Circular No. 13/2015/TT-BCT amends and supplements certain articles of Circular No. 26/2013/TT-BCT on the model inspection records and decisions used in administrative inspection and penalty activities. This Circular applies to market management agencies and organizations and individuals subject to penalties.
适用范围
Market management agencies and organizations and individuals subject to administrative penalties in business operations.
要点
- The authorized penalty authority → establishes the content of the administrative penalty decision on a computer, printed on A4 paper when there is not enough space to write or when more than four original copies of the Administrative Penalty Decision are required.
- The second copy of the stamp that has been established but has no recipient to hand over → kept in the stamp book.
- Issuing seven new stamp models: Inspection record for temporarily holding evidence, means, and documents; Inspection record for selling goods and items prone to damage; Administrative penalty decision; Decision to confiscate evidence, means, or destroy evidence violating administrative regulations; Inspection record for confiscating evidence, means violating administrative regulations; Inspection record for destroying or handling evidence, means violating administrative regulations; Inspection record for verification or work.
- This Circular takes effect from October 1, 2015.
- Abolishing the old stamp models prescribed in Circular No. 26/2013/TT-BCT.
🌐 本文件的社会影响
- Positive impact: Helps to handle administrative violations more quickly and effectively through the use of new inspection records and decisions.
- Negative impact: Requires time for market management agencies and organizations and individuals to adapt to the new stamp models.
❓ 常见问题
What requirements are there for establishing the content of the penalty decision on a computer?
The authorized penalty authority is permitted to establish the content of the penalty decision on a computer, printed on A4 paper when there is not enough space to write or when more than four original copies of the Administrative Penalty Decision are required (Article 1.1).
What should be done with the second copy of the stamp that has been established but has no recipient to hand over?
The second copy of the stamp that has been established but has no recipient to hand over due to objective reasons shall be kept in the stamp book (Article 1.2).
How many new stamp models have been issued?
This Circular issues seven new stamp models: Inspection record for temporarily holding evidence, means, and documents; Inspection record for selling goods and items prone to damage; Administrative penalty decision; Decision to confiscate evidence, means, or destroy evidence violating administrative regulations; Inspection record for confiscating evidence, means violating administrative regulations; Inspection record for destroying or handling evidence, means violating administrative regulations; Inspection record for verification or work (Article 1.3).
When does this Circular take effect?
This Circular takes effect from October 1, 2015 (Article 2.1).
How are the old stamp models used?
The stamp models prescribed in Clauses 9, 11, 13, 15, 16, and 17 Section B and Clause 2 Section C Article 3 of Circular No. 26/2013/TT-BCT dated October 30, 2013, issued by the Minister of Industry and Trade, will be abolished (Article 2.2).
全文
CIRCULAR
Amending and supplementing certain Articles of T1. Amending and supplementing certain articles of Circular number number 26/2013/TT-BCT dated October 30, 2013
of BMinister B||| C- Agencies under the Ministry of Industry and Trade; Tstipulates on the model of minutes and decisions for use
in inspection activities and administrative penalty enforcement of market management
__________________________
Pursuant to DecreeNo. Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government prescribing functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;onDecree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government guiding the Law on Handling Administrative Violations;
Pursuant to the Law on Handling Administrative Violations"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."year 2012;
Pursuant to DecreeNo. Based on Decree No. 10/CP dated January 23, 1995 of the Government on organization, tasks, and powers of Market Management and Decree No. 27/2008/NĐ-CP dated March 13, 2008 of the Government amending and supplementing certain articles of Decree No.i paragraph one of ArticleNo. ment detailing some provisions and measuresi /CP dated January 23, 1995 of the Government on organization, tasks, and powers of Market Management;
The Minister of Industry and Trade issues this Circular to amend and supplement Circular No. 26/2013/TT-BCT dated October 30, 2013 of the Minister of Industry and Trade stipulating on the model of minutes and decisions for use in inspection and administrative penalty enforcement activities of Market Management (hereinafter referred to as Circular No. 1026/2013/TT-BCT).onArticle 1. Amending and supplementing some provisions of Circular No. 26/2013/TT-BCT
At the proposal of the Director of the Market Management Department;
1. Amend Item D of Clause 3 as follows:No. of Circular No.No. "D. In cases where multiple administrative violations are penalized against the same subject without sufficient space to record the penalties according to regulations or when more than four original copies of the Administrative Violation Penalty Decision (MQĐ09/M) are required, the authorized authority may base on this model to establish the content of the penalty decision on a computer, print it on A4 paper, and take the decision number according to regulations when signing and issuing the decision."FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS"c) In case the second copy of the stamp has been established but there is no recipient due to objective reasons, it shall be kept in the stamp book.""b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."3. Issuing seven (7) new stamp models to replace the existing stamp models used in administrative penalty enforcement activities prescribed in Clauses 9, 11, 13, 15, 16, and 17 of Item B and Clause 2 of Item C of Article 3, as follows:No. a) Administrative Record of Temporary Seizure of Evidence, Means, or Documents (MBB07/M);
b) Administrative Record of Sale of Goods or Items Prone to Damage (MBB08/M);
c) Administrative Violation Penalty Decision (MQĐ09/M);
d) Administrative Violation Penalty Decision on Confiscation of Evidence, Means, or Destruction of Violative Evidence (MQĐ11/M);
2. Supplementing point c of Clause 6, Article 5 as follows:
đ) Administrative Record of Confiscation of Evidence, Means of Administrative Violation (MBB11/M);
e) Administrative Record of Destruction or Disposal of Evidence, Means of Administrative Violation (MBB12/M);
g) Administrative Record of Verification or Interview (MBB10/M).
2. Abolishing the stamp models prescribed in Clauses 9, 11, 13, 15, 16, and 17 of Item B and Clause 2 of Item C of Article 3 of Circular No. 26/2013/TT-BCT dated October 30, 2013 of the Minister of Industry and Trade stipulating on the model of minutes and decisions for use in inspection and administrative penalty enforcement activities of Market Management.
3. 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 related organizations and individuals are responsible for implementing this Circular./.
d) Decision on confiscation of evidence, means, or destruction of administrative violation evidence (MQĐ11/M);
đ) Record of confiscation of evidence, means of administrative violations (MBB11/M);
e) Record of destruction or disposal of evidence, means of administrative violations (MBB12/M);
g) Record of verification or interview (MBB10/M).
Article 2. Implementation clause
1. This Circular takes effect from October 1, 2015.
2. Repeal the stamp models specified in Clauses 9, 11, 13, 15, 16, and 17 Section B and Clause 2 Section C Article 3 Circular No. 26/2013/TT-BCT dated October 30, 2013 of the Minister of Industry and Trade regarding the model of records and decisions used in inspection activities and administrative penalty enforcement by Market Management.
3. The Director of the Ministry's Office, the Director of the Market Management Department, the Heads of units under the Ministry, the Directors of Provincial Departments of Industry and Trade, the Heads of Market Management Branches in centrally governed cities and provinces, and related organizations and individuals are responsible for implementing this Circular./.
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