Power to impose penalties of Vietnam’s customs for administrative violations against regulations on petroleum

On August 26, 2020, the Government of Vietnam issued Decree No. 99/2020/ND-CP on penalties for administrative violations against regulations on petroleum, and petrol, oil and gas trading.

Thẩm quyền của Hải quan xử phạt VPHC trong lĩnh vực dầu khí , Nghị định 99/2020/NĐ-CP

 

According to Article 60 of Decree No. 99/2020/ND-CP of Vietnam’s Government, the power to impose penalties of the customs for administrative violations against regulations on petroleum, and petrol, oil and gas trading is as follows:

1. Directors of Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, leaders of customs enforcement teams affiliated to provincial, inter-provincial or city Customs Departments, smuggling prevention team leaders, leaders of customs control teams at sea and leaders of intellectual property right protection teams of the Smuggling Investigation and Prevention Department of the General Department of Customs are entitled to:

- impose a maximum fine of VND 25,000,000 and VND 50,000,000 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 Points b, d, dd and e Clause 3 Article 4 hereof.

2. Director of Smuggling Investigation Department, Director of Post-clearance Inspection Department affiliated to the General Department of Customs and Directors of provincial, inter-provincial or city Customs Departments 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 Points b, d, dd and e Clause 3 Article 4 hereof.

3. Director General of General Department of Customs is entitled to:

- impose a maximum fine of VND 100,000,000 and VND 200,000,000 on an individual and an organization respectively;

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

- enforce the remedial measures mentioned in Points b, d, dd and e 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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