Petrolimex subsidiary PV Oil sells gasoline 'not in accordance with regulations'

Loosen up inspection and supervision

The Inspectorate of the Ministry of Industry and Trade recently announced Inspection Conclusion No. 8132/KL-BCT dated December 19 on compliance with legal regulations inPetroleum businessof some petroleum traders.

In this conclusion, the Inspectorate of the Ministry of Industry and Trade pointed out many violations of legal regulations on registering the petroleum distribution system with state management agencies; violations in the purchase and sale of petroleum. In addition, petroleum traders do not regularly inspect and monitor the quality of operations of agents and general agents...

The Inspectorate of the Ministry of Industry and Trade concluded that some subsidiaries of Petrolimex and PV Oil had transactions to sell gasoline to some businesses that were not in accordance with legal regulations.

Specifically, with Anh Phat Petro Joint Stock Company at 306B Ba Trieu Street, Dong Tho Ward, Thanh Hoa City, Thanh Hoa Province. According to the report provided to the inspection team, as of March 10, 2022, this enterprise has 12 retail stores owned or co-owned; 41 retail agents selling gasoline.

When comparing and checking the documents, the Inspectorate of the Ministry of Industry and Trade concluded that Anh Phat Petro Joint Stock Company did not meet the conditions for a petroleum distribution system with at least 40 petroleum general agents in the distribution system as prescribed in Article 7, Decree No. 83/2014-ND-CP amended.

Besides,businessThis agency has not regularly conducted inspection and supervision of the quality and business activities of petroleum agents and dealers in the system; and has not sent written notice to the authorities.

Regarding Phuc Loc Ninh Joint Stock Company in Block 10, Xuan An Town, Nghi Xuan District, Ha Tinh Province, this enterprise is having its documents related to petroleum business temporarily seized by Nghe An Provincial Police, so it has not provided enough documents to the inspection team. Compare with the documents of the DepartmentMarket managementIn the country, the Inspectorate of the Ministry of Industry and Trade said that the data between enterprises and the Department of Domestic Market Management were "inconsistent".

In addition, in 2021, this enterprise did not register its gasoline distribution system with the Ministry of Industry and Trade and in 2022 registered late according to the provisions of Circular 38/2014/TT-BCT amendment.

Phuc Loc Ninh Joint Stock Company also failed to provide documents showing that the inspection and supervision of units in the company's petroleum distribution system was not carried out in accordance with the provisions of Decree 83/2014-ND-CP amended.

Ambiguous purchase and sale of gasoline

The conclusion of the Inspectorate of the Ministry of Industry and Trade affirmed that the purchase, sale, distribution and trading of gasoline between enterprises have been strictly regulated, but in reality, through inspection, many violations were discovered.

Specifically, at Thien Duc Joint Stock Company (Nghe An), this enterprise sold gasoline to Quang Thai Private Enterprise and Tuan Tu Phu Tho Company while these two units belonged to the distribution system of another trader, which is not in accordance with the provisions of Decree 83/2014/ND-CP amended.

In particular, Thien Minh Duc Joint Stock Company purchased petroleum from two subsidiaries of the main trader of the Vietnam National Petroleum Group (Petrolimex), including the Petroleum Company Region II - LLC; Nghe An Petroleum Company and a subsidiary of the main trader of the Vietnam Oil Corporation (PVOil), Vung Ang Petroleum Joint Stock Company. It is worth noting that, according to regulations, these companies are not main traders or distributors of petroleum.

Accordingly, the conclusion of the Inspectorate of the Ministry of Industry and Trade affirmed that the subsidiaries of Petrolimex and PV Oil sold gasoline to Thien Minh Duc Company which was not in accordance with the provisions of Decree 83/2014-ND-CP amended and Circular 38/2014/TT-BCT amended.

Similarly, Phuc Loc Ninh Company purchased gasoline from Nghe An Petroleum Company, Thua Thien - Hue Petroleum Company (a subsidiary of Petrolimex) and another subsidiary of Duong Dong - Quang Nam LLC which is not a major petroleum trader or petroleum distributor, which is not in accordance with legal regulations.

The Inspectorate of the Ministry of Industry and Trade also discovered that Nam Giang Company Limited and Tuan Thien Company Limited conducted petroleum transactions with Phuc Loc Ninh Company when the certificates of eligibility for petroleum retail of these enterprises had expired, showing signs of violating the provisions of Decree 99/2020/ND-CP and Decree No. 17/2020/ND-CP.

According to the conclusion of the Ministry of Industry and Trade's inspection, the violations of the above enterprises were recorded and sent to the competent authority to issue a penalty decision. Specifically, the General Department of Market Management issued decisions on administrative penalties for each violation. Of which, Anh Phat Petro Company had 3 violations, Phuc Loc Ninh Company had 2 violations and Thien Minh Duc Company had 4 violations.

Also in the issued inspection conclusion, the Inspectorate of the Ministry of Industry and Trade assigned the General Department of Market Management to direct local Market Management forces to review, inspect and strictly handle violations in petroleum trading for petroleum traders; enterprises that have activities of buying and selling petroleum for the above enterprises, showing signs of violating the legal regulations specifically stated in the inspection conclusion.