What are penalties for using the falsified certificate of eligibility to act as a gas trader in Vietnam?
What are penalties for using the falsified certificate of eligibility to act as a gas trader in Vietnam? What are penalties for a petrol and oil distributor in Vietnam who uses petrol and oil transport vehicles but does not own it?
I am an oil trader. When the inspection team entered to inspect my petroleum distribution activities, the inspection team discovered that I was using falsified certificate of eligibility to act as a gas trader. Can you tell me what are penalties for this act?
Thankyou for advice.
1. What are penalties for using the falsified certificate of eligibility to act as a gas trader in Vietnam?
In Article 38 of Decree 99/2020/ND-CP on violations against regulations on conditions to be satisfied by gas traders, according to which:
1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed on a gas trader for any of the following violations:
a) Having gas tanks that fail to satisfy the safety regulations as prescribed;
b) Having LPG bottles that fail to satisfy all conditions for circulation on the market;
c) Failure to have gas tanks or conclude a contract for hiring gas tanks or LPG bottles as prescribed.
2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following violations, except for the case specified in Clause 2 Article 39 hereof:
a) Trading gas without having a certificate of eligibility to act as a gas trader or with an expired certificate of eligibility for acting as gas trader or after the suspension or revocation of such certificate;
b) Using the falsified certificate of eligibility to act as a gas trader;
c) Leasing/lending or renting/borrowing the certificate of eligibility to act as a gas trader.
3. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on a trader trading gas through pipelines without having a gas supply station that satisfies the safety conditions as prescribed.
4. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed on:
a) an LNG trader that does not have an LNG supply station or LNG filling stations for means of transport which fully satisfies the safety and fire safety conditions as prescribed; or
b) a CNG trader that does not have a CNG tank truck, CNG compressor station, CNG filling station or CNG filling stations for means of transport which fully satisfies the safety and fire safety conditions as prescribed.
5. Additional measures:
a) The exhibit used for committing the violation mentioned in Point b Clause 2 of this Article shall be confiscated;
b) The certificate of eligibility to act as a gas trader shall be suspended for 01 - 03 months if the any of the violations specified in this Article is committed;
c) The trading in gas through pipelines shall be suspended for 01 - 03 months if the violation in Clause 3 of this Article is committed.
6. Remedial measures:
The violator is compelled to:
a) recall LPG bottles that fail to satisfy the conditions for circulation on the market if the violation specified in Point b Clause 1 of this Article is committed;
b) return the illegal profits obtained from the violation specified in Clause 2 of this Article.
As such, you will be fined from VND 60,000,000 to VND 80,000,000, and at the same time suspended of the right to use the certificate of eligibility to act as a gas trader from 01 month to 03 months in Vietnam. Returning illegally obtained and falsified certificate to the agency or competent person granted.
2. What are penalties for a petrol and oil distributor in Vietnam who uses petrol and oil transport vehicles but does not own it?
Pursuant to Article 17 of Decree 99/2020/ND-CP on violations against regulations on trading conditions to be satisfied by petrol and oil distributors, according to which:
1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for employing the manager or staff who has not been trained in fire safety and environmental protection as prescribed, except for the case prescribed in Point c Clause 1 Article 14 hereof.
2. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following violations:
a) Failure to satisfy the conditions for petrol and oil transport vehicles as prescribed;
b) Failure to satisfy the conditions for petrol and oil depots and tanks as prescribed.
3. A fine ranging from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following violations:
a) Failure to satisfy the conditions for the petrol and oil distribution system as prescribed;
b) Failure to satisfy the conditions for testing laboratories as prescribed.
4. Additional measures:
The certificate of eligibility to act as a petrol and oil distributor shall be suspended for 01 - 03 months if the violation specified in Clause 2 or 3 of this Article is committed.
According to this Article, if there is a petrol and oil transport vehicle but not owned by the enterprise, which is considered unsatisfactory for the means of transport, you will be fined from VND 40,000,000 to VND 60,000,000 and also be suspended of the right to use the ertificate of eligibility to act as a petrol and oil distributor from 01 to 03 months in Vietnam.
Best Regards!
