Vietnam: Power to impose penalties of People's Public Security Force for administrative violations against regulations on petrol and oil trading

According to Article 57 of Decree No. 99/2020/ND-CP of Vietnam’s Government, the power to impose penalties of People's Public Security Force for administrative violations against regulations on petroleum, and petrol, oil and gas trading is as follows:

1. People’s police officers on duty are entitled to impose a maximum fine of VND 500,000 and VND 1,000,000 on an individual and an organization respectively.

2. Senior officers of the persons mentioned in Clause 1 of this Article are entitled to impose a maximum fine of VND 1,500,000 and VND 3,000,000 on an individual and an organization respectively.

3. Chiefs of the communal police, commanders of police stations and heads of police stations at border checkpoints and export-processing zones are entitled to:

- impose a maximum fine of VND 2,500,000 and VND 5,000,000 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.

4. Chiefs of the district-level Police; chiefs of specialized divisions affiliated to the Traffic Police Department; chiefs of provinces’ public security, including chiefs of Social Order-related Crime Investigation Divisions, Traffic Police Divisions, Road and Rail Traffic Police Divisions, Road Traffic Police Divisions, Internal Waterways Police Divisions, Environmental Crime Divisions, Fire Safety and Rescue Divisions, Internal Political Security Divisions, Economic Security Divisions, Social Order Divisions, Corruption, Economy and Smuggling-related Crime Investigation Divisions are entitled to:

- impose a maximum fine of VND 25,000,000 and VND 50,000,000 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 20,000,000 and VND 40,000,000 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 Points a, dd and e Clause 3 Article 4 hereof.

5. Directors of the Police of provinces 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;

- make decision on imposition of deportation penalty;

- enforce the remedial measures mentioned in Points a, d, dd and e Clause 3 Article 4 hereof.

6. Director General of Social Order-related Crime Investigation Agency, Director General of Traffic Police Department, Director General of Fire Safety and Rescue Agency, Director General of Environmental Crime Agency, Director General of Internal Political Security Agency, Director General of Economic Security Agency, Director General of Social Order Agency and Director General of Corruption, Economy and Smuggling-related Crime Investigation Agency 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 Points a, d and dd Clause 3 Article 4 hereof.

7. The Director General of Immigration Department is entitled to impose penalties as prescribed in Clause 6 of this Article and to make decision on imposition of deportation penalty.

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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