Circular No. 18/2018/TT-BKHCN guides the implementation of certain provisions of Government Decree No. 119/2017/NĐ-CP on administrative penalties for violations in the field of standards, measurement, and product quality. The Circular stipulates core provisions on determining the value of products, forms of penalty, authority to impose penalties, and specific acts of violation.
Scope of application
Organizations and individuals committing administrative violations in the field of standards, measurement, and product quality; persons authorized to impose administrative penalties and to prepare administrative violation records.
Key points
- This Circular applies to organizations and individuals committing administrative violations in the field of standards, measurement, and product quality; persons authorized to impose penalties and to prepare administrative violation records.
- The value of the violating products, goods is determined according to the formula: Quantity of violating products, goods x Price of violating products, goods.
- Revoking the right to use the approval decision for measuring instrument models from 1 to 3 months for organizations and individuals violating regulations on the production and import of measuring instruments.
- Acts of violation in trading measuring instruments: Not having or failing to present the calibration certificate when trading measuring instruments of group 2.
- Seizing the contraband, violating means, and revoking the business license for using measuring instruments not in accordance with regulations.
🌐 Social impact of this document
- Administrative penalties in the field of standards, measurement, and product quality will contribute to protecting consumer rights and improving product quality.
- However, implementing these regulations may impose financial burdens on businesses due to the need to comply with technical requirements and inspections.
❓ Frequently asked questions
How are administrative violations in the field of standards, measurement, and product quality penalized?
Depending on the level of violation, organizations and individuals may be fined or have their right to use the approval decision for measuring instrument models revoked for 1 to 3 months.
Who has the authority to prepare administrative violation records?
Inspectors, persons assigned to perform specialized inspection tasks in the field of science and technology; Heads of specialized inspection teams for standards, measurement, and product quality.
What actions are penalized when using measuring instruments not in accordance with regulations?
Using measuring instruments of group 2 without a calibration certificate or using them as required to be calibrated periodically but failing to undergo calibration at designated calibration organizations.
What actions are penalized when producing or importing goods?
Violating the announcement of applicable standards, conformity, non-conformity, and the quality of goods not meeting announced standards.
Full text
CIRCULAR
Guidelines for Implementing Certain Provisions of Decree No. 119/2017/NĐ-CP dated November 1, 2017 of the Government on Administrative Sanctions for Violations in the Field of Standards, Metrology, and Product Quality
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Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Science and Technology;
Pursuant to Decree No. 119/2017/NĐ-CP dated November 1, 2017 of the Government on Administrative Sanctions for Violations in the Field of Standards, Metrology, and Product Quality;
At the proposal of the Inspector General of the Ministry, the Director-General of the Standardization, Metrology, and Quality Control Agency, and the Director of the Legal Department;
The Minister of Science and Technology issues this Circular guiding the implementation of certain provisions of Decree No. 119/2017/NĐ-CP dated November 1, 2017 of the Government on Administrative Sanctions for Violations in the Field of Standards, Metrology, and Product Quality.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular guides the implementation of certain provisions of Decree No. 119/2017/NĐ-CP dated November 1, 2017 of the Government on Administrative Sanctions for Violations in the Field of Standards, Metrology, and Product Quality (hereinafter referred to as Decree No. 119/2017/NĐ-CP).
Article 2. Applicability
1. Organizations and individuals committing administrative violations in the field of standards, metrology, and product quality.
2. Persons authorized to impose administrative sanctions and persons authorized to prepare administrative violation records in the field of standards, metrology, and product quality as stipulated in Chapter III of Decree No. 119/2017/NĐ-CP.
3. Other organizations and individuals related to administrative sanctions in the field of standards, metrology, and product quality.
Article 3. Principles of Imposition of Sanctions
1. The imposition of administrative sanctions in the field of standards, metrology, and product quality shall be carried out according to the principles set forth in Clause 1, Article 3 of the Law on Handling Administrative Violations dated June 20, 2012 (hereinafter referred to as the Law on Handling Administrative Violations).
2. When discovering organizations or individuals committing administrative violations concerning standards, metrology, and product quality, the person authorized to perform official duties as stipulated in Chapter III of Decree No. 119/2017/NĐ-CP must immediately compel such organizations or individuals to cease their violations. The compulsion to stop the violation is reflected in the inspection report, inspection record, or administrative violation record.
3. The person authorized to impose administrative sanctions for violations concerning standards, metrology, and product quality as stipulated in Articles 34, 35, 36, 37, 38, 39, 40, and 41 of Decree No. 119/2017/NĐ-CP. A person authorized to prepare an administrative violation record but lacking authority to impose sanctions shall have the responsibility to submit or transfer the case file of the administrative violation to the person authorized to impose sanctions for consideration and handling in accordance with the law.
Article 4. Determination of the Value of Violating Products and Goods; Value of Sold Products and Goods
1. The determination of the value of violating products and goods shall be carried out in accordance with Article 60 of the Law on Handling Administrative Violations. The total value of violating products and goods at the time of the administrative violation shall be determined in accordance with Section 2, Chapter II of Decree No. 119/2017/NĐ-CP and calculated using the following formula:
|
Total value of violating products and goods |
= |
Quantity of violating products and goods discovered at the time of inspection |
x |
Price of violating products and goods |
(Total value of violating products and goods equals the quantity of violating products and goods discovered at the time of inspection multiplied by the price of violating products and goods).
2. The determination of the value of sold violating products and goods to determine the fine range prescribed in Articles 17, 18, 19, and 20 of Decree No. 119/2017/NĐ-CP shall be carried out in accordance with Article 13b of Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing certain provisions of the Law on Product and Goods Quality, amended and supplemented by Clause 6, Article 1 of Decree No. 74/2018/NĐ-CP dated May 15, 2018 of the Government.
Article 5. Determination of illegal gains from administrative violations
The determination of illegal gains from administrative violations as stipulated in Clause 5, Article 8, Point b, Clause 7, Article 10, Clause 3, Article 14, Clause 3, Article 15, and Clause 3, Article 16 of Decree No. 119/2017/ND-CP shall be implemented according to the provisions of Chapter III of Decree No. 86/2012/ND-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain articles of the Law on Measurement (hereinafter referred to as Decree No. 86/2012/ND-CP).
Article 6. Conclusion on measurement instrument errors and measurement errors
The conclusion on measurement instrument errors and measurement errors shall only have legal validity when carried out by one of the following organizations or individuals:
1. Metrology inspectors certified and issued cards by the General Department of Standardization, Metrology and Quality Control.
2. Science and Technology Inspectors; persons assigned to perform specialized inspection tasks in the field of science and technology.
3. Heads of specialized inspection teams for metrology.
4. State management agencies for metrology; state inspection agencies for metrology.
5. Calibration organizations designated by the General Department of Standardization, Metrology and Quality Control to calibrate measurement instruments.
Chapter II
SPECIFIC PROVISIONS
Section 1
ADMINISTRATIVE VIOLATIONS REGARDING MEASUREMENT
Article 7. Violations and forms of penalties in the production of measurement instruments as stipulated in Article 6 of Decree No. 119/2017/ND-CP
1. The violation as stipulated in Point c, Clause 1, Article 6 of Decree No. 119/2017/ND-CP is the act of organizations or individuals producing measurement instruments but not marking or engraving measurement units or marking or engraving measurement units not in accordance with Articles 5 and 6 of Decree No. 86/2012/ND-CP.
2. The violation as stipulated in Point a, Clause 4, Article 6 of Decree No. 119/2017/ND-CP is the act of organizations or individuals producing measurement instruments whose technical measurement characteristics have been changed compared to the technical measurement characteristics of the approved measurement instrument model by the General Department of Standardization, Metrology and Quality Control.
3. Revocation of the right to use the decision approving the measurement instrument model as stipulated in Clause 5, Article 6 of Decree No. 119/2017/ND-CP is the act of authorized persons as stipulated in Articles 34, 35, 36, 37, 38, 39, 40, and 41 of Decree No. 119/2017/ND-CP issuing a decision to revoke the right to use the approval decision for a period of one to three months for organizations or individuals who violate the provisions of Clause 4, Article 6 of Decree No. 119/2017/ND-CP.
The procedure for revoking the right to use the decision approving the measurement instrument model shall be carried out in accordance with Article 80 of the Law on Administrative Offense Handling.
Article 8. Violations in the import of measurement instruments as stipulated in Article 7 of Decree No. 119/2017/ND-CP
1. The violation as stipulated in Point a, Clause 3, Article 7 of Decree No. 119/2017/ND-CP is the act of organizations or individuals importing measurement instruments belonging to the List of Group 2 measurement instruments but without the decision approving the measurement instrument model from the General Department of Standardization, Metrology and Quality Control.
2. The violation as stipulated in Point a, Clause 4, Article 7 of Decree No. 119/2017/ND-CP is the act of organizations or individuals importing measurement instruments whose technical measurement characteristics have been changed compared to the technical measurement characteristics of the approved measurement instrument model by the General Department of Standardization, Metrology and Quality Control.
Article 9. Violations in trading measuring instruments as stipulated in Article 9 of Decree No. 119/2017/ND-CP
1. The violation as prescribed in point a, Clause 2, Article 9 of Decree No. 119/2017/ND-CP is the act of organizations or individuals trading measuring instruments listed in the List of Measuring Instruments Group 2 but without or failing to present to the competent authority the calibration certificate or verification certificate as prescribed in Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities of calibration, verification, and testing of measuring instruments, measurement standards (hereinafter referred to as Circular No. 24/2013/TT-BKHCN) and Clause 2, Article 4 of Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of the Minister of Science and Technology on measurement for measuring instruments group 2 (hereinafter referred to as Circular No. 23/2013/TT-BKHCN).
2. The violation as prescribed in point b, Clause 2, Article 9 of Decree No. 119/2017/ND-CP is the act of organizations or individuals trading measuring instruments listed in the List of Measuring Instruments Group 2 but without a decision approving the model from the General Department of Standardization, Measurement, and Quality Control.
3. The violation as prescribed in point c, Clause 2, Article 9 of Decree No. 119/2017/ND-CP is the act of organizations or individuals trading measuring instruments with metrological technical characteristics changed compared to the metrological technical characteristics of the approved measuring instrument model by the General Department of Standardization, Measurement, and Quality Control.
Article 10. Violations and forms of punishment in using measuring instruments group 2 as stipulated in Article 10 of Decree No. 119/2017/ND-CP
1. The violation as prescribed in point a, Clause 1, Article 10 of Decree No. 119/2017/ND-CP is the act of organizations or individuals using measuring instruments group 2 without a calibration certificate (seal, stamp, calibration certificate) in accordance with Circular No. 24/2013/TT-BKHCN.
2. The violation as prescribed in point d, Clause 1, Article 10 of Decree No. 119/2017/ND-CP is the act of organizations or individuals using measuring instruments group 2 which must be periodically calibrated through comparative calibration but the organization or individual using such measuring instrument does not have it calibrated at a designated comparative calibration organization.
3. The supplementary form of punishment as prescribed in Clause 6, Article 10 of Decree No. 119/2017/ND-CP shall be implemented as follows:
a) Seizure of contraband goods and violative measuring instruments as prescribed in point a, Clause 6, Article 10 of Decree No. 119/2017/ND-CP is the act of the authorized person deciding to seize the measuring instrument being used by the organization or individual to commit the violation.
Procedures for seizure, handling of contraband goods and seized measuring instruments shall be carried out in accordance with Article 81 and Article 82 of the Law on Handling Administrative Violations and guiding documents on managing and disposing of contraband goods and seized assets transferred to the state treasury due to administrative violations;
b) Revocation of business operation permit certificates as prescribed in point b, Clause 6, Article 10 of Decree No. 119/2017/ND-CP is the act of the authorized person imposing administrative sanctions in the field of standardization, measurement, and product quality deciding to revoke the right and recording it in the administrative sanction decision.
Procedures for revoking business operation permit certificates issued by authorized state agencies shall be carried out in accordance with Article 80 of the Law on Handling Administrative Violations.
4. Compulsory recovery of expired calibration or verification certificates as prescribed in point a, Clause 7, Article 10 of Decree No. 119/2017/ND-CP is the act of the authorized person requiring the violative organization or individual to self-recover the expired calibration or verification certificates of the measuring instruments they are using.
5. Some points to note when applying Article 10 of Decree No. 119/2017/ND-CP for punishment:
a) The value of the measuring instrument serving as the basis for determining the penalty range and the authority to impose penalties shall be based on the value of one or more measuring instruments used to carry out the same violation;
b) The imposition of penalties for violations related to calibration during the use of measuring instruments group 2 as prescribed in points a, b, and c, Clause 1, Article 10 of Decree No. 119/2017/ND-CP shall apply to measuring instruments that must be calibrated according to Clause 2, Article 4 of Circular No. 23/2013/TT-BKHCN.
Article 11. Violations concerning measurement for Group 2 measurements as stipulated in Article 14 of Decree No. 119/2017/NĐ-CP
1. The violation as prescribed in point a, Clause 1, Article 14 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals using measuring instruments that do not meet the conditions as prescribed for persons with rights and obligations to supervise and inspect the implementation of measurements, measurement methods, measuring instruments, quantities of goods, and services.
Example 1: Not ensuring the full availability and readiness of measuring containers, measuring jugs, measuring tubes as required at retail gasoline and diesel fuel stores according to Clause 4, Article 6 of Circular No. 15/2015/TT-BKHCN dated August 25, 2015 issued by the Minister of Science and Technology on measurement and quality in petroleum trade (hereinafter referred to as Circular No. 15/2015/TT-BKHCN), Decree No. 83/2014/NĐ-CP dated September 3, 2014 of the Government on petroleum trade, and Decree No. 08/2018/NĐ-CP dated January 15, 2018 of the Government amending certain decrees related to investment and business conditions under the management of the Ministry of Industry and Trade.
Example 2: Organizations and individuals failing to perform or failing to use other organizations or individuals with the capacity to perform periodic inspections (in cases where organizations or individuals cannot perform inspections themselves) of measuring instruments, measurement systems, and conditions for implementing measurements; failing to retain records of periodic inspection of measuring instruments, measurement systems, and conditions for implementing measurements as prescribed in Clause 5, Article 6 of Circular No. 15/2015/TT-BKHCN or as prescribed in Clause 4, Article 4 of Circular No. 22/2013/TT-BKHCN dated September 26, 2013 issued by the Minister of Science and Technology on measurement management in gold trade and quality management of circulating jewelry and decorative gold products.
2. The violation as prescribed in point b, Clause 1, Article 14 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals not complying with or not ensuring compliance with technical requirements for measuring instruments, measurement conditions, and measurement errors as prescribed by competent authorities.
Example: Persons conducting volume measurements in retail trade not complying with one of the requirements stipulated in Article 4 of Circular No. 09/2017/TT-BKHCN dated June 27, 2017 issued by the Minister of Science and Technology on measurement for volume measurements in retail trade.
Article 12. Violations concerning measurement for prepackaged goods quantity in production, import, and sale as stipulated in Articles 15 and 16 of Decree No. 119/2017/NĐ-CP
1. The violation as prescribed in point a, Clause 1, Article 15 and point a, Clause 1, Article 16 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals producing or importing or selling prepackaged goods without marking the quantity of prepackaged goods on packaging or product labels or marking but not meeting technical requirements for measurement of prepackaged goods' quantity; not marking, engraving, or marking incorrectly the prescribed units of measurement as stipulated in Decree No. 86/2012/NĐ-CP.
2. The violation as prescribed in point b, Clause 1, Article 15 and point b, Clause 1, Article 16 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals producing or importing or selling prepackaged goods with declared quantities printed, affixed, or attached directly on prepackaged goods or on packaging or product labels that do not match the declared quantities stated in accompanying documentation, or declaring quantities that do not comply with technical measurement requirements published by organizations or individuals for prepackaged goods group 1 or prescribed by competent authorities for prepackaged goods group 2.
3. The violation as prescribed in Clause 2, Article 15 and Clause 2, Article 16 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals producing or importing prepackaged goods where the quantity of prepackaged goods has an average value lower than the permissible average value as prescribed in Circular No. 21/2014/TT-BKHCN dated July 15, 2014 issued by the Minister of Science and Technology on measurement for prepackaged goods quantity.
Section 2
ADMINISTRATIVE VIOLATIONS CONCERNING STANDARDS, TECHNICAL REGULATIONS, AND PRODUCT QUALITY
Article 13. Violations concerning the announcement of standards as prescribed in Article 17 of Decree No. 119/2017/ND-CP
1. The violation prescribed in Clause 1 of Article 17 of Decree No. 119/2017/ND-CP is the act of organizations or individuals producing or importing products or goods without implementing the announcement of applicable standards as prescribed in Article 23 of the Law on Product Quality.
2. The violation prescribed in Clause 5 of Article 17 of Decree No. 119/2017/ND-CP is the act of organizations or individuals producing or importing products or goods that must establish and apply a quality management system according to the law but fail to establish and apply such a system or do not comply with the requirements of the announced quality management system or do not apply the quality management system standard but announce its application.
Article 14. Violations concerning conformity to standards as prescribed in Article 18 of Decree No. 119/2017/ND-CP
The violation prescribed in Clause 1 of Article 18 of Decree No. 119/2017/ND-CP is the act of organizations or individuals producing or importing products or goods whose quality does not meet the standards they have announced conformity to.
Article 15. Violations concerning compliance with technical regulations as prescribed in Article 19 of Decree No. 119/2017/ND-CP
The violation of not using the conformity mark prescribed in point c, Clause 3 of Article 19 of Decree No. 119/2017/ND-CP applies to products or goods that are required to be announced for compliance and corresponding national technical regulations require the attachment of a conformity mark. It does not apply to products or goods that are required to be announced for compliance but the corresponding national technical regulations do not require the attachment of a conformity mark, such as gasoline, diesel fuel, liquefied petroleum gas (LPG).
Article 16. Violations concerning the quality of goods circulating in the market as prescribed in Article 20 of Decree No. 119/2017/ND-CP
1. Organizations or individuals selling goods without announcing applicable standards or goods whose quality does not conform to the announced standards or the content of the announced standards does not comply with the provisions of corresponding technical regulations or the provisions of competent authorities shall be subject to penalties as prescribed in Article 17 of Decree No. 119/2017/ND-CP.
2. The violation prescribed in Clause 3 of Article 20 of Decree No. 119/2017/ND-CP is the act of organizations or individuals selling goods that have not been announced for applicable standards by the producer or importer as required.
Clause 3 of Article 20 of Decree No. 119/2017/ND-CP shall be applied to impose penalties in cases where organizations or individuals sell goods that are not producers or importers of those goods.
Article 17. Acts of providing false or misleading information about standards, technical regulations, measurement, and product or good quality to consumers or through mass media as prescribed in Clause 1 of Article 24 of Decree No. 119/2017/ND-CP
The violation prescribed in Clause 1 of Article 24 of Decree No. 119/2017/ND-CP is the act of organizations or individuals producing, importing, or trading products or goods with one of the following violations:
1. Providing information on product labels that do not match the declaration file on applicable standards or do not reflect the actual quality of the product or good.
2. Providing information on transaction documents, signs of organizations or individuals or their agents selling products or goods that have been announced for conformity, conformity certification, or the application of a quality management system during production, but in reality, these products or goods have not been announced for conformity, conformity certification, or the application of a quality management system during production.
3. Providing false or misleading information about the quality of products or goods through mass media.
Section 3
ADMINISTRATIVE VIOLATIONS CONCERNING PRODUCT LABELS AND BARCODES
Article 18. Acts violating mandatory content on product labels or mandatory content that must be displayed on product labels according to the nature of the goods as prescribed in Article 31 of Decree No. 119/2017/NĐ-CP
1. The act of violation prescribed in Clause 1 of Article 31 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals producing, importing, transporting, storing, or trading goods where the product label does not fully record or incorrectly records one of the mandatory contents on the product label or mandatory content that must be displayed on the label according to the nature of the goods as prescribed in Article 10 of Decree No. 43/2017/NĐ-CP dated April 14, 2017 of the Government on product labeling. Except for cases where imported goods into Vietnam already have original labels but have not yet had supplementary labels when completing customs clearance procedures. Organizations and individuals must complete the labeling before putting the goods into circulation on the market.
2. The remedial measure "compulsory destruction of goods with non-compliant labels" prescribed in Clause 8 of Article 31 of Decree No. 119/2017/NĐ-CP shall be applied in cases where the non-compliant label cannot be separated from the goods.
Article 19. Acts violating the use of barcode numbers as prescribed in Article 32 of Decree No. 119/2017/NĐ-CP
1. The act of violation prescribed in Point b Clause 1 of Article 32 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals producing, importing goods without completing the renewal procedure but still continuing to use the barcode number for products or goods when the certificate of right to use the barcode number has expired.
2. The act of violation prescribed in Point đ Clause 1 of Article 32 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals using foreign country barcode numbers for products or goods produced, processed, or packaged in Vietnam without notifying in writing accompanied by documentation proving the use of foreign country barcode numbers to the General Department of Standardization, Metrology and Quality Control.
3. The act of violation prescribed in Point a Clause 2 of Article 32 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals producing, trading goods arbitrarily attaching the National Country Code (893) at the beginning of the barcode number printed on the product label without being granted a Certificate of Right to Use Barcode Number by the General Department of Standardization, Metrology and Quality Control.
4. The act of violation prescribed in Point a Clause 3 of Article 32 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals producing, processing, packaging, repackaging products or goods for export under contracts or requests of foreign customers who have correctly recorded the product labels, with the labels attached with barcode numbers of foreign organizations or individuals but not yet been granted by the competent authority abroad or not yet permitted by the foreign organization as the owner of the barcode number.
5. The act of violation prescribed in Point b Clause 3 of Article 32 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals producing, trading goods without a Certificate of Right to Use Barcode Number but using signs causing confusion with barcode numbers to deceive consumers into mistakenly believing that they have been granted a Certificate of Right to Use Barcode Number by the General Department of Standardization, Metrology and Quality Control or the International Organization for Standardization.
Article 20. Acts of violation concerning the use of certificates and issuance of certificates for the right to use barcode numbers as prescribed in Article 33 of Decree No. 119/2017/NĐ-CP
1. The act of violation prescribed in point a, Clause 1, Article 33 of Decree No. 119/2017/NĐ-CP is the act of an organization without the authority to issue certificates for the right to use barcode numbers but has issued such certificates for organizations and individuals engaged in production, import, and sale of goods.
2. The act of violation prescribed in point b, Clause 1, Article 33 of Decree No. 119/2017/NĐ-CP is the act of organizations and individuals engaged in production, import, and sale of goods using certificates for the right to use barcode numbers that were not issued by the General Department of Standardization, Measurement, and Quality Control or the International Barcode Organization.
Section 4
AUTHORITY, PROCEDURES FOR ADMINISTRATIVE SANCTIONS AND APPLICATION OF FORMS TO HANDLE VIOLATIONS
Article 21. Authority and procedures for administrative sanctions of Inspectors and persons assigned to perform specialized inspection tasks in the field of science and technology as prescribed in Articles 34 and 43 of Decree No. 119/2017/NĐ-CP
1. Inspectors and persons assigned to perform specialized inspection tasks in the field of science and technology as prescribed in Clause 1, Article 34 of Decree No. 119/2017/NĐ-CP include: Inspectors working at the Inspectorate of the Ministry of Science and Technology, Inspectorates of Provincial Departments of Science and Technology; persons assigned to perform specialized inspection tasks under the General Department of Standardization, Measurement, and Quality Control, District Standardization, Measurement, and Quality Control Inspectorates.
2. Heads of specialized inspection teams of the Ministry of Science and Technology; Heads of specialized inspection teams of the General Department of Standardization, Measurement, and Quality Control, Heads of specialized inspection teams of Provincial Departments of Science and Technology, and Heads of specialized inspection teams of District Standardization, Measurement, and Quality Control Inspectorates may use the seal of the main agency conducting the inspection when issuing documents to implement inspection tasks.
3. Procedures for administrative sanctions
a) The authority to prepare records of administrative violations in the field of standardization, measurement, and product quality shall be implemented according to the provisions of Article 43 of Decree No. 119/2017/NĐ-CP.
b) In cases where the Head of specialized inspection teams on standardization, measurement, and product quality; civil servants and employees performing their duties discover acts of violation in the field of standardization, measurement, and quality, they have the right to prepare records of administrative violations. The agency issuing the inspection decision or the agency managing civil servants and employees who have prepared the record of administrative violations must promptly complete the file and transfer it to the competent authority for administrative sanctions according to the law.
The file transferring the administrative violation case includes: a letter from the agency transferring the administrative violation case file; the inspection decision or document assigning civil servants and employees to perform the task; the inspection record; the record of administrative violation (if any); evidence of administrative violations, other relevant documents.
Article 22. Application of forms to handle administrative violations
1. For specialized inspection activities, the forms used in inspection activities shall be those issued by the Government Inspectorate and the Ministry of Science and Technology.
2. Other forms in handling administrative violations shall be applied according to the provisions of the Government's Decree detailing certain articles and measures to enforce the Law on Handling Administrative Violations and related laws.
Chapter III
IMPLEMENTATION
Article 23. Effectiveness of Implementation
1. This Circular shall take effect from February 15, 2019.
2. Circular No. 19/2014/TT-BKHCN dated July 1, 2014, guiding the implementation of certain provisions of Decree No. 80/2013/NĐ-CP dated July 19, 2013, of the Government on administrative sanctions for violations in the field of standardization, measurement, and product quality ceases to be effective from the date this Circular takes effect.
3. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new regulations issued.
Article 24. Implementation Responsibilities
1. Authorities responsible for imposing administrative sanctions, authorities responsible for preparing records of administrative violations in the field of standardization, measurement, and product quality as prescribed in Chapter III of Decree No. 119/2017/NĐ-CP and related organizations and individuals are responsible for implementing this Circular.
2. During the implementation process, if there are difficulties or obstacles, they should be reported promptly to the Ministry of Science and Technology for research and guidance on resolution.
DEPUTY MINISTER
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