Circular No. 08/2018/TT-BCT Amending and supplementing regulations on the format of inspection records and decisions used in administrative inspection and violation handling activities of Market Management.

CIRCULAR

Amending and supplementing regulations on the model record and decision for use in market management inspection activities and administrative violation handling

Handling administrative violations on June 20, 2012;

Pursuant to the Law Xử lý vi phạm hành chính ngày 20 tháng 6 năm 2012;

Pursuant to the Market Management Law dated March 8, 2016;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 148/2016/NĐ-CP dated November 4, 2016 of the Government detailing implementation of certain provisions of the Ordinance on Market Management;

Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations;

On the basis of Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing some articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations;

At the proposal of CDirector Cục Quản lý thị trường,

4. Supplement Clause 7 following Clause 6 Article 2 as follows: stipulating and guiding the implementation of content number 09 under component number 02 and content number 02 under component number 08 of the National Target Program on New Rural Development for the period 2021-2025. regulations on the model record and decision for use in market management inspection activities and administrative violation handling.

Article 1. Amending and supplementing some articles of Circular No. 26/2013/TT-BCT dated October 30, 2013 of the Minister of Industry and Trade on the model record and decision for use in market management inspection activities and administrative violation penalties

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:
"Article 3. The seals attached herewith
1. Pre-printed seals used in market management inspection and administrative violation handling activities include fifteen Decision forms, fifteen Record forms, and two common forms, issued as Appendix 1 to this Circular, with the following specifications:
a) Pre-printed seals are printed on white paper coated with floral patterns to prevent counterfeiting, in light yellow color, with the words “QUẢN LÝ THỊ TRƯỜNG” diagonally and embossed with the market management emblem, the back side coated with carbon ink, size 210 x 297 mm (A4 paper size). At the top center of the seal page, the full-color market management emblem is printed. The first copy is printed in black, the second copy in blue, the third and fourth copies in purple. Each type of seal is bound into a book containing multiple numbers, each number having multiple copies, with multiple pages and pre-printed red serial numbers at the upper left corner of each seal number;
b) In cases where organizations or individuals commit multiple administrative violations without sufficient space to record the penalty details as prescribed, or when more than four original copies of the Administrative Violation Penalty Decision (MQĐ10) are required, the authorized penalty authority may establish the penalty decision content based on this model according to points a and b of paragraph 2 of this Article;
c) The serial number of pre-printed seals consists of two parts, specifically as follows: the first part has eight (08) digits, which is a natural number sequence starting from 00000001 and printed on each type of seal; the second part has the abbreviated name of the document type; the two parts are connected by a slash (/).
2. Self-printed seals used in market management inspection and administrative violation handling activities include fourteen Decision forms and five Record forms, issued as Appendix 2 to this Circular, with the following specifications:
a) Self-printed seals have their contents established on computers, printed on A4 paper, with layout and presentation techniques complying with legal regulations on document format and presentation techniques; b) The serial number of self-printed seals consists of two parts, specifically as follows: the first part has eight (08) digits, including the first two digits being the code of the provincial Market Management agency, except for documents issued by the central Market Management agency which are marked as TW; the next two digits are the code of the subordinate Market Management unit issuing the document; the last four digits are a natural number sequence starting from 0001 on January 1st and ending on December 31st of each year; the second part has the abbreviated name of the document type; the two parts are connected by a slash (/)."

2. Supplementing point c of Clause 6, Article 5 as follows:
"c) In cases where the second copy of the seal has been established but there is no recipient due to objective reasons, it shall be kept in the seal book."

3. Amending and supplementing Article 8 as follows:
"Article 8. Management of issuance and use of self-printed seals and other administrative document models
1. Based on the circumstances of the inspection and administrative violation handling case, the authorized person of the agency or unit or the person handling the case file uses the relevant seal model, drafts on a computer all appropriate contents according to the model, prints them on a printer, and affixes the issuance stamp.
2. The head of the agency or unit is responsible for assigning a dedicated or concurrently assigned civil servant to oversee the issuance of self-printed seals. 3. In addition to the seal models stipulated in this Circular, based on legal regulations and the requirements of inspection and administrative violation penalty work, the heads of central and provincial Market Management agencies shall establish other administrative document models for uniform use in internal inspection and administrative violation penalty activities."

Article 2. Implementation clause

1. This Circular takes effect from May 17, 2018.

2. This Circular replaces Circular No. 13/2015/TT-BCT dated June 16, 2015 of the Minister of Industry and Trade amending and supplementing some articles of Circular No. 26/2013/TT-BCT dated October 30, 2013 of the Minister of Industry and Trade on the model record and decision for use in market management inspection activities and administrative violation penalties

3. Abolishing Article 11 of Circular No. 18/2016/TT-BCT dated August 31, 2016 of the Minister of Industry and Trade on the market inspection card and amending and supplementing the content of some record and decision models used in inspection and administrative violation penalty activities of the market management force.

4. The Director of the Ministry's Office, the Director of the Market Management Department, the Heads of subordinate units of the Ministry, the Directors of Provincial Departments of Industry and Trade, the Chiefs of Provincial Market Management Sub-departments, and the civil servants of market management agencies at all levels are responsible for implementing this Circular.