Can a Vietnamese enterprise that mixes fake petroleum be criminally prosecuted?

“Can a Vietnamese enterprise that mixes fake petroleum be criminally prosecuted? Information about the production line of 200 million liters of fake gasoline led by Mr. Phan Thanh Huu (64 years old, in Ho Chi Minh City) and Nguyen Huu Tu (64 years old, from Vinh Long) said by Major General Vu Hong Van at the conference. National internal affairs agencies implement the Resolution of the 13th Party Congress, on September 15. Dong Nai police discovered a large-scale smuggling and fake gasoline production line after people’s accusations about buying poor quality gasoline. During the investigation, it determined that this gang had set up many transportation and petroleum companies to act as a front; rent warehouses along river routes and invest in building modern facilities… to serve criminal acts.”.

It can seem that, at present, many petroleum trading units are deliberately using techniques, techniques, and technologies; to commit fraud in the conduct of petroleum trading activities. Accordingly, the fraudulent behavior of gas station employees; and petroleum trading units led to fraud; delicately pickpocketed shoppers. So is the act of mixing fake gasoline with criminal prosecution? To clarify this, today, LSX Lawfirm will give you an article about “Can a Vietnamese enterprise that mixes fake petroleum be criminally prosecuted?“, as follows:

Legal grounds

• Penal Code 2015 was amended and supplemented in 2017

How does fake gasoline harm the car?

When mixing fake gasoline, a lot of solvents, the rubber gaskets will expand, causing gas leaks and leaks. “Gasoline leaked, just meeting an electric spark can ignite, easily leading to fires and explosions in apartment parking lots and public places.”

In addition, fake gasoline also makes the life of motorcycles significantly reduced. Although it “pumped” with additives, the octane number of fake gasoline cannot be equal to that of real gasoline.

Therefore, when using fake gasoline, the car is prone to detonation, causing a strong pressure wave. Mechanical details such as pistons, silver, etc. easily bent, worn, and damaged.

Newer cars or motorcycles all have exhaust filters; has the effect of neutralizing exhaust gases from the engine, producing non-toxic substances that released into the environment. Meanwhile, solvents and additives mixed into fake gasoline; When burned, it produces exhaust gases that disable or damage the exhaust filter. This will cause huge environmental pollution; especially when counterfeiters use lead acetate, which now banned, to add to gasoline to increase octane.

Is the business of dispensing fake petroleum to be prosecuted for criminal liability?

Acts of mixing fake petrol and oil can handled for the crime of manufacturing and trading in counterfeit goods specified in Article 192 of the Criminal Code 2015:

Article 192. Crime of producing and trading in fake goods

Any person who produces or trades in fake goods falls into one of the following cases; shall be subject to a fine of between VND 100,000,000 and 1,000,000,000 or a prison term of between 01 and 05 years:

a) Counterfeit goods valued at between VND 20,000,000 and under VND 100,000,000 based on the selling price, the listed price, and the price stated in the invoice;

b) The quantity of counterfeit goods is equivalent to the quantity of the real goods or goods with the same technical features and uses, valued at between VND 30,000,000 and under VND 150,000,000 in case the selling price or listed price cannot determined. , the price stated in the invoice.

c) Counterfeit goods valued at less than VND 20,000,000 calculated according to the selling price, listed price, the price stated in the invoice, or counterfeit goods equivalent to the quantity of the real goods or goods with the same technical features and uses. under VND 30,000,000 but have administratively sanctioned for the acts specified in this Article or in one of Articles 188, 189, 190, 191, 193, 194, 195, 196, and 200 of this Code or has convicted of one of these crimes, has not yet had his criminal record cleared, but still commits it;

d) Counterfeit goods valued at less than VND 20,000,000 according to the selling price, list price, invoice price, or counterfeit goods equivalent to the quantity of the real goods or goods with the same technical features and uses. under VND 30,000,000 but causing consequences in one of the following cases: causing harm to a person’s health with an injury rate of between 31% and 60%; causing harm to the health of 02 or more people with a total injury rate of between 31% and 60% or causing property damage from VND 100,000,000 to under VND 500,000,000.

Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 10 years of imprisonment:

• Organized;
• Being of a professional nature;
• Abusing positions and powers; d) Taking advantage of the name of an agency or organization;
• Counterfeit goods valued at between VND 100,000,000 and under VND 200,000,000 according to the selling price, the listed price, and the price stated in the invoice;
• Counterfeit goods are equivalent to the quantity of the real goods or goods with the same technical features and uses, valued at between VND 150,000,000 and under VND 500,000,000 in case the selling price or listed price cannot determined. , the price stated in the invoice;
• Gaining illicit profits from VND 100,000,000 to under VND 500,000,000;
• Causing death;
• Causing harm to the health of 1 person with an injury rate of 61% or more;
• Causing harm to the health of 02 or more people with a total injury rate of between 61% and 121%;
• Causing property damage of between VND 500,000,000 and under VND 1,500,000,000;
• Committing the crime in one of the cases specified in Clause 1 of this Article across the border or from the free trade zone to the inland and vice versa;
• Dangerous recidivism.

Committing the crime in one of the following circumstances, the offenders shall sentenced to between 07 and 15 years of imprisonment:

• Counterfeit goods with a production cost of VND 100,000,000 or more;
• b) Counterfeit goods have the selling price, the listed price, and the price stated in the invoice of VND 200,000,000 or more;
• The quantity of counterfeit goods is equivalent to the quantity; of the real goods. Or goods with the same technical features and uses valued at VND 500,000,000. Or more in case the production; cost, selling price, or list price cannot determined. list, the price stated in the invoice;
• Gaining illegal profits of 500,000,000 VND or more;
• Causing the death of 02 or more people;
• Causing harm to the health of 02 or more people, with an ;injury rate of 61% or more for each person then;
• Causing harm to the health of 02 or more people with a total injury rate of 122% or more of these persons then;
• Causing property damage of VND 1,500,000,000 or more.

The offenders may also be subject to a fine of between VND 20,000,000 and 50,000,000. Banned from holding certain posts, practicing certain professions or doing certain jobs for one to five years, or confiscating part or all of the property.

A commercial legal entity that commits an offense specified in this Article shall be fined as follows:

• A commercial legal entity that commits a crime in the case specified in Clause 1. Of this Article; shall be subject to a fine of between VND 1,000,000,000 and VND 3,000,000,000 then;
• Committing the crime in the cases specified in Clause 2 of this Article. The offenders shall be subject to a fine of between VND 3,000,000,000 and 6,000,000,000 then;
• Committing the crime in the cases specified in Clause 3 of this Article. The offenders shall be subject to a fine of between VND 6,000,000,000 and VND 9,000,000,000. Or have their operation suspended for a term of between 06 months. And 03 years then;
• Committing the crime in the cases specified in Article 79 of this Code, the operation shall permanently suspended;
• The commercial legal entity may also be subject to a fine of from VND 50,000,000 to VND 200,000,000. Ban from doing business, from operating in certain fields, or from raising capital for 1 to 3 years then.

acts of trading in fake petrol

According to Decree 119/2017/ND-CP on acts of trading in poor quality petroleum then:

A warning or a fine of between VND 400,000 and 1 million. For acts of selling goods without announcing applicable standards as prescribed; a fine of between 3 times and 5 times. The total value of infringing products and goods at the time of violation for one of the following acts. Selling products and goods of unsuitable quality with regulations of this Law. Respective technical standards; replacing, exchanging, adding, or subtracting ingredients. Or additives, mixing impurities that reduce the quality of products and goods compared. To the provisions of the respective technical regulations…

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