Circular No. 29/2013/TT-BCT stipulates on the organization and operation of agencies assigned to perform the specialized inspection function in Commerce and Industry.

CIRCULAR

Regulations on the organization and operation of agencies assigned to perform specialized inspection functions in Commerce and Industry

_______________________________

Pursuant to the Inspection Law 2010;

Pursuant to Decree No. 07/2012/ND-CP dated February 9, 2012 of the Government stipulating the agencies entrusted with the function of specialized inspection and specialized inspection activities;

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;

At the proposal of the Inspector General of the Ministry,

The Minister of Industry and Trade issues the Circular stipulating the organization and operation of agencies assigned to perform specialized inspection functions in Commerce and Industry as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the organization and operation of agencies assigned to perform specialized inspection functions in Commerce and Industry including: Tasks and powers of agencies assigned to perform specialized inspection functions; tasks and powers of heads of agencies assigned to perform specialized inspection functions; advisory units for specialized inspection work; standards for persons assigned to perform specialized inspection tasks; specialized inspection activities; uniforms; Specialized Inspection Official ID cards and information reporting systems for specialized inspection work.

Article 2. Applicability

1. This Circular applies to agencies assigned to perform specialized inspection functions in Commerce and Industry, heads of agencies assigned to perform specialized inspection functions in Commerce and Industry, persons assigned to perform specialized inspection tasks in Commerce and Industry, and related agencies, organizations, and individuals.

2. Agencies assigned to perform specialized inspection functions in Commerce and Industry include:

a) The Market Management Agency, the Chemicals Agency, and the Industrial Safety and Environmental Technology Agency under the Ministry of Industry and Trade (hereinafter referred to as the Agency);

b) Market Management Sub-Agencies under Provincial Departments of Industry and Trade (hereinafter referred to as the Sub-Agency).

Chapter II

ADVISORY UNITS FOR SPECIALIZED INSPECTION WORK, TASKS AND POWERS OF THE AGENCY, SUB-AGENCY, HEAD OF THE AGENCY, HEAD OF THE SUB-AGENCY; SPECIALIZED INSPECTION PLANS AND SPECIALIZED INSPECTION ACTIVITIES

Article 3. Advisory units for specialized inspection work at the Agency and Sub-Agency

1. Advisory units for specialized inspection work at the Agency and Sub-Agency (hereinafter referred to as the Advisory Unit) are units with the function of advising and assisting the Agency Director and Sub-Agency Director in organizing and implementing specialized inspection work within their scope of management authority.

2. Advisory Units at the Agency and Sub-Agency shall be organized into a Department or entrusted to another unit of the Agency or Sub-Agency. The staffing of the Advisory Unit shall be decided by the Agency Director and Sub-Agency Director within the total number of staff allocated to the Agency and Sub-Agency.

3. The Minister of Industry and Trade (hereinafter referred to as the Minister) decides to establish Advisory Units at the Agencies; Advisory Units at the Sub-Agencies shall be established by the competent authority according to the provisions of the law.

4. The Agency Director and Sub-Agency Director shall specifically define the functions, tasks, powers, and organizational structure of the Advisory Unit in accordance with the provisions of Government Decree No. 07/2012/ND-CP dated February 9, 2012, on agencies assigned to perform specialized inspection functions and specialized inspection activities (hereinafter referred to as Decree No. 07/2012/ND-CP).

Article 4. Tasks and powers of the Agency and Sub-Agency assigned to perform specialized inspection functions

1. The Agency shall develop an inspection plan to submit to the Inspectorate of the Ministry of Industry and Trade (hereinafter referred to as the Inspectorate of the Ministry) for consolidation and submission to the Minister for approval; the Sub-Agency shall develop an inspection plan to submit to the Inspectorate of the Provincial Department of Industry and Trade (hereinafter referred to as the Inspectorate of the Provincial Department) for consolidation and submission to the Director of the Provincial Department of Industry and Trade (hereinafter referred to as the Director of the Provincial Department) for approval and organize the implementation of such plans.

2. Inspect compliance with sector-specific laws, regulations on professional and technical matters, and industry and sector management rules.

3. Inspect cases showing signs of violation of laws when assigned by the Head of the Inspectorate of the Ministry of Industry and Trade (hereinafter referred to as the Head of the Inspectorate of the Ministry) or the Head of the Inspectorate of the Provincial Department of Industry and Trade (hereinafter referred to as the Head of the Inspectorate of the Provincial Department).

4. Inspect other cases assigned by the Minister or the Director of the Provincial Department.

5. Monitor, urge, and inspect the implementation of conclusions, recommendations, and decisions on handling inspections made by themselves.

6. Summarize and report the results of specialized inspections in accordance with Article 17 of this Circular.

Article 5. Duties and powers of the Director of the Bureau and the Director of the Branch when performing specialized inspection functions.

1. Leading, directing, and inspecting the specialized inspection work entrusted.

2. Deciding to conduct inspections upon discovering signs of violations of laws or at the request of the Minister, the Head of the Ministry's Inspectorate, the Department Director, or the Head of the Department's Inspectorate; assigning or proposing the competent authority to assign civil servants to perform specialized inspection tasks.

3. Recommending the competent authority to handle overlapping issues regarding the scope, subjects, contents, and timeframes of inspections within their management jurisdiction.

4. Recommending state agencies with competent authority to amend, supplement, or issue regulations in accordance with management requirements; recommending suspension or revocation of unlawful regulations discovered through inspection work.

5. Administering administrative penalties according to the provisions of law.

Article 6. Specialized Inspection Plan

1. The annual specialized inspection plan is established based on management requirements of the sector or field; according to guidance and orientation from higher-level agencies and analysis of information about the subjects.

2. Adjusting the annual specialized inspection plan if it falls under one of the following cases: pursuant to the directive of the head of the higher-level managing agency; proposal of the Head of the Ministry's Inspectorate or the Head of the Department's Inspectorate; proposal of the head of the agency assigned to perform specialized inspection functions.

3. The Director of the Bureau requests the Head of the Ministry's Inspectorate to submit to the Minister for approval of the adjustment of the inspection plan; the Director of the Branch requests the Head of the Department's Inspectorate to submit to the Department Director for adjustment of the inspection plan. The specialized inspection plans of the Bureau and the Branch are issued together with the inspection plans of the Ministry of Industry and Trade and the Department of Industry and Trade.

4. Authority to approve adjustments to the annual specialized inspection plan:

a) The Minister approves adjustments to the specialized inspection plans of the Bureaus;

b) The Department Director approves adjustments to the specialized inspection plans of the Branches.

Article 7. Specialized Inspection Activities

1. Specialized inspection activities are carried out in accordance with the provisions from Article 14 to Article 28 of Decree No. 07/2012/ND-CP.

2. The procedure for conducting an inspection and the model documents in specialized inspection activities are implemented in accordance with the regulations of the Government Inspector General.

3. When performing specialized inspection tasks, a team or group consisting of two or more people must be organized, including specialized inspection civil servants.

Chapter III

STANDARDS, UNIFORMS, AND INSPECTOR BADGES FOR SPECIALIZED INDUSTRY INSPECTORS

Article 8. Standards for persons assigned to perform specialized industry inspection tasks

1. Persons assigned to perform specialized industry inspection tasks are civil servants within the establishment of the Bureau and the Branch, assigned by the Director of the Bureau and the Director of the Branch to perform specialized inspection tasks. Persons assigned to perform specialized inspection tasks must meet the conditions and standards stipulated in Article 12 of Decree No. 07/2012/ND-CP; the conditions and standards stipulated for the current civil service rank held, and the following specific standards:

a) Hold a certificate in specialized inspection training or specialized industry inspection training issued by an authorized training institution;

b) Hold a certificate in civil service management training corresponding to the rank;

c) Persons assigned to perform specialized inspection tasks at the Market Management Bureau and Market Management Branch must be appointed and promoted to the position of market inspector by the competent authority.

2. The Director of the Bureau bases on the standards to consider and decide on the assignment of civil servants to perform specialized inspection tasks of their agency; the Director of the Branch bases on the standards to report to the Department Director for decision on the assignment of civil servants to perform specialized inspection tasks of their agency. The decision on the assignment of civil servants to perform specialized inspection tasks at the Bureau shall be sent one copy to the Ministry's Inspectorate, and at the Branch, one copy shall be sent to the Department's Inspectorate.

Article 9. Uniform for specialized inspection officials of the Industry and Trade sector

1. Specialized inspection officials under the Market Management Department and Branches of Market Management shall use the uniform of the Market Management agency and wear insignias, rank badges, and market management emblems.

2. The uniform for specialized inspection officials under other Departments shall be implemented according to Circular No. 03/2010/TT-TTCP dated July 16, 2010, issued by the Government Inspectorate guiding the color, material, specifications, and management and use of uniforms for inspectors and staff members of state inspectorates.

3. The cost of making and equipping uniforms for specialized inspection officials of the Industry and Trade sector shall be funded from the state budget and allocated in the annual budget estimate of the agency.

Article 10. Issuance of Specialized Inspection Official Cards for the Industry and Trade Sector

1. The Specialized Inspection Official Card for the Industry and Trade Sector (hereinafter referred to as the Card) shall be issued by the Chief Inspector of the Ministry to persons assigned to perform specialized inspection tasks.

2. The cost of producing the Card shall be funded from the state budget.

3. The validity period of the Card is five years from the date of issuance.

Article 11. Card Design

1. The Card is rectangular, measuring 61mm wide and 87mm long, consisting of a card body and protective film. The content on the Card is presented in the Vietnamese Unicode font according to Vietnam Standard TCVN 6909:2001.

2. The Card consists of two sides

a) Front side (see Appendix Figure 1):

The top line reads the National Emblem of Vietnam “SOCIALIST REPUBLIC OF VIET NAM- In the middle of the Card is the National Emblem of Vietnam. The bottom line reads "CIVIL SERVANT INSPECTION CARD", font size 12, all capital letters, bold, yellow color.

In the center of the Card is the National Emblem of Vietnam.

The bottom line reads “INDUSTRY AND TRADE SPECIALIZED INSPECTION OFFICIAL CARD”, font size 12, bold, yellow text.

b) Back side (see Appendix Figure 2): The background is a pink floral pattern forming rays emanating from the center; in the middle is the emblem of the inspection sector, printed in light gray, diameter 20mm, with the inspection sector emblem at the upper left corner, diameter 14mm; from the upper left corner (10mm away) to the lower right corner is a red diagonal line, width 6mm.

+ National Emblem: "SOCIALIST REPUBLIC OF VIETNAM", in capitalized letters, size 8;

- National Emblem: Uppercase letters, bold, font size 8;

- Motto: Regular font, bold, font size 8, with underline, with the inspection sector logo on the left;

- “SPECIALIZED INSPECTION OFFICIAL CARD OF THE MINISTRY OF INDUSTRY AND TRADE”: Uppercase letters, font size 9;

- Card Number: Regular letters, font size 9;

- Name: The name of the specialized inspection official, regular font, font size 9;

- Agency: The name of the agency where the specialized inspection official works, regular font, font size 9;

- Date of issuance of the Card: Italic letters, font size 9;

4. The Card is laminated for protection on the outside.

5. Card number

The Card has a common code of A05. The Branch adds a local code based on the location of the agency's headquarters (local code according to the Decision No. 93/2005/QĐ-BNV dated August 30, 2005 of the Minister of Home Affairs stipulating the List of Codes for State Agencies).

- Portrait of the person holding the Card, size 23x30, stamped with a raised seal at the lower right corner of the photo;

- Validity period: Regular letters, font size 7.

4. The protective film of the Card is laminated to cover the card body.

Article 12. Card Number

The Card has a common code of A05. Branches will add local codes based on the location of their headquarters (local codes according to Decision No. 93/2005/QĐ-BNV dated August 30, 2005, issued by the Minister of Home Affairs stipulating the List of Codes for State Agencies).

The serial number of the Card includes: the abbreviated name of the agency as prescribed by the Ministry of Industry and Trade and the Department of Industry and Trade followed by the Card number: four digits (starting from 0001).

Example: The Card code for a specialized inspection official at the Market Management Department, number 25 is: A05-QLTT0025. The Card code for a specialized inspection official at the Hanoi Market Management Branch, number 52 is: A05-T01-QLTT0052.

Article 13. Use of the Card

1. Specialized inspection officials shall use the Card when performing specialized inspection tasks as prescribed by law and only when carrying out inspection duties. During inspections, specialized inspection officials of the Industry and Trade sector must present the Card.

2. Before the Card expires or the official transfers to another position or retires, the specialized inspection official shall be responsible for returning the Card to the personnel management agency to return it to the Ministry Inspectorate.

3. It is strictly prohibited for specialized inspection officials to misuse the Card for personal purposes, use someone else's Card, or lend the Card to others for use.

Article 14. Forms of Issuing Cards

1. New issuance: When civil servants are assigned to perform specialized inspection tasks in Industry and Trade.

2. Reissuance: In cases where the Card is lost due to objective reasons; reissuance shall not be granted if the civil servant has had their Card revoked due to violation of laws or if they have lost the Card more than once within a usage period.

3. Replacement of Card: In cases where the Card's usage period has expired or for other reasons such as damage to the Card, change in the Card number, change in the name of the agency assigned to perform specialized inspection functions, or when there are new regulations regarding the Card model.

Article 15. Documents, Procedures, and Formalities for New Issuance, Reissuance, and Replacement of Cards

1. Documents required for issuing a new Card include:

a) A request letter from the Bureau or Branch assigned to perform specialized inspection functions;

b) Decision of the competent authority assigning civil servants to perform specialized inspection tasks (one original copy);

c) Photographs of the civil servant requesting the Card (two photographs measuring 23 mm x 30 mm) with clear indication of full name and agency on the back of the photograph and on the envelope containing the photographs;

d) Brief curriculum vitae, diplomas, and professional certificates.

2. Documents for Card replacement include those specified in Clause 1 of this Article and the previously issued Card.

3. Documents for Card reissuance include those specified in Clause 1 of this Article and a request letter for reissuance from the civil servant assigned to perform specialized inspection tasks.

4. Responsibilities for Implementation

a) The Inspectorate of the Ministry: Reviews applications for new issuance, replacement, reissuance, and revocation of Cards submitted by Bureaus and Branches;

b) Bureaus and Branches assigned to perform specialized inspection functions are responsible for:

- Compiling a list of civil servants assigned to perform specialized inspection tasks and submitting it to the Inspectorate of the Ministry for new issuance, reissuance, and replacement of Cards;

- Completing the documents according to the provisions of Clauses 1, 2, 3, and 4 of this Article.

Article 16. Revocation of Cards

1. Revocation of Cards: When civil servants pass away, retire, resign, transfer jobs, the Card expires, the civil servant is disciplined with a warning or higher, is criminally processed, or no longer performs specialized inspection tasks in Industry and Trade.

2. Based on the provisions of Clause 1 of this Article, the Director of the Bureau or Branch directly managing specialized inspectors is responsible for revoking the Card, cutting a corner of the Card before handing it over, and reporting to the Inspectorate of the Ministry.

Chapter IV

INFORMATION REPORTING REGIME

Article 17. Information and Reporting System

1. Reporting System

a) The Bureau is responsible for compiling reports on specialized inspection work and sending them to the Inspectorate of the Ministry;

b) The Branch is responsible for compiling reports on specialized inspection work and sending them to the Inspectorate of the Department;

c) The Inspectorate of the Department is responsible for compiling reports on specialized inspection work and reporting to the Department Director, the Inspectorate of the Ministry, and the Inspectorate of the province or centrally administered city;

d) The Inspectorate of the Ministry is responsible for compiling reports on specialized inspection work and reporting to the Minister and the Inspectorate General.

2. Types of Reports:

a) Regular reports on specialized inspection work include quarterly, semi-annual, nine-monthly, and annual reports. The contents of regular reports include:

- An overview of the implementation of the plan for specialized inspection work during the reporting period;

- Results of specialized inspection work during the reporting period: Total number of inspections conducted; number of inspected entities (individuals, organizations); main areas of inspection; number of individuals and organizations in violation; main contents of violations; total number of administrative penalty decisions issued; total amount of fines; amount of assets processed; amount recommended for recovery; amount of fines imposed; number of licenses revoked, canceled... results of implementing administrative penalty decisions and recovery;

- Evaluation of strengths, weaknesses, limitations, and causes of strengths, weaknesses, limitations (objective and subjective), experiences drawn from organizing, directing, and implementing specialized inspection work;

- Directions, basic goals, specific tasks in specialized inspection work that will be focused on in the next reporting period;

- Recommendations and proposals.

b) Special topic reports and ad hoc reports serving management requirements are implemented according to separate guidelines.

3. Time Limit for Submission of Reports

a) The Bureau sends regular reports to the Inspectorate of the Ministry, and Branches send regular reports to the Inspectorate of the Department before the 10th day of the last month of each quarter;

b) The Inspectorate of the Department is responsible for compiling regular reports on specialized inspection work and reporting to the Department Director, the Inspectorate of the Ministry, and the Inspectorate of the province or centrally administered city before the 15th day of the last month of each quarter;

c) The Inspectorate of the Ministry is responsible for compiling regular reports on specialized inspection work and reporting to the Minister and the Inspectorate General before the 20th day of the last month of each quarter.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. Other agencies under the Ministry of Industry and Trade assigned to perform specialized inspection functions also apply the provisions of this Circular.

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

Article 19. Responsibility for Implementation

1. The Head of the Inspectorate of the Ministry, Heads of agencies and units under the Ministry of Industry and Trade, Department Directors, Heads of the Inspectorate of the Department, Branch Chiefs of Market Management Branches, and related individuals and organizations are responsible for implementing this Circular.

2. During implementation, if there are any difficulties, Heads of agencies and units should promptly report to the Ministry of Industry and Trade for consideration and resolution./.