THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 145/2006/ND-CP
Hanoi, November 30, 2006
 
DECREE
PROVIDING FOR THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE PETROLEUM DOMAIN
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the July 6, 1993 Petroleum Law and the Law Amending and Supplementing a Number of Articles of the June 9, 2000 Petroleum Law;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Industry,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
1. This Decree provides for administrative violations, forms, levels and competence of, and procedures for, sanctioning administrative violations in the petroleum domain.
2. Administrative violations in the petroleum domain mean acts of intentionally or unintentionally violating the regulations on the state management of petroleum, which, however, are not crimes and, under the provisions of this Decree, must be administratively sanctioned, including:
a/ Violation of the regulations on prospecting, exploration and exploitation of petroleum;
b/ Violation of the regulations on safety, security and environment in the petroleum domain;
c/ Violation of the regulations on reporting regime, disclosure of information and other regulations in the state management of the petroleum domain.
3. Administrative violations which are governed by other legal documents and not provided for in this Decree but related to the petroleum domain shall be administratively sanctioned in accordance with those legal documents.
Article 2.- Subjects of application
1. Vietnamese organizations or individuals that commit administrative violations in the petroleum domain shall be sanctioned according to the provisions of this Decree and relevant provisions of law on the sanctioning of administrative violations.
2. Foreign organizations or individuals that commit administrative violations in the petroleum domain within the territory, exclusive economic zones or the continental shelf of the Socialist Republic of Vietnam shall be sanctioned according to the provisions of this Decree; if a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides for, the provisions of that treaty prevail.
3. Minors who commit administrative violations in the petroleum domain shall be sanctioned according to the provisions of Article 7 of the Ordinance on Handling of Administrative Violations.
Article 3.- Principles for sanctioning administrative violations
Principles for sanctioning administrative violations in the petroleum domain comply with the provisions of Article 3 of the Ordinance on Handling of Administrative Violations and Article 3 of the Government's Decree No. 134/2003/ND-CP of November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations.
Article 4.- Statue of limitations for sanctioning administrative violations
1. The statute of limitations for sanctioning an administrative violation in the petroleum domain is one year, counting from the date that violation is committed. Past this time limit, if the violation is detected, the violating organization or individual shall not be sanctioned but is required to take remedies provided for in this Decree.
2. For individuals against whom prosecution or judicial proceedings are sought or whose cases have been decided to be brought to trial according to criminal procedures but later the investigations or the cases are decided to be stopped, they shall be administratively sanctioned if their acts show signs of administrative violation. Within three days after issuing a decision to stop the investigation or a case, the decision maker is required to send the decision to the person with sanctioning competence; in this case, the statute of limitations for sanctioning the violation is three months after the person with sanctioning competence receives the decision to stop the violation and the case dossier.
3. Within the time limit specified in Clauses 1 and 2 of this Article, if concerned individuals or organizations commit new violations in the petroleum domain or deliberately shirk or obstruct the sanctioning, the statute of limitations provided for in Clauses 1 and 2 of this Article shall not apply. The statute of limitations for sanctioning administrative violations shall be re-counted from the time a new violation is committed or the act of shirking or obstructing the sanctioning stops.
4. Persons with sanctioning competence who are at fault in letting the statute of limitations for sanctioning expire shall be handled in accordance with Article 121 of the Ordinance on Handling of Administrative Violations.
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