In recent days, many petrol stations in many southern provinces and cities (especially the southwestern provinces) have suddenly stopped selling, causing confusion in the petroleum market and difficulties for people during the Lunar New Year holiday. The past year is attracting a lot of attention from the public. LSX Lawfirm will give you an article about: “Handle gas stations stopped selling in Vietnam”, as follows:
Legal grounds
Penal Code 2015 amended and supplemented in 2017
Decree 99/2020/ND-CP on sanctioning of administrative violations in the field of oil and gas, petroleum and gas trading
Will gas stations stop selling to be handled?
Administratively sanctioned
Accordingly Clause 4, Article 35 of Decree No. 99/2020/ND-CP of the Government providing for the sanction of administrative violations in the field of oil and gas, petroleum and gas trading; The subject who violates the regulations on petrol and oil retail fined from 10 million VND to 20 million VND when he commits one of the following acts:
– Reduce sales time compared to listing time; or compared to the previous sales period without good reason; or fail to notify the competent state management agency according to regulations.
– So, do not sell or stop selling goods without obtaining written approval from the competent state management agency or notifying the competent state management agency according to regulations.
– Reducing the amount of goods sold compared to the previous time without a legitimate reason or without notifying the competent state management agency according to regulations.
Thus, if businesses arbitrarily suspend sales without a valid reason; or fail to notify the competent state agency; administratively sanctioned according to the above provisions.
Prosecuted for criminal liability
In addition, if the authorities discover that if the gas station owner acts to stop selling for the purpose of hoarding goods to wait for the price increase and has enough elements to constitute a crime, he prosecuted for criminal liability. Speculation in accordance with the provisions of Article 196 of the Penal Code 2015 amended and supplemented in 2017.
So, with this act, depending on the nature, severity and consequences of the act, it fined or imprisoned from 6 months to 15 years. Violators face a maximum fine of up to 5 billion VND, and commercial legal entities are fined up to 9 billion VND.
Recently, so in Official Letter 1155/BCT-TTTN, the Ministry of Industry and Trade has requested to consider suspending or stripping the Certificate of eligibility for petrol and oil business if petrol retail stores or petroleum trading enterprises show signs of stopping or restricting sales without good reason.
What is the penalty for storing petrol and oil for non-business purposes?
Acts of illegally producing, storing, transporting, using, trading in dangerous inflammable and explosive substances strictly prohibited acts; according to the Law on Fire Prevention and Fighting 2001, amended and supplemented in 2013.
Therefore, the act of storing gasoline is against the law and administratively sanctioned; even criminal prosecution.
Administratively sanctioned
Accordingly Clause 4, Article 32, Decree 144/2021/ND-CP; A fine ranging from VND 15 to 25 million imposed for illegally storing substances or goods at risk of fire and explosion.
Prosecuted for criminal liability
Accordingly Article 313 of the Penal Code 2015; Persons who have acts of storing petrol and oil examined for penal liability for violations of regulations on fire prevention and fighting.
So, depending on the extent of damage to people and property; Violators may be subject to non-custodial reform or imprisonment.
The maximum penalty frame is up to 12 years in prison, in the case of:
- Kills 3 or more people
- So, Injure; or cause harm to the health of 3 or more people whose total bodily injury rate is 201% or more
- Causing property damage of 1.5 billion VND or more.
Besides, the offender fined from 10 to 50 million VND; banned from holding certain posts, practicing certain professions or doing certain jobs for one to five years
Thus, the act of storing petrol and oil is not for business purposes but for daily life activities… there are potential risks of fire and explosion; Failure to comply with regulations on fire prevention and fighting is against the provisions of law. Therefore, people should not hoard when gasoline prices drop.
Related questions
The certificate of eligibility to retail petrol and oil is valid for five (05) years from the date of renewal.
The dossier set includes the papers specified in Clause 2, Article 25 of Decree 83/2014/ND-CP. For new issue, the dossier includes:
– An application form for the Certificate of eligibility to retail petrol and oil, made according to Form No. 3 in the Appendix to this Decree;
– A copy of the certificate of business registration of the trader who owns the petrol and oil retail store;
– A list of equipment and equipment of the petrol and oil retail store as prescribed in Clause 3, Article 24 of this Decree and documents proving the legality of construction of the petrol and oil retail store;
– Copies of certificates or equivalent papers on professional training of store managers and employees as prescribed in Clause 4, Article 24 of this Decree.
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