Consolidated Document number 32/VBHN-BCT Circular stipulating the management and use of forms in inspection activities, administrative violation handling, and implementation of business measures by the Market Management Force.

You have provided several forms and usage guidelines for administrative documents in the market management sector of the Ministry of Industry and Trade of Vietnam. These forms include Minutes, Decisions, Inventories, Annexes, and Work Diaries. Pay special attention to recent updates regarding the functions and organizational structure of the Ministry of Industry and Trade, specifically the change from the General Department of Market Management to the Department of Domestic Market Management and Development.

文号32/VBHN-BCT
文件类型Consolidated Document
发布机关Ministry of Industry and Trade
更新12/06/2026
领域Uncategorized
发布日期06/08/2025
生效日期06/08/2025
失效日期
状态In effect
✦ 智能摘要

You have provided several forms and usage guidelines for administrative documents in the market management sector of the Ministry of Industry and Trade of Vietnam. These forms include Minutes, Decisions, Inventories, Annexes, and Work Diaries. Pay special attention to recent updates regarding the functions and organizational structure of the Ministry of Industry and Trade, specifically the change from the General Department of Market Management to the Department of Domestic Market Management and Development.

适用范围

These forms are used by market management agencies under the Ministry of Industry and Trade to record and store information on inspection activities and administrative violation handling in the trade and consumption sectors.

要点

  • Minutes: Record the content of meetings or important events
  • Decision: A legally binding document for relevant parties
  • Inventory: Detail listing of contraband items, means of transportation, and related documents concerning administrative violations
  • Annex: Supplement additional information to the main decision or minutes
  • Work Diary: Record the operational history of market management officials

🌐 本文件的社会影响

  • Enhance transparency and effectiveness in market management
  • Provide a clear legal basis for inspection and administrative penalty enforcement actions
  • Support systematic storage and retrieval of information

❓ 常见问题

Which forms require confirmation signatures from unit leaders?

Forms such as Minutes and Decisions typically require confirmation signatures from unit leaders.

Can the Work Diary be replaced with an electronic version?

Yes, the Work Diary can be implemented electronically on the INS System provided that it ensures automatic entry of necessary fields of information.

How to update the latest forms according to the regulations of the Ministry of Industry and Trade?

It is necessary to frequently review and comply with new Circulars and Decrees issued by the Ministry of Industry and Trade related to the market management sector.

全文

 

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

_____________________

 

 

CIRCULAR

Provisions on the management and use of forms in inspection activities, administrative violation handling, and implementation of business measures by market management forces.
Market Management Forces
Circular No. 22/2021/TT-BCT dated December 10, 2021, issued by the Minister of Industry and Trade, concerning the management and use of forms in inspection activities, administrative violation handling, and implementation of business measures by market management forces, effective from February 1, 2022, has been amended and supplemented by:

________

 

Circular No. 45/2025/TT-BCT dated July 15, 2025, issued by the Minister of Industry and Trade, amending and supplementing certain articles of Circulars of the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

On the basis of Decree No. 98/2017/NĐ-CP dated August 18, 2011, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Market Management Law dated March 8, 2016;

On the basis of Decree No. 148/2016/NĐ-CP dated November 4, 2016, of the Government, detailing and guiding the implementation of certain provisions of the Ordinance on Market Management; Decree No. 78/2019/NĐ-CP dated October 14, 2019, of the Government, amending and supplementing certain articles of Decree No. 148/2016/NĐ-CP dated November 4, 2016, of the Government, detailing and guiding the implementation of certain provisions of the Ordinance on Market Management;

On the basis of Decree No. 81/2013/NĐ-CP dated July 19, 2013, of the Government, detailing certain provisions and implementing measures of the Law on Handling Administrative Violations; Decree No. 97/2017/NĐ-CP dated August 18, 2017, of the Government, amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013, of the Government, detailing certain provisions and implementing measures of the Law on Handling Administrative Violations;

On the basis of Decree No. 64/2007/NĐ-CP dated April 10, 2007, of the Government, on the application of information technology in the operations of state agencies;

On the basis of Decree No. 30/2020/NĐ-CP dated March 5, 2020, of the Government, on archiving work;

On the basis of Decision No. 34/2018/QĐ-TTg dated August 10, 2018, of the Prime Minister, stipulating the functions, tasks, powers, and organizational structure of the National Market Management Administration under the Ministry of Industry and Trade;

The Minister of Industry and Trade issues this Circular to regulate the management and use of forms in inspection activities, administrative violation handling, and implementation of business measures by market management forces.[1]

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

Article 1. This Circular regulates the management and use of forms in inspection activities, administrative violation handling, and implementation of business measures by market management forces.

 

Article 1. Scope of Regulation

2. In cases where it is necessary to use other administrative documents in inspection activities, administrative violation handling, and implementation of business measures, which are not specified in the detailed Decrees of the Government on certain provisions and implementing measures of the Law on Handling Administrative Violations and this Circular, such activities shall be carried out in accordance with the relevant regulations of the legal normative documents.

1.[2] The Department of Domestic Market Management and Development under the Ministry of Industry and Trade, the Provincial Market Management Sub-Department under the Department of Industry and Trade of provinces and centrally-administered cities (hereinafter referred to as the Market Management Sub-Department), and other administrative organizations under the aforementioned agencies (hereinafter collectively referred to as market management agencies and units); civil servants working at market management agencies and units (hereinafter referred to as civil servants).

Article 2. Applicability

Organizations and individuals related to inspection activities, administrative violation handling, and implementation of business measures by market management forces.

2. Organizations and individuals related to the activities of inspecting, handling administrative violations, and implementing professional measures of the Market Management force.

Article 3. Principles for managing and using forms

1. Forms used in administrative inspection activities, handling administrative violations, and implementing business measures shall be uniformly managed and used at market management agencies and units.

2. The use of forms in administrative inspection activities, handling administrative violations, and implementing business measures must comply with the provisions of laws on administrative inspections, business measures of market management forces, laws on handling administrative violations, and the provisions of this Circular.

3. Promote the application of information technology in managing and using forms for administrative inspection activities, handling administrative violations, and implementing business measures of market management forces in accordance with the provisions of the law.

Article 4. Forms used in administrative inspection activities, handling administrative violations, and implementing business measures of market management forces

1. The appendices regarding forms used in administrative inspections and implementing business measures of market management forces are issued together with this Circular.

2. Work diaries shall use A3 size paper (297mm x 420mm), except in cases where electronic work diaries are used; other forms shall use A4 size paper (210mm x 297mm).

3. Sample minutes and sample decisions used in handling administrative violations shall be implemented in accordance with the provisions of the Government's Decree detailing certain articles and enforcement measures of the Law on Handling Administrative Violations.

4. Based on the regulations of the law on archival work, the Director of the Department of Domestic Market Management and Development [3] shall guide the application of other administrative document forms outside those specified in Clauses 1, 2, and 3 of this Article to meet the requirements of administrative inspection activities, handling administrative violations, and implementing business measures of market management forces.

Article 5. Using forms

1. The forms prescribed in Article 4 of this Circular shall be used by market management agencies and units and civil servants performing duties in administrative inspection activities, handling administrative violations, and implementing business measures to establish case files for inspection and administrative violation handling matters within the functions, tasks, and authority of market management forces. Agencies and authorized persons may use pre-printed forms as stipulated in Clause 3 and Clause 4 of this Article.

2. Forms used in administrative inspection activities, handling administrative violations, and implementing business measures of market management forces shall be used according to the following provisions:

a) Based on the functions, tasks, powers, and purposes, contents of the document to be drafted, the head of the market management agency or unit or the authorized person assigns the unit or civil servant to draft the document, except in cases where the civil servant directly drafts the document they will sign and issue according to the law;

b) The unit or civil servant assigned to draft the document shall perform the following tasks: Determine the type name, content, form to be used, and the level of confidentiality and urgency of the document to be drafted; collect and process related information and draft the document in accordance with the prescribed form;

c) Except as provided for in Clause 3 and Clause 4 of this Article, the content of the document shall be established and drafted in accordance with the corresponding form on an electronic computer or on the Information Management System for Database and Electronic Documents in administrative inspection activities, handling administrative violations, and implementing business measures of market management forces (referred to as the INS System) as stipulated in Article 8 of this Circular, printed on A4 size paper in accordance with the prescribed format and presentation technique;

The head of the drafting unit, the civil servant assigned the task of drafting the document shall be responsible before the head of the market management agency or unit or the authorized person assigning the task and before the law for the content of the document;

d) The authorized person signing the document must review and approve the document before signing and issuing it and shall be responsible under the law for the signed and issued document. Forms with multiple pages and parts, including cases using attached schedules and appendices, except for decision forms [4], must have signatures of relevant persons as stipulated in each page and part of the form used;

đ) The number, code, and issuance date of the document shall be managed and assigned to each type of form as stipulated in and the competent functional agency shall conduct post-issuance inspection of the Certificate.;

e) The signing, copying, stamping of the agency or unit, and the stamp indicating the level of confidentiality and urgency; distribution and tracking of the dispatch of the document, and retention of the dispatched document shall be carried out in accordance with the law on archival work and the provisions of Clause 5 of this Article.

3. In cases where it is objectively impossible to use forms as prescribed in Point c Clause 2 of this Article, market management agencies and authorized persons may use pre-printed forms. Pre-printed forms when used to establish case files for inspection and administrative violation handling matters must be stamped according to the following regulations:

a) Decision forms signed and stamped directly by the authorized person shall be stamped according to the law on archival work;

b) Decision forms signed by someone who does not have the right to stamp directly and other forms that are not decisions shall be stamped in the upper left corner overlapping part of the issuing agency's name on the form (stamped hanging).

4. When assigned to use pre-printed forms, market management agencies and units and civil servants performing duties must:

a) Use the correct type of form for each task in accordance with the law on administrative inspections and handling administrative violations;

b) Fill in pre-printed forms correctly, ensuring accuracy, clarity, and readability, without erasing or altering; if there are attached schedules or tables, they must clearly indicate that there are attached schedules or tables. For sections of the form that are not filled in or are not fully filled in, they must be crossed out.

If the form is established in multiple copies, the content recorded in the form must be consistent among the copies established.

c) Carry out the numbering of the document through the Electronic Document Registration and Numbering System immediately after the authorized person signs the document or after those related parties sign the form as prescribed in point đ, Clause 2, Article of this Law.

5.[5] The forms used and other relevant documents shall be included in the case file for administrative violation inspection and handling, indexed, stored electronically, and stored on paper in accordance with the laws on administrative violation handling, laws on recordkeeping, and the Circular of the Minister of Industry and Trade stipulating the contents, procedures, and formalities for administrative violation inspection activities and the implementation of business measures by market management forces.

Article 6. Numbering and Issuance Time of Documents

1. The number and code of documents are managed and issued according to each type of form by the Electronic Document Registration and Numbering System established, operated, and uniformly managed by the Department of Domestic Market Management and Development.

2. The number and code of documents issued by market management agencies and units consist of two parts: the first part includes eight Arabic numerals, wherein the first two digits are the code of the Department of Domestic Market Management and Development or the Market Management Sub-department; the next two digits are the code of the subordinate market management agency issuing the document or "00" for the cases where the Department of Domestic Market Management and Development or the Market Management Sub-department directly issues the document; the last four digits are the serial number of the document issued by the market management agency or unit within a year, registered in the Electronic Document Registration and Numbering System and tracked and managed at the agency's archives, starting from 0001 on January 1st and ending on December 31st of the same year; the second part consists of the abbreviated name of the document type; there is a forward slash (/) between the two parts.

The number and code of documents signed and issued by civil servants during their official duties consist of two parts: the first part is the serial number of the document signed and issued by the civil servant within a year, registered in the Electronic Document Registration and Numbering System; the second part consists of the abbreviated name of the document type and the civil servant's code, connected by a hyphen (-); there is a forward slash (/) between the two parts.

3. The number, code, and issuance time of documents are taken in the order and sequence of issuance of documents by agencies, units, or civil servants in a year. The number and code of documents of agencies and organizations are unique in a year, consistent between paper documents and electronic documents.

4. For paper documents, registration and issuance of numbers and times are carried out after the signature of the authorized person and related parties. For electronic documents and documents drafted through the INS system, the issuance of numbers and times are carried out using the functions of the system.

5.[9] The code of the Department of Domestic Market Management and Development, the Market Management Sub-department, and subordinate market management agencies is specifically defined by the Director of the Department of Domestic Market Management and Development.

Article 7. Management of the use of forms

1. The Director of the Department of Domestic Market Management and Development[10] shall be responsible for managing and guiding the uniform use of forms in market inspection activities, administrative violation handling, and the implementation of business measures by market management forces.

2. The head of market management agencies and units with authority to issue inspection decisions, implement business measures, and handle administrative violations shall be responsible for managing the use of forms by their agencies, units, and subordinate civil servants; providing pre-printed forms to agencies, units, and civil servants tasked with inspections, implementing business measures, and handling administrative violations as stipulated in Clause 3 of Article 5 of this Circular.

Market management agencies and units using forms shall be responsible for managing the use of forms and maintaining records of form usage by their agencies, units, and subordinate civil servants.

3. Those with authority to issue inspection decisions, implement business measures, and handle administrative violations, the Head of Inspection Teams, and civil servants performing official duties shall decide on the appropriate use of forms suitable for each activity's requirements and content when resolving cases based on legal provisions, assigned functions and tasks, and practical inspection work situations.

4. In cases where market management agencies and units have implemented the INS System as prescribed in Article 8 of this Circular to manage, create, and store electronic forms, they may use computers to enter content, sign digitally, generate automatic serial numbers, and print documents established from prescribed forms through the INS System for issuance and use.

Paper documents (excluding duty logs) that are not established or drafted on the INS System must be issued or used by authorized officials of market management agencies and units for digitalization and management storage on the INS System within forty-eight hours from the date of signature.

Article 8. Application of information technology in the management and use of forms for inspection activities, administrative violation handling, and the implementation of business measures by market management forces

1. The INS System is established at the address http://ins.dms.gov.vn, a software developed to serve the management of inspection activities, administrative violation handling, and the implementation of business measures by market management forces in compliance with the Law on Information Technology, Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in state agency operations, Decree No. 30/2020/NĐ-CP dated March 5, 2020 of the Government on archival work, and related legal regulations.

2. The Department of Domestic Market Management and Development[11] shall be responsible for organizing the construction, management, and development of the INS database and technical infrastructure; guiding exploitation, use, and ensuring maintenance, operation, security, and safety of the INS System for the management, use, and storage of forms and file documentation in inspection activities, administrative violation handling, and the implementation of business measures by market management forces in accordance with legal provisions and this Circular.

3. The budget for constructing and maintaining the INS System in inspection activities, administrative violation handling, and the implementation of business measures by market management forces shall be provided by the State budget.

Article 9. Effectiveness and Transitional Provisions [12]

1. This Circular takes effect from February 1, 2022.

2. This Circular replaces Circular No. 26/2013/TT-BCT dated October 30, 2013 of the Minister of Industry and Trade on the model inspection records and decisions used in inspection activities and administrative penalty enforcement by Market Management Forces and Circular No. 08/2018/TT-BCT dated May 2, 2018 of the Minister of Industry and Trade amending and supplementing the provisions on the model inspection records and decisions used in inspection activities and administrative violation handling by Market Management Forces.

3. Point a, Clause 3, Article 4 and Clause 3, Article 19 of Circular No. 18/2019/TT-BCT dated September 30, 2019 of the Minister of Industry and Trade on the public service activities of Market Management Forces, which has been amended and supplemented according to Circular No. 54/2020/TT-BCT dated December 31, 2020 of the Minister of Industry and Trade amending and supplementing some articles of Circular No. 18/2019/TT-BCT dated September 30, 2019 of the Minister of Industry and Trade on the public service activities of Market Management Forces and Circular No. 20/2019/TT-BCT dated October 30, 2019 of the Minister of Industry and Trade on internal inspections of compliance with laws in public service activities of Market Management Forces, are hereby abolished.

4. Market Management Forces that have printed or received work diaries according to the model prescribed in Circular No. 18/2019/TT-BCT may continue to use them until June 30, 2022.

5. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced, the provisions of the amended, supplemented, or replacing legal normative documents shall apply.

Article 10. Responsibility for Implementation

1. The Department of Domestic Market Management and Development [13] is responsible for monitoring, guiding, inspecting, urging the implementation of this Circular and organizing the statistics and destruction of pre-printed inspection records and decisions according to Circular No. 08/2018/TT-BCT that have not been used after the effectiveness of this Circular.

2. The Director of the Ministry's Office, [14] the Head of the Legal Affairs Department, the Director of the Department of Domestic Market Management and Development [15], the Heads of subordinate units under the Ministry of Industry and Trade, and market management agencies at all levels shall be responsible for implementing this Circular.

3. During the implementation process, if there are difficulties or obstacles, market management agencies, relevant organizations, and individuals should report to the Ministry of Industry and Trade (through the Department of Domestic Market Management and Development [16]) for timely guidance.

 

 MINISTRY OF INDUSTRY AND TRADE
________

Number: 32/VBHN-BCT


Place of Receipt:
- OFFICE OF THE GOVERNMENT (FOR PUBLICATION IN THE GAZETTE);
- Ministry of Justice (for monitoring);
- Minister Nguyen Hong Dien;
- Vietnam Economic News (for posting on the Ministry of Industry and Trade website);
- Department of Legal Affairs (for publication in the National Legal Information System);
- To be filed: VT, TTTN (PC).

CERTIFIED CONSOLIDATED DOCUMENT

Hanoi, August 6, 2025

 

DEPUTY MINISTER
DEPUTY MINISTER




Nguyen Sinh Nhat Tan

 

 

 

ANNEX NUMBER 6[17]

MODEL FORMS USED IN INSPECTION AND IMPLEMENTATION OF BUSINESS MEASURES BY MARKET MANAGEMENT FORCES
(Issued together with Circular No. 45/2025/TT-BCT dated July 15, 2025 of the Minister of Industry and Trade)

________

 

Code Number

Model Forms

Code

1. MODEL DECISION

Form No. 01

Decision on Inspection of Compliance with Laws in Production and Business Activities

QĐ-KT

Form No. 02

Decision Amending and Supplementing the Decision on Inspection of Compliance with Laws in Production and Business Activities

QĐ-SĐBSKT

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

Decision on Delegation of Authority to Issue Inspection Decisions

QĐ-GQ

Form number 04

Decision on Assignment of Civil Servants to Implement Business Measures

QĐ-NV

Form number 05

Decision on Extension/Extension of Review and Verification Period

QĐ-KDGH

2. MODEL RECORD

Form number 06

Record of Inspection of Compliance with Laws in Production and Business Activities

BB-KT

Form No. 07

Record of Verification/Interview

BB-XMLV

3. COMMON MODEL FORM

Form No. 08

Report

BC- (Civil Servant Code)

Form No. 09

Proposal for Surprise Inspection of Compliance with Laws in Production and Business Activities / Administrative Procedure Examination...

ĐX- (Civil Servant Code)

Form No. 10

List

BK

Form No. 11

ANNEX

PL

Form No. 12

Work Diary

 

 

 

 

I. MODEL DECISION

1. Model No. 01. Decision on Inspection of Compliance with Laws in Production and Business Activities

..................(1).................
.......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

______________________

No.: …/QĐ-KT

..., date ..., month ..., year ...

 

Pursuant to …;

Inspection of Compliance with Laws in Production and Business Activities*

________

AUTHORITY TO ISSUE (3)

 

Pursuant to the Market Management Law 2016;

Pursuant to Circular No. ... dated ... month ... year ... of the Minister of Industry and Trade on the contents, procedures, and formalities of inspection activities, administrative penalty enforcement, and business measure implementation by Market Management Forces ...;

Pursuant to ... (4) ... (regulations on functions, tasks, authorities, and organizational structure of ...);

Pursuant to ... (5) ...,

<(6) Pursuant to the Decision on Delegation of Authority to Issue Inspection Decisions No.: …/QĐ-GQ dated ... month ... year ... of ..., >

 

DECISION:

 

Article 1. Inspection of compliance with laws in production and business activities against: ... (7) ...

Address: ... (8) ...

Inspection location: ... (9) ...

Inspection content: ... (10) ...

Inspection period: ... working days, starting from ... month ... year ...

Article 2. Form an inspection team headed by Mr./(Ms.): ...

Position: ... Unit: ...

Inspection Officer ID No.: ... Expiry Date: ...

to head the inspection team along with other members:

………………………………..…(11)…………. ………………………………

to implement this Decision.

Article 3. This Decision takes effect from the date of issuance and is handed over to the individual/representative of the inspected organization named in Article 1 for compliance. The inspected individual/organization has the rights and responsibilities stipulated in Articles 30 and 31 of the Market Management Law 2016 and the right to appeal or initiate administrative litigation against this Decision in accordance with the law./.

 

Place of Receipt:
- As Article 3;
- To be filed: VT, case file.

DECISION MAKER
(Sign, write full name and stamp)

 

<Print or write on the back>(**) After being announced, This Decision was directly handed over to Mr./Ms. ... who is ...individual/representative of the inspected organization or person authorized; in cases where these persons are not present at the inspection site, record the representative of the People's Committee of the locality or the representative of the local police station> at ... hours ... minutes, date .../.../...

 

 

PERSON RECEIVING THE DECISION
(Signature, full name)

 

* This model is used to issue inspection decisions as provided for in Article 19 of the Market Management Law and the Circular of the Minister of Industry and Trade on the contents, procedures, and formalities of inspection activities, administrative penalty enforcement, and business measure implementation by Market Management Forces.

** Apply to cases where the decision is directly handed over to an individual or representative of the organization being inspected or a person authorized under the law; if these individuals are not present at the inspection location, it shall be directly handed over to a representative of the People's Committee of the commune or a representative of the commune police agency.

(1) Record the name of the authority issuing the decision according to the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Record the title and name of the authority of the person issuing the decision.

(4) Fully record the type of document; number, code of the document; date, month, year of issuance of the document; name of the issuing authority and the name of the document stipulating the functions, tasks, powers, and organizational structure of the authority issuing the inspection decision.

(5) In case of planned inspections: fully record the name of the Inspection Plan and the Decision promulgating the Inspection Plan issued by the competent authority. For urgent spot checks as provided for in the Circular of the Minister of Industry and Trade on the contents, procedures, and formalities of inspection activities, administrative violation handling, and implementation of business measures by market management forces, fully record the name of the document proposing the inspection by the market management official performing their duties or the document requesting the inspection by the competent state management agency as stipulated in points b and c of Clause 2, Article 20 of the Market Management Ordinance, the number, code of the document; date, month, year of issuance of the document; name of the official proposing the document or the name of the competent state management agency issuing the request document.

(6) In case of delegation of power to a deputy, fully record the Decision on Delegation of Power to Issue Inspection Decisions; number, code, date, month, year of issuance, and position of the person issuing the Decision.

(7) Clearly record the name of the organization or individual being inspected or the production and business establishment being inspected.

(8) Clearly record the main office address of the organization or the registered business premises address (if any) or the address of the production and business establishment being inspected. In case of urgent spot checks where the registered office address of the organization, individual conducting business, or the production and business establishment being inspected cannot be determined, only record the inspection location.

(9) Clearly record the inspection location.

(10) Accurately record the inspection content listed in the approved inspection plan or issued or directly related to violations of the law or signs of violation of the law.

(11) Fully record the full name and number of each market management official who is a member of the Inspection Team and the person from the cooperating agency invited to participate in the inspection related to the professional and business management of multiple sectors and fields as stipulated in Clause 2, Article 36 of the Market Management Ordinance.

 

 

 

2. Model No. 02. Decision to amend and supplement the decision on inspecting compliance with laws in production and business of goods and services

.................(1).................
.......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

_____________________

Number:.../QĐ-SĐBSKT

..., date ..., month ..., year ...

 

Pursuant to …;

Amending and Supplementing the Decision on Inspecting Compliance with Laws in Production and Business of Goods and Services*

________

AUTHORITY TO ISSUE (3)

 

Pursuant to the Market Management Law 2016;

Pursuant to Circular No. ... dated ... month ... year ... of the Minister of Industry and Trade stipulating the contents, procedures, and formalities of inspection activities, administrative violation handling, and implementation of business measures by market management forces ...;

<(4) Pursuant to the Decision on Delegation of Power to Issue Inspection Decisions No.: …/QĐ-GQ dated…month…year…..of…,>

Pursuant to the proposal of the Inspection Team established pursuant to the Decision on Inspecting Compliance with Laws in Production and Business of Goods and Services No.:……./QĐ-KT dated …month … year … of…at …(5)…,

 

DECISION:

 

Article 1. Amending and supplementing the content of the Decision on Inspecting Compliance with Laws in Production and Business of Goods and Services No.:…/QĐ-KT dated …month …year …of…as follows:

Content of amendment and supplementation: …(6) …

Reason for amendment and supplementation: …(7) …

Article 2. Entrust Mr./(Mrs.): …

Position: ... Unit: ...

Market Management Officer Card No.: …Expiry Date:…

to head the Inspection Team together with other members of the Inspection Team to implement this Decision.

Article 3. This Decision takes effect from the date of signature and is handed over to the individual/representative of the organization being inspected named in Article 1 of the Decision for compliance. The individual/organization being inspected has the right to appeal or initiate administrative litigation against this Decision in accordance with the law./.

 

Place of Receipt:
- As Article 3;
- To be filed: VT, case file.

DECISION MAKER
(Sign, write full name and stamp)

 

<Print or write on the back>(**) After being announced, This Decision was directly handed over to Mr./Ms. ... who is ...individual/representative of the inspected organization or person authorized; in cases where these persons are not present at the inspection site, record the representative of the People's Committee of the locality or the representative of the local police station> at ... hours ... minutes, date .../.../...

 

 

PERSON RECEIVING THE DECISION
(Signature, full name)

* This model is used to issue a Decision to amend and supplement the Decision on Inspecting Compliance with Laws in Production and Business of Goods and Services when it is necessary to handle emerging issues related to the content of the Inspection Decision during the implementation of the inspection at the inspection site as stipulated in the Circular of the Minister of Industry and Trade on the contents, procedures, and formalities of inspection activities, administrative violation handling, and implementation of business measures by market management forces and in cases of extending the inspection period as stipulated in Article 22 of the Market Management Ordinance.

** Apply to cases where the decision is directly handed over to an individual or representative of the organization being inspected or a person authorized under the law; if these individuals are not present at the inspection location, it shall be directly handed over to a representative of the People's Committee of the commune or a representative of the commune police agency.

(1) Record the name of the authority issuing the decision according to the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Record the title and name of the authority of the person issuing the decision.

(4) In case of delegation of power to issue decisions to a deputy, fully record the Decision on Delegation of Power to Issue Inspection Decisions; number, code, date, month, year of issuance, and title of the person issuing the Decision.

(5) Fully record the name of the document, number, code of the document; date, month, year of issuance of the document of the Head of the Inspection Team.

(6) Clearly record each content of amendment and supplementation of the Decision on Inspecting Compliance with Laws in Production and Business of Goods and Services that is amended and supplemented.

(7) Clearly record the reason for amending and supplementing each content of the Decision on Inspecting Compliance with Laws in Production and Business of Goods and Services that is amended and supplemented.

 

 

 

3. Model No. 03. Decision on Delegating Power to Issue Inspection Decisions

.................(1)..................
.......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

______________________

Number: …/QĐ-GQ

..., date ..., month ..., year ...

 

Pursuant to …;

On Delegating Power to Issue Inspection Decisions*

________

AUTHORITY TO ISSUE (3)

 

Pursuant to the Market Management Ordinance of 2016;

Pursuant to Circular No. ... dated ... month ... year ... of the Minister of Industry and Trade stipulating the contents, procedures, and formalities of inspection activities, administrative violation handling, and implementation of business measures by market management forces ...;

Pursuant to …(4)…….(stipulating the functions, tasks, powers, and organizational structure of ….);

<(5) Pursuant to …;>

 

DECISION:

 

Article 1. Delegate the power to issue decisions on inspecting compliance with laws in production and business of goods and services to:

Mr. (Mrs.):…

Position:…Unit:

Market Management Officer Card No.:…Expiry Date:

Scope of delegation: …(6)…

Content of delegation: …(7)…

Term of delegation: …(8)…from …/…/… to …/…/…

Exercise the authority of …(9)… in inspection activities and implement business measures prescribed in the Market Management Ordinance 2016 and its detailed implementing regulations from the date of …/…/….

Article 2. Within the assigned period, the person named in Article 1 of this Decision shall be responsible for their decisions under the law and to the authority granting such powers.

Article 3. This Decision takes effect from the date of signature.

The person named in Article 1 of this Decision and related organizations and individuals shall be responsible for implementing this Decision./.

 

Place of Receipt:
- As Article 3;
- To be filed: VT, case file.

DECISION MAKER
(Sign, write full name and stamp)

 

* This model is used to issue a decision delegating the power to issue inspection decision pursuant to Article 21 of the Market Management Ordinance and the Circular of the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces.

(1) Record the name of the authority issuing the decision according to the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Record the title and name of the authority of the person issuing the decision.

(4) Fully record the type of document; number, code of the document; date, month, year of issuance of the document; name of the issuing authority and the name of the document stipulating the functions, tasks, powers, and organizational structure of the authority issuing the inspection decision.

(5) Record other basis (if any) which stipulates the content and grounds for issuing the decision.

(6) Clearly state whether the delegation of power is for regular or case-specific inspection decisions.

(7) Clearly state the implementation of the issuance of inspection decisions and the implementation of business measures prescribed in the Market Management Ordinance and the Circular of the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces.

(8) Specifically record the term of delegation (in units of days, months, or years) and clearly indicate from the date …to the end of the date …. In cases where the power to issue inspection decisions is delegated on a case-by-case basis, there is no need to specify the term of delegation.

(9) Record the position of the delegator, for example: Head of the Market Management Team ..., Provincial Market Management Office …

 

 

 

4. Model No. 04. Decision on Assigning Civil Servants to Implement Business Measures

................(1)..................
.......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

_____________________

Number: …/QĐ-NV

...(2).., day …month …year …

 

Pursuant to …;

Assign civil servants to implement business measures*

________

AUTHORITY TO ISSUE (3)

 

Pursuant to the Market Management Law 2016;

Pursuant to Circular No. ... dated ... month ... year ... of the Minister of Industry and Trade stipulating the contents, procedures, and formalities of inspection activities, administrative violation handling, and implementation of business measures by market management forces ...;

Pursuant to ... (4) ... (regulations on functions, tasks, authorities, and organizational structure of ...);

Pursuant to ... (5) ...,

<(6)On the basis of the Decision on Delegating Power to Issue Inspection Decisions No.: …/QĐ-GQ dated …month …year …of: …,>

 

DECISION:

 

Article 1. Assign the following civil servant(s):

- (7) Mr./Ms.: …Position: ……… Unit: …

- Mr./Ms.: …Position: ……… Unit: …

- .................................................................................,

Implement business measure(s): ..(8).. (Area Management/Collecting, Verifying, Investigating Information/Monitoring Commercial Activities with Signs of Violation of Law) with the following specific contents:

- Managed area: …(9)…

- Managed object/Area Management/Information Collection, Verification, Investigation Object/Monitoring Object: …(10)…

- Content of area management/Content of information to be collected, verified, investigated/Monitoring Content: …(11)…

- Implementation time: …(12)…

Article 2. (13) <Choose one of the two appropriate contents> Civil servants assigned to manage areas/Team Leaders of Area Management Teams have the responsibility to regularly report or compile data on area management to the Head of the Market Management Team every week/month/quarter according to the provisions of Clause 1, Article 33 of the Market Management Ordinance.

Civil servants assigned to implement business measures …(collecting, verifying, investigating information/supervising commercial activities with signs of violation) have the responsibility to perform tasks within the designated area, target, content, and deadline; report the results of implementing business measures and propose recommendations (if any) in writing to the person assigning the task immediately upon completion of the task for handling in accordance with the law.

Article 3. This Decision takes effect from the date of signature.

The persons named in Article 1 are responsible for implementing this Decision./.

 

Place of Receipt:
- As Article 2;
- To be filed: VT, case file.

DECISION MAKER
(Sign, write full name and stamp)

* This model is used to issue a decision assigning civil servants to implement business measures as prescribed in Articles 32 and 33 of the Market Management Ordinance and the Circular of the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces.

(1) Record the name of the authority issuing the decision according to the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Record the title and name of the authority of the person issuing the decision.

(4) Fully record the type of document; number, code, date, month, year of issuance of the document; name of the issuing agency and the document stipulating the functions, duties, authorities, and organizational structure of the competent authority issuing the decision.

(5) Fully record the type of document; number, code, date, month, year of issuance of the document; name of the issuing agency or the person signing the document and the document recording the content of law violations or signs of law violations that the decision maker considers necessary to apply business measures, for example: reports on receiving information about law violations or signs of law violations, reports of civil servants assigned to implement business measures when they consider insufficient grounds for issuing inspection decisions, search orders/documents proposing inspections/orders of civil servants performing inspection and administrative violation handling tasks...

(6) In cases where a deputy is delegated the power, fully record the decision on delegating the power to issue inspection decisions; number, code, date, month, year of issuance, and position of the decision maker.

(7) In cases where multiple civil servants are assigned to implement business measures, clearly record the civil servant assigned as the Team Leader of the area management team or responsible for organizing and directing the collection, verification, investigation of information/Supervision of commercial activities with signs of violation of law; other civil servants are members of the team or participate in implementing business measures according to the assignment of the Team Leader or the civil servant responsible for organizing and directing the collection, verification, investigation of information or supervision.

(8) Clearly record the name of the business measure: Area Management/Collecting, Verifying, Investigating Information/Surveillance of Commercial Activities with Signs of Violation of Law.

(9), (10), (11) Depending on the situation, choose the appropriate content and clearly record relevant contents as prescribed in Article 33 of the Market Management Ordinance and the Circular of the Minister of Industry and Trade on the contents, procedures, and formalities for inspection activities, administrative violation handling, and implementation of business measures by market management forces.

(12) Specify the time limit for implementing the investigative measure.

(13) The person issuing the decision shall select one of the two contents corresponding to the specific investigative measure applied to be stipulated in this Article.

 

 

5. Model number 05. Decision to extend/renew the deadline for examination and verification

................(1)..................
......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

______________________

Number: …/QĐ-KDGH

..., date ..., month ..., year ...

 

Pursuant to …;

Extend/Renew the deadline for examination and verification

________

AUTHORITY TO ISSUE (3)

 

Pursuant to the Market Management Law 2016;

<(4) Based on the Decision on delegating the authority to issue inspection decisions number: …/QĐ-GQ dated …month …year …of …;>

Based on the proposal of the civil servant assigned to implement the investigative measure pursuant to Decision number:…/QĐ-NV dated …month … year … of …at …(5)…,

 

DECISION:

 

Article 1. Extend/Renew the deadline for examination and verification for the case …pursuant to the Inspection Decision on compliance with laws in production and business of goods and services number …QĐ/KT dated … month … year ... of …

- Reason for extending/renewing the deadline for examination and verification: …(5)…

- Extended/renewed deadline for examination and verification: ….(6)…, from …/…/… to …/…/…

Article 2. - The State Capital and Asset Management General Department at Enterprises to receive applications to purchase share certificates and related documents of the company to submit to the Minister of Finance for decision.

1. Mr./(Ms.): …(7)…

Position: ... Unit: ...

2. ………………………………………………………………………………...

to implement this Decision.

Article 3. This Decision takes effect from the date of signature and is handed over to the person named in Article 2 for implementation./.

 

Place of Receipt:
- As Article 3;
- To be filed: VT, case file.

DECISION MAKER
(Sign, write full name and stamp)

* This model is used to issue a decision to extend or renew the deadline for examination and verification as prescribed in Clause 4, Article 27 of the Market Management Ordinance.

(1) Record the name of the authority issuing the decision according to the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Record the title and name of the authority of the person issuing the decision.

(4) In the case where a deputy is delegated the authority, fully record the decision on delegating the authority to issue inspection decisions; the number, code, date, month, year of issuance, and position of the decision issuer.

(5) Fully record the type of document; the number, code, date, and month, year of issuance of the document, and the name of the civil servant signing the report proposing to extend or renew the deadline for examination and verification.

(6) Specifically record the extended/renewed deadline for examination and verification in days and clearly state from …to ….

(7) In the case where multiple civil servants are assigned to implement the investigative measure, clearly record the civil servant responsible for organizing the collection, examination, and verification of information and other civil servants participating in the implementation of the investigative measure according to the assignment of the civil servant responsible for organizing the collection, examination, and verification of information.

 

 

 

II. MODEL OF MINUTES

1. Model number 06. Minutes of inspection of compliance with laws in production and business of goods and services

.................(1).................
.......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

_____________________

Number: …/BB-KT

..., date ..., month ..., year ...

 

RECORD

Inspection of Compliance with Laws in Production and Business Activities*

________

 

Pursuant to the Market Management Law 2016;

Pursuant to Circular No. ... dated ... month ... year ... of the Minister of Industry and Trade stipulating the contents, procedures, and formalities of inspection activities, administrative violation handling, and implementation of business measures by market management forces ...;

Implementing the Inspection Decision on compliance with laws in production and business of goods and services number:…/QĐ-KT dated …month …year …of …(amended and supplemented by Decision number …/QĐ-SĐBSKT dated …month …year …of …if applicable),

At …hours …minutes on …day …month …year at …(3)…

Inspection team of: …(4)…

Led by Mr./(Ms.): …License number: ….… serving as the Head of the Inspection Team

Representatives of agencies or units cooperating (if any):

- Mr./(Ms.): …Position:…

Agency/unit:…

- Mr./(Ms.): …Position:…

Agency/unit:…

Representatives of the People's Committee of the commune/local police station (if any):

- Mr./(Ms.): …Position: …

Witnesses (if any):

- Mr./(Ms.): …

Address/unit: …

ID/ID card/passport number: …issued on …at:…

Individuals or representatives of organizations suffering losses (if any):

- Mr./(Ms.): …

Address/unit: …

ID/ID card/passport number: …issued on …at:…

Conducting the preparation of Minutes of inspection of compliance with laws in production and business of goods and services for: …(5)…

Address: …(6)…

Registration certificate number: …issued on …at: …

Representative is Mr./(Ms.): …Occupation/position: …

<or in the case of an individual being inspected:

ID/ID card/passport number: …issued on …at …>

Authorized representative is Mr./(Ms.) (if any): …

ID/ID card/passport number: …issued on …at …

Power of attorney number …dated …month …year …of …

Inspection location:…(7)…

Results of inspection according to the inspected contents are as follows:

..............................................................(8).............................................................

The inspection at the inspection site began at …hours …on …day …month …year and ended at …hours …on …day …month …year …(9)

Opinion of the individual/representative of the organization being inspected (if any): …

Opinion of the representative of the People's Committee of the commune/local police station/witness (if any):…

Opinion of the individual/representative of the organization suffering losses (if any): …

Opinion of the representative of the agency/unit cooperating (if any): …

Opinion of the Inspection Team:…

Reason why the individual/representative of the organization being inspected/authorized person did not sign the minutes: …(10)…

The preparation of the minutes concluded at …hours …on …day …month …year …

This minutes consists of …pages and …Schedules attached (if any), made up of …copies having identical content and value; read aloud to those named above, acknowledged as correct and signed below; one copy given to the individual/representative of the organization being inspected, one copy kept in the file of the case and ... copies …; .

Reason why the individual/representative of the organization being inspected/authorized person did not sign the minutes: …(10)…/.

 

INDIVIDUAL/ REPRESENTATIVE OF THE ORGANIZATION BEING INSPECTED OR AUTHORIZED PERSON
(Signature, full name)

WITNESS/ INDIVIDUAL/ ORGANIZATION SUFFERING LOSSES
(Signature, full name)

REPRESENTATIVE OF THE PEOPLE'S COMMITTEE OF THE COMMUNE/ LOCAL POLICE STATION
(Signature, full name)

REPRESENTATIVE OF THE COOPERATING AGENCY
(Signature, full name)

HEAD OF THE INSPECTION TEAM
(Signature, full name)

* This model is used to prepare minutes of inspections as prescribed in Point i, Clause 1, Article 25 of the Market Management Ordinance and Circular of the Minister of Industry and Trade on the content, procedures, and formalities for inspection activities, administrative violation handling, and implementation of investigative measures by market management forces.

(1) Record the name of the agency of the person authorized to issue inspection decisions in accordance with the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Clearly record the place where the minutes were prepared.

(4) Record the name of the agency of the person issuing the inspection decision.

(5) Clearly record the name of the organization, individual, household business, or production and business establishment being inspected.

(6) Clearly record the registered main address of the organization, household business, or production and business establishment being inspected or the residential address of the individual being inspected.

(7) Clearly record the location where the inspection was conducted.

(8) Clearly record the results of the inspection for each inspected item according to the inspection decision of the authorized person and conclusions about each item that has been clarified (if any); in cases where it cannot be concluded about the inspected items at the time of preparing the inspection minutes, clearly record the signs of violations of the law that need to be examined and verified to clarify.

For cases where violations of the law outside the scope of the inspection decision are discovered, clearly record the administrative violations found in the inspection minutes immediately following the recording of the results of the inspection of the items specified in the inspection decision.

(9) Record the time when the inspection begins and the time when it ends at the inspection location.

(10) Record clearly the personal reasons or the representative of the organization being inspected or the authorized person of the individual or organization being inspected for not signing the record.

 

2. Form No. 07. Inspection Verification/Interview Record

.................(1)................
......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

_______________________

Number: …/BB-XMLV

..., date ..., month ..., year ...

 

INSPECTION VERIFICATION/INTERVIEW RECORD*

________

Pursuant to …(3)…,

At …hours …minutes, on the …day …month …year …, at ………(4)…

Representative of …(5)…:

- Mr./(Ms.): …Position: …

Representative of cooperating agency/unit (if any):

- Mr./(Ms.): …

Position: …Agency/Unit: …

Witnesses (if any):

- Mr./(Ms.): …

Address/Unit: …

ID/ID card/Driver's license/passport number: …issued on …at …

Conducting verification/interview with:

- Mr./(Ms.): …

Occupation/Position: …Agency/Unit: …

Address/Citizenship: …

ID/ID card/Driver's license/passport number: …issued on …at: …

Representing: …

pursuant to Power of Attorney/Introduction Letter (if any) No.: …on …day …month …year…

2. Mr./Mrs. …Position …Organization …

Reason for verification/interview: …(6)…

Content of verification/interview and opinions of related parties:

........................................................................(7)..............................................................

The verification/interview session ended at …hours …day …month …year …

This record is made in …copies having identical content and value; read aloud to the persons named above, acknowledged as correct and signed below; 01 copy given to the individual/representative of the organization being verified/interviewed, 01 copy kept in the case file and …copy given to …; ./.

 

INDIVIDUAL/REPRESENTATIVE OF THE ORGANIZATION BEING INTERVIEWED
(Signature, full name)

INDIVIDUAL/REPRESENTATIVE OF THE ORGANIZATION VERIFYING
(Signature, full name)

WITNESS
(Signature, write surname and name)

REPRESENTATIVE OF THE COOPERATING AGENCY
(Signature, full name)

REPRESENTATIVE OF THE MARKET MANAGEMENT AUTHORITY
(Signature, full name)

* This form is used to prepare the verification or interview record with relevant agencies, organizations, or individuals during the implementation of business measures as prescribed in the Market Management Ordinance and Circular of the Minister of Industry and Trade stipulating the content, procedures, and formalities for inspection activities, administrative violation handling, and the implementation of business measures by market management forces.

(1) Record the name of the authority issuing the decision assigning civil servants to implement business measures according to the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Record fully the type of document; document number, code; date of issuance of the document; name of the authority or signatory and the name of the document assigning the task of verification or interview or the document stipulating the content and basis for conducting verification or interview with relevant agencies, organizations, or individuals.

(4) Record the location where verification or interview is conducted.

(5) Record the name of the Market Management Authority organizing the verification or interview.

(6) Record clearly the reason for verification or interview with relevant agencies, organizations, or individuals.

(7) Record fully the content, results of verification or interview, and opinions of related parties.

 

 

 

III. COMMON FORMS

1. Form No. 08. Report

.................(1)..................
.......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

______________________

Number: …/BC-…(3)…

..., date ..., month ..., year ...

 

REPORT*

Regarding .........................(4)..................................

________

To: …(5)…

 

Pursuant to the Circular of the Minister of Industry and Trade stipulating the content, procedures, and formalities for inspection activities, administrative violation handling, and the implementation of business measures by market management forces ...;

Pursuant to …(6)…;

I am:…

Position: ... Unit: ...

1. Reporting on the matter …(4)…as follows:

......................................................................(7)................................................................

....................................................................................................................................

....................................................................................................................................

2. Recommendations/suggestions (if any):

.......................................................................(8)...............................................................

....................................................................................................................................

Respectfully request …(5)…to consider and decide./.

 

Place of Receipt:
- As above;
- ……..;
- File: Case file.

REPORTER
(Sign and write full name)

* This form is used by market management civil servants performing official duties to report to the competent authority: reporting on the collection and receipt of information about law violations or signs of law violations; reporting and proposing solutions to issues arising during inspections at inspection locations; reporting and proposing solutions to inspection results; reporting on the results of implementing business measures as prescribed in the Market Management Ordinance and the Circular of the Minister of Industry and Trade stipulating the content, procedures, and formalities for inspection activities, administrative violation handling, and the implementation of business measures by market management forces.

(1) Record the name of the agency or unit of the civil servant making the report according to the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Record the identification number of the market management civil servant making the report.

(4) Record the summary of the report content consistent with the report content.

(5) Record the agency or position of the person directly receiving and resolving the content and proposals in the report.

(6) Record fully the type of document; document number, code; date of issuance, issuing authority or signatory and the name of the document stipulating or directly related to the report content and proposals.

(7) Record fully and accurately the report content.

(8) Record recommendations and suggestions for resolution or handling measures for the competent authority to consider and decide. In cases of proposed inspections or proposed searches, the content of the proposal must include the main contents as prescribed.

 

 

 

2. Form No. 09. Proposal for Sudden Inspection of Law Compliance in Production and Business of Goods and Services/Search...

.................(1).................
......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

____________________

Number: …/ĐX-…(3)…

...(2).., day …month …year …

 

PROPOSAL

Sudden Inspection of Law Compliance in Production and Business of Goods and Services/Search .....(4)......under Administrative Procedures*

________

To: …(5)…

 

Pursuant to Circular No. ... dated ... month ... year ... of the Minister of Industry and Trade on the contents, procedures, and formalities of inspection activities, administrative penalty enforcement, and business measure implementation by Market Management Forces ...;

Pursuant to …(6)…,

I am: …

Position: …Unit: …

Proposing sudden inspection of law compliance in production and business of goods and services/search …(4)…under administrative procedures with the following contents:

1. Name, address of the individual, business household, organization, or production and business establishment to be inspected/Person to be searched/Transport vehicle, object to be searched/Place of search: …(7)…

2. Inspection location/to carry out the search: …(8)…

3. Content of the proposed inspection/range of search: …(9)…

4. Inspection deadline and proposed time to conduct the inspection/proposed search time and start time of the search: …(10)…

5. Expected administrative violation behavior and related contraband, means of transportation involved in administrative violations/legal normative documents applied: …(11)…

Respectfully request …(5)…to consider and instruct./.

 

 

PROPOSER
(Signature, full name)

* This form is used by market management civil servants performing official duties to propose inspection or search to the competent authority as prescribed in the Market Management Ordinance and the Circular of the Minister of Industry and Trade stipulating the content, procedures, and formalities for inspection activities, administrative violation handling, and the implementation of business measures by market management forces in cases where the report on the results of implementing business measures or inspection and administrative violation handling does not contain a proposal.

(1) Record the name of the agency or unit of the civil servant making the proposal in accordance with the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Record the identification number of the Market Management civil servant making the proposal.

(4) Select appropriate content and specify in detail the examination of persons, transportation vehicles, objects, or places where contraband or administrative violation means are concealed.

(5) Clearly record the position of the person authorized to issue the decision for an urgent inspection of compliance with laws in production and business activities or the decision for an examination.

(6) Fully record the type of document; its number, code, date of issuance; the document reporting the results of implementing investigative measures or inspection tasks and handling administrative violations by civil servants performing their duties according to regulations or other bases indicating that contraband or administrative violation means are being concealed in persons/transportation vehicles, objects/places proposed for examination.

(7) Select appropriate content and clearly record the name and address of individuals, households, organizations, or production and business establishments subject to inspection, or persons or objects subject to examination, or places of examination.

(8) Select appropriate content and clearly record the location where the inspection will be conducted or the place where the examination will take place.

(9) For proposals for urgent inspections: Record the relevant content directly related to law violations or signs of law violations. For examination proposals: Specifically record the examination of part or all of the proposed examination subjects.

(10) Clearly record the proposed time limit for conducting inspections at the inspection site, the proposed time for conducting examinations, and the start time for inspections and examinations.

(11) Specifically record the anticipated administrative violation behavior and the Government Decree stipulating administrative penalties applicable to such administrative violation behavior (for inspection proposals); Specifically record the anticipated administrative violation behavior and the contraband or administrative violation means related to it (for examination proposals).

 

 

3. Model No. 10. Inventory List

...................(1)...................
.......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

______________________

Number: …/BK

..., date ..., month ..., year ...

 

INVENTORY LIST

Contraband, Means of Violation, Goods, Documents
(Attached to ...(3)... No... dated ...month... year... of...)

________

 

Serial number

Name of Contraband/Mean of Violation/Document

Type, Brand, Origin, Registration Number of Contraband/Mean of Violation/Document

Unit of Measurement

Quantity

Condition, Characteristics

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_____________________________________________________________________________

(SIGNATURES OF ALL PARTIES INVOLVED)

 

* This form may be used together with decision forms or minutes when necessary to list related contraband, means of violation, and documents.

(1) Record the name of the agency issuing the decision or creating the minutes in accordance with the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Fully record the type of document; its number, code, date of issuance; the name of the issuing agency and the main document to which the Inventory List is attached as an inseparable part of the main document.

 

 

 

4. Model No. 11. Appendix

..................(1)................
.......................................
________

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

_______________________

No.: …/PL

…(2)..., dated …month… year…

 

ANNEX

(Attached to …(3)…No…dated…month…year…of…)

________

 

…………………………………………………………………………………………

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_____________________________________________________________________________

SIGNATURES OF ALL PARTIES

 

* This form may be used together with decision forms or minutes when necessary to supplement related contents of the decision or minutes.

(1) Record the name of the agency issuing the decision or creating the minutes in accordance with the Government's regulations on archival work.

(2) Record the place name according to the Government's regulations on archival work.

(3) Fully record the type of document; its number, code, date of issuance; the name of the issuing agency and the main document to which the Appendix is attached as an inseparable part of the main document.

 

 

5. Model No. 12. Work Diary

1. Cover and First Page

NAME OF THE DIRECT SUPERVISORY AUTHORITY
NAME OF THE AGENCY/UNIT USING THE DIARY

 

WORK DIARY*

Year: …

(From …to…).

 

Volume No.: ………

2. Content of the Work Diary

........(1)...........
........(2)...........

WORK DIARY*

Month ... Year ...

Book number:........
Page No.:…

 

Date

Number, Code, Date of Issuance of the Document, Decision Assigning Task

Name and Position of Signatory

Name, Badge Number of Civil Servant Performing Task

Content, Object, Location of Task Performance

Time of Task Performance

Results of Task Performance

Confirmation Signature of Unit Leader

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* The Work Diary has a hard cover, printed on A3 landscape paper, font size 14, and stamped across the middle of two pages. The electronic Work Diary on the INS system must ensure automatic entry of information fields in the diary content, except for "volume number" and "page number".

(1) Record the name of the direct superior Market Management agency.

(2) Record the name of the agency or unit using the Work Diary.

 

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[1] Circular No. 45/2025/TT-BCT amending and supplementing certain articles of Circulars issued by the Minister of Industry and Trade in the field of market management is based on the following:

"Based on the Market Management Ordinance dated March 8, 2016;

Based on the Government Decree No. 33/2022/NĐ-CP dated May 27, 2022 detailing certain provisions of the Market Management Ordinance;

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

The Minister of Industry and Trade issues this Circular amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management."

The Minister of Industry and Trade issues this Circular amending and supplementing certain articles of Circulars issued by the Minister of Industry and Trade in the field of market management."

[2] This clause was amended and supplemented pursuant to Clause 1, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain articles of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

[3] The phrase "Director of the Domestic Market Management and Development Department" replaces the phrase "Director of the Market Management General Department" pursuant to Point d, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain articles of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

[4] The phrase "except for decision forms," was added pursuant to Point b, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain articles of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

[5] This clause was amended and supplemented pursuant to Clause 2, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain articles of Circulars issued by the Minister of Industry and Trade in the field of market management, effective from July 15, 2025.

[6] The phrase "General Department of Market Administration" shall be replaced by the phrase "Department of Domestic Market Management and Development" pursuant to Point a, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market administration, which takes effect from July 15, 2025.

[7] The phrase "General Department of Market Administration, Provincial Market Administration Department or Business Affairs Market Administration Department" shall be replaced by the phrase "Department of Domestic Market Management and Development or District Market Administration Department" pursuant to Point c, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market administration, which takes effect from July 15, 2025.

[8] The phrase "General Department of Market Administration, Provincial Market Administration Department or Business Affairs Market Administration Department" shall be replaced by the phrase "Department of Domestic Market Management and Development or District Market Administration Department" pursuant to Point c, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market administration, which takes effect from July 15, 2025.

[9] This clause is amended and supplemented pursuant to Clause 3, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market administration, which takes effect from July 15, 2025.

[10] The phrase "Director of the General Department of Market Administration" shall be replaced by the phrase "Director of the Department of Domestic Market Management and Development" pursuant to Point d, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market administration, which takes effect from July 15, 2025.

[11] The phrase "General Department of Market Administration" shall be replaced by the phrase "Department of Domestic Market Management and Development" pursuant to Point a, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market administration, which takes effect from July 15, 2025.

[12] Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market administration, which takes effect from July 15, 2025, provides as follows:

Article 7. Transitional Provisions

1. Identification numbers and nameplates of civil servants working at market administration agencies at all levels that have been issued before this Circular takes effect shall continue to be used until December 31, 2025, or until the time when the Director of the Department of Domestic Market Management and Development issues replacement identification numbers according to this Circular.

2. Market inspection cards issued to market administration civil servants before this Circular takes effect and still within their validity period shall continue to be used until December 31, 2025, or until the end of their validity period as indicated on the Market Inspection Card if such period ends before December 31, 2025.

3. Inspection plans that have been issued and approved before this Circular takes effect shall continue to be implemented by the Business Affairs Market Administration Department under the Department of Domestic Market Management and Development, District Market Administration Departments under the Department of Industry and Trade of provinces and centrally-administered cities, and Market Administration Teams under the regulations stipulated in Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly regarding the handling of certain issues related to the restructuring of state administrative organizations. In case of amendments or supplements to the 2025 annual inspection plan, the Business Affairs Market Administration Department under the Department of Domestic Market Management and Development, District Market Administration Departments under the Department of Industry and Trade of provinces and centrally-administered cities shall report and propose for approval by the competent authority according to this Circular.

Article 8. Implementation clause

1. This Circular shall take effect from July 15, 2025.

2. Repeal the following Circulars:

a) Circular No. 18/2019/TT-BCT dated September 30, 2019 of the Minister of Industry and Trade stipulating the activities of civil service of the Market Administration Force;

b) Circular No. 20/2019/TT-BCT dated October 30, 2019 of the Minister of Industry and Trade stipulating internal inspections of compliance with laws in the activities of civil service of the Market Administration Force;

c) Circular No. 54/2020/TT-BCT dated December 31, 2020 of the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 18/2019/TT-BCT dated September 30, 2019 of the Minister of Industry and Trade stipulating the activities of civil service of the Market Administration Force and Circular No. 20/2019/TT-BCT dated October 30, 2019 of the Minister of Industry and Trade stipulating internal inspections of compliance with laws in the activities of civil service of the Market Administration Force.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced by new legal normative documents, the new legal normative documents shall apply.

4. Provincial People's Committees, centrally-administered city People's Committees, Department of Domestic Market Management and Development, District Market Administration Departments of provinces and centrally-administered cities, and other relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

[13] The phrase "General Department of Market Administration" shall be replaced by the phrase "Department of Domestic Market Management and Development" pursuant to Point a, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market administration, which takes effect from July 15, 2025.

[14] The phrase "Inspector General of the Ministry" shall be abolished pursuant to Point d, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market administration, which takes effect from July 15, 2025.

[15] The phrase "Director General of the Market Management General Department" shall be replaced by the phrase "Director of the Domestic Market Management and Development Department" pursuant to Point d, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

[16] The phrase "Market Management General Department" shall be replaced by the phrase "Domestic Market Management and Development Department" pursuant to Point a, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

[17] The annexed form used in inspection activities and the implementation of business measures by the Market Management force, promulgated together with Circular No. 22/2021/TT-BCT on the management and use of forms in inspection activities, administrative violation handling, and the implementation of business measures by the Market Management force, shall be replaced by Annex No. 6 promulgated together with Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, pursuant to Point e, Clause 4, Article 3 of Circular No. 45/2025/TT-BCT amending and supplementing certain provisions of Circulars issued by the Minister of Industry and Trade in the field of market management, which takes effect from July 15, 2025.

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