Vietnam: The Border Guard has the power to impose penalties for administrative violations against regulations on petrol and oil trading

According to Article 58 of Decree No. 99/2020/ND-CP of Vietnam’s Government, the power to impose penalties of the Border Guard for administrative violations against regulations on petroleum, and petrol, oil and gas trading is as follows:

1. The Border Guard 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 2,500,000 and VND 5,000,000 on an individual and an organization respectively.

3. Captains of border-guard posts, commanders of border-guard flotillas and commanders of border guards at port checkpoints 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;

- 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 and e Clause 3 Article 4 hereof.

4. Commanders of provincial border guards and commanders of coastal guard fleets affiliated to the Border Guard High Command 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 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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