Circular No. 30/2012/TT-BCT on the issuance, management, and use of Market Inspection Cards for civil servants of the Market Management Agency

CIRCULAR

Regulations on issuing, managing, and using market inspection cards for officials of the Market Management Department

for civil servants of the Market Management Department

_____________________

Based on Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; Decree No. 44/2011/ND-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decree No. 10/CP dated January 23, 1995 of the Government on organization, tasks, and powers of Market Management; Decree No. 27/2008/ND-CP dated March 13, 2008 of the Government amending and supplementing some articles of Decree No. 10/CP dated January 23, 1995 of the Government on organization, tasks, and powers of Market Management;

Based on Decision No. 19/2009/QD-TTg dated February 6, 2009 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the Market Management Department under the Ministry of Industry and Trade;

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

The Minister of Industry and Trade issues this Circular to regulate the issuance, management, and use of Market Inspection Cards for officials of the Market Management Department under the Ministry of Industry and Trade.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the issuance, reissuance, revocation, temporary suspension, management, and use of Market Inspection Cards (hereinafter referred to as Cards) for officials of the Market Management Department under the Ministry of Industry and Trade.

Article 2. Applicability

This Circular applies to officials of the Market Management Department under the Ministry of Industry and Trade.

Chapter II

SPECIFIC PROVISIONS

Article 3. Sample of Card and Validity Period of Card

1. The Card is rectangular, measuring 70 mm wide and 100 mm long, consisting of a card body and protective film. The content on the Card is presented in the Vietnamese Unicode font according to standard TCVN 6909:2001.

2. The card body consists of two sides as follows:

a) Front side (Figure 1): red background with yellow text; in the center is the emblem of Market Management, below is the capitalized text "MARKET INSPECTION CARD" and at the top is the national emblem:

  “SOCIALIST REPUBLIC OF VIET NAM
             Independence - Freedom - Happiness”

a. Belt for men

b) Back side (Figure 2): light yellow background with a red border; in the center is a floral pattern of the Market Management emblem surrounded by radiating decorative lines with the text "QLTT"; from the lower left corner to the upper right corner is a thick diagonal red line.

The content on the back includes information as shown in the sample (Figure 2), including:

- (1) Recording the Card number. The Card number consists of the letters "TW" and three digits representing the serial number of the person receiving the Card, connected by a hyphen (-). The Card number must match the badge number of the Market Management official receiving the Card;

- (2) Recording "BCT" for Cards issued pursuant to Clause 1, Article 7 of this Circular, or "QLTT" for Cards issued pursuant to Clause 2, Article 7 of this Circular;

- (3) Recording the title of the signatory;

- (4) Signature, full name of the signatory, and stamp of the Ministry of Industry and Trade;

 - A color photograph measuring 3 x 4 cm as stipulated in Point b, Clause 1, Article 8 of this Circular, affixed with one quarter of a raised stamp of the Ministry of Industry and Trade.

- Diagram

3. The validity period recorded on the Card shall not exceed four years from the date of issuance or reissuance of the Card.

Article 4. Criteria for Issuing the Card

1. Civil servants appointed to the position of Director or Deputy Director of the Market Management Department.

2. Civil servants appointed to the rank of Market Management Officer at the level of Market Inspector or higher, who have worked in the Market Management sector for three years or more.

Article 5. Reissuing the Card

Civil servants who have been issued the Card and do not fall under the cases specified in Article 6 of this Circular shall be eligible for reissuance of the Card in the following circumstances:

1. The expiration date recorded on the Card has passed.

2. There is a change in their position or rank within the Market Management civil service.

3. The Card is torn, damaged, and cannot be used.

4. The Card is lost if the person who lost it does not belong to the case subject to disciplinary action as stipulated in Clause 3, Article 11 of this Circular.

5. The period of disciplinary action has ended if they are considered for reissuance of the Card.

Article 6. Cases Not Eligible for Consideration for Issuance or Reissuance of the Card

Individuals meeting the criteria set forth in Article 4 of this Circular shall not be considered for issuance or reissuance of the Card if they fall under any of the following situations:

1. They are being complained about or accused and are currently undergoing investigation and resolution of complaints or accusations according to the laws on complaints and accusations.

2. They are suspended from work pending disciplinary review or are currently serving a disciplinary period.

3. Currently under criminal investigation.

Article 7. Authority to Issue and Reissue the Card

1. The Minister of Industry and Trade shall issue and reissue the Card for individuals meeting the criteria set forth in Clause 1, Article 4 of this Circular.

2. The Minister of Industry and Trade shall delegate authority to the Director of the Market Management Department to issue and reissue the Card for individuals meeting the criteria set forth in Clause 2, Article 4 of this Circular.

Article 8. Documents for Issuing and Reissuing the Card

1. The documents for issuing and reissuing the Card include:

a) A personal application form for issuing and reissuing the Card (in accordance with the model attached to this Circular), with a color photograph measuring 3x4 cm as prescribed in Point b, Clause 1 of this Article affixed;

b) Two color photographs measuring 3x4 cm of the applicant for issuing and reissuing the Card, wearing summer uniform, cap, and complete market management insignia (photographs taken within one year prior to the date of filing the application);

c) A copy of the appointment decision for the position for individuals meeting the criteria set forth in Clause 1, Article 4 of this Circular, or a copy of the appointment decision to the rank of Market Inspector or higher for individuals meeting the criteria set forth in Clause 2, Article 4 of this Circular;

d) A draft Decision for issuing and reissuing the Card by the authorized person to issue and reissue the Card as stipulated in Article 7 of this Circular;

đ) The blank Card of the individual applying for issuance or reissuance;

e) The previously issued Card for the case of reissuance, except as provided in Clause 2 of this Article.

2. In the case of reissuance due to loss as specified in Clause 4, Article 5 of this Circular, the application for reissuance must include an explanation of the loss of the Card.

Article 9. Procedures for Issuing and Reissuing the Card

1. Individuals meeting the conditions for consideration and application for issuance and reissuance of the Card are responsible for preparing and submitting the personal application documents for issuance and reissuance of the Card, including the types of documents specified in Points a, b, c, and e of Clause 1 or Clause 2 of Article 8 of this Circular to the Personnel and Force Building Office of the Market Management Department.

2. Within ten working days from the date of receipt of the complete and valid personal application documents for issuance and reissuance of the Card as stipulated in Clause 1 of this Article, the Personnel and Force Building Office of the Market Management Department shall examine and verify the criteria for issuance and reissuance of the Card of the applicant, prepare and submit the application documents for issuance and reissuance of the Card to the authorized person to issue and reissue the Card as stipulated in this Circular. If the conditions for issuance and reissuance of the Card are not met, a written notification shall be sent to the applicant, specifying the reasons for non-issuance or reissuance of the Card.

3. Within ten working days from the date of receipt of the complete and valid application documents for issuance and reissuance of the Card, the authorized person to issue and reissue the Card as stipulated in Article 7 of this Circular shall examine and decide on the issuance and reissuance of the Card.

Article 10. Revocation and Temporary Suspension of Use of the Card

1. The Card shall be revoked in the following cases:

a) The person to whom the Card was issued is no longer a civil servant within the establishment of the Market Management Department;

b) The competent authority confirms the loss of capacity for civil conduct;

c) Being disciplined with a warning or higher;

d) Committing a criminal offense and being sentenced by a court with a legally effective judgment.

2. The Card shall be temporarily suspended from use in the following cases:

a) Taking a long-term leave of three months or more;

b) Being on temporary suspension of duty during the period of investigation for disciplinary action;

c) Being arrested, detained, or imprisoned pending the conclusion of the investigation, prosecution, and trial by the competent authority regarding criminal offenses.

3. The revocation and temporary suspension of use of the Card must be decided by the authorized person issuing, reissuing the Card as stipulated in Article 7 of this Circular. Upon expiration of the temporary suspension period specified in the decision, the old Card will be returned if it is still valid, or a new Card will be considered for issuance.

4. Cards that have been revoked or temporarily suspended from use shall be kept at the Market Management Department.

Article 11. Management and Use of the Card

1. The Personnel - Force Building Office under the Market Management Department is responsible for managing and using card blanks; monitoring and keeping records of the issuance, reissuance of Cards, and Cards that have been revoked or temporarily suspended from use according to the provisions of the law.

2. The Card may only be used to perform official duties when assigned by an authorized person. It is strictly prohibited to misuse the Card for personal purposes; using another person's Card or lending the Card to others for use. If a civil servant uses the Card to commit acts contrary to the law, they will be subject to disciplinary action or criminal liability according to the law, depending on the severity of the violation.

3. The Card must be carefully preserved and maintained. In case the Card is lost, the civil servant who lost the Card must promptly report to the police where the loss occurred, announce in the media, and submit a written report to the head of the issuing agency. A civil servant who is at fault in the event of a lost Card will be subject to disciplinary action according to the law.

Chapter III

IMPLEMENTATION

Article 12. Effective Date

1. This Circular takes effect from December 1, 2012.

2. During implementation, if any issues arise, the Market Management Department is responsible for reporting them to the Ministry of Industry and Trade for supplementation and amendment as necessary./.