Circular No. 34/2014/TT-BCT on coordination work among market management agencies at all levels in inspection activities and administrative violation handling

CIRCULAR

Article 24Regulations on coordination work between market management agencies

 at all levels in inspection activities and administrative violation handling

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

Pursuant to the Law on Handling Administrative Violations 2012;

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

Pursuant to Decision No. 65/2010/QĐ-TTg dated October 25, 2010 of the Prime Minister promulgating the Regulation on responsibilities and coordination activities among state management agencies in anti-smuggling, anti-counterfeiting, and anti-commercial fraud work;

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

The Minister of Industry and Trade issues this Circular regulating coordination work between market management agencies at all levels in inspection activities and administrative violation handling.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, methods, authority, procedures for requesting coordination, and specific contents of coordination between market management agencies at all levels in inspection activities and administrative violation handling.

Article 2. Applicability

1. Market management agencies at all levels include the Market Management Department under the Ministry of Industry and Trade (hereinafter referred to as the Market Management Department) and Provincial Market Management Agencies under centrally governed cities (hereinafter referred to as Provincial Market Management Agencies).

2. Market management officials working at market management agencies at all levels.

3. Organizations and individuals related to coordination work between market management agencies at all levels in inspection activities and administrative violation handling.

Article 3. Principles of Coordination in Inspection Activities and Administrative Violation Handling

1. Implementing coordination in inspection activities and administrative violation handling is the responsibility and duty of market management agencies at all levels.

2. Coordination must be carried out in accordance with the functions, tasks, and powers assigned to market management agencies; comply with laws and regulations on inspection and administrative violation handling and the provisions of this Circular.

3. Ensure that coordination is conducted smoothly, quickly, effectively, without overlap; promptly detect, prevent, and handle administrative violations as prescribed by law.

4. The coordinating market management agency is primarily responsible for the coordinated inspection or administrative violation handling case; the requested market management agency has the responsibility to closely and promptly coordinate according to the request of the coordinating agency; any difficulties arising during the coordination process must be discussed and resolved based on the functions, tasks, and powers of each agency and in accordance with the law.

5. Contents related to coordination in inspection and administrative violation handling as prescribed by this Circular must be kept confidential in accordance with the law and this Circular.

Chapter II

CONTENTS, METHODS, AUTHORITY

AND PROCEDURES FOR REQUESTING COORDINATION

Article 4. Content of Cooperation

1. Collecting information, surveillance, monitoring to identify violators and exchanging, providing information about violation cases or suspected administrative violations.

2. Implementing inspection decisions made by market management agencies.

3. Applying preventive measures and ensuring administrative violation handling as required by the Market Management Department.

4. Verifying, investigating, collecting evidence and other relevant circumstances to consider administrative violation handling.

5. Handling administrative violations and issuing decisions on administrative violation handling and penalties.

6. Enforcing administrative penalty decisions or other administrative handling decisions as prescribed by law.

Article 5. Methods of coordination

1. Dispatching civil servants to participate in coordination activities.

2. Arranging means, tools, and other equipment to support coordination activities.

3. Allocating funds or temporarily advancing funds to serve coordination activities.

4. Exchanging and agreeing on the content and methods of coordination.

5. Implementing specific coordination requirements.

Article 6. Authority to request coordination

1. The authority to request coordination in market management agencies' inspection and administrative violation handling activities at all levels:

a) The Director of the Market Management Agency or the Deputy Director of the Market Management Agency authorized by the Director to issue decisions on inspections and administrative violation handling in accordance with the law;

b) The Head of the Anti-Smuggling Department, the Head of the Counterfeit Goods Control Department, the Head of the Product Quality Supervision Department under the Market Management Agency or the Deputy Heads of these departments authorized by the Head to issue decisions on inspections and administrative violation handling in accordance with the law;

c) The Director of the Market Management Branch or the Deputy Director of the Market Management Branch authorized by the Director to issue decisions on inspections and administrative violation handling in accordance with the law.

2. Based on the requirements of inspection and administrative violation handling activities, the person with the authority specified in Clause 1 of this Article shall decide on the specific content and methods of coordination according to the provisions of this Circular; they shall be responsible before the superior market management agency's head and the law for the coordination requests they decide.

Article 7. Procedures for requesting coordination

1. Coordination requests in market management agencies' inspection and administrative violation handling activities at all levels must be in writing by the person with the authority specified in Clause 1 of Article 6 of this Circular.

2. The coordination request document must include the following main contents:

a) Name of the agency requested to coordinate;

b) Content of the coordination request;

c) Method of coordination;

d) Time to implement the coordination request;

đ) Other related requirements concerning the coordination content;

e) Full name, position, signature of the person with the authority to request coordination.

3. In cases where coordination requires confidentiality, the coordination request document must be stamped "confidential" when issued and clearly marked "confidential" on the envelope.

4. Except for the case stipulated in Clause 5 of this Article, the sending, receiving, and processing of coordination request documents shall be carried out as follows:

a) The coordination request document must be sent to the agency requested to coordinate at least seven working days before the coordination date;

b) Upon receipt of the coordination request document, the head of the market management agency requested to coordinate shall immediately handle the content of the coordination request and organize the implementation of the coordination requirements of the market management agency that has issued the coordination request;

c) If there is evidence that the coordination request does not comply with the law or an unforeseeable event occurs, the head of the market management agency requested to coordinate may refuse to implement the coordination request and bear responsibility before the law for such refusal. The refusal must be immediately notified by telephone to the head of the market management agency making the coordination request and by written notice specifying the grounds and reasons for refusal at least two days prior to the coordination date.

5. For coordination specified in Clauses 3 and 4 of Article 10 and Article 11 of this Circular, the sending, receiving, and processing of coordination request documents shall be carried out as follows:

a) The coordination request document must be notified by telephone by the person with the authority to request coordination to the head of the agency requested to coordinate and directly delivered to the agency requested to coordinate as soon as possible after issuance;

b) Upon receipt of the coordination request document, the head of the market management agency requested to coordinate shall immediately handle the content of the coordination request and organize the implementation of the coordination requirements of the market management agency that has issued the coordination request;

c) If there is evidence that the coordination request does not comply with the law or an unforeseeable event occurs, the head of the market management agency requested to coordinate may refuse to implement the coordination request and bear responsibility before the law for such refusal. The refusal must be immediately notified by telephone to the head of the market management agency making the coordination request and by written notice specifying the grounds and reasons for refusal within the latest two days from the refusal date.

Article 8. Notification of Cooperation Results

Upon completion of the joint inspection and administrative violation handling process, the leading market management agency must notify in writing the results of the joint inspection and administrative violation handling to the requested cooperating market management agencies.

Chapter III

CONTENT OF COOPERATION

Article 9. Cooperation in Collecting Information, Surveillance, Monitoring Violators, and Exchanging Information on Administrative Violations

1. Based on specific requirements and according to the functions, tasks, and authorities of market management as prescribed by law, market management agencies at all levels shall cooperate in collecting information, conducting surveillance, monitoring violators, and exchanging information on administrative violations or suspected administrative violations.

2. The cooperation in collecting information, conducting surveillance, monitoring violators, and exchanging information on administrative violations or suspected administrative violations includes the following contents:

a) Organizing the collection of information on market conditions, compliance with laws, law violations, trends, patterns, and methods of operation of entities committing law violations within their jurisdiction.

b) Organizing surveillance and monitoring organizations, networks, groups, key routes, and areas related to the production, transportation, and sale of smuggled goods, counterfeit goods, and other fraudulent trade activities to identify entities committing or suspected of committing law violations;

c) Exchanging and providing information on administrative violations or suspected administrative violations occurring within the local jurisdiction or elsewhere for inspection, handling, or directing inspections and handling.

Article 10. Cooperation in Implementing Inspection Decisions of Market Management Agencies

1. Based on approved plans or urgent inspection requests for specific cases, market management agencies at all levels organize cooperation in implementing inspection decisions as follows:

a) The General Department of Market Management issues an inspection decision and requests the Market Management Branch where the inspection will be conducted to participate in the implementation of the inspection;

b) The Market Management Branch issues an inspection decision within its jurisdiction and requests the General Department of Market Management to participate in the implementation of the inspection;

c) The market management agency issuing the inspection decision is the leading agency for the inspection case.

2. The cooperation in implementing inspection decisions of market management agencies includes the following contents:

a) Implementing the inspection plan or scheme of the leading market management agency against the inspected entity;

b) Organizing forces and arranging means to support the specialized expertise to implement the inspection decision of the leading market management agency;

c) Directing authorized persons to issue and organize the implementation of decisions to apply preventive measures and ensure the handling of administrative violations according to the law when necessary;

d) Preparing inspection records and administrative violation records according to the law for the inspection case.

3. During the implementation of the inspection decision of the General Department of Market Management, if it is necessary to issue a decision to apply preventive measures and ensure the handling of administrative violations according to the law, the cooperation is implemented as follows:

a) Based on the circumstances of the ongoing inspection, the authorized persons requesting cooperation from the General Department of Market Management have the right to immediately request the Market Management Branch to direct the authorized persons to issue and organize the implementation of decisions to inspect individuals, transport vehicles, items, and places hiding contraband according to administrative procedures (referred to as inspections) as prescribed by law;

b) Based on the inspection results, the person issuing the inspection decision prepares the inspection record and immediately transfers the inspection case file to the General Department of Market Management to continue handling according to the law;

c) Based on the inspection results and inspection results, the authorized person of the General Department of Market Management issues a decision to temporarily seize contraband, means of transport, and documents according to administrative procedures when necessary and organizes the temporary seizure according to the law.

4. In cases where immediate inspections need to be organized according to the law, the cooperation is implemented as follows:

a) Based on the circumstances requiring immediate inspection, the authorized persons requesting cooperation from the market management agency that has issued the inspection decision have the right to immediately request the market management agency to cooperate according to point a and b of Clause 1 of this Article;

b) Based on the cooperation request, the cooperating market management agency must immediately direct and organize the cooperation according to the regulations.

Article 11. Coordination in applying preventive measures and ensuring administrative violation handling as requested by the Market Management Agency

1. Based on verified and investigated information or in cases where it is necessary to immediately issue inspection decisions in accordance with the law, those authorized persons requesting coordination from the Market Management Agency have the right to immediately request the Market Management Branch to coordinate in directing the issuance and organization of implementation of inspection decisions in accordance with the law.

2. The coordination in implementing decisions on applying preventive measures and ensuring administrative violation handling includes the following contents:

a) Building and organizing the implementation of inspection plans by the leading agency;

b) Providing professional support when implementing decisions on applying preventive measures and ensuring administrative violation handling;

c) Organizing forces and arranging means for coordination to implement decisions on applying preventive measures and ensuring administrative violation handling.

3. The Market Management Branch is the leading agency, and the Market Management Agency is the coordinating unit in implementing decisions on applying preventive measures and ensuring administrative violation handling.

Article 12. Coordination in verifying, investigating, collecting evidence and other circumstances to consider administrative violation handling

1. Based on the circumstances of the case being inspected or processed according to regulations, market management agencies at all levels shall coordinate in verifying and investigating administrative violation cases.

2. The coordination in verifying and investigating cases includes the following contents:

a) Verifying, investigating, and processing information about acts of violating laws or signs of violating laws as the basis for issuing inspection decisions or applying administrative violation prevention measures in accordance with the law;

b) Verifying, investigating, collecting, and supplementing materials and evidence proving violations of laws as the basis for handling and administrative violation handling.

3. The market management agency conducting the inspection is the leading agency and sends requests for coordination to related market management agencies to participate in the verification and investigation process.

4. In cases where local market management agencies need to coordinate with the Market Management Agency to conduct verifications and investigations involving multiple areas or regions, the coordination shall be carried out as follows:

a) Based on the request of the market management agency inspecting or handling the case, the Market Management Agency leads in sending coordination requests to related market management agencies to participate in the coordination;

b) The market management agency requested to coordinate implements the coordination content as prescribed;

c) The results of the coordination in verifying and investigating the case are reported in writing to the Market Management Agency to direct the inspection and handling and notify the local market management agency that requested coordination.

Article 13. Coordination in handling administrative violations and issuing decisions on handling and administrative penalties

1. The leading market management agency stipulated in Articles 9 and 10 of this Circular is responsible for handling administrative violations and issuing decisions related to handling administrative violation cases.

2. In cases where the administrative violation handling authority of the Market Management Branch Head exceeds the provisions of Article 10 of this Circular, the case file shall be transferred to the Market Management Agency for handling administrative violations and issuing decisions related to handling administrative violation cases.

3. During the handling process, the market management agency responsible for handling administrative violations and issuing decisions related to handling administrative violation cases actively exchanges information and unifies handling measures with the coordinating market management agency within their authority and in accordance with the law. If there are differing opinions on the handling policy or form, they shall be implemented according to the directive of the Market Management Agency Director.

Article 14. Coordination in implementing administrative penalty decisions or other administrative handling decisions as prescribed by law

1. Based on the content of administrative penalty decisions or other administrative handling decisions and in accordance with the provisions of law, market management agencies at all levels shall organize coordination to implement administrative penalty decisions or other administrative handling decisions issued by market management agencies.

2. The coordination in implementing administrative penalty decisions or other administrative handling decisions of market management agencies includes the following contents:

a) Implementing the sending and receiving of administrative penalty decisions or other administrative handling decisions for implementation in accordance with the Administrative Violation Handling Law 2012;

b) Dispatching staff to urge, monitor, and supervise the implementation of administrative penalty decisions or other administrative handling decisions;

c) Coordinating in carrying out procedures for confiscating contraband items or means of administrative violations or returning contraband items, means, and temporarily detained documents according to administrative procedures;

d) Coordinating in examining and resolving complaints or lawsuits related to inspection and administrative violation handling if any.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Funding for Implementation

The funds for coordinating work in inspection and administrative violation handling activities between market management agencies at all levels shall be allocated from the state budget within the annual inspection and administrative violation handling expenditure budget of each level of market management agency as prescribed by law.

Article 16. Effective Date

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

2. This Circular replaces Decision No. 0471/1998/QĐ-BTM dated April 20, 1998 of the Minister of Trade on issuing the Regulation on Coordination of Work among Provincial and Central City Market Management Branches.

Article 17. Implementation Organization

1. The Director of the Market Management Agency is responsible for:

a) Promulgating, disseminating, and organizing the implementation of this Circular for agencies and officials under the market management force;

b) Monitoring, urging, guiding, and inspecting provincial market management branches in organizing the implementation of this Circular;

c) Periodically summarizing, evaluating, drawing lessons; reporting the implementation situation of this Circular as prescribed; proposing to the Minister of Industry and Trade amendments and supplements to this Circular when necessary;

d) Resolving complaints and denunciations related to coordination in inspection and administrative violation handling activities conducted by the Market Management Agency in accordance with the law.

2. The Director of the Department of Industry and Trade is responsible for monitoring, urging, and inspecting provincial market management branches in implementing this Circular.

3. The Director of the Provincial Market Management Branch is responsible for:

a) Promulgating, disseminating, and organizing the implementation of this Circular for subordinate units and officials of the Provincial Market Management Branch; monitoring, urging, guiding, and inspecting local market management forces in organizing the implementation of this Circular;

b) Formulating specific plans for coordination work based on the content, requirements, timeframes, and specific conditions of each locality, regularly evaluating and drawing lessons from coordination work;

c) Summarizing and reporting the results of coordination and the implementation situation of this Circular to the Director of the Market Management Agency as prescribed;

d) Promptly reflecting difficulties and obstacles arising during the implementation of this Circular to the Market Management Agency and the Ministry of Industry and Trade, and proposing necessary amendments and supplements./.