Circular No. 35/2018/TT-BCT stipulates the contents, procedures, and formalities for the activities of inspection, administrative violation handling, and business practices of the Market Management Force.

 

 

 

CIRCULAR

REGULATION stipulating the contents, procedures, and formalities

for inspection activities, administrative violation handling

and business measures of Market Management forces

 

 

 

 

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

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

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

Pursuant to Decree No. 148/2016/NĐ-CP dated November 4, 2016 of the Government detailing implementation of certain provisions of the Ordinance on Market Management;

Pursuant to Decision No. 34/2018/QĐ-TTg dated August 10, 2018 of the Prime Minister stipulating functions, tasks, powers, and organizational structure of the General Department of Market Management;

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

The Minister of Industry and Trade promulgates this Circular stipulating the contents, procedures, and formalities for inspection activities, administrative violation handling, and business measures of Market Management forces.

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

1. This Circular stipulates the contents, procedures, and formalities for inspection activities, administrative violation handling, and business measures of Market Management forces including:

a) Building, issuing, or approving inspection plans;

b) Receiving and processing information about acts of law violations or signs of law violations;

c) Inspection authority, procedures, formalities, administrative violation handling, and implementation of business measures.

2. Inspection activities, administrative violation handling by market management agencies and units in the field of intellectual property shall be carried out in accordance with laws on intellectual property and the provisions of this Circular.

Article 2. Applicability

1. Agencies, units, market management officials.

2. Other agencies, organizations, individuals related to business measures and specialized inspection and administrative violation handling activities of market management forces.

Article 3. General Principles

Implementation of business measures; inspection activities; administrative procedure searches of persons, vehicles, objects, and places where contraband is hidden (hereinafter referred to as searches); administrative violation handling must comply with the functions, tasks, and powers of market management forces, adhere to the provisions of the Ordinance on Market Management, laws on inspection and administrative violation handling, and the provisions of this Circular.

Application of business measures, inspection activities, and administrative violation handling must have grounds, ensure objectivity, accuracy, transparency, non-discrimination; create a favorable environment for economic development and social security.

Implementation of business measures, inspection activities, and administrative violation handling must comply with the regulations on public service activities of market management forces and use the correct forms of records and decisions as prescribed.

Activities of market management forces stipulated in Chapters IV and V of this Circular shall be conducted in the form of Inspection Teams as provided for in Article 23 of the Ordinance on Market Management, except for cases implementing business measures as provided for in Chapter VI of this Circular.

 

Chapter II

BUILDING, APPROVING, ISSUING

INSPECTION PLANS

         

Article 4. Inspection Plan

1. The inspection plan of the General Department of Market Administration (hereinafter referred to as the General Department), the Business Management Department of Market Administration (hereinafter referred to as the Business Management Department) and the Provincial Market Administration Department, the Inter-provincial Market Administration Department (hereinafter referred to as the Provincial Department) includes:

a) Regular plan is the inspection plan built in the previous year for implementation during the following annual cycle;

b) Special topic plan is the inspection plan according to the inspected object, product or field, inspection area that is built and organized for implementation at specific times within the year.

2. The inspection plan as prescribed in Clause 1 of this Article must include the following main contents:

a) Basis for issuing the inspection plan;

b) Purpose and requirements of the inspection;

c) A specific list of names and addresses of organizations, individuals or business locations to be inspected according to the plan, except in cases where the regular plan of the General Department of Market Administration has a general orientation regarding the group of inspected objects, products or fields, inspection areas;

d) Contents of inspection;

đ) Assignment of tasks to agencies and units implementing the inspection plan, including agencies and units responsible for supervising and inspecting the implementation;

e) Estimated time for implementing the plan; estimated number of organizations and individuals to be inspected specifically per week or month for each unit;

g) Estimated composition of inspection forces, including coordination with other state agencies for inspection (if applicable);

h) Estimated budget, means and other conditions serving inspection;

i) Reporting system.

3. In case of discovering overlapping or duplicate inspection plans concerning the inspected objects, market management agencies currently building or conducting inspections according to the plan must immediately report to the superior authority head and relevant agencies to take appropriate measures to avoid overlap and duplication and ensure continuity in activities among market management agencies.

4. The General Department Director of the General Department of Market Administration (hereinafter referred to as the General Department Director) is responsible for supervising the implementation of inspection plans by market management agencies to promptly identify and address overlaps and duplications in scope, objects, content, and time of inspection; examining and handling responsibility of agencies, units, and individuals causing such overlaps and duplications in the implementation of inspection plans.

Article 5. Building, Approving or Issuing the Inspection Plan of the General Department of Market Administration case

1. The process of building and approving regular plans is as follows:

a) Based on market conditions, market management requirements or according to written directives from the Government, Prime Minister, Minister of Industry and Trade or competent superiors, the General Department of Market Administration is responsible for building the General Department's regular plan for the next year to be submitted to the Minister of Industry and Trade for approval before November 30th annually and organizing its implementation;

b) After being approved by the Minister, the regular plan must be sent to the Inspectorate of the Ministry of Industry and Trade, relevant agencies for information and cooperation; sent to the Business Management Department, Provincial Departments for implementation; publicly posted at the agency headquarters and published on the General Department of Market Administration’s website.

2. At the end of the regular inspection plan implementation period or upon urgent request, the General Department of Market Administration is responsible for summarizing and reporting the inspection results to the Minister of Industry and Trade in writing. The report must clearly state reasons, causes, specific responsibilities in cases where the inspection plan has incomplete content and any recommendations or suggestions if applicable.

3. The report on the implementation of the General Department's regular plan must be submitted to the Minister of Industry and Trade before November 20th annually.

4. In cases where it is necessary to supplement or amend the content of the approved regular plan, the General Department of Market Administration reports and submits to the Minister of Industry and Trade for issuing a decision to adjust the content of the regular plan.

Article 6. Construction Approval or issuance of inspection plans of the Business Management Department, Provincial Departments

1. The process of building and approving regular plans is as follows:

a) Based on market conditions, market management requirements in the region and the approved regular inspection plan of the General Department of Market Administration, the Business Management Department and Provincial Departments require subordinate units to review, compile, and propose a specific list of names and addresses of organizations, individuals, or business locations to be inspected according to the plan before December 10th annually;

b) Based on the contents stipulated in point a of this clause, the Business Management Department Director, Provincial Department Director (hereinafter referred to as the Director) builds and submits to the General Department Director for consideration and approval of their unit's regular inspection plan before December 20th annually. The submission file includes: a proposal to the General Department Director requesting approval of the regular plan and a draft of the regular plan of the Business Management Department or Provincial Department;

c) Based on the approval document of the General Department Director, the Director issues a decision to issue their unit's regular plan for the next year before December 31st annually;

d) After being issued, the regular plan must be sent to the provincial People's Committee, relevant agencies for information, guidance, and cooperation; sent to the General Department Director for reporting and monitoring the implementation; sent to subordinate Market Management Teams for implementation organization; publicly posted at the agency headquarters and published on the agency’s website (if applicable); sent to related Provincial Departments for information, guidance, and cooperation in cases of the Business Management Department's regular plan.

2. The process of building and issuing special topic plans is as follows:

a) Based on the situation of market developments arising issues, sectors, contents, areas that need to be focused on for inspection and prevention at local levels during specific periods or according to written directives from the Government, the Prime Minister, the Minister of Industry and Trade, the Director General, the People's Committee of the province or higher authorities with jurisdiction, the Director requests subordinate units to review, compile, and propose a specific list of names and addresses of organizations, individuals, or business locations to be inspected under specialized topics;

b) Based on the contents stipulated in point a of this clause, the Director proactively develops and decides to issue specialized inspection plans;

After being issued, the specialized inspection plan must be sent to the provincial People's Committee, relevant agencies and units for their knowledge, direction, and coordination; sent to subordinate Market Management Teams for implementation; sent to the Director General for reporting and monitoring the implementation; publicly posted at the agency's headquarters and published on the agency’s website (if available); sent to related provincial-level bureaus for their knowledge, direction, and coordination in cases where the specialized inspection plan pertains to the bureau's operations;

3. The inspection plan of the specialized bureau and provincial-level bureau shall be sent to the inspected individual or organization in accordance with Article 20, Clause 1 of the Market Management Ordinance;

4. Upon completion of the inspection plan period or upon urgent request, the specialized bureau and provincial-level bureau have the responsibility to compile and report in writing to the Director General on the inspection results according to the plan. The report must clearly state the reasons, causes, and specific responsibilities in cases where the inspection plan has incomplete content and any recommendations or suggestions (if applicable);

5. The annual periodic implementation report of the specialized bureau and provincial-level bureau must be submitted to the Director General before November 10 each year;

6. In cases where it is necessary to supplement or amend the content of the approved periodic plan, the specialized bureau or provincial-level bureau must report and submit for the Director General's consideration and approval regarding the adjustment of the periodic plan content;

Article 7. Implementation of Inspection Plans

1. Based on the functions and tasks assigned in the issued inspection plan, the Head of the Market Management Team has the responsibility to:

a) Issue or propose to the authorized authority to issue the Decision on Inspection of Compliance with Laws in Production and Business of Goods and Services (hereinafter referred to as the inspection decision) for inspected organizations and individuals according to the plan;

b) Organize, direct, and manage the inspection according to the inspection plan;

c) Compile and report in writing to the immediate superior Director General on the inspection results according to the plan when the inspection plan period ends or upon urgent request. The report must clearly state the reasons, causes, and specific responsibilities in cases where the inspection plan has incomplete content and any recommendations or suggestions if applicable;

d) Report to the immediate superior Director General on the completed periodic inspection results before November 1 each year;

2. In cases where market developments within the assigned management area give rise to issues within the Market Management authority that require immediate inspection and are not covered by the issued inspection plans, the Head of the Market Management Team shall proactively develop a specialized inspection plan, submit it for approval by the immediate superior Director General, and organize its implementation as follows:

a) The content of the specialized inspection plan shall be carried out in accordance with points a, b, c, d, e, g, h, and i of Clause 2, Article 4 of this Circular;

b) Within five working days from receiving the draft plan, the immediate superior Director General shall be responsible for reviewing and approving the specialized inspection plan of the Market Management Team;

c) Based on the approval document from the immediate superior Director General, the Head of the Market Management Team shall issue the specialized inspection plan, send it to the district People's Committee, relevant agencies and units for their knowledge, direction, and coordination; send it to the immediate superior Director General for reporting and monitoring the implementation; send it to the inspected individuals and organizations as prescribed;

d) Implement the issued specialized inspection plan and report on its implementation as stipulated in point c of Clause 1 of this Article;

3. In cases where it is necessary to supplement or amend the content of the issued inspection plan, the Market Management Teams must report and propose to the immediate superior Director General for consideration and direction regarding issuing a decision to adjust the inspection plan content to suit the actual inspection needs;

 

Chapter III

RECEIVING AND PROCESSING INFORMATION AND

DEVELOPING URGENT INSPECTION PLANS

         

Article 8. Information on acts of law violation or signs of law violation for surprise inspection

1. Information on acts of law violation or signs of law violation includes:

a) Documents from the Government, the Prime Minister, the Minister of Industry and Trade, People's Committees at all levels, General Directors, Directors requesting inspections of specific organizations or individuals;

b) Written proposals for inspection based on sufficient grounds regarding administrative violations or signs of administrative violations of market management officials responsible for implementing business measures as stipulated in Articles 37, 38, and 39 of this Circular;

c) Information received when there are grounds to believe that if immediate inspection is not conducted, the violating organization or individual will abscond, the evidence or means of administrative violation may be dispersed, destroyed, or to prevent and limit the timely consequences caused by the act of law violation (hereinafter referred to as urgent cases);

d) Information from reports of officials assigned to implement business measures or from reports on the results of administrative violation inspections but deemed insufficient grounds to propose inspection;

đ) Documents from market management agencies or units transferring information they have received but deemed insufficient grounds to conduct inspection;

e) Information from requests or proposals for inspection from other competent authorities not covered under point a of this clause;

g) Information from complaints requesting administrative violation handling from organizations or individuals or consumer complaints about acts of law violation or signs of law violation;

h) Information from mass media or non-written reports from organizations or individuals about acts of law violation or signs of law violation.

2. The types of information specified in points a, b, and c of Clause 1 of this Article serve as grounds for considering and deciding immediate inspection.

3. The types of information specified in points d, đ, e, g, and h of Clause 1 of this Article must be collected, verified, and investigated before considering and deciding on inspection.

Article 9. Receiving and Processing Information

1. Officials receiving the information as prescribed in Article 8 of this Circular must immediately report to their direct superiors to process the received information. Reporting must be in writing for information falling under the provisions of point h of Clause 1 of Article 8 of this Circular.

2. In cases where information as prescribed in Clause 2 of Article 8 of this Circular is received, the head of the market management agency or unit with authority to issue inspection decisions shall handle it as follows:

a) Directly or delegate the issuance of plans for inspecting compliance with laws in production and business of goods and services (referred to as inspection plans), issue inspection decisions within their jurisdiction, area, or field according to the law and this Circular, and immediately organize implementation;

b) The person issuing the inspection decision is responsible for reviewing and evaluating the information received in urgent cases to ensure sufficient grounds proving the violation of organizations or individuals before implementing the provisions of Clause 1 of Article 13 of this Circular.

3. In cases where information as prescribed in Clause 3 of Article 8 of this Circular is received or when it is determined that the proposal for inspection as prescribed in Clause 1 of Article 12 of this Circular lacks sufficient grounds for inspection, the head of the market management agency or unit with authority to issue inspection decisions shall immediately assign market management officials to implement business measures to collect, verify, and investigate information as stipulated in Article 38 of this Circular.

4. In cases where the head of the market management agency or unit receives information without the authority to issue inspection decisions or outside their jurisdictional area or field, the following actions shall be taken:

a) Immediately transfer the received information in writing to the head of the market management agency or unit with authority to issue inspection decisions within their jurisdictional area or field for processing according to the provisions of Clauses 2 and 3 of this Article;

b) The document must be addressed to the head of the superior market management agency or unit directly overseeing both parties involved in the transfer and receipt of information to be informed and monitor the implementation.

Article 10. Report on the Results of Examination and Verification of Information

1. The market management officials assigned to perform the tasks of collecting, examining, and verifying information under Clause 3 of Article 9 of this Circular shall be responsible for:

a) Immediately conducting examination and verification of information in accordance with the instructions of the person assigning the task;

b) Reporting the results of examination and verification of information in writing to the person assigning the task for consideration and handling of the results of examination and verification in accordance with Article 11 of this Circular.

2. The report on the results of examination and verification of information prescribed in point b of Clause 1 of this Article must include the following main contents:

a) Name, position, and unit of the person conducting the examination and verification;

b) Name and address of the organization, individual, or location subject to examination and verification;

c) Time of examination and verification;

d) Content assigned for examination and verification, and clearly recording the results of examination and verification according to each content;

đ) Suggestions and recommendations of the person conducting the examination and verification. In cases where there are violations of laws or signs of violation of laws, the suggestion section must include the following contents: name and address of the individual, organization, or location proposed for inspection; content of the proposed inspection; time of the proposed inspection; anticipated violation; anticipated number and composition of members of the inspection team; anticipated number of people assisting the inspection team if necessary; anticipated situations that may arise and measures to handle them including the application of preventive measures if necessary;

e) Name and signature of the reporter.

Article 11. Handling the Results of Examination and Verification of Information 1. The head of the market management agency or unit authorized to issue inspection decisions must review and evaluate the results of examination and verification of information immediately upon receipt of the report on the results of examination and verification from the market management officials.

2. The head of the market management agency or unit authorized to issue inspection decisions must notify in writing the organizations or individuals who provided information under points đ, e, and g of Clause 1 of Article 8 of this Circular about the results of examination and verification within three working days in cases where the results of examination and verification of information do not reveal any violations of laws or signs of violation of laws by organizations or individuals.

3. The head of the market management agency or unit authorized to issue inspection decisions must consider and decide to conduct inspections as prescribed in point a of Clause 2 or Clause 4 of Article 9 of this Circular in cases where the results of examination and verification of information reveal violations of laws or signs of violation of laws by organizations or individuals.

Article 12. Inspection Proposal

1. While performing business measures, if violations of laws or signs of violation of laws are discovered, the market management officials must propose inspections to the head of the market management agency or unit authorized to issue inspection decisions.

2. The inspection proposal prescribed in Clause 1 of this Article must be in writing and include the following main contents:

a) Name, position, and unit of the person proposing the inspection;

b) Basis for the inspection proposal;

c) Name and address of the individual, organization, or location proposed for inspection;

d) Content of the inspection proposal;

đ) Time of the proposed inspection;

e) Anticipated violation;

g) Anticipated number and composition of members of the inspection team, and the number of people assisting the inspection team if necessary;

h) Anticipated situations that may arise and measures to handle them including the application of preventive measures if necessary;

i) Name and signature of the person proposing the inspection.

3. Market management officials proposing inspections are responsible before the authority issuing inspection decisions and the law regarding the content of the Inspection Proposal.

3. Civil Servants of Market Management propose inspection and are responsible before the authority issuing the inspection decision and before the law regarding the content of the Inspection Proposal.

Article 13. Inspection Plan

1. Prior to issuing an inspection decision, the person authorized to issue the inspection decision or delegated such authority must issue an inspection plan to ensure that the inspection complies with the law and achieves results, except for inspections conducted according to the inspection plan and urgent cases as specified in point c, Clause 1, Article 8 of this Circular.

2. The inspection plan prescribed in Clause 1 of this Article shall include the following main contents:

a) Basis for developing the inspection plan;

b) Name and address of the organization, individual, or location to be inspected;

c) Content of the inspection;

d) Anticipated start and end times of the inspection;

đ) Anticipated administrative violations and applicable regulatory documents;

e) Anticipated situations arising during the inspection and measures to handle them, including the application of preventive measures if necessary;

g) Composition of the Inspection Team, including cooperating agencies if any, list of participants in the Inspection Team, and those assisting the Inspection Team when necessary;

h) Anticipated means and conditions for serving the inspection if any;

i) Full name, signature, and seal of the person issuing the plan.

3. The person issuing the inspection plan is responsible for directing and supervising the implementation of the inspection plan by the Inspection Team.

 

Chapter IV

PROCEDURE FOR INSPECTION AND

HANDLING OF ADMINISTRATIVE VIOLATION CASES

 

Article 14. Issuance of Inspection Decision 1. Inspections must be based on a written decision by the competent authority. Except for urgent cases as specified in point c, Clause 1, Article 8 of this Circular, the competent authority issuing the inspection decision may only issue the inspection decision when there is an inspection plan or inspection plan as prescribed.

2. The content of the inspection decision must meet the following requirements:

a) Within the scope of inspection as stipulated in Article 17 of the Market Management Ordinance;

b) Within the jurisdiction, territory, or field of inspection assigned;

c) In accordance with the objects and content of the inspection recorded in the inspection plan or inspection plan established, approved, or issued as prescribed in this Circular;

d) Consistent with information about administrative violations received in urgent cases as specified in point c, Clause 1, Article 8 of this Circular.

3. The decision to establish an Inspection Team as prescribed in Clause 1, Article 23 of the Market Management Ordinance shall be reflected in the content of the inspection decision.

Article 15. Responsibilities of the Person Issuing the Inspection Decision

1. Directly or delegate a market management officer meeting the criteria to serve as the Head of the Inspection Team to implement the inspection decision and comply with the provisions of Article 26 of the Market Management Ordinance.

2. Directly or instruct the Head of the Inspection Team to clearly record the full names, identification badges of the members of the Inspection Team, and the inspection content in the work logbook of the market management agency or unit before implementing the inspection decision.

Article 16. Composition of the Inspection Team and Persons Assisting the Inspection Team

1. The composition of the Inspection Team includes:

a) The Head of the Inspection Team is a market management officer meeting the requirements set out in point b of this clause and holding a valid Market Inspection Card;

b) Members of the Inspection Team are market management officers meeting the requirements set out in Clauses 2 and 3 of Article 23 of the Market Management Ordinance;

c) Personnel from other competent authorities with jurisdiction who are assigned to participate in coordination for inspections involving the professional management functions of multiple sectors and fields as specified in Clause 2 of Article 36 of the Market Management Ordinance.

2. When necessary, the person issuing the inspection decision assigns personnel under their jurisdiction to assist the Inspection Team. Those assigned to assist the Inspection Team are responsible for performing tasks as directed by the Head of the Inspection Team and shall not directly participate in activities related to professional inspection and administrative violation handling.

3. The list of persons assisting the Inspection Team and those from other competent authorities assigned to coordinate is reflected in the inspection decision.

4. In the event that the Head of the Inspection Team as specified in point a, Clause 1 of this Article suddenly suffers an accident, death, disappearance, loss of capacity, suspension of duty, or due to other objective reasons leading to inability to continue conducting inspections and handling administrative violations, the person issuing the inspection decision shall handle it as follows:

a) If the inspection decision is being implemented at the inspection site, the person issuing the inspection decision shall follow the provisions of Article 18 of this Circular to change the Head of the Inspection Team;

b) If the inspection report has already been completed or the case is proceeding according to the search decision, the person issuing the inspection decision or the search decision shall issue a replacement decision for the Head of the Inspection Team;

c) If the head of the agency or unit is also the Head of the Inspection Team, the person appointed to replace or the person designated to manage the market management agency or unit that issued the inspection decision or search decision shall issue a replacement decision for the Head of the Inspection Team.

c) In the case where the head of the agency or unit is simultaneously the Head of the Inspection Team, the person appointed to replace or the person assigned to manage the Market Management agency or unit that issued the inspection decision shall issue a decision to replace the Head of the Inspection Team.

Article 17. Implementation of inspection decisions

1. Inspection decisions shall be implemented in accordance with the provisions of Clause 3, Article 19 of the Market Management Ordinance.

2. When commencing the inspection, the Head of the Inspection Team must carry out the following procedures:

a) Present the Market Inspection Card and announce the inspection decision to the inspected organization, individual, or their representative.

b) Inform the inspected organization, individual, or their representative about the composition of the Inspection Team, the persons assisting the Inspection Team, and the witness if any.

c) Require the inspected organization, individual, or their representative to comply with the inspection decision of the competent authority and work with the Inspection Team.

d) In cases where the inspected organization or individual does not have a representative or the individual is not present at the inspection location, the Inspection Team shall announce the inspection decision before the representative of the People's Committee or the representative of the police station of the commune and the witness. The Inspection Team shall conduct the inspection in accordance with the provisions of Point a, Clause 2, Article 24 of the Market Management Ordinance.

3. The tasks and powers of the Inspection Team, the responsibilities of the Head of the Inspection Team, and members of the Inspection Team shall be carried out in accordance with the provisions of Articles 24 and 25 of the Market Management Ordinance.

4. The rights and responsibilities of the inspected organizations and individuals shall be implemented in accordance with the provisions of Articles 30 and 31 of the Market Management Ordinance.

Article 18. Handling situations arising during the implementation of inspection decisions at the inspection site

1. Situations arising during the implementation of inspection decisions:

a) When discovering that the inspected organization or individual has committed violations of the law or there are signs of such violations outside the scope of the inspection recorded in the inspection decision, it is necessary to conduct further inspections to clarify the situation.

b) Changes in the inspection deadline.

c) Changes in the Head of the Inspection Team or members of the Inspection Team.

2. Procedures and formalities for handling arising contents as follows:

a) The Inspection Team must submit a written report, message, or email proposing the issuer of the inspection decision to amend or supplement specific contents in the issued inspection decision.

b) Reports and decisions to amend or supplement the inspection decision must clearly state the reasons for amendment or supplementation.

c) The Inspection Team may only proceed with the inspection of the amended or supplemented inspection content after receiving the decision to amend or supplement the inspection decision from the competent authority issuing the inspection decision.

Article 19. Drafting Inspection Records

1. Based on the inspection results, the Head of the Inspection Team shall draft the Inspection Record to record the results and conclusions of the inspection (if any) immediately after completing the inspection at the inspection site.

2. In cases of multi-day inspections, the Head of the Inspection Team shall draft the Inspection Record as follows:

a) Draft the Inspection Record recording the inspection results at the inspection site after the end of each day of inspection.

b) At the conclusion of the inspection, based on the results of each day of inspection, the Head of the Inspection Team shall draft the Inspection Record to record the results and conclusions of the inspection (if any).

3. The Inspection Record must be drafted according to the prescribed model and adhere to the following principles:

a) When drafting the Inspection Record, the inspected organization, individual, or their representative must be present.

b) If the inspected organization, individual, or their representative refuse to sign the Inspection Record, when drafting the Inspection Record, there must be a witness present and the reason for refusal must be clearly noted in the record.

c) If the inspected organization, individual, or their representative are absent or deliberately avoid the inspection, when drafting the Inspection Record, there must be a representative of the People's Committee or the representative of the police station of the commune and a witness present.

4. Content of the Inspection Record:

a) The Inspection Record must accurately and truthfully record the results according to each inspection content, the opinions of the inspected organization, individual, or their representative, the coordinating inspection agency, the witness if any, and the comments, evaluations, recommendations, and proposals of the Inspection Team regarding the inspection case.

b) The Inspection Record must contain the signatures of representatives of all parties related to the inspection and the drafting of the record. In cases where the Inspection Record consists of multiple pages or parts including appendices and attached lists, the signatures of these persons must be affixed to each page, part of the record, appendices, and attached lists.

c) In cases where the inspection results show compliance with the law, the Inspection Team must clearly record this content in the Inspection Record in accordance with the provisions of Clause 1, Article 27 of the Market Management Ordinance.

d) In cases where the inspection discovers administrative violation signs requiring verification and investigation to conclude, the Inspection Record must reflect the proposal of the Inspection Team to the issuer of the inspection decision regarding the organization of evidence collection, verification, investigation, and supplementation of materials and evidence.

Article 20. Establishment of Administrative Violation Records

1. The establishment of administrative violation records shall be carried out in accordance with the provisions of the law on handling administrative violations. The Head of the Inspection Team is simultaneously the person establishing the administrative violation record.

2. In cases where all inspection contents have been concluded, including the discovery of administrative violation acts, the Head of the Inspection Team shall establish the administrative violation record for the discovered administrative violations in accordance with the provisions of the law on handling administrative violations.

3. In cases where the inspection results of organizations or individuals contain discovered administrative violations and other contents that require further verification and investigation, the Head of the Inspection Team shall only establish the administrative violation record when there are sufficient conclusions about all inspection contents, including the discovery of administrative violation acts.

Article 21. Handling Inspection Results

1. Based on the inspection results, if necessary, the Head of the Inspection Team shall apply measures to prevent and ensure the handling of administrative violations within their authority or propose to the competent authority to decide on applying such measures. The application of preventive and ensuring measures for administrative violations shall be carried out in accordance with the law on handling administrative violations and the provisions of Articles under Chapter V of this Circular.

2. In cases where the discovered administrative violations fall under situations subject to fines without establishing an administrative violation record, the Head of the Inspection Team shall immediately issue a decision on fines within their authority and report the results along with the inspection and administrative violation handling file to the decision-making authority for inspections.

3. At the latest within one working day from the date of completing the inspection record and the administrative violation record, the Head of the Inspection Team must report the case file to the decision-making authority for inspections to handle the inspection results, except in the case stipulated in Clause 2 of this Article.

4. Immediately upon receiving the inspection case file from the Inspection Team, the decision-making authority for inspections shall examine and handle the inspection results as follows:

a) If an administrative violation record has been established in accordance with Article 20 of this Circular and within the prescribed time limit for imposing administrative penalties, they must decide on the imposition of penalties for administrative violations within their authority or proceed with the necessary procedures to transfer the administrative violation case file to the competent authority for penalties in accordance with the law on handling administrative violations and the provisions of this Circular;

b) If the inspection record indicates signs of law violations but lacks sufficient grounds to conclude administrative violations, they must decide on applying investigative measures to collect, verify, and investigate information to supplement evidence in accordance with Article 22 of this Circular.

Article 22. Collection, Verification, and Investigation to Supplement Evidence

1. Depending on the specific requirements of each case, the organization of collection, verification, and investigation to supplement evidence for inspection may be implemented in one or more forms as follows:

a) Inviting inspected organizations or individuals to work;

b) Working with inspected organizations or individuals upon request;

c) Working with other organizations or individuals related to the inspection;

d) Dispatching personnel to verify or requesting relevant state management agencies to cooperate in conducting verifications and investigations;

đ) Taking samples of goods and sending them to relevant agencies or organizations for testing and appraisal;

e) Seeking professional opinions from experts or specialized state management agencies;

g) Other methods as prescribed by law.

2. The authority issuing inspection decisions has the following responsibilities:

a) Immediately assigning market management officials to implement investigative measures to collect, verify, and investigate information in accordance with Article 38 of this Circular and issuing verification records and working instructions to the assigned officials;

b) Issuing decisions to extend or renew the verification and investigation period based on reports from the assigned officials.

3. Market management officials assigned tasks shall be responsible for:

a) Properly performing the assigned tasks and accurately recording each verification and investigation content in the provided verification record form;

b) Reporting in writing to the task assigner to extend or renew the verification and investigation period in cases stipulated at point a and point b of Clause 4, Article 27 of the Market Management Decree.

4. The time taken by organizations or individuals to delay or evade the collection, verification, and investigation of information to supplement evidence shall not be counted towards the verification and investigation period.

5. In cases where the verification and investigation period exceeds the time limit specified in Clause 4, Article 27 of the Market Management Decree but remains within the legal time limit for handling administrative violations, the results of the verification and investigation of information shall still be recorded and handled in accordance with Article 23 of this Circular.

Article 23. Handling the Results of Verification and Investigation of Inspection Cases

1. The person assigned to verify and investigate shall be responsible for compiling the collected materials and evidence to submit the case file to the Head of the Inspection Team within no more than two working days from the date of completion of the collection, verification, and supplementary investigation of materials and evidence.

2. Within no more than three working days from the date of receiving the case file after verification and investigation, the person issuing the inspection decision must conclude the case and handle it as follows:

a) In cases where there is no violation of the law, they must notify the inspected organization or individual in writing according to point d, Clause 4, Article 27 of the Market Management Ordinance.

b) In cases where there is an administrative violation, they must direct the establishment of an administrative violation record in accordance with the laws on handling administrative violations. If an organization or individual commits multiple administrative violations in the same case, only one administrative violation record should be established, clearly stating each violation.

c) In cases where there are signs of criminal offenses, immediately transfer the relevant files concerning the violation to the competent criminal prosecution agency for consideration and prosecution according to the law.

d) Consider and decide on the penalty for administrative violations within their authority, or proceed with the necessary procedures to transfer the case file of the administrative violation to the person with the authority to impose penalties according to the laws on handling administrative violations and the provisions of this Circular.

3. The head of the market management agency or unit must evaluate the responsibility of the civil servants involved if the verification and investigation period exceeds the prescribed time limit due to subjective reasons, and handle it according to the regulations on the activities of market management forces.

Article 24. Administrative Penalties for Violations

1. The authority, procedures, time limits for imposing administrative penalties, enforcing decisions on administrative penalties, handling contraband items and means of transportation involved in administrative violations, and coercive enforcement of decisions on administrative penalties shall be carried out in accordance with the laws on handling administrative violations.

2. The market management authority with the power to impose penalties may not divide or separate a single administrative violation case to impose administrative penalties multiple times to suit their authority.

Article 25. Procedures for Transferring Administrative Violation Cases to Competent Authorities of Other Sectors

1. For cases that have been recorded as administrative violations according to Article 20 of this Circular but are not within the authority to impose penalties of market management, the head of the market management agency or unit that issued the inspection decision or is currently handling the case must:

a) Immediately issue a document transferring the administrative violation case to the competent authority to impose administrative penalties;

b) Transfer all relevant case files and seized items or means of transportation (if any) related to the violation when transferring the administrative violation case;

c) Establish a handover record between the transferring party and the receiving party if there are seized items or means of transportation;

d) Continue to store seized items or means of transportation (if any) when transferring the administrative violation case upon reasonable request or requirement from the authority with the power to impose penalties.

2. For administrative violation cases discovered by market management through inspections or joint inspections, but which show signs of criminal offenses, the head of the market management agency or unit that issued the inspection decision or is currently handling the case must immediately transfer the relevant files concerning the violation to the competent criminal prosecution agency for consideration and prosecution according to the law. The transfer process shall be conducted similarly to the provisions at points a, b, and c of Clause 1 of this Article.

Article 26. Procedures for Reporting Administrative Violation Cases within the Internal Organization of Market Management Agencies

1. Except for cases implemented according to the provisions of Article 28 of this Circular, for cases exceeding the authority to impose administrative penalties, the person who issued the inspection decision or is handling the case shall be responsible for:

a) Submitting a document to the competent authority with higher penalty imposition power regarding the administrative penalty imposition according to their authority on the case being handled;

b) Immediately transferring all case files related to the administrative violation and preparing a handover record between the transferring and receiving parties;

c) Continuing to store seized items or equipment (if any) when transferring the administrative violation case upon request from the higher authority.

2. Within the latest three working days from the date of receipt of the reported administrative violation case file under Clause 1 of this Article, the competent authority imposing penalties shall be responsible for:

a) Reviewing and deciding on the administrative penalty imposition according to their authority or proceeding with the procedures to report the administrative violation case file to the competent authority with higher penalty imposition power for review and decision on the administrative penalty imposition according to their authority, except for cases implemented according to the provisions of Article 28 of this Circular;

b) Requesting additional verification of circumstances to supplement the case file if there is insufficient basis for administrative violation handling. The request for supplementary case file shall be made in writing.

3. In the case where an administrative violation occurs simultaneously in the territory of two provinces or more, the Director of the Business Administration Department shall report to the General Department Director for review and decision according to their authority.

Article 27. Procedures for Acceptance and Handling of Administrative Violation Cases Transferred by Other State Agencies to Market Management Agencies

1. The acceptance and handling of administrative violation cases transferred by other state agencies to market management agencies shall be carried out as follows:

a) The authorized person of the transferring agency shall issue a document transferring the administrative violation case to the market management agency;

b) The head of the market management agency receiving the transfer shall issue a decision accepting the case, including the establishment of an inspection team led by a market management civil servant to accept and handle the administrative violation case;

c) The procedure for accepting the transfer from the transferring party shall be carried out according to points b and c of Clause 1 of Article 25 of this Circular.

2. Within the time limit prescribed by the law on administrative violation handling, the head of the market management agency accepting the transferred case shall be responsible for reviewing and deciding on the administrative penalty imposition according to their authority or reporting to the competent authority for administrative penalty imposition according to the provisions of this Circular.

Article 28. Procedures for Reporting to People's Committees at Various Levels

1. Market management agencies shall report to the Chairman of the People's Committee with the authority to impose administrative penalties for review and decision in the following cases:

a) The case involves multiple types of administrative violations in different areas of state management, including administrative violations not within the authority of market management to impose administrative penalties;

b) The administrative violation case exceeds the administrative penalty imposition authority of the market management agency.

2. The Market Management Team Leader shall be responsible for:

a) Reporting the case to the Chairman of the People's Committee of the district where the administrative violation occurred for review and decision on the administrative penalty imposition according to their authority in the case stipulated in Clause 1 of this Article;

b) Transferring the case to the superior provincial-level Market Management Bureau to report to the Provincial People's Committee in the case stipulated in Clause 1 of this Article that exceeds the administrative penalty imposition authority of the Chairman of the District People's Committee.

3. The provincial-level Market Management Bureau shall report to the Provincial People's Committee where the administrative violation occurred for review and decision on the administrative penalty imposition according to their authority in the case stipulated in Clause 1 of this Article or the case stipulated in point b of Clause 2 of this Article.

4. The Business Administration Department shall report to the Provincial People's Committee where the administrative violation occurred for review and decision on the administrative penalty imposition according to their authority in the case stipulated in Clause 1 of this Article.

Article 29. Establishment, amendment, storage of administrative inspection and violation handling files

1. The case file for administrative inspection and violation handling includes all documents related to the inspection and handling of administrative violations established, amended, and stored on the following basic principles:

a) The establishment of archival files must truthfully and fully reflect the documents according to assigned functions and tasks, and create accurate grounds for promptly, correctly, and effectively resolving matters of the agency or unit.

b) Documents stored in a file must be complete and have a close relationship between the documents and materials, reflecting the natural formation or actual development of work, ensuring legal value and being correct and complete in format. Documents stored in the file must be consistent with the actual formation of the file in solving work matters, limiting non-valuable documents or missing important materials.

c) Documents and materials must be arranged and amended before transferring them to the archive of the agency or unit.

2. Upon completion of the administrative inspection and violation handling case, the head of the Market Management agency as stipulated in Clause 4 of this Article shall be responsible for assigning civil servants to establish and amend the case file for administrative inspection and violation handling.

3. The case file for administrative inspection and violation handling shall be established and amended as follows:

a) The case file must have a cover designed and printed, stored according to regulations. The civil servant assigned the task shall record all details of the items printed on the cover of the file.

b) Materials within the case file must be carefully arranged, numbered, and listed completely in the index printed on the cover or label of the file. The civil servant assigned the task shall list and arrange materials in order starting from item number 01 to the last item.

c) Item numbers are assigned sequentially and progressively increasing numerically and in the order of each material in the file. Each item is numbered once. The item number is placed in the upper right corner of the front side of each material. Each material is assigned one item number. Item numbering is carried out in chronological order of receipt. In cases where multiple materials are received at the same time, item numbers are assigned in the order of issuance of the materials.

4. Administrative inspection and violation handling case files shall be stored according to the following regulations:

a) The level issuing the administrative penalty decision that concludes the case must store the original case file at that level.

b) If the People's Committee of the province issues an administrative penalty decision, the provincial agency or business sector proposing the handling must store a copy of the case file, except when the People's Committee of the province requests otherwise in writing.

c) If the People's Committee of the district issues an administrative penalty decision, the Market Management team proposing the handling must store a copy of the case file, except when the People's Committee of the district requests otherwise in writing.

5. The case file for administrative inspection and violation handling must be handed over, preserved, stored, and destroyed of materials that have lost their utility value in accordance with the law on archives.

Article 30. Confidentiality 1. Information, documents, and case files related to inspection and handling activities for administrative violations or those with signs of administrative violations must be kept confidential as prescribed, except for information and documents specified in Chapter II of this Circular. of individuals registered in accordance with the law continues to be updated into the information

2. Market Management officials who intentionally disclose or provide statements about inspection and handling cases of administrative violations or information related to the implementation of market management business measures without authorization from competent authorities shall be subject to disciplinary action or criminal responsibility according to the law depending on the severity of the violation.

APPLYING MEASURES TO PREVENT AND ENSURE HANDLING OF ADMINISTRATIVE VIOLATIONS

 

Chapter V

Article 31. General provisions on applying preventive measures and ensuring handling of administrative violations

1. Based on the results of inspections or the implementation of business measures, the authorized person of Market Management decides to apply preventive measures and ensure handling of administrative violations including:

 

a) Inspection forms as prescribed by the Law on Handling Administrative Violations;

b) Seizure of evidence, means of transport, licenses, professional certificates according to administrative procedures; seizure of persons according to administrative procedures; escorting violators.

2. The authority and procedures for applying preventive measures and ensuring handling of administrative violations are carried out according to the law on handling administrative violations.

3. The authorized person of Market Management deciding to apply preventive measures and ensure administrative penalty enforcement is responsible for:

a) Ensuring that the application of preventive measures and ensuring handling of administrative violations is based on legal grounds as prescribed by the law on handling administrative violations;

b) Organizing, directing, and implementing the application of preventive measures and ensuring handling of administrative violations in accordance with the prescribed procedures and procedures under the law on handling administrative violations.

Article 32. Proposing Inspections

1. When verifying information as prescribed in Articles 8, 9, 10, and 11 of this Circular or when implementing assigned business measures or in the circumstances stipulated in Clause 1, Article 21 of this Circular, if there is reasonable basis to believe that there are administrative violation evidence hidden in a person, means of transport, objects, or at a hiding place, then Market Management officials apply inspections within their authority or propose inspections to the authorized person issuing inspection decisions according to administrative procedures of Market Management.

2. Proposals for inspections as prescribed in Clause 1 of this Article are made in writing and include the following main contents:

a) Name, position, workplace of the proposer;

b) Basis for proposing inspections;

c) Inspection subjects or locations;

d) Scope of inspections;

đ) Anticipated time for conducting inspections;

e) Anticipated violation acts;

f) Anticipated number and composition of the inspection team including cooperating forces;

g) Anticipated scenarios;

h) Name and signature of the proposer.

3. Market Management officials proposing inspections are responsible before the authorized person issuing inspection decisions and the law regarding the content of the proposals.

i) Name and signature of the person proposing the search.

3. Civil Servants of Market Management who propose a search must be responsible before the authority issuing the search decision and before the law regarding the content of the Search Proposal.

Article 33. Inspection Plan

1. Before issuing an inspection decision, the person authorized to issue the inspection decision or delegated such authority must develop an inspection plan to ensure lawful inspection and effective results, except in cases where immediate inspection is required under laws on administrative violations.

2. The inspection plan specified in Clause 1 of this Article must include the following main contents:

a) Basis for developing the inspection plan;

b) Object or place to be inspected;

c) Reason for inspection;

e) Anticipated violation acts;

d) Anticipated start and end times of the inspection;

e) Anticipated scenarios and measures to address them;

f) Anticipated administrative violations and applicable regulatory documents;

g) Anticipated number and composition of the inspection team including cooperating forces;

h) Anticipated means and conditions to support the inspection if necessary;

i) Name and signature of the person issuing the plan and stamp.

Article 34. Issuing an Inspection Decision

1. All inspections must have an inspection decision in writing from the authorized person, except in cases where immediate inspection is required under laws on administrative violations.

2. The authorized person of Market Management shall only issue an inspection decision when:

a) It is within their jurisdiction, area, or field of responsibility;

b) There is an inspection plan as prescribed in Article 33 of this Circular.

Article 35. Procedure and Formalities for Implementing Inspection Decisions

1. The procedure and formalities for implementing inspection decisions; handling matters arising during the inspection process; establishing administrative violation records; processing inspection results; verifying and supplementing evidence; imposing administrative penalties; transferring, receiving, submitting case files, amending, storing files, and securing information are carried out similarly to inspection activities regulated in Articles 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and Article 30 of this Circular.

2. Establishing Administrative Inspection Records, Transport Means Inspection Records, and Goods Inspection Records according to administrative procedures, and Inspection Records of Places Concealing Contraband Goods as stipulated by laws on administrative violations.

Article 36. Application of Temporary Seizure Measures for Contraband Items, Violating Means of Transportation, Licenses, and Professional Certificates According to Administrative Procedures

1. The Head of the Inspection Team applies such measures within their authority or proposes that the authorized person decide to apply temporary seizure measures for contraband items, violating means of transportation, licenses, and professional certificates based on valid grounds and in accordance with laws on administrative violations. Such proposals must be documented in writing or recorded in the inspection team's inspection record.

2. Authority and formalities for applying temporary seizure measures for contraband items, violating means of transportation, licenses, and professional certificates are implemented according to laws on administrative violations.

 

Chapter VI

OPERATIONAL MEASURES

 

Article 37. Article 24Area Management

1. The objects of area management include:

a) Organizations and individuals engaged in trading goods and services in the operational area of market management forces;

b) Production, trading, delivery, storage, and reserve locations; cargo collection sites, domestic airports, inland waterway ports, sea ports, railway stations, post offices; shopping centers, duty-free shops, supermarkets, markets in the operational area of market management forces;

c) Production, trading, delivery, storage, and reserve locations; cargo collection sites, airports, inland waterway ports, sea ports, railway stations, post offices; shopping centers, duty-free shops, supermarkets, markets... and organizations and individuals involved in producing and trading goods and services in the operational area of customs but not subject to state management by Customs as provided by law.

2. Assignment of area management is decided in writing by the Head of the Market Management Team and assigned to one or more civil servants to implement.

3. The assignment decision must clearly specify the specific management area, list of civil servants, management contents to be implemented, and reporting system. Civil servants must record their work diaries before going down to the area to perform tasks.

4. In cases where multiple civil servants are assigned to manage the same area, the Head of the Market Management Team appoints one civil servant as the team leader responsible for regularly reporting or consolidating data information about area management to the Head of the Market Management Team according to the contents prescribed in Clause 1 of Article 33 of the Market Management Ordinance.

5. The Head of the Market Management Team is responsible for compiling, managing, and utilizing the database of information about area management within the assigned area and fulfilling the reporting system as required by the Director of the Provincial Market Management Department.

6. The Director of the Provincial Market Management Department is responsible for managing and utilizing the database of information about area management within the assigned area and fulfilling the reporting system as required by the General Department Director.

7. The General Department Director is responsible to the Minister of Industry and Trade for the national system of databases of information about area management.

Article 38. Collection, Examination, and Verification of Information

1. The objects of the activities of collecting, examining, and verifying information include:

a) Organizations and individuals currently being inspected or specialized supervision by Market Management;

b) Organizations and individuals who have been administratively or criminally punished for violations in business activities involving goods and services, with the potential to reoffend; organizations and individuals potentially related or showing suspicious signs of administrative violations in business activities involving goods and services;

c) Agencies, organizations, and individuals related to inspection, specialized supervision, and administrative violation handling by Market Management.

2. Based on information provided by the information-providing entity or information stipulated in Clause 3, Article 8 of this Circular, or proposals from the Inspection Team or Specialized Supervision Team, the head of the Market Management agency or unit decides in writing on the collection, examination, and verification of information.

3. The content of the decision assigning tasks to civil servants must clearly specify the contents that need to be examined and verified, the name of the assigned civil servant, and the time for conducting the examination and verification. The assignment decision must clearly state the deadline for examination and verification according to the provisions of Clause 4, Article 27 of the Market Management Decree for cases of examination and verification of information as stipulated in Clause 2, Article 22 of this Circular.

4. The content of collected, examined, and verified information is specified in Clause 2, Article 33 of the Market Management Decree.

5. The collection of information, examination, and verification related to specialized inspection cases being handled by Market Management shall be carried out by members of the Inspection Team or Specialized Supervision Team as stipulated herein.

6. Civil servants assigned the task of collecting information, examination, and verification must record all relevant details in their Work Diary before executing the task.

Article 39. Surveillance Activities

1. The objects of surveillance activities include:

a) Organizations and individuals showing signs of smuggling, producing, or selling counterfeit, prohibited, or origin-unknown goods;

b) Organizations and individuals infringing intellectual property rights, violating laws on quality, measurement, pricing, food safety, consumer protection, and commercial fraud;

c) Organizations and individuals currently implementing or preparing to implement illegal acts based on reports from information-providing entities.

2. Based on reports or proposals from civil servants, collected information, or reports from information-providing entities, the heads of provincial-level Business Units, Provincial-level Teams, or Market Management Teams decide in writing on surveillance against organizations and individuals as stipulated in Clause 1 of this Article.

3. The content of the decision assigning tasks to civil servants must clearly specify the basis for conducting surveillance, the list of civil servants conducting surveillance, the surveillance targets or locations, and the surveillance time. The surveillance content is regulated in Clause 3, Article 33 of the Market Management Decree.

4. Upon completion of the surveillance period, the civil servant conducting surveillance must report in writing with the following main contents:

a) Basis for conducting surveillance;

b) Full name, position, and workplace of the person conducting surveillance;

c) Name and address of the individual, organization, or surveillance location;

d) Surveillance time;

e) Content and results of surveillance;

f) Proposals and recommendations of the person conducting surveillance. In cases where there are violations of the law or signs of violations, the proposal section must include: the name and address of the individual, organization, or location proposed for inspection; the content of the proposed inspection; the proposed inspection time; the anticipated violation; the expected number and composition of the Inspection Team; anticipated situations and measures including preventive measures if necessary;

g) Signature of the reporter.

5. Civil servants assigned the task of surveillance must record all relevant details in their Work Diary before executing the task.

Article 40. Construction of information provision bases

1. Market Management forces may employ persons not on the establishment rolls who have the ability and conditions to participate as collaborators to perform the task of providing information, serving as contact points for regularly supplying information sources to support market inspection and specialized supervision activities.

2. The head of the Provincial-level Market Management Bureau, the Provincial-level Market Management Bureau, and the Market Management Team shall decide in writing on the construction and management of collaborators according to the following principles:

a) Confidentiality, single-line;

b) Information about the identity of collaborators must be encoded in accordance with the regulations of the General Department of Market Management;

c) The files of collaborators must be stored and preserved under confidentiality rules.

3. Information and documents provided by collaborators must be verified and investigated in accordance with Article 38 of this Circular to serve as grounds for specialized inspections and administrative violation handling.

4. Costs for collaborators providing information shall be included in case expenses in accordance with the provisions of the law.

Chapter VII

IMPLEMENTING PROVISIONS

 

Article 41. res Implementation tasks

a) Disseminating, implementing, and organizing the implementation of this Circular for civil servants and market management agencies;

a) Organize the implementation of market inspection and administrative violation handling activities in accordance with the law and this Circular;

b) Advise and submit to the Minister of Industry and Trade for approval the annual regular inspection plan of the General Department of Market Management;

c) Approve the annual regular inspection plans of the Provincial-level Market Management Bureaus;

d) Direct, monitor, urge, guide, and inspect the Market Management forces in their inspection and administrative violation handling activities and business measures in accordance with the law and this Circular;

đ) Report to the Minister of Industry and Trade on the situation and results of market inspection and administrative violation handling activities and business measures in accordance with the regulations;

e) Propose to the Minister of Industry and Trade organizational measures for implementing or amending this Circular when necessary.

2. The Director of the Provincial-level Market Management Bureau shall be responsible for:

a) Organizing the implementation of market inspection and administrative violation handling activities in accordance with the law and this Circular;

b) Organizing the implementation of inspection directives from competent authorities or coordinating with other Provincial-level Market Management Bureaus to conduct inspections and handle administrative violations when requested;

c) Approving special topic plans of subordinate units;

d) Directing, monitoring, urging, guiding, and inspecting subordinate Market Management Teams in their inspection and administrative violation handling activities and business measures in accordance with the law and this Circular;

đ) Reporting to the General Department Director on the situation and results of market inspection and administrative violation handling activities of his unit in accordance with the regulations.

3. The Director of the Inspection and Supervision Department shall be responsible for:

a) Advising the General Department Director to direct, monitor, urge, guide, and inspect the Market Management forces in their inspection and administrative violation handling activities and business measures in accordance with the law and this Circular;

b) Inspecting compliance with laws in market inspection and administrative violation handling activities and business measures of agencies and units under the General Department of Market Management;

c) Recommending and proposing measures to deal with organizations and individuals violating laws in market inspection and administrative violation handling activities and business measures.

4. The Head of the Market Management Team shall be responsible for:

a) Organizing the implementation of market inspection and administrative violation handling activities and business measures in accordance with the law and this Circular;

b) Reporting to the superior Provincial-level Market Management Bureau Director on the situation and results of market inspection and administrative violation handling activities and business measures in the assigned area or field.

4. State agencies, organizations, and individuals related to market inspection and administrative violation handling activities shall be responsible for:

a) Providing information, documents, and evidence related to inspection cases at the request of Market Management agencies and units;

b) Cooperating in inspection and administrative violation handling activities at the request of Market Management agencies and units;

c) Cooperating in the implementation of inspection decisions, search decisions, penalty decisions, and other decisions made by authorized heads of Market Management agencies and units.

Article 42. Effective Date

1. This Circular takes effect from November 26, 2018.

2. This Circular replaces Circular No. 09/2013/TT-BCT dated May 2, 2013, issued by the Minister of Industry and Trade, which stipulates the activities of market inspection and administrative violation penalties, and Circular No. 24/2009/TT-BCT dated August 24, 2009, issued by the Minister of Industry and Trade, which stipulates the territorial management work of market management agencies.

3. This Circular accompanies a model Work Diary of Market Management.

4. The General Department Director of Market Management, the Provincial-level Market Management Bureau Director, the Provincial-level Market Management Bureau Director, the Market Management Team Director, the Heads of units under the Ministry of Industry and Trade, and relevant agencies, organizations, and individuals are responsible for implementing this Circular./.