Hang the “out of gas” sign, when is it administratively fined, when is it dealt with criminally?
– Sir, how is the technique of hanging a “gas” sign, applying the many trickle selling methods of petrol and oil shop owners waiting for price increases to violate the law?
The fact that petrol and oil shops are intentionally closing and not selling goods under the pretext of “running out of gas” but actually wanting to stockpile goods and wait for the recent price hikes is a sign of speculation and lawlessness.
A shop showing signs of running out of gas on March 11 |
Article 196 of the 2015 Criminal Code stipulates that speculation is understood as an act of taking advantage of a situation of scarcity or intentionally creating false scarcity in the face of natural disasters, disease outbreaks, wars or economic difficulties. resell for illegal profit.
-Which body is responsible for investigating and dealing with these violations, lawyers?
According to current regulations, the administrative management of this field belongs to the Ministry of Industry and Trade. Specifically here, the General Market Management Office must direct the provincial Market Management Office to coordinate with the Industry and Trade Office to carry out inspections and handling.
In addition, depending on the facts, the examination and handling requires the coordination of other interdisciplinary forces such as the economic police, science and technology inspectors, commune and environmental People’s Committees…
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Speculative actions in the petroleum sector can be dealt with criminally |
– During the inspection, if it is found that the premises were improperly closed, how to deal with petrol and oil trading places?
Depending on the nature of the severity, oil and petroleum companies can be fined for administrative offenses or prosecuted for more severe criminal liability.
For the field of administration, Article 30 of Decree no. 65/2017/ND-CP dated May 25, 2017 (Provisions concerning sanctions for administrative violations in the field of trade in oil and gas, gasoline, oil and natural gas) has stipulated that a fine of between 500,000 and one million dong is imposed for any of the acts of not including time of sale at the point of sale; List of sales times is not clear, not flashy.
This fine is also increased to 40 million in the event of any of the following actions: Reducing the time of sale compared to the time of record, or compared to the time of the previous sale for no apparent reason or without information, notifying the competent authority; reduce the number of goods sold compared to the previous time without a valid reason or without notification to the authorized official.
Regarding criminal liability, according to Article 196 of the 2015 Criminal Code, organizations and individuals can be investigated for criminal responsibility if they take advantage of a situation of scarcity or create artificial scarcity during an epidemic situation. , natural disasters, wars or difficult economic situations, buying and selling of goods in the price stabilization list of goods or in the price lists determined by the State for the purpose of resale for illegal profit in any of the following cases: such as goods worth 500 million VND to less than 1 .5 billion VND; If they make illegal profits from 100 million dong to less than 500 million dong, they will be fined from 30 to 300 million dong or sentenced to between 6 months and 3 years in prison.
In the case of goods worth VND 3 billion or more; If they make illegal profits of VND 1 billion or more, or if they do anything dangerous again, they will be subject to a fine of between VND 1.5 billion and VND 5 billion or a prison term of between 7 and 15 years.
In addition, perpetrators are also prohibited from holding certain positions, carrying out certain professions or doing certain jobs for 1 to 5 years. Commercial legal entities committing crimes in this case will be fined from VND 300 million to VND 9 billion, prohibited from operating in certain fields or prohibited from raising capital for 1-3 years.
at Blogtuan.info – Source: cafebiz.vn – Read the original article here
