JOINT CIRCULAR No. 24/2001/TTLT/BTM-BVGCP GUIDING THE ORGANIZATION OF INSPECTION AND AUDIT TO ENFORCE DECREE No. 44/2000/NĐ-CP dated September 1, 2000 OF THE GOVERNMENT ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN THE FIELD OF PRICES.

JOINT CIRCULAR

Guidelines for organizing inspections and audits to implement Decree No. 44/2000/NĐ-CP dated September 1, 2000 of the Government on administrative penalties for violations in the field of pricing.

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Pursuant to the Administrative Violation Handling Ordinance dated July 6, 1995, Article 33 stipulates the authority of market management agencies to handle administrative violations, and Article 34 stipulates the authority of specialized audit agencies to handle administrative violations.

Pursuant to Decision No. 137/HĐBT dated April 27, 1992 of the Council of Ministers (now the Government) on price management.

Pursuant to Decree No. 44/2000/NĐ-CP dated September 1, 2000 of the Government on administrative penalties for violations in the field of pricing.

Pursuant to Decree No. 01/CP dated January 3, 1996 of the Government on administrative penalties for violations in the field of commerce.

Pursuant to Document No. 696/CP-KTTH dated August 2, 2000 of the Prime Minister assigning market management forces to perform the functions and tasks of specialized commercial audits.

The Ministry of Trade and the State Price Board have unified guidelines for organizing coordinated activities of inspection, audit, and handling of administrative violations in the field of pricing between market management agencies and price audit organizations as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. The coordination of organizing price inspections and audits between market management agencies and price audit organizations shall be included in the inspection and audit plans approved by competent authorities.

2. Market management agencies and price audit organizations shall organize inspections and audits in the following cases:

a) In accordance with decisions of the People's Committees at the same level or superior market management agencies or price audit organizations.

b) When the content of the inspection and audit requires the expertise of each party.

c) Conducting surprise inspections and audits when signs of violation of laws in the field of pricing that need to be promptly prevented are discovered.

II. OBJECTIVES AND REQUIREMENTS

1. Purpose:

Implementing a market mechanism under state management in the field of pricing, protecting the legitimate interests of producers, traders, consumers, and the state; contributing to promoting production and stabilizing market prices and people's living standards.

2. The remaining 60% shall be used to supplement the operating funds of units directly responsible for public debt management at the Ministry of Finance (outside the regular state budget allocation for ongoing operations as currently provided) for the purposes specified in Article 4 of this Decision.

- Conduct inspections and audits within their scope and objects, focusing on key areas, without causing undue inconvenience or obstacles to production and business; eliminating overlapping inspections and audits.

- Strictly handle violations of laws in the field of pricing through inspections and audits. During the process of inspections, audits, and handling, procedures, formalities, and authorities must be carried out in accordance with the provisions of the law; effectively preventing violations in the field of pricing.

- Combining inspections, audits, and handling of violations with propaganda and education to encourage producers and traders to voluntarily comply with state regulations on price management.

III. OBJECTS AND CONTENT OF INSPECTION

1. Objectives:

1.1. Organizations and individuals engaged in the production and trade of goods and services in all economic sectors.

1.2. Foreign organizations and individuals engaged in the production and trade of goods and services in Vietnam, except where international treaties to which Vietnam is a party provide otherwise.

2. Content:

Market management agencies and price audit organizations shall coordinate in inspecting, auditing, and handling violations related to:

2.1. Pricing according to regulations.

2.2. Implementing price ranges and levels as prescribed by competent authorities.

2.3. Exploiting natural disasters or other special difficulties to raise prices or force prices, causing damage to production and consumers.

2.4. Misrepresenting purchase and sale prices of goods and services and related factors to evade payments required by pricing policies.

2.5. Adhering to regulations on promotional pricing of goods and services during promotional periods.

IV. IMPLEMENTATION

1. Content of coordination:

1.1. Exchanging information on prices: state pricing policies, market price fluctuations...

1.2. Organizing forces to conduct inspections and audits to discover and handle administrative violations in the field of pricing according to Decree No. 44/2000/NĐ-CP dated September 1, 2000 of the Government and Circular No. 04/2000/TT-BVGCP dated November 15, 2000 of the State Price Board.

2. Responsibilities:

2.1. Market management agencies and price audit organizations are responsible for organizing forces to inspect and audit, providing information on specific issues in the field of price management (regarding central and local pricing policies and decisions relevant to price management) to serve inspection, audit, discovery, and handling of administrative violations in the field of pricing.

2.2. When discovering violations in the field of pricing, market management agencies have the right to request price audit organizations and vice versa, price audit organizations have the right to request market management agencies (both central and local) to organize inspections, audits, and handle violations; the requested agency must cooperate according to its functions, tasks, and powers.

2.3. During the coordination of inspections and audits, the agency in charge shall issue the decision to handle and bear responsibility for its decision before the law.

2.4. Management and use of fines for administrative violations in the field of pricing shall be implemented in accordance with Joint Circular No. 16/2001/TTLT-BTC-BVGCP dated March 21, 2001 of the Ministry of Finance and the State Price Board.

2.5. Annually, market management agencies and price audit organizations (central and local) need to organize summaries of the implementation of this Joint Circular to promote good practices and address limitations.

3. Effective date:

This Joint Circular shall take effect fifteen days from the date of signature. Any difficulties encountered during implementation should be reported to the Ministry of Trade and the State Price Board for supplementation and amendment of this Joint Circular as necessary.