Circular No. 15/2024/TT-BCT stipulates certain contents regarding specialized inspection in Industry and Trade.

CIRCULAR

REGULATIONS ON CERTAIN CONTENTS REGARDING INDUSTRY AND TRADE SPECIALIZED INSPECTION

Pursuant to the Inspection Law on November 14, 2022;

Pursuant to Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; Decree No. 105/2024/NĐ-CP dated August 1, 2024 of the Government amending and supplementing certain articles of Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 03/2024/NĐ-CP dated January 11, 2024 of the Government stipulating specialized inspection agencies and activities of agencies assigned to perform specialized inspection functions;

At the proposal of the Inspector General of the Ministry of Industry and Trade;

The Minister of Industry and Trade issues this Circular stipulating certain contents regarding specialized industry and trade inspection.

Article 1. Scope of Regulation

This Circular stipulates:

1. Conditions and standards for persons assigned to perform specialized industry and trade inspection tasks; training allowance system for persons assigned to perform specialized industry and trade inspection tasks; issuance of uniforms and specialized industry and trade inspection badges.

2. Other contents regarding specialized industry and trade inspection.

Article 2. Applicability

This Circular applies to the Inspectorate of the Ministry of Industry and Trade; agencies assigned to perform specialized industry and trade inspection functions; the Inspector General of the Ministry of Industry and Trade, heads of agencies assigned to perform specialized industry and trade inspection functions (hereinafter referred to collectively as the Head of the Agency); persons assigned to perform specialized industry and trade inspection tasks and related units, organizations, and individuals.

Article 3. Conditions and Standards for Persons Assigned to Perform Specialized Inspection Tasks

Persons assigned to perform specialized inspection tasks must meet the conditions and standards prescribed in Clause 3, Article 38 of the Inspection Law and the following conditions:

1. Hold a Certificate of specialized inspection training issued by a training institution under the Ministry of Industry and Trade or a Certificate of completion of specialized inspection training issued by the Inspection Cadre School.

2. Be appointed to a position from Assistant Officer, Market Control Officer or equivalent level or higher.

Article 4. Specialized Industry and Trade Inspection Training

1. The Department of Organization and Cadres shall take the lead and coordinate with the Inspectorate to develop and submit to the Ministry's leadership for approval the annual specialized inspection training plan.

2. Based on the approved training and development plan, the Department of Organization and Cadres shall notify specialized inspection agencies of the class schedule and submit to the Ministry's leadership for approval the list of participants in the training.

3. The Inspectorate shall take the lead in developing the specialized inspection training content for persons assigned to perform specialized inspection tasks and other participants in specialized inspection activities including:

a) Legal provisions on specialized inspection;

b) Handling complaints, grievances, receiving citizens, and anti-corruption;

c) Updates on new legal provisions on inspection, handling complaints, and grievances;

d) Other relevant provisions.

Article 5. Uniforms for persons assigned to perform specialized inspection tasks in Industry and Trade

1. The uniforms for persons assigned to perform specialized inspection tasks in Industry and Trade shall be implemented according to the regulations of the Government Inspectorate and the competent authority.

2. The issuance of shoulder boards and insignia for uniforms for persons assigned to perform specialized inspection tasks at the National Competition Commission and the Departments under the Ministry of Industry and Trade (hereinafter referred to collectively as Departments under the Ministry) shall be carried out as follows:

a) The Department Director shall be issued insignia equivalent to that of a Deputy Director of the Ministry's Inspectorate; the Deputy Department Director shall be issued insignia equivalent to that of a Department Head within the Ministry's Inspectorate;

b) Heads of Departments and equivalent positions shall be issued insignia equivalent to that of Deputy Heads of Departments within the Ministry's Inspectorate, Deputy Heads of Departments and equivalent positions shall be issued insignia equivalent to that of Chief Inspectors;

c) Civil servants not holding leadership or management positions shall be issued insignia equivalent to that of Inspectors;

d) At investigation agencies under the National Competition Commission: Heads of investigation agencies shall be issued insignia equivalent to that of a County-level Inspectorate Director, Deputy Heads of investigation agencies shall be issued insignia equivalent to that of a Deputy County-level Inspectorate Director.

2. Persons assigned to perform specialized inspection tasks in market management agencies shall use the uniforms of market management forces according to the provisions of the Government Decree detailing certain provisions of the Market Management Ordinance.

Article 6. Specialized Inspection Badge for Industry and Trade

1. The specialized inspection badge for Industry and Trade (hereinafter referred to as the Badge) shall be issued by the Director of the Ministry of Industry and Trade's Inspectorate to persons assigned to perform specialized inspection tasks. The validity period of the Badge is five years from the date of issuance.

2. The cost of making the Badge shall be funded from the state budget allocated to the Ministry of Industry and Trade's Office.

Article 7. Form, Procedure, and Process for Issuing Badges

1. Form of Badge Issuance

a) New issuance: For individuals meeting the conditions and standards stipulated in Article 3 of this Circular and assigned by the agency head to perform specialized inspection tasks;

b) Reissuance: In cases where the Badge is lost, damaged and cannot be used, or there is a change in information recorded on the Badge. The reissued Badge will have the same validity period and badge number as the previously issued Badge.

2. Procedure and Process for Issuing Badges

a) Badge issuance dossier: A letter requesting the issuance of a Badge from the agency head sent to the Ministry of Industry and Trade's Inspectorate; a list of requests for Badge issuance; two (2) passport-sized photographs (20mm x 30mm) taken against a white background within six months, with full name and workplace clearly marked on the back of each photograph.

In cases of reissuance due to loss, the individual requesting reissuance must provide an explanatory document confirmed by their working agency.

In cases of damage, the original Badge must be included in the reissuance request dossier.

b) Time for reviewing Badge issuance: The agency head is responsible for submitting the Badge issuance request dossier to the Ministry's Inspectorate before March 25 and September 25 each year. The Director of the Ministry's Inspectorate decides on Badge issuance in April and October each year.

In special circumstances, the Director of the Ministry's Inspectorate may consider and decide on Badge issuance based on requests from agency heads assigned to perform specialized inspection functions.

3. The agency head is responsible for ensuring that the conditions and standards of individuals requesting Badge issuance are met.

4. The organizational cadre units under agencies assigned to perform specialized inspection functions in Industry and Trade are responsible for advising the agency head on matters related to new issuance, reissuance, temporary suspension, and recommendation for revocation of Badges.

Article 8. Management and Use of the Card

1. The head of the agency shall be responsible for guiding the person granted the Card to properly store and use the Card for its intended purpose.

2. The person granted the Card may only use the Card during the performance of specialized inspection tasks; they shall not use another person's Card nor lend their Card to others.

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

Article 9. Temporary Suspension of Card Usage

1. The head of the agency shall issue a Decision to temporarily suspend the use of the Card for the person assigned to perform specialized inspection tasks under their management in any of the following cases and report to the Ministry of Industry and Trade Inspectorate:

a) Being under review for disciplinary action due to violations of laws in official duties, except in the case stipulated at point đ clause 1 Article 10 of this Circular;

b) Having been disciplined in official duties but not to the extent that the Card would be revoked according to point b, point đ clause 1 Article 10 of this Circular;

c) Being indicted, detained, or imprisoned;

d) Using the Card for purposes other than its intended use.

2. After receiving a conclusion from the competent authority regarding the non-violation of laws in official duties by the person granted the Card or upon completion of the disciplinary decision period, the head of the agency shall issue a Decision to revoke the temporary suspension of the Card usage.

Article 10. Revocation of the Card

1. The head of the agency shall submit a document to the Ministry of Industry and Trade Inspectorate requesting the revocation of the Card of the person assigned to perform specialized inspection tasks along with relevant files and evidence within five working days from the date of occurrence of any of the following situations for the person assigned to perform specialized inspection tasks:

a) Transferring to another agency or unit, or no longer being assigned to perform specialized inspection tasks, or retiring, resigning, dying, or no longer meeting the conditions for granting the Card;

b) Being disciplined with one of the measures such as demotion in rank, demotion in position, removal from office, or forced resignation in official duties;

c) Being sentenced by the Court with a criminal judgment that has taken effect;

d) Being declared by the Court as having lost civil capacity or missing;

đ) Being concluded by the agency or person with authority to have committed prohibited acts as stipulated in Article 8 of the Inspection Law 2022;

e) The Card has expired.

2. The Chief Inspector of the Ministry of Industry and Trade shall issue a decision to revoke the Card.

3. The person whose Card is revoked shall return the Card to the agency within five working days from the date of receipt of the Decision to revoke the Card. The head of the agency shall be responsible for retrieving and destroying the Card in an appropriate manner and reporting in writing to the Ministry of Industry and Trade Inspectorate.

4. The person whose Card is revoked as stipulated in points b, c, đ clause 1 of this Article shall only be considered for reissuance of the Card two years after the date of the revocation decision.

Article 11. Card Design

1. The Card is rectangular, measuring 61 mm wide and 87 mm long, consisting of the card body 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

The top line reads the National Emblem of Vietnam "SOCIALIST REPUBLIC OF VIETNAM"; font size 9; upright bold font style, 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 CARD"; font size 12; all capital letters, upright bold font style, dark yellow color.

b) Back side: The background is a pink floral pattern forming rays spreading out from the center; in the middle is the inspection sector emblem, printed faintly, diameter 20 mm, on the left corner is the inspection sector emblem, diameter 14 mm; from the upper left corner (10 mm away) to the lower right corner is a diagonal red line, width 6 mm. Information on the back side includes:

 - National Emblem: All capital letters; upright bold font style; font size 8;

 - Motto: Regular font; upright bold font style; font size 8, with underline, on the left is the inspection sector emblem;

 - "SPECIALIZED INSPECTION CARD OF INDUSTRY AND TRADE": All capital letters; upright bold font style; font size 9;

 - Card Number: Regular font; upright font style; font size 9;

 - Name: The name of the person assigned to perform specialized inspection tasks, regular font; upright bold font style; font size 9;

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

- Date of issuance of the Card: Regular font; italic font style; font size 9;

 - DEPUTY INSPECTOR GENERAL OF THE MINISTRY: All capital letters; upright bold font style; font size 8;

- Signature and name of the Deputy Inspector General of the Ministry of Industry and Trade: Regular font; upright bold font style; font size 9; - Seal of the Ministry of Industry and Trade Inspectorate;

 - Portrait photograph of the person granted the Card, size 20 mm x 30 mm, stamped at the bottom right corner of the photo;

 - Validity Period: Regular font; upright font style; font size 7.

3. The Card is laminated with plastic protection on the outside.

4. Card Number

The Card has a common code of A05. Provincial Market Management Bureau adds the local code of the main office location (according to Model 05 in the Appendix). 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 number at 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 Ministry of Industry and Trade regulations, followed by three digits (starting from 001), specifically:

 - General Department of Market Regulation - TCQLTT;

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

- Chemicals Bureau - HC;

 - Industrial Safety and Environmental Protection Bureau - ATMT;

 - Power Regulation Bureau - DTDL;

- E-commerce and Digital Economy Bureau - TMĐT;

 - National Competition Commission - UBCTQG;

 - Industry Bureau - CN. For example: The Card number of the person assigned to perform specialized inspection tasks at the General Department of Market Regulation, number 25 is: A05-TCQLTT025. The Card number of the person assigned to perform specialized inspection tasks at the Hanoi Market Management Bureau, number 52 is: A05-T01-QLTT052.

5. Civil Servants granted the Card after this Circular takes effect shall start with the number 001.

Article 12. Other contents regarding specialized inspection in Commerce and Industry

1. On the Annual Inspection Plan

a) The issuance of the Annual Inspection Plan shall be carried out in accordance with Circular No. 04/2024/TT-TTCP dated April 8, 2024, issued by the Government Inspectorate on the establishment, approval of orientation for the Inspection Program, and issuance of the Inspection Plan.

b) Adjustments to the Inspection Plan shall be made when there is a basis as stipulated in Article 15 of Circular No. 04/2024/TT-TTCP. The head of the agency entrusted with the function of specialized inspection under the Market Management General Department shall submit a request for adjustment of the Inspection Plan to the Market Management General Department for consolidation and submission to the Ministry's Inspectorate for review and presentation to the Minister for decision. In necessary cases, the Minister may delegate the Head of the Ministry's Inspectorate to sign the Decision adjusting the Annual Inspection Plan for cases specified in Clause 1 of Article 15 of Circular No. 04/2024/TT-TTCP.

c) The leading agency conducting the inspection shall have the responsibility to notify in writing the inspected entity about the Inspection Plan and any adjustments to the Inspection Plan no later than 10 days from the date of receipt of the Decision approving or adjusting the Inspection Plan.

2. The head of the agency assigning tasks to advise on specialized inspection work to subordinate units

a) At the Market Management General Department: The task of advising on specialized inspection work shall be performed by the Inspection and Supervision Department.

b) At the Market Management Departments under the Market Management General Department: The task of advising on specialized inspection work shall be performed by the Inspection and Legal Affairs Office. In case of changes in organizational structure and name of the office, the competent authority shall assign the task of advising on specialized inspection work to the relevant department.

c) At the Ministries' Departments: The task of advising on specialized inspection work for units under the Department shall be decided in writing by the head of the agency within 15 days from the date this Circular takes effect or as prescribed in the Decision of the competent authority defining the functions, tasks, and powers of units under the Department.

3. The head of the agency shall issue the Inspection Decision according to regulations or delegate a deputy to issue the Inspection Decision. Delegation of a deputy to issue the Inspection Decision shall be implemented through a task assignment document of the head of the agency and deputy heads of the agency or a directive to issue the Inspection Decision for each specific inspection.

4. The head of the specialized inspection team, in addition to meeting the criteria set forth in Article 28 of Decree No. 43/2023/NĐ-CP dated June 30, 2023, of the Government detailing certain provisions and measures to implement the Law on Inspection, must also have at least nine months of working time (counted until retirement) remaining.

5. On the establishment, retention, and transfer of inspection files

a) Within fifteen days from the end of the inspection file, the head of the inspection team; the person responsible for supervision; organizations and individuals assigned to review the draft Inspection Conclusion (if any) shall have the responsibility to transfer the inspection-related files and documents to the unit advising on specialized inspection work for retention no later than five working days from the date of announcing the Inspection Conclusion.

b) The storage of inspection files shall be carried out in accordance with the laws on archiving.

Article 13. Transitional Provisions

1. Specialized inspection badges issued before the effective date of this Circular shall continue to be valid according to the term indicated on the badge.

2. Professional training certificates issued to civil servants from October 21, 2017 to the present shall continue to be valid.

3. Professional training certificates issued to civil servants at the Competition and Consumer Protection Department (now the National Competition Commission) from October 21, 2017 shall continue to be valid.

Article 14. Effective Date

1. This Circular shall take effect from November 1, 2024.

2. Repeal Circular No. 14/2020/TT-BCT dated June 30, 2020, issued by the Minister of Industry and Trade guiding certain provisions on specialized inspection in Commerce and Industry.

3. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced documents.

Article 15. Responsibility for Implementation

1. The Head of the Ministry of Industry and Trade's Inspectorate, the heads of agencies entrusted with the function of specialized inspection, and related organizations and individuals are responsible for implementing this Circular.

2. During implementation, if there are any difficulties, agencies, organizations, and individuals should promptly report them to the Ministry of Industry and Trade (through the Ministry's Inspectorate) for consideration and guidance./.