Will gasoline and oil distributors who sell goods beyond the time registered with the Department of Industry and Trade be subject to administrative penalties?
With which Department of Industry and Trade must petroleum distributors register the selling time of petroleum retail stores?
Pursuant to Clause 13, Article 15 Decree 83/2014/ND-CP Regarding the rights and obligations of petroleum distributors:
Rights and obligations of petroleum distributors
...
11. Inspect and supervise the activities of gasoline retail agents and gasoline retail franchisees in their distribution system. Jointly responsible for the violations of these traders in petroleum business activities according to current provisions of law.
12. Responsible for checking and monitoring the journey of vehicles transporting gasoline from the place of delivery or receipt to the place of receiving or delivering gasoline.
13. Must register the sales time of the gasoline retail store owned by the trader with the local Department of Industry and Trade where the Certificate of store qualified to retail gasoline is issued to that store.
14. Must register the distribution system with the Ministry of Industry and Trade, which is the agency certifying eligibility to be a petroleum distributor, and with the local Department of Industry and Trade where the trader has a distribution system.
15. Must build, apply and maintain an effective quality management system; testing laboratory capacity management system, except in cases of hiring testing services.
16. Implement the roadmap to apply the ratio of mixing biofuel with traditional fuel according to the Prime Minister's regulations.
Thus, petrol and oil distributors must register the sales time of the petrol and oil retail store owned by the trader with the local Department of Industry and Trade where the Certificate of store qualified to retail petrol and oil is issued. that store.
Will gasoline and oil distributors who sell goods beyond the time registered with the Department of Industry and Trade be subject to administrative penalties?
Pursuant to Clause 3, Article 35 Decree 99/2020/ND-CP Regarding violations of other regulations on gasoline retail:
Violations of other regulations on petroleum retail
1. Fine from 1,000,000 VND to 3,000,000 VND for failure to record or clearly state the sales time in the sales area according to regulations.
2. Fine from 3,000,000 VND to 5,000,000 VND for selling gasoline through mini pumps, hand pumps, barrels, bottles and other containers, except for traders who are business households. Businesses and petroleum dispensing stations belonging to the armed forces (national defense, police) in mountainous and highland areas according to the provisions of law and permitted by the People's Committee of the province or centrally run city to act as agents. Petroleum retail management with scale and equipment suitable to the petroleum business conditions in that area.
3. Fine from 5,000,000 VND to 10,000,000 VND for failure to register sales times of petroleum retail stores with competent state management agencies according to regulations.
...
6. Additional penalties:
Confiscate exhibits and means used to commit administrative violations for violations specified in Clauses 2 and 5 of this Article.
7. Remedial measures:
Forced to return illegal profits obtained from violations specified in Clauses 2 and 5 of this Article.
Thus, for gasoline and oil distributors who sell goods beyond the time registered with the Department of Industry and Trade, it can be considered an act of "not registering the sales time of the gasoline retail store with the management agency." competent state according to regulations" and may be fined from 5,000,000 VND to 10,000,000 VND.