Can a private person sell gasoline Is it illegal to buy private gasoline

The Interim Measures for the Administration of the Refined Oil Market stipulates that citizens, legal persons or other organizations that engage in refined oil business activities without the permission of the competent administrative department of commerce shall be stopped by the local administrative department of commerce in conjunction with the relevant departments and shall be given administrative penalties.

According to the law, it is illegal to buy and sell gasoline and diesel privately without a license. If the quantity bought and sold is large, it is suspected of constituting the crime of illegal business operation.

Article 3 of the Measures for the Administration of the Refined Oil Market, the State implements a licensing system for the operation of refined oil products.

Article 6 enterprises applying for the qualification of retail operation of refined oil shall apply to the competent department of commerce of the people's government at the municipal level (cities divided into districts, the same below). After the review by the competent department of commerce of the people's ** at the municipal level, the preliminary examination opinions and application materials shall be submitted to the competent department of commerce of the people's ** at the provincial level. The provincial people's ** commerce department decides whether to grant a refined oil retail business license.

Of course not.

If only private individuals could sell gasoline.

So how do you make money with two barrels of oil?

Selling gasoline, don't you know it's illegal? You also set up a store to sell, you are so bold.

It is illegal to buy private oil, because it is now stipulated that you can only drive directly to the gas station to refuel, if you go to buy private oil alone, then this behavior has violated the law, so you had better go to the relevant department to issue a certificate and then take it to the gas station to buy bulk gasoline, so that it is legal.

Private oil is legal and cannot be sold indiscriminately!

Pay attention to the quality of gasoline!

Legal Analysis: Selling gasoline without permission may involve the crime of illegal operation. Gasoline is a hazardous chemical, which requires a "business license" issued by the state to be bought and sold, and it is also necessary to hold relevant legal procedures to be transported.

If the amount of illegal operation of gasoline is more than 50,000 yuan, or the profit is more than 10,000 yuan, it is suspected of illegal business crime; Where the transportation and storage of gasoline causes harm to society, it is suspected of committing a crime endangering public safety.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China: Where state regulations are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations; (3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.

Legal Analysis: Selling gasoline without permission may involve the crime of illegal operation.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China: Where state regulations are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations; (3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.

Where a natural person commits this crime, he is to be sentenced to up to five years imprisonment or short-term detention and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are serious, the sentence is to be five or more years imprisonment and concurrent punishment of between 1 and 5 times the amount of unlawful gains.

Fines or confiscation of property. Where a unit commits this crime, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of this article.

Legal Analysis: According to the law, it is illegal to buy and sell gasoline and diesel privately without a license. If the quantity bought and sold is large, it is suspected of constituting the crime of illegal business operation.

Citizens, legal persons or other organizations without the permission of the competent administrative department of commerce, unauthorized business activities, by the local administrative department of commerce in conjunction with the relevant departments to stop, and give administrative penalties.

Legal basis: Criminal Law of the People's Republic of China (Criminal Law) Sanchang Article 225 Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and is also to be fined between one and five times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission;

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations;

(3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.

According to the relevant provisions of the law, the sale of gasoline without permission may involve the crime of illegal operation. China's control over the sale of gasoline is also relatively strict, if there is no permission from the relevant competent authorities, individuals and units are not allowed to arbitrarily sue for self-sale of gasoline.

1. How to punish selling oil without permission.

According to article 225 of the Criminal Law, whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property: (1).

Engaging in franchises, monopoly items, or other restricted items as prescribed by laws and administrative regulations without permission; (b).

Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations; (3) Illegally operating insurance business without the approval of the competent department of the State Department of Excavation and Clearing, or illegally engaging in fund payment and settlement business; (iv).

Other illegal business activities that seriously disrupt the market order.

II. How to determine the crime of illegal business operation.

1) The criminal illegality of this crime is consistent with its administrative illegality, that is to say, illegal business operators must violate the relevant industrial and commercial laws and regulations, and there is no criminal illegality without administrative illegality.

2) This crime subjectively requires that the person who conducts the act must be intentional, and where the illegal business operation is carried out without knowing that it is illegal, it is not considered to constitute this crime, but only the perpetrator can be given an administrative punishment.

3) The circumstances of this crime require that the circumstances of the crime be serious in order to constitute a crime, and to determine whether the circumstances are serious, the amount of illegal business operations and income should be used as a starting point, and should be judged in conjunction with whether the perpetrator has carried out illegal business operations, whether it has caused major losses to the state or caused other serious consequences, and whether he has not repented even after being given an administrative punishment.