Heavy fines imposed on gas trading establishments for failing to provide training for employees in Vietnam

This is the notable content specified in Decree 99/2020/ND-CP on penalties for administrative violations against regulations on petroleum, and petrol, oil and gas trading in Vietnam, which comes into force from October 11, 2020.

Heavy fines imposed on gas trading establishments for failing to provide training for employees in Vietnam
Heavy fines imposed on gas trading establishments for failing to provide training for employees in Vietnam (Internet image) 

Article 45 of Decree 99/2020/ND-CP stipulates penalties for violations against regulations on gas trading committed by gas traders in Vietnam as follows:

- A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

+ Failure to provide or hire an organize to provide training in safety techniques to employees at the gas trading establishment as prescribed;

+ Employing the manager or staff who has not been trained in safety techniques and fire safety as prescribed to work at the gas trading establishment;

+ Failure to develop a safety management program, a risk assessment report and an emergency response plan as prescribed;

+ Failure to report the distribution system, trademarks, gas import, export and gas trading on market to the Ministry of Industry and Trade or failure to do so within the prescribed time limit;

+ Failure to include adequate information about bottled liquefied petroleum gas (LPG) in the logbook or electronic database applying information technology to monitor bottled LPG sold to other LPG traders or users: owner, bottle type, bottle serial number, bottle inspection date, name and address of the purchaser or user and delivery date of bottled LPG.

- A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following violations:

+ Failure to carry out technical inspection of occupational safety as prescribed of LPG bottles, gas tanks, LPG-fueled auxiliary equipment, LNG and CNG trading auxiliary equipment owned by traders;

+ Failure to stipulate selling prices for gas and bottled LPG offered to traders in the network under the management as prescribed;

+ Trading bottled LPG without preparing a logbook or developing an electronic database applying information technology to monitor bottled LPG sold to other LPG traders or users;

+ Selling gas or bottled LPG to traders who fail to fully satisfy the gas trading conditions as prescribed.

- A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following violations:

+ Failure to carry out inspection, maintenance and replacement of LPG bottles and gas-fueled auxiliary equipment which are not safe for users;

+ Illegally impounding, purchasing, selling, exchanging, storing or collecting LPG bottles which are not under ownership without concluding an LPG bottle sale contract or LPG bottle lease contract or without reaching an agreement on exchanging LPG bottles with the owner, except for case where a filling service provider is hired;

+ Purchasing or selling LPG bottles and bottled LPG failing to satisfy the conditions for circulation on the market.

+ Concluding a gas sale contract with a gas exporter or importer or gas trader that does not have the certificate of eligibility to act as a gas exporter or importer or the certificate of eligibility for to act as a gas trader as prescribed or concluding a gas sale contract with a gas producing and processing entity that fails to fully satisfy the gas trading conditions as prescribed.

More details can be found in Decree 99/2020/ND-CP, issued on August 26, 2020.

Le Vy

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