Circular No. 15/2016/TT-BCT guiding certain provisions on specialized inspection in the Industry and Trade sector

CIRCULAR

Guidelines on certain provisions regarding specialized inspection in Industry and Trade

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Based on the Inspection Law dated November 15, 2010;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing 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;

BASED ON Decree No. 127/2015/NĐ-CP dated December 14, 2015 of the Government on organization and operation of specialized inspection in the Industry and Trade sector;

||| The undersigned kindly requests Customs Administration to temporarily suspend Customs procedure for the shipment (regarding the Announcement Number... dated... issued by the Customs Administration).AT THE REQUEST OF the Inspector General of the Ministry;

The Minister of Industry and Trade promulgates THIS Circular guides certain provisions on 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 agencies assigned to perform specialized inspection functions; duties and powers of heads of agencies assigned to perform specialized inspection functions; uniforms, standards, and Inspection Officer Cards for specialized inspection; training in specialized inspection in the Industry and Trade sector.

Article 2. Applicability

This Circular applies to state inspection agencies in the Industry and Trade sector; agencies assigned to perform specialized inspection functions; heads of agencies assigned to perform specialized inspection functions; persons assigned to perform specialized inspection tasks and related agencies, organizations, and individuals.

Article 3. Advisory Unit for Specialized Inspection Work at General Departments, Departments, and Branches

1. The advisory unit for specialized inspection work at General Departments, Departments, and Branches (hereinafter referred to as the advisory unit) has the function of advising and assisting the General Department Director, Department Director, and Branch Director in organizing and implementing specialized inspection work within the scope of management authority of the General Department, Department, and Branch. The establishment of the advisory unit shall be carried out in accordance with the provisions of the law.

2. Duties and powers of the advisory unit:

a) Advising and assisting the General Department Director, Department Director, and Branch Director in performing the duties and powers prescribed in Decree No. 127/2015/NĐ-CP dated December 14, 2015 of the Government on organization and operation of specialized inspection in the Industry and Trade sector (hereinafter referred to collectively as Decree No. 127/2015/NĐ-CP);

b) Advising and assisting the General Department Director, Department Director, and Branch Director in developing annual inspection plans based on the functional responsibilities and powers assigned to the unit;

c) Advising and assisting the General Department Director, Department Director, and Branch Director in organizing and implementing inspection plans approved by the Minister of Industry and Trade and the Provincial Industry and Trade Department Director;

d) Assisting the General Department Director, Department Director, and Branch Director in monitoring, urging, and inspecting the implementation of inspection conclusions, recommendations, decisions on handling after inspections, decisions on resolving complaints, and findings of allegations; advising on resolving complaints and allegations and other issues arising during the performance of specialized inspection tasks;

e) Advising and assisting the General Department Director, Department Director, and Branch Director in implementing information and reporting systems for inspection work.

Article 4. Duties and Powers of General Department Directors, Department Directors, and Branch Directors Assigned to Perform Specialized Inspection Functions

General Department Directors, Department Directors, and Branch Directors assigned to perform specialized inspection functions shall carry out their duties and powers as stipulated in Article 13 of Decree No. 127/2015/NĐ-CP and the following specific duties:

1. Submitting to competent authorities for approval of the establishment of the advisory unit; deciding to assign personnel to concurrently serve as advisors for specialized inspection work at the unit;

2. Specifying the functions, duties, powers, and organizational structure of the advisory unit and its head; relationships between the advisory unit and units under the General Department, Department, and Branch regarding inspection, supervision, and administrative violation handling;

3. Deciding to assign civil servants under their management who meet the conditions and criteria to perform specialized inspection tasks (Annex No. 01);

4. Proposing the Inspector General of the Ministry of Industry and Trade to issue Inspection Officer Cards to persons who meet the conditions; recovering the Cards and returning them to the Inspectorate of the Ministry.

Article 5. Uniforms of Persons Assigned to Perform Specialized Inspection Tasks

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

a) General Department Directors and Department Directors under the Ministry of Industry and Trade shall be issued uniforms, shoulder straps, and insignia equivalent to Deputy Heads of the Government Inspectorate. Deputies of heads of agencies assigned to perform specialized inspection functions under the Ministry of Industry and Trade shall be issued uniforms, shoulder straps, and insignia equivalent to Heads of Departments of the Government Inspectorate;

b) Heads and deputies of heads of the advisory unit, persons assigned to perform specialized inspection tasks who are appointed to leadership positions equivalent to Heads of Departments under General Departments, Departments shall be issued uniforms, shoulder straps, and insignia equivalent to Deputy Heads of Departments of the Government Inspectorate;

c) Persons assigned to perform specialized inspection tasks who do not hold leadership management positions shall be issued uniforms equivalent to those of Inspectors.

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

Article 6. 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, as well as the following criteria:

1. Have been appointed to the rank of specialist or equivalent and possess relevant expertise in the field of inspection they are assigned to perform.

2. Hold a certificate of completion of training courses for inspectors or specialized inspectors issued by the competent authority.

Article 7. Regulations 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 regarding the allowance system for specialized inspection civil servants and other related laws.

Article 8. Trade Ministry Specialized Inspector Identity Card

1. The Trade Ministry Specialized Inspector Identity Card (hereinafter referred to as the Card) shall be issued by the Director of the Trade Ministry Inspectorate 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 (applicable in cases where the Card is renewed).

4. Methods of issuing the Card

a) Issuance of a new Card: When civil servants meet the conditions and are assigned to perform specialized inspection tasks by the General Department Director, Department Director, or Branch Director.

b) Reissuance of a Card: When the Card expires; when the Card is lost due to external reasons, when the Card is damaged, when the Card number changes, when there is a change in the name of the agency assigned to perform specialized inspection functions, or when there is a new regulation by the competent authority regarding the issuance and renewal of Cards, then a new Card with the same validity period and card number as the previously issued Card will be reissued.

Article 9. Documents for Card Issuance

1. Documents required for issuing a new Card include:

a) A letter from the General Department, Department, or Branch requesting the Trade Ministry Inspectorate to issue a Card.

b) List of individuals proposed for Card issuance (Annex No. 02).

c) Decision assigning civil servants to perform specialized inspection tasks (original copy).

d) Decision appointing to the civil servant rank or leadership position.

đ) Photographs of the individual proposed for Card issuance (two photographs measuring 20mm x 30mm), clearly marked with their full name and organization on the back of each photograph and on the envelope containing the photographs.

e) Curriculum vitae (Annex No. 03).

g) Certificate of training in inspector or specialized inspector skills still valid, issued by the competent authority.

2. Documents required for reissuing the Card include:

a) A request letter from the General Department, Department, or Branch to the Trade Ministry Inspectorate for reissuance of a Card.

b) List of individuals proposed for reissuance of a Card.

c) Photographs of the individual proposed for Card issuance (two photographs measuring 20mm x 30mm), clearly marked with their full name and organization on the back of each photograph and on the envelope containing the photographs.

d) Certificate of training in inspector or specialized inspector skills still valid, issued by the competent authority.

3. Applications for Card issuance will be reviewed in April and October each year. Units are responsible for submitting application documents to the Trade Ministry Inspectorate before March 25 and September 25 each year. In case of emergency or work requirements, the Trade Ministry Inspectorate will consider issuing Cards based on requests from the General Departments, Departments, or Branches.

Article 10. Use of the Card

1. Persons assigned to perform specialized inspection tasks may only use the Card during the performance of such specialized inspection tasks in accordance with the provisions of the law.

2. When the Card expires or when a civil servant assigned to perform specialized inspection tasks transfers to another job, retires, or resigns, they shall be responsible for returning the Card to the General Department, Department, or Branch for submission to the Ministry's Inspectorate.

3. It is strictly prohibited to use the Card for personal purposes, to use someone else’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 handling according to the provisions of the law depending on the nature and degree of violation.

Article 11. Suspension of Use of the Card

The General Department Director, Department Director, or Branch Director shall issue a Decision to temporarily suspend the use of the Card for persons assigned to perform specialized inspection tasks under their management in the following cases:

1. During the period of considering disciplinary action related to the performance of duties; within the appeal period or during the time of considering and resolving appeals regarding disciplinary decisions from warning and above;

2. Engaging in acts of misconduct in the performance of official duties as prescribed by law;

3. There is a decision to accept and resolve complaints against the person holding the Card during the performance of official duties;

4. Being indicted as a suspect awaiting the conclusion of the competent authority regarding the violation of the law;

5. After the competent authority concludes that the person holding the Card did not violate the law during the performance of official duties, the General Department Director, Department Director, or Branch Director shall issue a Decision to revoke the Decision to temporarily suspend the use of the Card.

Article 12. Recovery of the Card

1. Recovery of the Card: When a civil servant dies, retires, resigns, transfers to another agency, goes missing, the Card expires, the civil servant is disciplined with a warning or higher while performing official duties, the appeal period for disciplinary decisions has expired, is criminally processed, or when the civil servant is no longer assigned to perform specialized inspection tasks in the Commerce sector.

2. Based on the provisions of Clause 1 of this Article, the General Department Director, Department Director, or Branch Director shall be responsible for recovering the Card, cutting off a corner of the Card before submitting it and reporting to the Ministry's Inspectorate.

Article 13. Sample of the Card

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 according to Appendix No. 4)

- The top line records the National Emblem of Vietnam "VIỆT NAM", font size 9, bold, light yellow color printed on a red background.SOCIALIST REPUBLIC OF VIET NAM- In the middle of the Card is the National Emblem of Vietnam. The bottom line reads "CIVIL SERVANT INSPECTION CARD", font size 12, all capital letters, bold, yellow color.

b) Back side (Figure 2 according to Appendix No. 4): The background is a pink floral pattern forming rays spreading out from the center; in the middle is the symbol of the inspection sector, printed faintly, diameter 20mm, on the left side is the symbol of the inspection sector with a diameter of 14mm; from the upper left corner (10mm away) to the lower right corner is a diagonal red line 6mm wide. Information on the back side includes:- Full name: Records the full name of the person assigned to perform specialized inspection tasks, normal font, font size 9;- "INSPECTOR GENERAL OF THE MINISTRY": All capital letters, font size 8;

- Signature and full name of the Inspector General of the Ministry: Bold font, font size 9;

- 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;

- Stamp of the Ministry's Inspectorate;

- 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;

4. The Card is laminated for protection on the outside.

5. Card number

The Card has a common code of A05. The Branch adds a local code based on the location of the agency's headquarters (local code according to the Decision No. 93/2005/QĐ-BNV dated August 30, 2005 of the Minister of Home Affairs stipulating the List of Codes for State Agencies).

- 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.

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

- Energy General Department - TCNL;

- Market Management Agency - QLTT;

- E-commerce and Information Technology Department - TMĐT;

- Competition Management Department - QLCT;

Example: The Card number of the person assigned to perform inspection tasks at the Market Management Department, number 25 is: A05-QLTT0025. The Card number of the person assigned to perform inspection tasks at the Hanoi Market Management Branch, number 52 is: A05-T01-QLTT0052.

- Chemicals Bureau - HC;

- Bureau of Safety and Environmental Protection - ATMT;

- Bureau of Power Regulation - DTDL;

- Bureau of Trade Promotion - XTTM;

Article 14. Professional Training for Specialized Inspection

1. The Ministry's Inspectorate is responsible for organizing training and professional development for inspectors and civil servants assigned to perform specialized inspection tasks and those engaged in specialized inspection work in the Commerce sector.

2. The Ministry's Inspectorate is responsible for taking the lead and coordinating with relevant agencies and training institutions to develop programs, materials, and plans for professional development in specialized inspection, submit them for approval by the Minister of Industry and Trade, and organize training according to the plan.

3. Civil servants who complete professional development in specialized inspection will be issued a Certificate valid for three years from the date of issuance.

1. Other agencies under the Ministry of Industry and Trade and Provincial Industry and Trade Offices assigned to perform specialized inspection functions shall apply the provisions of this Circular.

2. Certificates for professional development in specialized inspection already issued continue to be valid until the end of three years as prescribed.

3. Cards for civil servants engaged in specialized inspection already issued before this Circular takes effect continue to be valid.

Article 15. Transitional Provisions

4. This Circular takes effect from September 25, 2016, and replaces Circular No. 29/2013/TT-BCT dated November 13, 2013, of the Minister of Industry and Trade on the organization and operation of inspection in the Commerce sector.

1. Agencies assigned to perform specialized inspection functions conduct inspections within the scope of their functions, tasks, and authorities. In case of overlapping activities in inspection, the provisions of Article 35 of Decree No. 127/2015/NĐ-CP and related provisions shall apply.

2. The Inspector General of the Ministry, Heads of agencies and units under the Ministry of Industry and Trade, Provincial Directors, Inspector Generals of Provinces, Branch Directors of Market Management Branches, and related organizations and individuals are responsible for implementing this Circular.

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

Article 16. Implementation Organization

1. The agencies entrusted with the function of specialized inspection shall conduct inspections within the scope of their assigned functions, tasks, powers. In cases where there is overlap in inspection activities, the provisions of Article 35 of Decree No. 127/2015/NĐ-CP and related regulations shall apply.

2. The Director of the Inspectorate of the Ministry, Heads of agencies and units under the Ministry of Industry and Trade, Directors of Departments, Heads of the Inspectorate of Departments, Chiefs of Market Management Branches, and relevant organizations and individuals are responsible for implementing this Circular.

3. During the implementation process, if any difficulties arise, the Heads of agencies and units shall promptly report to the Ministry of Industry and Trade for guidance./.