Power to impose penalties of inspectors for administrative violations against regulations on petroleum, petrol and oil trading in Vietnam

According to Article 62 of Decree No. 99/2020/ND-CP of Vietnam’s Government, the power to impose penalties of inspectors for administrative violations against regulations on petroleum, and petrol, oil and gas trading is as follows:

1. Inspectors and persons on duty assigned to carry out specialized inspections are entitled to:

- impose a maximum fine of VND 500,000 and VND 1,000,000 on an individual and an organization respectively;

- confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point a of this Clause;

- enforce the remedial measures mentioned in Point a Clause 3 Article 4 hereof.

2. Chief Inspectors of Provincial Departments and equivalent titles assigned by the Government to carry out specialized inspections are entitled to:

- impose a maximum fine of VND 50,000,000 and VND 100,000,000 on an individual and an organization respectively;

- suspend the petrol and oil trading license or the gas trading license or suspend the operation;

- confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point a of this Clause;

- enforce the remedial measures mentioned in Clause 3 Article 4 hereof.

3. Chief Inspectors of Ministries, ministerial agencies, Director General of Directorate for Standards, Metrology and Quality, Director General of General Department of Geology and Minerals of Vietnam, Director General of Vietnam Environment Administration, Director General of Vietnam Chemicals Agency, Director General of Industrial Safety Techniques and Environment Agency and equivalent titles assigned by the Government to carry out specialized inspections are entitled to:

- impose a maximum fine of VND 1,000,000,000 and VND 2,000,000,000 on an individual and an organization respectively in the case of the violations specified in Chapter II of this Decree; impose a maximum fine of VND 100,000,000 and VND 200,000,000 on an individual and an organization respectively in the case of other violations specified in this Decree;

- suspend the petrol and oil trading license or the gas trading license or suspend the operation;

- confiscate the exhibits and instrumentalities used for administrative violation commission;

- enforce the remedial measures mentioned in Clause 3 Article 4 hereof.

4. Chiefs of provincial inspectorates and chiefs of inspectorates of regulatory agencies assigned to carry out specialized inspections are entitled to impose penalties as prescribed in Clause 2 of this Article.

5. Chiefs of ministerial inspectorates are entitled to:

- impose a maximum fine of VND 250,000,000 and VND 500,000,000 on an individual and an organization respectively in the case of the violations specified in Chapter II of this Decree; impose a maximum fine of VND 70,000,000 and VND 140,000,000 on an individual and an organization respectively in the case of other violations specified in this Decree;

- suspend the petrol and oil trading license or the gas trading license or suspend the operation;

- confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point a of this Clause;

- enforce the remedial measures mentioned in Clause 3 Article 4 hereof.

View more details at Decree No. 99/2020/ND-CP that was issued on August 26, 2020 by Vietnam’s Government.

Le Vy

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