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The Decree 143/2006/nd-Cp: Regulations Sanctioning Administrative Violations In The Field Of Oil And Gas

Original Language Title: Nghị định 145/2006/NĐ-CP: Quy định xử phạt vi phạm hành chính trong lĩnh vực dầu khí

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Decree sanctioning administrative violations in the field of oil and gas _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of oil and gas on July 6th, 1993 and law amendments and supplements to some articles of the law on petroleum 9 June 2000;
Basing the Ordinance on administrative violations processing 2 July 2002;
Considering the recommendation of the Minister of industry.
 
The DECREE chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violation, sanctions, fines, sanctions and procedures authority sanctioning administrative violations in the field of oil and gas.
2. Administrative violations in the field of oil and gas is intentional or unintentional acts violating the provisions of the State administration of petroleum that is not a crime and under the provisions of this Decree are sanctioned administrative offense, including: a) violated the rules of search activity , the exploration and exploitation of oil and gas;
b) breached the rules on safety, security and the environment in the oil and gas sector;
c) infringe regulations on reporting, provides information and other regulations in the State management of activities in the oil sector.
3. The administrative violations in the scope of the law, not specified in this Decree which are related to the oil sector, the implementation of administrative sanctions as stipulated in the legal text.
Article 2. Application object 1. Organization, Vietnam had individual administrative violations in the field of oil and gas, the sanctioned under the provisions of this Decree and the other provisions of the law on sanctioning administrative violations are concerned.
2. individual organizations abroad have administrative violations in the field of oil and gas in the territory, exclusive economic zone, the continental shelf of the Republic of Vietnam, the Socialist sanctioned under the provisions of this Decree; in the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations made under international treaties.
3. Minors have administrative violations in the field of oil and gas, the sanctioned under the provisions of article 7 of the Ordinance on handling administrative violations.
Article 3. The principle of sanctioning administrative violations the principle of sanctioning administrative violations in the field of oil and gas are made according to the provisions of article 3 of the Ordinance on handling administrative violations and article 3 of the Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
Article 4. Time sanctioning administrative violations 1. Time sanctioning administrative violations in the field of oil and gas is one year from the date of the administrative offense was made. If the duration on that new administrative violations are detected, then no sanctions but still apply remedial measures specified in this Decree.
2. for individuals who have been prosecuted, indicted or had decided to put the case violates the law on trial under criminal proceedings but then decided to suspend the investigation or the suspension of the case which have sign violations administrative violations in the field of oil and gas, the sanctioned administrative offense. Within three days from the date of the decision to suspend the investigation, the suspension of the case, decide to send the decision to the person who has the authority to sanction. In this case, time sanctioning administrative violations is three months from the date the competent sanctions get decided to suspend and records violations.
3. Within the time limit specified in paragraph 1 and paragraph 2 of this Article if the Organization, individuals are new administrative violations in the field of oil, gas, or willfully evading, obstructing the sanctions do not apply time limits prescribed in clause 1 and 2 of this Article. Time limits are counted back the sanctions since the time of implementation of new administrative violation or termination acts impedes evading sanctions.
4. Authority sanctioning administrative violations if there are errors in the sanction, the time too to be dealt with according to the provisions of article 121 of the Ordinance on handling administrative violations.
Article 5. The time limit is considered to be not yet sanctioned administrative offense time limit are considered not yet sanctioned administrative offense was made according to the provisions in clause 1 article 11 of Ordinance on handling administrative violations and article 7 Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling violations Administration.
Article 6. Extenuating circumstances, aggravating extenuating circumstances, aggravation in sanctioning administrative violations in the field of oil and gas are made according to the provisions of article 8 and 9 of the Ordinance on handling administrative violations and article 6 Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
Article 7. The sanctions administrative violations 1. For each administrative violations in the field of oil and gas, organizations, individuals with administrative violations suffered one of the sanctions: a) caution;
b) fine.
2. When a fine, level specific fines for administrative violations is the average of the frame of the fines prescribed for offences. The event of extenuating circumstances, the level of the fine may be reduced but not excessive reduction of minimum fine frame. Case of aggravation, the level of the fine may be increased but not exceed the maximum level of fine frame.
3. Depending on the nature and extent of the violation, the Organization, individuals are also violations can be applied one or the additional sanctions: a) deprived of the right to use the license, certificate of practice;
b) confiscated exhibits, the means used to administrative violations.
4. Depending on the nature and extent of the violation, the Organization, the individual breach also were forced to apply one or more remedial measures specified in the articles of chapter II of this Decree.
Chapter II the FORM and EXTENT of SANCTIONING ADMINISTRATIVE VIOLATIONS in the FIELD of OIL and GAS 1 BREACHED RULES of SEARCH ACTIVITY, exploration and EXPLOITATION OF OIL and GAS article 8. Violating the rules of search operations, oil exploration 1. Caution or a fine from 200,000 to 500,000 Dong Dong for acts not work programming respectively sent bodies, competent organization according to each phase matching in the petroleum contract commitment of time, work, and financial content.
2. A fine of 80 million to 100 million dong VND for one of the following violations: a) conducted search operations, oil exploration when the overall project and project details have yet to be approved by the authority;
b) does not submit documents and specimens are in the process of drilling for the competent authorities;
c) extends the duration of the search phase, the probe without the permission of the competent authority;
d) retain gas detection area has the ability to trade without the consent of the Prime Minister;
DD) conducted search operations, oil exploration in the area of State declared banned or temporarily banned.
e) Drilling out oil and gas contract area without the permission of the competent authority.
3. A fine of 300 million to 500 million dong VND for acts violating territorial waters, the contiguous zone, the exclusive economic zone and the continental shelf of the Socialist Republics Vietnam aims to research, seeking oil and gas exploration.
4. additional sanctions: confiscated exhibits, the means used to administrative violations set forth in paragraph 3 of this article.

5. remedial measures: Forcing the correct implementation of the provisions of the law for the breach referred to in points a, b paragraph 2 of this Article.
Article 9. Violation of regulations on the development of mining activities and oil and gas extraction 1. Caution or a fine from 200,000 to 500,000 Dong Dong for one of the following violations: a) Not work programming respectively sent bodies, competent organizations;
b) not store bookkeeping records of the work measuring the total flow measuring device or test equipment prescribed traffic;
2. A fine of 20 million to 30 million đồng VND for one of the following violations: a) allocation of oil production from the mine's Wells cluster based on the scale of individual wells did not fit with the system of lines and process allocation was approved;
b) non-standard tuning and maintaining the standard of all the measurement and correction of water metering, traffic, gas measurement standard, periodic mode has been approved by the Agency, the competent organizations;
c) conducted the operation to repair the well or handle to increase product line without the approval of the Agency, the competent organizations;
d) proceed to oil and gas extraction from the two seams back up by a harness or a general wells without measuring the traffic of each own seams when not yet approved by the Agency, the competent organizations;
DD) When conducting the exploitation of multiple seams have been approved without measuring the total flow of pedestrian traffic and identify the product exploitation of each separate seams.
3. A fine of 40 million to 60 million đồng VND for one of the following violations: a) oil and gas extraction with output reduces pressure seams down lower pressure level has been approved by the Agency, the competent organizations;
b) does not make provisions regarding the safety valve in the well;
c) for mine at the request of the competent State agencies;
d) excluding petroleum reserves back under the rule of law;
DD) Don't make rules about measuring or surveying the pressure seams;
e) Don't make rules about obtaining and analyzing patterns;
g) does not perform the correct regulation of the extraction tube and the tube against exploitation;
h) does not guarantee the well head equipment and pine trees in accordance with the law;
I Pump the fluid into the seams) follow the network of wells and pump the other seams with pump wells pressed seams and network have been approved;
k) Not done properly the process of combustion and discharge gas;
l) during the testing of wells that exploit the excess volume has to be bodies, competent organization allows burning or destruction;
m) gas extraction in the case of gas oil rate is higher than the limit was approved without the approval of the Agency, the competent organization.
4. A fine of 80 million to 100 million dong VND for one of the following violations: a) conducted of mining development activities and oil and gas extraction when the mine development plan has not yet been approved by the competent authority;
b) does not make the request of the Government of Vietnam on the sale of crude oil market in Vietnam;
c) Don't make the right content overall plan and oil and gas development plan was being held, the Agency has the authority to approve;
d) conducts oil and gas exploration activities in areas where the State claims the banned or temporarily banned;
DD) oil and gas extraction beyond the contract area when not yet competent State agencies allow.
5. A fine of 300 million to 500 million dong VND for acts violating territorial waters, the contiguous zone, the exclusive economic zone and the continental shelf of the Socialist Republics Vietnam aimed at oil and gas extraction.
6. In addition to the fines, the organizations and individuals violating can also be applied to additional sanctions: confiscated exhibits, the means used to administrative violations with regard to the behaviour defined in points c, d and DD item 2; point a, h and m paragraph 3; points a, d and DD clause 4 and clause 5 of this Article;
Article 10. Violation of operation to end oil and gas projects 1. A fine of 40 million to 60 million contract from the Council for the behavior when conducting search operations, exploration and exploitation of oil and gas without the State administration competent programs, planning, cost estimation for the scrapped fixed works serves the search activity , the exploration and exploitation of oil and gas.
2. A fine of 80 million to 100 million dong VND for one of the following violations: a) proceed to scrap the fixed works serves the search activity, exploration and exploitation of oil and gas when the program, planning, cost estimation for the scrapping of the works that have not been the State Agency has the authority to approve;
b) does not make rules about preserving and discard the oil and gas drilling rigs.
Section 2 VIOLATION of SAFETY RULES, safety and ENVIRONMENT in OIL and GAS SECTOR article 11. Violation of safety rules, petroleum security 1. Caution or a fine from 200,000 to 500,000 Dong Dong for behavior crops safe corridors in the oil and gas works on the land.
2. A fine of 20 million to 30 million đồng VND for one of the following violations: a) Not set up the safe corridors around oil and gas works as specified by the competent authority;
b) undertook building works, use of fire equipment, ceiling heat, fire and other activities in the safe corridors, oil and gas works on land harm oil and gas works;
c) means ships, the boat anchored within 2 nautical miles from the outer edge of the marine oil and gas works;
d) unauthorized intrusion or conducted any activities in the form of oil and gas safety of the construction of oil and gas in the sea when not yet Prime allows;
DD) using the average of the pressure, the average fire is designed and installed not according to the standard rules;
e) does not comply the regulations about checking the valves, sensor devices;
g) using the equipment, the average split, the kind of pressure vessels, pumps, compressors, pipes, parts of the line (manifold), the head of wells and other oil and gas extraction device when the device is not yet protected by a secure system;
h) installation of emergency valves Not at the top of the well and the pine trees or use emergency valves did not meet the prescribed standards;
I) Don't make rules about the distance the latest diesel on the Mainland;
k) use of offshore mining works when the system of pipelines and related equipment were designed and installed according to the prescribed standards;
l) do not connect the exhaust pressure valve and liquid hydrocarbons processing equipment with the average sedimentation or water tanks or barrels to rubber can earn enough to accommodate the largest liquid volume can escape before the system is securely closed;
m) Not fitted alarm devices being capable of telling everyone on the works in situations that could be dangerous for the person, for or harmful to the natural environment as specified.
3. A fine of 80 million to 100 million dong VND for one of the following violations: a) Not set or does not maintain system security management during operation from the design, construction, testing, operation, exploitation and abandoned works;
b) Not set up an emergency response plan;
c) emergency rescue plan does not match the emergency rescue system for countries.
4. In addition to the fines, the organizations and individuals violating can also be applied to additional sanctions and remedial measures for the following:

a) confiscated exhibits, the means used to administrative violations in the petroleum activities with regard to the behaviour defined in points b, d, e and e account 2 things;
b) Forced to restore original state has been changed due to administrative violations caused or forced dismantling unauthorized building works for violation of the provisions of paragraph 1; point b paragraph 2 of this Article.
Article 12. Violation oil spill response 1. A fine of 15 million dong to 20 million from the Council for not building behavior plans oil spill response course of the competent authority approval.
2. A fine of 20 million to 30 million đồng VND for one of the following violations: a) Not proceed with signing the agreement, the contract for oil spill response organizations and individuals made this activity according to the approved plan;
b) Don't buy liability insurance environmental damages to the device, the media has the ability to cause the spill.
Article 13. Violation of safety rules for gas transport pipeline on land 1. 5 million to 10 million dong fine copper for acts of blasting, quarrying within the area of influence, from the boundaries of safe corridors to the boundary areas of influence.
2. A fine of 20 million to 30 million contract for one of the following violations: a) does not make rules about the thickness;
b) does not make rules about the depth of the underground pipes;
c) Don't make rules about the design, the construction of new pipelines;
d) standard design changes when not yet competent State agencies;
DD) no safety management program for each stage of the construction process, trials and testing works;
e) Doesn't build procedures, and processes related to the operation and maintenance of the pipeline;
g) does not recalculate the maximum operating pressure as specified by law;
h) do not plan maintenance, inspect, repair damaged;
I) Not held to store information, data about the operation, accidents, incidents, losses, as well as information about the survey, repair, inspection results, patrol techniques, processing text in violation and the remedy;
k) Don't maintain pipeline signs in places where it is necessary to install a sea warning, warning and sea boundary piles;
l) with no methodology design and construction measures are approved by the authorities in the area of intersection through the strip of land the pipeline or pipeline safety corridor.
3. In addition to the fines, the organizations and individuals in violation can be confiscated exhibits, the means used to administrative violations in the oil and gas activity for the acts specified in paragraph 1 of this article.
Article 14. Violation of the regulations on environmental protection 1. 5 million to 10 million dong fine bronze for one of the following violations: a) Not done properly the provisions on recording and reporting the status of the physical environment;
b) Not done properly the provisions on water extraction from the seams;
c) No officer in charge of environmental protection.
2. A fine of 40 million to 60 million đồng VND for the behavior using the drilling fluids, chemicals harmful or dangerous to the State administration authorities.
3. In addition to the fines, the organizations and individuals in violation can be confiscated exhibits, the means used to administrative violations in the oil and gas activity for the acts specified in point b of paragraph 1, paragraph 2 of this Article.
Section 3 VIOLATION of REGULATIONS on the REPORTING REGIME, PROVIDES INFORMATION and OTHER PROVISIONS article 15. Violation of the regulations on the inspection, test and hinder legitimate activity in search, exploration, extraction and transport of oil and gas 1. A fine from 1.000.000 VND to 2 million VND for the acts do not provide the materials, impedes the operation check, inspection of oil and gas of the duty and of State administration authorities.
2. A fine of from 5 million to 10 million dong VND for the acts impedes the conduct lawful search activities, exploration, extraction and transport of oil and gas.
Article 16. Violation of the provisions of the report and provide information from the 5 million dong fine to 10 million contract for one of the following violations: 1. Do not report results appeals for the Agency, the competent organization.
2. Non-registered oil and gas reserves worth approved with the Agency, the competent organization.
3. no report on the results of measuring of parameters in mining wells.
4. no periodic report on mining production, composition, proportion of oil and gas exploitation are of each mine, each object extraction for the Agency, the competent organization.
5. Do not send the content related to the air flow meter businesses as specified.
6. Do not report the documents related to the processes, equipment, who performed the operation to repair the well or handle to increase product line.
7. Not full and timely notice to the Agency, the competent organizations and owners of works about the risk can affect gas transportation pipeline safety for work in the area of influence.
8. Do not inform the Agency, the competent organization when burning or destruction of oil to deal with an emergency situation.
9. Do not send the competent agency reported oil and gas reserves.
10. Do not send the competent State agencies of the following text: the oil and gas activity plans, annual and long term; General report on the implementation and results of operations of oil and gas quarterly, annually; report the implementation of economic projects, techniques on oil and gas activities; report important events, issues related to oil and gas activities.
Chapter III the JURISDICTION and SANCTION PROCEDURE section 1 article 17 SANCTIONS AUTHORITY. The authority sanctioning administrative violations of specialized industrial inspection 1. Industrial inspectors are on duty have the right: a) caution;
b) a fine of up to 200,000;
c) confiscated exhibits, the means used to administrative violations worth up to 2 million;
d) apply remedial measures specified in chapter II of this Decree.
2. The Chief Inspector of the Department of industry has the right to: a) caution;
b) a fine of up to 20 million VND;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures specified in chapter II of this Decree.
3. The Chief Inspector of the Ministry of industry has the right to: a) caution;
b) impose a fine to a maximum 100 million;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures specified in chapter II of this Decree.
Article 18. The authority sanctioning administrative violations of the people's Committee Chairman granted the town 1. Caution.
2. A fine of up to 500,000 VND.
3. the confiscated exhibits, the means used to administrative violations worth up to 500,000 VND.
4. Apply remedial measures specified in chapter II of this Decree.
Article 19. The authority sanctioning administrative violations of the people's Committee Chairman granted the district people's Committee Chairman district level have the right to: 1. Caution.
2. A fine of up to 20 million dong.
3. the confiscated exhibits, the means used to administrative violations.
4. Apply remedial measures specified in chapter II of this Decree.
Article 20. The authority sanctioning administrative violations of the people's Committee Chairman granted the province people's Committee Chairman granted the province has the right to: 1. Caution.
2. the maximum fines in respect of the acts specified in this Decree.
3. the confiscated exhibits, the means used to administrative violations.

4. Apply remedial measures specified in chapter II of this Decree.
Article 21. The authority sanctioning administrative violations in the field of oil and gas of the body, the force other than those authorized sanction provisions from article 17 to article 20 of this Decree, the authority sanctioning administrative violations by other agencies under the provisions of the Ordinance on handling administrative violations in the function , tasks, if it detects the administrative violation prescribed in this Decree in the fields or areas of management, also has the right to sanction but must follow correctly the provisions of article 42 of the Ordinance on handling administrative violations.
Article 22. Delineate the authority sanction 1. Inspection of industrial punishments for violations of administrative regulations in this Decree and the other administrative violations related to the oil and gas sector is regulated in the Government Decree on sanctioning of administrative violations.
2. The President of the people's Committee issued fines for administrative violations in the field of oil and gas that occurs within their local management.
3. in case of violation of the administrative regulations in this Decree sanctioning jurisdiction of many agencies, the sanction by the Agency accepting the first made.
Section 2 PROCEDURES for SANCTIONING of ADMINISTRATIVE VIOLATIONS to article 23. Suspension of administrative violations When detected administrative violations or get reports, minutes of administrative violations in the field of oil and gas, the sanctioning authority to check, verify, ordered the suspension of right violations.
Article 24. Set the minutes of administrative violations 1. Competent person is duty, the public service must promptly set up the minutes of administrative violations, unless sanctioned by the form of caution, a fine of up to 100,000 dong.
2. The minutes of administrative violations must comply with the provisions of article 55 of the Ordinance on handling administrative violations and article 20, Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
Article 25. The decision to sanction 1. The decision to sanction according to the simple procedure is done according to the provisions of article 54 of the Ordinance on handling administrative violations.
2. Decision sanctioning administrative violations, except in cases specified in paragraph 1 of this article is made according to the provisions of article 56 of the Ordinance on handling administrative violations and article 21 Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations. 
Article 26. Fine procedure 1. Procedure for fines, currency lodging fines made under the provisions of article 57 and article 58 of the Ordinance on handling administrative violations.
2. The Ministry of finance, in cooperation with the Ministry of industry detailed guide about the procedure of collecting, fine, manage and use proceeds from sanctioning administrative violations in the field of oil and gas.
Article 27. Executive decision sanctioning administrative violations, the postponement decided to impose a fine of 1. The Organization, individuals sentenced to administrative violations must accept the punishment decision according to the provisions of article 64 of the Ordinance on handling administrative violations and article 22 of Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
2. Individual fines from 500,000 Dong or over could be postponement decision to sanction prescribed in article 65 of the Ordinance on handling administrative violations.
Article 28. Coercive enforcement of the decision sanctioning administrative violations and transferred the decision sanctioning administrative violations to enforce 1. The coercive enforcement of the decision sanctioning administrative violations are made according to the provisions of article 66 and article 67 of the Ordinance on handling administrative violations and Decree No. 37/2005/ND-CP of March 2005 of the Government regulating the procedure of applying coercive measures to enforce the decision sanctioning administrative violations.
2. The transfer decision sanctioning administrative violations to enforce are made according to the provisions of article 68 of the Ordinance on handling administrative violations and article 27 Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations.
Article 29. Transfer decision sanctioning administrative violations to enforce 1. In the case of organizations, individuals with administrative violations in a locally but reside, or in other local executive conditions without sanction decisions in administrative violations where sanctioned, sanction decisions are transmitted to the competent bodies sanctioning administrative violations the same level where individual where the organisation is headquartered to enforce. The case where the individual resides, which hosts the headquarters has no competent authority sanctioning administrative violations the same level then decided to sanction was moved to the people's committees at district level to organize implementation. The record sanctioning administrative violations by the Agency issued the decision violated the sanctions.
2. The Agency received the decision sanctioning administrative violations moved to have the responsibility to communicate the decision to sanction and organize the enforcement for the Organization, individuals sanctioned under the provisions of article 64 of the Ordinance on handling administrative violations and reported the results to the agency decision to transfer knowledge.
3. The transfer decision sanctioning administrative violations applied to forfeit money. The additional sanctions, remedial measures (if any) must be made immediately at the place of infringement. Cases of involuntary audience Executive or non-executive terms remedial measures (if available) the costs for the implementation of which was clearly on the decision to sanction the transfer decision to sanction.
Article 30. Apply measures to prevent violations and ensure administrative sanctioning administrative violations 1. Measures to prevent administrative violations and ensure the sanctioning administrative violations and the application of the measures prescribed in article 43 of the Ordinance on handling administrative violations.
2. Competence, order and procedures apply measures to prevent violations and ensure the administrative sanctioning administrative violations in the field of oil and gas are made according to the provisions of articles 44, 45, 46, 47, 48, 49 of the Ordinance on handling administrative violations.
Article 31. Time limits enforced decision sanctioning administrative violations During execution of decision sanctioning administrative violations in the field of oil and gas is one year from the date of the decision to sanction; This period too that the decision not be enforced does not enforce sanctions decision again, but still apply remedial measures are stated in the decision.
In the case of organizations, individuals sentenced to deliberately evade, delay the enforcement of the sanction decision time comes on count back from the end point behaviour to evade, delay.
Chapter IV COMPLAINTS, accusations, reward, treat breach of article 32. The complaint, report 1. The Organization, individuals sentenced to administrative violations or their legal representatives have the right to complain against the decision sanctioning administrative violations, decided to apply the preventive measures and ensure the handling of administrative violations. The appeal decision sanctioning administrative violations do not suspend enforcement of the decision on sanctioning administrative violations in the field of oil and gas.

2. Citizens have the right to report to the competent State agencies of the Organization, the individual with administrative violations specified in this Decree and the accused person have the authority sanctioning administrative violations to abuse powers, make left to the provisions of this Decree.
3. The authority, the time limit, the grievance procedure, the report and the resolution of complaints, denunciations of the citizens is done according to the provisions of the law on complaints and denunciation.
4. The petitioner for the decision sanctioning administrative violations, decided to adopt measures to prevent and sanction secured administrative violations in the field of oil and gas are made according to the provisions of the law on the procedure of resolving administrative cases.
Article 33. Rewards organizations, individual achievement in providing information, detection, containment, handling administrative violations in the field of oil and gas are rewarded in a timely manner as prescribed by law.
Article 34. Handle violation 1. Authority sanctioning administrative violations in the field of oil and gas if the abuse of authority, harassment, tolerate, cover the breach, not sanctions or no sanctions, no timely, authoritative beyond sanctions, depending on the nature and extent of the violation will be disciplined or arrested save for criminal liability If the damage to the State, citizens, organizations must be compensated according to the provisions of the law.
2. organizations and individuals who have administrative violations of the provisions of this decree if not voluntarily made the decision to sanction the coerced implementation; the case made the administrative violation acts impedes that, against the person on duty or using deceptive tricks, bribes to postpone, evade the inspection, control or sanction abuses of authority, then, depending on the nature and extent of the violation which dealt with administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Chapter V ENFORCEMENT PROVISIONS Article 35. Effective enforcement of this Decree has effect after 15 days from the date The report. Abolition Article 71 and article 72 of Decree 48/2000/ND-CP dated 12 September 2000 by the Government on the detailed implementation of the law of oil and gas.
Article 36. Responsibility 1. The Minister of industry is responsible for guidance, implementation and examine the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.