Circular No. 26/2009/TT-BCT stipulates the procedures for business operations inspection, supervision, and administrative violation handling by Market Management forces.

CIRCULAR

Specifies the procedures for business operations related to inspection, supervision, and

handling administrative violations by Market Management forces.

______________

       Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

          Pursuant to the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance dated April 2, 2008;

          Pursuant to Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance dated April 2, 2008;

         Pursuant to Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management, and Decree No. 27/2008/NĐ-CP dated March 13, 2008 of the Government amending and supplementing Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management,

          The Ministry of Industry and Trade hereby stipulates the procedures for business operations related to inspection, supervision, and handling administrative violations by Market Management forces as follows:

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

 

          Article 1. This Circular stipulates the procedures for business operations related to inspection, supervision, and handling administrative violations by Market Management forces.

 

          Article 2. For specialized inspection fields where laws prescribe inspection procedures and processes, Market Management forces shall implement such procedures and processes according to the specific field.

Article 2. Applicability

          This Circular shall be uniformly applied to all levels of Market Management forces and Market Management civil servants when performing inspection, supervision, and administrative violation handling activities.

           Article 3. Principles of Application

           1. When executing tasks of inspection, supervision, and handling administrative violations, one must comply with the Administrative Violation Handling Ordinance, Government Decrees, the procedures prescribed in this Circular, and other relevant legal documents.

          2. Perform duties, tasks, and powers of Market Management as prescribed by law and the operational regulations of Market Management.

          3. When executing inspection and administrative violation handling tasks, if the Market Management agency or civil servant is assigned the main responsibility, they must use the seal of Market Management.

 

Chapter II

PROCEDURES FOR BUSINESS OPERATIONS

Section 1. Collection and Processing of Information

 

          Article 4. Initial Information Collection

          Civil servants of Market Management forces have the responsibility to collect initial information from the following sources:

          1. From mass media.

          2. From cooperating agencies, units, and organizations.

          3. From complaints, reports, and accusations of law violations submitted by agencies, organizations, and individuals.

          4. Purchased from related sources.

          5. Collected through investigative measures such as covert surveillance and monitoring of subjects' activities by Market Management officers assigned directly by authorized persons (Market Management Team Leaders, Market Management Branch Chiefs, Market Management Bureau Directors, or their deputies) to secretly observe and track the subject's activities to detect, preliminarily verify, and determine acts of law violation.

         6. From inspection, supervision, and management activities within the jurisdiction.

         7. Other sources of information.

          Article 5. Information Processing

          Business information is processed according to the following procedure:

        

           1. The person collecting the information is responsible for:

 

          a) Evaluating the reliability and analyzing the collected data;

 

          b) Reporting promptly to the authorized person (Market Management Team Leader, Market Management Branch Chief, Market Management Bureau Director, or their deputy).

 

          2. The authorized person receiving and processing the information is responsible for:

 

          a) Assessing, verifying, and investigating; organizing inspections when signs of violation are detected;

 

          b) For information indicating violations but not within their authority, transferring it to the appropriate authority.

 

          3. When conducting information processing activities, Market Management civil servants must keep the information confidential and not disclose it to unauthorized persons.

 

Section 2. Organization of Inspection

          Article 6. Preparation for the Inspection Decision

          Prior to issuing the inspection decision, the authorized person must prepare the main contents as follows:

        

          1. Basis for organizing the inspection.

          2. Inspection subject.

          3. Inspection content.

          4. Time and location for conducting the inspection.

          5. Organizing the inspection force.

          6. Necessary administrative procedures required to implement the inspection.

        

          Article 7. Issuance of the Inspection Decision

          1. The authorized persons to issue the inspection decision include: the Market Management Team Leader, the Market Management Branch Chief, the Market Management Department Director, or their deputies authorized by them.

          2. The main contents of the inspection decision include:

          a) Basis for conducting the inspection;

          b) Person issuing the inspection decision;

          c) Inspection subject (name and address of the inspected organization or individual);

          d) Inspection content;

          e) Person(s) carrying out the inspection;

          f) Effective period of the inspection decision.

          In cases where the inspection subject is unclear, the license plate number of the vehicle (including cases using fake license plates) or a description of the vehicle if there is no license plate or the warehouse address must be clearly recorded.

          Article 8. Announcement of the Inspection Decision

          The person assigned to lead the inspection must present the market inspection card, announce the inspection decision, inform the inspected organization or individual about the composition of the inspection team, and request compliance with the inspection decision.

        

          Article 9. Conducting the Inspection According to the Inspection Decision Content

          1. The person assigned to lead the inspection must directly command the inspection force according to the announced inspection decision content.

          2. During the inspection process, the person assigned to lead the inspection must directly handle arising situations, report immediately to the authorized person for handling cases exceeding their authority.

          3. During the inspection process, market management officials must comply with the Market Management Official Work Regulations.

          4. During the inspection process, if new violations outside the inspection content in the inspection decision are discovered and need to be inspected, the inspection personnel must immediately report to the authorized person.

          Article 10. Collection of Evidence at the Inspection Location

          The person assigned to lead the inspection must directly collect or command and closely supervise the collection of evidence, documents, materials, statements... of the inspected organization or individual and related parties at the inspection location.

          Article 11. Preparing the Inspection Record

          1. The person assigned to lead the inspection must directly command the inspection force to prepare the inspection record. The inspection record must truthfully record the inspected content, the statements of the inspected subject, list all exhibits and documents presented by the inspected organization or individual, summarize the inspection team's conclusions.

          2. After preparing the inspection record, the following persons must sign on the inspection record and write their full name:

         a) The person assigned to lead the inspection;

          b) The person preparing the inspection record;

          c) The inspected subject or their authorized representative;

          d) Representative of the cooperating agency (if any);

          e) Representative of the cooperating agency (if any);

          f) Witness (if any).

If the inspection record has multiple pages, all parties must sign each page.

          3. In cases where the inspected subject or their authorized representative is absent, the related party present at the inspection location must sign the inspection record.

        

          4. In cases where the inspected subject, witness, or related party refuse to sign the inspection record, the preparer must record the reason in the record.

          Article 12. Application of Administrative Preventive Measures and Assurance of Administrative Violation Handling

1. The measures to prevent administrative violations and ensure the handling of administrative violations in market management shall be applied as follows:

a) Detaining persons;

b) Seizing objects and means of transportation involved in administrative violations;

c) Searching persons;

d) Searching vehicles and objects;

đ) Searching places where objects and means of transportation involved in administrative violations are concealed.

2. Authority to apply preventive measures against administrative violations and to ensure the handling of administrative violations

The Head of the Market Management Team and his deputies authorized under Article 45 of the Administrative Violation Handling Ordinance 2002, amended and supplemented by the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008 and Clause 16 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008 (hereinafter referred to as Decree No. 128/2008/NĐ-CP) shall have the authority to apply preventive measures against administrative violations and to ensure the handling of administrative violations.

In cases where persons are detained according to administrative procedures, the delegation of authority to the Deputy Head of the Market Management Team can only be carried out when the Head of the Market Management Team is absent.

 

3. Application of preventive measures against administrative violations and ensuring the handling of administrative violations:

a) Detaining persons when it is necessary to stop acts that disrupt public order, cause harm to others, or collect and verify important circumstances as grounds for deciding on administrative penalties. Detention of persons according to administrative procedures shall be carried out in accordance with Article 44 of the Administrative Violation Handling Ordinance 2002;

b) Seizing objects and means of transportation involved in violations when it is necessary to seize them for verification of circumstances as grounds for decision-making or to immediately stop the violation; if there is evidence that if not seized immediately, the objects and means of transportation involved in administrative violations may be disposed of or destroyed, then the market inspector assigned the task of inspection has the right to issue a decision to seize. Seizure of objects and means of transportation involved in administrative violations shall be carried out in accordance with Article 46 and Clause 3 of Article 57 of the Administrative Violation Handling Ordinance 2002. Management of objects and means of transportation involved in administrative violations shall be carried out in accordance with Decree No. 70/2006/NĐ-CP dated July 24, 2006 on the management of objects and means of transportation temporarily seized according to administrative procedures and Decree No. 22/2009/NĐ-CP dated February 24, 2009 of the Government amending and supplementing certain provisions of Decree No. 70/2006/NĐ-CP;

c) Searching persons according to administrative procedures may only be conducted when there is evidence that they are concealing objects, documents, or means of transportation involved in administrative violations. Detention of persons according to administrative procedures shall be carried out in accordance with Article 47 of the Administrative Violation Handling Ordinance 2002;

d) Searching vehicles and objects according to administrative procedures when there is evidence that they contain concealed objects involved in administrative violations. The procedure and method of searching vehicles and objects according to administrative procedures shall be carried out in accordance with Article 48 of the Administrative Violation Handling Ordinance 2002;

đ) Searching places where objects and means of transportation involved in administrative violations are concealed when there is evidence that such objects and means of transportation are concealed there. If there is evidence that if not searched immediately, the objects, documents, or means of transportation involved in administrative violations may be disposed of or destroyed, the market inspector performing their duties may search persons according to administrative procedures and must report immediately in writing to the Head of the Team and bear responsibility under the law. The procedure and method of searching places where objects and means of transportation involved in administrative violations are concealed shall be carried out in accordance with Article 49 of the Administrative Violation Handling Ordinance 2002 and Article 17 of Decree No. 128/2008/NĐ-CP.

When applying preventive measures against administrative violations, the person in charge of the inspection must directly command and supervise the inspection team to comply with legal regulations on inspections, record the application of preventive measures against administrative violations, and manage objects and means of transportation temporarily seized according to administrative procedures.

Article 13. Examination, Verification, Supplementing, and Strengthening Evidence

        

In cases where the matter is complex and requires examination, verification, supplementation, and strengthening of evidence, the person in charge of the inspection must report to the competent authority for administrative penalty decisions (the person issuing the Inspection Decision, the person authorized to apply preventive measures) to request the application of the following measures for examination, verification, supplementation, and strengthening of evidence.

1. Requesting the subject to explain

a) The request for the subject to explain shall be made in writing by the competent authority for administrative penalties and must clearly state the contents that need to be explained or invite the subject requested to explain to work directly.

b) The subject required to provide explanations may provide explanations in writing or orally;

c) In cases where the subject provides explanations directly through oral dialogue, a working record must be established. The working record must fully document the content of the work, list any provided documents (if applicable), and include signatures from the person in charge of the session, the recorder, and the subject providing explanations.

2. Working with relevant agencies, organizations, and individuals

a) In necessary cases, the authorized person (Market Management Team Leader, Market Management Branch Chief, Market Management Department Director, or their authorized deputy) decides to work with relevant agencies, organizations, and individuals through sending a request for opinions in writing or dispatching staff to conduct direct work;

b) The civil servant assigned the task of working with agencies, organizations, and individuals must have an Introduction Letter signed by the authorized person and must record the working minutes. The working minutes must clearly document the content of the work and specifically and fully list any provided documents (if applicable).

3. Requesting expert examination of detained documents and items

a) In cases requiring expert examination of documents and items, the authorized person (Market Management Team Leader, Market Management Branch Chief, Market Management Department Director, or their authorized deputy) has the right to request such an examination;

b) The procedures and formalities for requesting expert examination shall be carried out in accordance with the provisions of the law on activities related to requesting expert examinations for state management purposes;

c) The examination results must be sent to the subject holding the detained documents and items.

        

4. In necessary cases, the authorized person handling the matter may apply other investigative techniques to verify, investigate, supplement, and strengthen evidence.

5. If additional time is deemed necessary to verify and collect evidence, the decision maker must report to the competent authority in writing requesting an extension, and the extension must be granted in writing.

Article 14. Handling in cases without administrative violations and cases not subject to administrative violation handling

1. Cases without administrative violations

In cases where market management forces have conducted inspection, verification, investigation, supplementation, and strengthening of evidence, and applied administrative preventive measures but did not discover any administrative violation, the decision maker of the Inspection Decision or the decision maker of the Search, Detention of Person, Items, and Means Decisions must promptly complete the file and immediately terminate the inspection, search, detention, and apply necessary measures to avoid damage (if any) to the inspected subject.

2. Cases not subject to administrative violation handling include:

- Emergency situations;

- Justifiable self-defense;

- Actions taken due to unexpected events;

- Administrative violations committed while suffering from mental illness or other illnesses that impair cognitive ability or control over behavior.

 

Specific provisions regarding these cases are implemented according to Article 4 of Decree No. 128/2008/NĐ-CP.

 

Section 3. Handling Administrative Violations

 

Article 15. Issuing Administrative Violation Records

 

1. The administrative violation record serves as the basis for issuing an administrative penalty decision.

2. After conducting inspections and investigations, if there is sufficient evidence to conclude that a violation has occurred, an administrative violation record must be issued.

 

3. The administrative violation record must include all contents prescribed in Article 55 of the Administrative Violation Handling Ordinance 2002.

 

4. In cases where procedures are simple, they shall be carried out in accordance with the provisions of Article 54 of the Administrative Violation Handling Ordinance 2002 and Article 21 of Decree No. 128/2008/NĐ-CP.

 

Article 16. Issuing Administrative Penalty Decisions

 

1. Administrative penalty decisions must be issued in the correct format, against the correct subject, within the correct time limit, and within the correct authority.

 

2. The administrative penalty authority of Market Management is implemented according to the provisions of Article 37 of the Administrative Violation Handling Ordinance 2002.

 

3. The principle of determining the administrative penalty authority is implemented according to the provisions of Article 42 of the Administrative Violation Handling Ordinance 2002 and Article 15 of Decree No. 128/2008/NĐ-CP, specifically considering the following factors:

 

a) The positions with administrative penalty authority of Market Management have the authority to penalize administrative violations in each specific field as prescribed in Government Decrees on administrative penalties in each management field;

 

b) The maximum fine amount within the fine range for each administrative violation;

 

c) The authority to apply confiscation measures for items and means of transportation involved in administrative violations (based on the actual value of the items to determine the authority).

 

Determining the value of goods and items involved in administrative violations is carried out according to the provisions of Article 63 of Decree No. 06/2008/NĐ-CP dated January 16, 2008 of the Government on administrative penalties in commercial activities; Circular No. 15/2008/TT-BCT dated December 2, 2008 of the Ministry of Industry and Trade guiding the implementation of Decree No. 06/2006/NĐ-CP; and Article 34 of Decree No. 128/2008/NĐ-CP.

 

d) The authority to apply measures to revoke licenses and certificates of practice;

 

đ) The authority to apply measures to mitigate consequences;

 

e) In cases where the fine amount, the value of confiscated items or means of transportation, or one of the penalty forms or measures to mitigate consequences does not fall within the authority or exceeds the authority, the market management official handling the case must transfer the case to the person with the authority to impose penalties.

 

g) For cases involving multiple fields under the authority of different agencies, if the supplementary penalty exceeds the authority or the measures to mitigate consequences according to the law do not fall within the authority of market management, the case must be transferred to the People's Committee at the appropriate level or to the agency with the authority to issue the decision.

 

4. The stamping of administrative penalty decisions is carried out according to Article 31 of Decree No. 128/2008/NĐ-CP.

 

5. The deadline for issuing administrative penalty decisions is carried out according to the provisions of Clause 1 of Article 56 of the Administrative Violation Handling Ordinance 2002 and Article 23 of Decree No. 128/2008/NĐ-CP, specifically as follows:

 

a) For simple cases where the violation is clearly identified during inspection without the need for additional verification or investigation, the decision must be issued within 10 days from the date of the administrative violation record; for more complex cases, the decision must be issued within 30 days. If additional time is needed for investigation and evidence collection, the authorized person must report in writing to their direct superior for an extension, which cannot exceed 30 days. The maximum deadline for issuing an administrative penalty decision from the date of the administrative violation record is 60 working days.

 

b) If the deadline specified in point a of this clause is exceeded, a penalty decision cannot be issued, but measures to mitigate consequences and the confiscation of prohibited items can still be applied according to the law.

 

6. Contents of the Administrative Penalty Decision:

 

a) Basis for issuance;

 

b) Name, position, unit of the decision issuer;

 

c) Name, profession, address of the violator (or name of the organization, address, and legal representative of the organization);

 

d) Administrative violation;

 

đ) Form of penalty: main form of penalty, supplementary form of penalty (if applicable), measures to mitigate consequences (if applicable), specifying the points, clauses, articles, and decrees imposing penalties;

 

e) Effective date;

 

g) Time and place of enforcement of the penalty decision and signature of the decision issuer;

 

h) Right to appeal or sue.

 

Article 17. Revocation of Administrative Offense Penalty Decision

 

1\. The Administrative Offense Penalty Decision shall be revoked if it is not within the functions, authority, formalities, or correct object; if it is issued beyond the time limit; or if new circumstances appear necessitating a re-evaluation of the violation, violator, or criminal indication.

 

2\. The revocation of the administrative offense penalty decision shall be carried out by the person who issued the decision, their superior, or the competent authority issuing the decision to revoke the administrative offense penalty decision.

 

3\. Depending on the specific reasons for the revocation of the administrative offense penalty decision, the person who issued the decision shall issue a new Administrative Offense Penalty Decision or transfer the case file to the competent criminal prosecution agency, the competent authority to impose penalties, or another competent authority to handle the matter.

 

Article 18. Suspension of Execution of Fine Decision

 

The suspension of the fine decision shall be implemented according to Article 65 of the Administrative Violation Handling Ordinance 2002 and Article 29 of Decree No. 128/2008/NĐ-CP.

 

Article 19. Enforcement of Administrative Offense Penalty Decision

 

1\. The enforcement of the Administrative Offense Penalty Decision shall be carried out in accordance with the Administrative Violation Handling Ordinance 2002 and other relevant legal documents, while monitoring and urging the compliance of organizations and individuals subject to penalties.

 

2\. Service of the Administrative Offense Penalty Decision: The decision must be sent to the violating organization or individual within three days from the date of issuance of the decision.

 

3\. Procedures for imposing fines shall be governed by Article 57 of the Administrative Violation Handling Ordinance 2002. In cases where fines are paid in installments, they shall be carried out according to Article 27 of Decree No. 128/2008/NĐ-CP.

 

4\. The revocation of the right to use licenses or certificates (if included in the Administrative Offense Penalty Decision) shall be carried out according to Article 59 of the Administrative Violation Handling Ordinance 2002.

 

5\. The confiscation of items or means used in administrative violations (if included in the Administrative Offense Penalty Decision) shall be carried out according to Article 60 of the Administrative Violation Handling Ordinance 2002.

 

6\. Handling of items or means involved in violations:

 

a\. The handling of items or means involved in administrative violations regarding procedures and formalities shall be governed by Article 61 of the Administrative Violation Handling Ordinance 2002 and Article 35 of Decree No. 128/2008/NĐ-CP;

 

b\. The deadline for handling temporarily seized items or means is ten days; for complex cases requiring investigation, the maximum period does not exceed sixty days from the date of seizure, the person issuing the temporary seizure decision must handle the seized items or means;

 

c\. If items or means involved in violations must be compulsorily removed from Vietnam or re-exported, the decision to handle them must be transferred to the provincial People's Committee or the competent authority; if the Market Management Department seizes items or means that must be removed from Vietnam or re-exported, they must also be transferred to the provincial People's Committee where the incident occurred for handling;

 

d\. Transfer of items or means involved in administrative violations for auction according to Article 36 of Decree No. 128/2008/NĐ-CP.

 

7\. Compulsory Enforcement of Administrative Offense Penalty Decision

 

If an organization or individual subject to administrative offense penalties fails to voluntarily comply with the Administrative Offense Penalty Decision beyond the prescribed time limit, compulsory enforcement shall be carried out.

 

The compulsory enforcement of the Administrative Offense Penalty Decision shall be carried out according to Article 66 of the Administrative Violation Handling Ordinance 2002, Clause 27 of Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance dated April 2, 2008, and Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government stipulating the procedures for applying coercive measures to enforce the Administrative Offense Penalty Decision.

 

The authority to issue the Compulsory Enforcement Decision is provided for in Clause 28 of Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008.

 

8\. Transfer of the Administrative Offense Penalty Decision for enforcement shall be carried out according to Article 68 of the Administrative Violation Handling Ordinance 2002 and Article 30 of Decree No. 128/2008/NĐ-CP.

 

9\. The statute of limitations for enforcing the Administrative Offense Penalty Decision shall be carried out according to Article 69 of the Administrative Violation Handling Ordinance 2002.

 

Article 20. Transfer of Violation Cases

 

1. Violation cases that show signs of criminal offenses must be transferred to criminal proceedings agencies for criminal responsibility pursuit according to Article 62 of the Administrative Violations Handling Ordinance 2002.

2. Violation cases not within the penalty authority of market management shall be transferred to competent authorities for handling in accordance with the law.

3. When transferring violation case files, there must be a transfer decision and a handover record established. The handover record must fully list and number each document, evidence, and means used for the violation included in the transferred file, and both the transferor and recipient must sign the handover record.

Article 21. Acceptance of Case Files from Criminal Proceedings Agencies Returning Them

1. When accepting criminal cases not initiated but transferred for administrative violation handling by criminal proceedings agencies, the provisions of Article 33 of Decree No. 128/2008/ND-CP shall be followed. The authorized person of the criminal proceedings agency handling the case must issue a decision to transfer the violation case file to the authorized person for administrative violation handling.

The violation case file includes: a copy of the violation record, the decision to terminate investigation against the subject, evidence, and means used for the violation (if any), and copies of other directly related documents. There must be a decision to transfer the violation case file to the authorized person for administrative violation handling, along with the termination of investigation or case decision, and accompanying evidence, means used for the violation (if any). A handover record must also be established.

The handover record must fully list each document, evidence, and means used for administrative violations included in the transferred file, and both the transferor and recipient must sign the handover record.

2. After accepting the case file returned from the criminal proceedings agency:

a) In cases where it is determined that the matter exceeds their authority to impose administrative penalties, they shall report to their immediate superior and transfer the case file to the person with the authority to impose penalties.

b) If sufficient evidence confirms the administrative violation, immediately establish an administrative violation record, issue a decision, and implement the administrative violation penalty decision;

c) If the case involves complex circumstances requiring additional time for verification and evidence collection, the authorized person for penalties must report in writing to their direct superior requesting an extension.

The deadline for issuing an administrative violation penalty decision shall be implemented according to Article 32 of Decree No. 128/2008/ND-CP.

Article 22. Acceptance of Violation Cases Transferred by Other Authorities for Administrative Violation Penalties by Market Management

1. Market Management only accepts administrative violation cases within its jurisdiction.

2. Administrative violation case files transferred from other agencies must include a transfer decision accompanied by documents, evidence, and means used for the violation (if any), and a written request for administrative violation penalties from the transferring agency. Upon receiving the documents, evidence, and means used for the violation, a handover record must be established. The handover record must fully list each document, evidence, and means used for administrative violations included in the file, and both the transferor and recipient must sign the handover record.

3. After accepting the transferred case, the person assigned to handle the case shall proceed with handling it according to Clause 2 of Article 21 of this Circular.

 

Chapter III

POST-PENALTY ADMINISTRATIVE VIOLATION ACTIVITIES

Article 23. Handling complaints, reports, and lawsuits

1. The handling of complaints and reports from organizations, individuals who have been administratively sanctioned, or their legitimate representatives regarding the Decision on Administrative Sanction, the Decision on preventive measures and ensuring the implementation of administrative sanctions by Market Management Units shall be carried out in accordance with the provisions of the Law on Complaints and Reports and the guiding documents for implementing the Law on Complaints and Reports currently in effect.

2. The filing of lawsuits by organizations, individuals, or their legitimate representatives against the Decision on Administrative Sanction, the Decision on preventive measures and ensuring the implementation of administrative sanctions by Market Management Units shall be carried out in accordance with the current legal provisions on procedures for resolving administrative cases.

Article 24. Archiving Records

1. After the case is concluded, the Head of the Market Management Team, the Director of the Market Management Branch must direct the market management officials directly handling the case to complete the administrative violation processing file in accordance with the law.

2. The level that issues the Decision on Administrative Sanction shall archive the original records and documents of the case at that level upon completion of the case.

        

In the case where the People's Committee of a province issues the decision on administrative sanction, the Market Management Branch shall archive the case file at the Branch.

In the case where the People's Committee of a district issues the decision on administrative sanction, the Market Management Team operating in that area shall archive the case file at the Team.

 

3. The destruction of records with no archival value can only be carried out when there is a written decision by the authorized person. The determination of archival records, the period of retention, and the destruction of archival records shall be implemented in accordance with the National Archives Law dated April 4, 2001, Decree No. 111/2004/NĐ-CP dated April 8, 2004 detailing the National Archives Law, and Circular No. 879/VTLTNN-NVĐP dated December 19, 2006 guiding the organization of the destruction of expired records by the State Archives and Records Administration under the Ministry of Home Affairs.

 

Chapter IV

IMPLEMENTATION

Article 25. Implementation Organization

The Director of the Market Management Department is tasked with disseminating and enforcing this Procedure throughout all officials and inspectors within the entire force.

Article 26. Effective Date

1. This Circular shall take effect 45 days from the date of issuance.

2. During the implementation process, if any difficulties arise, organizations and individuals involved should report them to the Ministry of Industry and Trade for timely review and adjustment./.