Circular No. 26/2013/TT-BCT stipulates the models of inspection records and decisions to be used in market management activities for administrative violations inspection and punishment.

CIRCULAR

Provisions on the model minutes and decisions to be used in inspection activities

and administrative penalty enforcement of market management

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Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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 certain articles of Decree No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management;

Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

At the proposal of the Director of the Market Management Department;

The Minister of Industry and Trade issues this Circular providing for the model minutes and decisions to be used in inspection and administrative penalty activities of Market Management.

Article 1. Scope of Regulation

This Circular stipulates:

1. The model minutes and decisions used in inspection activities and the model minutes and decisions (hereinafter referred to as seals) used in administrative penalty activities of Market Management.

2. The management of printing, distribution, use, handover, settlement, and destruction of pre-printed seals of Market Management.

Article 2. Applicability

1. Agencies, civil servants, and persons working at all levels of Market Management agencies.

2. Individuals and organizations related to inspection and administrative penalty activities of Market Management.

Article 3. Model seals issued together with this Circular

A. Model seals used in inspection activities:

1. Decision to inspect compliance with laws (MQĐ01).

2. Inspection record of compliance with laws (MBB01).

3. Decision to amend and supplement the content of the decision to inspect compliance with laws (MQĐ02).

B. Model seals used in administrative penalty activities:

1. Decision to search person under administrative procedure (MQĐ03).

2. Record of searching person under administrative procedure (MBB03).

3. Decision to search means of transport and objects under administrative procedure (MQĐ04).

4. Record of searching means of transport and objects under administrative procedure (MBB04).

5. Decision to search place where contraband goods and means of transport violating administrative regulations are hidden (MQĐ05).

6. Record of searching place where contraband goods and means of transport violating administrative regulations are hidden (MBB05).

7. Decision to temporarily detain person under administrative procedure (MQĐ06).

8. Decision to temporarily detain contraband goods, means of transport, and documents under administrative procedure (MQĐ07).

9. Record of temporarily detaining contraband goods, means of transport, and documents under administrative procedure (MBB07).

10. Decision to extend or prolong the period of temporary detention of contraband goods, means of transport, and documents under administrative procedure (MQĐ08).

11. Record of selling perishable goods (MBB08).

12. Record of administrative violation (MBB09).

13. Decision on administrative penalty (MQĐ09).

14. Decision on administrative penalty without making a record (MQĐ10).

15. Decision on confiscation of contraband goods, means of transport, or destruction of contraband goods violating administrative regulations (MQĐ11).

16. Record of confiscating contraband goods, means of transport violating administrative regulations (MBB11).

17. Record of destroying or handling contraband goods, means of transport violating administrative regulations (MBB12).

18. Decision on applying measures to mitigate consequences (MQĐ12).

19. Decision to amend, revoke, suspend temporarily, suspend entirely, or partially enforce the decision on administrative penalty (MQĐ13).

20. Decision to postpone enforcement of fine decision or reduce, exempt administrative penalty fines (MQĐ14).

21. Record of direct hearing session (MBB15).

22. Decision to pay fines in installments (MQĐ15).

23. Decision to return contraband goods, means of transport, and documents temporarily detained under administrative procedure (MQĐ16).

24. Record of transferring or returning contraband goods, means of transport, and documents temporarily detained under administrative procedure (MBB16).

25. Decision to enforce administrative penalty decision compulsorily (MQĐ17).

26. Record of enforcing administrative penalty decision compulsorily (MBB17).

C. Other model documents commonly used in inspection and administrative penalty activities:

1. Record of sampling products and goods (MBB02).

2. Record of verification or work (MBB10).

3. List of contraband goods, means of transport, and documents (MBK13).

4. Appendix to record (MPL14).

D. The model seals prescribed in Sections A, B, and C of this Article shall be printed on white paper coated with faint yellow floral patterns and embossed with the emblem of Market Management, the back side coated with carbon ink, size 210 x 297 mm (A4 size). At the center top of each seal page, the full-color emblem of Market Management shall be printed. The first copy is printed in black, the second copy in blue, the third and fourth copies in purple. Each type of seal is bound into a book containing multiple numbers, each number having multiple copies, and each number having multiple pages with pre-printed red serial numbers in the upper left corner of each seal number.

E. In cases where penalties are imposed on subjects committing multiple administrative violations and there is not enough space to record the penalty content as prescribed, or when more than four original copies of the Administrative Penalty Decision (MQĐ10) are required, the authorized authority may establish the content of the penalty decision on a computer, print it on A4 size paper, and take the decision number according to the regulations when signing and issuing the penalty decision.

Article 4. Management of printing and distribution of seals

1. Management of printing and distribution of seals:

a) The Market Management Department under the Ministry of Industry and Trade shall organize the management of printing and distribution of seals for units and officials of the Market Management Department to be used in their inspection and administrative penalty activities.

b) Provincial and centrally-administered city Market Management Branches shall organize the management of printing and distribution of seals for units and officials of the Market Management Branches to be used in their inspection and administrative penalty activities.

2. Tendering and signing contracts for printing seals shall be carried out in accordance with the provisions of the law; the contract must specify the responsibilities of the printing facility in managing the printing templates, managing the structure and quantity of printed seals, and prohibiting illegal printing or loss of pre-printed seals.

3. In cases where pre-printed seals are lost, the printing and distribution management agency or the unit and officials using the seals must investigate and clarify the responsibility of the person who lost them and handle them according to regulations, while simultaneously informing relevant agencies to prevent illegal use.

4. The budget for printing and distributing seals of market management agencies at all levels shall be provided from the state budget.

Article 5. Use of Seals

1. Seals printed and distributed in accordance with this Circular shall be used by market management agencies at all levels to establish case files for inspections and administrative violations in areas where they have been granted administrative penalty authority by law.

2. Only market management officials assigned tasks such as market inspection and control, investigation and verification of administrative violation cases, implementation of administrative penalties, organization of enforcement of penalty decisions, and application of measures to ensure the effectiveness of administrative penalties by the heads of market management agencies (Market Management Department Directors, Market Management Branch Directors, Market Control Team Leaders) may be issued seals to establish case files for inspection and administrative penalty cases.

3. Inter-departmental checkpoints and inspection teams established by competent authorities and headed by authorized officials of market management agencies at all levels may use seals specified in this Circular to establish case files for inspection and administrative penalty cases if permitted by the authority that established the checkpoint or inspection team.

4. All seals used to establish case files for inspection and administrative penalty cases must bear the stamp of the seal user agency as follows:

a) For seals that are decisions signed directly by authorized persons and stamped, the stamp of the seal user agency must be affixed on the signature place of these persons. For seals that are decisions signed by persons without direct stamping authority, the stamp of the seal user agency must be affixed in the upper left corner of the seal (hanging stamp).

b) For seals that are not decisions, the hanging stamp of the seal user agency must be affixed in the upper left corner below the serial number of the seal.

5. When assigned to use seals, market management officials must:

a) Use the correct type of seal for each task in accordance with the law on inspection and administrative penalties;

b) Use seals sequentially from the smallest number to the largest number, without skipping numbers. If a seal number used is damaged, it must be crossed out, the damaged seal number recorded in the seal book, and the next seal number used;

c) Record pre-printed seals on the first copy with blue or black ink pen so that carbon paper automatically prints on subsequent copies, or record seals on typewriters or printers with black ink, ensuring the content between copies is identical;

d) Record seals accurately according to regulations, without adding or omitting content items on pre-printed seal templates. Items on the seal that are not recorded or not fully filled should be crossed out, and any remaining blank spaces should also be crossed out; if there are attached appendices or lists, they must clearly indicate that there are attached appendices or lists;

đ) Seals with multiple pages and copies, including cases where appendices or lists are attached, must have signatures of those involved on each page and copy of the seal established;

e) Include the prescribed seal copy in the case file for establishing inspection and administrative penalty case files; index all seals in the case file and related documents according to the law on handling administrative violations.

6. The sending, storage, and copying of established seals are as follows:

a) For three-part seals, the first part is placed in the case file, the second part is given to the party being inspected, checked, or investigated, and the third part is kept in the seal book. For four-part seals, the first part is placed in the case file, the second part is given to the individual or entity being penalized, the third part is sent to the place collecting fines or related parties, and the fourth part is kept in the seal book;

b) If additional copies of established seals are needed to provide to related parties, the seal user agency must make true copies of the first part, have the authorized person sign the true copy, and affix the agency's stamp on the true copy in accordance with the law.

Article 6. Delivery, Payment, and Destruction of Seals

1. When delivering and distributing seals, records must be kept to track the receipt and delivery of seals, and specialized staff or those concurrently responsible for accounting for seals must be assigned.

2. Regularly inventory and settle accounts with the issuing agency; in cases where seals are damaged, lost, or improperly issued for use, the recipient or person responsible for using the seal must report and explain the situation and cause to determine responsibility.

3. For unused seals that are defective, damaged, unusable, or not permitted to continue use, the Head of the Market Management Agency as stipulated in Clause 1, Article 4 of this Circular shall be responsible for organizing the recovery, inventory, and destruction according to regulations.

Article 7. Prohibited Acts

1. Printing and organizing the printing and distribution of seals not in accordance with the provisions of this Circular.

2. Using seals not in accordance with the provisions of this Circular to establish case files for inspection and administrative penalty proceedings.

3. Altering or erasing contents recorded in established seals to distort case files for inspection and administrative penalty proceedings for personal gain.

4. Arbitrarily exchanging, buying, selling, borrowing, lending, or losing, damaging seals issued.

5. Recording seals, establishing case files for inspection and administrative violation handling not in accordance with laws on inspection and administrative penalty and the provisions of this Circular.

Article 8. Other Administrative Document Templates

Besides the seal templates prescribed in this Circular, based on legal provisions and requirements for inspection and administrative penalty work, the Director of the Market Management Department, the District Market Management Department Director shall specify other administrative document templates for uniform use in internal inspection and administrative penalty activities.

Article 9. Responsibilities of the Market Management Department

1. Organizing the printing and distribution of seals as stipulated in Point a, Clause 1, Article 4 of this Circular; organizing the printing of seals according to templates for district market management departments of provinces and centrally-administered cities as needed.

2. Providing guidance on seal recording procedures for market management agencies at all levels in accordance with laws on inspection and administrative violation handling and the provisions of this Circular.

3. Monitoring and inspecting the printing, distribution, use, and recording of seals in inspection and administrative penalty activities of market management agencies at all levels.

4. Reporting to the Minister of Industry and Trade on the implementation status, proposing measures to correct and prevent violations in the printing, distribution, management, and use of seals by market management agencies at all levels, and amending and supplementing seal regulations when necessary.

Article 10. Responsibilities of the District Market Management Department

1. Organizing the printing and distribution of seals as stipulated in Point b, Clause 1, Article 4 of this Circular.

2. Monitoring and inspecting the management and use of seals; providing guidance on seal recording procedures and case file establishment for local market management in accordance with laws on inspection and administrative violation handling and the provisions of this Circular.

3. Reporting to the Market Management Department on the printing, distribution, and use of seals as stipulated in this Circular; proposing management and use measures for seals and amendments and supplements when necessary.

Article 11. Implementation Provisions

1. This Circular takes effect from January 1, 2014.

2. This Circular replaces Circular No. 19/2011/TT-BCT dated May 6, 2011, of the Minister of Industry and Trade regarding templates for inspection and administrative penalty activities of market management agencies.

3. The Heads of the Ministry's Office, the Market Management Department Director, Heads of units under the Ministry, Directors of Provincial Departments of Industry and Trade, District Market Management Department Directors of provinces and centrally-administered cities, and civil servants of market management agencies at all levels are responsible for implementing this Circular./.