Circular No. 14/2020/TT-BCT guiding certain provisions on specialized inspection in Commerce and Industry

    

CIRCULAR

Guidelines on certain provisions regarding specialized inspection in Industry and Trade

Based on the Inspection Law dated November 15, 2010;

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. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

Pursuant to Decree No. 127/2015/ND-CP dated December 14, 2015 of the Government stipulating the organization and operation of specialized inspection in the Industry and Trade sector, and Decree No. 54/2020/ND-CP dated May 18, 2020 of the Government amending and supplementing certain Articles of Decree No. 127/2015/ND-CP;

At the proposal of the Inspector General of the Ministry;

The Minister of Industry and Trade issues this Circular guiding certain provisions regarding specialized inspection in the Industry and Trade sector.

Article 1. Scope of Regulation

This Circular guides the advisory unit for specialized inspection work; duties and powers of the agency entrusted with the function of specialized inspection; duties and powers of the head of the agency entrusted with the function of specialized inspection; duties and powers of the Bureau under the General Department of Market Surveillance; uniforms, standards, Inspection Officer cards; training in specialized inspection work in the Industry and Trade sector and the plan for specialized inspection.

Article 2. Applicability

This Circular applies to the Inspectorate of the Ministry of Industry and Trade; agencies entrusted with the function of specialized inspection in the Industry and Trade sector; heads of agencies entrusted with the function of specialized inspection in the Industry and Trade sector; persons entrusted with the task of specialized inspection in the Industry and Trade sector and related agencies, organizations, and individuals.

Article 3. Advisory Unit for Specialized Inspection Work at the General Department of Market Surveillance and Equivalent Units, Bureaus under the Ministry of Industry and Trade, and Bureaus under the General Department of Market Surveillance

1. The advisory unit for specialized inspection work at the General Department of Market Surveillance and equivalent units, bureaus under the Ministry of Industry and Trade, and bureaus under the General Department of Market Surveillance (hereinafter referred to as the advisory unit) has the function of advising and assisting the Director-General of the General Department of Market Surveillance, the Bureau Chiefs under the General Department of Market Surveillance, and the Bureau Chiefs under the Ministry of Industry and Trade in organizing the implementation of specialized inspection work within the scope of their management authority. The advisory unit for specialized inspection work at the General Department is organized in the form of a Department; at bureaus under the Ministry of Industry and Trade and bureaus under the General Department of Market Surveillance, it is organized in the form of a Division.

2. Duties and powers of the advisory unit:

a) Advising and assisting the Director-General and equivalents, Bureau Chiefs under the Ministry of Industry and Trade, and Bureau Chiefs under the General Department of Market Surveillance (hereinafter collectively referred to as the heads of the agencies) in performing the tasks and powers prescribed in Decree No. 127/2015/ND-CP dated December 14, 2015 of the Government stipulating the organization and operation of specialized inspection in the Industry and Trade sector, and Decree No. 54/2020/ND-CP dated May 18, 2020 of the Government amending and supplementing certain Articles of Decree No. 127/2015/ND-CP (hereinafter collectively referred to as Decree No. 127/2015/ND-CP);

b) Based on its advisory functions, tasks, and powers, assisting the heads of the agencies in drafting the annual inspection plan, serving as the coordinating point with the Inspectorate of the Ministry of Industry and Trade in drafting the inspection plan and adjusting the annual inspection plan according to the requirements of state management by the Ministry, the agency, and actual conditions;

c) Advising and assisting the heads of the agencies in implementing the inspection plan approved by the Minister of Industry and Trade;

d) Assisting the heads of the agencies in monitoring, urging, and inspecting the implementation of inspection conclusions, recommendations, decisions on handling after inspections, decisions on resolving complaints, and findings of content reported; advising on the resolution of complaints and reports arising during the implementation of specialized inspection tasks, recommending the handling of administrative violations according to the law;

đ) Advising and assisting the heads of the agencies in implementing the information and reporting system related to specialized inspection work;

e) Proposing that agencies assign personnel to participate in specialized inspection teams;

g) Handling within their authority or recommending competent state agencies to handle violations of the law discovered through inspection work.

Article 4. Tasks and Authorities of the Head of the Agency Assigned to Perform Specialized Inspection Functions

The head of the agency assigned to perform specialized inspection functions shall carry out the tasks and authorities specified in Decree No. 127/2015/NĐ-CP and the following specific tasks:

1. Specify the functions, tasks, and authorities of the advisory department and the person in charge of the advisory department; the working relationship between the advisory department and other departments within the agency regarding specialized inspection work and administrative violation handling.

2. Decide on assigning civil servants under their management who meet the conditions and standards to perform specialized inspection tasks (Annex No. 01).

3. Propose the Ministry of Industry and Trade to issue a Specialized Inspection Civil Servant Card for persons meeting the conditions.

4. Temporarily suspend the use of the Card according to the provisions of Article 12 of this Circular, recover the Card according to the provisions of Article 13 of this Circular, and return it to the Inspectorate of the Ministry.

5. Bear responsibility for the standards of persons assigned to perform specialized inspection functions and the proposal to issue Cards.

Article 5. Tasks and Authorities of the Bureau Under the General Department of Market Administration

1. Develop and submit the annual inspection plan to the General Department for consolidation and submission to the Inspectorate of the Ministry for approval by the Minister.

2. Submit adjustments to the annual inspection plan to the General Department for consolidation and submission to the Inspectorate of the Ministry for approval by the Minister.

3. Implement the annual inspection plan after approval by the Minister.

4. Assign civil servants from the agency to participate in inter-agency inspection teams at local level led by provincial Departments and agencies.

5. Handle complaints, reports, and issues arising during the implementation of specialized inspection tasks according to the level of management.

6. Implement regular and ad hoc reporting systems as prescribed.

Article 6. Uniforms for Persons Assigned to Perform Specialized Inspection Tasks

1. The uniforms for persons assigned to perform specialized inspection tasks in the Ministry of Industry and Trade shall be implemented according to the provisions of Circular No. 02/2015/TT-TTCP dated March 16, 2015, issued by the Government Inspectorate on the uniforms of state inspectors, officers, civil servants, and staff members of state inspectorates, and Joint Circular No. 73/2015/TTLT-BTC-TTCP dated May 12, 2015, issued by the Ministry of Finance and the Government Inspectorate on the management and issuance of uniforms for state inspectors, officers, civil servants, and staff members working in state inspectorates. For civil servants assigned to perform specialized inspection tasks at Bureaus under the Ministry of Industry and Trade:

a) The Bureau Director shall be provided with uniforms, shoulder straps, and insignia equivalent to those of a Deputy Director of the Government Inspectorate; the Deputy Bureau Director shall be provided with uniforms, shoulder straps, and insignia equivalent to those of a Department Head in the Government Inspectorate;

b) Heads of Departments shall be provided with uniforms, shoulder straps, and insignia equivalent to those of a Deputy Department Head in the Government Inspectorate;

c) Civil servants not holding leadership positions shall be provided with uniforms and shoulder straps equivalent to those of a State Inspector.

2. Persons assigned to perform specialized inspection tasks in market administration agencies shall use the uniforms of the market administration force.

Article 7. Standards for individuals assigned to perform specialized inspection tasks

Individuals assigned to perform specialized inspection tasks must meet the standards stipulated in Article 12 of Decree No. 07/2012/NĐ-CP dated February 9, 2012, of the Government on agencies assigned to perform specialized inspection functions and specialized inspection activities, and the following criteria:

1. Having been appointed to the rank of specialist or higher and possessing relevant expertise in the field of inspection they are assigned to perform.

2. Holding a Certificate of Inspector Training or higher, or specialized inspector training certificate issued by the competent authority.

Article 8. Treatment for individuals assigned to perform specialized inspection tasks

Individuals assigned to perform specialized inspection tasks shall be entitled to receive allowances as prescribed in Decision No. 12/2014/QĐ-TTg dated January 27, 2014, of the Prime Minister on the allowance system for specialized inspection civil servants, and other relevant laws.

Article 9. Trade Ministry Specialized Inspection Civil Servant Card

1. The Trade Ministry Specialized Inspection Civil Servant Card (hereinafter referred to as the Card) shall be issued by the Minister of Industry and Trade to individuals assigned to perform specialized inspection tasks.

2. The cost of producing the Card shall be funded from the State budget allocated to the Ministry of Industry and Trade.

3. The validity period of the Card is five years from the date of issuance.

4. Methods of issuing the Card

a) Issuing a new Card: When a civil servant meets the conditions and is assigned by the head of the agency to perform specialized inspection tasks;

b) Reissuing the Card: When the Card expires; when the Card is lost due to external reasons, when the Card is damaged, when there is a change in the card number, name of the agency assigned to perform specialized inspection functions, or when there is a new regulation from the competent authority, the reissued Card will have the same validity period and card number as the previously issued Card.

Article 10. Application for the Card

1. Documents required for issuing a new Card include:

a) A request letter from the head of the agency sent to the Ministry of Industry and Trade requesting issuance of the Card;

b) List of requests for new Cards (Annex No. 07);

c) Photographs of civil servants wearing their departmental uniforms (two photographs measuring 20mm x 30mm) taken within six months, with full name and agency clearly marked on the back of each photograph and on the envelope containing the photographs.

2. Documents required for reissuing the Card include:

a) A request letter from the head of the agency sent to the Ministry of Industry and Trade requesting reissuance of the Card;

b) List of requests for reissued Cards (Annex No. 07);

c) Photographs of civil servants wearing their departmental uniforms (two photographs measuring 20mm x 30mm) taken within six months, with full name and agency clearly marked on the back of each photograph and on the envelope containing the photographs.

3. Applications for the Card will be reviewed in April and October each year. The head of the agency is responsible for submitting the application documents to the Ministry of Industry and Trade (Inspectorate Department) before March 25 and September 25 each year. In cases of emergency or at the request of work, the Ministry of Industry and Trade may consider issuing the Card based on the agency's request.

Article 11. Use of the Card

1. Individuals assigned to perform specialized inspection tasks may only use the Card during the performance of specialized inspection tasks as prescribed by law.

2. It is strictly prohibited to use the Card for personal purposes, to use another person's Card, or to lend the Card to others for use. If a civil servant uses the Card contrary to regulations, they will be subject to legal sanctions depending on the nature and degree of violation.

3. The head of the specialized inspection team must carry the Card during the inspection process.

Article 12. Suspension of Card Usage

1. The head of the agency entrusted with the function of specialized inspection shall issue a Decision to suspend the use of the Card for individuals assigned to perform specialized inspection tasks under their management in any of the following cases:

a) Engaging in acts of violation of laws in the course of inspection activities as prescribed by law without a decision on handling;

c) Being on temporary suspension from work pending disciplinary action;

d) Being subject to disciplinary action in the form of reprimand or higher;

đ) Being indicted, temporarily detained, or arrested.

2. After the competent authority concludes that the individual holding the Card has not violated the law during the performance of official duties, the head of the agency shall issue a Decision to revoke the Decision suspending the use of the Card.

Article 13. Revocation of the Card

The head of the agency entrusted with the function of specialized inspection shall issue a Decision to revoke the Card of individuals assigned to perform specialized inspection tasks, cut the corner of the Card before submission, and report to the Ministry of Industry and Trade in any of the following cases:

a) Transferring to another agency or unit, retiring, or resigning while still in service; death while in service;

c) Being sentenced by a court with a criminal judgment having legal effect or being subject to disciplinary action in the form of demotion in rank, reduction in grade, removal from office, or forced resignation;

d) Losing civil capacity.

Article 14. Card Model

1. The Card is rectangular, measuring 61mm wide and 87mm long, consisting of a card base and protective film. The font displayed on the Card is the Vietnamese font of the Unicode character set according to Vietnam Standard TCVN 6909:2001.

2. The Card consists of two sides

a) Front side (Figure 1 in Appendix 10)

The top line reads the National Emblem of Vietnam The bottom line reads, font size 9, bold, light yellow color printed on a red background.

- In the center of the Card is the National Emblem of Vietnam. The bottom line reads “SPECIALIZED INSPECTION OFFICIAL CARD”, font size 12, bold uppercase letters, yellow color.

b) Back side (Figure 2 in Appendix 10): The background is a pink floral pattern forming rays emanating from the center; in the middle is the symbol of the inspection sector, printed in a faint shadow, diameter 20mm, with the symbol of the inspection sector at the left corner, diameter 14mm; from the top left corner (10mm away) to the bottom right corner is a diagonal red line, width 6mm. The information on the back side includes:

- National Emblem: Uppercase letters, bold, font size 8;

- Motto: Regular letters, bold, font size 8, with underline, with the symbol of the inspection sector on the left;

- “SPECIALIZED INSPECTION OFFICIAL CARD OF THE MINISTRY OF INDUSTRY AND TRADE”: Uppercase letters, font size 9;

- Card Number: Regular letters, font size 9;

- Name: The name of the individual assigned to perform specialized inspection tasks, regular letters, font size 9;

- Agency: The name of the agency where the individual assigned to perform specialized inspection tasks works, regular letters, font size 9;

- Date of issuance of the Card: Italic letters, font size 9;

-  THE MINISTER: Uppercase letters, font size 8;

- Signature and name of the Minister: Bold letters, font size 9;

- Seal of the Ministry of Industry and Trade;

- Portrait photograph of the individual holding the Card, size 20mm x 30mm, stamped with a raised seal at the lower right corner of the photo;

- Validity period: Regular letters, font size 7.

3. The Card is laminated for external protection

4. Card Number

The Card has a common code A05. Provincial Market Management Bureau will have additional local codes based on the main office location (according to the model in Appendix 8). In the case of establishing a Cross-Provincial Market Management Bureau or a Bureau under the Ministry with a change in name, the Minister of Industry and Trade will issue a Decision specifying the Card codes for Cross-Provincial Market Management Bureaus and Bureaus under the Ministry with a change in name.

The serial number of the Card includes: Abbreviation of the agency according to the regulations of the Ministry of Industry and Trade followed by four digits (starting from 0001), specifically:

- General Department of Market Regulation - TCQLTT;

- Provincial/Cross-Provincial Market Management Bureau - QLTT;

- Chemicals Bureau - HC;

- Bureau of Safety and Environmental Protection - ATMT;

- Bureau of Power Regulation - DTDL;

- Bureau of Trade Promotion - XTTM;

- E-commerce and Digital Economy Bureau - TMĐT;

- Bureau of Competition and Consumer Protection – CT;

- Bureau of Trade Defense – PVTM;

- Bureau of Industry – CN.

Example: The Card number of the individual assigned to perform specialized inspection tasks at the General Department of Market Regulation, number 25 is: A05-TCQLTT0025. The Card number of the individual assigned to perform specialized inspection tasks at the Hanoi Market Management Bureau, number 52 is: A05-T01-QLTT0052.

Article 15. Professional Training for Specialized Inspection

1. The Ministry's Inspectorate shall be responsible for organizing training and professional development for specialized inspection for Inspectors and civil servants assigned to perform specialized inspection tasks and those involved in specialized trade inspection work. The Director of the Ministry's Inspectorate shall issue a Decision to open a professional development course for specialized inspection, specifying the time, location, training institution in charge of organizing the course, issuing certificates to participants, and the responsibilities of related organizations and individuals. (According to Model Appendix No. 02).

2. The Ministry's Inspectorate shall be responsible for leading and coordinating with relevant training institutions to develop programs, materials, and plans for professional development in specialized inspection, submitting them for approval by the Minister of Industry and Trade, and implementing the training according to the plan.

3. Before November 30 each year, agencies assigned to perform specialized inspection functions shall compile a list of civil servants expected to participate in professional training for the following year and submit it to the Ministry's Inspectorate for the preparation of the training and development plan. The Ministry's Inspectorate shall submit the plan for the next year for approval by the Minister before December 25 each year.

4. Civil servants who complete the professional development program for specialized inspection shall be issued a professional development certificate as prescribed.

Article 16. Annual Plan for Specialized Inspection of the Ministry of Industry and Trade

1. Based on guidance from the Government Inspectorate and directives from higher-level agencies, and in accordance with management requirements, the Ministry of Industry and Trade shall prepare an annual inspection plan.

2. The Director of the Ministry's Inspectorate shall be responsible for compiling the inspection plan of the Ministry's Inspectorate, General Departments, and equivalent units, and departments under the Ministry of Industry and Trade for submission to the Minister of Industry and Trade for approval (according to Model Appendix No. 03).

3. The General Department of Market Management shall be responsible for compiling the inspection plans of provincial market management departments and submitting them to the Ministry's Inspectorate for consolidation and submission to the Minister for approval and adjustment.

4. Preparing the Annual Inspection Plan

a) Provincial Market Management Departments shall send draft annual inspection plans to the provincial inspectorates before sending them to the General Department for consolidation. Market Management Departments shall be responsible for sending their inspection plans to the General Department of Market Management for consolidation before October 25 each year;

b) General Departments and equivalent units, and departments under the Ministry of Industry and Trade shall be responsible for sending their annual inspection plans to the Ministry's Inspectorate for consolidation before November 5 each year;

5. The main agency conducting inspections shall be responsible for notifying the inspected entities in writing about the inspection plan before December 5 each year (according to Model Appendix No. 05).

6. The annual inspection plan may be adjusted if it falls under any of the following circumstances:

a) At the request of authorized state agencies or proposals from the Ministry's Inspectorate;

b) During the implementation of the approved annual inspection plan, if overlapping occurs or due to other reasons, the Director of the Ministry's Inspectorate shall propose adjustments to the inspection plan for the Minister's consideration and approval;

c) Proposals from the heads of agencies assigned to perform specialized inspection functions.

Based on the mission of the agency and management requirements, if necessary, the head of the agency assigned to perform specialized inspection functions may propose adjustments to the annual inspection plan to ensure the fulfillment of assigned tasks, submitting it for approval by the authorized authority (according to Model Appendix No. 04).

7. The content and procedures for approving adjustments to the inspection plan shall be similar to those for approving the annual inspection plan, clearly stating the reasons for the adjustment. The Ministry's Inspectorate shall submit requests for adjustments to the annual inspection plan to the Minister for review in July, November, and at any time (according to Model Appendix No. 04).

8. The main agency conducting inspections shall be responsible for notifying the inspected entities in writing about the content of the adjusted inspection plan within ten working days after the Minister signs the Decision to adjust the Inspection Plan (according to Model Appendix No. 06).

9. The Director of the Ministry's Inspectorate shall be responsible for monitoring, supervising, and urging the implementation of the annual inspection plan of the Ministry of Industry and Trade.

Article 17. Standards for the Head of Specialized Inspection Teams at Market Management Agencies

1. The standards for the Head of Inspection Teams shall be as prescribed in Article 8 of Circular No. 05/2014/TT-TTCP dated October 16, 2014 of the Government Inspectorate on the organization, operation, working relations of Inspection Teams, and the procedures and formalities for conducting an inspection.

2. The person assigned to head a specialized inspection team at a provincial market management agency must hold the rank of Chief Market Inspector or higher, or Deputy Team Leader or Deputy Department Head or higher.

Article 18. Transitional Provisions

1. Other agencies under the Ministry of Industry and Trade that are tasked with performing specialized inspection functions shall apply the provisions of this Circular.

2. Certificates or Certificates of Professional Training in specialized inspection according to Circular No. 15/2016/TT-BCT dated August 10, 2016 of the Minister of Industry and Trade guiding certain provisions on specialized industry inspections issued after October 21, 2017 shall continue to be valid as prescribed.

3. Specialized inspection official cards issued according to Circular No. 15/2016/TT-BCT shall continue to be valid for use until their expiration date.

4. In cases where the Government Inspectorate has different regulations regarding the standards for persons assigned to head specialized inspection teams, such regulations shall be applied according to the Government Inspectorate's provisions.

Article 19. Implementation

1. This Circular takes effect from August 15, 2020 and replaces Circular No. 15/2016/TT-BCT dated August 10, 2016 of the Minister of Industry and Trade guiding certain provisions on specialized industry inspections.

2. The Heads of Inspectors of the Ministry, the Heads of agencies tasked with performing specialized inspection functions, and related organizations and individuals are responsible for implementing this Circular.

3. During implementation, if there are any difficulties, the Heads of agencies, units, and individuals should promptly report them to the Ministry of Industry and Trade for guidance./.