of exports, imports of gasoline 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 business conditions of export or import gasoline for violations in this article.

Article 8. Breach of the conditions of production of gasoline 1. A fine fellow to fellow 30,000,000 20,000,000 words for oil and gas production behavior when the certificate of business registration business registration no gasoline.

2. A fine of 30,000,000 copper to copper 40,000,000 for the production of gasoline traders have one of the following violations: a) the petroleum production facilities not in accordance with the approved plan;

b) have room to experiment, measurement but not enough capacity to test the quality of petroleum produced under the rules.

3. Fine fellow to fellow 50,000,000 40,000,000 for the production of gasoline traders have one of the following violations: a) the petroleum production is not allowed by the authorized investment;

b) does not have the room to experiment, measurement to check the quality of the oil produced according to regulations.

4. remedial measures: enforce regulations on gasoline production conditions for violations in this article.

Article 9. Breach of conditions of trading business dealer total gasoline 1. A fine from 10,000,000 20,000,000 for copper to copper dealer total petroleum business has one of the following violations: a) the gasoline business when the business registration certificate no petroleum business registration;

b) managers and staff directly petroleum trading are not professional training about fire safety, fire and environmental protection according to the regulations.

2. A fine of 20,000,000 30,000,000 for the copper to copper dealer total petroleum business has one of the following violations: a) Have warehouses, petroleum storage tanks but not properly defined;

b) petroleum distribution system but not properly defined;

c) means of transport the gasoline but not properly regulated.

3. A fine of 30,000,000 VND to 40,000,000 copper for total petroleum sales agents have one of the following violations: a) no warehouses, petroleum storage tanks;

b) no petroleum distribution system;

c) no transportation of gasoline.

4. remedial measures: enforce the rules of the business conditions of the petroleum business agents for violations in this article.

Article 10. Breach of the conditions of business of the dealer retail gasoline 1. A fine from 10,000,000 to 15,000,000 Board Council for petroleum retail dealer has one of the following violations: a) the gasoline business when the business registration certificate no petroleum business registration;

b) managers and staff directly petroleum trading are not professional training about fire safety, fire and environmental protection according to the regulations.

2. A fine of 15,000,000 20,000,000 for copper to copper dealer retail gasoline without oil and gasoline retailer.

3. the remedial measures:


Enforce regulations on business conditions of petroleum retail dealer for breach of in this article.

Article 11. Breach of the conditions of business of retail gasoline 1. A fine from 5,000,000 VND to 10,000,000 VND for the case management officer, direct business staff of petroleum are not professional training about fire safety, fire and environmental protection 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 location of retail gasoline is not true to the location stated in the certificate of qualified petroleum trading;

b) do not have enough equipment at petroleum retail outlets under the provisions or equipment at petrol retailer does not meet the prescribed standards.

3. A fine fellow to fellow 30,000,000 20,000,000 words for one of the following violations: a) the location of petrol retailer does not match the master plan has been approved by the authority;

b) no equipment at the retail stores of gasoline under the rules.

4. additional sanctions: a) deprived of the right to use the certificate of qualified petroleum trading 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 qualified petroleum business 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: a) forced the scrapping of petrol retailer to breach the provisions of art. 2 and art. 3 of this article;

b) enforce the regulations on conditions oil business for violating the provisions of this Article.

Article 12. Breach of the conditions of service of gasoline 1. A fine fellow to 20,000,000 30,000,000 VND from for business enterprise petroleum transport services or business services, rental warehouse receiving oil has one of the following violations: a) the business of petroleum transportation services or port services business, receiving inventory of gasoline when the certificate of business registration business registration no gasoline;

b) management, employees or business managers, staff directly using the means of transport are not professional training about fire safety, fire and environmental protection according to the regulations.

2. A fine of 30,000,000 VND to 40,000,000 Council for one of the following violations: a) enterprise business rental of ports, warehouses that receive gasoline has the harbour bridge or the repository but not properly defined;

b) business enterprise petroleum transportation services means transportation of gasoline but not properly regulated.

3. Fine fellow to 40,000,000 50,000,000 Council for one of the following violations: a) enterprise business rental of ports, warehouses that receive gasoline does not have dedicated jetty or there is no storage space;

b) business enterprise petroleum transport services do not have the means of transportation of petroleum.

4. remedial measures: enforce the rules about business conditions for petroleum services in violation of this.

Section 3 VIOLATION of REGULATIONS on GASOLINE PRICE article 13. Breach of listing price and the retail price of gasoline 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) Not listed on the retail price of gasoline or gasoline retail prices do not properly regulated, not obviously cause confusion to the customers;

b) Selling prices quoted by the false clue trader rules.

2. A fine of 20,000,000 30,000,000 for the copper to copper acts arbitrarily adjusted the retail price of gasoline is not the right time traders clues.

3. additional sanctions: a) deprived of the right to use the certificate of qualified petroleum trading to 12 months for violation of the provisions of point b paragraph 1 and paragraph 2 of this Article;

b) deprived of the right to use the certificate of qualified petroleum trading on 12 April for infringing the provisions of point b paragraph 1 and paragraph 2 of this Article in case of repeat infringers or re-offending or violated the during the implementation of price stabilization.

4. remedial measures: a) forced the price listing for rules violation in art. 1 of this article;

b) Forced to resubmit the State budget of illegal benefits have been due to administrative violations for violations specified in point b of paragraph 1 and paragraph 2 of this Article.

Article 14. Breach of the procedure adjusts the retail price of petrol traders clue 1. A fine fellow to fellow 30,000,000 20,000,000 words for traders clues have one of the following violations: a) Not Send price and price decisions to the competent State agencies when adjusting the increase, gasoline retail discounts;

b) Don't notice or don't send the decision on the retail price of gasoline to the levels in gasoline distribution system before the rates enforceable when the adjusted increase, decrease the retail price of gasoline.

2. A fine of 30,000,000 copper to copper 40,000,000 for traders that the behavior does not obey regulations on the level of price adjustment, the minimum time between two consecutive price adjustments when adjustments increase the retail price of gasoline and the maximum time between two consecutive price adjustments when adjustments reduced the retail price of gasoline.

3. additional sanctions: a) deprived of the right to use the business license of exports, imports of gasoline to 12 months for violating the provisions in paragraph 2 of this Article;

b) deprived of the right to use the business license of exports, imports of gasoline over 12 months for violating the provisions in paragraph 2 of this Article in case of repeat infringers or re-offending or violated the during the implementation of price stabilization.

4. remedial measures: a) enforce regulations on retail gasoline price adjustment for the offense in paragraph 1 and 2 of this Article;

b) Forced to resubmit the State budget of illegal benefits have been due to administrative violations for violating the provisions in paragraph 2 of this Article.

Item 4 in VIOLATION of REGULATIONS on GASOLINE QUALITY measure, article 15. Breach of the use of means of measurement in petroleum trading 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following violations: a) use the certificate verification or auditing, inspection stamps mark the means of measuring gasoline has been discontinued;

b) using the audit certificates were erased, corrected, or fake.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) voluntarily sealed, lead clamp, check mark, inspection stamp on the media measure without notice to the competent authority under the provisions;

b) Do change the technical status and characteristics of measurement means of measuring such impacts, tuning, repair, replacement, fitting to add, withdraw remove the device of measuring media or use other devices to correct the error of measuring media exceeds the limit allowed;

c) measuring media usage is wrong, damaged, or incorrect measurement rules on gasoline;

d) using means of measuring gasoline does not have a certificate of inspection, auditing, inspection stamps mark according to the provisions;

DD) does not perform media control measure within the time limit specified at the request of the competent authority;

e) Have other fraud measurement when selling gasoline.

3. additional sanctions: a) deprived of the right to use the certificate of qualified petroleum trading to 12 months for violating the provisions in paragraph 2 of this Article;

b) deprived of the right to use the certificate of qualified petroleum business over 12 months for violating the provisions in paragraph 2 of this Article in case of repeat infringers or re-offending or violated the during the implementation of the price stabilization;

c) confiscated the audit certificate for violating the provisions in point c of paragraph 1, points b and c of paragraph 2 of this Article;

d) seized the means of measuring and other devices for violation of the provisions in points b and c of paragraph 2 of this Article.

4. remedial measures: a) forced the suspension of the offending measuring media usage and implementation of measuring means testing before putting into use for violating the provisions of art. 1, points a, d, e and e account 2 things;

b) Forced to resubmit the State budget of illegal benefits have been due to administrative violations for violating the provisions in points b, c and e account 2 things.

Article 16. Violation of quality petroleum circulation on the market 1. A fine from 10,000,000 20,000,000 to copper copper for general agents, agents, retail gasoline has put gasoline into the quality traffic that does not match the national technical regulation, standards apply.

2. A fine of 20,000,000 30,000,000 VND to Council for one of the following violations: a) the petroleum production business has put gasoline into circulation when put was certified as national technical regulation or does not guarantee the quality of published standards apply;

b) petroleum import business behavior put gasoline into the quality traffic that does not match the national technical regulation, standards apply;

c) Enterprise oil and gas services business has changed the behavior of gasoline quality or cheating on gasoline quality in the process of implementing the service.

3. additional sanctions: a) deprived of the right to use the certificate of qualified petroleum trading or business license for export. importing gasoline to 12 months for violating the provisions in paragraph 1, points a and b of paragraph 2 of this Article;

b) deprived of the right to use the certificate of qualified petroleum trading or business license of exports, imports of gasoline over 12 months for violating the provisions in paragraph 1, points a and b of paragraph 2 of this Article in case of repeat infringers or re-offending or violated the during the implementation of price stabilization.

4. remedial measures: a) Forced to suspend traffic for gasoline has not been certified as national technical regulation or does not guarantee the quality for the violation of the provisions of this Article;


b) forced the recall of the entire amount of petrol has not been certified as national technical regulation or does not ensure quality are circulating on the market for infringement of the provisions of this Article;

c) Forcing switch intended use or recycling of petroleum has the quality doesn't match the national technical regulation, standards applicable to the breach of the provisions of this Article;

d) forced the re-export or destruction of petrol quality is inconsistent national technical regulation, standards apply in the case of failure of the measures specified in point c paragraph 4 this or be harmful to the health, safety, environment.

Section 5 VIOLATED the PROVISIONS of article 17 PETROLEUM BUSINESS. Breach of the distribution system of registration 1. A fine from 5,000,000 to 10,000,000 copper contract for petroleum retail dealer has one of the following violations: a) does not register the distribution system with the State Agency has the authority under the regulations;

b) fraud in the registration Declaration of distribution system.

2. A fine from 10,000,000 20,000,000 to copper copper for total petroleum dealers have one of the following violations: a) does not register the distribution system with the State Agency has the authority under the regulations;

b) fraud in the registration Declaration of distribution system.

3. A fine fellow to fellow 30,000,000 20,000,000 words for production business has a distribution system, the business of export and import of petroleum has one of the following violations: a) does not register the distribution system with the State Agency has the authority under the regulations;

b) fraud in the registration Declaration of distribution system.

4. additional sanctions: deprived of the right to use the certificate of qualified petroleum trading or business license to export or import gasoline to 12 months for violating the provisions of this Article in case of repeat infringers or re-offending.

5. remedial measures: enforce the rules on registration distribution system for violations in this article.

Article 18. Breach of the object bought, sold gasoline 1. A fine fellow to fellow 30,000,000 20,000,000 words for agents, dealers, gasoline retailer behaviour buy, sell petrol with objects outside of the distribution system, except to sell directly to consumers.

2. A fine of 30,000,000 copper to copper 40,000,000 for traders that gasoline sales behaviors to objects outside the distribution network of traders, except for direct sales to industrial households and traders of other clues.

3. additional sanctions: a) deprived of the right to use the certificate of qualified petroleum trading or business license to export or import gasoline to 12 months for violating the provisions of this Article;

b) deprived of the right to use the certificate of qualified petroleum trading or business license of exports, imports of gasoline over 12 months for violating the provisions of this Article in case of repeat infringers or re-offending or violated the during the implementation of price stabilization.

4. remedial measures: enforce the rules of the object bought, selling gasoline for the violation in this article.

Article 19. Traffic violations, receiving agents, business agents gasoline 1. A fine fellow to fellow 30,000,000 20,000,000 words for retail gasoline has acts as agent for retail gasoline exceeded the number of agents or traders clues according to regulations.

2. A fine of 30,000,000 VND to 40,000,000 copper for total petroleum sales agent acts as general agent in excess of the quantity prescribed clue traders.

3. Fine fellow to 40,000,000 50,000,000 Council for one of the following violations: a) the trader that behavior of agents, petrol dealers without a contract agent of gasoline oil business as specified;

b) as business agents, business agents that no contract business agent of gasoline under the rules.

4. A fine of from 50,000,000 to 60,000,000 copper Board for traders clues have signed behaviour of agents, business agents of petroleum enterprises are not eligible for general agency business of gasoline dealers, according to the regulations.

5. remedial measures: enforce the rules regarding agents, petroleum retail dealer for breach of in this article.

Article 20. Infringement on the transfer, to port gasoline 1. Fine copper copper 60,000,000 to 50,000,000 for general agent, reseller, conveyed to port petrol petrol not correct position.

2. A fine of from copper to copper 70,000,000 60,000,000 for traders clues conveyed, to port the gasoline is not the correct location.

3. the remedial measures: Forcing implementation of transfer, to port the gasoline position prescribed for the violation in this article.

Article 21. Infringement on the production, export, import, re-export and import, transfer, export of petroleum and petroleum raw materials 1. A fine fellow to fellow 50,000,000 40,000,000 words for one of the following violations: a) producers of petroleum gasoline exports are not by themselves produce, export processing;

b) petroleum exports when machining is not petroleum production business.

2. A fine of from copper to copper 60,000,000 50,000,000 for export business behavior, import, re-export, import the temporary transfer of petroleum and petroleum production materials when no business license, export and import of petroleum under the regulations or has been deprived of the right to use or is revoked.

3. Fine fellow to fellow 70,000,000 60,000,000 for traders clues have one of the following violations: a) imported gasoline is lower than the minimum limit on the number, categories are the State administration competent in delivery;

b) petroleum production is lower than the registered plan is the State Agency has the authority to confirm every year;

c) imported petroleum raw materials not in accordance with the plan is registered with the State administration authorities.

4. additional sanctions: a) deprived of the right to use the business license of exports, imports of gasoline to 12 months for violating the provisions in points a and c of paragraph 3 of this article;

b) deprived of the right to use the business license of exports, imports of gasoline over 12 months for violating the provisions in points a and c of paragraph 3 of this article in case of repeat infringers or re-offending or violated the during the implementation of price stabilization.

5. remedial measures: Forcing implementation of planned production, the import quota of petroleum, plans to import gasoline production as prescribed for the violation in paragraph 3 of this article.

Article 22. Violation on reserves of petroleum, gasoline production raw material 1. Fine copper copper 60,000,000 to 50,000,000 for petroleum production business has one of the following violations: a) to maintain the level of the reserves of raw materials in production of gasoline is lower than the minimum level according to registered plan with State administration authorities;

b) maintain reserve petroleum circulation level is lower than the minimum levels prescribed in case of delivery systems on the market.

2. A fine of from copper to copper 70,000,000 60,000,000 for export business, importing gasoline reserve level circulation maintained gasoline is lower than the minimum prescribed.

3. additional sanctions: a) deprived of the right to use the business license of exports, imports of gasoline to 12 months for violation of the provisions of point b paragraph 1 and paragraph 2 of this Article;

b) deprived of the right to use the business license of exports, imports of gasoline over 12 months for violation of the provisions of point b paragraph 1 and paragraph 2 of this Article in case of repeat infringers or re-offending or violated the during the implementation of price stabilization.

4. remedial measures: enforce the rules on traffic that gasoline reserves or reserves of raw materials of petroleum for the violation in this article.

Article 23. Violation of rules regarding sign 1. A fine from 10,000,000 20,000,000 for copper to copper acts bearer or improperly record the name traders clues on the petrol delivery of gasoline retailer.

2. A fine of 30,000,000 VND to 40,000,000 for fellow traders clues have not unified regulating behavior enrollment traders clues on the signage of the gasoline retailer in its distribution system.

3. the remedial measures: enforce the provisions on crediting traders clues on signs gasoline retailer for infringement in this article.

Article 24. Violation of regulations on the sale of gasoline 1. A fine from 10,000,000 20,000,000 to copper copper for retail gasoline has one of the following violations: a) not listing the sales at the time of sale;

b) listed the sales time is not clear, easy to see.

2. A fine of 20,000,000 30,000,000 for the copper to copper retail gasoline has one of the following violations: a) cut the sales period than those listed or the previous sales period without good reason;

b) no sales or stop sales without good reason;

c) reduce the amount of goods sold compared to earlier time without good reason.

3. Fine fellow to fellow 50,000,000 40,000,000 for agents, merchants that acts to cut the amount of goods sold compared to earlier time without good reason.

4. additional sanctions: a) deprived of the right to use the certificate of qualified petroleum trading or business license to export or import gasoline 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 qualified petroleum trading or business license of exports, imports of gasoline over 12 months for violating the provisions in paragraph 2 and 3 of this article in case of repeat infringers or re-offending or violated the during the implementation of price stabilization.

5. remedial measures:


Enforce regulations on gasoline sales for violation of in this article.

Article 25. Breach of rules on transport, trade, cross-border petroleum Exchange 1. A fine from 5,000,000 VND to 10,000,000 VND for the shipping acts, trade, exchange of petrol across the border is not properly regulated if petrol worth up to 10,000,000.

2. A fine from 10,000,000 20,000,000 for copper to copper violation in paragraph 1 of this article if worth of gasoline from 10,000,000 to 30,000,000 VND VND on.

3. A fine fellow to fellow 30,000,000 20,000,000 words for violations in paragraph 1 of this article if worth of gasoline from 30,000,000 to 50,000,000. Council on

4. A fine of 30,000,000 VND to 40,000,000 Council for violations in paragraph 1 of this article if worth of gasoline from bronze to copper 70,000,000 50,000,000 on.

5. Fine fellow to 40,000,000 60,000,000 Council for violations in paragraph 1 of this article if worth of gasoline from on board to Board 100,000,000 70,000,000.

6. Fine fellow to fellow 70,000,000 60,000,000 for violations in paragraph 1 of this article if worth of gasoline from 100,000,000 VND upward and did not suffer prejudice criminal liability.

7. additional sanctions: a) confiscated petrol for violation of the provisions of this Article;

b) deprived of the right to use the certificate of qualified petroleum trading or business license to export or import gasoline to 12 months for violating the provisions of this Article;

c) Deprived the right to use the certificate of qualified petroleum trading or business license of exports, imports of gasoline over 12 months for violating the provisions of this Article in case of repeat infringers or re-offending.

d) seized gasoline vehicles for violating the provisions of this Article if one of the following cases: goods of infringing the value from 100,000,000 VND; repeat infringers or re-offense or violation in the duration of the price stabilization; use of non-controlled sea transport it or control sea means not by the State administration authorities; the means being conversion to cargo in violation; behaving evade or hinder the person on duty, except the cases stipulated in the Ordinance on handling administrative violations in 2002 and item 2 article 12 of Decree 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 the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008.

Article 26. Breach of the petroleum trading smuggled gasoline business behavior smuggled applied Article 22 of Decree 6/2008/ND-CP dated 16 January 2008 by the Government on sanctioning administrative violations in trade activities are modified, supplemented by Decree No. 112/2010/ND-CP on 1st December 2010 of the Government to sanction.

Article 27. Violating regulations on management of oil and gas business in border areas 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following violations if the value of gasoline to 10,000,000: a) to transport gasoline in border areas are not properly regulated;

b) traders, the exchange of petroleum on the sea with boats, means catching aquatic products of foreign countries.

2. A fine from 10,000,000 20,000,000 for copper to copper violation in paragraph 1 of this article if worth of gasoline from 10,000,000 to 30,000,000 VND VND on.

3. A fine fellow to fellow 30,000,000 20,000,000 words for violations in paragraph 1 of this article if worth of gasoline from 30,000,000 to 50,000,000. Council on

4. A fine of 30,000,000 VND to 40,000,000 Council for violations in paragraph 1 of this article if worth of gasoline from bronze to copper 70,000,000 50,000,000 on.

5. Fine fellow to 40,000,000 60,000,000 Council for violations in paragraph 1 of this article if worth of gasoline from on board to Board 100,000,000 70,000,000.

6. Fine fellow to fellow 70,000,000 60,000,000 for violations in paragraph 1 of this article if worth of gasoline from 100,000,000 VND upward and did not suffer prejudice criminal liability.

7. Fine from 10,000,000 20,000,000 for copper to copper retail gasoline in border areas have one of the specified violations of business manager petrol in border areas due to Industry issued that are not yet regulated in this Decree.

8. additional sanctions: a) confiscated petrol for violation of the provisions of this Article;

b) deprived of the right to use the certificate of qualified petroleum trading to 12 months for petroleum retail outlets have breach of the provisions of this Article;

c) Deprived the right to use the certificate of qualified petroleum business over 12 months for petroleum retail outlets have breach of regulations in this in the case of violation or re-offending or breach in duration price stabilization.

9. the remedial measures: enforce the rules of business manager petrol in border areas for the violation in this article.

Chapter III jurisdiction, PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS REGARDING PETROLEUM TRADING Article 28. The authority sanctioning administrative violations of the people's Committee of the people's Committee Chairman the authority to sanction the administrative violations of trading of gasoline specified in this Decree according to the jurisdiction provisions in the Ordinance handling administrative violations in 2002 revised supplemented in 2008.

Article 29. 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 trading of gasoline 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 of qualified petroleum trading;

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 of qualified petroleum trading or business license of exports, imports of gasoline;

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

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

Article 30. 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 trading of gasoline specified 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 31. Principle of determining the right to sanction and sanction authorized administrative violations regarding petroleum trading principles determining the jurisdiction and authorized sanctions sanctioning administrative violations regarding petroleum trading 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.

Article 32. Procedure for sanctioning of administrative violations, enforce the decision sanctioning administrative violations and other regulations related to sanctioning administrative violations regarding petroleum trading sanctions procedures of administrative infringement, enforce the decision sanctioning administrative violations and other regulations related to sanctioning administrative violations regarding petroleum trading be done in accordance in the 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 IV the TERMS OF IMPLEMENTATION of Article 33. Effect 1. The Decree has effect from January 1, 2012.

2. Annuls Article 10, Decree No. 107/2008/ND-CP of September 22, 2008 by government regulation of administrative sanction acts of speculation, plunged the excessive price increases, cargo, courier lost the total loss, smuggling and trade fraud.

Article 34. 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.