Question: While travelling from Hanoi to Hai Phong, my car ran out of gas, thus I stopped at a local household selling 5-litre gas cans to fill it up. For both sellers and buyers, the sale of gasoline does not, however, ensure its quality or safety. Hence, how much of a fine is possible?\
Law Department - ACDC advises:
Under Clause 2, Article 35 of Decree No. 99/2020/ND-CP stipulating penalties for administrative violations in the field of oil and gas, petrol and gas trading, regulations on penalties for violations of other regulations on retail petroleum as follows:
"2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for selling gasoline through mini-pumps, hand pump poles, barrels, cans and other containers, except for traders who are business households, petrol and oil dispensing stations belonging to the armed forces (defence, public security) in mountainous and highland areas as prescribed by law are permitted by the People's Committees of provinces and centrally run cities to act as sales agents. retail petroleum with scale and equipment suitable to the conditions of petrol and oil trading in that area”.
The above fine level applies to organizations. In case administrative violations are committed by individuals, a fine is equal to half of the fine level prescribed for organizations (Article 5 of Decree 99/2020/ND-CP).
Regarding additional sanctions and remedial measures, Clauses 6 and 7, Article 35 of Decree 99/2020/ND-CP also stipulate:
“6. Additional penalties:
Confiscate exhibits and means used to commit administrative violations, for acts of violations specified in Clauses 2 and 5 of this Article.
7. Remedial measures:
Forcible return of illegal profits obtained from committing violations specified in Clauses 2 and 5 of this Article.”
Thus, individual acts of selling petrol and oil through cans in contravention of regulations can be fined from VND 1,500,000 to VND 2,500,000. In addition, violators may also have the material evidence and means used to commit the violation confiscated and forced to return the illegal profits obtained from committing the violation.
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