THE GOVERNMENT
Decree No. 97/2013/ND-CP dated August 27, 2013 of the Government on providing the sanctioning of administrative violations in the fields of petroleum, gasoline trading, and liquified petroleum gas trading
Pursuant to the Law on Organization of Government dated December 25, 2001;
Pursuant to the Law on sanctioning administrative violations dated June 20, 2012;
Pursuant to the Commercial Law dated June 14, 2005;
Pursuant to the July 06, 1993 Petroleum Law; the June 09, 2000 Law Amending and Supplementing a Number of Articles of the Petroleum Law, and June 03, 2008 Law Amending and Supplementing a Number of Articles of the Petroleum Law;
Pursuant to the Price Law dated June 20, 2012;
Pursuant to the Law on Product and Goods Quality dated November 21, 2007;
At the request of Minister of Industry and Trade;
The Government promulgates Decree providing for the sanctioning of administrative violations in the fields of petroleum, gasoline trading, and the liquefied petroleum gas trading,
Chapter 1.
GENREAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides for administrative violations, sanctioning forms and levels, remedial measures applied to administrative violations; competence of making the administrative violation minutes and competence of sanctioning administrative violation, for administrative violations in the fields of petroleum, gasoline trading, and liquified petroleum gas trading.
2. Administrative violations specified in this Decree include:
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 field;
c) Violation of the regulations on reporting regime, disclosure of information and other regulations in the state management of the petroleum field;
d) Violation of the regulations on conditions for gasoline trading;
dd) Violation of the regulations on gasoline trading;
e) Violation of the regulations on conditions for trading in liquified petroleum gas (hereinafter liquified petroleum gas is abbreviated as LPG);
g) Violation of the regulations on production of, export and import of, and trading in LPG; violation of the regulations on LPG bottle and bottled LPG;
h) Violation of the regulations on filling and supplying LPG;
i) Violation of the regulations on production of, repair of, and test of LPG bottle;
3. Other administrative violations in fields of petroleum, gasoline trading and LPG trading not provided for in this Decree shall be applied the Government’s Decrees providing for administrative sanction in relevant fields for sanction.
Article 2. Subject of application
1. Vietnamese individuals and organizations conducting administrative violations specified in this Decree.
2. Foreign individuals and organizations conducting administrative violations specified in this Decree in Vietnam’s territory.
3. Persons competent to examine, make minutes of administrative violations, apply preventive measures and ensure handling of administrative violations, sanction administrative violations specified in this Decree.
4. Other individuals, organizations relating to sanction of administrative violations.
Article 3. Interpretation of terms
1. “Organizations” as prescribed in this Decree include economic organizations and other organizations relating to sanction of administrative violations.
2. “Economic organizations” include enterprises operating under the enterprise law dated November 29, 2005, the Investment Law dated November 29, 2005; cooperatives and cooperative unions established under the Law on Cooperatives dated November 26, 2003; credit institutions established under the Law on credit institutions dated June 16, 2010; insurers established under the Law on insurance business dated December 09, 2000; other economic organizations under law and economic units affiliated economic organizations mentioned above.
3. "Individuals” as prescribed in this Decree include business households which must register business as prescribed by law.
