Circular No. 19/2014/TT-BKHCN guiding the implementation of certain provisions of Decree No. 80/2013/NĐ-CP dated July 19, 2013 of the Government on administrative penalties for violations in the fields of standards, measurement, and product quality

CIRCULAR

Guidelines for Implementing 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 Standards, Metrology, and Product Quality
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Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 80/2013/NĐ-CP dated July 19, 2013 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 of the National Standard Metrology and Quality Control Agency, and the Director of the Legal Department,

The Minister of Science and Technology issues guidelines for implementing 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 Standards, Metrology, and Product Quality.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide guidance on implementing 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 Standards, Metrology, and Product Quality (hereinafter referred to as Decree No. 80/2013/NĐ-CP).

Article 2. Applicability

1. Organizations and individuals committing administrative violations in the field of standards, metrology, and product quality.

2. Organizations and individuals with authority to impose administrative sanctions in the field of standards, metrology, and product quality.

3. Other related entities involved in imposing administrative sanctions in the field of standards, metrology, and product quality as prescribed by law.

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 in accordance with 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). The maximum fine amount for imposing administrative sanctions in the field of standards, metrology, and product quality shall be implemented according to the provisions of Article 3 of Decree No. 80/2013/NĐ-CP.

2. When discovering organizations or individuals engaging in administrative violations concerning standards, metrology, and product quality, the person authorized to enforce the law as stipulated in Chapter III of Decree No. 80/2013/NĐ-CP must immediately compel such organizations or individuals to cease their violation. The act of compelling cessation of the violation shall be recorded in the working record, inspection report, administrative violation report, or inspection conclusion.

3. The person authorized to impose administrative sanctions concerning standards, metrology, and product quality as stipulated in Articles 29, 30, and 31 of Decree No. 80/2013/NĐ-CP shall exercise their sanctioning power according to this Decree. A person without the authority to impose administrative sanctions shall have the responsibility to immediately transfer the case file of the administrative violation to the person authorized to impose sanctions for consideration and handling.

Article 4. Determination of the Value of Violating Products and Goods

1. The determination of the total value of violating products and goods at the time of administrative violation as stipulated in Chapter II of Decree No. 80/2013/NĐ-CP shall be calculated using the following formula:

Total value of violating products and goods = quantity of violating products and goods discovered x price of violating products and goods at the time of administrative violation.

The basis for determining the value of violating products and goods shall be carried out according to the provisions of Article 60 of the Law on Handling Administrative Violations.

2. Depending on the type of violating products and goods, the determination of value shall be based on one of the following bases in order of priority:

a) Listed price or price stated on the sales contract or purchase invoice or import declaration;

b) Price announced by local financial authorities; if there is no price announcement, then the market price of the locality at the time of the administrative violation;

c) Production cost of the products and goods if they are still stored in the warehouse of the production facility and not yet sold, or the market price of similar products and goods with the same features, technical specifications, and functions at the time of the administrative violation.

Article 5. Determination of illegal gains from administrative violations

1. The determination of illegal gains obtained 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. 80/2013/NĐ-CP shall be carried out according to the provisions of Chapter III of Decree No. 86/2012/NĐ-CP dated October 19, 2012 of the Government detailing and guiding the implementation of certain articles of the Law on Metrology (hereinafter referred to as Decree No. 86/2012/NĐ-CP).

2. Illegal gains obtained from administrative violations must be recorded in the decision on administrative sanctions, not based on the maximum fine level prescribed in Decree No. 80/2013/NĐ-CP and must be paid into the state budget as prescribed.

Article 6. Conclusion on measurement instrument errors and measurement errors

The conclusion on measurement errors of measuring instruments and measurement results only ensures legal validity when performed by one of the following organizations or individuals:

1. Metrology inspectors certified and issued cards by the National Standard Metrology and Quality Control Agency;

2. Inspectors of Science and Technology; specialized Science and Technology inspectors;

3. Heads of specialized Science and Technology inspection teams;

4. State management agencies for metrology.

Chapter II

SPECIFIC PROVISIONS

Section 1

ADMINISTRATIVE VIOLATIONS REGARDING MEASUREMENT

Article 7. Violations in the production of measuring instruments as stipulated in Article 6 of Decree No. 80/2013/NĐ-CP

1. The violation specified in Point c Clause 1 Article 6 is the act of organizations or individuals producing measuring instruments but failing to mark or engrave measurement units or marking or engraving measurement units not in accordance with legally prescribed measurement units as provided for in Decree No. 86/2012/NĐ-CP.

2. The violation specified in Point a Clause 3 Article 6 is the act of organizations or individuals producing measuring instruments listed in the Catalogue of Group 2 Measuring Instruments without a decision approving the sample model issued by the General Department of Standardization, Measurement, and Quality Control.

3. The violation specified in Clause 4 Article 6 is the act of organizations or individuals producing measuring instruments with one or more components changed compared to the file of the approved sample model of Group 2 measuring instruments already approved by the General Department of Standardization, Measurement, and Quality Control.

4. Revoking the right to use the decision approving the sample model as stipulated in Clause 5 Article 6 is the act of the authorized person as stipulated in Articles 29, 30, and 31 of Decree No. 80/2013/NĐ-CP issuing a decision to revoke the right to use the decision approving the sample model for a period of from one month to three months to allow the violating organization or individual to repair the measuring instrument in accordance with the approved sample model.

Article 8. Violations in the importation of measuring instruments as stipulated in Article 7 of Decree No. 80/2013/NĐ-CP

1. The violation specified in Point a Clause 3 Article 7 is the act of organizations or individuals importing measuring instruments listed in the Catalogue of Group 2 Measuring Instruments without a decision approving the sample model issued by the General Department of Standardization, Measurement, and Quality Control.

2. The violation specified in Clause 4 Article 7 is the act of organizations or individuals importing measuring instruments not in accordance with the file of the approved sample model of Group 2 measuring instruments already stored at the General Department of Standardization, Measurement, and Quality Control or at the organization or individual importing the measuring instruments.

Article 9. Violations in the sale of measuring instruments as stipulated in Article 9 of Decree No. 80/2013/NĐ-CP

1. The violation specified in Point a Clause 2 Article 9 is the act of organizations or individuals selling measuring instruments listed in the Catalogue of Group 2 Measuring Instruments without or failing to present to the competent authority a certificate of calibration or calibration label or calibration stamp (hereinafter referred to as the calibration certificate).

2. The violation specified in Point b Clause 2 Article 9 is the act of organizations or individuals selling measuring instruments listed in the Catalogue of Group 2 Measuring Instruments where such measuring instruments do not have a decision approving the sample model issued by the General Department of Standardization, Measurement, and Quality Control.

Article 10. Violations in the use of Group 2 measuring instruments as stipulated in Article 10 of Decree No. 80/2013/NĐ-CP

1. The violation specified in Point a Clause 2 Article 10 is the act of organizations or individuals when using measuring instruments with one of the following violations:

a) Not having a calibration certificate in compliance with Circular No. 24/2013/TT-BKHCN dated September 30, 2013, of the Minister of Science and Technology on activities related to calibration, verification, and testing of measuring instruments and metrological standards (hereinafter referred to as Circular No. 24/2013/TT-BKHCN);

b) Using a calibration certificate that has been erased or altered in content (except for the calibration validity period).

2. The violation specified in Point c Clause 2 Article 10 is the act of organizations or individuals arbitrarily removing the calibration certificate, then reattaching or pasting it back onto the measuring instrument without the witnessing of the General Department of Standardization, Measurement, and Quality Control or the local Metrology and Standardization Inspection Agency.

3. The violation specified in Point d Clause 2 Article 10 is the act of organizations or individuals using Group 2 measuring instruments which must be periodically calibrated through comparative calibration but the user organizations or individuals do not perform calibration at designated comparative calibration agencies.

4. The violation specified in Clause 4 Article 10 is the act of organizations or individuals using measuring instruments with one of the following violations:

a) The measuring instrument in use does not comply with the technical management regulations for each specific type of measuring instrument;

b) The measurement range or accuracy level is not suitable for the intended use;

c) The measuring instrument error does not comply with technical measurement regulations.

5. The violation specified in Point a Clause 5 Article 10 is the act of using a calibration certificate not issued by the calibration agency as stipulated in Circular No. 24/2013/TT-BKHCN; erasing, altering the validity period of the calibration certificate.

6. The violation specified in Points b and c Clause 5 Article 10 is the act of organizations or individuals when using measuring instruments with one of the following violations:

a) The measuring instrument in use has a valid calibration certificate but the user organization or individual makes self-repairs or replaces, adds, or removes parts or equipment;

b) The measuring instrument in use has a valid calibration certificate but the user organization or individual arbitrarily adjusts one or more parts;

c) The measuring instrument in use has a valid calibration certificate but the user organization or individual has affected one or more parts of the measuring instrument, changing its technical condition and measurement characteristics, regardless of the result of the measurement error test.

Example: In the case where the measuring instrument of an organization or individual is operating normally during a sudden check of the measurement error, the result shows a larger measurement error than allowed, and upon turning off the power supply and rechecking the measurement error on the same measuring instrument, the measurement error falls within the allowable limit. This indicates that the organization or individual using the measuring instrument has engaged in actions (through the operation of turning on and off the power supply to the measuring instrument) to change the technical condition and measurement characteristics of the measuring instrument (erasing the detected measurement error of the measuring instrument).

7. The form of supplementary punishment as stipulated in Clause 6 Article 10 shall be implemented as follows:

a) Confiscation of evidence and measuring instruments violating the provisions set forth in Point a, Clause 6, Article 10 is the act of the authorized person issuing the confiscation decision for measuring instruments that organizations or individuals are using to commit violations; confiscating parts and equipment that organizations or individuals have adjusted or replaced arbitrarily compared to the approved documentation of the measuring instrument by the competent authority.

The procedures for confiscation and handling of evidence and measuring instruments confiscated for violation shall be carried out in accordance with the provisions of Article 81 and Article 82 of the Law on Handling Administrative Violations and related documents guiding the management and handling of confiscated assets to be surrendered to the state treasury due to administrative violations.

b) Revocation of the certificate of eligibility for business operations as prescribed in Point b, Clause 6, Article 10 is the act of the authorized person imposing penalties in the field of standards, measurement, and product quality deciding to revoke such certificates and recording this decision in the penalty decision. The procedure for revoking the certificate of eligibility for business operations issued by the competent state agency shall be carried out in accordance with the provisions of Article 80 of the Law on Handling Administrative Violations.

8. Compelling the cancellation of calibration certificates as prescribed in Point a, Clause 7, Article 10 is the act of organizations or individuals who violate the law to cancel these certificates under the supervision and witnessing of the authority issuing the penalty decision. In cases where organizations or individuals who violate the law do not voluntarily cancel the violated calibration certificates, the authority issuing the penalty decision shall organize compulsory destruction.

9. Some points to note when applying Article 10 to impose penalties:

a) The value of the measuring instrument serving as the basis for determining the penalty range and the authority to impose penalties is calculated based on the value of one measuring instrument and penalized according to the violation committed. The determination of the value of the measuring instrument used to commit administrative violations is carried out in accordance with the provisions of Article 60 of the Law on Handling Administrative Violations.

b) Depending on the type of measuring instrument involved in the violation, the determination of the value of the measuring instrument is carried out in accordance with the provisions of Clause 2, Article 4 of this Circular.

Article 11. Violations in measurement concerning Group 2 measurements as stipulated in Article 14 of Decree No. 80/2013/ND-CP

1. The violation prescribed in Point a, Clause 1, Article 14 is the act of the user of the measuring instrument when conducting Group 2 measurements without adhering to the requirements regarding professional qualifications and expertise as prescribed by the measurement management authority.

Example: Staff directly engaged in measuring activities in liquefied petroleum gas (LPG) business have not been trained and issued a certificate of completion of the measurement management vocational training program as prescribed in Clause 5, Article 9, and Clause 2, Article 10 of Circular No. 12/2010/TT-BKHCN dated July 30, 2010, issued by the Minister of Science and Technology guiding the management of measurement, quality in LPG business.

2. The violation prescribed in Point b, Clause 1, Article 14 is the act of the user of the measuring instrument failing to ensure conditions for relevant parties to monitor and inspect the implementation of measurements, measurement methods, measuring instruments, and quantities of goods and services.

Example 1: Failing to ensure the availability and readiness of measuring containers, measuring buckets, and graduated measuring pipes at retail gasoline stores as prescribed in Clause 1, Article 8 of Circular No. 11/2010/TT-BKHCN dated July 30, 2010, issued by the Minister of Science and Technology regulating the management of measurement and quality in the gasoline business as stipulated in Decree No. 84/2009/NĐ-CP dated October 15, 2009, of the Government on gasoline business (hereinafter referred to as Circular No. 11/2010/TT-BKHCN).

Example 2: Failing to install and maintain operational check scales and measurement devices at markets and shopping centers as prescribed in Clause 3, Article 5 of Government Decree No. 99/2011/NĐ-CP dated October 27, 2011, detailing and guiding the implementation of certain articles of the Consumer Protection Law.

Example 3: Failing to conduct periodic self-inspections and retain records of periodic self-inspections of measuring instruments and measurement systems as prescribed in Clause 2, Article 8 of Circular No. 11/2010/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 regulating the management of measurement in gold trading and the management of gold jewelry and art quality circulating in the market.

3. The violation prescribed in Clause 2, Article 14 is the act of organizations or individuals using measuring instruments to conduct measurements with one of the following violations:

a) Conducting weight (weighing) or volume ( measuring) measurements with an excess or deficiency exceeding the allowable limit as prescribed in the regulations on Group 2 measurements issued by the Minister of Science and Technology;

b) Using measuring instruments to conduct Group 2 measurements when the measuring instruments have not been calibrated; the calibration certificate has expired; the measuring instruments do not meet technical measurement requirements, then penalties shall be imposed in accordance with Article 10 of Decree No. 80/2013/NĐ-CP.

Article 12. Violations concerning the quantity of pre-packaged goods in production, importation, and sale as stipulated in Articles 15 and 16 of Decree 80/2013/NĐ-CP

1. The violation specified in Point a Clause 1 Article 15 and Point a Clause 1 Article 16 is the act of organizations and individuals producing, importing, or selling pre-packaged goods without marking the quantity of the pre-packaged goods on the packaging or label, or marking but not in accordance with technical requirements for measuring the quantity of pre-packaged goods; failing to mark, engrave, or incorrectly marking the legal measurement units as prescribed in Decree 86/2012/NĐ-CP.

2. Pre-packaged goods with an unsuitable quantity are goods with an actual quantity smaller than the minimum allowable quantity marked on the packaging or the average actual quantity of a batch of pre-packaged goods being less than the declared quantity.

3. Violations regarding unsuitable quantities of pre-packaged goods exceeding permissible limits mean that the batch of pre-packaged goods does not meet requirements due to exceeding the allowable shortage limit or the average actual quantity of a batch of pre-packaged goods being less than the declared quantity and the number of unsuitable pre-packaged goods exceeding the prescribed limit.

Section 2

VIOLATIONS OF ADMINISTRATIVE LAW REGARDING STANDARDS, TECHNICAL REGULATIONS, AND PRODUCT QUALITY

Article 13. Violations concerning the announcement of applicable standards as stipulated in Article 17 of Decree 80/2013/NĐ-CP

1. The violation specified in Clause 1 Article 17 is the act of organizations and individuals when producing or importing products and goods without announcing the applicable standards and notifying about the applicable standards, standard numbers, or basic characteristics of the products and goods on labels or packaging, or in transaction documents, product introductions, or accompanying documents.

2. For products and goods without announced applicable standards discovered during inspection and supervision, the Inspection and Supervision Team requires the violating organization or individual to recall such products and goods to announce the standards before circulating them on the market.

Article 14. Violations concerning conformity as stipulated in Article 18 of Decree 80/2013/NĐ-CP

1. Announcing conformity is a non-mandatory procedure; however, organizations and individuals who have announced conformity must comply with the provisions of Circular No. 28/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology on announcing conformity, announcing compliance, and methods for assessing conformity with standards and technical regulations (hereinafter referred to as Circular 28/2012/TT-BKHCN).

2. The violation specified in Point a Clause 4 Article 18 is the act of organizations and individuals who have announced conformity but fail to maintain quality control, testing, and regular monitoring as required at the production and business premises.

Article 15. Violations concerning compliance as stipulated in Article 19 of Decree 80/2013/NĐ-CP

1. The violation specified in Clause 1 Article 19 is the act of organizations and individuals selling goods subject to compliance announcements that violate compliance announcements and compliance marks as prescribed in Circular 28/2012/TT-BKHCN.

2. When applying Point d Clause 4 Article 19, it should be noted that the act of not affixing compliance marks as required when putting products and goods on the market only applies to products and goods subject to compliance announcements where technical regulations require the affixing of compliance marks.

Article 16. Acts violating product quality circulating on the market as stipulated in Article 20 of Decree No. 80/2013/NĐ-CP

1. Organizations and individuals selling goods shall be responsible for the quality of the goods, inspecting the origin of the goods, labels, conformity marks, compliance marks, and other documents related to the quality of the goods in accordance with Article 16 of the Law on Product Quality.

a) In cases where organizations and individuals selling goods have a quality that does not meet the announced standards or goods violate the announcement of conformity or conformity marks, the authorized authority shall apply Clause 1 of Article 18 to impose penalties.

b) In cases where organizations and individuals selling goods violate regulations on the announcement of compliance or compliance marks, the authorized authority shall apply Clause 1 of Article 19 to impose penalties.

2. The act of violation stipulated in Clause 4 of Article 20 is the act of organizations and individuals selling goods that have not been announced by the manufacturer or importer according to the prescribed regulations.

Article 17. Acts of forgery related to technical standards, technical regulations, and product quality as stipulated in Article 24 of Decree No. 80/2013/NĐ-CP

The act of violation stipulated in Clause 1 of Article 24 is the act of organizations and individuals producing, importing, or trading products, goods with one of the following violations:

1. Information on the label of the goods does not match the actual quality of the product, goods.

2. Providing false or non-transparent information about the quality of products, goods to consumers or competent authorities.

3. Products, goods do not implement conformity announcements, compliance announcements, or conformity certifications, but on transaction documents, signs of organizations and individuals or retail outlets of these organizations and individuals contain information aimed at misleading or causing confusion for consumers to understand that the products, goods have been announced for conformity or certified for conformity.

4. False or non-transparent information about the quality of products, goods on mass media.

Section 3

ADMINISTRATIVE VIOLATIONS CONCERNING PRODUCT LABELS AND BARCODES

Article 18. Acts of violation regarding labeling in the business of products, goods as stipulated in Article 25 of Decree No. 80/2013/NĐ-CP

1. Violations regarding labeling in the business of products, goods are understood as the acts of organizations and individuals when producing, importing, transporting, storing, or trading products, goods without implementing labeling as prescribed by Government Decree No. 89/2006/NĐ-CP dated September 30, 2006 on product labels (hereinafter referred to as Decree No. 89/2006/NĐ-CP).

2. Some points to note when applying Article 25 of Decree No. 80/2013/NĐ-CP for penalties:

a) Organizations and individuals producing (including processing, assembling, packaging, manufacturing) products, goods in Vietnam for domestic consumption but failing to label according to regulations, having no label, or having a label that is covered, torn, faded, illegible in whole or in part, or having a label that has been erased, altered, or modified to misrepresent information about the goods.

b) Organizations and individuals producing products, goods in Vietnam for export, with labels complying with export contracts or the regulations of the importing country, but engaging in trade activities in the Vietnamese market without implementing labeling according to the provisions of Government Decree No. 89/2006/NĐ-CP.

Article 19. Acts violating mandatory content on product labels or mandatory content that must be displayed on product labels according to the nature of the products as stipulated in Article 26 of Decree No. 80/2013/NĐ-CP

1. The act of violation prescribed in Clause 1 of Article 26 is the act of organizations and individuals producing, importing, transporting, storing, or trading goods with labels that do not indicate one of the mandatory contents on the label and the mandatory content that must be displayed on the label according to the nature of the goods as prescribed in Articles 11 and 12 of Decree No. 89/2006/NĐ-CP.

In cases where prepackaged goods group 2 have violations regarding the quantity indicated on the label, the provisions of Articles 15 and 16 of Decree No. 80/2013/NĐ-CP shall be applied for punishment.

2. The act of violation prescribed in Point a of Clause 5 of Article 26 is the act of organizations and individuals producing, importing, transporting, storing, or trading goods with labels that counterfeit the contents prescribed in Articles 11 and 12 of Decree No. 89/2006/NĐ-CP, specifically as follows:

a) In cases where counterfeit contents prescribed in Article 11 of Decree No. 89/2006/NĐ-CP are discovered on the label, the authority responsible for punishment shall apply the provisions of Decree No. 185/2013/NĐ-CP dated November 15, 2013, of the Government on administrative penalties for violations in commercial activities, production, sale of fake goods, prohibited goods, and protection of consumer rights to impose penalties;

b) In cases where counterfeit contents prescribed in Article 12 of Decree No. 89/2006/NĐ-CP are discovered on the label, the authority responsible for punishment shall apply the provisions of Point a of Clause 5 of Article 26 of Decree No. 80/2013/NĐ-CP to impose penalties.

3. For acts of fraud regarding the expiration date of goods on the label as prescribed in Point b of Clause 5 of Article 26, double fines shall be imposed depending on the value of the violated goods:

a) For domestically produced goods, the fines prescribed in Clauses 1 and 2 of Article 26 shall be applied for punishment;

b) For imported goods, the fines prescribed in Clause 4 of Article 26 shall be applied for punishment;

c) For cases of erasing, altering the expiration date of goods, the fines prescribed in Clause 3 of Article 26 shall be applied for punishment.

Article 20. Acts violating the use of certificates and issuance of certificates for barcode numbers as prescribed in Article 28 of Decree No. 80/2013/NĐ-CP

1. The act of violation prescribed in Point a of Clause 1 of Article 28 is the act of organizations and individuals producing, importing, or trading goods without a certificate for barcode numbers but have counterfeited or provided information to mislead consumers into believing that they have a certificate for barcode numbers issued by the General Bureau of Standards Measurement and Quality Control.

2. The act of violation prescribed in Point b of Clause 1 of Article 28 is the act of organizations and individuals producing, importing, or trading goods using certificates for barcode numbers that were not issued by the General Bureau of Standards Measurement and Quality Control.

Section 4

AUTHORITY TO IMPOSE PENALTIES AND APPLY FORMS FOR HANDLING VIOLATIONS

Article 21. Authority and procedures for imposing administrative penalties in the field of science and technology as prescribed in Articles 29 and 32 of Decree No. 80/2013/NĐ-CP

1. Inspectors and persons assigned to perform specialized inspection tasks in standards, measurement, and quality control as prescribed in Clause 1 of Article 29 include: Inspectors working at the Ministry of Science and Technology's Inspectorate, Provincial Science and Technology Departments' Inspectorates; civil servants assigned to perform specialized inspection tasks under the General Bureau of Standards Measurement and Quality Control.

2. The heads of specialized inspection teams of the Ministry of Science and Technology; the heads of specialized inspection teams of the General Bureau of Standards Measurement and Quality Control and the heads of specialized inspection teams of Provincial Science and Technology Departments may use the seal of the supervising agency when issuing documents to implement inspection tasks.

3. Procedures for imposing administrative penalties:

a) The authority to prepare administrative violation records in the field of standards, measurement, and product quality is carried out according to the provisions of Article 32.

b) In cases where the head of a specialized inspection team for standards, measurement, and product quality; civil servants or employees performing their duties discover violations in the field of standards, measurement, and quality, they have the right to prepare administrative violation records. The agency issuing the inspection decision or the agency managing civil servants and employees who prepared the administrative violation record must promptly complete the file and transfer it to the authority responsible for imposing administrative penalties according to the law.

The file transferring administrative violation cases includes: a letter from the agency transferring the administrative violation case file; the inspection decision or document assigning civil servants or employees to perform the task; the inspection record; the administrative violation record (if any); evidence of administrative violations, other relevant technical 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 administrative penalty proceedings shall be applied according to the provisions of Decree No. 81/2013/NĐ-CP dated July 19, 2013, of the Government detailing some articles and measures to implement the Law on Administrative Violation Handling.

Chapter III

IMPLEMENTATION

Article 23. Effectiveness of Implementation

This Circular takes effect from August 15, 2014, and replaces Circular No. 24/2009/TT-BKHCN dated December 31, 2009, of the Minister of Science and Technology guiding some articles of Decree No. 54/2009/NĐ-CP dated June 5, 2009, of the Government on administrative penalties for violations in the field of standards, measurement, and product quality.

Article 24. Implementation Responsibilities

1. Chairmen of People's Committees at all levels, Heads of the Ministry of Science and Technology's Inspectorate, General Directors of the General Bureau of Standards Measurement and Quality Control, Heads of specialized inspection teams for standards, measurement, and quality, Heads of the Provincial Science and Technology Departments' Inspectorates, Inspectors, and other authorities responsible for imposing penalties as prescribed in Decree No. 80/2013/NĐ-CP are responsible for implementing this Circular.

2. During implementation, if there are difficulties, agencies and units are requested to report promptly to the Ministry of Science and Technology for research and guidance on resolution./.